Alameda Berkeley PD Inspection Rpt 23-24 I (2023-2024 inspection cycle)

March , 2023 Jen Louis, Interim Chief of Police Berkeley Police Department 2100 Martin Luther King Jr. Way Berkeley, CA 94704 2023-2024 BIENNIAL INSPECTION OF BERKELEY POLICE DEPARTMENT, BERKELEY POLICE TYPE 1 JAIL FACILITY, PENAL CODE 6031 AND WELFARE AND INSTITUTIONS CODE SECTION 209(c) Dear Interim Chief Louis, On February 1, 2023, staff of the Board of State and Community Corrections (BSCC) provided pre-inspection briefings to the facility supervisor and staff outlining the purpose, process and documentation needed for the biennial inspection. Staff gave participants a complete preview of the visit and provided a schedule of the inspection. BSCC staff provided applicable checklists and answered any questions. On February 28, 2023, BSCC conducted the 2023-2024 biennial inspection of the Berkeley Police Department’s Type I, Adult Detention Facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuit to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; theTitle 15 Procedures Checklist outlining applicable minimum standards for the facility; the Physical Plant Evaluation outlining Title 24 requirements for the design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections, that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the City Health Department and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the City Health Department and the respective fire authorities Jen Louis Interim Chief of Police Page 2 for a comprehensive perspective of your facility. Local inspection reports are forwarded to your department under a separate cover. Each of the local inspections were current. Inspection Date Fire and Life Safety December 7, 2022 Medical and Mental Health December 2, 2022 Environmental Health December 2, 2022 Nutritional Health December 2, 2022 BSCCINSPECTION The inspection consisted of a review of the Berkeley Police Department’s Policy Manual that apply to Operations of the Adult Type 1 Jail, a site visit to review operations, physical plant and relevant documentation, and interviews with administration and facility staff. Title 15, CCR Minimum Standards Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring The BSCC monitors local detention facilities for compliance with JJDPA; in 2022, there were no minors held beyond the 6-hour limit in secure detention. Technical Assistance At the conclusion of the inspection, BSCC staff offered an outbrief of findings to facility management. This included an immediate review of the inspection and any noncompliance issues. It also included potential courses of action to ensure ongoing compliance in changes of operations. Finally, the outbrief provided managers with technical assistance in identifying hazards that may exist in the facility and how to mitigate the potential issues that may arise. 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 0165 Alameda Berkeley PD I LTR 23-24 Jen Louis Interim Chief of Police Page 3 Corrective Action Plan No areas of noncompliance were noted, and no corrective action is required. --- This concludes our inspection report for the 2023-2024 biennial inspection cycle of the Berkeley Police Department’s Type I Jail Facility. We would like to express our gratitude to Lieutenant Peter Hong, Sergeant Ryan Andersen, Detective Lionell Dozier, CSO Supervisor Alicia Escamilla-McNie and the on-duty staff. We look forward to assisting you with any technical assistance in the future. If you should have any questions, please contact me at (916) 956-3679 or email at dale.miller@bscc.ca.gov. Sincerely, DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: Mayor, City of Berkeley* City Manager, City of Berkeley* Presiding Judge, Superior Court, County of Alameda* Grand Jury Foreman, Superior Court, County of Alameda* Sergeant Ryan Andersen, Berkeley Police Department *Complete copies of this inspection are available upon request and at www.bscc.ca.gov. 0165 Alameda BerkeleyPD I LTR 23-24 ADULT TYPE I PROCEDURES CHECKLIST1 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are summaries of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION State Board of State & Community Corrections Inspection BSCC Code: 0165 FACILITY: Berkeley Public Safety Center TYPE: I RC: 38 FIELD REPRESENTATIVE: Dale Miller DATE: February 28, 2023 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S 1121 Holding 1999 1 7 (7) 13.9 X 6.5 X 8.6 Notes: Two benches –(1) 5’ 10” and (1) 7’ 5”. 1117 Safety 1999 1 1 (1) 8.6 X 6.5 X 8.6 1 1123 Safety 1999 1 1 (1) 10.2 X 6.2 X 8.6 1 1130 Safety 1999 1 1 (1) 6.7 X 8.1 X 8.6 1 1115 Sobering 1999 1 4 (4) 8.0 X 10.3 X 8.6 1 1 1 1129 Sobering 1999 1 4 (4) 9.6 X 8.5 X 8.7 1 1 1 1113 Double 1999 1 2 2 2 See Notes 1 1 1 1 Notes: irregular dimensions = 76.5 sq. ft. and 8’ 10” ceiling. 1114 Double 1999 1 2 2 2 See Notes 1 1 1 Notes: irregular dimensions = 80.2 sq. ft. and an 8’ 10” ceiling; uses female shower in room 1113. 