Alameda Fremont PD Inspection Rpt 23-24 TH (2023-2024 inspection cycle)

March 10, 2023 Sean Washington, Chief of Police Fremont Police Department 2000 Stevenson Blvd Fremont, CA 94538 2023-2024 BIENNIAL INSPECTION OF FREMONT POLICE DEPARTMENT, FREMONT POLICE TEMPORARY HOLDING FACILITY, PENAL CODE 6031 Dear Chief Washington, 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 reasons for the inspection, process, and necessary documentation 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 27, 2023, staff of the BSCC conducted the 2023-2024 biennial inspection of the Fremont Police Department Temporary Holding 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). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation outlining Title 24 requirements for design; and a 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. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer 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 County Health Officer and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your office under a separate cover. Inspection Date Fire and Life Safety February 15, 2023 Medical and Mental Health July 19, 2022 Environmental Health March 30, 2022 Sean Washington Chief of Police Page 2 BSCC INSPECTION The inspection consisted of a review of the Fremont Police Department Policy Manual that applies to Temporary Holding Operations of Adults, a site visit to review operations, physical plant and relevant documentation, and interviews with administration and facility staff. There were no inmates in custody at the time of the inspection, no interviews were conducted with inmates. Title 15, CCR Inspection 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. 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. Corrective Action Plan No areas of noncompliance were noted, and no corrective action required. --- This concludes our inspection report for the 2023-2024 biennial inspection cycle of the Fremont Police Department Temporary Holding Facility. We would like to express our gratitude to Lieutenant Paul McCormick, Detention Supervisor Gener Caguyong, and Detention Supervisor Jessica Wakamatsu who assisted during the inspection. We look forward to working with you in the future to provide technical assistance. If you should have any questions, please contact me at (916) 956-3679 or email at dale.miller@bscc.ca.gov. 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. 0181 Alameda Fremont PD TH LTR 23-24 Sean Washington Chief of Police Page 3 Sincerely, Dale Miller Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Fremont* City Manager, City of Fremont* Presiding Judge, Superior Court, County of Alameda* Paul McCormick, Lieutenant, Fremont Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0181 Alameda Fremont PD TH LTR 23-24 ADULT TEMPORARY HOLDING (TH) 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. 0181 Alameda Fremont PD Procedures Checklist Adult TH PRO  Fremont Police Facility: 2000 Stevenson Boulevard, Fremont, CA, 94538 Status: DONE Inspection Date: 02/27/2023 Inspection Completed by Dale Miller §1024 Court Holding and Temporary Holding Facility Training  At a minimum, all supervisors of and personnel who supervise incarcerated persons in, a Court Holding or Temporary Holding facility shall complete eight hours of specialized corrections training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; (c)separation of incarcerated persons; (d) emergency procedures and planning, re and life safety; and; (e) suicide prevention; (f) de-escalation; (g) juvenile procedures; (h) racial bias; and, (i) mental illness. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors  Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility. Successful completion of Core training or supplemental Core training, pursuant to Section 1020, Corrections Ocer Core Course, may be substituted for the initial eight hours of training.  A total of eight hours of refresher training shall be completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. Inspector Notes During this last inspection cycle, Fremont Police Department changed the operation of their Type 1 Jail to a Temporary Holding Facility. Fremont Police Department, Detention Facility Procedure Manual (PM) A-1 Minimum Training Standards for Detention Staff All new DOs shall complete the "Corrections Ocers Core Course" as described in Section 179 of Title 15, CCR. Such training will be completed within a year of the employee’s hire date. All newly appointed Detention Supervisors shall complete the Corrections Ocer Core Training pursuant to Section 1020, Title 15, CCR. All Detention Personnel, to include the Manager and Administrator, shall participate in the "annual required training" specied in Section 184 of Title 15, CCR. BSCC reviewed training records and found that they have one new employee under six months who is scheduled for training. §1027 Number of Personnel  A sucient number of personnel shall be employed in each local detention facility to ensure the implementation and operation of the programs and activities required by these regulations.  Whenever there is a person in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local detention facility who shall be immediately available and accessible to incarcerated people in the event of an emergency.  Such an employee shall not have any other duties which would conict with the supervision and care of incarcerated people in the event of an emergency.  Whenever one or more females are in custody, there shall be at least one female employee who shall be immediately available and accessible to such females. Note: Reference PC§ 4021.  To determine if there is a sucient number of personnel for a specic facility, the facility administrator shall prepare and retain a stang plan indicating the personnel assigned in the facility and their duties. Such a stang plan shall be reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having scal responsibility for the facility. Inspector Notes PM A-2 Detention Stang and Rotation 2.All Detention Ocers shall successfully complete the Corrections Ocer Core Course within one year from date of assignment. 3.At least one employee shall be immediately available and accessible to prisoners in the event of an emergency and who shall not have any other duties which would conict. 4.Whenever one or more female prisoners are in custody, a female detention ocer shall be on duty to immediately respond to the needs of female prisoners. BSCC staff reviewed duty assignments, work schedule, and safety checks. There appears to be adequate stang for this facility and operation. §1027.5 Safety Checks The facility administrator shall develop and implement policy and procedures for conducting safety checks  that include, but are not limited to, the following:  (a)Safety checks will determine the safety and well-being of individuals and shall be conducted at least hourly through direct visual observation of all people held and housed in the facility.  (b)There shall be no more than a 60-minute lapse between safety checks.  (c)Safety checks for people in sobering cells, safety cells, and restraints shall occur more frequently as outlined in section 1055, section 1056, and section 1058 of these regulations.  (d)Safety checks shall occur at random or varied intervals.  (e)There shall be a written plan that includes the documentation of all safety checks.  Documentation shall include: (e)(1) the actual time at which each individual safety check occurred;  (e)(2) the location where each individual safety check occurred, such as a cell, module, or dormitory number; and,  (e)(3) Initials or employee identication number of staff who completed the safety check(s).  (f)A documented process by which safety checks are reviewed at regular dened intervals by a supervisor or facility manager, including methods of mitigating patterns of inconsistent documentation, or untimely completion of, safety checks. Inspector Notes PM C-13 Inspection-Cell Checks III.B.1. The Booking DO will conduct a visual observation performed at random intervals twice an hour of all Housing Cells and Temporary Holding Cells. DO conducting the cell checks will record the time the checks were completed. III.C. Sobering Cells III.D. Safety Cell BSCC staff reviewed random safety check logs from March 2022 through February 2023. All checks that were reviewed meet the requirements of this section. Supervisors are now reviewing the checks twice a day. §1028 Fire and Life Safety Staff  Whenever there is a person in custody, there shall be at least one person on duty at all times who meets the training standards established by the Board for general re and life safety. (Penal Code section 6030[c])  The facility manager shall ensure that there is at least one person on duty who trained in re and life safety procedures that relate specically to the facility. Inspector Notes PM A-03 Fire and Life Safety III.A. All Detention ocers assigned to work in the Detention Facility shall meet the training standard established by the Board in general re and life safety. All personnel are trained in re and life safety as it relates to the facility. §1029 Policy and Procedures Manual  Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure condentiality. Subsections (c) and (d) do not apply and have been deleted.  (a)The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (a)(1) Table of organization, including channels of communications.  (a)(2) Inspections and operations reviews by the facility administrator/manager.  (a)(3) Policy on the use of force that meets current state and federal legal requirements and includes prohibition of the use of carotid restraint and choke holds.  (a)(4) Policy on the use of restraint equipment, including the restraint of pregnant persons as referenced in Penal Code Section 3407.  (a)(5) Procedure and criteria for screening newly received persons for release.  (a)(6) Security and control including:  physical counts,  searches of the facility and incarcerated persons,  contraband control, and  key control.  Each facility administrator shall, at least annually, review, evaluate, and make a record of security measures. The review and evaluation shall include internal and external security measures of the facility including security measures specic to prevention of sexual abuse and sexual harassment.  (a)(7) Emergency procedures include:  (a)(7)(A) re suppression preplan as required by section 1032 of these regulations;  (a)(7)(B) escape, disturbances, and the taking of hostages;  (a)(7)(C) mass arrests;  (a)(7)(D) natural disasters;  (a)(7)(E) periodic testing of emergency equipment; and  (a)(7)(F) storage, issue, and use of weapons, ammunition, chemical agents, and related security devices.  (a)(8) Suicide Prevention.  (a)(9) Separation of incarcerated persons.  (a)(10) Zero tolerance in the prevention of sexual abuse and sexual harassment.  (a)(11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or person after reporting any abuse.  (a)(12) Release policy, including release planning for incarcerated persons.  (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (e)(1) multiple internal ways for incarcerated people to privately report sexual abuse and sexual harassment, retaliation by other incarcerated persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents,  (e)(2) a method for uninvolved incarcerated persons, family, community members, and other interested third parties to report sexual abuse or sexual harassment. The method for reporting shall be publicly posted at the facility. Inspector Notes Fremont Police Department, Detention Facility Procedure Manual (PM) is a series of Orders that have been reviewed and revised. The last review and/or revision was April 11, 2022. In addition to the PM, the Fremont Police Department has a Policy Manual (FPDM) that covers some topics related to this inspection and may supersede the facility manual. PM B-1 Population Accounting PM B-5 Chain of Command PM C-03 Housing and Segregation PM F-4 Medical Screening of Prisoners PM G-07 Suicide Prevention Plan PM K-2 Cell Inspections PM K-7 Detention Manager Inspections PM L-2 Fire Suppression Pre-Planning PM L-6 Safety Equipment PM L-8 Escape or Attempted Escape PM L-09 Hostage PM L-10 Riot PM L-11 National Disaster PM L-13 Mass Arrests PM N-2 Intake Booking PM N-20 Prison Rape Elimination Act (PREA) B. Reporting Sexual Abuse and Harassment PM R-02 Bail Release PM R-03 Release of Prisoners - Citation FPDM 300 De-escalation and Use of Force FPDM 300.4.7 Restriction on the Use of The Carotid Restraint and Choke Hold FPDM 303 Handcung and Leg Restraint Device (The WRAP) FPDM 303.3.2 Restraint of Pregnant Persons BSCC staff requested and received the Administrator's Annual Security Review dated February 28, 2023. BSCC staff veried that there were signs posted in the holding area and public area advising on how to report sexual assault and sexual abuse of persons in custody. §1030 Suicide Prevention Program  The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following:  (a)Suicide prevention training for all staff that have direct contact with inmates.  (b)Intake screening for suicide risk immediately upon intake and prior to housing assignment.  (c)Provisions facilitating communication among arresting /transporting ocers, facility staff, medical and mental health personnel in relation to suicide risk.  (d)Housing recommendations for inmates at risk of suicide.  (e)Supervision depending on level of suicide risk.  (f)Suicide attempt and suicide intervention policies and procedures.  (g)Provisions for reporting suicides and suicides attempts.  (h)Multi-disciplinary administrative review of suicides and attempted suicides as dened by the facility administrator. Inspector Notes PM C-01 Classication PM C-9 Safety Cell Check Log PM F-4 Medical Screening of Prisoners PM G-6 Death of a Prisoner PM G-7 Suicide Prevention Plan PM G-12 Attempted Suicide III.B. All Detention personnel are sent to a Corrections Ocer Core Training Module within a year of hire, including in-house Jail Training program on suicide prevention training. III.D. Pre-Booking and Booking of Prisoners III.E. There will be an operational review of every in-custody death. §1032 Fire Suppression Preplanning  Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local re department having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for re suppression which shall include, but not be limited to:  (a)a re suppression pre-plan developed with the local re department to be included as part of the policy and procedures manual (Title 15, California Code of Regulations Section 1029);  (b)monthly re prevention inspections by facility staff with two-year retention of the inspection record;  (c)re prevention inspections as required by Health and Safety Code Section 13146.1(a) and (b) which requires inspections at least once every two years;  (d)an evacuation plan; and  (e)a plan for the emergency housing of incarcerated people in the case of re. Inspector Notes PM L-2 Fire Suppression Pre-Planning PM L-3 Fire PM L-4 Personnel Response to Fire PM L-5 Fire Inspections III.B. Detention Supervisor responsible for re prevention inspections will complete the Fire Safety Inspection Guide monthly and record the results in the Inspection Log. PM L-5 Fire Inspections III.C. Local re agency shall conduct a biennial re inspection of the Detention Facility. PM L-12 Evacuation Procedures BSCC staff reviewed the monthly re and life safety inspections from the last two years. The Fremont Fire Department inspected the city jail on February 15, 2023, and there were no issues identied. §1044 Incident Reports  Each facility administrator shall develop written policies and procedures for the maintenance of written records and reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or incarcerated person of a detention facility or other person.  