Kern Tehachapi PD (2023-2024 inspection cycle)

May 24, 2024 Richard Standridge, Chief of Police Tehachapi Police Department 220 W C St. Tehachapi, CA 93561 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, TEHACHAPI POLICE DEPARTMENT TEMPORARY HOLDING FACILITY Dear Chief Standridge: The 2023-2024 Comprehensive Inspection of the Tehachapi Police Department Temporary Holding Facility #1123 has been completed. A pre-inspection briefing was held on Wednesday, January 24, 2024, and the facility was inspected on Wednesday, May 15, 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. INSPECTION RESULTS We identified the following item of noncompliance with Title 15 Minimum Standards: Title 15 1024, Court Holding and Temporary Holding Facilty Training: The agency was found not to have completed the required eight hours of training according to the regulation. 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. Richard Standridge Chief of Police Page 2 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 Wednesday, May 15, 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 (IIR) for noncompliance items found during the inspection. Your agency was requested to provide BSCC staff with a CAP addressing this issue by Wednesday, June 26, 2024. BSCC 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* James Clark, Sergeant, Tehachapi Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 1123 Kern Tehachapi PD THJ LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 1123 FACILITY NAME: Tehachapi Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sgt. James Clark FIELD REPRESENTATIVE: James Peak DATE: 05-15-2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 1000.1.1 Supervision of Prisoners HOLDING FACILITY TRAINING At a minimum, all supervisors of and personnel who Board of State and Community Corrections supervise incarcerated persons in, a Court Holding or (BSCC) staff reviewed the provided training Temporary Holding facility shall complete eight hours of records and determined the agency has not specialized corrections training. Such training shall met the training requirement of this include, but not be limited to: regulation. (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 1000.1.1 Supervision of Prisoners in any event not more than six months after the date of assigned responsibility. Successful completion of Core Such training shall be completed as soon as ☒ ☐ ☐ training or supplemental Core training, pursuant to practicable, but in any event not more than Section 1020, Corrections Officer Core Course, may be six months after the date of assigned substituted for the initial eight hours of training. responsibility. A total of eight hours of refresher training shall be 1000.1.1 Supervision of Prisoners 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). A record of such training shall be maintained in the employee’s training file. 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. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 of 24 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 1000.2.1 Staffing Plan 1000.3.2 Supervision in Temporary Custody A sufficient number of personnel shall be employed in 1000.3.3 Staffing Plan ☒ ☐ ☐ 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 1000.1.1 Supervision of Prisoners least one employee on duty at all times in a local detention facility or in the building which houses a local Whenever there is an inmate in custody, detention facility who shall be immediately available and ☒ ☐ ☐ there shall be at least one person on duty at accessible to incarcerated people in the event of an all times who meets the training standards emergency. established by the BSCC for general fire and life safety (Penal Code Section 6030(e)). Such an employee shall not have any other duties which 1000.3.2 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 should not have other duties that could ☒ ☐ ☐ unreasonably conflict with the member's supervision. Any individual in custody must be able to summon the supervising member if needed. Whenever one or more females are in custody, there 1000.3.2 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 Department member should be present when a female adult is in Note: Reference PC § 4021. ☒ ☐ ☐ temporary custody. In the event that none is readily available, the female in custody should 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 1000.3.2 Supervision in Temporary Custody personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the BSCC staff reviewed the staff roster for the personnel assigned in the facility and their duties. Such a day of the inspection and determined the ☒ ☐ ☐ staffing plan shall be reviewed by the Board staff at the agency's complaint with this regulation. 