1116 Dorm 1999 1 4 4 4 See Notes 1 1 1 1 Notes: irregular dimensions = 156 sq. ft. and 8’ 7” ceiling. This is a handicap accessible cell. There is a table and seating for 4 with a removable seat for a wheelchair. 1122 Double 1999 1 2 2 2 See Notes 1 1 1 Notes: irregular dimensions = 65 sq. ft. and 8’ 7” ceiling. 1133 Double 1999 1 2 2 2 See Notes 1 1 1 Notes: irregular dimensions = 68.7 sq. ft. and 8’ 7” ceiling. This is a handicap accessible cell. 1134 Double 1999 1 2 2 2 See Notes 1 1 1 Notes: irregular dimensions = 67 sq. ft. and 8’ 7” ceiling. This cell can be used for males or females. 1135 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 1136 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 1137 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 1138 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 1139 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 1140 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 Notes: room 1140 is a handicap accessible cell. There is a shower in room 1128. 1151 Dorm 1999 1 4 4 4 See Notes 1 1 1 1 Notes: Irregular Dimensions = 181 sq. ft. and 8’ 5” ceiling. 1152 Dorm 1999 1 4 4 4 See Notes 1 1 1 1 Notes: Irregular Dimensions = 182 sq. ft. and 8’ 5” ceiling. 1153 Dorm 1999 1 4 4 4 See Notes 1 1 1 1 Notes: Irregular Dimensions = 159 sq. ft. and 8’ 5” ceiling. This is a handicap accessible cell with a removable seat for a wheelchair. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets (), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 0165 Alameda Berkely PD I LASE 23-24 - 1 - A360 LAS Adult.dot (03/01) ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION Board of State & Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001 BSCC Code: 0165 FACILITY NAME: Berkeley Public Safety Center FACILITY TYPE: I APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: OTHER: FIELD REPRESENTATIVE: Dale Miller DATE: February 28, 2023 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) X Contains a weapons locker, designed as outlined in these regulations. Contains a cell or room for confinement pending booking X Contains a detoxification cell, where applicable Male and female sobering cells are available. 01: Name change to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA) X Three safety cells. Shower room available Shower is located in room 1128. X 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables X Inmate property is stored in room 1157. Telephone(s) available for inmate use (PC § 851.5) X Inmates use telephones in interview rooms. 2-99: Unobstructed access to hot and cold running water X Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear ceiling X height of 8 feet or more Contains sufficient seating to accommodate all inmates X Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X Temporary Staging Cell or Room (2.3) There are no cells of this type in the facility. X Holds inmates classified and segregated per Title 15 § 1050 and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X Contains 10 square feet of floor area per inmates and has a X clear ceiling height of 8 feet or more. Is at least 160 square feet X Contains sufficient seating to accommodate all inmates X Contains water closets (toilets), wash basins and drinking X fountains as specified by these regulations Provides for clear visual supervision by staff X 0165 Alameda Berkeley PD I PHY 23-24 - 1 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Detoxification/Sobering Cell (2.4) Two sobering cells are available to separate male 01: Name change to “sobering cell.” X and female intoxicated inmates. Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear ceiling X height of 8 feet or more Contains a water closet (toilet) wash basin and drinking X fountain as specified by these regulations Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure portion of the Shower is in room 1128. X facility Safety Cell (2.5) Three safety cells available to separate inmates. X Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the floor, X with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which provide a X view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from the bottom of X the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible to X inmate occupant. Single Occupancy Cells (2.6) No single cells. X Maximum capacity of one inmate Contain a minimum of 60 square feet of floor area in Type I X facilities and 70 square feet in Type II and III facilities Have a minimum clear ceiling height of 8 feet and a X minimum width of 6 feet Contain a water closet (toilet), washbasin and drinking X fountain Contain a bunk, desk and seat (Desk and seat not required in X Type I facilities.) Double Occupancy Cells (2.7) X Maximum capacity of two inmates Contain a minimum of 60 square feet of floor area in Type I X facilities and 70 square feet in Type II and III facilities Have a minimum clear ceiling height of 8 feet and a X minimum width of 6 feet Contain a water closet (toilet), washbasin