K: HEALTH
Kt. Medical Services and Medications

‘The Montgomery County Sheriff recognizes that good health care is important to your well-being
and positive adjustment to incarceration. Health care staffis on-duty 24 hours a day 7 days each
week. Ifyou have a non-emergency medical problem, complete a Health Services Request Form
‘and hand the form to your housing unit officer or hand it to the health care staff during medication
rounds. DO NOT fill out more than one request form for the same medical problem unless health
care staff for that problem has already seen you and you are in need of follow-up care. Filling out
more than one request form for the same problem will not get you to sick call any faster. Misuse of
medical forms can result in disciplinary action.

Medical Services Inmate Orientation

4. Medical services are provided by medical professionals. Services available may include:
* Assessment and treatment of medical illness.

2. In order to receive medical treatment, a Release of Information form, which allows us to
contact your regular doctor or hospital, and Consent to Treatment form, which allows us
to provide medical treatment to you, must be signed. If you refuse to sign the Consent to
Treatment form, we will not be able to treat you for non-emergency needs.

3. Ifyou wish to speak with medical staff about routine matters complete a Health Services
Request form and place it in the medical request box or hand it to the nurse on rounds
in your housing unit.

4, In emergency situations, or if you have concems that need to be addressed
immediately, contact the Heaith Services Administrator or any corrections officer so you
may receive medical assistance as soon as possible. :

5. Ifyou believe the medical services offered you are not adequate, you may notify the
medical staff, submit an informal complaint fo the Health Services Administrator or file
an Inmate Grievance according to the jail’s policy.

6. Rude, abusive or uncooperative behavior will not be tolerated by medical staff.

7. You will be informed at the onset of treatment or assessment of any license supervisory
arrangements between health professional assisting you and his/her supervisor. If the
health professional is under supervision, the supervisor is ultimately professionally
responsible for your care; upon request you may meet with the supervisor.

8. Medical information is confidential except in the following situations:

a. The medical department may release your health information to correctional
staff or other health care staff when you are:

20

9.

11.

Suicidal

Homicidal

Presenting clear danger of injury to self or others

Presenting reasonably clear risk of escape or creation of

internal disorder or riot

= Requiring movement to a special unit for evaluation or
treatment of acute care

» — Requiring transfer to a treatment facility outside of the
correctional environment .

Requiring a new program assignment for medical or security

Teasons

b. Medical staff shall have access to your medical information when acting in the
course of their specific duties.

c. Mental Health staff may have access to your medical information on a need to
know basis by request to the Health Services Administrator.

d. The following personnel may have access to your health information on a need
to know basis to the Health Services Administrator:

Jail Administrator or his designee

Internal investigative staff

NaphCare and accrediting body audit staff

NaphCare legal counsel or other attomeys representing
NaphCare

+ Persons authorized by an order or judgment of a court with
appropriate jurisdiction

e. Health care providers may have access to your health information if the
information is needed to provide you health care.

{._allother persons or agencies need a written authorization signed by you or a
court order to have access to your health information

Medical professional have a duty to report to appropriate authorities (county children’s
services boards or county police departments) on unreported suspected abuse or
neglect of child or vulnerable adult.

. tfyou have a medical problem that is an emergency (life-threatening) push the panic button

or tell any officer about your emergency problem. The panic alarm system is to only be
used if you have a true life-threatening emergency.

Inmate Health Care Co-Payment Program includes the following:

Services that DO NOT Require a Co-Payment

* Life threatening medical emergencies
* Routine physical

* Mental Health evaluations

* Specially clinics (STD, TB, prenatal)
X-Rays and lab tests,

* Drug and alcohol programs

21


‘ wO-30-2017 THU 10:19 AN P, 005

utilizing permanent beds. The County Jail component of the
Combined Jail shall not house an inmate population (utilizing
permanent beds) in excess of 262 inmates. The City Annex
component of the Combined Jail shall not house an inmate
population (utilizing permanent beds) in excess of 99 inmates.

Ir. CY OVERCRO! RELEASE MEOHANTS!

The maximum population limitation set forth in Section I.
(Maximum Inmate Population) shall be maintained according to the
following priority release mechanism.

1. All wnsentenced non-violent misdeméanants confined

in the jailor brought “to the jail by any arresting or

confining agency shall be released on their own

recognizance and issued a "Summons after Arrest” to the
appropriate court on the appropriate court date.

2. Inmates confined for conviction’ of. non-violent
misdemeanor . offenses, other than those sexving
mandatory sentences for DWI/DUI convictions, who. have
completed at least fifty percent (50%) of their
sentences: shall be released with priority ‘given ‘to
those with the fewest days remaining to be served.

3. Inmates confined for convietion o£. DWI/DUL, who
have completed at least fifty” percent (50%) of ‘their
sentences shall be released with priority given to
those with the fewest days remaining to be served.

4. Inmates confined for convictions of non-violent
misdemeanor offenses, DWI/DUI convictions who have not
completed £ifty percent (50%) of their sentences shall
be released in the order established above.

5. Inmates confined for convictions of non-violent
felony offenses, who have completed at least fifty
percent (50%) of their sentances shall be released with
priority given to those with the fewest days remaining
to be served.

6. Inmates confined for convictions of non-violent
felony offenses who have not completed fifty percent
(50%) of their sentences shall be released in the order
established above.

7. Inmates confined for technical =parole;” probation: jor
furlough. violations who have nO other pending eriminal

3



HIVSIZUTS ‘Lounty Jail [old to TIX Serious stating, Overcrowaing Issues ~ Laytoll Waity NewS
Only one officer supervises each floor of inmates, and each floor houses 80 to 90
inmates.

“Think about that,” Vose said. “That’s 80 to 90 inmates that you can’t see.”

Another concern was the location of the mental health cells. Inmates on suicide
watch are housed in the booking area, so already busy booking officers must check
the inmates every 10 minutes.

Turnover rate of employees at the jail is 30 percent per year, Montgomery County
Sheriff's Office Chief Deputy Bob Streck said. The sheriff's department is struggling to
recruit correctional officers to fill positions. Years ago, 100 people would show up to
take the exam required for tire position, Streck said. Now the department might see
four applicants.

An average corrections officer is working overtime every two to three days, Sassatelli
said. Streck said overtime hours are assigned according to seniority, so the bulk of
the jail’s overtime hours are worked by the youngest officers. That overwhelms new
employees, leading to turnover. In employee interviews, overtime was the “number
one concern” for younger officers.

“That's kind of unusual from my standpoint,” Sassatelli said “Usually the younger
guys are the ones that want the overtime, but here they're worn out by it already. It's
taking a significant toll.”

In the event of an emergency, the jail can work an officer up to eight hours beyond
the scheduled end of shift. Officers must work overtime if ordered to and can be
disciplined if they don’t, Major Matt Haines said.

Staffing is low enough that housing units are sometimes locked down for short
periods of time because officers aren't available to supervise the inmates. In order for
the officer supervising a unit to use the bathroom, the officer must sometimes lock
down the unit and leave.

The consultants said the jail doesn’t staff enough supervisors for the number of
http://epaper.daytondailynews.com/popovers/dynamic_article_popover.aspx?artguid=19a355c8-bad2-4457-984e-4cab59e12046&utm_source=app.pa... 2/3


“NOV-30~2017 TAU 10:20 AM 010

o, + os

ounselors will be available for on-site jail

service.

The jail shall employ seven’ medics, one

(1) sueh paramedic designated as the health: segervices

adminis erator. Siok’ Gall will be provided seven ‘)odays per
week by the allied medical personnel, Defendants represent that
these paramedics have EMT "A" training plus seven hundred (700)
hours and have State of Ohio paramedic certification. The
paramedics have advance life support certification and are CPR
certified instructors. Paramedic coverage shall be twenty-four
(24) hours, seven (7) days a week.

Upon arrival at the jail, inmates shall be screened for

‘medical or mental problems. If suicidal, on medication or

‘ .zerturning from the hospital... or exhibiting medical or mental

problems, a paramedic will be called to the receiving area. The
mental health counselor may ‘also be called in the post soreening
process. At screening, the inmate will be informed of the access
to health service process through a statement read to him/her;
later a "prisoner handbook" will issue,

Follow-up health assessments shall be completed by the
paramedic which shall include a medical history and a health

appraisal.

Specialty ‘oLinic.s teferrals, shall be made available,
including OB, GYN, STD, dental, TB, prenatal, and abortion
counseling (when requested). Emergency services, off site, shall

be provided when necessary.



F4,

2. The housing unit officer inspects your housing

« Leisure time games and equipment purchased from Commissary.

+ Feminine hygiene items (females only)

» Shaving razors, and/or nail clippers during authorized shaving periods only

Medical and/or health care items issued or approved by the jail physician
or health care staff.

» Medical Alert Tag

3. You may possess some special items authorized by the health care staff or the jail staff.

The jail staff has a written record of your authorization to possess any item not on the list of
permitted items.

4. Any item altered from its intended use, modified in any way, or not on the list of permitted.

items may be confiscated by jail staff and considered contraband.
‘Smoking Policy

4. Smoking is not permitted within the Montgomery County Jail in order to help maintain a
safe, healthy and clean environment for inmates, staff members and citizens.

2. Inmates who are temporarily outside the jail building are prohibited from using tobacco
products at any time.

3. Inmate workers on outside work details are not permitted to use tobacco products at any
time.

Daily Cleaning
1. You are required to participate in the daily housekeeping of your housing unit or cell. After

each meal service, jail staff issues the necessary supplies and equipment needed for
cleaning and will monitor your work.

it and cell area at least 3 times daily. You
and other inmates assigned to the housing unit maintain regular telephone and television
privileges by keeping the housing unit clean. Special privileges may be given to the best-
maintained units. On the other hand, your unit may lose privileges if you choose nat to
follow cleaning requirements.

3. Cleaning includes but is not limited to:
a. Floors swept, mopped, free of paper and trash

b. Walls, tables, benches, empty bunks, and bars, where applicable, wiped clean.
Bars must be kept free of all items except out-going mail a ms.

c. Toilets, sinks (drinking facilities), and showers cleaned

d. Storage boxes stored under bunks or under your desk

e. Your bunk is to be made each moming by 5:30 a.m. and remain made until 9:00
p.m. You are permitted to lie down or sit on the bunk but not under the covers
during this period.

4. You are expected to store your personal items on a shelf or a desk. You may buy a storage
box from the commissary.

. Ifyour case goes to trial

3. Unless you have medical authorization, you are not permitted to take bedding (sheets,

blanket, mattress, or pillow) into the day area of the pod, dormitory or range.

3. Do not throw trash in the toilet or on the floor. Put it in the proper trash containers.

You may not hang any items from the bunks. You may not cover ight fixtures, windows, or

vents with any item. Alll items are to be kept clean and clear.

}._ Daily unannounced inspections will be conducted to ensure sanitation requirements are

being met and to assist in the control of contraband.

INMATE CLOTHING / PROPERTY

Property and Clothing Storage

Your personal property and clothing are collected at admission. The clothing is placed in a

storage bin in Prisoner Property. You are given a receipt for these items, which you must
keep until you are released.

.._ Htems may be added to your personal property if something legal, but not authorized for you

to have, is sent to you through the mail. Legal items mailed to the facility but not authorized
in housing will be placed in inmate's property.

. You may check with your housing unit officer about how to release your personal property

to someone in the community. You may not release any personal property to another
inmate.

. Atyour release, an officer inventories your personal property with you present in order to

ensure everything is returned to you.

Inmate Clothing

. When provided with a jail uniform, you are expected to wear the uniform correctly.

Oversized or to small uniforms are not normally allowed and may be exchanged at the
discretion of the staff. You may not “sag” your pants. Your underclothing should not be
visible while wearing your jail uniform. You may not walk or stand with your hands in your
pants or inside your clothing,

You must be dressed in full uniform by 5:30 a.m. and remain in your full uniform until 9 p.m.
Your shirt and pants must be on; your pant legs must be unrolled; and you must wear your
issued shoes (foot fully inserted and shoe tied for those shoes with laces.)

. You are permitted to have two (2) sets of underclothing. Underclothes may be purchased

‘through commissary. Women's bras can be purchased through inmate commissary.

either Common Pleas or Federal Court, we accept one set of trial
clothes (suit or similar clothing) at the Prisoner Services window, 24 hours a day 7 days a
week. Clothing must be picked up after the trial is over no later than 9:00 p.m.

|. Except for health or sanitary reasons, you cannot release the clothes you wore to the jail. if

we do allow you to release your clothes, you must have a replacement set brought in at the
same time.

. You may wear head covers only when you have received special permission for medical or

religious reasons, or when in the kitchen if you are a food service worker.



* NY-30-2017 THU 10:21 A

Assistant Prosecuting Attorney
AlN. Perry Street, Suite 300
Dayton, Ohio 45402"

Telephone: (513) 225~+5757

‘GARY HBENES

Montgomery County Sheriff
41 N. Perry Street
Dayton, Ohio 45402

FAULA J- "Hesse

Montgomery County Commissioner

Montgomery County Administration Building
‘451 West Third Street

Dayton, Ohio 45422

DONNA B. MOON

Montgomery County Commissioner
Montgomery County Administration Building
451 West Third Street

Dayton, Ohio 45422

CHARLES UJ. CURRAN

Montgomery County Commissioner
Montgomery County Administration Building
451 West Third Street

Dayton, Ohio 45422

(aia nanin atrato Sheriff's Office
41 N. Perry Street
Dayton, OhLlo 45402

14

P 016



Serious (A) Rule Violations - Rule violations which are a present and immediate

threat to the security of the.
constitutes a violation of

| or its staff, inmates, or visitors, or any act which
state, or federal law. Serious (A) Rule Violations

include but are not limited to:

At

Assault on any person.

The expulsion of any body excretions (spit, urine, etc...) towards any
person or on any county property.

‘Threats to use force against staff.

Sexual misconduct, all sexual acts (consensual or non-consensual) with
staff members, volunteers, contractors, or inmates.

Bribery or attempted bribery of any staff member.

Maliciously making unfounded complaints or charges against staff
members.

Harassment.

Theftipossession of a staff members or another inmates property.
Self-mufilation, including but not limited to tattooing.

