Amador County Jail (2023-2024 inspection cycle)

December 14, 2023 Gary W. Redman, Sheriff-Coroner A 700 Court Street Jackson, CA 95642 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, AMADOR COUNTY ADULT DETENTION FACILITY Dear Sheriff Redman: The 2023-2024 Comprehensive Inspection of the Amador County Sheriff's Office has been completed. A pre-inspection briefing was held on Tuesday, October 3, 2023, and the following facility was inspected between Tuesday, November 14, 2023 and Thursday, November 16, 2023 : FACILITY NAME BSCC # FACILITY TYPE Amador County Jail 0320 II This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, Board of State and Community Corrections (BSCC) staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). In addition to inspection(s) 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). The results of those inspections are considered a part of this report. INSPECTION RESULTS We identified the following items of noncompliance with Title 15 Minimum Standards: Title 15 §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: (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. Gary W. Redman Sheriff-Coroner Page 2 BSCC staff found that the checks of the Safety Cell do not meet section 1055 requirements. (e) Documentation shall include: (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check occurred, such as a cell, module, or dormitory number; and (3) Initials or employee identification number of staff who completed the safety check(s). BSCC staff found that although the safety checks were made in times required of the section, the specific documentation of times, location, and employee identification is not being recorded. Title 15 §1055 Use of Safety Cell: (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. BSCC staff found that checks of the safety cell met the requirement that observations shall be conducted at least twice every 30 minutes but did not meet the no more than 15-minute lapse between checks. Title 15 §1081 Plan for Inmate Discipline: Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes: 4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been informed of the charge(s) in writing. BSCC staff found that documentation and hearings are not documented and taking place as specified in policy. Title 15 §1260 Standard Institutional Clothing: All issued and exchanged clothing shall be clean and free of holes or tears, reasonably fitted, durable, easily laundered and repaired. Undergarments shall be clean, free of holes or tears, and substantially free of stains. Individuals shall be able to select the garment type more compatible with their gender identity and gender expression. 0320 Amador County Jail LTR 23-24 Gary W. Redman Sheriff-Coroner Page 3 BSCC staff inspected supplies of clothing and found that several garments were not serviceable. Title 15 §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. BSCC staff checked mattresses and found several that were not serviceable. Refer to the attached Procedures Checklist for detailed information. We identified the following item of noncompliance with Title 24 Minimum Standards: Title 24 §1231.2.9, Dayrooms: BSCC rated capacity is 76, but the facility has been operating well over capacity for over a decade. On the date of the inspections, the facility had 87 in custody, 14% over the rated capacity. To accommodate the additional persons, some of the dayrooms contain triple bunks and sleeping boats that are in use. Refer to the Physical Plant Evaluation (PHY) and Living Area Space Evaluation (LASE) attachments for information related to Rated Capacity and Title 24 compliance. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring We found no violations of the JJDPA a copy of the monitoring report is attached for your information. CORRECTIVE ACTION PLAN (CAP) An Exit Briefing with your staff was held on Thursday, November 16, 2023; BSCC staff presented an overview of the inspection and discussed technical assistance and best practice recommendations. BSCC staff reviewed and provided an Initial Inspection Report for noncompliance items found during the inspection. Your agency has been requested to provide BSCC staff with a CAP addressing these issues by Wednesday, December 20, 2023. * * * Please email me at dale.miller@bscc.ca.gov or call (916) 956-3679 if you have any questions. 0320 Amador County Jail LTR 23-24 Gary W. Redman Sheriff-Coroner Page 4 Sincerely, DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Amador County Superior Court* Chair, Grand Jury, Amador County* Chair, Board of Supervisors, Amador County* County Administrator, Amador County* Adam Stone, Captain, *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 0320 Amador County Jail LTR 23-24 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0320 FACILITY NAME: Amador County Jail FACILITY TYPE: II PERSON(S) INTERVIEWED: Captain Stone, Lieutenant Davis, Sergeant Place, Sergeant Henderson, Nurse Dimitri Koulakov, other Correctional staff, and multiple persons in custody FIELD REPRESENTATIVE: Dale Miller DATE: November 14-16, 2023 TITLE 15 SECTION P/P REFERENCE COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 CM 311.2 Minimum Training Requirements (a) In addition to the provisions of California Penal Code All correctional officers, full- or part-time, shall successfully complete Section 831.5, all custodial personnel of a Type I, II, III, the Adult Corrections Officer Core Course as described in 15 CCR 179 within one year from the date of assignment. scribed in Section 179 of Title 15, CCR, within one year from the date of assignment. Custodial personnel who have successfully completed the course of instruction required by Penal Code § 832.3 shall successfully (b) Custodial Personnel who have successfully complete the Corrections Officer Basic Academy Supplemental Core completed the course of instruction required by Penal Course as described in 15 CCR 180, within one year of the date of Code Section 832.3 shall also successfully complete the assignment. fficer Basic Academy Supplemental Core CM 306.4 Training Records within one year from the date of assignment. All supervisory personnel shall have completed core training as 1021 JAIL SUPERVISORY TRAINING specified in the Training Policy, prior to assuming supervisory responsibilities. Prior to assuming supervisory duties, jail supervisors shall complete the core training requirements pursuant CM 306.3 Training for New Managers and Supervisors to Section 1020, Corrections Officer Core Course. In Corrections Captain and supervisors (full- or part-time) are required addition, supervisory personnel of any Type I, II, III or IV to have 80 hours of management and supervision training as jail shall also be required to complete either the STC specified by the Commission on Peace Officer Standards and Supervisory Course (as described in Section 181, Title Training (POST) or the Standards and Training for Corrections 15, CCR) or the POST supervisory course within one Program (STC) within the first year of their appointment. year from date of assignment. CM 304.1 Required Training 1023 JAIL MANAGEMENT TRAINING With the exception of the year that the staff member is enrolled in a core training module, all staff members shall complete the annual Managerial personnel of any Type I, II, III or IV jail shall required training. be required to complete either the STC management course (as described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 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. 2 For STC participating agencies, consistency with training sections 1020, 1021, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 0320 Amador County Jail PRO 23-24 Page 1 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION P/P REFERENCE COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING The BSCC Standards and Training for Corrections (STC) division found the agency in compliance with applicable regulations during With the exception of any year that a core training the 22/23 compliance monitoring cycle. module is successfully completed, all facility/system administrators, managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall succe specified in Section 184 of Title 15, CCR. TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 1027 NUMBER OF PERSONNEL CM 204.3 Supervision of Incarcerated Persons A sufficient number of personnel shall be employed in There shall be, at all times, sufficient staff each local detention facility to ensure the implementation designated to remain in the facility for the and operation of the programs and activities required by supervision and welfare of incarcerated these regulations. persons, to ensure the implementation and operation of all programs. Whenever there is a person in custody, there shall be at CM 204.3 least one employee on duty at all times in a local Ensure the implementation and operation of detention facility or in the building which houses a local all programs and activities, and to respond to detention facility who shall be immediately available and emergencies when needed. Such staff must accessible to incarcerated people in the event of an not leave the facility while incarcerated emergency. persons are present and should not be assigned duties that could conflict with the supervision of incarcerated persons. Such an employee shall not have any other duties which CM 204.3 would conflict with the supervision and care of Such staff must not leave the facility while incarcerated people in the event of an emergency. incarcerated persons are present and should not be assigned duties that could conflict with the supervision. Whenever one or more females are in custody, there CM 204.3 shall be at least one female employee who shall be When a person from each gender is being immediately available and accessible to such females. held at this facility, a minimum of one correctional officer from each gender should Note: Reference PC § 4021. be on-duty in the jail at all times. In order to determine if there is a sufficient number of BSCC staff reviewed the staffing plan, duty personnel for a specific facility, the facility administrator roster, and safety checks in the facility. shall prepare and retain a staffing plan indicating the There appears to be adequate staffing for personnel assigned in the facility and their duties. Such this facility and the operations. a staffing 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 fiscal responsibility for the facility. 1027.5 SAFETY CHECKS CM 508 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- CM 508.3 (c) Safety checks shall be done by being of individuals and shall be conducted at least personal observation of the correctional hourly through direct visual observation of all people held officer and shall be sufficient to determine and housed in the facility. whether the incarcerated person is experiencing any stress or trauma. 0320 Amador County Jail PRO 23-24 Page 2 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (b) There shall be no more than a 60-minute lapse CM 508.3 (a) Safety checks shall be between safety checks. conducted at least once every 60 minutes. (c) Safety checks for people in sobering cells, safety BSCC staff reviewed safety checks and cells, and restraints shall occur more frequently as found that checks of the safety cell did not outlined in section 1055, section 1056, and section 1058 meet the requirements of section 1055. of these regulations. (d) Safety checks shall occur at random or varied CM 508.3 (b) Safety checks shall be intervals. conducted on an irregular schedule. (e) There shall be a written plan that includes the CM 508.3.1 Safety Check Documentation documentation of all safety checks. BSCC staff reviewed safety checks Documentation shall include: conducted from January through October 2023. Although checks meet the required intervals of this section, documentation of the checks were not specific to the three items listed below. (1) the actual time at which each individual safety CM 508.3.1 (a) The actual time when each check occurred; safety check occurred. (2) the location where each individual safety check CM 508.3.1 (b) The location where each occurred, such as a cell, module, or dormitory safety check occurred, such as a cell, number; and module, or dormitory number. (3) Initials or employee identification number of staff CM 508.3.1 (c) Initials or member who completed the safety check(s). identification number of staff who completed the safety check. (f) A documented process by which safety checks are CM 508.3.1 Safety check documentation reviewed at regular defined intervals by a supervisor or shall be reviewed at regular, defined facility manager, including methods of mitigating intervals by the Corrections Captain or patterns of inconsistent documentation, or untimely supervisor. The review shall include any completion of, safety checks. noted inconsistent documentation or any untimely completion of safety checks. 