and drinking X fountain 0165 Alameda Berkeley PD I PHY 23-24 - 2 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Contain 2 bunks, 1 desk and 1 seat (Desk and seat not X required in Type I facilities.) Dormitories (2.8) Female dorm (room 1116) has approximately 156 (Note: 2001 regulations reduced the double bunk sq. ft. RC for this dorm is 4. requirement from 75 to 70 square feet and added provision for triple bunks. This is the “least restrictive standard.”) Male dorms (rooms 1151, 1152, and 1153) have approximately 181 sq. ft, 182 sq. ft., and 159 sq. Contain at least 50 square feet of floor area per inmate for ft. respectfully. RC for each of these dorms is 4. single bed units; at least 70 square feet of floor space per inmate for double bed units; and, at least 90 square feet for X triple bed units. Eight foot clear ceiling height required. (To calculate double bunked RC: 70 square feet divided by 2 inmates = 35 square feet + 35 square feet dayroom = 70 square feet per inmate. To calculate triple bunked RC: 90 square feet divided by 3 inmates=30 square feet + 35 square feet dayroom=65 square feet per inmate.) Designed for nor fewer than 4 and no more than 64 inmates X Provide access to toilets separate from washbasins and X drinking fountains Provide storage space for each inmate's personal items (NA X Type I) Dayrooms (2.9) This Type I facility houses no inmate workers. X Required for inmates in Type II and III facilities - excluding "special use" cells - and inmate workers in Type I facilities) Contain 35 square feet of floor area per inmate, exclusive of 3 foot wide corridors in front of cells/rooms X 2-99: Deleted 3 foot corridor in front of cells/rooms Contain tables and seating to accommodate the maximum number of inmates allowed access at a given time. (Note X 2001 revisions added reference to access at a given time and are the least restrictive standard.) Exercise Area (2.10) Provided in Type II and III facilities. Type IV facilities X must have a recreation area or provide community access to one. Clear height of 15 feet X Has required surface area: 80 % of maximum rated inmate capacity, multiplied by 50 square feet, divided by number of X one-hour exercise periods per day, equals the required surface area. 2-99: Provides free access to a toilet, washbasin and X drinking fountain Provides adequate security X Program/Multipurpose Space (2.11) (NA Type I) X There is sufficient area and furnishings to meet the needs of the facility programs. (See regulation for discussion of applicability to Type IV.) 0165 Alameda Berkeley PD I PHY 23-24 - 3 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Medical Examination Room (2.12) There is one suitably equipped medical exam room in every Type II or III facility designed to house 25 or more inmates. X 2-99: Required in all facilities that provide on-site health care. Located within the security area and provide for privacy of X inmates Not less than 100 square feet of floor space with no single X dimension less than 7 feet Provide hot and cold running water 2-99: Hot and cold running water in any room where X medical procedures are provided 2-99: Lockable storage for medical supplies X Pharmaceutical Storage Space (2.13) Prescription medication is secured in the control room in a locked drawer. X There is lockable storage space for medical supplies and pharmaceuticals (Title 15 § 1216). Medical Care Housing (2.14) X Applicable to Type II and III facilities where the facility program indicates special medical care housing is needed. Housing is located within the security area, accessible to both male and female inmates, but not in the living area of X either. Provides lockable storage area for medical instruments X 2-99: Negative pressure isolation rooms are designed to the X community standard. Hare Care Space (2.15) X Space and equipment are available. 2-99: Requirement deleted. Commissary (2.16) (NA Type I) X Inmates can purchase specified items. There is secure storage for commissary stock. 01: Revisions limit requirement for secure storage to X circumstances when commissary supplies are kept within the security perimeter. Dining Facilities (2.17) (NA Type I) X There is 15 square feet and sufficient tables and seating for each inmate being fed. Dining space does not include toilets, washbasins or showers, without an appropriate visual barrier. X 2-99: Visual barrier requirement deleted for washbasins Visiting Space (2.18) There are three visiting rooms; one is handicap X accessible. There is sufficient visiting area. 0165 Alameda Berkeley PD I PHY 23-24 - 4 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Safety Equipment Storage (2.19) X Adequate space is provided to store equipment such as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) A securely lockable janitor’s closet provides sufficient X storage for cleaning implements and supplies and is located within the security area (Type II only). A mop sink is available within the security