Such records shall include the names of the persons involved, a description of the incident, the actions taken, and the date and time of the occurrence.  Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility manager or designee. Inspector Notes PM B-3 Jail Incident Reports III.B.1. Any incident that occurred inside the Detention Facility, which caused physical harm or serious threat of physical harm to an employee, prisoner, or another person. III.F. Jail Incident Reports shall be submitted to the Detention Manager BSCC staff requested to review all major incidents that had occurred in the detention facility in the last year. There were no reported incidents. §1046 Death in Custody  (a)Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ensure that there is an initial review of every in-custody death within 30 days. The review team at a minimum shall include the facility administrator or designee, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident.  Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or practices are warranted; and to identify issues that require further study.  (b)Death of a Minor In any case in which a minor dies while detained in a jail, lockup, or court holding facility:  (b)(1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy of the report shall be submitted within 10 calendar days after the death.  (b)(2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. Inspector Notes PM G-6 Death of a Prisoner III.F.2. Within thirty (30) days of an inmate death, an initial review of the circumstances surrounding the death shall be held. The review shall be attended by the Facility Manager, the Administrative Captain, a Health Services Administrator (if applicable) and any other health care or jail staff who are relevant to the incident. a.The appropriateness of the clinical care b.The need for changes to policies and procedures c.Issues that require further study. PM M-4 Minors – Death while in Custody The Fremont Detention facility does not incarcerate Minors. Detention Administrator shall provide the BSCC, within ten (10) days after the death of a minor, a copy of the report required by Government Code Section 12525. BSCC staff requested reports of deaths in the facility. There have been no deaths in the last two years. §1050 Classication Plan  (a)Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classication plan designed to properly assign incarcerated persons to housing units and activities according to the categories of gender identity, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the incarcerated people and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classication plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classication level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.)  (c)In deciding housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the health and safety of the incarcerated person, and whether the placement would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. Inspector Notes PM C-1 Classication III.E. The Classication contains the following criteria: 1.Male and Female 2.Parole/Probation Status 3.Gang Aliation 4.Battery, Assault 5.Past or Present Law Enforcement Aliation 6.Law Enforcement Informant 7.Protective Custody 8.Seriousness of the Current Charges 9.Criminal Sophistication 10.Under the Inuence 11.Assault History or Behavior 12.Mind Set/Attitude 13.Sexual Preference 14.Special Physical Needs 15.Keep Separate Request BSCC staff reviewed the intake questions and found that the classication questions meet the requirements of this section and include questions regarding a person's own views with respect to their own safety. §1051 Communicable Diseases  The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed.  At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether the person has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or any other communicable diseases, or other special medical problem identied by the health authority. The response shall be noted on the medical screening from. Inspector Notes PM F-3 Communicable Diseases Prisoners with known cases of active communicable diseases will not be accepted for housing in the facility. Prisoners refused admittance should be examined by qualied medical personnel and evaluated for incarceration in the County Jail or hospitalization. BSCC staff reviewed the facility intake questions and found that persons are asked about communicable diseases and symptoms. §1052 Behavioral Crisis Identication  The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures to identify and evaluate all incarcerated people who may be in behavioral crisis. Evaluation of behavioral crisis may include telehealth.  If an evaluation from medical or mental health staff is not readily available, an incarcerated person shall be considered in behavioral crisis for the purpose of this section if they appear to be a danger to themselves or others or appear gravely disabled.  An evaluation from medical or mental health staff shall be secured within 24 hours of identication or at the next daily sick call, whichever is earliest.  Separation may be used if necessary, to protect the safety of the person in crisis or others. Inspector Notes PM C-1 Classication PM C-2 Mentally Disordered Prisoners III.B. An evaluation from medical staff or mental health staff shall be secured within 24 hours of identication. III.B.1. Any prisoner brought to the facility for booking who exhibits the behavior of a mentally disordered person shall be referred to a medical facility or the county jail. §1053 Administrative Separation  Except for Type IV facilities, facility administrators shall develop and implement policies and procedures for the administrative separation of incarcerated people. Policies and procedures must include:  (a)Administrative separation may consist of separate housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of protecting the welfare of incarcerated people and facility staff.  (b)Administrative separation must not adversely affect an incarcerated person’s health.  (c)Administrative separation may be used for incarcerated people who have: (1) A documented history of activity or behavior, or promoting such activity or behavior, that is criminal in nature, disruptive to facility operations, or affects the safety of the facility, other incarcerated people, and facility staff. (2) Inuenced or participated in activity that is criminal in nature, disruptive to facility operations or affects the safety of the facility, other incarcerated people, and facility staff. (3) Committed assault, attempted assault, or participated in a conspiracy to assault or harm other incarcerated persons or facility staff. (4) A history of escape or have recently attempted escape. (5) A demonstrated need for protection from other incarcerated people.  (d)Documentation indicating the necessity of administrative separation to obtain the objective of protecting the welfare of incarcerated people and facility staff.  (e)A documented individualized ongoing review and evaluation of the need to continue placement in administrative separation. Inspector Notes PM C-3 Housing and Segregation III.B. Due to the limits of the available number of distinct cells in the facility, prisoners who need administrative segregation will be transferred to the county jail. In practice, persons that indicate the necessity for separation are sent to County Jail. This is now a temporary holding facility and no persons are held over 24 hours. §1055 Use of Safety Cell  The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others.  