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Alameda Union City PD Inspection Rpt 23-24 THJ (2023-2024 inspection cycle)

Board of State and Community Corrections · inspection-0300-2023-2024 · Facility inspection · 2023-03-15 · Alameda Union City PD Inspection Rpt 23-24 THJ

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March 15, 2023 Jared Rinetti, Chief of Police Union City Police Department 34009 Alvarado-Niles Road Union City, CA 94587 2023-2024 BIENNIAL INSPECTION OF UNION CITY POLICE DEPARTMENT, UNION CITY POLICE TEMPORARY HOLDING FACILITY, PENAL CODE 6031 & WELFARE AND INSTITUTIONS CODE 209(c) Dear Chief Rinetti, On February 1, 2023, staff of the Board of State and Community Corrections (BSCC) provided pre-inspection briefings to the facility supervisorand 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 March 1, 2023, staff of the BSCC conducted the 2023-2024 biennial inspection of the Union CityPolice Department’sTemporary 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). 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; 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. Jared Rinetti Chief of Police Page 2 Inspection Date Fire and Life Safety April 25, 2022 Medical and Mental Health July 19, 2022 Environmental Health July 19, 2022 BSCC INSPECTION The inspection consisted of a review of the Union City 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 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 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. Please see the attached Compliance Monitoring Report for detail. 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 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. 0300 Alameda Union City PD TH LTR 23-24 Jared Rinetti Chief of Police Page 3 No areas of non-compliance were noted, and no corrective action is required. --- This concludes our inspection report for the 2023-2024 biennial inspection cycle of the Union City Police Department’s Temporary Holding Facility. We would like to express our gratitude to Lieutenant Paul Kanazeh, Detention Supervisor Manny Leon, and Public Services Officer Luis Escamilla 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. Sincerely, Dale A. Digitally signed by Dale A. Miller Miller Date: 2023.04.18 08:10:58 -07'00' Dale Miller Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Union City* City Manager, City of Union City* Presiding Judge, Superior Court, County of Alameda* Paul Kanazeh, Lieutenant, Union City Police Department *Complete copies of this inspection are available upon request and at www.bscc.ca.gov. 0300 Alameda Union City 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. Alameda Union City Police Department Procedures Checklist BSCC #0300 Adult TH PRO  Union City Police Department: 34009 Alvarado-Niles Road, Union City, CA, 94587 Inspection Date: 03/01/2023 (cid:44)(cid:81)(cid:86)(cid:83)(cid:72)(cid:70)(cid:87)(cid:76)(cid:82)(cid:81)(cid:3)(cid:38)(cid:82)(cid:80)(cid:83)(cid:79)(cid:72)(cid:87)(cid:72)(cid:71)(cid:3)(cid:69)(cid:92)(cid:3)(cid:41)(cid:76)(cid:72)(cid:79)(cid:71)(cid:3)(cid:53)(cid:72)(cid:83)(cid:85)(cid:72)(cid:86)(cid:72)(cid:81)(cid:87)(cid:68)(cid:87)(cid:76)(cid:89)(cid:72)(cid:3)(cid:39)(cid:68)(cid:79)(cid:72)(cid:3)(cid:48)(cid:76)(cid:79)(cid:79)(cid:72)(cid:85) §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, (cid:166)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 O(cid:168)cer 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 Union City Police Department Policy Manual (PM) PM 900.35 Training - Department members responsible for supervising adults in temporary custody shall complete the Corrections O(cid:168)cer Core Course or eight hours of specialized training within six months of assignment.(cid:193) Eight hours of refresher training shall be completed once every two years. BSCC staff reviewed training documents and found that all current members of the department responsible for the supervision of those in custody were trained in the last two years. §1027 Number of Personnel  A su(cid:168)cient 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 con(cid:167)ict 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 su(cid:168)cient number of personnel for a speci(cid:166)c facility, the facility administrator shall prepare and retain a sta(cid:168)ng plan indicating the personnel assigned in the facility and their duties. Such a sta(cid:168)ng 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 (cid:166)scal responsibility for the facility. Inspector Notes PM 900.4.3 Supervision in Temporary Custody - An authorized department member capable of supervising shall be present at all times when an individual is held in temporary custody. The member responsible for supervising shall not have other duties that could unreasonably con(cid:167)ict with his/her supervision. At least one female department member shall be present when a female adult is in temporary custody. In the event that none is readily available, the female in custody shall be transported to another facility or released pursuant to another lawful process. PM 900.4.4 Sta(cid:168)ng Plan - The Chief of Police or the authorized designee shall ensure a sta(cid:168)ng plan is prepared and maintained, indicating assigned personnel and their duties. BSCC staff reviewed duty rosters, assignments, and safety checks. BSCC found the staff was adequate 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 N/A 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 identi(cid:166)cation number of staff who completed the safety check(s).  (f)A documented process by which safety checks are reviewed at regular de(cid:166)ned intervals by a supervisor or facility manager, including methods of mitigating patterns of inconsistent documentation, or untimely completion of, safety checks. Inspector Notes PM 900.25 Holding Cells - Safety checks by department members should occur no less than every 15 minutes. Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. PM 900.21.1 Temporary Custody Logs - Watch Commander should initial the log to approve the temporary custody and should also initial the log when the individual is released from custody or transferred to another facility. BSCC staff reviewed all safety checks conducted in 2022. All checks meet the requirements of this section. There are no safety cells or sobering cells in this facility. Persons are not held in restraints in this facility. §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 (cid:166)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 (cid:166)re and life safety procedures that relate speci(cid:166)cally to the facility. Inspector Notes PM 900.4.4 Sta(cid:168)ng Plan - That at least one member is on-duty at all times who meets the training standards established by the Board of State And Community Corrections. Staff members should be trained in (cid:166)re and life safety procedures relating speci(cid:166)cally to the facility. All personnel receives training in (cid:166)re safety, (cid:166)rst aid, CPR, and evacuation of this 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 con(cid:166)dentiality. 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 speci(cid:166)c to prevention of sexual abuse and sexual harassment.  (a)(7) Emergency procedures include:  (a)(7)(A) (cid:166)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 The Union City Police Department utilizes the Union City PD Policy Manual (PM), Section 900 as the Policy Manual for the Temporary Holding Facility. Additional sections of the PM are used to cover general requirements of Title 15 regulations. The latest revision and review of the PM was completed on February 22, 2023. PM 200 Organizational Structure and Responsibility PM 300.3.6 Restrictions on the Use of a Choke Hold PM 420 Cite and Release Policy PM 900.12 Control of Holding Facility Keys PM 900.21.1 Temporary Custody Logs PM 900.23.1 Pregnant Adults PM 900.25 Holding Cells PM 900.32 Release and/or Transfer PM 900.33 Assigned Administrator - (m) Inspections and operations reviews Annual review and evaluation of security measures including internal and external security measures, sanitation, safety and maintenance of the facility including security measures speci(cid:166)c to prevention of sexual abuse and sexual harassment. BSCC Staff received the Annual Security Review and Evaluation memo documented the review was conducted on February 16, 2023. PM 902 Custodial Searches §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 o(cid:168)cers, 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 de(cid:166)ned by the facility administrator. Inspector Notes PM 900.15 Suicide Attempt, Death, or Serious Injury PM 900.20 Initiating Temporary Custody PM 900.20.1 Screening and Placement PM 900.32 Release and/or Transfer PM 900.34 Training PM 900.4.1 Individuals Who Shall Not Be In Temporary Custody PM 900.4.2 Individuals Who Should Not Be In Temporary Custody §1032 Fire Suppression Preplanning  Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local (cid:166)re department having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for (cid:166)re suppression which shall include, but not be limited to:  (a)a (cid:166)re suppression pre-plan developed with the local (cid:166)re department to be included as part of the policy and procedures manual (Title 15, California Code of Regulations Section 1029);  (b)monthly (cid:166)re prevention inspections by facility staff with two-year retention of the inspection record;  (c)(cid:166)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 (cid:166)re. Inspector Notes PM 900.29 Fire Safety/Evacuation Plan BSCC staff reviewed two years of inspections completed by facility personnel. Inspections were conducted weekly and exceeded the requirements of this section. Evacuation routes are posted in the facility and Alameda County