1028 FIRE AND LIFE SAFETY STAFF CM 406.3 Fire Suppression Pre-Planning Corrections Captain shall, in cooperation Whenever there is a person in custody, there shall be at with the local fire department or other least one person on duty at all times who meets the qualified entity, develop a plan for training standards established by the Board for general responding to a fire. fire and life safety. [Penal Code section 6030(c)]. The facility manager shall ensure that there is at least CM 406.2.2 Fire Prevention Responsibility one person on duty who trained in fire and life safety All staff, volunteers, and contractors who procedures that relate specifically to the facility. work in the facility are responsible for the prevention of fires. 0320 Amador County Jail PRO 23-24 Page 3 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 1029 POLICY AND PROCEDURES MANUAL3 Manual (CM) is the primary guide for Facility administrator(s) shall develop and publish a operations in the county jail. The CM was manual of policy and procedures for the facility. The last updated, reviewed, and published on policy and procedures manual shall address all August 25, 2023. applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every In addition to the CM, the Amador County two years. Such a manual shall be made available to all applies in some employees. areas of this checklist. Notes: The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III PM 200 Organizational Structure and facilities shall provide for, but not be limited to, the Responsibility following: (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility CM 104 Annual Review administrator/manager. (3) Policy on the use of force that meets current state PM 300 Use of Force and federal legal requirements and includes PM 300.3.6 Restrictions on the Use of a prohibition of the use of carotid restraint and choke Choke Hold holds. (4) Policy on the use of restraint equipment, CM 523 Use of Restraints including the restraint of pregnant persons as CM 523.8 Pregnant Incarcerated Persons referenced in Penal Code Section 3407. (5) Procedure and criteria for screening newly CM 504.3 Pre-Booking Screening received persons for release. (6) Security and control including physical counts CM 502 Inmate Counts and searches of the facility and incarcerated CM 527 Searches persons, contraband control, and key control. CM 221 Key and Electronic Access Device Each facility administrator shall, at least annually, Control review, evaluate, and make a record of security CM 113.2 Corrections Captain measures. The review and evaluation shall include Responsibilities internal and external security measures of the facility CM 113.5 Policy including security measures specific to prevention of A formal annual inspection process of this sexual abuse and sexual harassment. facility to ensure that practices and operations are in compliance with statutes, regulations, policies and procedures and best practice standards. (7) Emergency procedures include: CM 400 Facility Emergencies (A) fire suppression preplan as required by CM 406.3 Fire Suppression Pre-Planning section 1032 of these regulations; (B) escape, disturbances, and the taking of CM 400.7 Riots hostages; CM 400.8 Hostages CM 400.9 Escapes (C) mass arrests; CM 400.10 Civil Disturbance Outside of the Jail 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0320 Amador County Jail PRO 23-24 Page 4 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (D) natural disasters; CM 410 Evacuation (E) periodic testing of emergency equipment; CM 406.7 Inspections and (F) storage, issue, and use of weapons, CM 232 Perimeter Security ammunition, chemical agents, and related CM 513 Management of Weapons and security devices. Control Devices (8) Suicide Prevention. CM 748 Suicide Prevention and Intervention (9) Separation of incarcerated persons. CM 515.4 Classification Plan (10) Zero tolerance in the prevention of sexual abuse CM 1024.8 (j) The Amador County Jail has a and sexual harassment. zero-tolerance policy for sexual harassment or misconduct. (11) Policy and procedure to detect, prevent, and PM 902.4 Reporting Sexual Abuse, respond to retaliation against any staff or person Harassment, and Retaliation after reporting any abuse. (12) Release policy, including release planning for CM 774 Release Planning incarcerated persons. (e) The manual for Temporary Holding, Court Holding, PM 902.4 Reporting Sexual Abuse, Type I, II, III, and IV facilities shall provide for, but not be Harassment, and Retaliation limited to, the following: CM 506.4 Initial Orientation (1) multiple internal ways for incarcerated people to (l) 5. Reporting sexual abuse or sexual privately report sexual abuse and sexual harassment incidents, including how to harassment, retaliation by other incarcerated report such incidents anonymously. persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of BSCC staff verified signs were posted in the responsibilities that may have contributed to such housing areas that inform those in custody incidents, and staff on how to report sexual assault or sexual harassment. (2) a method for uninvolved incarcerated persons, PM 902.3 PREA Coordinator family, community members, and other interested third parties to report sexual abuse or sexual BSCC staff verified signs were posted in the harassment. The method for reporting shall be public lobby that inform family and friends of publicly posted at the facility. those in custody and on how to report sexual assault or sexual harassment. 1030 SUICIDE PREVENTION PROGRAM CM 748 Suicide Prevention and Intervention The program shall be developed by the The facility shall have a comprehensive written suicide Corrections Captain or the authorized prevention program developed by the facility designee and the Responsible Physician, administrator or designee, in conjunction with the health approved by the local public health entity, authority and mental health director, to identify, monitor, and reviewed annually by the Corrections and provide treatment to those incarcerated persons Captain. who present a suicide risk. The program shall include the following: (a) Annual suicide prevention training for all custodial CM 748.3 Staff Training personnel. All facility staff members who are responsible for supervising incarcerated persons shall receive initial and annual training on suicide risk identification, prevention, and intervention. (b) Intake screening for suicide risk immediately upon CM 748.4 Screening and Intervention intake and prior to housing assignment. 0320 Amador County Jail PRO 23-24 Page 5 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (c) Suicide prevention screening during special CM 748.4 situations, including placement in restrictive housing, Special situations may arise where a following a hearing, and after a transfer or change in screening and intervention is appropriate for classification. an incarcerated person when the person is placed in restrictive housing, following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among CM 7483 Staffing Training arresting/transporting officers, facility staff, court staff, Communication between members and medical and mental health personnel in relation to arresting/transporting correctional officers. suicide risk. (e) Housing recommendations for people at risk of CM 748.5 Suicide Watch suicide that balance safety and environment. The least restrictive environment should be considered. (f) Supervision depending on level of suicide risk. CM 748.5 (g) Suicide attempt and suicide intervention policies and CM 748.5.1 Intervention procedures. (h) Provisions for reporting suicides and suicides CM 219.3.2 Incident Reporting attempts. (b) Attempted suicide or suicidal ideation on the part of an inmate (i) Multi-disciplinary administrative review of suicides and CM 532 Inmate Death Procedures attempted suicides as defined by the facility CM 750 Inmate Death Clinical Care administrator, including the development of a corrective Review action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. CM 758.3 Continuation of Care (k) Plan for mental health consultation following return CM 748.6 Follow-up from court as determined by the mental health director. 1032 FIRE SUPPRESSION PREPLANNING CM 406 Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local CM 406.3 Fire Suppression Pre-planning fire department to be included as part of the policy and Corrections Captain shall, in cooperation procedures manual (Title 15, California Code of with the local fire department or other Regulations Section 1029); qualified entity, develop a plan for responding to a fire. (b) monthly fire prevention inspections by facility staff CM 406.7 Inspections with two-year retention of the inspection record; The Office shall be inspected by an appointed staff member who is qualified to perform fire and safety inspections on a monthly basis. BSCC staff reviewed facility staff-conducted monthly Fire and Life Safety Inspections over the last 24 months. 0320 Amador County Jail PRO 23-24 Page 6 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (c) fire prevention inspections as required by Health and A staff member shall be assigned to Safety Code Section 13146.1(a) and (b) which requires coordinate with local or state fire officials for inspections at least once every two years; the inspections as required once every two years. The Amador County Fire Department inspected the Jail on November 9, 2023. (d) an evacuation plan; and CM 410 Evacuation Evacuation routes are posted in the facility control room. (e) a plan for the emergency housing of incarcerated CM 406.8 Emergency Housing of people in the case of fire. Incarcerated Persons Plans are in place for evacuation and emergency housing. 1040 POPULATION ACCOUNTING CM 500 Population Management CM 500.4 Data Collection Each facility administrator shall maintain a demographics accounting system which reflects the monthly average daily population of sentenced and non- sentenced people by gender and juvenile status. Facility administrators shall provide the Board with CM 500.2 Reports applicable demographic information as described in the Corrections Captain or the authorized Jail Profile Survey. designee is responsible for ensuring that all required information is supplied to the Board of State and Community Corrections. 1041 RECORDS CM 214 Inmate Records CM 214.3 Record Maintenance (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for BSCC staff reviewed random records of the maintenance of individual records for each persons in custody. The reviewed records incarcerated person which shall include, but not be meet the requirements of this section. limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, PM 902.3 PREA Coordinator uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its incarcerated people. The data collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1). Note: federal survey on sexual violence. 1044 INCIDENT REPORTS CM 219 Report Preparation CM 219.3 Required Reporting Each facility administrator shall develop written policies CM 219.3.2 Incident Reporting 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. 0320 Amador County Jail PRO 23-24 Page 7 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS Such records shall include the names of the persons BSCC staff reviewed 12 incident reports involved, a description of the incident, the actions taken, completed within the last year. All the and the date and time of the occurrence. reports reviewed meet the requirements of this section. Such a written record shall be prepared by the staff CM 219.4 General Policy of Expeditious assigned to investigate the incident and submitted to the Reporting facility manager or designee. 1045 PUBLIC INFORMATION PLAN CM 238 Community Relations and Public Information Each facility administrator of a Type I, II, III or IV facility CM 238.2(b)1. 1045, Public Information Plan shall develop written policies and procedures for the dissemination of information to the public, to other government agencies, and to the news media. The public and incarcerated persons shall have available for review the following material: (a) The Board of State and Community Corrections CM 238.2 Responsibilities Minimum Standards for Local Detention Facilities as Corrections Captain is responsible for found in Title 15 of the California Code of Regulations. ensuring that the following information is public and available to all who inquire about it. (a) The Board of State and Community Corrections Minimum Standards for Local Detention Facilities as found in Title 15 of the California Code of Regulations. (b) Facility rules and procedures affecting incarcerated BSCC staff verified that there is a public people as specified in sections: information plan and copy of Title 15 are (1) 1045, Public Information Plan available to the public and those in custody. (2) 1061, Education Plan (3) 1062, Visiting (4) 1063, Correspondence (5) 1064, Library Service (6) 1065, Exercise and Out of Cell Time (7) 1066, Books, Newspapers, Periodicals and Writings (8) 1067, Access to Telephone (9) 1068, Access to Courts and Counsel (10) 1069, Orientation (11) 1070, Individual/Family Service Programs (12) 1071, Voting (13) 1072, Religious Observance (14) 1073, Grievance Procedure (15) 1080, Rules and Disciplinary Actions 0320 Amador County Jail PRO 23-24 Page 8 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (16) 1081, Plan for Discipline of Incarcerated Persons (17) 1082, Forms of Discipline (18) 1083, Limitations on Discipline (19) 1200, Responsibility for Health Care Services 1046 DEATH IN CUSTODY CM 530 Reporting In-Custody Deaths CM 531 Inmate Death Procedures (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health BSCC staff asked for and was allowed to administrator, shall develop written policy and read the panel review of the one in custody procedures to ensure that there is an initial review of death that had occurred in the facility during every in-custody death within 30 days. The review team the last year. The report meets the at a minimum shall include the facility administrator or requirements of this section. 