Kern California City PD (2023-2024 inspection cycle)

May 28, 2024 Jesse Hightower, Chief of Police California City Police Department 21130 Hacienda Blvd. California City, CA 93505 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTION S CODE SECTION 209 , CALIFORNIA CITY POLICE DEPARTMENT TEMPORARY HOLDING FACILITY Dear Chief Hightower: The 2023-2024 Comprehensive Inspection of the California City Police Department Temporary Holding Facility #1090 has been completed. A pre -inspection briefing was held on Wednesday, January 24, 2024, and the facility was inspected on Tuesday, May 14, 2024: 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. The Local inspection reports for Medical/Mental, Nutritional, and Environmental Health were out of date. INSPECTION RESULTS We identified the following items of noncompliance with Title 15 Minimum Standards: Title 15 Section 1029, Policy and Procedures Manual: No annual security review was completed. Title 15 Section 1032, Fire Suppression Preplanning: 24 months of monthly fire inspections were not provided. Title 15 Section 1056, Use of Sobering Cell: The facility was unable to produce sobering cell logs or state the cell was not used. Jesse Hightower Chief of Police Page 2 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 copy of the monitoring report is attached for your information. CORRECTIVE ACTION PLAN (CAP) An Exit Briefing with your staff was held on Tuesday, May 14, 2024; 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 was requested tp provide BSCC staff with a CAP addressing these issues by Wednesday, June 26, 2024. BSCC staff will respond to the CAP under a separate cover letter. * * * Please email me at james.peak@bscc.ca.gov or call (916) 516-4022 if you have any questions. Sincerely, JAMES A PEAK Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Kern County Superior Court* Grand Jury, Kern County* Chair, Board of Supervisors, Kern County* County Administrator, Kern County* Salvador Stewart, Sergeant, California City Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 1090 Kern California City PD THJ LTR 23-24 1090 California City PD PRO 2023-2024TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 1090 FACILITY NAME: California City Police Dept. FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sgt. Salvador Stewart FIELD REPRESENTATIVE: James Peak DATE: 05-14-2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.13 Training HOLDING FACILITY TRAINING BSCC staff reviewed training records At a minimum, all supervisors of and personnel who indicating department members completed supervise incarcerated persons in, a Court Holding or the updated training requirements in October Temporary Holding facility shall complete eight hours of 2023. BSCC staff determined the agency is specialized corrections training. Such training shall compliant with this regulation. include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; (c) separation of incarcerated persons; (d) emergency procedures and planning, fire and life ☒ ☐ ☐ safety; and; (e) suicide prevention; (f) de-escalation; (g) juvenile procedures; (h) racial bias; and, (i) mental illness. Note: Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors. Such training shall be completed as soon as practical, but 900.13 Training in any event not more than six months after the date of assigned responsibility. Successful completion of Core California City Police Department members training or supplemental Core training, pursuant to responsible for supervising adults in Section 1020, Corrections Officer Core Course, may be temporary custody shall complete the ☒ ☐ ☐ substituted for the initial eight hours of training. Corrections Officer Core Course or eight hours of specialized training within six months of assignment. Such training shall include but not be limited to the following (15 CCR 1024): (as stated above) A total of eight hours of refresher training shall be 900.13 Training completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional ☒ ☐ ☐ Eight hours of refresher training shall be Training may be substituted for the eight-hour refresher. completed once every two years (15 CCR 1024). 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. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL 900.3.3 Staffing Plan A sufficient number of personnel shall be employed in ☒ ☐ ☐ each local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. Whenever there is a person in custody, there shall be at 900.3.2 Supervision in Temporary Custody least one employee on duty at all times in a local detention facility or in the building which houses a local An authorized California City Police ☒ ☐ ☐ detention facility who shall be immediately available and Department member capable of supervising accessible to incarcerated people in the event of an shall be present at all times when an emergency. individual is held in temporary custody. Such an employee shall not have any other duties which 900.3.2 Supervision in Temporary Custody would conflict with the supervision and care of incarcerated people in the event of an emergency. The member responsible for supervising ☒ ☐ ☐ shall not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more females are in custody, there 900.3.2 Supervision in Temporary Custody shall be at least one female employee who shall be immediately available and accessible to such females. At least one female California City Police Department member should be present Note: Reference PC § 4021. ☒ ☐ ☐ when a female adult is in temporary custody. In the event that none is readily available, the female in custody shall be transported to another facility or released pursuant to another lawful process (15 CCR 1027). In order to determine if there is a sufficient number of BSCC staff reviewed the agency’s staffing personnel for a specific facility, the facility administrator roster and determined the agency is shall prepare and retain a staffing plan indicating the compliant with this regulation. 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 900.5.1 Temporary Custody Logs 900.8 Holding Cells The facility administrator shall develop and implement policy and procedures for conducting safety checks that 900.8 (e) (c) The safety check should involve include, but are not limited to, the following: questioning the individual as to his/her well- (a) Safety checks will determine the safety and well-being being. of individuals and shall be conducted at least hourly ☒ ☐ ☐ through direct visual observation of all people held and BSCC staff reviewed safety check logs for housed in the facility. the months of January 2023, April 2023, July 2023, October 2023, December 2023, and February 2024 and determined the agency is compliant with this regulation. (b) There shall be no more than a 60-minute lapse 900.8 between safety checks. ☒ ☐ ☐ Safety checks by department members shall occur no less than every 15 minutes (15 CCR 1027.5). 