Contra Costa Concord PD (2023-2024 inspection cycle)

February 21, 2024 Mark Bustillos, Chief of Police Concord Police Department 1350Galindo Street Concord, CA 94520 2023-2024UNANNOUNCEDINSPECTION,PENALCODESECTION6031,WELFARE &INSTITUTIONSCODESECTION209,CONCORDPOLICEDETENTION FACILITY Dear Chief Bustillos: On January 31, 2024, the Board of State and Community Corrections (BSCC) staff conducted an unannounced inspection of the Concord Police Department Temporary Holding Facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15, California Code of Regulations (CCR). Our unannounced inspection was limited to an onsite walk-through of the facility, items of non-compliance identified in the last inspection, a review of fire prevention measures, and a review of recent facility repairs. Please note that we will return to complete a comprehensive biennial Inspection in 2025-2026. BSCC INSPECTION Title 15 and Title 24, CCR Unannounced Inspection: BSCC Staff reviewed items related to Title 15 Sections: §1027.5, Safety Checks, §1029, Policy and Procedures Manual, §1032 Fire Suppression Preplanning, §1055, Use of Safety Cell, Use of Sobering Cell, §1270 Standard Bedding and Linen Issue, and §1280 Facility Sanitation, Safety, and Maintenance. We found no items of noncompliance with Title 15 or Title 24. The facilities appeared to be clean and well-maintained. This concludes our unannounced inspection of the Concord Police Department Temporary Holding Facility. We would like to express our gratitude to Lt. Gartner, Lt. Staten, CSO Cooper, and CSO Phelpsfor their assistance and actions in response to the inspection. Please email me at dale.miller@bscc.ca.gov or call (916) 956-3679 if you have any questions. Mark Bustillos Chief of Police Page 2 Sincerely, DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Contra Costa County Superior Court* Chair, Grand Jury, Contra Costa County* Mayor, City of Concord* City Manager, City of Concord* Nick Gartner, Lieutenant, Concord Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 0535 Contra Costa Concord Police Facility THJ Unannounced LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES 1 2 BSCC Code: 0535 FACILITY NAME: Concord Police Facility FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Lt. Ganter, Lt. Staten, CSO Cooper, and CSO Phelps FIELD REPRESENTATIVE: Dale Miller DATE: January 31, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027.5 SAFETY CHECKS Concord Police Department Policy Manual (PM) 900.5 Safety, Health, and Other The facility administrator shall develop and implement Provisions ☒ ☐ ☐ policy and procedures for conducting safety checks that include, but are not limited to, the following: (e) There shall be a written plan that includes the PM 900.8 Holding Cells (e) documentation of all safety checks. Documentation shall include: ☒ ☐ ☐ Safety checks by department members shall occur no less than every 30 minutes. (1) the actual time at which each individual safety PM 900.8 (e)(a) check occurred; ☒ ☐ ☐ (2) the location where each individual safety check PM 900.8 (e)(b) occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and (3) Initials or employee identification number of staff BSCC staff reviewed the last three months of who completed the safety check(s). safety check logs and found that they meet ☒ ☐ ☐ the requirements of this section. (f) A documented process by which safety checks are PM 900.5.1 Temporary Custody Logs reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns The Watch Commander and Jail Manager of inconsistent documentation, or untimely completion of, ☒ ☐ ☐ should make periodic checks to ensure all log safety checks. entries and safety and security checks are made on time. 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 This is a modified version of the Procedures Checklist and is only intended for the 2024 Unannounced Inspection of the Contra Costa Concord Police Department Temporary Holding Facility. 0535 Contra Costa Concord Police Facility THJ PRO 23-24 Page 1 of 4 A351 TH PRO eff. 4/2023 (23-24).dot (rev 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL3 The Concord Police Department Policy Manual (PM) has been reviewed and or Facility administrator(s) shall develop and publish a updated on January 19, 2024. manual of policy and procedures for the facility. The policy and procedures manual shall address all Chapter 9, Temporary Custody, is the primary applicable Title 15 and Title 24 regulations and shall be manual for the operation of the temporary comprehensively reviewed and updated at least every holding facility. ☒ ☐ ☐ two years. Such a manual shall be made available to all employees. 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. 1032 FIRE SUPPRESSION PREPLANNING PM 900.11 Assigned Administrator (g) Pursuant to Penal Code Section 6031.1(b), the facility Fire and life safety, including a fire administrator shall consult with the local fire department suppression pre-plan as required by 15 CCR ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire 1032 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 fire department to be included as part of the policy and procedures manual (Title 15, California Code of ☒ ☐ ☐ Regulations Section 1029); (b) monthly fire prevention inspections by facility staff with BSCC staff reviewed two years of fire and life two-year retention of the inspection record; ☒ ☐ ☐ safety inspections conducted by staff. (c) fire prevention inspections as required by Health and The Contra Costa County Fire Authority Safety Code Section 13146.1(a) and (b) which requires inspected the facility on July 19, 2023. ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and Evacuation routes are posted in the control ☒ ☐ ☐ room. (e) a plan for the emergency housing of incarcerated Emergency supplies are available until people in the case of fire. ☒ ☐ ☐ persons can be moved to county jail. 1055 USE OF SAFETY CELL PM 900.8.2 Safety Cell The safety cell described in Title 24, Part 2, Section The safety cell shall be used to hold only 1231.2.5, shall be used to hold only those people who those individuals who are to be held in the display behavior which results in the destruction of ☒ ☐ ☐ temporary holding facility and who display property or reveals an intent to cause physical harm to behavior that results in the destruction of self or others. property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate authority to place an incarcerated person in a safety cell ☒ ☐ ☐ to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment PM 900.8.2(a) or as a substitute for treatment. ☒ ☐ ☐ 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0535 Contra Costa Concord Police Facility THJ PRO 23-24 Page 2 of 4 A351 TH PRO eff. 4/2023 (23-24).dot (rev 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) A person shall be placed in a safety cell only with the PM 900.8.2(b) approval of the facility manager or designee, or responsible health care staff; continued retention shall be ☒ ☐ ☐ reviewed a minimum of every four hours. (c) A medical assessment shall be completed as soon as PM 900.8.2 (c) possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be A medical assessment or transport to County medically cleared for continued retention, referral to ☒ ☐ ☐ Jail shall be completed as soon as possible. advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. (d) The facility manager, designee or responsible health BSCC staff reviewed all safety cell logs for the care staff shall obtain a mental health last year. No persons were held over four opinion/consultation with responsible health care staff on hours and checks meet the requirements of ☒ ☐ ☐ placement and retention, which shall be secured as soon this section. as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least PM 900.8.2 (d) twice every 30 minutes, with no more than a 15-minute lapse between safety checks. Such observation shall be ☒ ☐ ☐ documented. (f) Procedures shall be established to assure PM 900.8.2 (e) administration of necessary nutrition and fluids. ☒ ☐ ☐ (g) People placed in the safety cell shall be allowed to PM 900.8.2 (f) retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☒ ☐ ☐ privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL PM 900.8.1 Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section Individuals who are to be held in the 1231.2.4, shall be used for temporary holding of ☒ ☐ ☐ temporary holding facility and who present a incarcerated people who are a threat to their own safety threat to their own safety or the safety of or the safety of others due to their state of intoxication. others due to their state of intoxication. A person shall be removed from the sobering cell as soon PM 900.8.1 as they are able to continue the admission process or are no longer a risk to themselves or others. ☒ ☐ ☐ Placed in a sobering cell until their condition allows for continued processing. In no case shall a person remain in a sobering cell over PM 900.8.1 (d) six hours without an evaluation by medical or custody staff to determine whether the person has an urgent Under no circumstances shall an individual be medical problem, pursuant to section 1213 of these held in a sobering cell for more than six hours ☒ ☐ ☐ regulations. without being evaluated by qualified medical personnel to ensure that the individual does not have an urgent medical issue. At 12 hours from the time of placement, all persons must PM 900.8.1(d) receive an evaluation by responsible health care staff. ☒ ☐ ☐ Intermittent direct visual observation of people held in the PM 900.8.1(c) sobering cell shall be conducted no less than every half hour. Such observation shall be documented. ☒ ☐ ☐ BSCC staff reviewed all sobering cell logs and all meet the requirements of this section. 0535 Contra Costa Concord Police Facility THJ PRO 23-24 Page 3 of 4 A351 TH PRO eff. 4/2023 (23-24).dot (rev 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1270 STANDARD BEDDING AND LINEN ISSUE PM 900.3 General Criteria and Supervision The standard issue of clean suitable bedding and linens, No adult should be in temporary custody for for each incarcerated person entering a living area who longer than 24 hours. is expected to remain overnight, shall include, but not be ☒ ☐ ☐ limited to: The mattresses were all serviceable and in (a) one serviceable mattress which meets the good repair. requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; ☒ ☐ ☐ (d) one blanket or more depending up on climatic PM 900.5.2 Temporary Custody conditions. ☒ ☐ ☐ Requirements Policy and procedure shall require that items (a), (b), and (d) above be provided prior to the first night in the facility. ☒ ☐ ☐ Two blankets or sleep bag may be issued in place of one Two blankets are issued. mattress cover or one sheet at the request of the ☒ ☐ ☐ incarcerated person. Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☒ ☐ ☐ and (d) above prior to their first night in the facility and every night thereafter. 1280 FACILITY SANITATION, SAFETY, AND Contract janitorial services clean the facility MAINTENANCE daily. City building maintenance conducts repairs to the facility, as needed. The facility administrator shall develop written policies and procedures for the maintenance of an acceptable BSCC staff walked through the entire facility. level of cleanliness, repair, and safety throughout the Previously identified ligature points on the facility. Such a plan shall provide for a regular schedule bunks have been corrected, faucets were ☒ ☐ ☐ of housekeeping tasks and inspections to identify and changed to ligature-resistant bubblers, and correct unsanitary or unsafe conditions or work practices damage to padding in the safety and sobering which may be found. cell was repaired. The facility looked clean and very well- maintained. 0535 Contra Costa Concord Police Facility THJ PRO 23-24 Page 4 of 4 A351 TH PRO eff. 4/2023 (23-24).dot (rev 12/23)