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 CM 750 Inmate Death Clinical Care appropriateness of clinical care; whether changes to Review policies, procedures, or practices are warranted; and to identify issues that require further study. (b) Death of a Minor PM 324.9 Suicide Attempt, Death, or Serious In any case in which a minor dies while detained in a jail, Injury of a Juvenile lockup, or court holding facility: CM 531.3 Mandatory Reporting (1) The administrator of the facility shall provide to In the event that a juvenile dies while in the Board a copy of the report submitted to the custody, the Corrections Captain or the Attorney General under Government Code Section authorized designee shall notify the court of 12525. A copy of the report shall be submitted within jurisdiction and the juvenile offender's parent 10 calendar days after the death. or guardian. (2) Upon receipt of a report of death of a minor from PM 324.9(g) A copy of the report provided to the administrator, the Board may within 30 calendar the state Attorney General's office shall be days inspect and evaluate the jail, lockup, or court submitted to the Board of State and holding facility pursuant to the provisions of this Community Corrections within 10 days of the subchapter. Any inquiry made by the Board shall be death. limited to the standards and requirements set forth in these regulations. 0320 Amador County Jail PRO 23-24 Page 9 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 1050 CLASSIFICATION PLAN CM 515.4 Classification Plan The plan should include use of an objective (a) Each administrator of a temporary holding, Type I, II, screening instrument, procedures for making or III facility shall develop and implement a written decisions about classification and housing classification plan designed to properly assign assignments, intake and housing forms, and incarcerated persons to housing units and activities a process to ensure that all classification and according to the categories of gender identity, age, housing records are maintained in each criminal sophistication, seriousness of crime charged, incarcerated person's permanent file. 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 classification 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 classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall CM 515.6 Reviews and Appeals establish and implement a classification system which will include the use of classification officers or a CM 515.6.1 Periodic Classification Reviews classification committee in order to properly assign The classification correctional officer shall incarcerated persons to housing, work, rehabilitation review the status of all incarcerated persons programs, and leisure activities. Such a plan shall who have been incarcerated in the facility for include the use of as much information as is available more than 30 days. about and from the incarcerated person and shall provide for a channel of appeal by the incarcerated CM 515.6.2 Incarcerated Person Requested person to the facility administrator or designee. Each Review person may request a review of their classification plan no more often than 30 days from their last review. CM 526 Classification Procedures Note: Subsection (b) does not apply and has been CM 526.2 Reclassification deleted. (c) In deciding housing and programming assignments, CM 515.9 Prison Rape Elimination Act the agency shall consider on a case-by-case basis (PREA) Considerations whether a placement would ensure the health and safety of the incarcerated person, and whether the placement would present management or security problems. A be given serious consideration. 1051 COMMUNICABLE DISEASES CM 730 Communicable Diseases (e) Establishing procedures for the The facility administrator, in cooperation with the identification, education, immunization, responsible physician, shall develop written policies and prevention, surveillance, diagnosis, medical procedures specifying those symptoms that require isolation (when indicated), treatment, and medical isolation of an incarcerated person until a follow-up care for new incarcerated persons, medical evaluation is completed. and for incarcerated persons or employees who have contracted a communicable disease from an ill person. 0320 Amador County Jail PRO 23-24 Page 10 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS At the time of intake into the facility, an inquiry shall be CM 730 Communicable Diseases made of the person being booked as to whether the Maintain an effective program that focuses person has or has had any communicable diseases, on the identification, education, such as tuberculosis or has observable symptoms of immunization, prevention, surveillance, tuberculosis or any other communicable diseases, or diagnosis, medical isolation (when other special medical problem identified by the health indicated), treatment, follow-up, and proper authority. The response shall be noted on the medical reporting to local, state, and federal screening from. agencies. BSCC staff reviewed medical questions and verified that there are questions regarding communicable diseases. 1052 BEHAVIORAL CRISIS IDENTIFICATION CM 722.5.1 Members Conducting Health Appraisals The facility administrator, in cooperation with the CM 722.5.2 Telehealth 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 CM 748.4 Screening and Intervention 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 CM 722.5 Health Appraisal be secured within 24 hours of identification or at the next Upon the identification of a mentally daily sick call, whichever is earliest. disordered incarcerated person who may be in a behavioral crisis, a physician's opinion will be secured within 24 hours, or next sick call, whichever is earliest. Separation may be used, if necessary, to protect the CM 510 Special Management Inmates safety of the person in crisis or others. 1053 ADMINISTRATIVE SEPARATION CM 510.1. Definitions 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: CM 510 Special Management Inmates (a) Administrative separation may consist of separate Administrative segregation and protective housing but shall not involve any other deprivation of custody shall consist of separate and secure privileges than is necessary to obtain the objective of housing but shall not involve any deprivation protecting the welfare of incarcerated people and facility of privileges. staff. (b) Administrative separation must not adversely affect CM 510.8 Health Evaluation Requirements 0320 Amador County Jail PRO 23-24 Page 11 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (c) Administrative separation may be used for CM 510 Special Management Inmates incarcerated people who have: Administrative segregation - The physical (1)A documented history of activity or behavior, or separation of an inmate who is prone to promoting such activity or behavior, that is criminal (a) Promote activity or behavior that is in nature, disruptive to facility operations, or affects criminal in nature or disruptive to facility the safety of the facility, other incarcerated people, operations. and facility staff. (b) Demonstrate influence over other (2)Influenced or participated in activity that is inmates, including influence to promote or criminal in nature, disruptive to facility operations or direct action or behavior that is criminal in affects the safety of the facility, other incarcerated nature or disruptive to the safety and security people, and facility staff. of other inmates or facility staff, as well as to (3)Committed assault, attempted assault, or the safe operation of the facility. participated in a conspiracy to assault or harm other (c) Escape. incarcerated persons or facility staff. (d) Assault staff or other inmates or (4)A history of escape or have recently attempted participate in a conspiracy to assault or harm escape. them. (5) A demonstrated need for protection from other (e) Need protection from other inmates incarcerated people. (d) Documentation indicating the necessity of CM 510.5 Protective Custody administrative separation to obtain the objective of protecting the welfare of incarcerated people and facility staff. (e) A documented individualized ongoing review and CM 510.4.1 Review Process evaluation of the need to continue placement in administrative separation. 1055 USE OF SAFETY CELL CM 537 Safety and Sobering Cells CM 537.2 Policy The safety cell described in Title 24, Part 2, Section The Corrections Captain or the authorized 1231.2.5, shall be used to hold only those people who designee shall review this policy annually display behavior which results in the destruction of with the Responsible Physician. property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the CM 537.3 Safety Cell Procedures 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 CM 537.2 punishment or as a substitute for treatment. A sobering or safety cell shall not be used as punishment or as a substitute for treatment. (b) A person shall be placed in a safety cell only with the CM 537.3 (a) Placement of an incarcerated approval of the facility manager or designee, or person into a safety cell requires approval of responsible health care staff; continued retention shall the Watch Commander or the Responsible be reviewed a minimum of every four hours. Physician. (g) The Watch Commander shall review the appropriateness for continued retention in the safety cell at least every four hours. 0320 Amador County Jail PRO 23-24 Page 12 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (c) A medical assessment shall be completed as soon as CM 537.3 (h) A medical assessment of the possible, but not more than 12 hours from the time of incarcerated person in the safety cell shall placement in the safety cell. The person shall be occur as soon as possible, but not more than medically cleared for continued retention, referral to 12 hours from the time of placement. The advanced treatment, or removal from the safety cell a person shall be medically cleared for minimum of every 24 hours thereafter. continued assessment, referral to advanced treatment, or removed from the safety cell a minimum of 24 hours thereafter. (d) The facility manager, designee or responsible health CM 537.3 (i) A mental health assessment care staff shall obtain a mental health shall be conducted as soon as possible, but opinion/consultation with responsible health care staff on not more than 12 hours from an incarcerated placement and retention, which shall be secured as soon person's placement. The mental health as possible, but not more than 12 hours from placement. professional's recommendations shall be documented. (e) Direct visual observation shall be conducted at least CM 537.3 (c) A safety check consisting of twice every 30 minutes, with no more than a 15-minute direct visual observation that is sufficient to lapse between safety checks. Such observation shall be assess the incarcerated person's well-being documented. and behavior shall occur twice every 30 minutes with no more than a 15-minute lapse between safety checks. Each safety check of the incarcerated person shall be documented. BSCC staff reviewed 15 random safety cell logs from the last year. Nearly all the checks meet the 2 checks within 30 minutes, but several did not meet the no more than 15- minute lapse between checks. (f) Procedures shall be established to assure CM 537.3 (e) Incarcerated persons in safety administration of necessary nutrition and fluids. cells shall be given the opportunity to have fluids (water, juices) at least hourly. (f) Incarcerated persons will be provided meals during each meal period. (g) People placed in the safety cell shall be allowed to CM 537.3 (d) Incarcerated persons should retain sufficient clothing or be provided with a suitably be permitted to remain normally clothed or should be provided a safety suit, except in privacy unless specific identifiable risks to the person's cases where the incarcerated person has safety or to the security of the facility are documented. demonstrated that clothing articles may pose a risk to the incarcerated person's safety or the facility. In these cases, the reasons for not providing clothing shall be documented on the safety cell log. 1056 USE OF SOBERING CELL CM 537 Safety and Sobering Cells Sobering cell - A holding cell designed to The sobering cell described in Title 24, Part 2, Section minimize the risk of injury by falling or 1231.2.4, shall be used for temporary holding of dangerous behavior. It is used as an initial incarcerated people who are a threat to their own safety sobering place for arrestees or incarcerated or the safety of others due to their state of intoxication. persons who are a threat to their own safety or the safety of others as a result of being intoxicated from any substance. A person shall be removed from the sobering cell as CM 537.4 Sobering Cell Procedures soon as they are able to continue the admission process (d) Incarcerated persons will be removed or are no longer a risk to themselves or others. from the sobering cell when they no longer pose a threat to their own safety and the safety of others and are able to continue the booking process. 