Encouraging or creating riots.

Escape, attempted escape or aiding another in an escape.

Arson

Putting foreign material into or misusing electrical wall outlets
Possession of a weapon, chemical agent or any which has been
modified so that it may be used as a weapon.

Possession of drugs, alcoholic beverages, or intoxicating substances
and/or their use.
Purposeful flooding of the j
Disrupting or interfering with the security operation of the jail
‘Tampering with locks and/or safety devices.

Encouraging others to violate jail rules.

Creating a disturbance.

Alteration or misuse of county property.

Damaging county property valued at over $50.00.

Conspiracy.

Extortion.

Forgery.
Attempted Serious Rule Violations.

Multiple and/or persistent Major Rule Violations.
Violation of local, state, or federal statute, even if not criminally charged.
Violation of any published Serious (A) Rules

You may be penalized by a loss of privileges and qualified,rights for up to 240 hours ten
(10) days for each violation.

Privileges, which may be suspended, include:

1. Entertainment

2. Commissary (except for personal hygiene items)
3. Visits by friends and/or family

4. Telephone calls to friends and/or family

Qualified rights, which may be suspended, include:

1. One visit per week by family (reviewed weekly for reinstatement)

2. Two hours exercise per week (reviewed weekly for reinstatement)

3. Clothing, bedding, bed, lavatory and shower (reviewed daily for
reinstatement)

28

iv.

Qualified rights are suspended only when it can be shown they pose a serious threat to
security or when jail property is being seriously abused.

In addition, you may also be penalized by:

«Placement in the Di
+ Loss of any eamed got

b. Major (B) Rule Violations - Rule violations which are not an immediate threat to
the security of the jail or its' staff, inmates, or visitors, but cannot be considered

‘The following are considered Major (B)

Violations and include, but are
:d to:

‘Any unpublished act, which knowingly done constitutes a threat to the
it tends to disrupt the operation of the jail, its staff, other

Threats agai i
Disobedience of a direct order from any staff member.

Disrespect, lying, giving false information, or arguing with any staff
member.

Fighting, including instigation of/or perpetuating fighting

Foul and abusive language or obscene gestures to staf.

Interfering with a staff members duties.

Disruptive behavior including ratting or pounding on any jail doors or
windows.

Encouraging misconduct.

Late for count or lockdown. Interfering with a lockdown or headcount.
Entering or leaving a housing area without the unit officers clear
permission

Aiding or abetting another to violate any rule or regulation

Creating a disturbance including arguing, shouting or whisting.
Crossing any red line or any yellow line without staff permission.
Refusal to carry out a work assignment or malingerit

Defacing or damaging jail property, including
floor, or bunks.

Misuse of the intercom system.

Sanitary violations or failure to comply with hygiene standards or
requirements.

Smoking or possession of tobacco or smoking paraphematia.
Medication violations.

or any transaction for which payment of any kind is made,

ing. -
ing on the walls, ceiling,

Possession of any item not on the list of permitted terns.

Stealing or embezzlement of property, obtaining property by fraud, or
receiving any such property.

‘Throwing or tossing any object.

Unauthorized use of telephones.

Attempted violation of any B Rut
Multiple and/or persistent Minor Violations.
Violation of any published Major (B) Rules.

‘Major Rule Violations include all violations ofjail rules and regulations listed as major or
serious therefore, Serious Rule Violations can be handled as Major Rule Violations.

29


 WOV-30-2017 THU 10:19 Al P08

charges and who have been confined for at least thirty
‘@ays shall be released.

8. All unsentenced no: iolént felons confined in the
jail or “brought “to” the” jail “by “any arresting. or
confining agency shall be wreléased ion their or
recognizance. ~ “

In the event, that. the .aboye.steps.da~ es. the inmate

population «<«to:sappropriate. eyels either in the entire jail
population or within specific classifications or specific jail

areas, the Jail Administrator or Sheriff.may..authorize, release of

such other inmates, not included in the above-listed priorities,
to accomplish such required population levels.

Prior to the release of any inmates in a felony status,
permission must be seoured from the Sheriff, the dail
»ASministrator or the tracking officer.

In the event the general population remains below 361, but a
specific classification or group of inmates within the population
rwaches a level that precludes appropriate housing, the reléase
nechanism may be implemented if necessary until an adequate
number of beds can be allocated or reclassified to appropriately
accommodate inmates affected in those classifications or groups.

‘Overflow housing will only be -pexmitted in the event of an

éney which must be déoitented and “approved by the Sheriff or
Jail Administrator. Overflow housing will be permitted in the
basement bullpen for a maximum of)seventy-two (72) holrs and will
net, i exceed. twelve (#2). inmetes at any one time. Inmates so
housed will be moved into the population of the jail as soon as
space is availeble, as a first priority, before the moving of any

other inmates into housing units. An "“Emergency"..is defined for



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Hon. Steven K. Dankof

From: gjis@mcohio.org
Sent: Thursday, July 5, 2018 8:20 AM
To: Hon. Dennis J. Adkins; josephr@mcohio.org; carl.henderson@daytonohio.gov;

check@vandaliaohio.org; christopher.roberts@daytonohio.gov; Chuck Crosby; Hon.
Steven K. Dankof; James Dare; deirdre.logan@daytonohio.gov; Judy Dodge; Dan Foley;
frederick.dressel@ketteringoh.org; Hon. Barbara P. Gorman; Matt Haines; James A.
Hensley; Kim Holbrook; Jim Long; katie. mendez@daytonohio.gov; Hon. Michael W.
Krumholtz; Hon. Dennis J, Langer; langosb@mcohiosheriff.org; Debbie Lieberman; Mary
Kay Stirling; Mia Wortham Spells; Timothy Nolan; James D. Piergies; Phil Plummer;
quinn@oakwood.oh.us; richard.bieh!@cityofdayton.org; Adele Riley;
robert.rettich@cityofmiamisburg.com; Judy Sealey; Hon. Gregory F. Singer;
sonya.eggleton@daytonohio.gov; Stephanie.Cook@daytonohio.gov; Rob Streck; Greg |
Sunshein; John Theobald; Michael Tucker; parksj@mcohio.org; Joseph Tuss; Jim
Vangrov; Hon. Mary Wiseman; Uchenna Youngblood; Mark Willis; Julie Stephens

Cc: Joe Spitler; Bart Kincaid -
Subject: JusticeWeb: MONT-JAIL Population By Court and Primary Charge
Attachments: Jail Population By Court and Primary Charge Degree.pdf

There are currently 845 inmates. Please see attachment for breakdown by court and primary charge degree.

EXHIBIT

°

”
‘tabbies:


12.

13.

4

2

9.

s

* Referrals made by health care staff

Self Initiated Non-Emergency Requests that Require a Co-Payment:

*Paramedic/Nurse Sick Call $4.00.

* Physician Sick Call $6.00
* Dental Clinic $6.00
* Pharmacy Handling Fee $4.00

You will always be advised of co-payment charges BEFORE services are given to you. It
will be necessary for you to sign a charge sheet stating that you understand that there is a
charge for service.

Co-Payment charges are deducted from your commissary account only AFTER you are
given medical care.

. you do not have enough money in your account, a negative balance will be placed on

your account and that amount will be deducted should there be any deposits made during
your stay in jail

Atno time will any inmate be denied health care based on his/her inability to pay.

}. You retain the right to refuse health care and there will be no co-payment charge should you

cancel a sick call appointment. You also retain the right to use the grievance process to
resolve issues that you have been unable to resolve directly with the health care staff.

‘The health care staff conducts sick call 7 days of the week. You will be evaluated at sick
call as soon as possible but the order in which the health care staff sees patients is based
‘on the severity of the problem and not in the order in which the request form is received.

Ifyour medical problem requires the services of a specialist, the health care staff will make
arrangements for you to be escorted to the appointment. The health care staff will let you
know that an appointment has been made but will not let you know the date or time of the
appointment. If you are getting released before you go to the appointment, let an officer
know that you have an appointment and that you need to get the date and time from the
health care staff before you leave the jail. Should you forget to ask the officer to get the
appointment date and time before you leave you should call (937) 496-4160 and ask to
speak to the health care staff to get the information. :

tf you take prescription medication, the health care staff will call your doctor to verify the
prescription(s). One the prescriptions are verified, the medications will be ordered and then '
delivered to you during medication rounds at a time that has been approved by the jait
physician, is a $4.00 Co-Pay for each prescriptic month that

take the medication. This fee is a processing fee and will be charged even ff the health care

staff uses medications that you brought into the jail with you or had friends or family drop off ¢

at the jail for you.

You are to take the medication at the time that the health care staff gives it to you unless
instructed to do otherwise. If you do not take the medication as instructed the physician
may take you off of the medication. If you do not wish to take medication on a particular day
you must tell the health care staff that you do not wish to take it and give them a reason why
you do not wish to take it at that time. If medication that you were to have taken is found

22

2

23.

25.

26.

during cell searches, the medication will be confiscated and a report will go to the physician
for review and you may be taken off the medication.

. Some non-prescription over-the-counter medications such as generic Tylenol and Motrin

are available for purchase through the commissary. You are asked to order commissary
medical items on your scheduled commissary day and plan ahead; however, on occasion,
you may have a need for Tylenol or Motrin. You can put in a commissary slip for those
items any day of the week. Requests for these medications will be processed as soon as
possible (within 24 hours Monday through Thursday and within 72 hours Friday through
Sunday).

Ifyou have no money in your commissary account and are in need of Tylenol or Motrin, you
lit a request form in order to receive a limited supply for the month. (If you have

il for two or more weeks, your request for the limited supply of free Tylenol or
Motrin will only be processed if you have not had money in your commissary account for the
previous two weeks.)

Personal tennis shoes will not be authorized by the health care staff unless it can be verified
that you are currently being treated by a physician for foot, ankle, or knee problems, you
have an obvious birth defect involving the legs, or you have had recent surgery on one or
both of your legs or for any medical reason or authorized by healthcare staff.

. Ifyou wish to be evaluated by your private physician you must fill out a request form so that

the health care staff can make arrangements. In order to have a private physician come
into the jail to evaluate your medical concern, the following guidelines must be met:

a. You must provide the name, address and phone number of the physician so that
the health care staff can verify.

b. You make the necessary financial arrangements with the physician because you
will be responsible for all costs associated with the physicians’ visit.

c. The jail health care staff will schedule the appointment and an examination room
will be made available to the physician.

d. All treatments, medication orders, and follow up visits will be subject to
authorization by the Director of Medical Services and the jail Physician.

Ifthe health care staff authorize special medical appliances (le. crutches, cane, braces)
they will give you the yellow copy of the Special Issue Authorization form. You must keep
this form with you at all times in order to keep your special issue item. Should you loose
your copy of the form you must submit a request form letting the health care staff know you
lost it. Any corrections officers can take any special issue item from you if you cannot show
your copy of the form.

Making false medical ctaims are subject to disciplinary action, following an assessment of
your claim by a member of the health care staff.

Dental

. Dental care is provided at the jail. If you have a painful dental condition you must fill out a

*Medical "Mental Health "Dental request form. DO NOT fill out more than one request form
for the same dental problem unless the dentist has already seen you and you are in need of
follow-up care. Duplicate request forms for the same dental problem can result in
disciplinary action.

23


2. Youmay take a shower anytime, except from ten (10) minutes before visitation periods,
during visiting periods, lockdown and during meals.

3. Youmay not talk to another inmate who is receiving a visit or attempt to communicate with
the visitors.

4. You may not talk or attempt to communicate with another inmate who is in his room, the
sub-day room, the professional visiting room, or mul-usé room.

5. Youare responsible to maintain personal items stored on your shelf and desk in a neat and
organized manner.

6. You may watch TV, use the phone and participate in recreation only after the pod/dorm is
clean. Outdoor recreation times are at the officer's discretion.

7. You must keep your room door closed at all times.
8. The housing unit officer regulates the TVs volume and channel selection.
9. Shouting and yelling by inmates is prohibited.

10. Mailis passed out Monday through Friday by 8:00 p.m. and picked up throughout the day.

. You must have the common area clean and orderly prior to and following all meal times.

12. The health care staff visits the pod three (8) times daily, usually between the hours of 6:30
‘am. to 6:30 a.m., 10:00 a.m. to 11:00 a.m. and 4:00 p.m.to 5:00 p.m. You may not
approach a health care staff member unless he/she called for you or gave permission for
you to do so.

43. You may not approach the commissary vendor unless he/she has called your name or gave
permission for you to do so.

44. You will be directed when to retrieve your meal. You may not approach the meal carts until
you are called. Then, retum to your table to eat. Eating is not permissible in your cell or in
any area other than ata table,

15. You may press the red mushroom shaped button located in the pod common area, only
when a life/safety situation exists. Misuse of this button is a Serious Rule Violation.

16. You are expected to proceed directly to your cell room if any disturbance/fight occurs in the
pod. Failure to do so will result in your being considered a part of the problem.

17. The orange line on the upper level walkway of the pod is a safety waming line. You are to
Ik between it and the rail, so that you are clear of the door if someone comes out of their

18. Night lockdown time will normally be at 11 p.m., including weekends and holidays.

34

i
|
|
I

Call the Public Defender Office free
Between 8:30am to 4:30pm Monday through Friday

937-225-4652

35


is.

. You are required to observe the colored flo

. Fire safety begins with personal sanitation and housekeepint

}. Sexual misconduct or harassment to an ir

escort you are expected to proceed in an orderly manner with your right shoulder to the right
wall of the corridor directly to your destination. You are not allowed to talk with any other
inmate. You may talk with a staff member only if he addresses you first.

}._ When you arrive at your destination, itis your responsibility to immediately inform the

designated staff member of your arrival.

: 3 in and out of your housing unit,
remembering that you never cross a red line and you may cross a yellow line only after
receiving staff permission. Other lines exist to aid you in movement and will be explained to
you as needed.

. Do not communicate with people in other housing units or with inmate workers. Do not

stand at housing doors or windows.
Use of Force

The staff members use only the amount of force that is reasonable to protect an individual
from injury, to prevent escapes or to enforce orders or regulations.