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 1000.6 Holding Cells (e) The facility administrator shall develop and implement 3. The safety check should involve policy and procedures for conducting safety checks that questioning the individual as to the include, but are not limited to, the following: individual's well-being. (a) Safety checks will determine the safety and well-being ☒ ☐ ☐ of individuals and shall be conducted at least hourly BSCC staff reviewed the safety check logs through direct visual observation of all people held and from January 2023, April 2023, July 2023, housed in the facility. October 2023, December 2023, and February 2024 and determined the agency was compliant with this regulation. (b) There shall be no more than a 60-minute lapse Safety checks by Department members shall between safety checks. ☒ ☐ ☐ occur no less than every 15 minutes (15 CCR 1027.5). (c) Safety checks for people in sobering cells, safety cells, The facility does not have cells as described and restraints shall occur more frequently as outlined in in this regulation, nor does the facility use ☐ ☐ ☒ section 1055, section 1056, and section 1058 of these restraints as described by the regulation. regulations. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 2 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Safety checks shall occur at random or varied 1. Safety checks should be at varying times. ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the 1000.7 Holding Cells documentation of all safety checks. Documentation shall (e) 2. All safety checks shall be logged. include: ☒ ☐ ☐ (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check Safety check documentation includes cell occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number. number; and, (3) Initials or employee identification number of staff Safety check documentation includes the ☒ ☐ ☐ who completed the safety check(s). officer’s name. (f) A documented process by which safety checks are A sergeant reviews all booking paperwork, reviewed at regular defined intervals by a supervisor or which includes the safety check log during facility manager, including methods of mitigating patterns ☒ ☐ ☐ each shift. of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF 1000.1.1 Supervision of Prisoners Whenever there is a person in custody, there shall be at Whenever an inmate is in custody, there least one person on duty at all times who meets the ☒ ☐ ☐ shall be at least one person on duty at all training standards established by the Board for general times who meets the training standards fire and life safety. [Penal Code section 6030(c)]. established by the BSCC for general fire and life safety (Penal Code Section 6030(e)). The facility manager shall ensure that there is at least one 1000.1.1 Supervision of Prisoners person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL2 Tehachapi PD Policy and Procedures Manual Facility administrator(s) shall develop and publish a 1000.1 Purpose and Scope manual of policy and procedures for the facility. The policy and procedures manual shall address all The facility manual is updated annually or as applicable Title 15 and Title 24 regulations and shall be needed. It was last updated on April 4, comprehensively reviewed and updated at least every ☒ ☐ ☐ 2024, for compliance with the regulation. 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: ☒ ☐ ☐ 1000.2.1 Staffing Plan (1) Table of organization, including channels of communications. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 3 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) Inspections and operations reviews by the facility 1000.2 (b) Facility Manager: Will have the administrator/manager. responsibility for planning, managing, administrative functions, establishing channels of communication, conducting ☒ ☐ ☐ inspections and operations reviews, review of the facility manual and the operations of the Temporary Holding Facility. The Facility Manager will be responsible to the Facility Administrator. (3) Policy on the use of force that meets current state 400 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 406 Handcuffing and Restraints the restraint of pregnant persons as referenced in ☒ ☐ ☐ Penal Code Section 3407. (5) Procedure and criteria for screening newly 1000.7.6 Release of Prisoners received persons for release. ☒ ☐ ☐ 1000.7.7 Statutory Requirements for Citation Releases (6) Security and control including physical counts and 1002 Custodial Searches searches of the facility and incarcerated persons, contraband control, and key control. Key Control – 1003.1 (c) Cell keys are Each facility administrator shall, at least annually, available in the Shift Sergeant's office for review, evaluate, and make a record of security ☒ ☐ ☐ emergency use. measures. The review and evaluation shall include internal and external security measures of the facility Date of annual security review: 05-19-2024. including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 1003.1 Fire Safety (A) fire suppression preplan as required by section 1032 of these regulations; ☒ ☐ ☐ A Fire Suppression Preplan was approved by the Kern County Fire Department on 3- 22-2022. (B) escape, disturbances, and the taking of 1003.3 Escapes / 1003.6 Disturbances / ☒ ☐ ☐ hostages; 1003.4 Hostages (C) mass arrests; ☒ ☐ ☐ 1003.5 Mass Arrests (D) natural disasters; ☒ ☐ ☐ 1003.2.5 Citywide or Regional Disasters (E) periodic testing of emergency equipment; and 1003.1 Fire Safety ☒ ☐ ☐ (F) storage, issue, and use of weapons, 412.5 Safe Handling, Inspection and Storage ammunition, chemical agents, and related ☒ ☐ ☐ 1000.7.1 (a) security devices. (8) Suicide Prevention. ☒ ☐ ☐ 1003.5 Suicide Prevention (9) Separation of incarcerated persons. 