0320 Amador County Jail PRO 23-24 Page 13 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS In no case shall a person remain in a sobering cell over CM 537.4 (c) Qualified health care six hours without an evaluation by medical or custody professionals shall assess the medical staff to determine whether the person has an urgent condition of the incarcerated person in the medical problem, pursuant to section 1213 of these sobering cell at least every six hours. regulations. At 12 hours from the time of placement, all persons must BSCC staff reviewed 12 random sobering receive an evaluation by responsible health care staff. cell logs from the last year. The logs reviewed meet the requirements of this section. Intermittent direct visual observation of people held in CM 537.4 (b) A safety check consisting of the sobering cell shall be conducted no less than every direct visual observation that is sufficient to half hour. Such observation shall be documented. assess the incarcerated person's well-being and behavior shall occur at least once every 30 minutes on an irregular schedule. Each visual observation of the incarcerated person by staff shall be documented. 1057 DEVELOPMENTAL DISABILITIES CM 724 Mental Health Services The facility administrator, in cooperation with the BSCC staff interviewed facility medical staff responsible physician, shall develop written policies and and confirmed access to, telemed, and care procedures for the identification and evaluation, for those in custody. appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the CM 724.4 Basic Mental Health Services regional center for any incarcerated person suspected or (d) Incarcerated persons who are suspected confirmed to have a developmental disability for the or known to have a developmental disability purposes of diagnosis or treatment within 24 hours of should receive a mental health appraisal by such determination, excluding holidays and weekends. the qualified health care professional or health-trained custody staff as soon as reasonably practicable but no later than 24 hours after booking. 1058 USE OF RESTRAINT DEVICES CM 523 Use of Restraints This policy shall apply to the use of specific The facility administrator, in cooperation with the types of restraints, such as four/five-point responsible physician, shall develop and implement restraints, restraint chairs, ambulatory written policies and procedures for the use of restraint restraints, and similar restraint systems, as devices. Restraint devices include any devices which well as all other restraints, including immobilize extremities or prevent the incarcerated handcuffs, waist chains, and leg irons when person from being ambulatory. The provisions of this such restraints are used to restrain any section do not apply to the use of handcuffs, shackles, incarcerated person for prolonged periods. or other restraint devices when used to restrain incarcerated people for security reasons. The facility This policy does not apply to the temporary manager may delegate authority to place an use of restraints, such as handcuffing or the incarcerated person in restraints to responsible health use of leg irons to control an incarcerated care staff. person during movement and transportation inside or outside the facility. (a) The policy shall address the following areas: CM 523.3 Use of Restraints - Control (1) acceptable restraint devices; (2) signs or symptoms which should result in CM 523.6 Availability of CPR Equipment immediate medical/mental health referral; BSCC staff verified that CPR and AED items availability of cardiopulmonary resuscitation are located near where persons are equipment; restrained. (3) protective housing of restrained persons; 0320 Amador County Jail PRO 23-24 Page 14 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (4) provision for hydration and sanitation needs; and CM 523.5 Food, Hydration, and Sanitation (5) exercising of extremities. CM 523.4 Range of Motion (b) Policy shall also include, but not be limited to, the following requirements: (1) In no case shall restraints be used for CM 523.3 (a) Restraints shall not be used as punishment or as a substitute for treatment. punishment. (2) Restraint devices shall only be used on CM 523.3 incarcerated people who display behavior which Restraint devices, such as restraint chairs, results in the destruction of property or reveal an shall only be used on an incarcerated person intent to cause physical harm to self or others. when it reasonably appears necessary to overcome resistance, prevent escape, or bring an incident under control, thereby preventing injury to the incarcerated person or others, or eliminating the possibility of property damage. (3) Restraint devices should be used only when less CM 523.3 restrictive alternatives, including verbal de- Restraints shall not be utilized any longer escalation techniques, have been attempted and are than is reasonably necessary to achieve the deemed ineffective. above goals. (4) An incarcerated person shall be placed in CM 523.3 restraints only with the approval of the facility Supervisors shall proactively oversee the manager, the facility watch commander, or use of restraints on any incarcerated person. responsible health care staff; continued retention Whenever feasible, the use of restraints, shall be reviewed a minimum of every hour. other than routine use during transfer, shall require the approval of the Watch Commander prior to application. (5) Continuous direct visual observation shall be CM 523.3 (h) Continuous direct visual maintained until a medical opinion can be obtained. observation shall be maintained until a medical opinion can be obtained. (6) A medical opinion on placement and retention CM 523.3 (i) Within one hour of placement in shall be secured within one hour from the time of restraints, a qualified health care placement. professional shall document an opinion regarding the placement and retention of the restraints. (7) A medical assessment shall be completed within CM 523.3 (j) As soon as practicable, but four hours of placement. within four hours of placement in restraints, the incarcerated person shall be medically assessed. (8) Continuous direct visual observation shall be CM 523.3 (f) Staff members shall conduct conducted at least twice every 30 minutes to ensure continuous direct face-to-face observation at that the restraints are properly employed, and to least twice every 30 minutes on an irregular ensure the safety and well-being of the incarcerated schedule to check the incarcerated person's person. Such observation shall be documented. physical well-being and behavior. Restraints While in restraint devices all incarcerated persons shall be checked to verify correct application shall be housed alone or in a specified housing area and to ensure they do not compromise which makes provisions to protect the person from circulation. All checks shall be documented, abuse. with the actual time recorded by the person doing the observation. 0320 Amador County Jail PRO 23-24 Page 15 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (9) If the facility manager, or designee, in CM 523.3 (k) As soon as practicable, but consultation with responsible health care staff within eight hours of placement in restraints, determines that an incarcerated person cannot be the incarcerated person must be evaluated safely removed from restraints after eight hours, the by a mental health professional. If the person shall be taken to a medical facility for further Corrections Captain, or the authorized evaluation. designee, in consultation with responsible health care staff determines that the incarcerated person cannot be safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use CM 523.3 (l) Where applicable, the the restraint device ma Corrections Captain shall use the restraint maximum time limits for placement. device manufacturer's recommended maximum time limits for placement. (11) All events and information related to the CM 523.2 Policy placement in restraints shall be documented and Each incident where restraints are used shall shall be video recorded unless exigent be documented by the handling staff circumstances prevent staff from doing so. The member and placed in the appropriate file documentation shall include: the reason for prior to the end of the staff member's shift. placement; person authorizing placement; names of CM 538.5.1 Video Recording staff involved in the placement; injuries sustained; BSCC staff reviewed the 5 uses of restraints and the duration of placement. in the last year. These logs meet the requirements of this section. 1058.5 RESTRAINTS AND PREGNANT PERSONS CM 523.8 Pregnant Incarcerated 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 CM 523.8 in recovery after delivery or termination of the Incarcerated persons who are known to be pregnancy shall not be restrained by the use of leg pregnant will not be handcuffed behind their or waist restraints, or handcuffs behind the body. backs or placed in waist restraints or leg irons. (2) An incarcerated pregnant person in labor, during CM 523.8 delivery, or in recovery after delivery or termination Restraints will not be used on incarcerated of the pregnancy, shall not be restrained by the persons who are known to be pregnant wrists, ankles, or both, unless deemed necessary for unless based on an individualized the safety and security of the incarcerated person, determination that restraints are reasonably the staff, or the public. necessary for the legitimate safety and security needs of the incarcerated person, the staff, or the public. (3) Restraints shall be removed when a professional CM 523.8.1 Incarcerated Persons in who is currently responsible for the medical care of Recovery After Terminated Pregnancy an incarcerated pregnant person during a medical Restraints shall be removed when medical emergency, labor, delivery, or recovery after delivery staff responsible for the medical care of the or termination of the pregnancy determines that the incarcerated person determines that the removal of restraints is medically necessary. removal of restraints is medically necessary. 0320 Amador County Jail PRO 23-24 Page 16 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS CM 523.8 pregnancy, they shall be advised, orally or in writing, Once pregnancy has been confirmed, a of the standards and policies governing incarcerated pregnant incarcerated person should be pregnant people. advised of the policies and procedures regarding the restraint of pregnant persons. 1059 DNA COLLECTION, USE OF FORCE CM 539 Biological Samples CM 539.4.1 Collection (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel BSCC staff asked to see any reports of use including peace officers, may employ reasonable force of force to obtain a DNA sample in the last to collect blood specimens, saliva samples, or thumb or year. There were no reported incidents. palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. CM 539.5 Calculated Use of Force to Obtain Samples an objective, trained and competent correctional employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded CM 539.5 by efforts to secure voluntary compliance. Efforts to If an incarcerated person refuses to secure voluntary compliance shall be documented cooperate with the sample collection and include an advisement of the legal obligation to process, correctional officers should attempt provide the requisite specimen, sample or to identify the reason for refusal and seek impression and the consequences of refusal. voluntary compliance without resorting to using force. (b) The force shall not be used without the prior written CM 539.5 authorization of the facility watch commander or The Watch Commander shall review and designee on duty. The authorization shall include approve any calculated use of force. The information that reflects the fact that the offender was supervisor shall be present to supervise and asked to provide the requisite specimen, sample, or document the calculated use of force. impression and refused. (c) If the use of reasonable force includes a cell CM 539.5.1 Video Recording extraction, the extraction shall be videotaped, including If the use of force includes a cell extraction, audio. Video shall be directed at the cell extraction event. the extraction shall also be video recorded, The videotape shall be retained by the agency for the including audio. The video recording shall be length of time required by statute. Notwithstanding the retained by the facility in accordance with use of the video as evidence in a criminal proceeding, established records retention schedules. the tape shall be retained administratively. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained by the jail administration. 1061 EDUCATION PROGRAM CM 1000 Inmate Programs and Services CM 1012 Inmate Educational, Vocational, The facility administrator of any Type II or III facility shall and Rehabilitation Programs plan and shall request of appropriate public officials an education program for incarcerated persons. When such services are not made available by the CM 1000.3 Inmate Programs Coordinator appropriate public officials, then the facility administrator Responsibilities shall develop and implement an education program with (c) Act as a liaison with other service available resources. providers in the community that may offer social or educational programs 0320 Amador County Jail PRO 23-24 Page 17 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS Such a plan shall provide for the voluntary academic or CM 1000.3 (i) Ensure inmates are not denied vocational, or both, education of housed people. access to educational and vocational programs based solely on their indigent status. Reasonable criteria for program eligibility shall be CM 1012.6 Eligibility Requirements established. Modified academic or vocational opportunities may be provided based on sound security and regulations. 1062 VISITING CM 1022 Visitation CM 1022.3 Procedures The facility administrator shall develop and implement written policies and procedures, which include the following requirements: (a) A visiting program which shall provide for: CM 1022.3 (1) As many in-person visits and visitors as facility Corrections Captain shall develop written schedules, space, and number of personnel will procedures for incarcerated person visiting, allow. which shall provide for as many visits and visitors as facility schedules, space, and number of personnel will reasonably allow, with no fewer visits allowed than specified. (2) A publicly posted schedule of facility visiting CM1022.5 Visiting Schedule hours. If practicable, visiting hours should be made The visiting hours will also be posted in the available on weekends, evenings, or holidays. public area of the facility. BSCC staff verified that the visiting schedule is available on the department website and posted in the public lobby. (3) For all incarcerated persons in Type II, III, and IV CM 1022.3 Procedures facilities there shall be allowed no fewer than two No fewer visits allowed than specified by 15 visits totaling at least one hour per incarcerated CCR 1062 per week. person each week. (b) Visits may not be cancelled unless a legitimate CM 1022.6 Denial or Termination of Visiting operational or safety and security concern exists. All Privileges cancelled visits must be documented. The facility manager or designee shall regularly review cancelled visits and document such review. (c) The visiting policies developed pursuant to this CM 1022.7 (a) Children visiting incarcerated section shall include provision for visitation by minor persons must be deemed age appropriate by children of the incarcerated person. the parent or guardian accompanying the child. (d) Video visitation may be used to supplement existing CM 1022.3.2 Video Visitation Not to Replace visitation programs but shall not be used to fulfill the In-Person Visitation requirements of this section if in-person visitation is requested by an incarcerated person. (e) Facilities shall not charge for visitation when visitors There is no on-site video visitation. are onsite and participating in either in-person or video defined as the location where the incarcerated person is housed. 0320 Amador County Jail PRO 23-24 Page 18 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017, or (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1(a)(4) (June 2017). Mode of visitation; In-person through physical barrier. Remote video visitation. Visitation hours; 0830-1730 Fri, Sat, Sun Time inmates are allowed for visitation; and Two 30-Minutes per week. Any restrictions on inmate visitation. Persons on active parole or probation. 1063 CORRESPONDENCE CM 1018 Mail CM 1018.3 Mail Generally The facility administrator shall develop written policies Incarcerated persons may, at their own and procedures for correspondence which provide that: expense, send and receive mail without (a) there is no limitation on the volume of mail that an restrictions on quantity. incarcerated person may send or receive; CM 1018.6 Processing and Inspection of read when there is a valid security reason, and the facility Mail by Staff manager or designee approves; (c) jail staff shall not review an CM 1018.4 Confidential Correspondence correspondence to or from state and federal courts, any Incarcerated persons may correspond member of the State Bar or holder of public office, and confidentially with courts, legal counsel, the State Board of State and Community Corrections; officials of this office, elected officials, the however, jail authorities may open and inspect such mail Department of Corrections, jail inspectors, only to search for contraband, cash, checks, or money government officials, or officers of the court. orders and in the presence of the incarcerated person; (d) incarcerated persons may correspond, confidentially, CM 1018.4 with the facility manager or the facility administrator; and (e) those incarcerated persons who are without funds CM 613 Indigent Inmates shall be permitted at least four postage paid envelopes CM 613.5 Indigent Inmate Requests for and eight sheets of paper each week to permit Writing Materials correspondence with family members and friends but four pre-stamped envelopes for without limitation on the number of postage paid correspondence with family and friends envelopes and sheets of paper to their attorney and to Eight sheets of writing paper the courts. CM 1018.9 Indigent Incarcerated Persons Request for Writing Materials 0320 Amador County Jail PRO 23-24 Page 19 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 1064 LIBRARY SERVICES CM 1016 Library Services The library services shall include access via The facility administrator shall develop written policies paper documents or through electronic and procedures for library service in all Type II, III, and media to legal reference materials, current IV facilities. The scope of such service shall be information on community services and determined by the facility administrator. The library resources, and religious, educational, and service shall include access to the following resources recreational reading material. via paper documents or through electronic media and include current information on community services and resources, and religious, educational, legal reference material and recreational reading material. In Type IV facilities such a program can be either in-house or provided through access to the community. 1065 EXERCISE AND OUT OF CELL TIME CM 1010 Exercise and Out of Cell Time CM 1010.3 Responsibilities (a) The facility administrator of a Type II or III facility shall develop written policies and procedures for a minimum BSCC staff reviewed recent logs and found of 10 hours of out of cell time distributed over a period of that persons are receiving the requirements seven days to include: of this section. (1) an opportunity for three hours of exercise and CM 1010.3 At least three hours per week of exercise opportunities. (2) an opportunity for seven hours of recreation. CM 1010.3 At least seven hours of out of cell time distributed over a period of seven days for recreation. Policies shall include reasonable and necessary CM 1010.6 Security and Supervision procedures to ensure safety and security. 1066 BOOKS, NEWSPAPERS, PERIODICALS, CM 1018.7 Books, Magazines, Newspapers, AND WRITINGS and Periodicals (a) The facility administrator of a Type II or III facility shall Publications, magazines, or newspapers develop written policies and procedures which will permit shall be accepted only if they are mailed incarcerated persons to purchase, receive and read any directly from the publisher to a named book, newspaper, periodical, or writing accepted for incarcerated person. A current newspaper in distribution by the United States Postal Service. The general circulation or other like source, facility administrator shall develop and implement a including a non-English alternative shall be written plan to make available a current newspaper or made available to interested people. other like source, including a non-English language alternative, to ensure reasonable access to interested people. Nothing herein shall be construed as limiting the right of a facility administrator to: (1) exclude any publications or writings based on CM 1018.8 Rejection of Magazines and any legitimate penological interest; Periodicals 0320 Amador County Jail PRO 23-24 Page 20 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (2) exclude obscene publications or writings, and CM 1018.8 mail containing information concerning where, how, Materials that may be rejected include but or from whom such matter may be obtained; and any are not limited to: Any material that would matter of a character tending to incite murder, arson, have a tendency to incite murder, arson, riot, riot, violent racism, or any other form of violence; any violent racism, or any other form of violence; matter of a character tending to incite crimes against any material that would have a tendency to children; any matter concerning unlawful gambling incite crimes against children; any material or an unlawful lottery; the manufacture or use of concerning unlawful gambling or an unlawful weapons, narcotics, or explosives; or any other lottery; any material containing information unlawful activity; on the manufacture or use of weapons, narcotics, or explosives or any other unlawful activity. (3) open and inspect any publications or packages CM 1018.6 received by an incarcerated person; and Assigned correctional officers should open and inspect all incoming and outgoing general mail of current incarcerated persons. (4) restrict the number of books, newspapers, CM 1018.3 Mail Generally periodicals, or writings the incarcerated person may Excess mail will be stored with the have in their cell or elsewhere in the facility at one incarcerated person's personal property and time. returned at the incarcerated person's release. 1067 ACCESS TO TELEPHONE CM 504.8 Inmate Telephone Calls Every inmate detained in this facility shall be The facility administrator shall develop written policies entitled to at least three completed telephone and procedures which allow access to a telephone or calls immediately upon being admitted and communication device beyond those telephone calls no later than three hours after arrest. Either which are required by Section 851.5 of the Penal Code. the arresting or booking correctional officer Individuals who are known to have or are perceived by must ask the inmate if he/she is a custodial others as having hearing or speech impairments shall be parent with responsibility for a minor child as provided access to the appropriate telecommunication soon as practicable, but no later than three device which will facilitate communication. Such devices hours after the arrest, except when may include but are not limited to videophones, physically impossible. If the inmate is a teletypewriters, or third-party communications custodial parent with responsibility for a minor child, the inmate shall be entitled to communications shall not be withdrawn unless doing so make two additional telephone calls to is required to uphold the safety and security of the arrange care for the minor child. facility. CM 604.3 Access to telephones equipped with a telecommunications device for the deaf (TDD) for incarcerated persons who are deaf, are hard of hearing, or have a speech impairment. 