Contra Costa County Martinez PD Inspection Rpt 23-24 THJ (2023-2024 inspection cycle)

July 26, 2023 Andrew White, Chief of Police Martinez Police Department 525 Henrietta Street Martinez, CA 94553 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, MARTINEZ POLICE DEPARTMENTDETENTION FACILITY Dear Chief White: The 2023-2024 Comprehensive Inspection of the Martinez City Police Department has been completed. A pre-inspection briefing was held on Thursday, June 1, 2023, and the following facility was inspected Wednesday, July 12, 2023 : FACILITY NAME BSCC # FACILITY TYPE Martinez Police Department 0555 THJ 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. Please note that the Contra Costa County Health Department has issued a permit to operate to the Martinez Police Department but has not completed Medical/Mental Health and Environmental Health inspections, as required by the Health and Safety Code Section 101045. It is recommended that the agency coordinate with the County Health Department to ensure compliance with the Health and Safety Code. INSPECTION RESULTS We identified the following items of noncompliance with Title 15 Minimum Standards: Andrew White Chief of Police Page 2 Title 15 Section, §1024 Court Holding and Temporary Holding Facility Training A total of eight hours of refresher training shall be completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. Patrol Officers had not received training and are responsible for supervising persons in their custody while held in the temporary holding facility. BSCC staff was informed that there was training scheduled for August 2023. Title 15 Section, §1027 Number of Personnel Whenever one or more females are in custody, there shall be at least one female employee who shall be immediately available and accessible to such females. BSCC staff was informed that female dispatchers receive four hours of “matron” training and are responsible for being available when there is a female in the temporary holding facility. The issues are that there are times when only one dispatcher is on duty and may not be able to leave their post, and that the dispatchers have not received the eight hours of training to supervise individuals held in a temporary holding facility. Title 15 Section, §1032 Fire Suppression Preplanning (b) monthly fire prevention inspections by facility staff with two-year retention of the inspection record. (c) fire prevention inspections as required by Health and Safety Code Section 13146.1(a) and (b) which requires inspections at least once every two years Currently, a fire prevention inspection is not being conducted on a monthly basis by staff. The agency was unable to provide documentation of a State Fire Marshal or local fire authority inspection of the temporary holding facility. Refer to the attached Procedures Checklist for detailed information. 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 copyof the monitoring report is attached for your information. 0555 Contra Costa Martinez PD TH LTR 23-24 Andrew White Chief of Police Page 3 CORRECTIVE ACTION PLAN (CAP) An out brief with you was held on Wednesday, July 12, 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. We asked that your agency provide BSCC staff with a CAP addressing these issues by Monday, August 14, 2023. * * * Please email me at dale.miller@bscc.ca.gov or call (916) 956-3679 if you have any questions. 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 Martinez* City Manager, City of Martinez* Corporal Angoco, Martinez Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 0555 Contra Costa Martinez PD TH LTR 23-24 TEMPORARYHOLDINGFACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0555 FACILITY NAME: Martinez Police Department FACILITY TYPE:THJ PERSON(S)INTERVIEWED: Corporal Sean Angoco FIELD REPRESENTATIVE: Dale Miller DATE: July 12, 2023 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Martinez Police Department Policy Manual HOLDING FACILITY TRAINING (PM) 900.10 Training Department members should be trained and At a minimum, all supervisors of and personnel who familiar with this policy and any supplemental supervise incarcerated persons in, a Court Holding or procedures. Such training shall include but not Temporary Holding facility shall complete eight hours of be limited to the following: specialized corrections training. Such training shall include, but not be limited to: (a) Applicable minimum jail standards (b) Jail operations liability (a) applicable minimum jail standards; (c) Separation of incarcerated persons (b) jail operations liability; (d) Emergency procedures and planning, fire (c)separation of incarcerated persons; safety, and life safety (d) emergency procedures and planning, fire and life (e) Suicide prevention safety; and; (f) De-escalation (e) suicide prevention; (g) Juvenile procedures (f) de-escalation; (h) Racial bias (g) juvenile procedures; (i) Mental illness (h) racial bias; and, (i) mental illness. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, PM 900.10 Training but in any event not more than six months after the date Department members responsible for of assigned responsibility. Successful completion of supervising adults in temporary custody shall Core training or supplemental Core training, pursuant to complete the Corrections Officer Core Course Section 1020, Corrections Officer Core Course, may be or eight hours of specialized training within six substituted for the initial eight hours of training. months. A total of eight hours of refresher training shall be PM 900.10 Training completed every two years. Successful completion of the Eight hours of refresher training shall be requirements in Section 1025, Continuing Professional completed every two years. Training may be substituted for the eight-hour refresher. BSCC staff requested to review training records. Staff was informed that training had not been completed but was scheduled for 1This 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. 