§ 642.106. Place of extended confinement.

(a)

Method of designation. A place of extended confinement shall be designated as follows:

(1)

In his written request for extension of the limits of his confinement, the prisoner shall request the designation of a particular place as his place of extended confinement. A place of extended confinement shall be limited to one of the following types of places:

(i)

The prisoner's residence, which must be located within the General Services District.

(ii)

The residence of the prisoner's father, mother, guardian or other person legally responsible for the prisoner, if the prisoner is a minor or ward, which residence must be located within the General Services District.

(iii)

The residence of the prisoner's father, mother, sister, brother or other immediate family member, as defined in the rules promulgated by the Sheriff under this Chapter, or of any other person who agrees to observe the terms and conditions involved with a place of extended confinement, which residence must be located within the General Services District.

(iv)

A dormitory or similar institutional housing at an educational or vocational training institution or facility, which must be located within the General Services District, if the prisoner's residence is not within the General Services District or, if his residence is within the General Services District, if the dormitory or similar housing is more convenient and involves a shorter route of travel to the prisoner's educational or vocational training program. A fraternity house, sorority house or other group residence, not constituting the prisoner's principal residence and not under the immediate control and supervision of the educational or vocational training institution or facility, is not acceptable as a place of extended confinement under this subparagraph.

(2)

The Sheriff shall inspect the place requested by the prisoner for its suitability as his place of extended confinement. The Sheriff shall ascertain that no illegal, immoral or unhealthful activities or conditions exist or are carried on in the proposed place of extended confinement or, if it is located in a building or structure with other residences, within the premises as a whole. The Sheriff may call upon the Building Inspection Division and Housing Safety Division to assist him in this inspection. The Sheriff shall, by rule, prescribe by what factors he judges the suitability of a place of extended confinement.

(3)

The Sheriff shall interview and, to the extent necessary, investigate the backgrounds of the persons with whom the prisoner will be living during his period of confinement. If the Sheriff finds that any of these persons has been convicted during the last five years of a felony, of any crime involving moral turpitude or of any violation of a City ordinance involving moral turpitude, he shall disqualify the proposed place of extended confinement.

(4)

The Sheriff shall, as soon as his investigation allows, inform the prisoner of his acceptance or rejection of the proposed place of extended confinement. If the Sheriff accepts the proposed place of extended confinement, he shall proceed as prescribed in subsection (b) of this Section. If the Sheriff rejects the proposed place of extended confinement, he shall require the prisoner to propose an alternative place of extended confinement; provided, that the Sheriff may, by rule, prescribe the number of times that a prisoner may propose unacceptable places of extended confinement, after which no further proposals may be made and the prisoner's request for extended confinement shall be rejected.

(b)

Agreement. When a proposed place of extended confinement is accepted by the Sheriff, he shall enter into a written agreement with the owner, tenant or other person legally responsible for the place of extended confinement that, so long as the prisoner continues to reside in the place of extended confinement under this Chapter:

(1)

The Sheriff or his authorized representative may enter the place at any time for the purpose of visiting with the prisoner or ascertaining that the place remains suitable as a place of extended confinement. The Sheriff will not enter a place of extended confinement that is a private residence without informing the person in charge of his intention to do so and obtaining permission, unless he first obtains a warrant from a competent court authorizing him to enter.

(2)

No contraband articles, as defined in Section 642.102(a), will be permitted to be present in or to be brought into the place of extended confinement.

(3)

The prisoner will not be allowed to associate with persons engaged in criminal activities at the place of extended confinement, and these persons will not be allowed to enter the place of extended confinement.

(4)

Any special terms and conditions imposed by the court and involving the place of extended confinement will be strictly and carefully observed and complied with.

(5)

Any attempt, whether successful or not, by the prisoner to escape confinement at the place of extended confinement will promptly reported to the Sheriff.

(6)

The agreement may be terminated by the Sheriff at any time, with or without cause or notice.

(c)

Termination of agreement; revocation of place of extended confinement; new place of extended confinement. If the Sheriff finds that the place of extended confinement is no longer suitable under his rules, he may terminate the agreement required by subsection (b) of this Section and declare the place unacceptable as a place of extended confinement. Unless the prisoner's privilege under this Chapter is concurrently withdrawn or forfeited, the prisoner will be allowed to propose another place of extended confinement under this Section; until a new place is accepted by the Sheriff, the prisoner shall be returned to confinement in secure detention facilities, although he will be permitted to continue in the activities for which he was released on extended confinement.

(Ord. 84-473-282, § 1)