1068 ACCESS TO COURTS AND COUNSEL CM 606 Inmate 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: (a) unlimited mail as provided in Section 1063 of these CM 1018.3 Mail Generally regulations, and Incarcerated persons may, at their own expense, send and receive mail without restrictions on quantity. (b) confidential consultation with attorneys. CM 606.4 Confidentiality 0320 Amador County Jail PRO 23-24 Page 21 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 1069 ORIENTATION CM 506 Inmate Handbook and Orientation The orientation should take place within 24 (a) In Type II, III, and IV facilities, the facility administrator shall develop written policies and procedures for the event prior to the inmate being moved to implementation of a program for people newly admitted general population housing. to the facility designed to orient them at the time of placement in a living area. BSCC staff found that persons receive a handbook, video, and posted rules for the orientation. These meet the requirements of this section. Both written and verbal information shall be provided and CM 506.4 Initial Orientation may be supplemented with video orientation. Provision shall be made to provide accessible orientation CM 506.4 information to each person, including those with In addition to English, orientation information disabilities, limited literacy, or those with limited English will be provided in the most commonly used proficiency (LEP). languages for the inmate population. Such a program shall be published and include, but not CM 506.4 be limited to, the following: (b) Correspondence, visiting, and telephone (1) correspondence, visiting, and telephone usage rules. rules; (2) rules and disciplinary procedures; (a) Facility rules and disciplinary sanctions (3) grievance procedures; (c) Inmate grievance procedure (4) programs and activities available and method of (g) Programs and activities, including application; application procedures (5) medical and mental health services; (e) Medical, dental, and mental health services (6) classification/housing assignments; (h) Classification/housing assignments and appeal procedures (7) court appearance where scheduled, if known; (i) Court appearance, where scheduled, if known (8) voting, including registration; (p) Voting, including registering to vote (9) zero tolerance policy against sexual abuse and (l) Sexual abuse and sexual harassment sexual harassment; and information (10)availability of personal care items and (j) Availability of personal care items and opportunities for personal hygiene. opportunities for personal hygiene 1070 INDIVIDUAL/FAMILY SERVICE PROGRAMS CM 1000 Inmate Programs and Services The facility administrator of a Type II, III, or IV facility The following programs are offered: shall develop written policies and procedures which - AA/NA facilitate cooperation with appropriate public or private - GED-High School Diploma agencies for individual or family social service programs - Job Training for incarcerated persons. Such a program shall utilize the - Pathway training services and resources available in the community and - Religious programs may be in the form of a resource guide or actual service - Tablet education and classes. delivery. 0320 Amador County Jail PRO 23-24 Page 22 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS The range and source of such services shall be at the CM 1000 discretion of the facility administrator and may include: Programs and services offered for the benefit (a) risk and needs assessments; of inmates may include social services, faith- (b) best practices in: based services, recreational activities, library (1) individual, group or family counseling; access, educational/vocational training, (2) drug and alcohol abuse counseling; alcohol and drug abuse recovery programs (3) cognitive behavioral interventions; and leisure time activities. (4) vocational testing and counseling; CM 1002.4.2 Expenditure For Reentry (5) employment counseling; Programs (6) discharge and reentry planning; Expenditures from the Inmate Welfare Fund (c) referral to community resources and programs; are also permitted for programs that assist (d) reentry planning and service development; indigent inmates with the reentry process (e) legal assistance; within 30 days of release. These programs (f) regional center services for the developmentally include work placement, counseling, disabled; and, obtaining proper identification, education and (g) community volunteers. housing. 1071 VOTING CM 621 Inmate Voting CM 621.4.1 Registering to Vote The facility administrator of a Type I (holding sentenced incarcerated workers) II, III or IV facility shall develop written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES CM 1034 Religious Programs CM 1034.4 Religious Beliefs and The facility administrator of a Type I, II, III or IV facility Accommodation Requests shall develop written policies and procedures to provide opportunities for incarcerated persons to participate in religious services, practices, and counseling on a voluntary basis. 1073 GRIEVANCE PROCEDURE CM 619 Inmate Grievances Any inmate may file a grievance relating to (a) Each administrator of a Type II, III, or IV facility and conditions of confinement, which includes Type I facilities which hold incarcerated workers shall release date, housing, medical care, food develop written policies and procedures whereby all services, hygiene and sanitation needs, incarcerated persons have the opportunity and ability to recreation opportunities, classification submit and appeal grievances relating to any conditions actions, disciplinary actions, program of confinement, including but not limited to: medical care; participation, telephone and mail use classification actions; disciplinary actions; program procedures, visiting procedures and participation; telephone, mail, and visiting procedures; allegations of sexual abuse. and food, clothing, and bedding. BSCC staff reviewed 14 random grievances Such policies and procedures shall include: submitted within the last year. (1) a grievance form; CM 619.2.1 Access to the Grievance System A grievance form or instructions for registering a grievance. (2) instructions for registering and appealing a CM 619.2.1 grievance, including relevant deadlines; Instructions for the resolution of the grievance at the lowest appropriate staff level, the appeal process to the next level of review, and provision of required timeframes for responses (3) a process for submission and handling of anonymous grievances; 0320 Amador County Jail PRO 23-24 Page 23 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (4) resolution of the grievance at the lowest CM 619.2.1 appropriate staff level; Instructions for the resolution of the grievance at the lowest appropriate staff level. (5) appeal to the next level of review; CM 619.2.1 The appeal process to the next level of review (6) written reasons for denial of grievance at each CM 619.2.1 level of review which acts on the grievance; Written reasons for denial of a grievance at each level of review. (7) provision for a non-automated initial response CM 619.3.2 Timely Resolution of Grievance within a reasonable time limit which shall not exceed Filing a period of 15 calendar days; (8) provision for resolving questions of jurisdiction CM 619.2.1 within the facility; A provision for resolving questions of jurisdiction within the facility (9) provision for providing a copy of the grievance, CM 619.3 Inmate Grievance Procedures appeal, response, and related documents to the incarcerated person; and (10) The facility manager or designee shall conduct CM 619.3.3 Recording Grievances regular review of grievances, responses, and appeals. (b) Grievance System Abuse: CM 619.3.4 Frivolous Grievances The facility may establish written policy and procedure to control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY ACTIONS CM 600 Discipline This policy addresses the fair and equitable Wherever discipline is administered, each facility application of incarcerated person rules and administrator shall establish written rules and disciplinary actions for those who fail to disciplinary actions to guide the conduct of incarcerated comply. persons. Notes: If discipline IS NOT administered, written policy should indicate as such. If discipline IS administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply CM 600.3.1 Rules and Actions and affirmatively and posted conspicuously in housing BSCC staff verified that rules are posted in units and the booking area or issued to each person the housing units. upon booking. For those individuals with limited literacy, who are unable CM 506.5 Orientation for Non-Readers, to read English, and for persons with disabilities, Visually Impaired, and Deaf or Hard-Of- provision shall be made for the jail staff to instruct them Hearing Inmates verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and actions. 1081 PLAN FOR DISCIPLINE OF INCARCERATED CM 600.3 Due Process PERSONS Incarcerated persons who are subject to discipline as a result of rule violations shall Each facility administrator shall develop written policies be afforded the procedural due process by and procedures for discipline of incarcerated persons. the Sheriff that is established in the policies, The plan shall include, but not be limited to, the following procedures, and practices relating to elements: incarcerated persons. 0320 Amador County Jail PRO 23-24 Page 24 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (a) Temporary Loss of Privileges: For minor acts of non- CM 600.4 Rule Violation Procedures conformance or minor violations of facility rules, staff Disciplinary actions that may be imposed for may impose a temporary loss of privileges, such as minor rule violations. 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 CM 600.4.1 Multiple Minor Rule Violations or repetitive minor acts of non-conformance or repetitive CM 600.4.2 Major Rule Violations minor violations of facility rules shall be reported in CM 600.11 Guidelines for Disciplinary writing by the staff member observing the act and Actions submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. 2. Placement in disciplinary separation. 3. Loss of privileges mandated by regulations. A staff member with investigative and disciplinary CM 600.5 Investigations authority shall be designated as a disciplinary officer to impose such consequences. Staff shall not participate in disciplinary review if they are CM 600.7 Hearing Officer involved in the charges. Such charges pending against an incarcerated person CM 600.6 Notifications shall be acted on with the following provisions and within An incarcerated person charged with a major specified timeframes: rule violation shall be given a written 1. A copy of the report, or a separate written notice description of the incident and the rules of the violation(s), shall be provided to the violated at least 24 hours prior to a incarcerated person. disciplinary hearing. 2. Unless declined by the incarcerated person, a CM 600.6 hearing shall be provided no sooner than 24 hours Unless waived in writing by the incarcerated after the report has been submitted to the person, hearings may not be held in less disciplinary officer and the incarcerated person has than 24 hours from the time of notification. 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 CM 600.8.1 Evidence appear on their own behalf at the time of hearing and 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 CM600.5 hours after an incarcerated person has been Investigations involving major rule violations informed of the charge(s) in writing. should be initiated within 24 hours of the initial report and completed in sufficient time for the incarcerated person to have a disciplinary hearing, which is required within 72 hours of the time the incarcerated person was informed. BSCC staff found that several disciplinary actions and hearings were not handled according to policy and in a timely manner. 0320 Amador County Jail PRO 23-24 Page 25 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 5. Subsequent to final disposition of disciplinary CM 600.8.4 Report of Findings charges by the disciplinary officer, the charges and All disciplinary hearing reports and the action taken shall be reviewed by the facility dispositions shall be reviewed by the manager or designee. Corrections Captain or the authorized designee soon after the final disposition. 6. The incarcerated person shall be advised in a CM 600.8.4 written statement by the factfinders about the A copy of the report shall be provided to the evidence relied on and the reasons for the incarcerated person. The original shall be disciplinary action. A copy of the record shall be kept filed with the record of the proceedings. pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a CM 600.8.4 supervisor on all disciplinary action. (c) Nothing in this section precludes a facility CM 600.4.3 Prehearing Detention administrator from administratively separating any Incarcerated persons who are accused of a incarcerated person from the general population or major rule violation may be moved to program for reasons of personal, mental, or physical administrative restrictive housing for health, or under any circumstance in which the safety of prehearing detention, with the Watch the person, staff, program, or community is endangered, Commander's approval, if there is a threat to pending disciplinary action or a review as required by safety or security. Incarcerated persons Section 1053 of these regulations. placed in prehearing detention are subject to the property and privilege restrictions commensurate with segregated confinement. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE CM 600.11 Guidelines For Disciplinary Actions The degree of actions taken by the disciplinary officer Acceptable forms of discipline shall consist shall be directly related to the severity of the rule of but not be limited to the following: infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of discipline shall consist of, but not be limited to, the -term lockdown for less than 24 hours following: (a) Loss of privileges. (b) Extra work detail. Penal Code § 4019 (c) Short term lockdown for less than 24 hours. (d) Removal from work details. under Penal Code § 4019 Code Section 4019. Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS CM 600.10 Limitations on Disciplinary Actions The Penal Code and the State Constitution expressly U.S. and state constitutions expressly prohibit all cruel and unusual punishment. Disciplinary prohibit all cruel or unusual punishment, actions shall not include corporal punishment, group disciplinary actions shall not include punishment when feasible, or physical or psychological corporate punishment, group punishment degradation. when feasible, or physical or psychological degradation. Additionally, there shall be the following limitations: (a) Disciplinary separation shall be considered an option an option of last resort and as a response to of last resort and as a response to the most serious and the most serious and threatening behavior, threatening behavior, for the shortest time possible, and for the shortest time possible, and with the with the least restrictive conditions possible. least restrictive conditions possible. 0320 Amador County Jail PRO 23-24 Page 26 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (1) If a person is on disciplinary separation status for CM 602.3 Disciplinary Separation 30 consecutive days there shall be a review by the Disciplinary separation in excess of 30 days facility manager before the disciplinary separation shall be reviewed by the Corrections Captain status is continued. This review shall include a before the discipline is imposed. The review consultation with health care staff. Such reviews shall include a consultation with health care shall continue at least every fifteen days thereafter staff. Such reviews shall continue at least until the disciplinary status has ended. This review every 15 days thereafter until the disciplinary shall be documented. status has ended. These reviews shall be documented. (2) The disciplinary separation cells or cell shall have CM 602.4.1 Medication, Clothing, and the minimum furnishings and space specified in Title Personal Items 24, Part 2, 1231.2.6 and 2.7. Occupants shall be Incarcerated persons in disciplinary issued clothing and bedding as specified in Articles separation shall not be deprived of bedding 13 and 14 of these regulations and shall not be or clothing except in cases where the inmate deprived of them through any portion of the day destroys such articles or uses them to except that those incarcerated persons who engage attempt suicide. The decision to continue to in the destruction of bedding or clothing may be deprive the incarcerated person of these deprived of such articles. The decision to deprive a articles must be made by the Corrections person of such articles of clothing and bedding shall Captain or the authorized designee and be reviewed by the facility manager or designee reviewed every 24 hours. during each 24-hour period. (3) If after placement in separation, mental health or CM 602 Disciplinary Separation medical staff determine that an individual has 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 CM 600.10 person or group of incarcerated people to exercise the In no case shall any incarcerated person or right of punishment over any other incarcerated person group of incarcerated persons be delegated or group of incarcerated people. the authority to punish any other incarcerated person or group of incarcerated Note: PC § 4019.5. persons (c) In no case shall a safety cell, as specified in Title 24, CM 600.10 Part 2, 1231.2.5, or any restraint device be used for In no case shall a safety cell, as specified in disciplinary purposes. the Safety and Sobering Cells Policy, be used for disciplinary purposes (d) No incarcerated person may be deprived of the CM 600.10 implements necessary to maintain an acceptable level of No incarcerated person may be deprived of personal hygiene as specified in Section 1265 of these the implements necessary to maintain an regulations. acceptable level of personal hygiene. (e) Food shall not be withheld as a disciplinary measure. CM 600.10 Food shall not be withheld as a disciplinary measure. (f) Correspondence privileges shall not be withheld CM 600.10 except in cases where the incarcerated person has Correspondence privileges shall not be violated correspondence regulations, in which case withheld except in cases where the correspondence may be suspended for no longer than incarcerated person has violated 72 hours, without the review and approval of the facility correspondence regulations, in which case manager. correspondence other than legal mail may be suspended for no longer than 72 hours without the review and approval of the Corrections Captain. 0320 Amador County Jail PRO 23-24 Page 27 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (g) In no case shall access to courts and legal counsel CM 600.10 be suspended as a disciplinary measure. In no case shall access to the courts and/or legal counsel be suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS CM 600.3.2 Rule Violation Reports Rule violation reports are required for major Penal Code Section 4019.5 requires that a record is kept rule violations or any other violation that will of all disciplinary actions administered, therefore. This require investigation or a formal resolution. requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1206.5 MANAGEMENT OF COMMUNICABLE CM 722.3 Elements of Medical Screening DISEASES IN A CUSTODY SETTING CM 730 Communicable Diseases CM 730.3 Communicable Disease Program (a) The responsible physician, in conjunction with the Components facility administrator and the county health officer, shall develop a written plan to address the identification, treatment, control and follow-up management of tuberculosis and other communicable diseases. The plan shall cover the intake screening procedures, identification of relevant symptoms, referral for a medical evaluation, treatment responsibilities during incarceration and coordination with public health officials for follow-up treatment in the community. The plan shall reflect the current local incidence of communicable diseases which threaten the health of incarcerated people and staff. (b) Consistent with the above plan, the health authority CM 730.2 Policy shall, in cooperation with the facility administrator and CM 730.2.1 Exposure Control Officer the county health officer, set forth in writing, policies and procedures in conformance with applicable state and federal law, which include, but are not limited to: (1) The types of communicable diseases to be CM 730.1.1 Definitions reported; (2) The persons who shall receive the medical CM 730.2.2 Procedures reports; (3) Sharing of medical information with incarcerated CM 730.3.4 Communication persons and custody staff; (4) Medical procedures required to identify the CM 730.3.2 Identification presence of disease(s) and lessen the risk of exposure to others; (5) Medical confidentiality requirements; CM 730.7.5 Confidentiality of Reports (6) Housing considerations based upon behavior, CM 510.4 Circumstances Requiring medical needs, and safety of the affected Immediate Segregation incarcerated persons; (7) Provisions for consent by an incarcerated person CM 776 Privacy of Care that address the limits of confidentiality; and (8) Reporting and appropriate action upon the CM 730.7.5 Confidentiality of Reports possible exposure of custody staff to a communicable disease. 0320 Amador County Jail PRO 23-24 Page 28 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 1211 SICK CALL CM 704.4 Triage of Health Care Requests Qualified health care professionals shall The facility administrator, in cooperation with the health perform a triage. Sick call shall be available authority, shall develop written policies and procedures, to inmates at least five days a week and which provide daily sick call for all incarcerated persons shall be performed by a qualified health care or provision made that any incarcerated person professional. requesting medical/mental health attention be given BSCC staff verified that medical staff is such attention. available daily and that sick call is provided. 1240 FREQUENCY OF SERVING CM 900 Food Services CM 900.3 Menu Planning In Temporary Holding, Type I, II, and III facilities, and CM 900.8 Meal Service Procedure those Type IV facilities where food is served, food shall Meals shall be served at least three times be served three times in any 24-hour period. At least one during each 24-hour period. At least one of these meals shall include hot food. Supplemental food meal must include hot food. Any deviation must be served to incarcerated persons if more than 14 from this requirement shall be subject to the hours pass between evening and morning meals. review and approval of a registered dietitian Additionally, supplemental food must be served to to ensure that incarcerated persons receive people on medical diets in less than the time period meals that meet nutritional guidelines. outlined above, if prescribed by the responsible Meals are served at 06:00, 12:00, and 18:00 physician. hours. A minimum of fifteen minutes shall be allowed for the CM 900.8 actual consumption of each meal except for those on Incarcerated persons must be provided a medical diets where the responsible physician has minimum of 15 minutes dining time for each prescribed additional time. meal. Provisions shall be made for incarcerated persons who CM 900.8 may miss a regularly scheduled facility meal. They shall Incarcerated persons who miss, or may be provided with a substitute meal and beverage, and on miss, a regularly scheduled meal must be medical diets shall be provided with their prescribed provided with a beverage and a sandwich or meal. substitute meal. 1260 STANDARD INSITUTIONAL CLOTHING CM 814.3.2 Clothing Issue An incarcerated person admitted to the The standard issue of climatically suitable clothing to facility for 72 hours or more and assigned to incarcerated people held after arraignment in all but a living unit shall be issued a set of facility Court Holding, Temporary Holding, and Type IV facilities clothing. shall include, but not be limited to: (a) Clean socks and footwear; (b) Clean outergarments; and (c) Clean undergarments; (1) For males shorts and undershirt, and (2) For females bra and two pairs of panties. An incarcerated person's personal be substituted for the institutional undergarments and undergarments and footwear may be footwear specified in this regulation. This option substituted for the institutional notwithstanding, the facility has the primary undergarments and footwear, provided there responsibility to provide the personal undergarments is a legitimate medical necessity for the and footwear. items, and they are approved by the medical staff. 0320 Amador County Jail PRO 23-24 Page 29 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS All issued and exchanged clothing shall be clean and All issued and exchanged clothing shall be free of holes or tears, reasonably fitted, durable, easily clean and free of holes or tears, reasonably laundered and repaired. Undergarments shall be clean, fitted, durable, and easily laundered and free of holes or tears, and substantially free of stains. repaired. Undergarments shall be clean, free Individuals shall be able to select the garment type more of holes or tears, and substantially free of compatible with their gender identity and gender stains. Individuals shall be able to select the expression. garment type more compatible with their gender identity and gender expression. BSCC staff looked through supplies of clothing and found many to be stained, damaged, and not serviceable. 1264 CONTROL OF VERMIN IN PERSONAL CM 810 Vermin and Pest Control CLOTHING CM 810.3 Prevention and Control There shall be written policies and procedures developed by the facility administrator to control contamination and/or spread of vermin in all incarcerated cleaned, disinfected, or stored in a closed container so as to eradicate or stop the spread of vermin. 1265 ISSUE OF PERSONAL CARE ITEMS CM 615.8 Personal Care Items Inmates are expected to maintain their There shall be written policies and procedures hygiene using approved personal care items. developed by the facility administrator for the issue of Personal care items, including toothbrushes, personal hygiene items. Each menstruating person shall combs and soap, are available through the be provided with sanitary napkins, panty liners, and inmate commissary and will be charged to tampons as requested with no maximum allowance. the inmate's account. Each person to be held over 24 hours who is unable to Indigent inmates shall receive hygiene items supply themself with the following personal care items, necessary to maintain an appropriate level of because of either indigency or the absence of a canteen, personal hygiene. shall be issued: PM 814.6 Personal Hygiene of Incarcerated Persons Sanitary pads, panty liners, and tampons as requested at no cost and no maximum allowance. (a) Toothbrush, (b) Dentifrice, (c) Soap, (d) Comb, and (e) Shaving implements. Personal care items shall be issued within the first 12 PM 814.6 hours of housing assignment. Incarcerated persons shall Personal care items shall be issued within not be required to share any personal care items listed the first 12 hours of a housing assignment. Incarcerated persons shall not be required to share personal care items or disposable razors. 