1000.3 Prisoner Supervision and ☒ ☐ ☐ Classification (10) Zero tolerance in the prevention of sexual abuse 1004 Prison Rape Elimination ☒ ☐ ☐ and sexual harassment. (11) Policy and procedure to detect, prevent, and 1004 Prison Rape Elimination respond to retaliation against any staff or person after ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for 1000.7.6 Release of Prisoners ☒ ☐ ☐ incarcerated persons. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 4 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, 1004 Prison Rape Elimination Type I, II, III, and IV facilities shall provide for, but not be 1004.3 PREA Coordinator limited to, the following: (1) multiple internal ways for incarcerated people to The agency has signs posted in the holding privately report sexual abuse and sexual area for arrestees to read and report sexual ☒ ☐ ☐ harassment, retaliation by other incarcerated abuse and sexual harassment. persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, 1004 Prison Rape Elimination family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ The agency has signage posted in the lobby harassment. The method for reporting shall be for the public to read and ways to report publicly posted at the facility. sexual abuse or sexual harassment 1030 SUICIDE PREVENTION PROGRAM 1000.3.1 Individuals Who Should Not Be In Temporary Custody The facility shall have a comprehensive written suicide prevention program developed by the facility (e) Individuals who are obviously in crisis, as administrator or designee, in conjunction with the health ☒ ☐ ☐ defined in the Crisis Intervention Incidents authority and mental health director, to identify, monitor, Policy. 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 ☒ ☐ ☐ personnel. (b) Intake screening for suicide risk immediately upon 1000.4 Initiating Temporary Custody intake and prior to housing assignment. The officer should specifically ask if the ☒ ☐ ☐ individual is contemplating suicide and evaluate the individual for obvious signs or indications of suicidal intent. (c) Suicide prevention screening during special 1000.3.1 Individuals Who Should Not Be In situations, including placement in restrictive housing, Temporary Custody following a hearing, and after a transfer or change in classification. (d) Individuals who are a suspected suicide risk (see the Mental Illness Commitments Policy). ☒ ☐ ☐ 1. If the officer taking custody of an individual believes that the individual may be a suicide risk, the officer shall ensure continuous direct supervision until evaluation, release, or a transfer to an appropriate facility is completed (15 CCR 1030). (d) Provisions facilitating communication among 1000.15 Transportation of Prisoners arresting/transporting officers, facility staff, court staff, medical and mental health personnel in relation to suicide (c) Ensure that any known threat or danger risk. the prisoner may pose, such as escape risk, suicide potential, or medical condition, ☒ ☐ ☐ is recorded on the prisoner’s booking documentation and transported with the prisoner to the next facility. The transporting officer shall ensure such threat or danger is communicated to intake personnel at the facility. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 5 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Housing recommendations for people at risk of suicide The facility does not house suicidal that balance safety and environment. The least restrictive ☐ ☐ ☒ individuals. See (c) above. environment should be considered. (f) Supervision depending on level of suicide risk. ☒ ☐ ☐ See (c) above. (g) Suicide attempt and suicide intervention policies and 1000.3.6 Suicide Attempts or Suicide ☒ ☐ ☐ procedures. Threats (h) Provisions for reporting suicides and suicides 1000.3.6 Suicide Attempts or Suicide ☒ ☐ ☐ attempts. Threats (i) Multi-disciplinary administrative review of suicides and 1000.7.13 Death of a Prisoner 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. 1000.3.1 Individuals Who Should Not Be In Temporary Custody Note: Subsection (k) does not apply and has been deleted. (d) Individuals who are a suspected suicide risk (see the Mental Illness Commitments Policy). ☒ ☐ ☐ 1. If the officer taking custody of an individual believes that the individual may be a suicide risk, the officer shall ensure continuous direct supervision until evaluation, release, or a transfer to an appropriate facility is completed (15 CCR 1030). 