Jail is designated as a subsequent housing location in case of (cid:166)re. The Alameda(cid:193)County Fire Department completed an inspection of the facility on April 25, 2022. §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 344 Report Preparation PM 344.3 General Policy of Expeditious Reporting PM 900.21.7 Reporting Physical Harm or Serious Threat of Physical Harm - Any incident that results in the use of force, physical harm, or serious threat of physical harm to a department member, the person in custody, or any other person shall be documented. BSCC staff requested to review all reports of incidents that occurred in the holding 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 MinorIn 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 324.12 Suicide Attempt, Death, or Serious Injury of a Juvenile (g)In the case of a death, providing a report to the Attorney General under Government Code § 12525 within 10 calendar days of the death. PM 900.15 Suicide Attempt, Death, or Serious Injury - In the event of a suicide attempt, death or serious injury of any individual in temporary custody at the Union City Police Department o(cid:168)cers shall complete the following: (h)In-custody death reviews (15 CCR 1046) BSCC staff requested to see any death reviews that had occurred in the facility since the last inspection. There were no in-facility deaths. §1050 Classi(cid:166)cation Plan  (a)Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classi(cid:166)cation 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 classi(cid:166)cation 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 classi(cid:166)cation 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 900.4.1 Individuals Who Shall Not Be In Temporary Custody PM 900.20.1 Screening and Placement - This facility contains three cells. In practice, the persons held in custody are separated for the time they are held in this facility, until release or transfer. BSCC staff reviewed the intake classi(cid:166)cation questions. The questions include an inquiry about the person's view of their safety while in the facility. §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 identi(cid:166)ed by the health authority. The response shall be noted on the medical screening from. Inspector Notes PM 900.4.1 Individuals Who Shall Not Be In Temporary Custody - Any individual who claims to have, is known to be a(cid:169)icted with or displays symptoms of any communicable disease that poses an unreasonable exposure risk. PM 900.20 Initiating Temporary Custody - The o(cid:168)cer responsible for an individual in temporary custody should evaluate the person for any apparent chronic illness, disability, vermin infestation, possible communicable disease, or any other potential risk to the health or safety of the individual or others. BSCC staff reviewed the intake medical questionnaire. Questions include inquiries about communicable diseases and symptoms. §1052 Behavioral Crisis Identi(cid:166)cation  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 identi(cid:166)cation or at N/A 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 900.4.1 Individuals Who Shall Not Be In Temporary Custody (i)Any individual who appears to be a danger to him/herself or others due to a mental disorder, or who appears gravely disabled. Persons will be transported to a jail facility, a medical facility, or another type of facility as appropriate. No persons are held in this facility for longer than six hours. §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)In(cid:167)uenced 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 N/A protecting the welfare of incarcerated people and facility staff. (e)A documented individualized ongoing review and evaluation of the need to continue placement in N/A administrative separation. Inspector Notes PM 900.4.1 Individuals Who Shall Not Be In Temporary Custody PM 900.20.1 Screening and Placement This facility consists of 3 holding cells. In practice, all persons are separated for the duration of their stay in the facility. Persons are not held in this facility over six 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 N/A 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 N/A 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. N/A (b)A person shall be placed in a safety cell only with the approval of the facility manager or designee, or N/A 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 N/A 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 N/A 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. N/A (f)Procedures shall be established to assure administration of necessary nutrition and (cid:167)uids. N/A (g)People placed in the safety cell shall be allowed to retain su(cid:168)cient clothing or be provided with a N/A suitably designed “safety garment,” to provide for their personal privacy unless speci(cid:166)c identi(cid:166)able risks to the person's safety or