Bob Walsh
Stockton, CA
Male, 60
I worked for the California state system, starting as a Correctional Officer and retiring as a Lieutenant in 2005. I now write for the PacoVilla blog which is concerned with what could broadly be called The Correctional System.
Good question. I am not sure I have as good answer. A person on bond is still in a form of constructive custody, but you are legally in the custody of the bondsman and not the government. My educated guess is YES. However, were I her, I would NOT do so until your legal matters had been fully adjudicated or it could result in some fallout in her direction.
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I dealt only with convicted felons doing time, not pre-trial detainees. That being said a person in custody can request pretty much anything they want pretty much any time they want it. That doesn't mean they will get it. Unless a person is obviously mentally disturbed or is asserting that they intend to hurt themselves or others I am unsure how quickly jail staff would act in those cases. I expect it depends on the individual jurisdiction.
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Sorry, but there were no regulations concerning ink when I was working. I am unaware if there are any now. Wish I could be more helpful. I BELIEVE the officer orientation packet for California is on line, you could probably access it and see what it has to say.
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If the felon is still under the jurisdiction of the department (i.e. on parole, probation or other sort of supervised release) then the short answer is YES. In most jurisdictions it is actually a crime for a staff member, especially a peace officer, to engage in a sexual relationship with a person under the jurisdiction of their department due to the power imbalance. It is legally considered rape and is likely to get the officer fired and prosecuted. If the relationship is merely social and not sexual (which might be hard to prove) it would still get the officer fired. Even if the person is no longer on parole, probation or whatever there are still POSSIBLE problems relating to access to firearms and ammunition. This is one of those questions you might want to run by a lawyer in your state for hard facts.
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What happens next is that someone, usually a Lieutenant, holds a hearing on the administrative charge and determines what, if any, punishment will be applied.
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I'm sorry, when you wrote and said you weren't supposed to CALL I thought you meant you were not suppose to CALL. If what you really meant is you are not supposed to contact them in any fashion then probably you should not contact them.
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That would be up to your employer. If he were in the state prison system it would be highly problematic. They do not allow immediate family to work at a facility where a family member is housed without a waiver from the Secretary of the Dept. of Corrections. You would have to check with your agency about their policy. Of course, if they don't know about the relationship now your inquiry will let them know about it and they might transfer him, or you. As far as I know they can't prevent you from marrying him, but they can prevent you from working at a facility where he is housed. Short answer is yes, it would probably be an issue.
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