0555 Contra Costa Martinez PD PRO 23-24 Page 1 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS August 2023. 1027 NUMBEROF PERSONNEL PM 204 Staffing Levels In practice, arresting, transporting, or watch A sufficient number of personnel shall be employed in commander/ field personnel stay in the facility each local detention facility to ensure the implementation if a person is in temporary holding. and operation of the programs and activities required by these regulations. Whenever there is a person in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local detention facility who shall be immediately available and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties When supervision is left to a dispatcher, they which would conflict with the supervision and care of may not be able to adequately supervise incarcerated people in the event of an emergency. those in custody. Whenever one or more females are in custody, there BSCC staff was informed that female shall be at least one female employee who shall be dispatchers receive four hours of “matron” immediately available and accessible to such females. training and are responsible for being Note: Reference PC§ 4021. available when there is a female in the temporary holding facility. The issues are that there are times when only one dispatcher is on duty and may not be able to leave their post, and that the dispatchers have not received the eight hours of training to supervise individuals held in a temporary holding facility. To determine if there isasufficient number of personnel BSCC staff viewed the staffing plan for the for a specific facility, the facility administrator shall police department. prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such 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 PM 900.4.1 Temporary Custody Logs 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- PM 900.1.1 Definitions being of individuals and shall be conducted at least Safety checks - Direct, visual observation by hourly through direct visual observation of all people held a member of this department performed at and housed in the facility. random intervals, within time frames prescribed. (b) There shall be no more than a 60-minute lapse PM 900.6 Holding Cells between safety checks. (e) Safety checks by department members shall occur no less than every 15 minutes (c) Safety checks for people in sobering cells, safety There is no safety cell, sobering cell, or cells, and restraints shall occur more frequently as restraints used in this facility. outlined in section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied PM 900.6(e)1. Safety checks should be at intervals. varying times. (e) There shall be a written plan that includes the PM 900.6(e)2. All safety checks shall be documentation of all safety checks. logged. 0555 Contra Costa Martinez PD PRO 23-24 Page 2 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Documentation shall include: (1) the actual time at which each individual safety PM 900.4.1 Temporary Custody Logs check occurred; (d) Time of all safety checks (2) the location where each individual safety check PM 900.4.1 Temporary Custody Logs occurred, such as a cell, module, or dormitory (g) Any other information that may be required number; and by other authorities, such as compliance inspectors. Facility is composed of two cells. (3) Initials or employee identification number of staff BSCC staff reviewed safety checks from over who completed the safety check(s). the last year. The checks meet the requirements of this section. (f) A documented process by which safety checks are The Watch Commander should initial the log reviewed at regular defined intervals by a supervisor or to approve the temporary custody and should facility manager, including methods of mitigating patterns also initial the log when the individual is of inconsistent documentation, or untimely completion of, released from custody or transferred to safety checks. another facility. 1028 FIRE AND LIFE SAFETY STAFF PM 900.10 Training (d) Emergency procedures and planning, fire Whenever there is a person in custody, there shall be at safety, and life safety least one person on duty at all times who meets the training standards established by the Board for general fire and life safety. (Penal Code section 6030) The facility manager shall ensure that there is at least All personnel are trained for emergencies at one person on duty who trained in fire and life safety this facility. procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURESMANUAL2 Martinez Police Department Policy Manual, Chapter 9, Custody, is used as the primary Facility administrator(s) shall develop and publish a guide for the temporary holding facility manual of policy and procedures for the facility. The manual. Other sections for the PM are also policy and procedures manual shall address all applied in review of compliance. The manual applicable Title 15 and Title 24 regulations and shall be was last reviewed and/or updated on April 7, comprehensively reviewed and updated at least every 2023. two years. Such a manual shall be made available to all employees. The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure 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 PM 900.9 Assigned Administrator administrator/manager. (m) Inspections and operations reviews (3) Policy on the use of force that meets current state PM 300 Use of Force and federal legal requirements and includes PM 300.3.5 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, including PM 303 Handcuffing and Restraints the restraint of pregnant persons as referenced in PM 303.3.2 Restraint of Pregnant Persons Penal Code Section 3407. 2Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0555 Contra Costa Martinez PD PRO 23-24 Page 3 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (5) Procedure and criteria for screening newly PM 900.3 Initiating Temporary Custody received persons for release. PM 900.4.1 Temporary Custody Logs (6) Security and control including: physical counts, PM 900.6 Holding Cells searches of the facility andincarcerated persons, PM 902 Custody Searches contraband control,and PM 902 Custody Searches key control. PM 900.7.1 Security Each facility administrator shall, at least annually, PM 900.9 Assigned Administrator review, evaluate, and make a record of security Annual review and evaluation of security measures. The review and evaluation shall include measures including internal and external internal and external security measures of the facility security measures, sanitation, safety, and includingsecuritymeasuresspecific to prevention of maintenance. sexual abuse and sexual harassment. (7) Emergency procedures include: PM 900.9 Assigned Administrator (A) fire suppression preplan as required by (g) Fire- and life-safety, including a fire section 1032 of these regulations; suppression pre-plan (B)escape, disturbances, andthe taking of (e) Escapes hostages; PM 403 Civil Disturbances (C)massarrests; PM 403.5 Mass Arrest (D)naturaldisasters; PM 207 Emergency Management Plan (E)periodictestingofemergencyequipment; and PM 900.9 Assigned Administrator (k) Periodic testing of emergency equipment (F)storage, issue,anduseofweapons, PM 900.7.1 Security ammunition, chemical agents, and related Weapons should be properly secured in the security devices. gun lockers outside the entrance to the Temporary Holding Facility. (8)SuicidePrevention. PM 312.7.2 Suicide Prevention of Juveniles in Custody PM 900.10 Training (9)Separation of incarcerated persons. PM 900.8 Release and/or Transfer (10)Zerotoleranceinthepreventionofsexualabuse PM 904 Prison Rape Elimination and sexualharassment. (11) Policy and procedure to detect, prevent, and PM 904.4 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 PM 900.8 Release and/or Transfer incarcerated persons. (e) The manual for Temporary Holding, Court Holding, PM 904.4 Reporting Sexual Abuse, Type I, II, III, and IV facilities shall provide for, but not be Harassment, and Retaliation limited to, the following: Individuals in custody shall be notified of the (1) multiple internal ways for incarcerated people to department’s zero-tolerance policy regarding privately report sexual abuse and sexual harassment, sexual abuse and sexual harassment, and of retaliation by other incarcerated persons or staff for at least one way to report abuse or reporting sexual abuse and sexual harassment, and harassment to a public or private entity that is staff neglect or violation of responsibilities that may not part of the Department. have contributed to such incidents, BSCC staff verified that signs were posted in the detention area. 0555 Contra Costa Martinez PD PRO 23-24 Page 4 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved incarcerated persons, PM 904.3 PREA Coordinator family, community members, and other interested (l) Ensuring that information for uninvolved third parties to report sexual abuse or sexual incarcerated persons, family, community harassment. The method for reporting shall be members, and other interested third parties to publicly posted at the facility. report sexual abuse or sexual harassment is publicly posted at the facility. BSCC staff verified that signs were posted in the public lobby. 1030 SUICIDEPREVENTIONPROGRAM PM 900.3 Initiating Temporary Custody The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have PM 900.10 Training direct contact with inmates. (b) Intake screening for suicide risk immediately PM 900.3 Initiating Temporary Custody upon intake and prior to housing assignment. Officer should specifically ask if the individual is contemplating suicide and evaluate the individual for obvious signs or indications of suicidal intent. (c) Provisions facilitating communication among PM 900.8 Release and/or Transfer arresting /transporting officers, facility staff, medical and (g)1. The department member transporting mental health personnel in relation to suicide risk. the individual shall ensure such risks are communicated to intake personnel at the other facility. (d)Housing recommendations forinmates atrisk of The officer should promptly notify the Watch suicide. Commander of any conditions that may warrant immediate medical attention or other appropriate action. (e)Supervision dependingonlevel of suicide risk. (f) Suicide attempt and suicide intervention policies PM 421 Crisis Intervention Incidents and procedures. (g)Provisionsforreportingsuicidesandsuicides PM 900.7 Suicide Attempt, Death, or Serious attempts. Injury (h) Multi-disciplinary administrative review of suicides (h) In-custody death reviews and attempted suicides as defined by the facility Agency participates in the Contra Costa administrator. County In-Custody Death Review Panel. 