to the security of the facility are documented. Inspector Notes There is no safety cell as described in Title 24, Part 2, Section 1231.2.5. §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 N/A 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 N/A 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 N/A 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 N/A staff. Intermittent direct visual observation of people held in the sobering cell shall be conducted no less than N/A every half hour. Such observation shall be documented. Inspector Notes There is no sobering cell as described in Title 24, Part 2, Section 1231.2.4. §1057 Developmental Disabilities  The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the identi(cid:166)cation and evaluation, appropriate classi(cid:166)cation 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 N/A con(cid:166)rmed 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 900.4.1 Individuals Who Shall Not Be in Temporary Custody - Any individual who is obviously developmentally disabled. Persons are not held in this facility for over 6 hours. §1058 Use of Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop and implement N/A 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)Restraintdevicesshouldbeusedonlywhenlessrestrictivealternatives,includingverbalde- N/A escalationtechniques,havebeenattemptedandaredeemedineffective. (b)(4)Anincarceratedpersonshallbeplacedinrestraintsonlywiththeapprovalofthefacilitymanager, N/A thefacilitywatchcommander,orresponsiblehealthcarestaff;continuedretentionshallberevieweda minimumofeveryhour. (b)(5)Continuousdirectvisualobservationshallbemaintaineduntilamedicalopinioncanbeobtained. N/A (b)(6)Amedicalopiniononplacementandretentionshallbesecuredwithinonehourfromthetimeof N/A placement. (b)(7)Amedicalassessmentshallbecompletedwithinfourhoursofplacement. N/A (b)(8)Continuousdirectvisualobservationshallbeconductedatleasttwiceevery30minutestoensure N/A thattherestraintsareproperlyemployed,andtoensurethesafetyandwell-beingoftheincarcerated person.Suchobservationshallbedocumented.Whileinrestraintdevicesallincarceratedpersonsshallbe housedaloneorinaspeci(cid:166)edhousingareawhichmakesprovisionstoprotectthepersonfromabuse. (b)(9)Ifthefacilitymanager,ordesignee,inconsultationwithresponsiblehealthcarestaffdeterminesthat N/A anincarceratedpersoncannotbesafelyremovedfromrestraintsaftereighthours,thepersonshallbe takentoamedicalfacilityforfurtherevaluation. (b)(10)Whereapplicable,thefacilitymanagershallusetherestraintdevicemanufacturer’srecommended N/A maximumtimelimitsforplacement. (b)(11)Alleventsandinformationrelatedtotheplacementinrestraintsshallbedocumentedandshallbe N/A videorecordedunlessexigentcircumstancespreventstafffromdoingso.Thedocumentationshallinclude: thereasonforplacement;personauthorizingplacement;namesofstaffinvolvedintheplacement;injuries sustained;andthedurationofplacement. InspectorNotes PM900.23UseofRestraintDevices-Theuseofrestraints,otherthanhandcuffsorleg irons,shallnotbeusedforindividualsintemporarycustodyattheUnionCityPolice Departmentunlessthepersonpresentsaheightenedrisk,andonlyincompliancewith theHandcu(cid:168)ngandRestraintsPolicy. Inpractice,arresteeswhoarerestrainedarenotkeptinthetemporaryholdingfacility andaretransportedtocountyjailormedicalfacility,immediately. §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 con(cid:166)rmation 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 PM 900.23.1 Pregnant Adults - Women who are known to be pregnant should be restrained in accordance with the Handcu(cid:168)ng and Restraints Policy. §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 900.21.4 Telephone Calls - Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an individual in custody has the right to make at least three completed calls to an attorney, bail bondsman, and a relative or other person (Penal Code § 851.5). §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)con(cid:166)dential consultation with attorneys. Inspector Notes PM 900.21.4 Telephone Calls PM 900.21.9 Attorneys and Bail Bondsmen §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 a(cid:168)rmatively 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 900.21.10 Discipline - Discipline will not be administered to any individual in custody at this facility. Any individual in custody who repeatedly fails to follow directions or facility rules should be transported to the appropriate jail, mental health facility, or hospital as soon as practicable. §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 o(cid:168)cer. 