The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate authority to place an incarcerated person in a safety cell to a physician. Policies and procedures shall include, but not be limited to:  (a)In no case shall the safety cell be used for punishment or as a substitute for treatment.  (b)A person shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible health care staff; continued retention shall be reviewed a minimum of every four hours.  (c)A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be medically cleared for continued retention, referral to advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter.  (d)The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement.  (e)Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15- minute lapse between safety checks. Such observation shall be documented.  (f)Procedures shall be established to assure administration of necessary nutrition and uids.  (g)People placed in the safety cell shall be allowed to retain sucient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specic identiable risks to the person's safety or to the security of the facility are documented. Inspector Notes PM C-4 Safety Cell III.A. Safety Cell will be used to house those prisoners who display behavior, which results in the destruction of property within the Detention Facility or reveals intent to cause physical harm to self or others. III.B. Safety Cell shall not be used for punishment or as a substitute for treatment. BSCC staff reviewed policies and found they meet the requirements of this section. No logs were reviewed, because the safety cells have not been used since the facility was redesignated a temporary holding. §1056 Use of Sobering Cell  The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for temporary holding of incarcerated people who are a threat to their own safety or the safety of others due to their state of intoxication.  A person shall be removed from the sobering cell as soon as they are able to continue the admission process or are no longer a risk to themselves or others.  In no case shall a person remain in a sobering cell over six hours without an evaluation by medical or custody staff to determine whether the person has an urgent medical problem, pursuant to section 1213 of these regulations.  At 12 hours from the time of placement, all persons must receive an evaluation by responsible health care staff.  Intermittent direct visual observation of people held in the sobering cell shall be conducted no less than every half hour. Such observation shall be documented. Inspector Notes PM C-5 Use of Sobering Cells III A.Sobering Cells shall be used for the housing of prisoners who need the sheltered environment of a Sobering Cell until they are suciently sober to be booked and released or moved into general population. B.The Booking DO shall remove a prisoner from a Sobering Cell as soon as reasonable, and in no case shall a prisoner remain in a Sobering Cell longer than six (6) hours without being examined by qualied medical personnel, e.g., a physician. C.The Booking DO shall monitor intoxicated prisoners housed in the Sobering Cells at least once every thirty (30) minutes, on a random basis. BSCC requested to review all uses of the sobering cells in the last year. There was only one use of a sobering cell since August 2021 which meets the requirements of this section. In practice, the agency has adopted a process of booking excessively intoxicated individuals directly into the county jail. §1057 Developmental Disabilities  The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the identication and evaluation, appropriate classication and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities  The health authority or designee shall contact the regional center for any incarcerated person suspected or conrmed to have a developmental disability for the purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. Inspector Notes PM C-6 Developmentally Disabled Prisoners - The Detention Supervisor shall observe and interview the prisoner and upon determination that the prisoner is indeed developmentally disabled shall notify the Detention manager or watch commander who arrange transfer of the prisoner to a medical facility or the county jail. Since this is a temporary holding facility, no one is held over 24 hours. §1058 Use of Restraint Devices  The facility administrator, in cooperation with the responsible physician, shall develop and implement written policies and procedures for the use of restraint devices. Restraint devices include any devices which immobilize extremities or prevent the incarcerated person from being ambulatory. The provisions of this section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a)The policy shall address the following areas: N/A (a)(1) acceptable restraint devices; N/A (a)(2) signs or symptoms which should result in immediate medical/mental health referral; availability of N/A cardiopulmonary resuscitation equipment; (a)(3) protective housing of restrained persons; N/A (a)(4) provision for hydration and sanitation needs; and, N/A (a)(5) exercising of extremities. N/A (b)Policy shall also include, but not be limited to, the following requirements: N/A (b)(1) In no case shall restraints be used for punishment or as a substitute for treatment. N/A (b)(2) Restraint devices shall only be used on incarcerated people who display behavior which results in the N/A destruction of property or reveal an intent to cause physical harm to self or others. (b)(3) Restraint devices should be used only when less restrictive alternatives, including verbal de- N/A escalation techniques, have been attempted and are deemed ineffective. (b)(4) An incarcerated person shall be placed in restraints only with the approval of the facility manager, the facility watch commander, or responsible health care staff; continued retention shall be reviewed a N/A minimum of every hour. (b)(5) Continuous direct visual observation shall be maintained until a medical opinion can be obtained. N/A (b)(6) A medical opinion on placement and retention shall be secured within one hour from the time of N/A placement. (b)(7) A medical assessment shall be completed within four hours of placement. N/A (b)(8) Continuous direct visual observation shall be conducted at least twice every 30 minutes to ensure N/A that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. While in restraint devices all incarcerated persons shall be housed alone or in a specied housing area which makes provisions to protect the person from abuse. (b)(9) If the facility manager, or designee, in consultation with responsible health care staff determines that N/A an incarcerated person cannot be safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (b)(10) Where applicable, the facility manager shall use the restraint device manufacturer’s recommended N/A maximum time limits for placement. (b)(11) All events and information related to the placement in restraints shall be documented and shall be N/A video recorded unless exigent circumstances prevent staff from doing so. The documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. Inspector Notes FPDM 303 Handcung and Leg Restraint Device The agency has a policy on use of restraints, but no one is held in restraints inside the adult detention facility. In practice, anyone placed in restraints in the facility are immediately transported to county jail or a medical facility. §1058.5 Restraints and Pregnant Persons  The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: (1)An incarcerated person known to be pregnant or in recovery after delivery or termination of the  pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body.  (2)An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public.  (3)Restraints shall be removed when a professional who is currently responsible for the medical care of an incarcerated pregnant person during a medical emergency, labor, delivery, or recovery after delivery or termination of the pregnancy determines that the removal of restraints is medically necessary.  (4)Upon conrmation of an incarcerated person’s pregnancy, they shall be advised, orally or in writing, of the standards and policies governing incarcerated pregnant people. Inspector Notes FPDM 303.3.2 Restraint of Pregnant Persons In practice, any persons known to be pregnant are released or transported to county jail. If a person needs to be restrained or is known to be pregnant, the person is transported to an appropriate facility. They are not held in this facility. §1067 Access to Telephone  The facility administrator shall develop written policies and procedures which allow access to a telephone or communication device beyond those telephone calls which are required by Section 851.5 of the Penal Code. Individuals who are known to have, or are perceived by others as having hearing or speech impairments shall be provided access to the appropriate telecommunication device which will facilitate communication. Such devices may include but are not limited to videophones, teletypewriters, or third- party communications assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. Inspector Notes PM D-4 Telephones - Prisoners has the right to make three (3) completed telephone calls immediately upon being booked and no later than three (3) hours after arrest. PM D-4 III.H. Hearing-Impaired prisoners shall be provided access to telephone calls upon being booked into the facility. The computers in Pre-Booking Area and Booking Area each have an ODI Video Sign Language Interpreter System and the Booking DO and or patrol ocer can assist the hearing-impaired prisoner during the intake process. §1068 Access to Courts and Counsel  The facility administrator shall develop written policies and procedures to ensure incarcerated persons have access to the court and to legal counsel. Such access shall consist of:  (b)condential consultation with attorneys. Inspector Notes PM D-5 Access to Courts and Counsel - Prisoners in the Fremont Detention Facility will have access to the Courts and Counsel while incarcerated. Prisoner/Counsel visitations shall be condential. §1080 Rules and Disciplinary Actions Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary N/A actions to guide the conduct of incarcerated persons. Such rules and disciplinary actions shall be stated simply and armatively and posted conspicuously in N/A housing units and the booking area or issued to each person upon booking. For those individuals with limited literacy, who are unable to read English, and for persons with disabilities, N/A provision shall be made for the jail staff to instruct them verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and actions. Inspector Notes PM E-1 Adult-Temporary Loss of Privileges - III.2. Fremont Detention Facility does not discipline prisoners. §1081 Plan for Discipline of Incarcerated Persons If discipline is NOT administered, written policy should indicate as such. If discipline is administered, N/A Sections 1080, 1081, 1082, 1083 and 1084 apply. Each facility administrator shall develop written policies and procedures for discipline of incarcerated persons. The plan shall include, but not be limited to, the following elements: (a)Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, N/A staff may impose a temporary loss of privileges, such as access to television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b)Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or N/A repetitive minor violations of facility rules shall be reported in writing by the staff member observing the act and submitted to the disciplinary ocer. The consequences of such violations may include, but are not limited to: 1.Loss of good time/work time. N/A 2.Placement in disciplinary separation. N/A 3.Loss of privileges mandated by regulations. N/A A staff member with investigative and disciplinary authority shall be designated as a disciplinary ocer to N/A impose such consequences. Staff shall not participate in disciplinary review if they are involved in the charges. N/A Such charges pending against an incarcerated person shall be acted on with the following provisions and N/A within specied timeframes: 1.A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated N/A person. 2.Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after N/A the report has been submitted to the disciplinary ocer and the incarcerated person has been informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3.The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and N/A present witnesses and documentary evidence. The incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex. 4.A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been informed of N/A the charge(s) in writing. 5.Subsequent to nal disposition of disciplinary charges by the disciplinary ocer, the charges and the N/A action taken shall be reviewed by the facility manager or designee. 6.The incarcerated person shall be advised in a written statement by the fact-nders about the evidence N/A relied on and the reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7.There shall be a policy of review and appeal to a supervisor on all disciplinary action. N/A (c)Nothing in this section precludes a facility administrator from administratively separating any N/A incarcerated person from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in which the safety of the person, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d)Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a N/A legitimate, non-punitive administrative purpose. §1082 Forms of Discipline The degree of actions taken by the disciplinary ocer shall be directly related to the severity of the rule N/A infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. (c)Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. §1083 Limitations on Disciplinary Actions The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. N/A Disciplinary actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation. Additionally, there shall be the following limitations: (a) Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (a)(1) If a person is on disciplinary separation status for 30 consecutive days there shall be a review by the N/A facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fteen days thereafter until the disciplinary status has ended. This review shall be documented. (a)(2) The disciplinary separation cells or cell shall have the minimum furnishings and space specied in N/A Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specied in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (a)(3) If after placement in separation, mental health or medical staff determine that an individual has N/A serious mental illness or an intellectual disability, they shall be removed from disciplinary separation immediately upon this determination. (b)The delegation of authority to any incarcerated person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group of incarcerated people. (Penal Code N/A section 4019.5) (c)In no case shall a safety cell, as specied in Title 24, Part 2, 1231.2.5, or any restraint device be used for N/A disciplinary purposes. (d)No incarcerated person may be deprived of the implements necessary to maintain an acceptable level N/A of personal hygiene as specied in Section 1265 of these regulations. (e)Food shall not be withheld as a disciplinary measure. N/A (f)Correspondence privileges shall not be withheld except in cases where the incarcerated person has N/A violated correspondence regulations, in which case correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager. (g)In no case shall access to courts and legal counsel be suspended as a disciplinary measure. N/A §1084 Disciplinary Records Penal Code Section 4019.5 requires that a record is kept of all disciplinary actions administered, therefore. N/A This requirement may be satised by retaining copies of rule violation reports and report of the disposition of each. §1270 Standard Bedding and Linen Issue  The standard issue of clean suitable bedding and linens, for each incarcerated person entering a living area who is expected to remain overnight, shall include, but not be limited to:  (a)one serviceable mattress which meets the requirements of Section 1272 of these regulations;  (b)one mattress cover or one sheet;  (d)one blanket or more depending up on climatic conditions.  