1032 FIRESUPPRESSION PREPLANNING 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 PM 900.9 Assigned Administrator fire department to be included as part of the policy and The Field Operations Division Commander procedures manual (Title 15, California Code of will ensure any reasonably necessary Regulations Section 1029); supplemental procedures are in place to address: (g) Fire- and life-safety, including a fire suppression pre-plan 0555 Contra Costa Martinez PD PRO 23-24 Page 5 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) monthly fire prevention inspections by facility staff Currently, a fire prevention inspection is not with two-year retention of the inspection record; being conducted on a monthly basis by staff. (c) fire prevention inspections as required by Health and The agency was unable to provide Safety Code Section 13146.1(a) and (b) which requires documentation of a State Fire Marshal or local inspections at least once every two years; fire authority inspection of the temporary holding facility. (d)anevacuationplan;and See posted evacuation plan (e)aplan for the emergencyhousing of incarcerated Persons in custody will be released or people inthecaseof fire. transported to the County Jail. 1044 INCIDENT REPORTS PM 322 Report Preparation PM 900.4.6 Reporting Physical Harm or Each facility administrator shall develop written policies Serious Threat of Physical Harm and procedures for the maintenance of written records and reporting of all incidents which result in physical harm, or seriousthreatofphysicalharm,toanemployee or incarcerated person of a detention facility or other person. Such records shall include the names of the persons BSCC staff requested to view records of any involved, a description of the incident, the actions taken, incidents that occurred in the holding facility in and the date and time of the occurrence. the last year. There were no reported incidents. Such a written record shall be prepared by the staff A copy of all reports generated regarding the assigned to investigate the incident and submitted to the above circumstances shall be submitted as facility manager or designee. soon as reasonably practicable. The Watch Commander will retain a record of these reports for inspection purposes 1046 DEATHIN CUSTODY PM 900.7 Suicide Attempt, Death, or Serious Injury (a) Death in Custody Reviews for Adults and Minors. (h) In-custody death reviews (15 CCR 1046) The facility administrator, in cooperation with the health administrator, shall develop written policy and BSCC staff requested to view records of any procedures to ensure that there is an initial review of deaths that occurred in the holding facility in every in-custody death within 30 days. The review team the last year. There were no deaths. at a minimum shall include the facility administrator or designee, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the Agency participates in the Contra Costa appropriateness of clinical care; whether changes to County In-Custody Death Review Panel. policies, procedures, or practices are warranted; and to identify issues that require further study. (b)Deathof aMinor PM 312.7.5 Death of a Juvenile While In any case in which a minor dies while detained in a Detained jail, lockup, or court holding facility: (1) The administrator of the facility shall provide to (a) The Chief of Police or his or her designee the Board a copy of the report submitted to the shall provide to the Board of State and Attorney General under Government Code Section Community Corrections a copy of the report 12525. A copy of the report shall be submitted within submitted to the Attorney General under 10 calendar days after the death. Government Code § 12525. (2) Upon receiptofa report ofdeathofa minorfrom (b) Upon receipt of a report of death of a the administrator, the Board may within 30 calendar juvenile from the Chief of Police or his or her days inspect and evaluate the jail, lockup, or court designee, the Board may within 30 calendar holding facility pursuant to the provisions of this days inspect and evaluate the juvenile facility, subchapter. Any inquiry made by the Board shall be jail, lockup, or court holding facility limited to the standards and requirements set forth in these regulations. 0555 Contra Costa Martinez PD PRO 23-24 Page 6 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATIONPLAN PM 900 Temporary Holding Facility PM 900.1.3 Non-Detainable Prisoners (a)Eachadministratorofatemporaryholding,TypeI,II, PM 900.1.4 Detainable Prisoners or III facility shall develop and implement a written classification plan designed to properly assign In practice and due to the size of the facility, incarcerated persons to housing units and activities persons are seldom held in the facility. In according to the categories of gender identity, age, cases where there are needs to utilize both criminal sophistication, seriousness of crime charged, holding cells and/or there are special needs, physical or mental health needs, assaultive/non- arrestees are transported to the county jail. 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 unitsor cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performedatthetime ofintakebytrainedpersonnel,and a record of each person's classification level, housing restrictions, and housing assignments. (Subsection b doesnotapply and hasbeen deleted.) (c) In deciding housing and programming assignments, BSCC staff reviewed the intake questions and the agency shall consider on a case-by-case basis found them to meet the requirements of this whether a placement would ensure the health and safety section. of the incarcerated person, and whether the placement would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. 