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 o(cid:168)cer 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 speci(cid:166)ed 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 o(cid:168)cer 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 (cid:166)nal disposition of disciplinary charges by the disciplinary o(cid:168)cer, 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-(cid:166)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 o(cid:168)cer 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 (cid:166)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 speci(cid:166)ed in N/A Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as speci(cid:166)ed 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 N/A right of punishment over any other incarcerated person or group of incarcerated people. (Penal Code section 4019.5) (c)In no case shall a safety cell, as speci(cid:166)ed 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 speci(cid:166)ed 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 satis(cid:166)ed by retainingcopies 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 N/A 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; N/A (b)one mattress cover or one sheet; N/A (d)one blanket or more depending up on climatic conditions. N/A Policy and procedure shall require that items (a), (b), and (d) above be provided prior to the (cid:166)rst night in the N/A facility. Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the N/A 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 (cid:166)rst night in the facility and every night thereafter. Inspector Notes This is a temporary holding facility and does not house persons overnight. §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 900.27 Safety and Sanitation Inspection Process BSCC staff walked through the entire holding facility and found it clean and well maintained. Detention of Minors  Are minors held in this facility?The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes 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 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 §1047 Serious Illness or Injury of a Minor in an Adult Detention Facility  The facility administrator shall develop policy and procedures for noti(cid:166)cation of the court of jurisdiction 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. Inspector Notes PM 324.12 Suicide Attempt, Death, or Serious Injury of a Juvenile (b)Noti(cid:166)cation of the parent, guardian, or person standing in loco parentis of the juvenile. §1142 Written Policies and Procedures  The facility administrator shall develop written policies and procedures concerning minors being held in temporary custody which shall address:  (a)suicide risk and prevention;  (b)use of restraints;  (c)emergency medical assistance and services; and  (d)prohibiting use of discipline. Inspector Notes PM 324 Temporary Custody of Juveniles PM 324.3 Juveniles Who Should Not Be Held PM 324.3.1 Emergency Medical Care of Juveniles in Custody PM 324.8(o) No discipline may be administered to any juvenile. PM 324.9 Use of Restraint Devices §1143 Care of Minors in Temporary Custody  (a)The following shall be made available to all minors held in temporary custody:  (a)(1) access to toilets and washing facilities;  (a)(2) one snack during term of temporary custody if the minor has not eaten within the past four (4) hours or is otherwise in need of appropriate nourishment;  (a)(3) access to drinking water;  (a)(4) access to language services;  (a)(5) access to disabilities services;  (a)(6) sanitary napkins, panty liners, and tampons as needed;  (a)(7) privacy during consultation with family, guardian, and/or lawyer;  (a)(8) blankets and clothing, as necessary, to assure the comfort of the minor; and  (a)(9) personal clothing unless the clothing is inadequate, presents a health or safety problem, or is 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 posted in at least one conspicuous place to which minors have access. Inspector Notes PM 324.8 Temporary Custody Requirements (e)Juveniles shall have reasonable access to toilets and wash basins. (f)Food shall be provided if a juvenile has not eaten within the past four hours or is otherwise in need of nourishment. (g)Juveniles shall have reasonable access to a drinking fountain or water. (i)Juveniles shall have privacy during family, guardian, and/or lawyer visits. (j)Juveniles shall be permitted to remain in their personal clothing unless the clothing is taken as evidence. (k)Blankets shall be provided as reasonably necessary. §1144 Contact Between Minors and Incarcerated Adults  The facility administrator shall establish policies and procedures to restrict contact, as de(cid:166)ned in Section 1006, between minors and adults con(cid:166)ned in the facility.  