1090 Kern California City Police Dept. THJ PRO 23-24 Page 2 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Safety checks for people in sobering cells, safety cells, The California City Police facility does not and restraints shall occur more frequently as outlined in have a safety cell described in this section 1055, section 1056, and section 1058 of these regulation, nor does the department use ☒ ☐ ☐ regulations. restraints described in the regulation. 900.8.1 Use of Sobering Cell (d) Safety checks shall occur at random or varied 900.8 intervals. ☒ ☐ ☐ (e) 1. Safety checks should be at varying times. (e) There shall be a written plan that includes the 900.5.1 Temporary Custody Logs documentation of all safety checks. Documentation shall include: ☒ ☐ ☐ (d) Time of all safety checks (15 CCR 1027; (1) the actual time at which each individual safety 15 CCR 1027.5). check occurred; (2) the location where each individual safety check 900.5.1 Temporary Custody Logs occurred, such as a cell, module, or dormitory number; and, (g) Any other information that may be required by other authorities, such as ☒ ☐ ☐ compliance inspectors. Recommend adding language to address the section directly. (3) the location where each individual safety check 900.5.1 Temporary Custody Logs occurred, such as a cell, module, or dormitory number; (g) Any other information that may be required by other authorities, such as ☒ ☐ ☐ compliance inspectors. Recommend adding language to address the section directly. (f) A documented process by which safety checks are 900.5.1 Temporary Custody Logs reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns (g) Any other information that may be of inconsistent documentation, or untimely completion of, required by other authorities, such as ☒ ☐ ☐ safety checks. compliance inspectors. Recommend adding language to address the section directly. 1028 FIRE AND LIFE SAFETY STAFF 900.3.3 Staffing Plan Whenever there is a person in custody, there shall be at The plan should ensure that at least, least one person on duty at all times who meets the one member who meets the training training standards established by the Board for general ☒ ☐ ☐ standards established by the Corrections fire and life safety. [Penal Code section 6030(c)]. Standards Authority (CSA) for general fire- and life-safety and is trained in fire- and life- safety procedures relating specifically to the facility is on duty at all times (15 CCR 1028). The facility manager shall ensure that there is at least one 900.3.3 Staffing Plan person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 3 of 26 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 MANUAL2 California City PD Policy Manual Facility administrator(s) shall develop and publish a The policy is reviewed and revised on an as- manual of policy and procedures for the facility. The needed basis. The last review/update was policy and procedures manual shall address all completed on 01-23-2024. applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every ☒ ☐ ☐ two years. Such a manual shall be made available to all employees. 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 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 900.12 Assigned Administrator ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force that meets current state 300 Use of Force and federal legal requirements and includes ☒ ☐ ☐ prohibition of the use of carotid restraint and choke holds. (4) Policy on the use of restraint equipment, including 302 Use of Restraints the restraint of pregnant persons as referenced in ☒ ☐ ☐ Penal Code Section 3407. (5) Procedure and criteria for screening newly 900.4.1 Screening and Placement ☒ ☐ ☐ received persons for release. (6) Security and control including physical counts and 900.12 Assigned Administrator searches of the facility and incarcerated persons, contraband control, and key control. (n) Any other applicable requirements under Each facility administrator shall, at least annually, 15 CCR 1029 review, evaluate, and make a record of security ☐ ☒ ☐ measures. The review and evaluation shall include The facility did not provide the annual internal and external security measures of the facility security review and is not compliant with this including security measures specific to prevention of regulation. BSCC staff will follow up with this sexual abuse and sexual harassment. via the Corrective Action Plan procedures. (7) Emergency procedures include: 900.12 Assigned Administrator (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; (B) escape, disturbances, and the taking of 900.12 Assigned Administrator hostages; ☒ ☐ ☐ 404.8.2 Appropriate Situations for Use of Crisis Response Unit (C) mass arrests; 431.5.2 Operational Plans (p) Arrest protocol, including management of ☒ ☐ ☐ mass arrests. 431.8 Arrests 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 4 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; 900.12 Assigned Administrator ☒ ☐ ☐ (E) periodic testing of emergency equipment; and 900.12 Assigned Administrator ☒ ☐ ☐ (F) storage, issue, and use of weapons, 900.5.7 Firearms and Other Security ammunition, chemical agents, and related ☒ ☐ ☐ Measures security devices. (8) Suicide Prevention. ☒ ☐ ☐ 900.9.1 Suicide Prevention Program (9) Separation of incarcerated persons. 900.4.1 (d) Ensure separation, as appropriate, based ☒ ☐ ☐ on other factors, such as age, criminal sophistication, assaultive/non-assaultive behavior, mental state, disabilities, and sexual orientation. (10) Zero tolerance in the prevention of sexual abuse 900.12 Assigned Administrator and sexual harassment. (n) Any other applicable requirements under ☒ ☐ ☐ 15 CCR 1029 (11) Policy and procedure to detect, prevent, and 1029 Anti-Retaliation respond to retaliation against any staff or person after ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for 900.11 Release and/or Transfer ☒ ☐ ☐ incarcerated persons. (e) The manual for Temporary Holding, Court Holding, 900.12 Assigned Administrator Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (n) Any other applicable requirements under (1) multiple internal ways for incarcerated people to 15 CCR 1029 privately report sexual abuse and sexual ☒ ☐ ☐ harassment, retaliation by other incarcerated persons or staff for reporting sexual abuse and PREA notifications are also posted in the sexual harassment, and staff neglect or violation of holding area. responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, 900.12 Assigned Administrator family, community members, and other interested third parties to report sexual abuse or sexual (n) Any other applicable requirements under harassment. The method for reporting shall be 15 CCR 1029 publicly posted at the facility. ☒ ☐ ☐ PREA notifications are posted in the lobby area for public viewing. 