0320 Amador County Jail PRO 23-24 Page 30 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS Incarcerated people will not share disposable razors. CM 615.8 Double edged safety razors, electric razors, and other No inmate will be denied the necessary shaving instruments capable of breaking the skin, when personal care items. For sanitation and shared among incarcerated people, must be disinfected security reasons, personal care items shall between individual uses by the method prescribed by the not be shared. State Board of Barbering and Cosmetology in Sections 979 and 980, Division 9, Title 16, California Code of Regulations. 1266 SHOWERING CM 615.7 Showering Inmates shall be permitted to shower upon There shall be written policies and procedures assignment to a housing unit, at least every developed by the facility administrator for other day thereafter and more often if showering/bathing. Incarcerated persons shall be practicable. permitted to shower/bathe upon assignment to a housing unit and at least every other day or more often if possible. Absent exigent circumstances, no person shall be CM 814.9 Incarcerated Person Showers prohibited from showering at least every other day following assignment to a housing unit. If showering is prohibited, it must be approved by the facility manager or designee, and the reason(s) for prohibition shall be documented. 1267 HAIR CARE SERVICES CM 615 Grooming CM 615.3.1 Hair Care Services (a) Hair care services shall be available. (b) Except those who may not shave for reasons of CM 615.3.1 identification in court, incarcerated people shall be Inmates shall generally be permitted to allowed to shave daily and receive hair care services at receive hair care services once per month. least once a month. The facility administrator may Staff may suspend access to hair care suspend this requirement in relation to people who are services if an inmate appears to be a danger considered to be a danger to themselves or others. to him/herself or others or to the safety and security of the facility. (c) Equipment shall be disinfected, after each use, by a CM 615.6 Grooming Equipment method approved by the State Board of Barbering and Grooming equipment will be disinfected Cosmetology to meet the requirements of Title 16, before and after each use by the methods Division 9, Sections 979 and 980, California Code of approved by the State Board of Barbering Regulations. and Cosmetology. A certified hair care professional enters the facility twice a month and provides hair care for the persons in custody. 1270 STANDARD BEDDING AND LINEN ISSUE CM 814 Incarcerated Person Hygiene CM 814.3.1 Bedding Issue The standard issue of clean suitable bedding and linens, (b) One clean, firm, nontoxic, fire-retardant for each incarcerated person entering a living area who mattress is expected to remain overnight, shall include, but not be limited to: BSCC staff inspected mattresses that were (a) one serviceable mattress which meets the in storage and found that they were requirements of Section 1272 of these regulations; damaged and not serviceable. (b) one mattress cover or one sheet; CM 814.3.1 (c) Two sheets or one sheet and a clean mattress cover. (c) one towel; and CM 814.3.1 (d) One clean washcloth, hand towel, and bath towel. (d) one blanket or more depending up on climatic conditions. 0320 Amador County Jail PRO 23-24 Page 31 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS Policy and procedure shall require that items (a), (b), and Upon entering a living area of the Amador (d) above be provided prior to the first night in the facility. County Sheriff's Office jail, every incarcerated person who is expected to remain overnight shall be issued bedding and linens. Two blankets or sleep bag may be issued in place of one CM 814.3.1 (c)1. 1. Two blankets or a sleep mattress cover or one sheet at the request of the bag may be issued in place of one mattress incarcerated person. cover or one sheet at the request of the incarcerated person. 1280 FACILITY SANITATION, SAFETY, AND CM 800 Sanitation Inspections MAINTENANCE The facility is cleaned daily by persons in The facility administrator shall develop written policies custody, and the schedule is posted. and procedures for the maintenance of an acceptable level of cleanliness, repair and safety throughout the BSCC staff walked through the entire facility. facility. Such a plan shall provide for a regular schedule Despite the age of the facility, the facility was of housekeeping tasks and inspections to identify and found to be clean and maintained. correct unsanitary or unsafe conditions or work practices which may be found. Medical care housing as described in Title 24, Part 2, There is no medical care housing in this Section 1231.2.14, shall be cleaned and sanitized facility. according to policies and procedures established by the health authority. DETENTION OF MINORS YES NO N/A P/P REFERENCE COMMENTS Are minors held in this facility? There are no minors held in this facility. All other references to minors have been If yes, the following sections, including those deleted from this checklist. summarized in Title 15, Article 8, apply (Minors in Jails). Note: Reference PC § 207.1(b), 207.6, 707.1. 0320 Amador County Jail PRO 23-24 Page 32 of 32 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION APPLICABLE REGULATIONS: PRE-73; 4/73 Title 24, California Code of Regulations (CCR) BSCC Code: 0320 FACILITY NAME: Amador County Jail FACILITY TYPE: II APPLICABLE REGULATIONS (Check All That Apply): PRE-73: Post 4/73: X OTHER: 1988, 2001 FIELD REPRESENTATIVE: Dale Miller DATE: November 16, 2023 ARTICLE/SECTION YES NO N/A COMMENTS Holding Cells (2.2) Contain 10 square feet of floor per inmate Capacity not to exceed ten (10) persons 4-73: Capacity limitation deleted Sufficient fixed benches to accommodate cell capacity Toilet accessible Water fountain accessible Wash basin accessible 3.12 Weapons Locker (3.12) Located in administration and at sallyport. External to the security area and equipped with individual compartments, locks and keys Detoxification Cell (2.4) One cell constructed under 1976 regulations. 2001: Limited to no more than 15 inmates 4-73: Capacity limited to 16 inmates Contain 15 square feet of floor per inmate Contain toilet 4-73: 1:8 ratio Contain washbasin 4-73: 1:8 ratio Contain drinking fountain Adequate visual observation Padding recommended 4-73: Padding required Detoxification/Sobering Cell (2.4) 2001 One cell constructed under 2001 regulations. Regulations 2001: Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates Is no smaller than 60 square feet and has a clear ceiling height of 8 feet or more 0320 Amador Co Jail PHY 23-24 ARTICLE/SECTION YES NO N/A COMMENTS Contains a water closet (toilet) wash basin and drinking fountain as specified by these regulations Has padded partitions located next to toilet fixtures Provides for clear visual supervision by staff Padding on floor 2001:A shower is accessible in the secure portion of the facility Shower-Delousing Room (3.4) Handicap shower constructed under the 2001 regulations. Available in booking/reception Secure Vault or Storage Space (2.1) Available for inmate valuables Telephone (2.1) Located in intake, housing units and library. Available for inmate use per Penal Code § 851.5 Single Occupancy Cells (2.6) Maximum capacity of one inmate. A minimum width of 6 feet, length of 7.5 feet and height of 8 feet 4-73: Minimum width of 6 feet, length 8 feet and height of 8 feet, OR clear floor area of 43 square feet Contain toilet and washbasin and drinking fountain Contain a bunk capable of accommodating a standard 30" X 76" mattress Double Occupancy Cells (2.7) 1998 Regulations Added provision for double occupancy cells Maximum capacity of two inmates Contain a minimum of 60 square feet of floor space in Type I facilities and 70 square feet in Type II and III facilities Have a minimum ceiling height of 8 feet and one floor dimension at least 6 feet Contain toilet, washbasin and drinking fountain Contain 2 bunks, 1 desk and seat (Desk and seat not required in Type I facilities) Multiple Occupancy Cells (8227) The facility does not have multiple occupancy cells. A capacity of more than 2 persons 4-73: Capacity between 4-16 inmates A minimum of 500 cubic feet of air space per inmate 4-73: Minimum of 25 square feet floor space per inmate 0320 Amador Co Jail PHY 23-24 ARTICLE/SECTION YES NO N/A COMMENTS Toilet and washbasin 4-73: 1:8 ratio Drinking fountain Contain a bunk capable of accommodating a standard 30" X 76" mattress Safety Cells (2.5) Designed to house one person A minimum width of 6 feet, length of 7.5 feet and height of 8 feet 4-73: Minimum 6 foot width; length and height of 8 feet Equipped with flush ring toilet (flush with floor) Equipped with solid security door and view panel Padded floor, door and walls 4-73: Illumination provided by variable intensity light fixture operable from outside the cell. Dormitory (2.8) No dormitories. Capacity of 4-50 inmates 4-73: Capacity limitation deleted 500 cubic feet of air space per inmate 4-73: 40 square feet per inmate A least 10 foot ceilings if double bunked 4-73: Toilet and Washbasin ratio at 1:8 ratio 4-73: Drinking fountain Showers (3.4) The number of inmates in Unit D exceeds the 1:16 shower to inmate ratio. 4-73:Available at 1:16 ratio Lighting (3.6) 4-73:Sufficient to permit easy reading 4-73: Night lighting is sufficient to allow good supervision Comfortable Living Environment (102(c)6 4-73:A comfortable living environment is maintained through an adequate heating and cooling system 0320 Amador Co Jail PHY 23-24 ARTICLE/SECTION YES NO N/A COMMENTS Dayrooms (2.9) Housing units A through E have additional inmates sleeping in the dayroom thus decreasing the dayroom space per inmate. Available for inmates in single cells, multiple cells and dormitories 4-73: 25 square feet dayroom space per inmate in Type II and III facilities and inmate workers in Type I Exercise Area (2.10) One recreation yard has been modified during 23-24 cycle in anticipation for facility expansion. Available in Type II and III facilities 4-73: Minimum of 30 feet X 50 feet X 15 feet Program Space -Type II and III (2.11) In the library. Available in Type II and III facilities 4-73: Sufficient area and furnishing s to meet needs Dining Facilities (2.17) In dayrooms. 15 square feet per person served (in facilities for 100 persons or more) 4-73: Toilets, washbasins and showers are not in the same room or not in view of inmates dining Visiting (2.18) Visiting area 4-73: Contact visits are permitted in minimum security facilities Attorney Interview Space (2.26) Provide for confidential attorney consultation Janitor Closet (2.20) Located in security areas, lockable, containing a mop sink Storage Space (2.21) Adequate space available Audio or Video Monitoring System (2.22) Located in all inmate housing units and capable of alerting staff in a central control 0320 Amador Co Jail PHY 23-24 ARTICLE/SECTION YES NO N/A COMMENTS Fire Alarm System [102(2)6] Recommended in Pre-73 facilities 4-73: Automatic fire alarm system is required Emergency Power (2.24) Recommended in Pre-73 facilities 4-73: Required; to provide minimal lighting, communication s and alarm systems 0320 Amador Co Jail PHY 23-24 BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCCCode: 0320 FACILITY: Amador County Jail TYPE: II RC: 76 FIELD REPRESENTATIVE: Dale Miller DATE: November 16, 2023 ROOMS EACH ROOM Cell Applicable # EACH CELL DIMENSIONS FIXTURES* Location Total RC Type Standards Cells # Beds RC (L x W x H) T U W F S Booking H1 & H2 Holding 1976 2 - (4) (8) 9.5 x 7 x 8 Sobering 1976 1 - (5) (5) 7 x 12 x 8 1 1 1 Sobering 2001 1 - (3) (3) 8'10" x 10'8" 1 1 1 Note: Approximately 77 sq. ft. Safety 1976 1 - (1) (1) 8.6 x 6 x 8 1 Note: There are four visiting stalls plus an interview room located in the booking area. Housing Unit A Double 1988 6 2 2 12 14 x 6 x 8 1 1 1 1 Note: Triple bunk in dayroom. Unit B Single 1976 1 2 1 1 14 x 6 x 8 1 1 1 Double 1988 5 2 2 10 14 x 6 x 8 1 1 1 1 Note: Triple bunk in dayroom. Unit C Single 1976 1 2 1 1 14 x 6 x 8 1 1 1 Double 1988 5 2 2 10 14 x 6 x 8 1 1 1 1 Note: Triple bunk in dayroom. Unit D Single 1976 2 2 1 4 14 x 6 x 8 1 1 1 Double 1988 10 2 2 16 14 x 6 x 8 1 1 1 2 Note: General population inmates. Two triple bunks in dayroom. Up until the 2008-2010 inspection, Unit D was shown as having four single cells and eight double cells. For the 2008-2010 inspection, the number of cells changed to two single cells and 10 double cells; however, the rated capacity did not change. Modifications were still in place as of 2018-2020 inspection and were over the rated capacity by 15. Unit E Single 1976 1 2 1 1 14 x 6 x 8 1 1 1 Double 1988 5 2 2 10 14 x 6 x 8 1 1 1 1 Note: Triple bunk in dayroom. Unit F Single 1976 1 2 1 1 14 x 6 x 8 1 1 1 Double 1988 5 2 2 10 14 x 6 x 8 1 1 1 1 Note: Inmate workers. General note: All single cells have been converted to doubles. During the 18-20 inspection, triple bunks remained in dayroom space. 2023-2024 Cycle: Modification have been made to exercise yard as part of anticipated 40-bed expansion. 0320 Amador County Jail LASE 23-24