Policy and procedure shall require that items (a), (b), and (d) above be provided prior to the rst night in the facility.  Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the incarcerated person. Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person  with bedding and linen that meet the requirements of (a), (b) and (d) above prior to their rst night in the facility and every night thereafter. Inspector Notes PM J-1 Linen Control PM J-1III. A.1 PM J-2 Mattresses BSCC staff veried that mattresses and blankets are serviceable. Personal care items are all available. In practice, very few persons are held over 12 hours in this facility. §1280 Facility Sanitation, Safety, and Maintenance  The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. Inspector Notes PM K-6 Janitorial Services BSCC staff walked through the entire facility. The entire facility is being well maintained and operational, although none of the housing units are being used to hold persons. Everything was clean and operational. Detention of Minors Are minors held in this facility? The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes N/A the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders (2)Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? Penal Code Section 6030 and 6031.4 require the biennial inspection of local N/A detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. Inspector Notes No minors are held in the building that contains the adult detention facility. §1047 Serious Illness or Injury of a Minor in an Adult Detention Facility The facility administrator shall develop policy and procedures for notication of the court of jurisdiction N/A and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. §1142 Written Policies and Procedures The facility administrator shall develop written policies and procedures concerning minors being held in N/A temporary custody which shall address: (a)suicide risk and prevention; N/A (b)use of restraints; N/A (c)emergency medical assistance and services; and N/A (d)prohibiting use of discipline. N/A §1143 Care of Minors in Temporary Custody (a)The following shall be made available to all minors held in temporary custody: N/A (a)(1) access to toilets and washing facilities; N/A (a)(2) one snack during term of temporary custody if the minor has not eaten within the past four (4) N/A hours or is otherwise in need of appropriate nourishment; (a)(3) access to drinking water; N/A (a)(4) access to language services; N/A (a)(5) access to disabilities services; N/A (a)(6) sanitary napkins, panty liners, and tampons as needed; N/A (a)(7) privacy during consultation with family, guardian, and/or lawyer; N/A (a)(8) blankets and clothing, as necessary, to assure the comfort of the minor; and N/A (a)(9) personal clothing unless the clothing is inadequate, presents a health or safety problem, or is N/A required to be utilized as evidence of an offense. (b)Upon entry, the minor shall be informed in writing of what is available under this section, and it shall be N/A posted in at least one conspicuous place to which minors have access. §1144 Contact Between Minors and Incarcerated Adults The facility administrator shall establish policies and procedures to restrict contact, as dened in Section N/A 1006, between minors and adults conned in the facility. In situations where brief or accidental contact may occur, such as booking or facility movement, facility N/A staff (trained in the supervision of incarcerated people) shall maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. §1145 Decision on Secure Custody A minor who is taken into temporary custody by a peace ocer on the basis that they are a person N/A described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace ocer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace ocer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a serious security risk of harm to self or others, N/A the ocer may take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b)severity of the offense(s) for which the minor was taken into custody; N/A (c)minor's behavior, including the degree to which the minor appears to be cooperative or non-cooperative; N/A (d)the availability of staff to provide adequate supervision or protection of the minor; and N/A (e)the age, type, and number of other individuals who are detained in the facility. N/A §1146 Conditions of Secure Custody While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cung rail, N/A or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. §1147 Supervision of Minors in Secure Custody Inside a Locked Enclosure (a)Minors shall receive adequate supervision which, at a minimum, includes: N/A (a)(1) constant auditory access to staff by the minor; and N/A (a)(2) safety checks, as dened in Section 1006, of the minor by staff of the law enforcement facility, at N/A least once every 30 minutes, which shall be documented. (b)Minors of different genders shall not be placed in the same locked room unless under constant direct N/A visual observation by staff of the law enforcement facility. §1148 Supervision of Minors in Secure Custody Outside of a Locked Enclosure Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for N/A more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety N/A while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be N/A approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes N/A thereafter shall be based upon the best interests of the minor and shall be documented. §1149 Criteria for Non-Secure Custody Minors held in temporary custody, who do not meet the criteria for secure custody as specied in Section N/A 207.1(b) of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. While minors are held in temporary non-secure custody the provisions of Section 1143 apply. §1150 Supervision of Minors in Non-Secure Custody Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement facility. Entry and release times shall be documented and made available for review. N/A Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. §1151 Minors Under the Inuence of Any Intoxicating Substance in Secure or Non- Secure Custody Facility administrators shall develop policies and procedures providing that a medical clearance shall be N/A obtained for minors who are under the inuence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves, prior to secure or non-secure custody of that minor. Supervision of minors in secure custody in a locked room shall include safety checks at least once every 15 N/A minutes until resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room shall be supervised in accordance with N/A Section 1148. Supervision of minors in nonsecure custody shall be supervised in accordance with Section 1150. N/A 207.1(b)(1)(A) Temporary Custody Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or N/A guardian, or arranging transfer to an appropriate juvenile facility. 207.1(b)(1)(B) Secure Custody Minors have been detained in secure custody in the law enforcement facility for a period that does not N/A exceed six hours. 207.1(b)(1)(C) Advisements The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of N/A the length of time the secure detention is expected to last, and of the maximum six-hour period and secure detention is authorized to last. 207.1(b)(1)(D) Contact Between Minor and Adults Contact between the minor and adults conned in the facility is restricted in accordance with WIC Section N/A 208. 