1032 FIRE SUPPRESSION PREPLANNING 1003.1 Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local 1003.1.1 (c) fire department to be included as part of the policy and procedures manual (Title 15, California Code of ☒ ☐ ☐ A Fire Suppression Preplan was approved Regulations Section 1029); by the State Fire Marshal on 03-12-2024. (b) monthly fire prevention inspections by facility staff with 1003.1 Fire Safety two-year retention of the inspection record; The Facility Supervisor or his/her designee shall inspect the facility monthly. The results of the monthly inspection shall be documented in writing. The inspection record ☒ ☐ ☐ shall be retained for two years (Title 15, California Code of Regulations § 1032). BSCC staff reviewed the past two years of monthly fire safety checks and determined them to be compliant with this regulation. (c) fire prevention inspections as required by Health and 1003.1 Fire Safety Safety Code Section 13146.1(a) and (b) which requires inspections at least once every two years; ☒ ☐ ☐ The current Fire Inspection was conducted by the State Fire Marshal on 03-12-2024. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 6 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) an evacuation plan; and 1003.2 Evacuation of Temporary Holding ☒ ☐ ☐ Facility (e) a plan for the emergency housing of incarcerated 1003.2.3 Emergency Evacuation ☒ ☐ ☐ people in the case of fire. 1044 INCIDENT REPORTS 443 Report Preparation 1000.3.10 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 ☒ ☐ ☐ The agency reported there were no incidents harm, or serious threat of physical harm, to an employee in the facility during this inspection cycle. All or incarcerated person of a detention facility or other incidents are required to be documented per person. policy 423. Compliance was determined by policy review. Such records shall include the names of the persons 1000.3.10 Reporting Physical Harm or involved, a description of the incident, the actions taken, ☒ ☐ ☐ Serious Threat of Physical Harm and the date and time of the occurrence. Such a written record shall be prepared by the staff 1000.3.10 Reporting Physical Harm or assigned to investigate the incident and submitted to the ☒ ☐ ☐ Serious Threat of Physical Harm facility manager or designee. 1046 DEATH IN CUSTODY 1000.7.13 Death of a Prisoner (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 1000.7.13 Death of a Prisoner 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 423.7.5 Death of a Juvenile While Detained In any case in which a minor dies while detained in a jail, 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 423.7.5 Death of a Juvenile While Detained the administrator, the Board may within 30 calendar (b) 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. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 7 of 24 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 1000.3 Prisoner Supervision and Classification (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written BSCC staff reviewed “booking paperwork” classification plan designed to properly assign which included biographical information, a incarcerated persons to housing units and activities medical questionnaire, classification according to the categories of gender identity, age, questions, mental health questions, and criminal sophistication, seriousness of crime charged, questions regarding PREA. The agency is physical or mental health needs, assaultive/non- compliant with this regulation. 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, 1000.3 Prisoner Supervision and the agency shall consider on a case-by-case basis Classification whether a placement would ensure the health and safety of the incarcerated person, and whether the placement ☒ ☐ ☐ would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 1000.3.1 Individuals Who Should 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 or 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). Compliance with this regulation was based on a review of the medical questionnaire. At the time of intake into the facility, an inquiry shall be 1000.3.1 Individuals Who Should Not Be In made of the person being booked as to whether the Temporary Custody person has or has had any communicable diseases, such 1000.3.4 Medical Segregation and as tuberculosis or has observable symptoms of Communicable Diseases tuberculosis or any other communicable diseases, or 1000.1.3 Non-Detainable Prisoners ☒ ☐ ☐ other special medical problem identified by the health authority. The response shall be noted on the medical (b) Any person who has claimed, or is known screening from. to be afflicted with or displays symptoms of any communicable disease. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 8 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 BEHAVIORAL CRISIS IDENTIFICATION 1000.3.1 Individuals Who Should 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 themselves or others due to a ☒ ☐ ☐ people who may be in behavioral crisis. Evaluation of behavioral crisis, or who appears gravely behavioral crisis may include telehealth. disabled (15 CCR 1052). Compliance with this regulation was based on a review of the medical questionnaire. If an evaluation from medical or mental health staff is not 1000.3.1 Individuals Who Should Not Be in readily available, an incarcerated person shall be Temporary Custody (k) considered in behavioral crisis for the purpose of this ☒ ☐ ☐ section if they appear to be a danger to themselves or others or appear gravely disabled. An evaluation from medical or mental health staff shall be 1000.3.1 Individuals Who Should Not Be in secured within 24 hours of identification or at the next ☒ ☐ ☐ Temporary Custody (k) daily sick call, whichever is earliest. Separation may be used if necessary, to protect the 1000.3.1 Individuals Who Should Not Be in ☒ ☐ ☐ safety of the person in crisis or others. Temporary Custody (k) 1053 ADMINISTRATIVE SEPARATION 1000.3.1 Individuals Who Should 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 themselves or others (15 CCR 1053; 15 CCR 1055). Compliance with this regulation was based on a review of the medical questionnaire. Policies and procedures must include: 1000.1.3 Non-Detainable Prisoners (a) Administrative separation may consist of separate housing but shall not involve any other deprivation of (d) Any combative or unruly person who is privileges than is necessary to obtain the objective of likely to cause damage to the facility or ☒ ☐ ☐ protecting the welfare of incarcerated people and facility severely disrupt the good order of the staff. Temporary Holding Facility (15 CCR § 1053). Note: Subsections (b) through (e) do not apply and have been deleted. 1055 USE OF SAFETY CELL The Tehachapi Police Department Temporary Holding does not have a safety The safety cell described in Title 24, Part 2, Section cell. 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. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 9 of 24 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 The Tehachapi Police Department Temporary Holding does not have a The sobering cell described in Title 24, Part 2, Section sobering cell. ☐ ☐ ☒ 1231.2.4, shall be used for temporary holding of incarcerated people who are a threat to their own safety or the safety of others due to their state of intoxication. A person shall be removed from the sobering cell as soon as they are able to continue the admission process or are ☐ ☐ ☒ no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over six hours without an evaluation by medical or custody staff to determine whether the person has an urgent ☐ ☐ ☒ medical problem, pursuant to section 1213 of these regulations. At 12 hours from the time of placement, all persons must ☐ ☐ ☒ receive an evaluation by responsible health care staff. Intermittent direct visual observation of people held in the sobering cell shall be conducted no less than every half ☐ ☐ ☒ hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES 1000.1.3 Non-Detainable Prisoners The facility administrator, in cooperation with the (g) Any person suspected or confirmed to be responsible physician, shall develop written policies and developmentally disabled (15 CCR § 1057). procedures for the identification and evaluation, appropriate classification and housing, protection, and ☒ ☐ ☐ 1000.3.1 Individuals Who Should Not Be in nondiscrimination of all incarcerated persons with Temporary Custody developmental disabilities. (j) Any individual with an obvious developmental disability (15 CCR 1057). 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 0 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The health authority or designee shall contact the 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 The Tehachapi Police Department Temporary Holding does not use a restraint The facility administrator, in cooperation with the chair or WRAP, nor any other devices as responsible physician, shall develop and implement described in this regulation. written policies and procedures for the use of restraint devices. Restraint devices include any devices which immobilize extremities or prevent the incarcerated person ☐ ☐ ☒ from being ambulatory. The provisions of this section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: ☐ ☐ ☒ (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. (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. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 1 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 406.3.2 Restraint of Pregnant Persons The facility administrator, in cooperation with the 1000.1.3 Non-Detainable Prisoners responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant (a) Any person who is sick, injured, or who people. In accordance with Penal Code Section 3407, the ☒ ☐ ☐ has any other medical condition, including policy shall include reference to the following: pregnant females, who may require medical attention, supervision, or medication during confinement. 