1051 COMMUNICABLEDISEASES PM 900.1.3 Non-Detainable Prisoners (b) Any person who has claimed or is known The facility administrator, in cooperation with the to be afflicted with or displays symptoms of responsible physician, shall develop written policies and any communicable disease. procedures specifying those symptoms that require medical isolation of an incarcerated person until a PM 1013 Communicable Diseases medical evaluation is completed. At the time of intake into the facility, an inquiry shall be PM 900.1.3 Non-Detainable Prisoners made of the person being booked as to whether the They should be transported to the county jail, person has or has had any communicable diseases, the designated medical facility, or the county such as tuberculosis or has observable symptoms of mental health facility. tuberculosis or any other communicable diseases, or other special medical problem identified by the health BSCC staff reviewed the intake questions and authority. The response shall be noted on the medical found them to meet the requirements of this screening from. section. 1052 BEHAVIORAL CRISIS IDENTIFICATION PM 900.1.3 Non-Detainable Prisoners (c) Any person suffering from a severe mental The facility administrator, in cooperation with the disorder responsible physician, shall develop written policies and (e) A prisoner who is or may be contemplating procedures to identify and evaluate all incarcerated suicide. people who may be in behavioral crisis. Evaluation of behavioral crisis may include telehealth. 0555 Contra Costa Martinez PD PRO 23-24 Page 7 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If an evaluation from medical or mental health staff is not In practice, persons demonstrating any violent readily available, an incarcerated person shall be or behavioral crisis will be transported to the considered in behavioral crisis for the purpose of this appropriate facility. 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 This is a temporary holding facility that does be secured within 24 hours of identification or at the next not hold over 12 hours. daily sick call, whichever is earliest. Separation may be used,if necessary, to protect the All are separated or transported to County Jail safety of the person in crisis or others. or medical facility. 1053 ADMINISTRATIVESEPARATION This is a temporary holding facility with two holding cells. Any persons that require to be Except for Type IV facilities, facility administrators shall separated are transported to the appropriate develop and implement policies and procedures for the facility. administrative separation of incarcerated people. Policies and procedures must include: (a) Administrative separation may consist of separate housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of protecting the welfare of incarcerated people and facility staff. (b) Administrative separation must not adversely affect an incarcerated person’s health. (c) Administrative separation may be used for incarcerated people who have: (1) A documented history of activity or behavior, or promoting such activity or behavior, that is criminal in nature, disruptive to facility operations, or affects the safety of the facility, other incarcerated people, and facility staff. (2) Influenced or participated in activity that is criminal in nature, disruptive to facility operations or affects the safety of the facility, other incarcerated people, and facility staff. (3) Committed assault, attempted assault, or participated in a conspiracy to assault or harm other incarcerated persons or facility staff. (4) A history of escape or have recently attempted escape. (5) A demonstrated need for protection from other incarcerated people. (d) Documentation indicating the necessity of administrative separation to obtain the objective of protecting the welfare of incarcerated people and facility staff. (e) A documented individualized ongoing review and evaluation of the need to continue placement in administrative separation. 1055 USEOF SAFETY CELL There is no safety cell as described in Title 24, Part 2, Section 1231.2.5. All other items The safety cell described in Title 24, Part 2, Section regarding use of safety cells have been 1231.2.5, shall be used to hold only those people who deleted from this checklist. display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. 0555 Contra Costa Martinez PD PRO 23-24 Page 8 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USEOFSOBERINGCELL There is no sobering cell as described in Title 24, Part 2, Section 1231.2.4. All other items The sobering cell described in Title 24, Part 2, Section regarding use of sobering cells have been 1231.2.4, shall be used for temporary holding of deleted from this checklist. incarcerated people who are a threat to their own safety orthesafety ofothersdueto theirstate of intoxication. 