207.1(b)(1)(E) Supervision The minor is adequately supervised. N/A 207.1(b)(1)(F) Logs A log or other written record is maintained by the law enforcement agency showing the offense that is the N/A basis for the secure detention in the facility, the reasons and circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(b)(2) Non-Secure Custody Minors have been detained in non-secure custody in the law enforcement facility for longer than six hours. N/A 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: 0181 FACILITY NAME: Fremont Police Detention Facility FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That 6/94: 2/99: X 2001: OTHER: Apply): FIELD REPRESENTATIVE: Dale Miller DATE: February 27, 2023 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) Located in vehicle sally port and lobby X Contains a weapons locker, designed as outlined in these regulations. Contains a cell or room for confinement pending X booking Contains a detoxification cell, where applicable (3) sobering cells 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 Shower room available Located in booking area 2-99: Access to shower must be within the secure X area Provides secure vault or storage for inmate X valuables Telephone(s) available for inmate use (PC § Booking area and housing areas X 851.5) 2-99: Unobstructed access to hot and cold X running water 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 X clear ceiling height of 8 feet or more Contains sufficient seating to accommodate all X inmates Contains water closet (toilet), washbasin, and X drinking fountain Provides for clear visual supervision by staff X Temporary Staging Cell or Room (2.3) X Holds inmates classified and segregated per Title 15 § 1050 and 1053 0181 Alameda Fremont PD TH PHY 23-24 - 1 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS 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 X and has a clear ceiling height of 8 feet or more. Is at least 160 square feet X Contains sufficient seating to accommodate all X inmates Contains water closets (toilets), wash basins and drinking fountains as specified by these X regulations Provides for clear visual supervision by staff X Detoxification/Sobering Cell (2.4) 01: Name change to “sobering cell.” X Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Each sobering cell is rated for 4 inmates Is no smaller than 60 square feet and has a clear 84 + square feet X ceiling height of 8 feet or more Contains a water closet (toilet) wash basin and drinking fountain as specified by these X regulations Has padded partitions located next to toilet X fixtures Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure X portion of the facility Safety Cell (2.5) 58 + square feet Contains 48 square feet with one floor dimension X 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 X the floor, 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, X which provide a view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 X inches from the bottom of the food pass to the floor 01: Wall or ceiling mounted devices are Video camera is mounted on the rear inaccessible to inmate occupant. X wall adjacent to the ceiling (ceiling height is 9’10”). 0181 Alameda Fremont PD TH PHY 23-24 - 2 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Single Occupancy Cells (2.6) Female Max and Male Max can be used X as single cells. Maximum capacity of one inmate Contain a minimum of 60 square feet of floor area in Type I facilities and 70 square feet in X Type II and III facilities Have a minimum clear ceiling height of 8 feet and X a minimum width of 6 feet Contain a water closet (toilet), washbasin and X drinking fountain Contain a bunk, desk and seat (Desk and seat X not required in 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 facilities and 70 square feet in Type II and III facilities. X Have a minimum clear ceiling height of 8 feet and All cells have an 8’4” clear ceiling, with a minimum width of 6 feet the exception of cell 167 (Female Max) and cell 186 (General Population) which X have a 7’6” ceiling due to an exposed support beam. Cells 167 and 186 do not comply with this regulation, and they are not included in the Rated Capacity. Contain a water closet (toilet), washbasin and X drinking fountain Contain 2 bunks, 1 desk and 1 seat (Desk and X seat not required in Type I facilities.) 0181 Alameda Fremont PD TH PHY 23-24 - 3 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Dormitories (2.8) Approximately 280 square feet (floor (Note: 2001 regulations reduced the double space + dayroom space). There are four bunk requirement from 75 to 70 square feet and beds mounted to the wall. added provision for triple bunks. This is the “least restrictive standard.”) Contain at least 50 square feet of floor area per inmate for single bed units; at least 70 square feet of floor space per inmate for double bed units; and, at least 90 square feet for triple bed X 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 The Rated Capacity is 4 inmates. X 64 inmates Provide access to toilets separate from Drinking water will be provided to X washbasins and drinking fountains inmates in the dormitory. Provide storage space for each inmate's X personal items (NA Type I) Dayrooms (2.9) Required for inmates in Type II and III facilities - X 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 2001 revisions added X 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 X facilities must have a recreation area or provide community access to one. Clear height of 15 feet X 0181 Alameda Fremont PD TH PHY 23-24 - 4 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Has required surface area: 80 % of maximum rated inmate capacity, multiplied by 50 square feet, divided by number of one-hour exercise X periods per day, equals the required surface area. 2-99: Provides free access to a toilet, washbasin X and drinking fountain Provides adequate security X Program/Multipurpose Space (2.11) (NA Type I) There is sufficient area and furnishings to meet X the needs of the facility programs. (See regulation for discussion of applicability to Type IV.) Medical Examination Room (2.12) There is one suitably equipped medical exam room in every Type II or III facility designed to X house 25 or more inmates. 2-99: Required in all facilities that provide on-site health care. Located within the security area and provide for X privacy of inmates Not less than 100 square feet of floor space with X no single dimension less than 7 feet Provide hot and cold running water 2-99: Hot and cold running water in any room X where medical procedures are provided 2-99: Lockable storage for medical supplies X Pharmaceutical Storage Space (2.13) X There is lockable storage space for medical supplies and pharmaceuticals (Title 15 § 1216). Medical Care Housing (2.14) Applicable to Type II and III facilities where the X facility program indicates special medical care housing is needed. Housing is located within the security area, accessible to both male and female inmates, but X not in the living area of either. Provides lockable storage area for medical X instruments 2-99: Negative pressure isolation rooms are X designed to the community standard. 0181 Alameda Fremont PD TH PHY 23-24 - 5 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS 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 circumstances when commissary X 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) X There is sufficient visiting area. Safety Equipment Storage (2.19) Adequate space is provided to store equipment X such as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Located in a locked room inside the dormitory. A securely lockable janitor’s closet provides X sufficient 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 X CH, TH and, Types I, III & IV. 0181 Alameda Fremont PD TH PHY 23-24 - 6 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS 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 staff in a central control. When visual X 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 X and capable 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 X facility designed for 25 or more inmates. 