1030 SUICIDE PREVENTION PROGRAM 900.9.1 Suicide Prevention Program The facility shall have a comprehensive written suicide prevention program developed by the facility administrator or designee, in conjunction with the health ☒ ☐ ☐ authority and mental health director, to identify, monitor, and provide treatment to those incarcerated persons who present a suicide risk. The program shall include the following: (a) Annual suicide prevention training for all custodial 1032.9 Training – Suicide Prevention ☒ ☐ ☐ personnel. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 5 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Intake screening for suicide risk immediately upon 900.4.1 Screening and Placement ☒ ☐ ☐ intake and prior to housing assignment. (c) Suicide prevention screening during special 900.4.1 Screening and Placement situations, including placement in restrictive housing, ☒ ☐ ☐ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among 900.11 arresting/transporting officers, facility staff, court staff, medical and mental health personnel in relation to suicide (g) Any known threat or danger the individual risk. may pose (e.g., escape risk, suicide potential, medical condition) is documented, and the documentation is transported with ☒ ☐ ☐ the individual if he/she is being sent to another facility. (a) The Department member transporting the individual shall ensure such risks are communicated to the intake personnel at the other facility. (e) Housing recommendations for people at risk of suicide 900.4.1 Screening and Placement that balance safety and environment. The least restrictive ☒ ☐ ☐ environment should be considered. (f) Supervision depending on level of suicide risk. ☒ ☐ ☐ 900.4.1 Screening and Placement (g) Suicide attempt and suicide intervention policies and 900.9.1 Suicide Prevention Program ☒ ☐ ☐ procedures. (h) Provisions for reporting suicides and suicides 900.9 Suicide Attempt, Death, or Serious ☒ ☐ ☐ attempts. Injury (i) Multi-disciplinary administrative review of suicides and 900.10 Inmate Deaths attempted suicides as defined by the facility administrator, including the development of a corrective ☒ ☐ ☐ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. 900.5.3 Medical Care ☒ ☐ ☐ Note: Subsection (k) does not apply and has been deleted. 1032 FIRE SUPPRESSION PREPLANNING General Order 20-002 details emergency procedures for evacuations. 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 1027.4 Administration Division Commander fire department to be included as part of the policy and Responsibilities procedures manual (Title 15, California Code of Regulations Section 1029); (f) Fire Prevention Plan ☒ ☐ ☐ 900.12 Assigned Administrator General Order 20-002 details emergency procedures for evacuations. (b) monthly fire prevention inspections by facility staff with The facility did not provide 24 months of two-year retention of the inspection record; monthly fire inspections. BSCC staff will ☐ ☒ ☐ follow up with this via the Corrective Action Plan procedures. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 6 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) fire prevention inspections as required by Health and The current fire inspection was completed on Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ 05-07-24. inspections at least once every two years; (d) an evacuation plan; and General Order 20-002 details emergency ☒ ☐ ☐ procedures for evacuations. (e) a plan for the emergency housing of incarcerated General Order 20-002 details emergency ☒ ☐ ☐ people in the case of fire. procedures for evacuations. 1044 INCIDENT REPORTS 346 Report Preparation Each facility administrator shall develop written policies 900.5.8 Reporting Physical Harm or Serious and procedures for the maintenance of written records Threat of Physical Harm ☒ ☐ ☐ and reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee The agency reported no incidents during this or incarcerated person of a detention facility or other inspection cycle. person. Such records shall include the names of the persons 346 Report Preparation involved, a description of the incident, the actions taken, ☒ ☐ ☐ and the date and time of the occurrence. Such a written record shall be prepared by the staff 346 Report Preparation assigned to investigate the incident and submitted to the ☒ ☐ ☐ facility manager or designee. 1046 DEATH IN CUSTODY 900.10 Inmate Deaths (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ensure that there is an initial review of ☒ ☐ ☐ every in-custody death within 30 days. The review team at a minimum shall include the facility administrator or designee, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the 900.10 Inmate Deaths appropriateness of clinical care; whether changes to ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. (b) Death of a Minor 314.12 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: (1) The administrator of the facility shall provide to the ☒ ☐ ☐ Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 7 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 900.4.1 Screening and Placement (a) Each administrator of a temporary holding, Type I, II, BSCC staff reviewed booking paperwork for or III facility shall develop and implement a written recent arrestees and found the paperwork classification plan designed to properly assign included collecting biographical, medical incarcerated persons to housing units and activities screening, communicable disease, PREA, according to the categories of gender identity, age, and segregation information. criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non- assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the incarcerated people and staff. Such ☒ ☐ ☐ housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written 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. Note: Subsection (b) does not apply and has been deleted. (c) In deciding housing and programming assignments, 900.4.1 Screening and Placement the agency shall consider on a case-by-case basis whether a placement would ensure the health and safety 3. Ensure individuals are separated of the incarcerated person, and whether the placement ☒ ☐ ☐ according to the severity of the crime (e.g., would present management or security problems. A felony or misdemeanor). person’s own views with respect to their own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 900.3.1 Individuals Who Shall Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and (h) Any individual who claims to have is procedures specifying those symptoms that require known to be afflicted with or displays ☒ ☐ ☐ medical isolation of an incarcerated person until a symptoms of any communicable disease that medical evaluation is completed. poses an unreasonable exposure risk (15 CCR 1051). 