1057 DEVELOPMENTAL DISABILITIES PM 900.1.3 Non-Detainable Prisoners (g) Any person suspected or confirmed to be The facility administrator, in cooperation with the developmentally disabled responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the This is a temporary holding facility that does regional center for any incarcerated person suspected or not hold over 12 hours. confirmed to have a developmental disability for the purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OFRESTRAINTDEVICES PM 303 Handcuffing and Restraints PM 900.5 Use of Restraint Devices The facility administrator, in cooperation with the The use of restraints, other than handcuffs or responsible physician, shall develop and implement leg irons, generally should not be used for written policies and procedures for the use of restraint individuals in temporary custody at the devices. Restraint devices include any devices which Martinez Police Department unless the immobilize extremities or prevent the incarcerated person presents a heightened risk, and only in person from being ambulatory. The provisions of this compliance with the Handcuffing and section do not apply to the use of handcuffs, shackles, or Restraints Policy. other restraint devices when used to restrain incarcerated people for security reasons. The facility In practice, anyone that has been or need to manager may delegate authority to place an be placed in restraints other than handcuffs incarcerated person in restraints to responsible health will not be held in the holding. These persons care staff. are taken to county jail or appropriate medical facility. (a) The policy shall address the following areas: (1) acceptable restraint devices; (2) signs or symptoms which should result in immediate medical/mental health referral; availability of cardiopulmonary resuscitation equipment; (3) protective housing of restrained persons; (4) provision for hydration and sanitation needs; and (5) exercising of extremities. (b) Policy shall also include, but not be limited to, the following requirements: (1) In no case shall restraints be used for punishment or as a substitute for treatment. (2) Restraint devices shall only be used on incarcerated people who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. 0555 Contra Costa Martinez PD PRO 23-24 Page 9 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraint devices should be used only when less restrictive alternatives, including verbal de- escalation techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in restraints only with the approval of the facility manager, the facility watch commander, or responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be maintained until a medical opinion can be obtained. (6) A medical opinion on placement and retention shall be secured within one hour from the time of placement. (7) A medical assessment shall be completed within four hours of placement. (8) Continuous direct visual observation shall be conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation with responsible health care staff determines that an 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 the restraint device manufacturer’s recommended maximum time limits for placement. (11) All events and information related to the placement in restraints shall be documented and shall be video recorded unless exigent circumstances prevent staff from doing so. The documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTSAND PREGNANTPERSONS PM 303.3.2 Restraint of Pregnant Persons The facility administrator, in cooperation with the In practice, the temporary holding facility will responsible physician, shall develop written policies and not hold someone who is pregnant or require procedures for the use of restraint devices on pregnant restraints. people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: (1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. 0555 Contra Costa Martinez PD PRO 23-24 Page 10 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of an incarcerated pregnant person during a medical emergency, labor, delivery, or recovery after delivery or termination of the pregnancy determines that the removal of restraints is medically necessary. (4) Upon confirmation of an incarcerated person’s PM 900.1.3 Non-Detainable Prisoners pregnancy, they shall be advised, orally or in writing, (a) Any person who is sick, injured or who has of the standards and policies governing incarcerated any other medical condition, including pregnant people. pregnant females. 1067 ACCESSTOTELEPHONE PM 900.4.4 Telephone Calls Immediately upon being booked and, except The facility administrator shall develop written policies where physically impossible, no later than and procedures which allow access to a telephone or three hours after arrest, an individual in communication device beyond those telephone calls custody has the right to make at least three which are required by Section 851.5 of the Penal Code. completed calls to an attorney, bail Individuals who are known to have or are perceived by bondsman, and a relative or other person. others as having hearing or speech impairments shall be (d) Individuals who are known to have, or are provided access to the appropriate telecommunication perceived by others as having, hearing or device which will facilitate communication. Such devices speech impairments shall be provided access may include but are not limited to videophones, to a telecommunication device which will teletypewriters, or third-party communications assistance. facilitate communication. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESSTOCOURTS AND COUNSEL PM 900.4.4 Telephone Calls The facility administrator shall develop written policies and procedures to ensure incarcerated persons have access to the court and to legal counsel. Such access shall consist of: (b)confidentialconsultationwithattorneys. (c) Calls between an individual in temporary custody and the individual's attorney shall be deemed confidential and shall not be monitored, eavesdropped upon, or recorded. 