Fire Safety and Emergency Evacuation

2 : tation on the type and
quantity of combustible materials you may possess in your cell is explained in the ”
"Permitted Items" section of this handbook. You may not smoke in any area of the jail.

._ Fire drills are to be treated as if an actual fire exists. Fire evacuation safety measures are

posted on each housing units information board. You should know
posted on each he Qu shoul them for your safety

. Inthe event of a real fire or other emergency, it may be necessary to evacuate inmates to

another area of the jail, or out of the facility. Carefully listen to and follow the instructi
your housing unit officer, work assignment supervisor, or other staff, member. ions of

PREA- Prison Rape Elimination Act, Sexual Assault, Misconduct, or Harassment

|. Itis the policy of the Montgomery County Sheriff's Office to provide a safe, humane and

secure environment, free from the threat of sexual misconduct forall inmates. In
accordance with the Prison Rape Elimination Act of 2003 (PREA), the Montgomery County
Sheriff's Office will maintain a program of prevention, detection, response, investigation and
tracking. The Sheriff's Office maintains a zero tolerance for sexual misconduct in the Jail
‘Sexual misconduct among inmates and by staff towards inmates is strictly prohibited.

. An inmate may report sexual misconduct to any employee. Jail staff will accept reports.

made verbally, in writing, anonymously, and from third parties.

Itis a crime for a staff member to have sexual contact or relationships wi

1 2 . ips with an inmate. An

inmate having knowledge of sexual involvement between a staff member and inmate is .
mation to any jail staff member, includi ini

Teport is information to any including the Jail Administrator or the

s ssn late, staff member, volunteer, or contract
Personnel is subject to administrative disciplinary penalties and/or criminal charges.

26

M1.

5. Do not accept food, cigarettes, clothing or other items from other inmates; do not go into
debt in any manner. You may be expected to repay these debts with sex. Beware of
inmates who say that they will protect you.

6. Immediately report all incidents of sexually oriented advances from other inmates to a staff
member. If you do not feel your report was taken seriously, report it again to any other staff
member you feel comfortable reporting it to.

7. Ifyou are sexually assaulted, immediately report it toa staff member. Do not clean yourself,
brush your teeth, wash your dlothes.or do anything else that could destroy evidence of the
assault, The sooner you report the assault the better the chances evidence can be
obtained that will help prove the assaull

8. You may also report any sexual assault that occurred inside the jail through the inmate
phone system by pressing (8) to get the PREA line. ‘Ths line is an anonymous fine and all
Complaints will be investigated to their fullest potential. If you request a personal follow-up
to your complaint, you will need to leave your ful name and booking 1D number at the end
ofyour message. Your complaint will be followed up as soon as possible and completed in
a discreet manner.

9. When a sexual assaul ported you will be medically checked. ifthe assault has
occurred recently you will be transported to a hospital. At the hospital you will be examined
for injuries and evidence collected. Evidence may include hair, saliva, semen, or clothing
fibers.

40. Victims of sexual assault may experience physical and emotional symptoms. Report any
concems to medical or mental health services.

14. Inmates may privately or anonymously report sexual abuse or sexual harassment to the
Vietim /Witness Division. The Victim / Witness Division can be reached 24 hours a day at

Vietim / Witness Division

P.O. Box 972

Dayton, Ohio 45422

(837) 225-5623 or in writing at :

les goveming privacy, confidentiality, and / or privilege applying to

42, Mandatory reportin
1 abuse and sexual harassment made to victim advocates are

disclosures of

applicable, including and limits of confidentiality under relevant federal, state, and local laws.

RULES, DISCIPLINE, AND GRIEVANCE
Rules, Violations and Sanctions (Penalties)

4, You have the right to know what behavior is expected of you and the penalties for
misbehavior. You are subject to disciplinary action for violation of any rule, regulation, or
procedure contained in this booktet, as well as any acts that may violate local, state, or
federal law. If, by breaking a rule you also commit a crime, you may face criminal charges
in addition to any disciplinary action you may receive within the detention facility.

2. Youre to show respect for property of others and the jail. Do not ii the chairs or put
your feet on the furniture or walls. Criminal charges may be brought against anyone
Sefacing or destroying county property. You may be financially responsible for any property
you alter, deface, or destroy.

3, There are three (3) types of rule violations, each with a minimum and maximum penalty.

27


HV9IZU18 ‘County Jal oid to mx serious stating, overcrowaing issues ~ Layton Lally News:

County jail told to fix serious
staffing, overcrowding issues

Montgomery County site’s high turnover also
contributes to concern. —
By Bailey Galllon Staff Writer 1 <e
ONLY IN THE DAYTON DAILY NEWS =

Independent consultants described serious staffing problems at the Montgomery
County Jail to an advisory group Tuesday.

Brad Sassatelii and George Vose, consultants from CGL Companies, based their
findings on interviews with staff, a tour of the facilities and jail records. The
Montgomery County Jail Justice Advisory Committee, which was formed in March
2017 in response to several civil rights lawsuits, hired the consultants to find ways to
prevent future mistreatment claims.

At the same time that funding and staffing at the jail have decreased, populations
have increased, members of the committee said. The jail now operates at a higher
capacity than it was built to house. Pods designed to house 48 inmates now house
104. Areas designated for activities have been converted to housing, the consultants
said.

The layout of the jail makes it difficult for officers to properly supervise the inmates,
Sassatelii and Vose said in their presentation. The jail is made up of “a maze of walk
throughs” with narrow hallways and sudden turns where inmates could surprise
officers.

“It’s one of the few areas I’ve been in, out of hundreds of jails and prisons I’ve been in
over the years, where | felt unsafe,” Sassatelli said.

Some cells are arranged in a linear format, limiting the visibility of inmates to officers.

http://epaper.daytondallynews.com/popovers/dynamic_article_popover.aspx?artguid=19a355c8-bad2-4457-984e-4cab59e12046&utm_source=app.pa... 1/3


. You may accept or decline to eat any food served, but you are not permitted to take or steal

food belonging to someone else. You are required to be in the eating area even ‘though you
do not wish to eat. You may not save seats.

; You must retum all cups passed out at mealtime. Alll cells in your housing unit will be

searched if all cups are not retumed.

You are not allowed to hoard or store any food, except your commissary snacks and health

care staff approved items. If you do not eat what is served, the uneaten portions are to
remain on the tray. Uneaten food discovered in your cell is confiscated and disposed of.

. No cooking or reheating of food is permitted.

Personal Hygiene

. You are expected to shower at least three (3) times 4 week in order to maintain an

acceptable level of personal hygiene. Hot showers are offered daily.

. Razors and nail clippers are passed out by staff on a daily basis between 5:00 a.m. and

6:00 a.m., and must be returned when any staff member asks for their retum.

. Your uniform and linens are exchanged according to the laundry schedule posted in your

housing unit. Blankets are exchanged once a month according the laundry schedule. You
are expected to participate in each laundry exchange. If you do not change soiled items
when the laundry exchange is announced in your area, you may have to wait until the next
scheduled laundry exchange.

You have the opportunity to have your personal undergarments (-shirt, socks, underwear)

laundered twice a week during uniform exchange. To participate, ask your housing unit
officer and/or laundry coordinator during the uniform exchange. You may not make any
other requests during laundry exchange. Attempted distraction of the officer is considered
disruption of the housing area. The Montgomery County Jail is not responsible for lost
or stolen undergarments.

. you need personal hygiene items, such as a toilet paper, ask your housing unit officer.

‘You may purchase additional hygiene items through the commissary.

Commissary

At the time of your initial incarceration, any money you came in with is automatically placed

in an account, in your name, to purchase commissary. Family and fiends may make
deposits into your commissary account by using the kiosk inside the jail lobby. The kiosk
accepts Visa, MasterCard and cash. Personal checks and money orders are not
accepted.

. You may purchase an unlimited quantity of paper, stamped envelopes, pencils and phone

cards. The amount of items cannot exceed $100.00 per week from the approved
commissary list. .

|. You may purchase only personal hygiene and correspondence items if your commissary

privilege has been restricted, as a result of violating a rule.

. Before your commissary orders filled, your account is checked to make sure you have the

funds to buy what was ordered. Ifyou don't have enough money in your account, your
order is adjusted at the discretion of the commissary vendor.

16

. After you are incarcerated for two weeks and have less than $1.00 in your commissary

account, you will be considered indigent and may receive a Welfare Kit. You may order a
welfare kit every fourteen (14) days you are considered indigent. You must write "Welfare”
on your order form.

A Welfare Kit consists of:

‘One (1) toothbrush

One (1) tube of toothpaste
One (1) bar of soap

One (1) razor

Four (4) stamped envelopes
One (1) writing tablet

One (1) pencil

‘One (1) comb

‘You may not transfer funds to another inmate's account.

‘When you receive your commissary, the amount of money in your account is noted on the
bottom of the retumed commissary sheet. The Montgomery County Jail is not responsible
for lost or stolen commissary items.

Make sure you have received the correct items when your commissary is delivered. No
adjustments will be made after you sign the commissary receipt.

To make a commissary order, pick up the phone and press 1 for English or 2 for Spanish.
‘You will be asked to enter your personal identification number. This is your booking number
plus the last four digits of your social security number. The dash in your booking number
needs to be entered as a “0” in the phone system (Example: if your booking number is 12-
1234 and last four of your SSN is 6789, your PIN is 12012346789.) Follow the prompts on
the phone, press 9 to place @ commissary order. Refer to the Commissary Order Sheets
posted by the phones when placing your order.

Money

‘Only cash in your possession when you were booked in or money orders are placed into
your commissary account for use in purchasing commissary items. Personal checks,
payroll checks, etc. are placed with your property and cannot be used for commissary or
posting of bond, etc.

Visa, MasterCard and cash are accepted at the kiosks inside the
family and friends can place funds on your commissary account.

bby at any time so

‘You may release money to anyone who is not currently in the jail. If you desire to release
your money, you must release all your money, not just part of it. The entire balance of your
funds will be placed on a pre-paid MasterCard and given to the person signing for your
property.

Ifyou choose to release your commissary money, you will have to release the entire
amount. You can only release your money (2) twice.

You cannot transfer money to another inmate.

Haircuts

17


M. Rules, Di

K. Health

K1. Medical Services and Medications
K2. Dental
K3. Mental Health

L. Seourity and Safety

L1. Lockdown and Safety

12. Counts

L3. Contraband

LA. Security Inspections

L5. Searches

6. Movernent

L7. Use of Force

8, Fire Safety and Emergency Evacuation

9. Sexual Assault, Misconduct, or Harassment

M1. Rules, Violations and Sanctions
M2. Due Process (Disciplinary Hearings)
M3. Complaints

M4. Grievances

MB. Pod Rules

20

24

27

1

A INTRODUCTION

‘The primary goal of the Montgomery County Jail is to provide a safe and secure environment that
itive inmate behavior. Through fair, impartial and humane treatment of all individuals
this goal is fealized.

incarcerated in the.

‘The operation of the Montgomery County Jail is guided by the "Direct Supervision” concepts of
correctional facility management. Through these concepts, the jail structures the environment to
provide a positive behavior management system to meet critical needs.

‘The Sheriff has charge of the Montgomery County Jail and has appointed a Jail Administrator who is
responsible for the daily operations of the facility.

‘The operation of the jail is govemed by the laws of the State of Ohio, standards set forth by the Ohio
jon and Corrections, and the rules and regulations established by the

Our responsibility is to ensure your basic needs are met, your basic rights are protected, your safety
as well as the safety of our staffis maintained, and the needs of our community are met. ,

‘The jal staff believes your behavior will be positive, cooperative and rational, During your stay, you
are responsible for following all rules and regulations of the jail, he directions, and instructions of all
staff members.

‘Some of the regulations may seem too restrictive to you; however, they are necessary to ensure a
‘safe, secure and consistent environment. Your cooperative behavior will preserve your privileges.
Negative choices will result in loss of privileges, disciplinary sanctions (or penalties), and possibly
criminal charges.

This handbook is your guide to the operation of the jail and to our expectations of you. Read this
handbook thoroughly; because you are expected to know and follow the rules and regul
contained in it. Ifyou do not understand something, ask your housing unit officer for hel
this handbook in good condition during your stay at the Montgomery County Jail, Do not write in or
onit.

Changes in procedures, rules or regulations occur in an effort to better the jail and its' operation.
These changes benefit you as well as the staff. You should expect change and be prepared to
acceptit. You will be notified of any significant change as soon as possible.

THIS HANDBOOK IS PROPE! OF THE MONTGOMI COUNTY SHERIFF'S OFFICE. IT
MUST BE RETURNED TO ANY JAIL STAFF MEMBER UPON REQUEST, OR TO THE
HOUSING UNIT OFFICER AT THE TIME OF RELEASE FR~"* THE FACILITY.

HOUSING UNIT OFFICER AT THE TIME OF RELEASE FF

_agnment may be held in the jail video courtroom.
.n video arraignment, a judge will advise you of your pending

£

ent, a courtroom, or in a temporary holding cell, you are

pliance with the Inmate Handbook rules. You may not have

itact with spectators in the courtroom; including family members,
family members or friends. Gestures of any kind are prohibited.
‘fh, you are not permitted to communicate with other inmates.

not always possible. Any inappropriate behavior may be
‘plinary rules, sanctions, and procedures.