area (Type II). It may be outside the security area in CH, TH and, Types I, X III & IV. Audio or Visual Monitoring (2.22) (NA Type III and IV housing only minimum security inmates) There is an audio monitoring system capable of alerting X staff in a central control. When visual electronic surveillance is use, it is located primarily in corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Laundry Facilities (2.23) X Type IV facilities make provision for washing and drying personal laundry. Emergency Power (2.24) There is an emergency power source available and capable X of providing minimal lighting in all areas and maintaining fire and life safety, security, communication and alarm systems. Confidential Interview Rooms (2.25) There is at least one suitably furnished confidential interview room in every Type II facility designed for 25 or X more inmates. 2-99: Applicable to every facility which provides on-site health care Located in the security area, accessible by both male and X female inmates Provides at least 70 square feet floor area with no single X dimension less than 6 feet Attorney Interview Space (2.26) (NA Type IV) X Available and provides for confidentiality 0165 Alameda Berkeley PD I PHY 23-24 - 5 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; one is provided in every single and double occupancy cell and at the following ratio elsewhere: 1:10 in dormitories (changed from 1:8 in 2001); X 1:8 in detoxification/sobering cells; 1:16 in holding cells; 1:20 in exercise areas; and, Accessible to dayroom occupants no specified ratio. 2-99: Accessible at no specified ratio in exercise areas See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; one is provided in every single and double occupancy cell and at the following ratio elsewhere: 1:10 in dormitories (changed from 1:8 in 2001); X 1:8 in detoxification/sobering cells; 1:20 in exercise areas; and, Accessible to dayrooms at no specified ratio. 2-99: Accessible in exercise areas at no specified ratio See regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) One is provided in every single and double occupancy cell and in dormitories. Accessible to inmates in dayrooms X 2-99: One is provided in every single and double occupancy cell, holding and staging cells and detoxification cells. It must be accessible to inmates in dayrooms and exercise areas. The water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the X outlet (bubbler). There is a mouth guard on the water outlet. 2-99: Mouth guard requirement deleted Showers (3.4) Available at a ratio of 1:20; provide hot and cold or tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and X soap so that they may be easily cleaned. 2-99: Ratio changed from 1:16; specified that shower areas must provide modesty for inmates, with staff ability to supervise. Beds/Bunks (3.5) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type or concrete; X securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. 0165 Alameda Berkeley PD I PHY 23-24 - 6 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Lighting (3.6) Lighting in housing units, dayrooms and activity areas is sufficient to permit easy reading by a person with normal vision, and is not less than 20 foot-candles at desk level and in the grooming area. Night lighting is sufficient for X purposes of supervision. Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design in areas higher than minimum security. Windows (3.7) In housing areas higher than minimum security, windows X that are accessible to inmates are no greater than 5 inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and everything on them X are padded. All padded cells are equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; X firmly bonded to all surfaces; and, without exposed seams. Mirrors/Shelves/Clothes Hooks (3.9) X A mirror of a material appropriate to the level of security is provided near each washbasin. Consistent with security needs, shelves and clothes hooks are provided wherever feasible. X 2-99: Requirement for shelves and hooks deleted Clothes hooks are of a collapsible hook type X 2-99: Requirement for hooks deleted Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per X inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Table/Seat (3.11) (NA Type I) This is a Type 1 Facility. X A table and seat is provided in single and double occupancy cells. 0165 Alameda Berkeley PD I PHY 23-24 - 7 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Weapons Locker (3.12) (NA type IV and Minimum Security Facilities) X A secure weapons locker is located outside the security perimeter of the facility and no weapons are brought into the security area. Lockers have individual compartments, locks and keys. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 X are met. (See regulation for specific requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the “comments”section.) 0165 Alameda Berkeley PD I PHY 23-24 - 8 - A383 PHY Type 94 99 01.dot (03/01)