1000.3.9 Handcuffing of Pregnant Arrestees (1) An incarcerated person known to be pregnant or 1000.3.9 Handcuffing of Pregnant Arrestees 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 and in no event shall persons known to be pregnant or in recovery following delivery be restrained by the use of leg irons, waist chains, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during 1000.3.9 Handcuffing of Pregnant Arrestees delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, No arrestee who is in labor, delivery, or ankles, or both, unless deemed necessary for the recovery after delivery shall be otherwise safety and security of the incarcerated person, the handcuffed or restrained except in ☒ ☐ ☐ staff, or the public. extraordinary 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 § 6030). 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 2 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 1000.5.1 Telephone Call Procedures 1000.5.2 On-Going Telephone Access 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 1000.5.1 Telephone Call Procedures 1000.7.5 Attorney 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. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY ACTIONS 1000.7.15 Prisoner Discipline Wherever discipline is administered, each facility Prisoner discipline will not be administered in administrator shall establish written rules and disciplinary this facility. Any prisoner who repeatedly fails actions to guide the conduct of incarcerated persons. to follow directions or facility rules should be ☐ ☐ ☒ transported to the appropriate jail, mental Notes: If discipline IS NOT administered, written policy health facility or hospital as soon as should indicate as such. If discipline IS administered, practicable. Such conduct should be Sections 1080, 1081, 1082, 1083 and 1084 apply. 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. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 3 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR DISCIPLINE OF INCARCERATED 1000.7.15 Prisoner Discipline PERSONS Prisoner discipline will not be administered in Each facility administrator shall develop written policies this facility. Any prisoner who repeatedly fails and procedures for discipline of incarcerated persons. to follow directions or facility rules should be The plan shall include, but not be limited to, the following transported to the appropriate jail, mental elements: ☐ ☐ ☒ health facility or hospital as soon as (a) Temporary Loss of Privileges: For minor acts of non- practicable. Such conduct should be conformance or minor violations of facility rules, staff may documented and reported to the impose a temporary loss of privileges, such as access to receiving facility (15 CCR § 1081). television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or 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. 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. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 4 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 1000.7.15 Prisoner Discipline The degree of actions taken by the disciplinary officer Prisoner discipline will not be administered in shall be directly related to the severity of the rule this facility. Any prisoner who repeatedly fails infraction and promotion of desired behavior through a to follow directions or facility rules should be progressive disciplinary process. Acceptable forms of transported to the appropriate jail, mental discipline shall consist of, but not be limited to, the health facility or hospital as soon as following: practicable. Such conduct should be (a) Loss of privileges. ☐ ☐ ☒ documented and reported to the (b) Extra work detail. receiving facility (15 CCR § 1081). (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS 1000.7.15 Prisoner Discipline The Penal Code and the State Constitution expressly Prisoner discipline will not be administered in prohibit all cruel and unusual punishment. Disciplinary this facility. Any prisoner who repeatedly fails actions shall not include corporal punishment, group to follow directions or facility rules should be punishment when feasible, or physical or psychological transported to the appropriate jail, mental degradation. ☐ ☐ ☒ health facility or hospital as soon as practicable. Such conduct should be Additionally, there shall be the following limitations: documented and reported to the (a) Disciplinary separation shall be considered an option receiving facility (15 CCR § 1081). of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (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. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 5 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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. 