Hon. Steven K. Dankof

el

From:
Sent:
To:

Ce:
Subject:
Attachments:

gis@mcohio.org

Tuesday, July 3, 2018 8:20 AM

Hon. Dennis J. Adkins; josephr@mcohio.org; carl.henderson@daytonohio.gov;
check@vandaliaohio.org; christopher.roberts@daytonohio.gov; Chuck Crosby; Hon.
Steven K. Dankof; James Dare; deirdre.logan@daytonohio.gov; Judy Dodge; Dan Foley;
frederick.dressel@ketteringoh.org; Hon. Barbara P, Gorman; Matt Haines; James A.
Hensley; Kim Holbrook; Jim Long; katie.mendez@daytonohio.gov; Hon. Michael W.
Krumholtz; Hon. Dennis J. Langer; langosb@mcohiosheriff.org; Debbie Lieberman; Mary
Kay Stirling; Mia Wortham Spells; Timothy Nolan; James D. Piergies; Phil Plummer;
quinn@oakwood.oh.us; richard. bieh|@cityofdayton.org; Adele Riley;
robert.rettich@cityofmiamisburg.com; Judy Sealey; Hon. Gregory F. Singer;
sonya.eggleton@daytonohio.gov; Stephanie.Cook@daytonohio.gov; Rob Streck; Greg
Sunshein; John Theobald; Michael Tucker; parksj@mcohio.org; Joseph Tuss; Jim
Vangrov; Hon. Mary Wiseman; Uchenna Youngblood; Mark Willis; Julie Stephens

Joe Spitler; Bart Kincaid

JusticeWeb: MONT-JAIL Population By Court and Primary Charge

Jail Population By Court and Primary Charge Degree.pdf

There are currently 826 inmates. Please see attachment for breakdown by court and primary charge degree.

EXHIBIT



_ : ff
( (
Comments: On the day of the inspection, the single, double and quadruple bunked cells were found to lack the required
square footage. Jall officials should reduce the population to the Bureau Recommended Capacity.

5120:1-8-04 (A) (2) Housing Cells: (b) (Important) One hundred square feet with seven feet least dimension for double
occupancy, stacked bunks, one hundred ten square feet with nine feet least dimension for double occupancy, single
bunks.

Comments: On the day of the inspection, the single, double and quadruple bunked cells were found to lack the required
square footage, Jail officials should reduce the population to the Bureau Recommended Capacity.

5120:1-8-04 (A) (2) Housing Cells: (d) (Important) One hundred eighty square feet with nine feet least dimension for
quadruple occupancy, two stacked bunks, two hundred fifteen square feet with twelve feet least dimension for
quadruple occupancy, single bunks,

Comments: On the day of the inspection, the single, double and quadruple bunked cells were found fo lack the required
square footage. Jail officials should reduce the population to the Bureau Recommended Capacity.

5120:1-8-04 (A) (3) Dormitory Sleeping Space: (a) (Important) Fifty square feet per occupant , except forty-eight square
fest in jails constructed prior to 1983, wherein the formula shall be based upon the requirements of paragraph (A)(2)(a)
of rule 5120:1-8-04 of the Administrative Code.

Comments: On the day of the inspection, according to the measurements provided by the facility, the dormitory areas
were found to lack the required squire foatage. Jail officials should reduce the inmate population to the Bureau
Recommended Capacity.

5120:1-8-04 (1) (Important) Noise levels shall not exceed seventy decibels in daytime ‘and forty-five decibels at night.
Noise levels shall be documented using a sound level meter set to the A-scale (decibels.)

Comments: On the day of the Inspection the documentation provided by the jail showed noise levels could only be
reduced to fifty decibels (50 db) at night, Jail officials should reduce noise levels so they do not exceed forty-five
decibels (45 db) at night.

5120:1-8-05 (G): The Jail shall maintain documentation that the following standards are met with regard to interior
lighting: G3): (Important) Lighting in inmate sleeping areas shall be reducible to between two and four foot-candles,
measured thirty inches above the floor,

Comments: On the day of the inspection the documentation provided by the jall showed lighting levels during night time
hours were being reduced below two (2) foat-candles in the sleeping areas. Jail officials should keep lighting in inmate
sleeping areas reduced to between two and four foot-candles, measured thirty inches above the floor,

The Montgomery County Jail is in compliance with 100% of the Essential Standards and at least 90% of the Important
Standards meeting the requirements of a "Compliant Jail”. It should be noted however; the Jail did not comply with 6 of
the Important Standards upon which the facility was inspected. This letter is intended to serve as a basis for
developing plans of action for bringing the facility back into compliance with the remaining deficiencies noted during the

inspection.

The Bureau of Adult Detention encourages the Jail to correct the remaining deficiencies noted in the inspection report
prior to the next annual jail inspection. Plan of Action forms are enclosed and can be submitted through the Ohio Jail
Management System (OHJMS) at www.OHJMS.Intelligrants.com. Feel free fo contact the Bureau if you need
assistance or clarification in this effort. The Bureau remains available to discuss the aspects of this report and to
provide reference materials or assistance as desired.

Operation Support Center - 770 W. Broad Street - Columbus, Ohio 43222
www.dre.chio.gov


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4. Inmates in need of hair cutting services must complete a Jail Request Form and submit it to
the housing unit officer.

2. inmates who volunteer their service perform all haircuts.

3. Gang related styles, designs, symbols, or anything of an extreme nature will not be
permitted.

Inmate Identification Armbands

‘You are issued an armband when you are booked in. Itis your responsibility to wear it at all
times: Inmates who do not wear their armbands do not receive mail, commissary, visitation
or other privileges. Immediately notify your housing unit officer if your armband becomes
faded or wom.

INMATE PROGRAMS
Only items authorized by the program staff is allowed to be taken to programs.
Religious Services

4. Church services are conducted on a weekly basis. Days and times are determined by the
Program Coordinator/Chaplain. These services are conducted by volunteers from the
Miami Valley area.

a Inmates in floor/linear housing wanting to attend church services should complete a
Jail Request Form and submit it to the housing unit officer. Your name will be
placed on a [ist of inmates interested in attending church services. All other church
services are held in the pod and dorm housing units.

b. _ Inmates who pose a security risk, have a keep separate or have a serious health
concem are not permitted to attend religious services. However, you may have the
‘opportunity to meet with a clergy volunteer, on an individual basis, by completing a
Jail Request Form and submitting itto your housing unit officer.

Recreation

1. You are encouraged to participate in regular physical activity, whenever possible, in order to
maintain your health, reduce stress and improve your mental outlook. Every week you are
given the opportunity to voluntarily participate in outdoor recreation.

2. Inaddition to outdoor recreation, television watching, cards and games are permitted as
leisure time activities in your housing unit. Ask your housing unit officer about television
rules and about the availability of cards and games in your unit, as those materials are
available.

3. You may not exercise in the direct supervision day room areas, or use any fumiture,
clothing, linens, or equipment in the housing area for exercise unless approved.

4. Yourrecreation privileges may be temporarily restricted as part of sanctions imposed on
you for a rule violation.

5. Ifwe believe you pose a risk to the security or safety of the jail staff or other inmates, you
may be denied recreational opportunities.

18

J3.

J4.

J5.

J6.

JT.

Library Services

4. Your housing unit officer can explain to you the schédule and process for borrowing books
for leisure reading through the inmate library service. .

2. Ifyou need legal materials, complete and submit a Jail Request Form to the recreation staff
and they will provide you with available legal material. You can also obtain legal materials
through your attomey.

3. Inmates in Special Management or Disciplinary Detention units have a right to obtain legal
materials only, and can do so by completing and submitting a Jail Request Form to the
recreation staff.

Interpreter Services

‘The housing unit officer for those inmates who request and need them arranges interpreter
services.

Education/Substance Abuse/Counseling Programs:

4. Various educational, substance abuse and counseling programs are available to eligible
inmates. You may wish to paiticipate in educational classes ranging from literacy to high
school equivalency, substance abuse, or counseling programs such as Alcoholics
Anonymous or training in finding a job.

2. You may ask your housing unit officer about available programs.

3. You may make an application to a program by completing a Jail Request Form and giving it
to you housing unit officer. He forwards it promptly to the programs coordinator for
evaluation and scheduling for the requested program.

4. You ate notified in writing whether or not you have been accepted to participate in the
program you requested.

Inmate Worker Program

1. You may request to be considered for the Inmate Worker Program by checking the
appropriate box on a Jail Request Form. Complete and retum the request form to your
housing unit officer. The request form is forwarded to the inmate worker coordinator.

2. You may be chosen as an inmate worker if you are qualified. You are notified in waiting or in
person when you are accepted to the program.

3. Following all rules and regulations of the facility, as well as those specifically for inmate
workers, ensures that you maintain your acceptance in the Inmate Worker Program.

4, When you chose to disregard jail rules or regulations, any staff member may recommend
your removal from the Inmate Worker Program as part of disciplinary action taken against
you.

Release Programs
Inmates wishing information on the variety of social services available after release

should submit a request form to the programs director. Social Services: Job training,
Shelters, Clothing and Food.

19


|
|

Montgomery County fail
Table of Contents Page #t
A Inlroduetion 1
B, Mission Statement . 2
. Rights and Responstbitles 2
Ct. Inmate Rights !
62. Expected inmate Behavior a
C2. Jail Management
D, Legal CounseVBall 3
D1. Court
D2, Legal Counsel
D3. Consular Officials and Department of Homeland Security .
‘D4, BailBonds
. Classificalion 5
F. Housing 6

F, Housing Unit Schedules

F2. Permitted Items

F3, Smoking Policy . »
F4, Dally Cleaning

G. Inmate PropertyiClothing 9
Gt. Property and clothing storage
G2. Inmate Clothing

H, Communteation 40
H1, Incoming Mall
H2. Outgoing Mall
3. Call Intercom Call Buttons
H4. Telephone Calls
HS, Visiting .
H6, Media Contact

|, General Services 15
Meals
12, Personal Hygiene
13. Commissary
14, Money
16, Haircuts
6. Armbands

J.tnmate Programs
1, Religious Services

“32. Recreation jin a temporary holding cell, you are
48. Library Services te Handbook rules, You may not have
44, Interpreter Services vin the courtroom; including family members,

(J5. Education/Substance Abuse/Cour abit
fiends. Gestures of any kind are prohibited,
46. Inmate Worker Programs ited to communicate with other inmates,
ys possible. Any inappropriate behavior may be
blinary rules, sanctions, and procedures.

EXHIBIT

2



1.

3.

You may be penalized by a loss of privileges, and certain qualified rights, for up to 120
hours (6 days) for each major violation committed, as well as placement in the disciplinary
detention unit. (Refer back to b. of this topic for details.)

c Minor (C) Rule Viol
the security of the
considered Minor (C) Rule Violations and include, but are not limited to:

Disrespect to an inmate or visitor

Entering the cell of another without staff permission
‘Seductive or obscene acts

Excessive loud noise, such as tuming up volume on TV, or shouting from
windows or outdoor recreation areas

Failure to properly wear your uniform

Faking or pretending illness

Horseplay

Loud talking or unnecessary noise after lockdown
Manufacturing of any item that can be considered contraband
Movement into an unauthorized area

Standing or loitering on the Pod upper level walkways

C12 Violation of visiting or mail rules

QIVVVIQBR LaIRe

“C13 Carelessness with property, such as spoons, cups, mops, buckets,
supplies, ete.
C14 Attempted (C) Rule Violations
C15 Violation of published (C) Rules
16 Any Major (B) Violation considered minor by staff due to uncommon

circumstances.

You may receive a verbal reprimand and loss of privileges, such as commissary, television,
telephone, and leisure time activities (games) for up to 48 hours for Minor Rule Violations.

Due Process - Disciplinary Hearings

Whenever any staff member believes you violated a facility rule, regulation, or procedure,
that person submits a report of the incident to his supervisor for review.

ifthe ‘supervisor determines a verbal reprimand is sufficient discipline, the reprimand is
given and documented on the report. The report is placed in your file for future reference
‘should you later violate another rule, regulation, or procedure.

Ifthe supervisor determines the violation warrants more than a verbal reprimand, the report
and any comments or investigative notes are forwarded to the Jail Administrator or his
designee, for review.

If the review indicates the violation is Minor, Major or Serious you are notified, in writing.
a. The Serious (A), Major (B) or Minor (C) Violation Hearing Procedure is as follows:
1) _ Ifthe violation is classified as a Minor or Major Rule Violation, you have 24
hours after you receive notification that you have been charged with a
Minor or Major Rule Violation, to request a hearing. Your request must be
inwrifing.
2) Ifthe violation is classified as a Serious Rule Violation, you have the right

to a hearing, without making a formal request for one, unless you waive
(Give up) that ight, in writing.

30

3)

6)

8)

Anneutral officer appointed by the Jail Administrator or his designee
conducts a complete investigation of the accusation(s) against you to
determine if there is probable cause to believe you did commit a Serious,
Major or Minor Rule Violation. This investigation begins within 24 hours
after a determination has been made that the violation is Serious, Major or
Minor.

You receive the following information in writing:

«The specific rule(s), regulation(s), or procedures you are accused
of violating.

= Your accuser, unless we believe it is inadvisable to give you that
information.

«The date, time, and place where the violation allegedly occurred.

* The facts upon which the allegation is made.

You can be placed in Disciplinary Segregation prior to your hearing as a
result of the accusation. We will give you the above information within 48
hours after the investigation has begun.

Atthe hearing you have the following rights:

+ The tightto be heard.

«The right to present evidence.

«The right to cross-examine witnesses, subject to any limitations _
imposed by the hearing officer. Any imitations are given to you in
writing.

«The right to remain silent. Should you choose to say anything at
your hearing, your statements(s) may be used against you in any
criminal court proceedings.

«The right to request (by completing a Jail Request Form) the

assistance of a member of the jail staff or of another inmate, in
preparing your defense, as determined by the hearing officer. |
i

+ The sight to have at least 24 hours, after receiving the information
regarding your rights, to prepare for your hearing, unless you
walve (give up) those time limits, in writing.

Upon receipt of the request for a Rule Violation Hearing, the hearing wall be \
‘scheduled as soon as practicable. You will be advised within a reasonable |
period and with good cause, if there will be a postponement or continuance

of the Rule Violation Hearing.

“The hearing officer is of supervisory rank, appointed by the Jail
‘Administrator or his designee, and is impartial. He is responsible for
‘conducting the hearing in a consistent manner and for making a decision
based upon information available and presented. A refusal to testify may
be taken as an admission of guilt.

32


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NOV-30-2017 THU 10:20 Aa 012

aad

VIII. EQOD_ SERVICE

Defendants will provide three (3) “meals (per) day) to all

inmates. The food service supervisor will plan menus at least
thirty (30) days in ‘advance of service. All menus will be
reviewed obywe,,dieticlan,. as selected by ‘the food service
supervisor, for variety and nutritional value.

A written approval of the jail menus will be made by the

dietician and filed by the foodservice ‘super isor to become a

permanent part of food service records.