1016 Communicable Diseases At the time of intake into the facility, an inquiry shall be 900.4 Initiating Temporary Custody made of the person being booked as to whether the person has or has had any communicable diseases, such as tuberculosis or has observable symptoms of ☒ ☐ ☐ tuberculosis or any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION 900.3.1 Individuals Who Shall Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ (k) Any individual who appears to be a procedures to identify and evaluate all incarcerated danger to him/herself or others due to a people who may be in behavioral crisis. Evaluation of mental disorder, or who appears gravely behavioral crisis may include telehealth. disabled (15 CCR 1052). 1090 Kern California City Police Dept. THJ PRO 23-24 Page 8 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If an evaluation from medical or mental health staff is not 900.3.1 Individuals Who Shall Not Be in readily available, an incarcerated person shall be Temporary Custody considered in behavioral crisis for the purpose of this section if they appear to be a danger to themselves or ☒ ☐ ☐ (k) Any individual who appears to be a others or appear gravely disabled. danger to him/herself or others due to a mental disorder, or who appears gravely disabled (15 CCR 1052). An evaluation from medical or mental health staff shall be 900.3.1 Individuals Who Shall Not Be in secured within 24 hours of identification or at the next Temporary Custody daily sick call, whichever is earliest. ☒ ☐ ☐ (k) Any individual who appears to be a danger to him/herself or others due to a mental disorder, or who appears gravely disabled (15 CCR 1052). Separation may be used if necessary, to protect the 900.3.1 Individuals Who Shall Not Be in safety of the person in crisis or others. Temporary Custody ☒ ☐ ☐ (k) Any individual who appears to be a danger to him/herself or others due to a mental disorder, or who appears gravely disabled (15 CCR 1052). 1053 ADMINISTRATIVE SEPARATION 900.3.1 Individuals Who Shall Not Be in Temporary Custody Except for Type IV facilities, facility administrators shall develop and implement policies and procedures for the (g) Any individual who has exhibited administrative separation of incarcerated people. extremely violent or continuously violent ☒ ☐ ☐ behavior including behavior that results in the destruction of property or demonstrates an intent to cause physical harm to him/herself or others (15 CCR 1053; 15 CCR 1055). Policies and procedures must include: 900.4.1 Screening and Placement (a) Administrative separation may consist of separate housing but shall not involve any other deprivation of 3. Ensure individuals are separated privileges than is necessary to obtain the objective of according to the severity of the crime (e.g., ☒ ☐ ☐ protecting the welfare of incarcerated people and facility felony or misdemeanor). staff. Note: Subsections (b) through (e) do not apply and have been deleted. 1055 USE OF SAFETY CELL The California City Police Department does not have a safety cell. The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people who ☐ ☐ ☒ display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate ☐ ☐ ☒ authority to place an incarcerated person in a safety cell to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment ☐ ☐ ☒ or as a substitute for treatment. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 9 of 26 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 approval of the facility manager or designee, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every four hours. (c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be ☐ ☐ ☒ medically cleared for continued retention, referral to advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. (d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on ☐ ☐ ☒ placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute ☐ ☐ ☒ lapse between safety checks. Such observation shall be documented. (f) Procedures shall be established to assure ☐ ☐ ☒ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to 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 900.8.1 Use of sobering cell The sobering cell described in Title 24, Part 2, Section The facility did not provide sobering cell 1231.2.4, shall be used for temporary holding of ☐ ☒ ☐ placement reports/logs and is not compliant incarcerated people who are a threat to their own safety with this regulation. BSCC staff will follow up or the safety of others due to their state of intoxication. with this via the Corrective Action Plan procedures. A person shall be removed from the sobering cell as soon 900.8.1 as they are able to continue the admission process or are no longer a risk to themselves or others. (e) Inmates will be removed from the cell ☒ ☐ ☐ when they no longer pose a threat to their own safety and the safety of others and are able to continue processing. In no case shall a person remain in a sobering cell over 900.8.1 six hours without an evaluation by medical or custody staff to determine whether the person has an urgent (d) Under no circumstances shall an inmate medical problem, pursuant to section 1213 of these ☒ ☐ ☐ be held in a sobering cell for more than six regulations. hours without being evaluated by qualified medical personnel to ensure that the inmate does not have an urgent medical issue. At 12 hours from the time of placement, all persons must 900.8.1 receive an evaluation by responsible health care staff. (d) Under no circumstances shall an inmate ☒ ☐ ☐ be held in a sobering cell for more than six hours without being evaluated by qualified medical personnel to ensure that the inmate does not have an urgent medical issue. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 0 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of people held in the 900.8.1(c) sobering cell shall be conducted no less than every half ☒ ☐ ☐ hour. Such observation shall be documented. The policy requires direct visual observation checks. 1057 DEVELOPMENTAL DISABILITIES 900.3.1 Individuals Who Shall Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and (U) Any individual who is obviously ☒ ☐ ☐ procedures for the identification and evaluation, developmentally disabled (15 CCR 1057). appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the 900.5.3 Medical Care regional center for any incarcerated person suspected or 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 OF RESTRAINT DEVICES 900.3.1(l) Individuals who shall not be in temporary custody. The facility administrator, in cooperation with the responsible physician, shall develop and implement 302 Handcuffing and restraints written policies and procedures for the use of restraint devices. Restraint devices include any devices which The agency does not use a restraint chair or immobilize extremities or prevent the incarcerated person ☐ ☐ ☒ WRAP device. The agency uses handcuffs, from being ambulatory. The provisions of this section do waist chains, and leg chains. not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: ☐ ☐ ☒ (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. (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. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 1 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 RESTRAINTS AND PREGNANT PERSONS 900.6.1 Pregnant adults The facility administrator, in cooperation with the Women who are known to be pregnant shall responsible physician, shall develop written policies and be restrained in accordance with the procedures for the use of restraint devices on pregnant Handcuffing and Restraints Policy. people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: 302.3.2 Restraint of Pregnant Adults 900.3.1 (b) Individuals who shall not be in Temporary ☒ ☐ ☐ Custody - Any individual who has a medical condition, including pregnancy, that may require medical attention, supervision, or medication while he/she is in temporary custody. The policy articulates per Penal Code §3407 and Penal Code §6030 how pregnant adults are to be restrained. The agency does not bring pregnant persons into the facility. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 2 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) An incarcerated person known to be pregnant or 302.3.2 Restraint of Pregnant Persons in recovery after delivery or termination of the pregnancy shall not be restrained by the use of leg or Persons who are known to be pregnant waist restraints, or handcuffs behind the body. should be restrained in the least restrictive manner that is effective for officer safety. Leg ☒ ☐ ☐ irons, waist chains, or handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property. (2) An incarcerated pregnant person in labor, during 302.3.2 Restraint of Pregnant Persons delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, No person who is in labor, delivery, or ankles, or both, unless deemed necessary for the recovery after delivery shall be handcuffed or safety and security of the incarcerated person, the restrained except in extraordinary ☒ ☐ ☐ staff, or the public. circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). (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 pregnancy, they shall be advised, orally or in writing, ☒ ☐ ☐ of the standards and policies governing incarcerated pregnant people. 1067 ACCESS TO TELEPHONE 900.5.5 Telephone Calls The facility administrator shall develop written policies and procedures which allow access to a telephone or communication device beyond those telephone calls which are required by Section 851.5 of the Penal Code. Individuals who are known to have, or are perceived by others as having hearing or speech impairments shall be ☒ ☐ ☐ provided access to the appropriate telecommunication device which will facilitate communication. Such devices may include but are not limited to videophones, teletypewriters, or third-party communications assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESS TO COURTS AND COUNSEL 900.5.5(b)(c) 900.5.9 Attorneys and Bail Bondsmen 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) confidential consultation with attorneys. ☒ ☐ ☐ 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 3 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY ACTIONS 900.5.10 Discipline Wherever discipline is administered, each facility Discipline will not be administered to any administrator shall establish written rules and disciplinary individual in custody at this facility. Any actions to guide the conduct of incarcerated persons. individual in custody who repeatedly fails to ☐ ☐ ☒ follow directions or facility rules shall be Notes: If discipline IS NOT administered, written policy transported to the appropriate jail, mental should indicate as such. If discipline IS administered, health facility or hospital as soon as Sections 1080, 1081, 1082, 1083 and 1084 apply. practicable. Such conduct shall be documented and reported to the receiving facility (15 CCR 1081). Such rules and disciplinary actions shall be stated simply and affirmatively and posted conspicuously in housing ☐ ☐ ☒ units and the booking area or issued to each person upon booking. For those individuals with limited literacy, who are unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them ☐ ☐ ☒ verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and actions. 1081 PLAN FOR DISCIPLINE OF INCARCERATED 900.5.10 Discipline PERSONS Discipline will not be administered to any Each facility administrator shall develop written policies individual in custody at this facility. Any and procedures for discipline of incarcerated persons. individual in custody who repeatedly fails to The plan shall include, but not be limited to, the following follow directions or facility rules shall be elements: ☐ ☐ ☒ transported to the appropriate jail, mental (a) Temporary Loss of Privileges: For minor acts of non- health facility or hospital as soon as conformance or minor violations of facility rules, staff may practicable. Such conduct shall be impose a temporary loss of privileges, such as access to documented and reported to the receiving television, telephones, commissary, or lockdown for less facility (15 CCR 1081). than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing ☐ ☐ ☒ by the staff member observing the act and 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 authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes: ☐ ☐ ☒ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 4 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 2. Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been ☐ ☐ ☒ informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The ☐ ☐ ☒ incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and ☐ ☐ ☒ the action taken shall be reviewed by the facility manager or designee. 6. The incarcerated person shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. 1082 FORMS OF DISCIPLINE 900.5.10 Discipline The degree of actions taken by the disciplinary officer Discipline will not be administered to any shall be directly related to the severity of the rule individual in custody at this facility. Any infraction and promotion of desired behavior through a individual in custody who repeatedly fails to progressive disciplinary process. Acceptable forms of follow directions or facility rules shall be discipline shall consist of, but not be limited to, the transported to the appropriate jail, mental following: health facility or hospital as soon as (a) Loss of privileges. ☐ ☐ ☒ practicable. Such conduct shall be (b) Extra work detail. documented and reported to the receiving (c) Short term lockdown for less than 24 hours. facility (15 CCR 1081). (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS 900.5.10 Discipline The Penal Code and the State Constitution expressly Discipline will not be administered to any prohibit all cruel and unusual punishment. Disciplinary individual in custody at this facility. Any actions shall not include corporal punishment, group individual in custody who repeatedly fails to punishment when feasible, or physical or psychological follow directions or facility rules shall be degradation. ☐ ☐ ☒ transported to the appropriate jail, mental health facility or hospital as soon as Additionally, there shall be the following limitations: practicable. Such conduct shall be (a) Disciplinary separation shall be considered an option documented and reported to the receiving of last resort and as a response to the most serious and facility (15 CCR 1081). threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 5 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) If a person is on disciplinary separation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a ☐ ☐ ☒ consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (2) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day ☐ ☐ ☒ except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (3) If after placement in separation, mental health or 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 person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the implements necessary to maintain an acceptable level of ☐ ☐ ☒ personal hygiene as specified in Section 1265 of these regulations. (e) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case ☐ ☐ ☒ correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 6 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS 900.5.10 Discipline Penal Code Section 4019.5 requires that a record is kept Discipline will not be administered to any of all disciplinary actions administered therefore. This individual in custody at this facility. Any requirement may be satisfied by retaining copies of rule individual in custody who repeatedly fails to violation reports and report of the disposition of each. ☐ ☐ ☒ follow directions or facility rules shall be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct shall be documented and reported to the receiving facility (15 CCR 1081). 1270 STANDARD BEDDING AND LINEN ISSUE 900.3 General Criteria and Supervision The standard issue of clean suitable bedding and linens, No adult shall be in temporary custody for for each incarcerated person entering a living area who longer than six hours. In cases where is expected to remain overnight, shall include, but not be hazardous travel to the appropriate Kern limited to: County Jail facility outweighs the hazards of travel or the anticipated high volume of (a) one serviceable mattress which meets the prisoners would impact officer safety, then requirements of Section 1272 of these regulations; ☒ ☐ ☐ the watch commander may authorize a necessary extension of those in temporary custody for 24 hours. In the event of a disaster or unplanned event, the Chief of Police may extend the temporary holding for up to 48 hours. A mattress is available in each cell holding cell. (b) one mattress cover or one sheet; ☒ ☐ ☐ (d) one blanket or more depending up on climatic 900.5.2 Temporary Custody Requirements conditions. ☒ ☐ ☐ (h) Clean blankets are provided as reasonably necessary to ensure the comfort of an individual. 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 mattress cover or one sheet at the request of the ☒ ☐ ☐ incarcerated person. Temporary Holding facilities which hold persons longer 900.3 General Criteria and Supervision than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) No adult shall be in temporary custody for and (d) above prior to their first night in the facility and longer than six hours. In cases where every night thereafter. hazardous travel to the appropriate Kern ☒ ☐ ☐ County Jail facility outweighs the hazards of travel or the anticipated high volume of prisoners would impact officer safety, then the watch commander may authorize a necessary extension of those in temporary custody for 24 hours. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 7 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND 900.12 Assigned Administrator MAINTENANCE (c) Sanitation and Maintenance - The holding The facility administrator shall develop written policies facility will be kept in a clean and safe and procedures for the maintenance of an acceptable condition at all times. The primary level of cleanliness, repair, and safety throughout the responsibility for the cleanliness and facility. Such a plan shall provide for a regular schedule sanitation of the holding facility is that of the ☒ ☐ ☐ of housekeeping tasks and inspections to identify and on-duty Jailer. The Jailer will thoroughly correct unsanitary or unsafe conditions or work practices clean the holding facility each day in which may be found. accordance with an established maintenance schedule. At a minimum, the drains in the holding facility (including the shower) shall be flushed once a week to prevent any possible backup in the sewer system. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 8 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS YES NO P/P REFERENCE – COMMENTS Are minors held in this facility? The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on ☒ ☐ the detention of minors: (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) Are minors held in jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 ☒ ☐ establishes the minimum standards of how facilities hold minors in temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A MINOR 314.12 Suicide Attempt, Death, or Serious IN AN ADULT DETENTION FACILITY Injury of a Juvenile The facility administrator shall develop policy and ☒ procedures for notification of the court of jurisdiction and ☐ ☐ the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 314 Temporary Custody of Juveniles The facility administrator shall develop written policies ☒ and procedures concerning minors being held in ☐ ☐ temporary custody which shall address: (a) suicide risk and prevention; (b) use of restraints; 314.3(c) Juveniles Who Should Not Be Held ☒ 314.3.2 Suicide prevention of juveniles in ☐ ☐ custody (c) emergency medical assistance and services; and 314.3 Juveniles Who Should Not Be Held ☒ 314.3.1 Emergency medical care of ☐ ☐ juveniles in custody (d) prohibiting use of discipline. 314.8(o) Temporary Custody Requirements ☒ ☐ ☐ The facility does not administer discipline to juveniles. 