In situations where brief or accidental contact may occur, such as booking or facility movement, facility 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. Inspector Notes PM 324.7 No-Contact Requirements - Sight and sound separation shall be maintained between all juveniles and adults while in custody at the department. In situations where brief or accidental contact may occur, a member of the Union City Police Department shall maintain a constant, immediate, side-by-side presence with the juvenile. §1145 Decision on Secure Custody  A minor who is taken into temporary custody by a peace o(cid:168)cer on the basis that they are a person 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 o(cid:168)cer, 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 o(cid:168)cer 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, the o(cid:168)cer 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;  (c)minor's behavior, including the degree to which the minor appears to be cooperative or non-cooperative;  (d)the availability of staff to provide adequate supervision or protection of the minor; and  (e)the age, type, and number of other individuals who are detained in the facility. Inspector Notes PM 324.11 Secure Custody - Only juvenile offenders 14 years of age or older may be placed in secure custody (Welfare and Institutions Code § 207; 15 CCR 1145). Watch Commander approval is required before placing a juvenile offender in secure custody. §1146 Conditions of Secure Custody  While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cu(cid:168)ng rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. Inspector Notes PM 324 Temporary Custody of Juveniles Secure Custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell. Secure custody also includes being physically secured to a stationary object. §1147 Supervision of Minors in Secure Custody Inside a Locked Enclosure  (a) Minors shall receive adequate supervision which, at a minimum, includes:  (a)(1) constant auditory access to staff by the minor; and  (a)(2) safety checks, as de(cid:166)ned in Section 1006, of the minor by staff of the law enforcement facility, at 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 visual observation by staff of the law enforcement facility. Inspector Notes PM 324.11.1 Locked Enclosures (a)The juvenile shall constantly be monitored by an audio/video system during the entire custody. (d)Unscheduled safety checks to provide for the health and welfare of the juvenile by a staff member, no less than once every 15 minutes. All safety checks shall be logged. Males and females shall not be placed in the same locked room. §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 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  whilesecuredtoastationaryobject.  Securingminorstoastationaryobjectforlongerthan60minutes,andevery30minutesthereafter,shallbe approvedbyasupervisor.  Thedecisionforsecuringaminortoastationaryobjectforlongerthan60minutes,andevery30minutes thereaftershallbebaseduponthebestinterestsoftheminorandshallbedocumented. InspectorNotes PM324.11SecureCustody-Anemployeemustbepresentatalltimestoensurethe juvenile’ssafetywhilesecuredtoastationaryobject. Juvenilesshallnotbesecuredtoastationaryobjectformorethan60minutes. Supervisorapprovalisrequiredtosecureajuveniletoastationaryobjectforlongerthan 60minutesandevery30minutesthereafter.Supervisorapprovalshouldbe documented.Thedecisionforsecuringaminortoastationaryobjectforlongerthan60 minutesandevery30minutesthereaftershallbebaseduponthebestinterestsofthe juvenileoffender. §1149 Criteria for Non-Secure Custody  Minorsheldintemporarycustody,whodonotmeetthecriteriaforsecurecustodyasspeci(cid:166)edinSection 207.1(b)oftheWelfareandInstitutionsCode,maybeheldinnon-securecustodytoinvestigatethecase, facilitatereleaseoftheminortoaparentorguardian,orarrangefortransferoftheminortoan appropriatejuvenilefacility.Whileminorsareheldintemporarynon-securecustodytheprovisionsof Section1143apply. InspectorNotes PM324.4.3CustodyofJuvenileOffenders-Juvenileoffendersshouldbeheldinnon- securecustodywhileattheUnionCityPoliceDepartmentunlessanotherformof custodyisauthorized. §1150 Supervision of Minors in Non-Secure Custody  Minorsheldinnon-securecustodyshallreceiveconstantdirectvisualobservationbystaffofthelaw enforcementfacility.Entryandreleasetimesshallbedocumentedandmadeavailableforreview. Monitoringaminorusingaudio,video,orotherelectronicdevicesshallneverreplaceconstantdirectvisual observation. InspectorNotes PM324.1.1De(cid:166)nitions-Personalsupervision,throughdirectvisualmonitoringand audiotwo-waycommunicationismaintained.Monitoringthroughelectronicdevices, suchasvideo,doesnotreplacedirectvisualobservation. §1151 Minors Under the In(cid:167)uence of Any Intoxicating Substance in Secure or Non- Secure Custody  Facilityadministratorsshalldeveloppoliciesandproceduresprovidingthatamedicalclearanceshallbe obtainedforminorswhoareunderthein(cid:167)uenceofdrugs,alcohol,oranyotherintoxicatingsubstanceto theextentthattheyareunabletocareforthemselves,priortosecureornon-securecustodyofthatminor.  Supervisionofminorsinsecurecustodyinalockedroomshallincludesafetychecksatleastonceevery15 minutesuntilresolutionoftheintoxicatedstateorrelease.Thesesafetychecksshallbedocumented,with actualtimeofoccurrencerecorded.  Supervisionofminorsinsecurecustodyoutsideofalockedroomshallbesupervisedinaccordancewith Section1148.  