Defendants shall allow the Montgomery County Health District
to conduct an inspection of the food service program at any time.
“The food service supervisor will make a written request to the
.County Health Board of Health at least once yearly, requesting
‘that the food service operation be inspected.

Spécial. diats will be provided to those inmates who qualify
pased upon particular medical or religious needs. Inmates
requesting special or modified diets, due to medical problems,
will be referred to the medical staff to determine if a valid
medical need exists, Inmates requesting special or modified
diets due to religious convictions, will have their requests
forwarded to the Jail Administrator to determine the validity of
the demand.

rR. ‘DEBRA RY FACILITIES

Defendants will continue’ to ‘provide the books requestéd by

Plaintiffivend (presently “in place, as agreed upon

between ths parties to this litigation, updating them on an

annual basis. Nothing in this decree shall bind the Defendants

10



D2.

6.

_ Pretrial Services may reque:

The Montgomery County Sheriff's Office will not escort you to court appearances that
are not for Montgomery County's jurisdiction. If you have other court cases or
proceedings in other jurisdictions, itis your responsibility to make arrangements and
take the appropriate steps with that jur fo ensure your appearance. You may
write a letter, or have family/friends, or your attomey contact the jurisdiction's clerk of
courts of prosecutor's office to make arrangements.

determine whether you are
if you refuse to be interviewed, you will not qualify for pretrial release and your
bond will be set accordingly. The interview will be used to gather current information
about you in order to make a bond recommendation to the judge. Some questions you
will be asked are:

+ Whatis current address and phone number?

+ What family ties do you have to the area?

+ Are you employed?

+ Provide two (2) people who can verify your information.

When you are asked by the corrections officer to report to the Pretrial Services camera
for your interview, please do so in order for Pretrial Services to determine if you are
efor release.

Legal Counsel

You have the right to legal counsel regardless of your status or charge. If you cannot
arrange for the services of an attomey on your own, the court normally arranges for a public
defender or attomey to represent you, usually through a screening process. The attomey
will contact you after the court instructs them to do so.

.Attomey visits may occur as needed, usually between 8:00 a.m. and 10:00 p.m., in the

visitation rooms near your housing unit.
Consular and Department of Homeland Security

Inmates who are foreign nationals and would like to contact a consular official or the
Department of Homeland Security can make this request to their housing officer verbally or

. by completing a jail request form. Employees will assist you in making contact with

appropriate officials. :
BailBonds ,

.Yourhousing unit officer or attomey can answer your questions about how, when orif you

can post bail.

. Abond is your commitment to appear in court until a final disposition has been reached

in your case. If you miss any court appearances before your case has reached a final
disposition, a Failure to Appear (FTA) warrant may be issued for your arrest from the
courts, This is normally the case for every bond type. There are different types of
bonds that have differing requirements to be valid, Below are examples of the more
common bonds.

. This is basic information regarding bonds; there may be adc

Personal Recognizance (PR) Bond ~ Requires your signature. Ther
dollar amount on the bond the courts would hold you liable for-if you miss any
court appearances, in addition to the FTA warrant.

+ Cash Bond — Requires a specific dollar amount. If the money does not come
from your personal inmate account, the person who brings the money for the
bond has the option of specifying whether the money may only be returned to
‘them or if it may be retumed to you at the end of the case. If you miss any court
appearances, the money is forfeited to the courts, in addition to the FTA
warrant. You need to be aware the forfeited bond money normally does not
resolve your case and a warrant may still be issued for your arrest.

+ Property Bond ~ Requires real estate or stocks. To post a property bond you
must begin the process with the court clerk to know what is specifically required.
‘There are several steps to verify real estate value, amount owed, etc. Ifyou
miss any court appearances, a lien is placed against the property for the
specific amount on the bond until that amount is paid to the courts, in addition to
the FTA warrant

ial conditions, set forth
by the court, on your bond.

CLASSIFICATION

. Classification is the process which determines the housing unit you are assigned to while at

the Montgomery County Jail. The classification officer evaluates the following:

Your behavior and attitude toward staff and other inmates
Yourneeds

‘Your current and past charges.

Your level of security risk

Jail needs:

Your behavior during previous periods of confinement

inmates are never classified in order to segregate based on race, color, creed, religion, or
national origin.

You may request a change in your classification by completing a vail Request Form. You

must explain the reason for the change. The classification officer will consider the request.

If at any time you fee! threatened or concemed for your safety, talk to your housing unit
officer right away. Inmates with verifiable concems about their welfare may be moved to
another housing unit. For your protection, do not discuss your charges with other inmates.

Ifyou are a threat to others or are in danger ftom others, your classification may be
changed, and you may be moved to Administrative Segregation Housing.

. You may be placed on keep separate status when requested by facility staff, a law

enforcement agency or your actions with others.

. You are given privileges according to your classification status.

~The classification officer can move you anywhere within the facility. You may appeal a

classification change by requesting and completing a Jail Request Form.

|
|


B. MISSION STATEMENT

Itis the mission of the Montgomery County Jail to protect and serve the citizens of Montgomery
County by providing for the care, custody and control of legally incarcerated pre-trial detainees ina
safe and secure environment. The jail recognizes the importance of delivering basic human
services and strives to provide those detained with an opportunity for positive growth and change. It
is the intent of the jail to accomplish these goals fairly and equally in the most cost effective manner
possible. Furthermore, the jail believes that a professional, trained staff holds the key to an effective
detention operation and ensures the development of a progressive organization.

©. | RIGHTS AND RESPONSIBILITIES
Ct. Inmate Rights
4. - Arightis something to which you are entitled, generally determined by law. Your rights are

protected by law and cannot be taken away from you; however, it may become necessary
to'modify your rights to ensure the rights of

thing that is granted as a benefit, generally as a resuit of positive
aff may take away privileges, generally as a result of negative behavior.

3. You have the right to:

+ Adequate nutrition in accordance with established standards.
+ Adequate medical, dental and mental health care.
+» Reasonable visitation and telephone contact with your lawyer(s).

Reasonable access to available legal materials.
Mail comespondence with all persons and agencies; mail is inspected, but not
censored.

+ Freedom of Jus affiliations and voluntary worship.

+ Aclean and healthy environment.

= Recreation outside of your living quarters, if you so desire.

Information on rules, regulations, procedures and schedules that directly affect you.
Freedom from discrimination based on race, religion, national origin, sex, handicap
or political beliefs.

= Protection from personal abuse, corporal punishment, personal injury, property
damage or harassment. an

4. Allservices and activities not listed as rights are inmate privileges.

2. Expected Inmate Behavior

4..-Ye Srantin~ + smary County Jail offers you a series of choices.
respect and accomplishment, or negative

~ ivileges.

sre: Direction, Consistency and
> by it, and you can discover
‘ionsequences inevitably follow

our tights and treating you
you will:

mates and the safety and security of the jal

1
i
i

C3.

+ Followall rules and regulations

» Follow al staff directives and requests (If you disagree, follow the request anyway,
and then ask to see a supervisor to discuss your disagreement.)

* _ Respect ail property and the personal property of others

«Maintain your assigned cell and surrounding common area in a clean and orderly
way

* Maintain daily personal hygiene

+ Notuse loud, abusive or obscene language or threatening gestures toward any
other person in the jail

«Respect the privacy of others

‘© Communicate your needs

4. You are to conduct yourself in a respectful manner to all corrections officers and staff
members. Address all staff by their title and last name; if you don't know their name, ask
and try to rememierit. The staff will use and remember your name.

5. Yelling and/or whisting from any outdoor recreation area is not permitted and will result in
recreation being terminated.

Jail Management

4, The jail is managed and controlled by the Sheriff and his staff.

2. No inmate has the right or authority to assign work of any kind to any other inmate, nor to
have control over any other inmate. Kangaroo courts, sanitary courts, and any other inmate
organizations are forbidden.

LEGAL COUNSEL /BAIL
Court

4. You will be transported to court as deemed necessary by the courts. The housing
officer informs you if you are scheduled for court.

2. You are permitted to bring legal materials only pertaining to the case to court. You need
to inform the jail staff if you have any law materials you are taking to court. You may not
bring pencils, pens, combs, candy, or any other items with you to court.

3. You are not permitted to wear extra clothing when you are escorted to court (extra
shirt(s), pants, additional pairs of socks, etc.) You may be subject to disciplinary
procedures if you are found to have additional clothing on while being transported from
or to the fac e

4. Your initial court appearance/arraignment may be held in the jail video courtroom.
During your appearance in video arraignment, a judge will advise you of your pending
charges.

5. While in video arraignment, a courtroom, or in a temporary holding cell, you are
expected to be in compliance with the Inmate Handbook rules. You may not have
verbal or physical contact with spectators in the courtroom; including family members,
friends, or the victims’ family members or friends. Gestures of any kind are prohibited.

the courtroom, you are not permitted to communicate with other inmates.

Separation of co-defendants i ways possible. Any inappropriate behavior may be

dealt with in accordance with jail disciplinary rules, sanctions, and procedures.



“HOV-30-2017 THU 10:19 AM P, 008

aoe ) .)

This Consent Decree does not hinder nor limit, in any way,
the Montgomery County Court's powers to implement a pre-trial
release program in Montgomery County.

III. BLECURONIG HOME DETENTION: PROGRAM.

The Defendants shall implement an electronic home detention
program for the purpose of assisting in the reduction of jail
population levels. The Sheriff and Jail Administrator shall
develop eligibility..criteria and an operational policy for said
electronic home detention program.

Iv. INVERIM JATL PACTUTTY

Defendants represent to this Court that they are planning
the construction of an emergency interim holding facility to be

‘located on the grounds of’ ‘theDayton Human Rehabilitation Center
‘er ‘other suitable site. Defendants will utilize a fast-track
planning approval process provided by the Ohio Bureau of Adult
Detention Facilities an@ Services, to construct .a modular unit
style detention facility.

V. NEW JATL. ConsitNcrzow

Defendants represent to this Court that they are planning
the renovation and construction of the Montgomery County Combined
Jail so as to provide additional housing, programming and staff.
Defendants have selected and hired an architect who will provide
construction plans and assistance in the implementation of this
project. Defendants shall finance a study to aid in the
determination of the estimated number of beds that will be needed
in the new jail facility so that the architect can submit his

jail plans accordingly.



Hon. Steven K. Dankof

From: gis@mcohio.org
Sent: Monday, July 2, 2018 8:21 AM
To: Hon. Dennis J. Adkins; josephr@mcohio.org; carl.henderson@daytonohio.gov;

check@vandaliaohio.org; christopher.roberts@daytonohio.gov; Chuck Crosby; Hon.
Steven K. Dankof; James Dare; deirdre.logan@daytonohio.gov; Judy Dodge; Dan Foley;
frederick.dressel@ketteringoh.org; Hon, Barbara P. Gorman; Matt Haines; James A.
Hensley; Kim Holbrook; Jim Long; katie. mendez@daytonohio.gov; Hon. Michael W.
Krumholtz; Hon. Dennis J. Langer; langosb@mcohiosheriff.org; Debbie Lieberman; Mary
Kay Stirling; Mia Wortham Spells; Timothy Nolan; James D. Piergies; Phil Plummer;
quinn@oakwood.oh.us; richard.bieh|@cityofdayton.org; Adele Riley;
robert.rettich@cityofmiamisburg.com; Judy Sealey; Hon. Gregory F. Singer;
sonya.eggleton@daytonohio.gov; Stephanie.Cook@daytonohio.gov; Rob Streck; Greg
Sunshein; John Theobald; Michael Tucker; parksj@mcohio.org; Joseph Tuss; Jim
Vangrov; Hon. Mary Wiseman; Uchenna Youngblood; Mark Willis; Julie Stephens

Cc: Joe Spitler; Bart Kincaid
Subject: JusticeWeb: MONT-JAIL Population By Court and Primary Charge
Attachments: Jail Population By Court and Primary Charge Degree.pdf

There are currently 862 inmates. Please see attachment for breakdown by court and primary charge degree.



"Yov=30-2017 THU 10:20 AM >. 013
BS 5 ‘)

to guarantee that the books remain intact; their obligation is
solely to provide them for the use of the jail inmates, as they
have agreed to do during the course of this litigation.

x. OMPLIANCE IN REPORTIN

The Court hereby continues the appointment of Lawrence a.

Greger-as legal counsel for the Plaintiff class for the purpose

of reviewing the Defendants! compliance with the Order. Subject

to further order of the Court, this appointment shall continue

until months after = = the

renovated/constricted Montgomery ‘County Combined’ gail.
Plaintiff's counsel hereby agrees to monitor the Montgomery
County Combined Jail on a limited basis with inspections of not

‘more » than = twice

month unless | Plaintiff's ..couns. §
demonstraté Legitimate ‘probléms which require aaditional time for

dAvestigation. Plaintiff's counsel shall make said inspections

on the second and fourth Fridays of a given month. Plaintiff's
counsel shall charge no more than the court's previously ordered
hourly fee for such monitoring, and hereby agrees to use legal
assistance, when available, at a reduced hourly rate.

Six (6) months after the filing date of this Consent Decree

and every#six (6) months thereafter, Plaintiff's counsel shall
submit to the Court a written report of Defendants' compliance or
non-compliance with the individual sections of the Order. A
final report shall be submitted when monitoring terminates, six
(6) months after the opening of the renovated Montgomery County

Combined Jail.

ii



Sincerely,

Stephen Halland, State Jail Inspector
Bureau of Adult Detention

1580 St Rt 56

London, Ohio 43140

Phone: (614) 981-2040

Email: stephen.holland@odrc.state.oh.us

Operation Support Center - 770 W. Broad Street - Columbus, Ohio 43222
www.drc.ohio.gov


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2. The dentist will see you as soon as possible but the order in which the dentist sees patients
is based on the severity of the problem and riot in the order in which the request forms are
received.

Mental Health

To see a mental health professional, complete a *Medical*Mental Health*Dental Request
Form. A mental health worker will see you as soon as possible. If you have an urgent need
to see a mental health professional you should tell an officer or the health care staff and
they will contact the mental health staff for you.