1143 CARE OF MINORS IN TEMPORARY 314.8 Temporary Custody Requirements CUSTODY ☒ ☐ 314.8(e) Access to Washbasins (a) The following shall be made available to all minors ☐ held in temporary custody: (1) access to toilets and washing facilities; 1090 Kern California City Police Dept. THJ PRO 23-24 Page 1 9 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) one snack during term of temporary custody if 314.8(f) Food Shall be Provided the minor has not eaten within the past four (4) ☒ hours or is otherwise in need of appropriate ☐ ☐ nourishment; (3) access to drinking water; ☒ 314.8 (g) Access to Water ☐ ☐ (4) access to language services; 314.8 ☒ ☐ (f) Juveniles shall be provided sanitary ☐ napkins, panty liners, and tampons as requested (15 CCR 1143). (5) access to disabilities services; ☒ ☐ 314.8(q) Juveniles shall have access to ☐ disability services (15 CCR 1143). (6) sanitary napkins, panty liners, and tampons as ☒ ☐ 314.8(p) Juveniles shall have access to requested; ☐ language services (15 CCR 1143). (7) privacy during consultation with family, guardian, ☒ 314.8(i) Privacy during family, guardian, and/or lawyer; ☐ ☐ and/or lawyer visits. (8) blankets and clothing, as necessary, to assure ☒ 314.8(k) Provided a blanket. the comfort of the minor; and ☐ ☐ (9) personal clothing unless the clothing is 314.8 (j) Permitted to remain in their inadequate, presents a health or safety problem, or ☒ personal clothing. ☐ ☐ is required to be utilized as evidence of an offense. (b) Upon entry, the minor shall be informed in writing of While held in temporary custody, juveniles what is available under this section, and it shall be shall be informed in writing of what is posted in at least one conspicuous place to which ☒ ☐ available to them pursuant to 15 CCR 1143 minors have access. ☐ and it shall be posted in at least one conspicuous place to which they have access (15 CCR 1143). 1144 CONTACT BETWEEN MINORS AND 314.7 No-contact Requirements INCARCERATED ADULTS ☒ The facility administrator shall establish policies and ☐ ☐ procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may 314.7 No-contact Requirements occur, such as booking or facility movement, facility staff (trained in the supervision of incarcerated people) shall ☒ ☐ ☐ maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 2 0 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1145 DECISION ON SECURE CUSTODY 314.11 Secure Custody A minor who is taken into temporary custody by a peace The agency documented no secure officer on the basis that they are a person described by detention of juveniles during this inspection Section 602 of the Welfare and Institutions Code may cycle. be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these standards are met. ☒ ☐ ☐ Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Note: Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents 314.11(a) – Age, Maturity, and Delinquent a serious security risk of harm to self or others, the ☒ History officer may take into account the following factors: ☐ ☐ (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was ☒ 314.11(b) – Severity of offense for which the taken into custody; ☐ ☐ juvenile was taken into custody. (c) minor's behavior, including the degree to which the ☒ 314.11(c) – The juvenile offender’s minor appears to be cooperative or non-cooperative; ☐ ☐ behavior. (d) the availability of staff to provide adequate 314.11(d) - Availability of staff to provide supervision or protection of the minor; and ☒ adequate supervision or protection of the ☐ ☐ juvenile offender (e) the age, type, and number of other individuals who ☒ 314.11(e) - Age, type, and number of other are detained in the facility. ☐ ☐ individuals in custody at the facility. 1146 CONDITIONS OF SECURE CUSTODY 314.11 Secure custody While in secure custody, minors may be locked in a Secure custody should only be used for room or other secure enclosure, secured to a cuffing rail, ☒ juvenile offenders when there is a ☐ ☐ or otherwise reasonably restrained as necessary to reasonable belief that the juvenile is a prevent escape and protect the minor and others from serious risk of harm to him/herself or others. harm. 1147 SUPERVISION OF MINORS IN SECURE 314.11 Secure custody CUSTODY INSIDE A LOCKED ENCLOSURE 314.11.1 (a) - The juvenile shall constantly (a) Minors shall receive adequate supervision which, at ☒ be monitored by an audio/video system ☐ ☐ a minimum, includes: during the entire custody. (1) constant auditory access to staff by the minor; and 1090 Kern California City Police Dept. THJ PRO 23-24 Page 2 1 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) safety checks, as defined in Section 1006, of the 314.11.1 minor by staff of the law enforcement facility, at least once every 30 minutes, which shall be documented. (d) - Unscheduled safety checks to provide for the health and welfare of the juvenile by a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15 CCR 1151). ☒ ☐ ☐ 1. All safety checks shall be logged. 2. The safety check should involve questioning the juvenile as to his/her well- being (sleeping juveniles or apparently sleeping juveniles should be awakened). 3. Requests or concerns of the juvenile should be logged. (b) Minors of different genders shall not be placed in the 314.11.1 same locked room unless under constant direct visual ☒ ☐ observation by staff of the law enforcement facility. ☐ (e) - Males and females shall not be placed in the same locked room (15 CCR 114 7). 1148 SUPERVISION OF MINORS IN SECURE 314.11 Secure custody CUSTODY OUTSIDE OF A LOCKED 314.11.1 Locked enclosures ENCLOSURE ☒ Minors held in secure custody outside of a locked ☐ ☐ enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant 314.11 Secure Custody direct visual observation to assure the minor's safety while secured to a stationary object. When practicable and when no locked enclosure is available, handcuffing one hand of a juvenile offender to a fixed object ☒ while otherwise maintaining the juvenile in ☐ ☐ non-secure custody should be considered as the method of secure custody. An employee must be present at all times to ensure the juvenile’s safety while secured to a stationary object (15 CCR 1148). Securing minors to a stationary object for longer than 60 314.11 Secure Custody minutes, and every 30 minutes thereafter, shall be approved by a supervisor. Juveniles shall not be secured to a stationary object for more than 60 minutes. ☒ Supervisor approval is required to secure a ☐ ☐ juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter (15 CCR 1148). Supervisor approval should be documented. The decision for securing a minor to a stationary object 314.11 Secure Custody for longer than 60 minutes, and every 30 minutes thereafter shall be based upon the best interests of the The decision for securing a minor to a minor and shall be documented. ☒ ☐ stationary object for longer than 60 minutes ☐ and every 30 minutes thereafter shall be based upon the best interests of the juvenile offender (15 CCR 1148). 1090 Kern California City Police Dept. THJ PRO 23-24 Page 2 2 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1149 CRITERIA FOR NON-SECURE CUSTODY 314.4.3 Custody of Juvenile Offenders Minors held in temporary custody, who do not meet the BSCC staff reviewed the non-secure minors criteria for secure custody as specified in Section in custody logs dating from May 2022 to the 207.1(b) of the Welfare and Institutions Code, may be ☒ present and determined the agency's held in non- secure custody to investigate the case, ☐ ☐ complaint with this regulation. facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. While minors are held in temporary non- secure custody the provisions of Section 1143 apply. 