SupervisionofminorsinnonsecurecustodyshallbesupervisedinaccordancewithSection1150. InspectorNotes PM324.3JuvenilesWhoShouldNotBeHeld-Signi(cid:166)cantlyintoxicatedexceptwhen approvedbytheWatchCommander.Medicalclearanceshallbeobtainedforminors whoareunderthein(cid:167)uenceofdrugs,alcohol,oranyotherintoxicatingsubstancetothe extentthattheyareunabletocareforthemselves. Supervisionofminorsinsecurecustodyinalockedroomwhodisplayoutwardsignsof beingunderthein(cid:167)uenceofdrugs,alcohol,oranyotherintoxicatingsubstanceshall includesafetychecksatleastonceevery15minutes. 207.1(b)(1)(A) Temporary Custody Minors(14yearsofageandolder)areheldonlyforinvestigatingthecase,facilitatingreleasetoaparentor N/A guardian,orarrangingtransfertoanappropriatejuvenilefacility. 207.1(b)(1)(B) Secure Custody Minorshavebeendetainedinsecurecustodyinthelawenforcementfacilityforaperiodthatdoesnot N/A exceedsixhours. 207.1(b)(1)(C) Advisements Theminorisinformedatthetimeheorsheissecurelydetainedofthepurposeofthesecuredetention,of /A thelengthoftimethesecuredetentionisexpectedtolast,andofthemaximumsix-hourperiodandsecure detentionisauthorizedtolast. 207.1(b)(1)(D) Contact Between Minor and Adults Contactbetweentheminorandadultscon(cid:166)nedinthefacilityisrestrictedinaccordancewithWICSection N/A 208. 207.1(b)(1)(E) Supervision Theminorisadequatelysupervised. N/A 207.1(b)(1)(F) Logs Alogorotherwrittenrecordismaintainedbythelawenforcementagencyshowingtheoffensethatisthe N/A basisforthesecuredetentioninthefacility,thereasonsandcircumstancesformingthebasisforthe decisiontoplacetheminorinsecuredetention,andthelengthoftimetheminorwassecurelydetained. InspectorNotes BSCCstaffreviewedallminorsindetentionlogsfor2022andfoundnoviolations. 207.1(b)(2) Non-Secure Custody Minorshavebeendetainedinnon-securecustodyinthelawenforcementfacilityforlongerthansixhours. N/A ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State & Community Corrections Inspection BSCC Code: 0300 FACILITY: Union City Police Department TYPE: THJ RC: FIELD REPRESENTATIVE: Dale Miller DATE: March 1, 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 Booking Holding 1980 1 (3) 7.8’ X 11’ X 8.4’ 1 1 1 Booking Holding 1980 1 (3) 8’ X 11’ X 8.4’ 1 1 1 Booking Holding 1980 1 (3) 8’ X 11.8’ X 8.4’ 1 1 1 *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. 0300 Alameda Union City PD TH LASE 23-24 - 1 - A360 LAS Adult.dot (03/01) ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State & Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 0300 FACILITY NAME: Union City Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: (cid:57) OTHER: 1980 FIELD REPRESENTATIVE: Dale Miller DATE: March 1, 2023 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) (cid:57)(cid:57) Contain 10 square feet of floor per inmate Limited to no more than 16 inmates (cid:57)(cid:57) No smaller than 40 square feet (cid:57)(cid:57) Contain sufficient seating to accommodate all inmates (cid:57)(cid:57) Toilet accessible (cid:57)(cid:57) Wash basin accessible (cid:57)(cid:57) Drinking fountain accessible (cid:57)(cid:57) Provide for adequate visual supervision of inmates (cid:57)(cid:57) Bunk provided to inmates held between hours of 2400 and Facility logs indicate inmates are held less than 0600 (Later, less restrictive 1994 standards only require a (cid:57)(cid:57) three hours. Per departmental policy, inmates may bunk if inmates are held longer than 12 hours) be held up to six hours. Weapons Locker (3.12) Lockers are located in the sally port and outside the corridor entrance inside the building. External to the security area and equipped with individual (cid:57)(cid:57) compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) The facility does not have a sobering cell. Per (cid:57)(cid:57) policy, intoxicated inmates are transported directly to another facility. The balance of the regulation is removed from this checklist. Safety Cells (WA) (2.5) The facility does not have a safety cell. Per policy, inmates requiring such placement are transported (cid:57)(cid:57) directly to other facilities or a community hospital. The balance of the regulation is removed from this checklist. Shower-Delousing Room (3.4) Available in the booking area. Available (cid:57)(cid:57) 0300 Alameda Union City PD TH PHY 23-24 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Secure Vault or Storage Space (2.1) (cid:57)(cid:57) Available for inmate valuables Telephone (2.1) (cid:57)(cid:57) Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) All cells are audio monitored. (cid:57)(cid:57) For facilities planned or constructed after 8-86 Janitor Closet (2.20) (cid:57)(cid:57) Available Storage Rooms (WA) (2.21) (cid:57)(cid:57) Available Emergency Power (2.24) Available to maintain fire and life safety, security, (cid:57)(cid:57) communications and alarm systems Attorney Interview Space (2.26) (cid:57)(cid:57) Available 0300 Alameda Union City PD TH PHY 23-24 - 2 - A370 PHY CH-TH 1-78.dot (03/01)