SECURITY AND SAFETY
Lockdown and Unlock
4. Mandatory Lockdown
a. Atany time when directed by staff
b. During an emergency situation or fight
c. Atany time, an inmate is ordered pending disciplinary action
a ing of all security head counts as ordered by the watch
commander
fe. Atnormal, nightly lockdown time
f — Atthe time of medication, laundry, or commissary, if so ordered
2. Prior to lockdown time, your housing unit officer directs you verbally or over the unit

Intercom system to go to your cell and close your door.

les are to immediately lockdown or report to their bunks whenever there is a
disturbance in the housing unit whether or not the officer has the opportunity to

announce lockdown. You are expected to immediately comply. Non compliance
can result in discipiinary action regardless of involvement in the initial disturbance.

4, Ifyou refuse to cooperate with a lockdown, you violate a facility rule, and
disciplinary action will be taken against you. :

Counts

1. Foryour security and safety, the staff conducts several scheduled and
unscheduled head counts to very the presence ofall inmates. Your cooperation i
expected.

2 Youare expected to return to your assigned cell or designated area when directed
todo so. When you are in your cell, you must remain in full view, display your
armband and answer staff questions so that you may be identified.

3. Talking to or otherwise distracting the housing unit officer conducting the countis a
tule violation.

Contraband

- You are prohibited from having in your possession or under your control, including in your
housing unit or cell, any item or items that are not:

24

fi

Upon leaving your cell to go into the common area,

a. Issued to you by the Montgomery County Jail.
b. Purchased by you through the commissary.
©. Otherwise authorized to you by jail policy or staffin writing.

Any issued or authorized item that is used in an inappropriate manner, altered from its
original condition, or possessed in unauthorized quantities is considered contraband.

. fan item in your possession or control violates the law, you may be charged with a crime.

You may also face disciplinary action.

item in your possession violates a rule but is not otherwise unlawful, you may face
disciplinary action as well as having the item confiscated.

|. Ifan item belonging to you is confiscated and its possession is not a crime, a health risk, or

a safety risk, the item is placed with your property. If the item does pose a health or safely
risk, we property dispose of it. You are notified as to what was done with it.

. Body piercing jewelry is removed upon arrival at the facility, you may not use or wear any

item in any body piercing, including but not limited to broom strands.

Security Inspections

_ In addition to daily scheduled hygiene and safety inspections, the staff may find it necessary

to conduct an unscheduled inspection / search of your cell and common area. Such a
‘search is done in a thorough, professional and non-destructive way.

. You are required to cooperate with the staff during these inspections. You do not have the

right to be present during the inspection.

. Any contraband items found during an inspection are confiscated, and you may be subject

to disciplinary action and possible criminal charges.

Searches

|. Searches are performed on inmates when necessary and appropriate in order to deter

offenders from fabricating, introducing, or conveying contraband into the jail and to discover
breaches in jail security.

You may be subjected to pat searches anytime a staff member thinks itis necessary.

3. You may be subjected to a strip search when a staff member has reason to believe you

may possess contraband

. Astrip search is completed by an officer of the same sex as the inmate and in an area/room

‘separate and out of video from other inmates and staff.

Movement

|, recreation, or any other area of
the jall, you must be fully dressed in jait-issued clothing, including your inmate identification
armband.

Ifyou are permitted to move through the jail without an officer escort, you must first have

authorization from your housing unit officer or appropriate staff member. With or without an

25


+ HOV=30-2017 THU 10:18 AM ?, 003

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

LARRY NMI WATSON, : CASE NO. C-3=89-036
| (Judge Walter H. Rice)
Plaintiff, Hy
-v- z t NSENT

GARY R. HAINES, SHERIFF, et al.,

Defendants.

PREAMBLE

The above-entitled action was

situated, and evolved into a class action proceeding under Rule
23 of tha Federal Rules of Civil Procedure, and consolidated with
rindilar actions pursuant te the Court's direction.

Plaintiff's Complaint herein, as amended, charged in essence

voniined under conditions waich violated the Fifth, Sixth, Eighth
snd Fourteenth Amendments to the United states Constitution in
virlation of Section 1983 of Title 42 of the United States Code,
end in violation of the Ohio State.Constitution.

In this action, Plaintiff requests injunctive relief and
compensatory damages sufficient to redress the constitutional
violations alleged. Plaintiff also prays for reimbursement of
his costs and for the allowance of ‘attorney fees for prosecuting
this action.

The named Defendants have appeared and answered and have

denied the material allegations of the Plaintiff's Complaint.

+

| inmates of the Montgomary County Combined Jail were being ,

is



© HOV-30-2017 THU 10319 A ?. 004
ae Yy -)

The Court, pursuant to a Temporary Restraining Order, ruled

that Defendants must operate the Montgomery County Combined Jail

with ai max: More

inmate = capaci

specifically, the Montgomery County Combined Jail was ordered to

maintain a maximum inmate population of 262° ¢immates © %)

the

County Jail component and a maximum inmate population

of 99 inmates in the City Annex component of the Combined Jail.

The Court, by Order dated February 17, 1989, determined that
this action is properly maintainable .as.a classaction: under the
provisions of Rule-23 of the Federal Rules of Civil Procedure.

In order to bring to rest the controversy between the class
represented by Plaintiff, and Defendants; to secure total and
final settlement of all claims against Defendants arising ovt of
she purported acts and omissions set forth in Plaintiff's
Complaint, as amended; and to avoid further expense,
inconvenience, and the distraction and hazard of .burdensome and
protracted litigation; the parties desire to settle, compromise,
end terminate this action and all claims asserted therein, as
well as any and all claims against the Defendants which are based
upon ox might be based upon or arise from any of the matters
alleged in Plaintiff's Complaint, as amended, regardless of the
legal theory on which such claims may be based.

I. \MAXIMbM INMATE POPULATION

The inmate population that is utilizing permanent beds shall
not exceed a total combined jail population of 36i. inmates,
except ‘as Def ants May construct additions “to the facility.

Those transient inmates in holding oells shall not be considered



INDEX

Armbands (Page18)

Bail (Page 4-5)

Bunks (Page 7)

Cell Intercom Call Buttons (Page 11)
Classification (Page 5)

Cleaning (Page 8-9)

Clergy Visits (Page 14)

Commissary (Page 17-18)
Complaint (Page 32)

Contraband (Page 24-25)
Counseling Programs (Page 19)
Counts (Page 24)

Dental (Page 23)

Disciplinary Hearings (Page 30-32)
Education Programs (Page 19)
Emergency (Red) Push Button Use (Page 11)
Fire Safety and Emergency Evacuation (Page 26)
Floor Lines (Page 26)

Grievance Procedure (Page 32)
Grievance Line (Page 33)

Haircuts (Page 17-18)

Housing Unit Schedules (Page 6-7)
Indigent Inmates (Page 16-17)
Intercom Call Buttons (Page 11)

Jail Issued Items (Page 7)
Laundry Exchange (Page 16)
Legal Cour

Legal Ma
Legal Visits (Page 14)

Library Services (Page 18-19)

Lockdown and Unlock (Page 24)

Long Distance Phone Calis (Page 12)
Incoming (Page 10)

Mail, Outgoing (Page 11)

Major (B) Rule Violations (Page 28-29)
Meals (Page 15)

Media Contact (Page 15)

| Services and Medications (Page 20-24)
Mental Health (Page 24)

‘Minor (C) Rule Violations (Page 29-30)
Mission Statement (Page 2)

Money (Page 17)

Movement (Page 25-26)

Parcel Acceptance (Page 10)

Pat Search (Page 26)

Permitted Items (Page 7-8)

Personal Hygiene (Page 16)

Pod/Direct Supervision Rules (Page 33-34)
Pretrial Services (Page 4)

Inmate Behavior (Page 2-3)

36

Inmate Privileges (Page 2)

Inmate Property and Clothing Storage (Page 9)
Inmate Rights (Page 2)

Inmate Worker Program (Page 19)

Public Defender Phone Number (Page 34)
Razors (Page 16)

Recreation (Page 18)

Release Programs (Page 19)

Religious Services (Page 18)

Rules, Violations and Sanctions (Penalties) (Page 27)
Searches (Page 25)

‘Security Inspections (Page 25)

Serious, (A) Rule Violations (Page 27-28)
Sexual Assault, Misconduct or Harassment (Page 26-27)
‘Smoking Policy (Page 8)

Special Visits (Page 14)

Strip Search (Page 25)

‘Substance Abuse Programs (Page 19)
Telephone Calls (Page 12-13)

Television (Page 18)

Tylenol (Page 23)

Use of Force (Page 26)

Visitation (Page 13-18)

37


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: ) )

The physician shall review all charts where the paramedic
has provided service or the patient has received medication. In
addition, for quality assurance, the physician shall have another
physician review ten (10) charts at random, each quarter.

Defendants shall continue their efforts in quality medical
care to insure that inmates are. provided constitutionally
sufficient madical servicas while incarcerated at the Montgomery
County Combined Jail.

VII. INMATE RECREATION AND EXERCISE

Defendants shall maintain en ongoing recreation program
which shall provide at least five (5) hours: of ‘physical “exercise
foreach inmate pexweek? 2 This program shall dnelude “owtaoor

macxeation when weather permits, consisting at least of

iyasketball, frisbee, horseshoes and exercises. Indoor recreation

ghall be provided a minimum of five (5) hours per week for each
inmate during times when outdoor facilities are not usable and
shall consist of, among other activities, ping-pong, aerobics,
Solafles, shuffleboard. The above activities shall be restricted
to those inmates who are physically able and desire this type of
recreation, including those inmates who are administratively
segregated unless they present a security problem to be

aetexmined on an individual basis.

Inmates ~ who dow notycwish: achive: participation = in the

activities mentioned hereinabove shall be permitted access to the
reoreation areas for passive..recreational activities. Passive

recreational activities include, but are not limited to reading,



|

* yolv-30-2017 THU 10:19 AM P, 009

x

The construction and renovation of the new jail shall meet
che construction and renovation criteria for full service local
adult detention facilities set forth by the Ohio Department of
Rehabilitation and Correction so as to comply with Section
5103.18 of the Ohio Ravised Code, the Mininum Standards for Jaiis
an Ohio, and with established Bureau of Adult Detention
Facilities and Services procedures.

Nothing in this Consent Decree shall be interpreted as
prohibiting Defendants from contracting with other detention
¥acilities for housing of.Montgomery County inmates.

VI. MEDICAL CARE

Defendants vepresent that the Montgomery County Combined

Wall has received full accreditation from the National Commission

of Correctional Health Care. Furthermore, Defendants shall

comply with Regulation 5120:J=8-09, of the Ohio Minimum Standards

for, Full Service .Facilities, addressing jail medical standards
ang@ practices.

The health care staff shall include a respo

who will bé svailabie twenty-four (24) “nours ‘pe: vy, seven (7)

days per week for consultation. In addition, the physician shali

hold sick call! one @(1) “Hight per weeke at: the Jai1. When the

responsible physician is not available, an associats of the
physician will be available.

The health care staff shall include a dentist who will see
inmate patients oAs =(1) dey each week, In addition, émérgency
dental care iwillpbeevailabie atothe detrital clinic of a eonimuinity

hospital‘ or similar=institution.



Ht.

7. Youare permitted to have eyeglasses that are prescription (prescribed by your physician) or

possess magnification properties. All sunglass style eyewear is considered cosmetic in
rrature and is not acceptable. Tinted lenses (green, red or browm) if prescribed by your
physician for medical reasons (.e. glaucoma, retinitis pigmentosa) is permitted.

COMMUNICATION
Incoming Mail

4. Your mailing address is:
Your name as it is written on your armband
Montgomery County Jail
330 West Second Steet
Dayton, OH 45422-0426

2. Mailis delivered to the jail Monday through Friday, except on holidays. After the mail is,

processed, it is delivered generally by 8:00 p.m.

3. All mail is opened and inspected for money orders and/or contraband (see #10 of this

section.) Mail marked "Legal Correspondence" from your attomey, a court, or a public
official, such as a probation or parole officer, is opened in front of you. Mail not marked in a
way to indicate it contains privileged/legal materials, or is from a source not considered to
be privileged, is the standard inspection procedures. We do not censor or read
incoming mail, unless itis clearly necessary for the order and security ofthe jail, and then
only with the approval of the court

4. Only mail delivered by the U.S. Postal Service is accepted at the jail. We do not accept
notes or letters dropped off for you by friends or family, or given to a staff member for you
from another inmate.

5. Montgomery County Jail staff will not accept any books, magazines, parcels, newspapers,
photocopied items, or any large packages mailed or brought to the jail, unless delivered by
inter-departmental mail, clergy or the inmate's attomey, or is pre-approved by the Program
Coordinator / Jail Chaplain. Packages will be refused if they would create storage
problems.

6. Ifyourmail contains a money order, the jail bookkeeper credits the funds to your
commissary account. Personal checks are not acceptable and are placed with your
personal property.

7. \fyour mail contains items that jail regulations do not permit you to have, the items will be

placed with your personal property or disposed of in accordance with our contraband policy.
Contraband, which constitutes a criminal violation, may result in charges being filed against
the sender.

8. We deliver legal reference materials and religious publications. You must request
permission to receive other books through the mail. Special permission should be
requested on a Jail Request Form and submitted to the Program Coordinator for review.
Any items sent to you without permission are placed with your property.

9. C.O.D. postage due mail will not be accepted.

10. Items that will not be given to you include:

10

H2.

. You may correspond with another inmate in the facility only by mail, sent vi

a. Photographs or drawings of nude or partially nude persons, which depict sexual,
violent acts, illegal acts, or gang related activities.

b. __lustrations and/or text, which show or describe the manufacture of, or fabrication
of, weapons or tools.

©. Other items which could be expected to encourage violent or disruptive behavior by
you or other inmates.

d. Photographs or drawings that show a person in attire which would not be
acceptable attire to be wom in public or which shows various stages of undress,
such as underwear.