1150 SUPERVISION OF MINORS IN NON- 314.6 Juvenile Custody SECURE CUSTODY Minors held in non-secure custody shall receive constant direct visual observation by staff of the law ☒ ☐ ☐ enforcement facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF ANY 314.3 Juveniles Who Should Not Be Held INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY (d) Significantly intoxicated except when approved by the Watch Commander. A Facility administrators shall develop policies and ☒ medical clearance shall be obtained for procedures providing that a medical clearance shall be ☐ ☐ minors who are under the influence of obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating drugs, alcohol, or any other intoxicating substance to the substance to the extent that they are unable extent that they are unable to care for themselves, prior to care for themselves (15 CCR 1151). to secure or non-secure custody of that minor. Supervision of minors in secure custody in a locked 314.3 (d) Juveniles Who Should Not Be room shall include safety checks at least once every 15 Held minutes until resolution of the intoxicated state or 314.11.1 (d) -Unscheduled safety checks to release. These safety checks shall be documented, with provide for the health and welfare of the actual time of occurrence recorded. juvenile by a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15 CCR 1151). ☒ ☐ ☐ 1. All safety checks shall be logged. 2. The safety check should involve questioning the juvenile as to his/her well- being (sleeping juveniles or apparently sleeping juveniles should be awakened). 3. Requests or concerns of the juvenile should be logged. Supervision of minors in secure custody outside of a 314.3 Juveniles Who Should Not Be Held locked room shall be supervised in accordance with Section 1148. Officers taking custody of a juvenile who exhibits any of the above conditions shall ☒ ☐ ☐ take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151). 1090 Kern California City Police Dept. THJ PRO 23-24 Page 2 3 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Supervision of minors in nonsecure custody shall be Non-secure custody - When a juvenile is supervised in accordance with Section 1150. held in the presence of an officer or other custody employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non-secure custody may be handcuffed but not to a ☒ ☐ ☐ stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication, is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1; 15 CCR 1150). 1090 Kern California City Police Dept. THJ PRO 23-24 Page 2 4 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) Facility administrators must be aware of the requirements of WIC 207.1(b) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P REFERENCE – COMMENTS SECTION 207.1 NO YES 207.1(b)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for ☒ ☐ ☐ Number of violations: 0 investigating the case, facilitating release to a parent or guardian, or arranging transfer to an appropriate juvenile facility. 207.1(b)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ Number of violations: 0 enforcement facility for a period that does not exceed six hours. 207.1(b)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ Number of violations: 0 length of time the secure detention is expected to last, and of the maximum six-hour period and secure detention is authorized to last. 207.1(b)(1)(D) CONTACT BETWEEN MINOR AND ADULTS ☒ ☐ ☐ Number of violations: 0 Contact between the minor and adults confined in the facility is restricted in accordance with WIC Section 208. 207.1(b)(1)(E) SUPERVISION ☒ ☐ ☐ Number of violations: 0 The minor is adequately supervised. 207.1(b)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the ☒ ☐ ☐ Number of violations: 0 basis for the secure detention in the facility, the reasons and circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(b)(2) NON-SECURE CUSTODY ☒ ☐ ☐ Number of violations: 0 Minors have been detained in non-secure custody in the law enforcement facility for longer than six hours. 1090 Kern California City Police Dept. THJ PRO 23-24 Page 2 5 of 26 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 1090 FACILITY: California City Police Dept. TYPE: THJ RC: 0 FIELD REPRESENTATIVE: James Peak DATE: 05-14-2024 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S 1 Sobering 1991 1 3 (3) 8.0' x 9.0' x 8.0' 1 1 1 Note: (JP/4-19-22) The vents in the sobering cell have been upgraded to the 3/16” holes to prevent ligature points. 2 Holding 1991 1 4 (4) 10’ x 10’9” 1 1 1 3 Holding 1991 1 4 (4) 10’ x 10’4” 1 1 1 4 Holding 1991 1 4 (4) 10'7" x 10'9" 1 1 1 Note: (JP/4-19-22) The capacity for these three holding cells is limited by bench space. The vents in these cells have been upgraded to the 3/16” holes to prevent ligature points. *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. 1090 Kern California City Police Dept. THJ LASE 23-24 - 1 - A360 LAS Adult.dot (9/98) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 1090 FACILITY NAME: California City Police Dept. FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/94 X OTHER: 1991 FIELD REPRESENTATIVE: James Peak DATE: 05-14-2024 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) The doors to the holding cells open into the 0B X cell, creating the ability for the inmate to Contain 10 square feet of floor per inmate; prohibit access if they block the door. Limited to no more than 16 inmates; X No smaller than 40 square feet; X Contain sufficient seating to accommodate all X inmates; Toilet accessible; X Wash basin accessible; X Drinking fountain accessible; X Provide for adequate visual supervision of inmates; X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only X require a bunk if inmates are held longer than 12 hours). Weapons Locker (3.12) X External to the security area and equipped with individual compartments, locks and keys. Detoxification (Sobering) Cells (WA) (2.4) X Limited to no more than 8 inmates; Contain 20 square feet of floor per inmate; X No smaller than 60 square feet; X Contain toilet, washbasin and drinking fountain; X Partitions or handrails located next to toilet fixture to X provide support; Padding on the floor; X Provide easy, unobstructed visual observation. X Safety Cells (WA) (2.5) There is no safety cell. X Contain 48 square feet with one floor dimension at least 6 feet. Shower-Delousing Room (3.4) 1B X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables. Telephone (2.1) X Available for inmate use per Penal Code § 851.5. 1090 Kern California City Police Dept. THJ PHY 23-24 - 1 - A382 PHY CH-TH 94 99 01 05.dot (8/05) ARTICLE/SECTION YES NO N/A COMMENTS Audio Monitoring (2.22) X For facilities planned or constructed after 8-86. Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) X Available to maintain fire and life safety, security, communications and alarm systems. Attorney Interview Space (2.26) X Available 1090 Kern California City Police Dept. THJ PHY 23-24 - 2 - A382 PHY CH-TH 94 99 01 05.dot (8/05)