2-99: Applicable to every facility which provides on-site health care Located in the security area, accessible by both X male and female inmates Provides at least 70 square feet floor area with X no single dimension less than 6 feet Attorney Interview Space (2.26) (NA Type IV) X Available and provides for confidentiality 0181 Alameda Fremont PD TH PHY 23-24 - 7 - 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); 1:8 in detoxification/sobering cells; X 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); 1:8 in detoxification/sobering cells; X 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) Each cell has a drinking fountain with the exception of the dormitory. If inmates were housed in the dormitory, drinking One is provided in every single and double cups would be provided. 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 outlet (bubbler). X There is a mouth guard on the water outlet. 2-99: Mouth guard requirement deleted 0181 Alameda Fremont PD TH PHY 23-24 - 8 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS 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 X impervious to water and 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 X bottom type or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. 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 purposes of X 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, X windows 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, X walls and everything on them are padded. All padded cells are equipped with a 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 X laminated construction; firmly bonded to all surfaces; and, without exposed seams. 0181 Alameda Fremont PD TH PHY 23-24 - 9 - A383 PHY Type 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS 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 X bench are provided per 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) X A table and seat is provided in single and double occupancy cells. Weapons Locker (3.12) Weapons locker located in lobby and (NA type IV and Minimum-Security Facilities) vehicle sally port. A secure weapons locker is located outside the X 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 are met. (See regulation for specific X requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 2023-2024 Cycle: In 2021, this facility that was constructed as a Type 1 Jail began operating as a Temporary Holding. The Chief of Police officially notified the BSCC that the facility was now a Temporary Holding and that much of the facility would be shuttered indefinitely. 0181 Alameda Fremont PD TH PHY 23-24 - 10 - A383 PHY Type 94 99 01.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State & Community Corrections BSCC Code: 0181 FACILITY: Fremont Police Detention Facility TYPE: TH RC: 56 FIELD REPRESENTATIVE: Dale Miller DATE: February 27, 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 Pre-Booking Cells 145 Holding 1999 1 0 (4) (4) 9.5’x 6’x 9.5’ 1 1 1 Notes: 74” concrete bench (seating for 4 inmates) 146 Holding 1999 1 0 (4) (4) 9.5’x 6’x 9’5’ 1 1 1 Notes: 74” concrete bench (seating for 4 inmates). Booking Area 136 Holding 1999 1 0 (8) (8) 13’x 6.25’ x 9’8” 1 1 1 Notes: 72” and 80” concrete benches (seating for 8 inmates). 140 Holding 1999 1 0 (10) (10) 13’x 8’x 9’8” 1 1 1 Notes: 132” and 96” concrete benches (seating for 12; BRC is limited to 10 inmates based up sq.ft.) 151 Holding 1999 1 0 (3) (3) 7.5’x 10’x 9’8” 1 1 1 Notes: 55” concrete bench (seating for 3 inmates). 135 Safety 1999 1 0 (1) (1) 9’10” x 6’ x 9’10” 1 137 Sobering 1999 1 0 (4) (4) 12’x 6.5’x 9’10” 1 1 1 Notes: 138 Sobering 1999 1 0 (4) (4) 12’x 6.5’x 9’10” 1 1 1 Notes: 139 Sobering 1999 1 0 (4) (4) 7’ x 12’x 9’10” 1 1 1 Notes: Housing (Inmate Workers) 126 Dorm 1999 1 4 4 4 22’ x 12’x 10’ 1 1 1 2 Notes: Approx. 264 sq. ft., 9’10” ceiling, table + 4 seats. This housing area is designated for sentenced inmate workers. Housing (Female Max – Lower Level) 164 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 1 Notes: Shower for female max is located next to cell 164, 1 table + 4 seats. 165 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 166 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 167 Single 1999 1 2 0 0 See Notes 1 1 1 Notes: Approx 95 sq. ft., 7’6” ceiling, this is a handicap accessible cell. This cell does not meet Title 24 Standards. Cell is not used. Housing (Female Minimum – Upper Level) *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. 0181 Alameda Fremont PD TH LASE 23-24 - 1 - A360 LAS Adult.dot (03/01) 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 174 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 1 Notes: Shower for female minimum is located next to cell 174, 1 table + 4 seats. 175 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 176 Double 1999 1 2 1 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 177 Double 1999 1 2 1 2 6.5’x 10’x 8’4’ 1 1 1 Notes: Housing (Male General Population 1 – Lower Level) 183 Double 1999 1 2 2 2 6.5’x 12’x 8’4’ 1 1 1 1 Notes: Shower is located next to cell 183, 3 tables + 16 seats. 184 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 185 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 186 Single 1999 1 2 0 0 See Notes 1 1 1 Notes: Approx 95 sq. ft., ceiling 7’6”, this is a handicap accessible cell. This cell does not meet Title 24 Standards. Housing (Male General Population 1 – Upper Level) 193 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 1 Notes: Shower is located next to cell 193. 194 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 195 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 196 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: Housing (Male General Population 2 – Lower Level) 203 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 1 Notes: Shower is located next to cell 203, table + 16 seats. 204 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 205 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 206 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: *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. 0181 Alameda Fremont PD TH LASE 23-24 - 2 - A360 LAS Adult.dot (03/01) 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 Housing (Male General Population 2 – Upper Level) 213 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 1 Notes: Shower is located next to cell 213. 214 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 215 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 216 Double 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: Housing (Male Max/Segregation) 223 Single 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 1 Notes: Shower is located next to cell 223, 1 table + 4 seats. 224 Single 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 225 Single 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 226 Single 1999 1 2 2 2 6.5’x 10’x 8’4’ 1 1 1 Notes: 2023-2024 Cycle: In 2021, this facility, that was constructed as a Type 1 Jail, began operating as a Temporary Holding. The Chief of Police officially notified the BSCC that the facility was now a Temporary Holding and that much of the facility would be shuttered indefinitely. All areas other than Pre-Booking and Booking are not being used to hold persons. The housing units are all being used for storage or other uses. *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. 0181 Alameda Fremont PD TH LASE 23-24 - 3 - A360 LAS Adult.dot (03/01)