Outgoing Mail

. You may mail as many letters as long as each letter:

+ Issealed
+ Has proper postage

+ Is properly addressed

+ Has the correct retum address

+ Is free of explicit drawings that depict sexual acts and/or profane words

‘Tis practic wil ony be resticied vnen clearly necessary forthe order and secur ofthe
jail

. You must place in the upper left comer of the envelope the following correct retun address:

Your name as itis written on your anmband
330 West Second Street
Dayton, OH 45422-0426

Staff collects outgoing mail daily. The U. S. Postal Service picks up mail after 8:00 a.m.

Monday through Friday, except on holidays.

+. Your outgoing.mail is not opened or read.

.. Mail being sent to the Montgomery County Common Pleas Court and Judges, the

Montgomery County Adult Probation Department, the Dayton Municipal Court and Judges,
the Sheriff, the Jail Administrator, or employees of the Sheriffs Office and Dayton Police
Department requires no postage.

Service. Staff members and other inmates are not permitted to deliver mail or pass notes
from one inmate to another.

Cell Intercom Call Buttons

|. Do not pound on the doors or glass. Each housing unit, cell and multi-use areas are

equipped with intercom call buttons that you press once to activate. Otherwise, wait until
your cell is unlocked. You are expected to use the intercom system for emergencies,
immediate hygiene issues, and life/safety issues. Do not use the intercom system for
routine requests or questions. Staff may take disciplinary action against you if you
choose to misuse the intercom system.

fea



They represent a clear and present danger to the security of the jail.

© They have a past history of disruptive conduct at the jal.

+ They are not properly dressed in acceptable street clothing including shirt and
shoes.

+ They refuse to submit to a search or show required identification.
= They are under the influence of drugs and/or alcohol.

You refuse the visit. If you refuse the visit, it does not count as your weekly visit.
‘You may be required to designate specific visitors on your list if you refuse a visit.

«They are under the age of eighteen and are not acoompanied by a parent or
guardian (unless he/she is your legal spouse, verification is required.)

40. Ifyou are serving a weekend sentence, you are not permitted visitors.

41. Itmay be necessary during an emergency to cancel all scheduled visitation without prior
notice.

42. Special visits are approved by the Jail Administrator or his designee and do not count
against your regular visits. To request a special visit, complete a Jail Request Form with the
necessary information, and retum it to the housing unit officer. The Jail Administrator will
use the following guidelines for approving special visitors:

a. Visitor resides outside a fifty (60) mile radius of the jail and has identification proving
residency.

b. [tis not possible for person to visit during regular visiting hours, employer
verification is required.

c. Asudden family medical emergency, verification is required.

43. Your attomey or other officials may visit as often as needed and at any reasonable time,
usually 8:00 a.m. to 10:00 p.m. Professional visits do not count against your weekly
personal visiting privileges.

14. Clergy may visit you at any reasonable time, with proper identification. These visits do not
count against your weekly visiting privileges. Proper identification consists of a Greater
Dayton Christian Council, Miami Valley Hospital, or other official Chaplaincy Program
Identification Card.

45. Clergy members related to you by blood, martiage, or adoption is not allowed a contact visit.

Clergy contact visits must be approved. Falsification of a material fact pertaining to
personal relationships results in that person being prohibited from any future visits with you.

46. No previous inmates of the Montgomery County Jail will be permitted to visit within 60 days.

17. Daily visitation hours:
9:00 a.m. to 10:00 a.m. - Weekends and Holidays Only
1:00 p.m. to p.m.

7.00 p.m. to 8:30 p.m.

14

“Visiting hours for Special Management Housing Units and juveniles is thirty (30) minutes
before the normal visitation times.

48, The Montgomery County Jail is located at:
330 West Second Street
Dayton, Ohio 45422
Inmate Information/Visitation Information — (837)496-3059 or www.miamivalleyjails.org

19. Metered Parking is available on Second Street and the Montgomery County Parking
Garage is located on St. Mary Street. Visitors may not park in any parking area around the
i 9. Violators will be towed at the owner’s expense.

20. Information on public transportation may be obtained from the Regional Transit Authority
located at: 22 South Main Street
Dayton, ‘Ohio 45402
(937) 226-1144 Ride/Route Information

H6. Media Contact

1. You are advised to consult with your attomey prior to participating in an interview with the
media.

2. Ifyou initiate contact with the media, this handbook informs you any statements you make
to the media may be used at your hearing or trial.

H7. Voting Information

1. During an election year, if you are an eligible registered voter as defined in the Ohio
Secretary of State Directive 2010-92, you are permitted to have a family member or friend
bring your Absentee Ballot Application to the Montgomery County Jail.

2. Once you receive your Absentee Ballot Application, it will be your responsibility to complete
the application and mail it back to the Board of Elections, via USPS (United States Postal
Service) before the deadline set by Board of Elections.

I GENERAL SERVICES
MM. Meals

4. Meals are planned to provide balanced nutrition and variety and are prepared in the jail
kitchen. Meals are served three (3) times a day with no more than 14 hours between any
two meals.

2. Special diets may be considered for health or religious reasons. Should you desire a
special diet for health or religious reasons, you must complete a Jail Request Form detailing
the circumstances, and forward it to the housing unit officer. We must verify your need for a
special diet before it wil be approved

3. You are provided with a nutritionally adequate "bag meal" when you are going to or coring

from court or another detail and cannot be in your housing unit during scheduled meal
times.

15



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7/19/2018 County Jali told to Tx Serious staming, overcrowaing Issues - Laywii Lally wows:

inmates and officers. The 900-bed facility often has a single sergeant on duty.

Several jail locations are monitored only by security cameras. Officers are not posted
at the medical unit where healthcare contractors treat inmates. Some female staffers
are concerned that they are alone with inmates in the same area as safety hazards
such as dental tools, Sassatelli said. ‘

Officers also do not supervise the loading dock, the laundry room or the kitchen in
person, the consultants said. Contraband could be passed through those locations.

Vose and Sassetteli recommended several staffing increases, including the addition
of more command staff and booking staff and adding posts to supervise the medical
unit, loading dock and other areas.

It's not clear whether the jail can find funding for the additional staffing. Streck said
the jail already has seven unfunded positions.

Yvonne Curington, a member of the League of Women Voters who has been
attending the advisory committee's meetings for months, said the presentation by the
consultants was “heartening” but criticized the pace of the committee’s work. She
noted that it took the committee three months to decide to hire the consultants,

“People’s rights are being violated,” she said. “This group has moved awfully slow.”
Contact this reporter at bailey.gallion@coxinc.com.

http:/epaper.daytondailynews.com/popoversidynamic_article_popover.aspx?artguid=19a355c8-bad2-4457-984e-4cab59c1 2046&utm_source=app.pa... 3/3


M4.

3.

. You are entitled to submit a compl

9) Within 24 hours after the hearing, the hearing officer reaches a decision
and notifies you, and the staff, in writing of his decision and sanctions. You
are given a written statement containing the facts used in the finding and
the reason for that finding.

10) Eve is decided you did not commit the violation, a record of the
incident is maintained in a separate file, and it cannot be used against you

in any future disciplinary actions.

11) You have the right to appeal the decision of the hearing officer to the Jail
Administrator or his designee on a Jail Request Form. Your appeal must
Be submited, in writing, within 24 hours after you receive notice of the
inding. .

42) The decision of the Jail Administrator is final with no further appeals
allowed. Time limits as used in this section do not include weekends,
holidays, and any time we are operating under a state of emergency.

13) Staff members make every attempt to follow all deadlines suggested for
disciplinary procedures. If staff members are unable to do the necessary
work within those deadlines, they document the reasons for such delays,
and your disciplinary procedures will continue.

14) The Jail Administrator reviews all reports submitted by the hearing
officer(s) to monitor compliance with the jail policies and procedures.

Complaint

1 any jail staff (housing officer, jail supervi
Captain, etc.) The following are considered Complaints: mee

+ An act that constitutes misconduct by an employee including a crimi
+ Any violation of the inmate's rights.

act.

. The inmate files a complaint with the immediate supervisor of the employee that the

comp tr mediate supervisor is not available, the
individual files the complaint with an available on-duty supervisor. When a supervisor
receives a complaint where the inmate refuses to file a swom complaint or an
anonymous complaint, he forwards a memorandum detailing the incident to the involved
employee's n Commander, via the chain of command. The Division Commander
decides if additional documentation is necessary and what further action or investigation
is necessary.

When the investigation is complete, the Sheriff or his designee informs the complai
in writing as to the results of the investigation. mpainent

Grievance

The following are criteria for Grievances:

* Medical care 9
Conditions of confinement +
General discipline procedures .,
Inmate programs participation
Telephone
Mai

32

Visiting Procedures
Food +

Clothing and bedding
Religious preference ©

2. If you have a grievance, you may contact your housing unit officer. The hou: unit
officer contacts the housing sergeant, via the most direct means, and explains the
situation. The housing sergeant will determine if you have a complaint or a grievance.
If the housing sergeant is unable to resolve the grievance, you will be given the
appropriate form to complete (inmate Grievance Form).

(@) Alter an inmate Grievance Form is received and completed, the jail staff member will
sign, date and return a copy of the form to the inmate.

Please include the following information on the grievance form:

= Yourname as itis written on your armband.

+ The nature of the grievance.

= Any witnesses’ names and/or who was present at the time the
grievance occurred.

+ Any details which help explain the grievance.

«The way in which you are affected

3. Every effort will be made to investigate your grievance and send a written response
back to you within 5 working days (excluding weekends, holidays, and emergencies)
stating the outcome and the basis for the outcome.

4. If you disagree with the resolution of the grievance, you may appeal to the Jail
‘Administrator for further investigation by submitting to the Jail Administrator a Jail
Request Form within 5 days of receiving the decision. The Jail Administrator, or his
designee, makes every effort to respond in writing within 5 business days.

5. Jail staff will make every effort to follow the time frames suggested for resolving an
inmate grievance. (As used in this section, the time limits mentioned do not include
weekends, holidays, or any time we are operating under a state of emergency.) When
following the time frames suggested is not possible, staff documents an explanation for
the delay and gives you a written copy. Your grievance fit it is
determined the issue is resolved.

6. Use of the grievance line is for your benefit. If you do not feel your grievance has been
handled in an appropriate or timely manner call thé number located in your housing unit
(999-9999) and leave a detailed message. This line is not to be abused and all
disrespectiul or inappropriate messages will be disregarded.

MS. " PodiDirect Supervision Rules
4. You are permitted to be on the upper level walkway only for one of the following reasons:

You are taking a shower
You are using a telephone

You are walking directly to or from your cell
You are cleaning that area

You are receiving a visit

paore

33


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“NOV-30-2017 THU 10:20 AN POL

4

If Plaintiff's counsel discovars any area where Defendants
heve failed to comply with the provisions of this Order, or the
implementation does not meet the intent of the Order or
constitutional standards, he shall direct a ‘letter of said
findings to defense counsel. The parties are direoted to attempt
resolution of any subsequent disagreements with regard to the
interpretation of or compliance with this Order, by negotiating

without further intervention of tha Court. Except “incase “of

the Cotirt  Shalienét jentertain «an application for

emergency,

rébief without #cértitieation by counsel “Seeking relief that a

good “alth “Attempt “has bean’ made “to “cesolve “the eontroverted

issté whiéh Sets forth such attempts in detail.

XI. LIMITATIONS

Nothing incident or relating to this Consent Decree or any
provision hereof, including but not limited to negotiations and
_ public announcements, may be used by any party against any other
party in this action or in any other action, except to enforce
she rights and obligations of the respective parties arising out
of the provisions of this Consent Decree.

This Consent Decree is not, and shall not be construed to be
either an admission by Defendants of the validity of any of the
Claims asserted in this action, or the liability for any claim
thereof, or of any wrongdoing whatsoever, or address any
individual claims for damages, nor shall the Consent Decree be
construed as an admission by Plaintiff of any lack of merit in
his or his olass' allegations. Any statements or arguments made

on behalf of any class member or Defendant or in support of the

12



Hon. Steven K. Dankof

From: gis@mcohio.org
Sent: Wednesday, July 4, 2018 8:20 AM
To: Hon. Dennis J. Adkins; josephr@mcohio.org; carl. henderson@daytonohio.gov;

check@vandaliaohio.org; christopher.roberts@daytonohio.gov; Chuck Crosby; Hon.
Steven K. Dankof; James Dare; deirdre.logan@daytonohio.gov; Judy Dodge; Dan Foley;
frederick.dressel@ketteringoh.org; Hon. Barbara P. Gorman; Matt Haines; James A.
Hensley; Kim Holbrook; Jim Long; katie. mendez@daytonohio.gov; Hon. Michael W.
Krumholtz; Hon. Dennis J. Langer; langosb@mcohiosheriff.org; Debbie Lieberman; Mary
Kay Stirling; Mia Wortham Spells; Timothy Nolan; James D. Piergies; Phil Plummer;
quinn@oakwood.oh.us; richard.biehl @cityofdayton.org; Adele Riley;
robert.rettich@cityofmiamisburg.com; Judy Sealey; Hon. Gregory F. Singer;
sonya.eggleton@daytonohio.gov; Stephanie.Cook@daytonohio.gov; Rob Streck; Greg
Sunshein; John Theobald; Michael Tucker; parksj@mcohio.org; Joseph Tuss; Jim
Vangrov; Hon. Mary Wiseman; Uchenna Youngblood; Mark Willis; Julie Stephens

Ce: Joe Spitler; Bart Kincaid
Subject: JusticeWeb: MONT-JAIL Population By Court and Primary Charge
Attachments: Jail Population By Court and Primary Charge Degree.pdf

‘There are currently 813 inmates, Please see attachment for breakdown by court and primary charge degree.

EXHIBIT

bb

tabbies*



©" yo¥-30-2017 THU 10:19 A

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P, 007

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purposes of this Consent Decree as those occasions when a mass
arcrast occurs such as a drug sweep, riot, demonstration or large~
scale criminal disturbance. Defendants represent that they will
attempt to remady said emergency no later than seventy-two (72)
hours.

Jail supervisors have the discretion to

efusexto release

any inmate who may present a danger to himself or others or may

be under the influence of <aloohel” or. drugs. Based upon

recommendations of medical or mental health services

professionals, jail supervisors may refuse to release any inmate
with an apparent mental’ health disorder or serious contagious
-iisease.