1080 RULESANDDISCIPLINARYACTIONS PM 900.4.7 Discipline will not be administered to any individual in custody at this facility. Any Wherever discipline is administered, each facility individual in custody who repeatedly fails to administrator shall establish written rules and disciplinary follow directions or facility rules should be actions to guide the conduct of incarcerated persons. transported to the appropriate jail, mental health facility, or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility. All other items regarding discipline have been deleted from this checklist. 1270STANDARDBEDDNG ANDLINEN ISSUE This is a temporary holding facility that does not hold people overnight. All other items The standard issue of clean suitable bedding and linens, regarding bedding linen issue have been for each incarcerated person entering a living area who is deleted from this checklist. expected to remain overnight, shall include, but not be 0555 Contra Costa Martinez PD PRO 23-24 Page 11 of 12 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS limited to: 1280 FACILITY SANITATION, SAFETY, AND PM 900.7.3 Facility Sanitation and MAINTENANCE Maintenance The Watch Commander shall inspect the Thefacilityadministratorshalldevelopwrittenpolicies Temporary Holding Facility at least one time and procedures for the maintenance of an acceptable each shift to ensure that the detention area is level of cleanliness, repair, and safety throughout the clean and maintained to an acceptable level facility. Such a plan shall provide for a regular schedule of cleanliness. of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work BSCC staff walked through the facility and practices which may be found. found it to be clean and maintained. DETENTION OF MINORS YES NO COMMENTS Are minors held inthisfacility? The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held inthejailcells? PM 312.4.4 Juvenile Detention Rooms The Martinez Police Department has provided Penal Code Section 6030 and 6031.4 require the juvenile detention rooms outside of the adult jail biennial inspection of local detention facilities that hold facility. minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 0555 Contra Costa Martinez PD PRO 23-24 Page 12 of 12 A351 TH PRO eff. 4/2023 (23-24).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 0555 FACILITY NAME: Martinez Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1988 FIELD REPRESENTATIVE: Dale Miller DATE: July 12, 2023 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) Contain 10 square feet of floor per inmate Limited to no more than 16 inmates No smaller than 40 square feet Contain sufficient seating to accommodate all inmates Toilet accessible Wash basin accessible Drinking fountain accessible Provide for adequate visual supervision of inmates Bunk provided to inmates held between hours of 2400 Inmates are not held this over 12 hours. and 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) Added outdoor weapons lockersin2004. External to the security area and equipped with individual compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) There are no cells of this type in this facility. 01: name change to “Sobering Cell.” Limited to no more than 8 inmates Contain 20 square feet of floor per inmate No smaller than 60 square feet Contain toilet, washbasin and drinking fountain Partitions or handrails located next to toilet fixture to provide support Padding on the floor Provide easy, unobstructed visual observation Safety Cells (WA) (2.5) There are no cells of this type in this facility. Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet Limited to no more than one inmate Contain flush ring toilet (flush with floor) with controls located outside the cell Padded floor, door and walls 0555 Contra Costa Martinez PD PHY 23-24 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Equipped with variable intensity, security light, with controls located outside the cell Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell door (Facility planned or constructed prior to 8-86) Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which must be in the door (Facility planned or constructed after 8-86; See regulations for later changes)) Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at least 30 inches above the floor Shower-Delousing Room (3.4) Available Secure Vault or Storage Space (2.1) Available for inmate valuables Telephone (2.1) Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) Dispatch has audio and video monitoring into the holding area. Audio and video are For facilities planned or constructed after 8-86 continuously monitored when there is a prisoner present. According to dispatch, prisoners can request assistance via the monitoring system. Janitor Closet (2.20) Available Storage Rooms (WA) (2.21) Available Emergency Power (2.24) Available to maintain fire and life safety, security, communications and alarm systems Attorney Interview Space (2.26) Available 0555 Contra Costa Martinez PD PHY 23-24 - 2 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 0555 FACILITY: Martinez Police Department TYPE: TH RC: 0 FIELD REPRESENTATIVE: Dale Miller DATE: July 12, 2023 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # BRC BRC (L x W x H) T U W F S Beds Booking Holding 1988 2 2 (4) 7.0' X 8.3' X 9’ 1 1 1 Note: 40" benches *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets (), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 0555 Contra Costa Martinez PD LASE 23-24 1 A360 LAS Adult.dot (03/01)