All persons released shall have a 'CCH/ELI check made. The
Sheriff or Jail Administrator or the tracking officer shall
Gecide if the inmate presents a danger to the community.
Yariance to the procedure may be given by the Sheriff, the Jail
Administrator or the Sheriff's designee.

The priority listing of the emergency overcrowding release
mechanism can be altered by the Sheriff should he deem such
change necessary and in the best interests of jail operations end
community safety and well-being.

The electronic home detention program more fully set forth
in Section IIl of this Consent Decree may be injected into any
phase of the priority release mechanism. This decision shall

rest with the Sheriff, Jail Administrator, tracking officer or

designee.



( (

7. Department of
Ohio | Rehabilitation & Correction

John R, Kasich, Governor
Gary C. Mohr, Director

Sheriff Phil Plummer
Montgomery County Jail
330 W Second Street
Dayton, OH 45422

RE: 2016 Annual Jail Inspection
Dear Sheriff Phil Plummer:

In accordance with Section 5120.10 of the Ohio Revised Code and Executive Order 92-03 of the Department of
Rehabilitation and Correction, the Montgomery County Jail, a full service jail, was inspected on 11/16/2016, The
inspection was restricted to assessing compliance with a group of standards, selected from the Standards for Jails in
‘Ohio promulgated by the Department of Rehabilitation and Correction. The graup of standards being inspected focused
on Reception & Release, Classification, Security, Housing, Sanitation and Environmental Conditions, Communication,
Visitation, Medical and Mental Health Services, Food Service, Recreation and Programming, Inmate Discipline,
Administrative Segregation, Grievance, Staffing, and Staff Training. The inspection consisted of this Inspector receiving
and/or reviewing requested documentation and/or materials, touring selected areas of the jail, and having discussions
with various jail staff.

The total actual general housing capacity for the Montgomery County Jail is 805, On the date of the jail inspection, there
were 791 inmates incarcerated in the Montgopaany County Jail. The Ohio Department of Rehabilitation and Correction
recommended housing capacity for the jail orn is based upon total available living space and other
requirements, Officials should maintain prisd Younts within the Department's recommended capacity figure.

The Montgomery County Jail (Full Service Jail) is in compliance with the following standards:

5120:1-8-01 (A)(2); -01 (A)(5); -01 (A){6); -01 (A)(8); -O1 (A)(10); -01 (A)(11); -04 (A)(13); -01 (A)(14); -04 (A)(15); -02
(A); -02 (B)(3); -02 (B)(S); -03 (A)(1); -03 (A)(3); -03 (A)(4); -03 (A)(S); -03 (A)(6); -03 (A)(7); -03 (B)(1); -03 (B)(3); -03
(B)(4); ~03 (B)(6); -03 (B)(6); -03 (B)(7); -03 (B)(9); ~03 (B)(10); -03 (B)(10); -03 (B)(10); -03 (B)(10); -03 (B)(11); -03
(B)(14); -03 (B)(11); -03 (B)(13); -03 (B)(14); -04 (A)(1); -04 (K); ~04 (L); ~05 (A); -05 (B); -05 (C); -05 (D); -05 (E); -05
(F); 05 (H)(1); ~05 (H)(2); -05 (H)(4); -05 (H)(5); -05 (H)(6); -05 (L); -05 (M); -05 (0); -05 (P); -05 (Q); -06 (A); -08 (D);
-06 (F); -06 (H); -07 (B); -07 (C); -07 (G); -07 (J); -09 (A); -09 (B); -09 (C); -09 (D); -09 (E); -09 (F); -09 (G); -09 (H); -09
(1); -09 (J); -09 (K); -09 (L); -09 (M), -09 (N); -09 (0); -09 (P); -08 (Q); -09 (R); -09 (S); -09 (T); ~09 (U); -09 (V); -09 (W);
-09 (X); -09 (¥); -09 (Z); -09 (AA); ~10 (A); ~10 (B); -10 (C); ~10 (E); ~10 (F); ~10 (G)(1); 10 (G)(2); -11 (Cy; 11 (Dy; -12
(A); 12 (D); -12 (BE); -42 (I); ~15 (A); -15 (©); -15 (F); -16 (B); 17 (A); -17 (BY -17 (C);

The Montgomery County Jail did not comply with the following listed standards. This letter is intended to setve as a
basis for developing plans of action for bringing the facility into compliance with the deficiencies noted during the

inspection.

5120:1-8-04 (A) (2) Housing Cells: (a) (Important) Seventy square feet for single occupancy forty-eight square feet in
jails constructed prior to 1983,

Operation Support Center - 770 W. Broad Street - Columbus, Ohio 43222 EXHIBIT
www.drc.ohio.gov i



FA.

8. Your classification status will be re-assessed on the 30" day of your confinement and every
6 months thereafter. Your behavior, participation and completion of programs, compliance
with others, and abilty to function with other inmates will affect your classification status.

HOUSING
Housing Unit Schedules
1. Dormitories

Dormitory cells with day/night sides are opened at approximately 5:30 a.m. and remain
open until approximately 17:00 p.m., except during meals and counts. For your safety or for
security reasons, the housing unit officer may find it necessary to adjust these hours, at their

discretion.
2. Ranges

Individual range cells are opened at approximately 5:30 a.m. and remain open until
approximately 11:00 p.m., except during meals and counts. For your safety or for security
reasons, the housing unit officer may find it necessary to adjust these hours, at their
discretion.

3. Administrative Segregation

a. __ If you are housed in Administrative Segregation, you are locked in your cell at all
times; except for one hour a day when you are given access to the shower area
and/or to the telephone. .

b. Youre permitted to shower daily.

c. _ Youare permitted at least one (1) telephone call weeldy (for inmates in a non-
telephone accessible area) unless you are on a restriction, which may include loss

of this privilege.

G._ Inmates housed in Administrative Segregation receive all rights and privileges
uniess they pose a serious threat to the security of the jail or to the health and
welfare of themselves or others. Privileges will be taken away as a result of
negative behavior.

4. Disciplinary Housing

a. __ Inmates placed in a Disciplinary Housing unit (not isolation) are on restriction from
all recreational activities, program participation, non-professional visits, contact with
friends and family via telephone, and non-hygiene commissary items.

b. __ Ianinmate's rule violations warrant, he/she can be placed on restriction from
clothing, bedding, and unlimited access to toilet, lavatory, and showers.

c. _ inmates in Disciplinary Housing will have access to their attomey, clergy members,
medical care, adequate light, ventilation, temperature, sanitation, and a nutritional
diet. :

d. The maximum penalty for rule violations resulting from one incident will be no more
than 60 days. Continuing in disruptive behavior will result in additional restrictions.

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F2.

1.

Single Cells

‘a. Single cells (one or two-man celts) that have a common area are opened at
approximately 5:30 a.m. and remain open until approximately 11:00 p.m., except
during meals and counts. For safety and security reasons, the floor officer may find
itnecessary to adjust these hours at their discretion.

b. _ Ifyou are assigned to a single cell (one or two-man cell) you are given an
‘opportunity to shower dally. Showers are normally allowed during the evening.

c. _Ifyouare ina single cell that does not have a telephone, you are given access to a
phone daily.

Pod Housing Units

Pod cells are opened at approximately 5:30 a.m, and remain open until approximately 11:00
p.m., except during medils and counts. For your safety or for security reason, the pod officer
may find it necessary to adjust these hours at his discretion.

Direct Supervision Units

You are to remain on your bunk from 11:00 p.m, until 5:30 a.m. or at anytime the housing
officer directs you to report to your bunks.

Permitted Items
You are permitted to have the following jailissued items:

+ Two (2) sheets

* One (1) blanket

+ One (1) towel

+ One (1) mattress.

+ One (1) uniform consists of pants and shirt
* One (1) pair ofissue sandals

+» Two (2) bars of soap

+ One (1) inmate handbook

.. You are permitted to have the following non-issued items:

» Two (2) sets of plain white T-shirts, which must be without any pictures,
logos or printing

+ Two (2) pair of undergarments, including bras (no underwire) for female
inmates

+ Two (2) pair of socks any color

+ Legal papers and/or your personal legal reference books

ks from the jail library at any one time

and/or prayer book

* Photographs (not permitted to be hung on the walls or bars) See Incoming
Mail .

‘= Items on the commissary list in moderate quantities (no more than a total
of $100 worth of items), providing the items have not been altered in any
manner



“NO¥-30-2017 THU 10:20 AM P, 015

. ential oosix (6)

“ “ sty,

“Consent Decree shall not be used as evidence in any way in any
subsequent trial, proceeding, or haaring either in this action or
ian any other action or proceeding between the parties thereto,
should such occur.

It is recognized that some obligations of the Defendants may
be in excess of those constitutionally required, and therefore,
if any provision herein agreed to becomes unreasonably
burdensome, either party may petition, with notice to the other
party, the Court to amend the Consent Decree.

XII. TERMINATION

The Court hereby retains qurisaiction: over “this “action to
implement and enforce the provisions and purposes of this Order.

amonths. = following’ “the © opening “of ‘the

venovated/éonsttucted jail.

IT IS SO ORDERED:

o Ne rt
burr Nerbel tee
WALTER H, RICE
UNITED STATES DISTRICT
JUDGE

APPROVED:
FOR THE DEFENDANTS ‘ FOR THE PLAINTIFF

LEE C. FALKE, MONTGOMERY COUNTY
PROSECUTING 2

CO:
Assistant Prosecuting Attorney Bet
41 N. Perry Street, Suite 300 634 Hulma ang
Dayton, Ohio 45402 120 West Second Street

Telephone: (513) 225-5757 Dayton, Ohio 45402
. . Telephone: (513) 223-3153

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H4.

2

). Special long distance phone

. It may be necessary during a

“The pods and dorms are equipped with red mushroom type emergency panic buttons,
which you may press only if life/safety emergency exists. Misuse of the panic button is
Serious Rule Violation.

Telephone Calls

Most housing units are equipped with collect call phones in the common areas. All phone
calls are recorded and subject to monitoring at any time. These phones are provided
for you to make both personal and legal phone calls. Damage or misuse may resuitin the
phone being tumed off, disciplinary sanctions, and possible criminal charges.

“The housing unit officer usually tums the phones on when the unit has passed inspection
after morning clean up.

1. Youare expected not fo monopolize the phone, use abusive or loud language, or listen to

others’ conversation.

|. The housing unit officer monitors the use of the telephone and may enforce time limits on

calls when necessary.

. Ifthe phone is damaged or broken, repairs are scheduled with the telephone company. No

special arrangements are made for you to use a phone during this time.

Ifyou need to contact your attomey, or other official, who will not accept a collect call,

submit a Jail Request Form to your housing unit officer requesting a legal phone call. In
most cases a staff member places the call for you and leaves a message for the person to
Visit you as soon as possible.

Inmates are not permitted to use free phones after initial bookin, except for emergencies.
We must verify the existence of an emergency before you are given permission to place a
"special" telephone call. Your housing unit officer can assist you in making a request to
place an emergency call, and with arrangements to place the call ifitis approved. A staff
member dials emergency calls from a free phone.

. Ifyou wish to call someone who has a block on their phone line to prevent collect calls, itis

your responsibility to contact these people by other means, such as visitation, attomey,
clergy, or mail. Phone blocks do not justify special calls. Follow the procedure for special
cals in cases of emergency.

lis are not allowed, except in the case of individuals that
need to make intemational calls.

smergency to stop all inmate telephone use.

. The jail staff does not transfer incoming personal telephone calls to you or take telephone

messages for you.

.. If we receive complaints from the people you call, you may be moved to an area, which

does not have a phone.

|. Telephone harassmentis a criminal offense. Making unwanted or obscene telephone calls,

oF calling any person other than the party accepting collect charges by using call forwarding
and or three way calling may result in your being prosecuted in a court of law in addition to,
disciplinary sanctions being imposed. 7

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14.

15.

16.

Ifyou are housed in a dormitory unit, all of the above rules apply to your telephone use,
except the hours during which you have access to collect call telephones may be longer.

You are able to contact the Public Defender’s Office directly. The hours are from 8:30 a.m.
to 4:30 p.m., Monday thru Friday, by dialing: 937-225-4652. This is a free call and is not
subject to being recorded.

‘To make a phone call, pick up the phone and press 1 for English or 2 for Spanish. You will
then be asked to enter your personal identification number. This is your booking number
plus the last four digits of your social security number. The dash in your booking number
needs to be entered as a “0” in the phone system. (Example: IF your booking number is 12-
on the phone, press 1 for a collect call or press 6 for a call using a calling card.

Visitation

‘You are encouraged to have family and friends visit you. You are eligible for a personal visit
24 hours after your booking process is completed and ance weekly thereafter. The
visitation week begins on Monday and runs through Sunday. Up to three (3) persons may
visit you at one time.

Ifyou are sentenced and are waiting to be transferred to a state or federal institution, or if
you are an inmate worker, you are allowed two (2) visits per week. If you have already
begun serving your sentence and retum from a state or federal institution, you are only
entitled to one (1) visit per week.

‘An inmate cannot have two visits on the same day.

‘You may restrict certain people from visiting you by completing a Jail Request Form and
listing the names of up to five (6) specific persons you would like admitted to see you. If
your visitation list is not restricted, the first, up to 3, including children that sign in are
permitted to see you, and will count as your weekly vist.

A parent or guardian must accompany children (persons under 18 years old), unless he/she
is your legal spouse. Verification is required.

You are allowed at least thirty (30) minutes for your visit, unless:
_a. You oryour visitor(s) viotate any jail rules.
b. Your visitor arrives less than thirty (30) minutes before the end of the visiting

period. If you accept a visit when less than thirty (30) minutes remain in the visiting
petiog, the visit will count as your weekly visit.

c. You oryour visitor ends the visit.

Contact visits with family and/or friends are not permitted. However, most professional
visitors (attorneys, probation/parole officers) are contact visits.

Visits between inmates are not permitted without special permission from the Jail
Administrator or his designee.

._ Avvisitor will be denied visitation approval if:

+ They are currently involved in your criminal case or court prooeeding (Domestic
Violence victim, Child Endangering victim, active TPO or CPO, etc.)

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