1084 DISCIPLINARY RECORDS 1000.7.15 Prisoner Discipline Penal Code Section 4019.5 requires that a record is kept Prisoner discipline will not be administered in of all disciplinary actions administered therefore. This this facility. Any prisoner who repeatedly fails requirement may be satisfied by retaining copies of rule to follow directions or facility rules should be ☐ ☐ ☒ violation reports and report of the disposition of each. 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 (15 CCR § 1081). 1270 STANDARD BEDDING AND LINEN ISSUE Per the Physical Plant – “Section 1231.3.5 requires 76” for sleeping. The length of the The standard issue of clean suitable bedding and linens, benches in each cell is 66”, therefore, for each incarcerated person entering a living area who inmates cannot be held longer than 12 is expected to remain overnight, shall include, but not be hours, per regulation and the facility policy.” limited to: ☐ ☐ ☒ (a) one serviceable mattress which meets the Per agency practice, arrestees are not requirements of Section 1272 of these regulations; allowed to be held for over six hours. If an emergency arises, the agency has emergency supplies on hand for warmth and food. (b) one mattress cover or one sheet; ☐ ☐ ☒ (d) one blanket or more depending up on climatic ☐ ☐ ☒ conditions. 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. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 6 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☐ ☐ ☒ and (d) above prior to their first night in the facility and every night thereafter. 1280 FACILITY SANITATION, SAFETY, AND 1000.7.12 Facility Sanitation and MAINTENANCE Maintenance The facility administrator shall develop written policies The Shift Supervisor should inspect the and procedures for the maintenance of an acceptable Temporary Holding Facility at the beginning level of cleanliness, repair, and safety throughout the and end of each shift to ensure that the facility. Such a plan shall provide for a regular schedule detention area is clean and maintained to an of housekeeping tasks and inspections to identify and acceptable level of cleanliness. The ☒ ☐ ☐ correct unsanitary or unsafe conditions or work practices Temporary Holding Facility shall be cleaned, which may be found. as necessary, in order to provide a proper custodial and working environment. Any maintenance problems will be reported to the jail supervisor. BSCC staff found the temporary holding facility to be clean and in good condition. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 7 of 24 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? 401 Temporary Custody of Juveniles 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 401.12 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 401.12 Suicide Attempt, Death, or Serious Injury of a Juvenile The facility administrator shall develop written policies ☒ and procedures concerning minors being held in ☐ ☐ 401.3.2 Suicide Prevention of Juveniles in temporary custody which shall address: Custody (a) suicide risk and prevention; (b) use of restraints; ☒ 401.9 Use of Restraint Devices ☐ ☐ (c) emergency medical assistance and services; and ☒ 401.3.1 Emergency Medical Care of ☐ ☐ Juveniles in Custody (d) prohibiting use of discipline. 401.8 Temporary Custody Requirements (r) No discipline may be administered to any ☒ juvenile, nor may juveniles be subjected to ☐ ☐ corporal or unusual punishment, humiliation, or mental abuse (15 CCR 1142). 1143 CARE OF MINORS IN TEMPORARY 401.8 Temporary Custody Requirements CUSTODY ☒ ☐ (a) The following shall be made available to all minors ☐ (e) Juveniles shall have reasonable access held in temporary custody: to toilets and wash basins (15 CCR 1143). (1) access to toilets and washing facilities; 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 8 of 24 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 (g) Food shall be provided if a juvenile has the minor has not eaten within the past four (4) not eaten within the past four hours or is hours or is otherwise in need of appropriate ☒ otherwise in need of nourishment, including ☐ ☐ nourishment; any special diet required for the health of the juvenile (15 CCR 1143). (3) access to drinking water; (h) Juveniles shall have reasonable access ☒ to a drinking fountain or water (15 CCR ☐ ☐ 1143). (4) access to language services; ☒ ☐ (p) Juveniles shall have access to language ☐ services (15 CCR 1143). (5) access to disabilities services; ☒ ☐ (q) Juveniles shall have access to disability ☐ services (15 CCR 1143). (6) sanitary napkins, panty liners, and tampons as (f) Juveniles shall be provided sanitary requested; ☒ ☐ napkins, panty liners, and tampons as ☐ requested (15 CCR 1143). (7) privacy during consultation with family, guardian, (j) Juveniles shall have privacy during and/or lawyer; ☒ family, guardian, and/or lawyer visits (15 ☐ ☐ CCR 1143). (8) blankets and clothing, as necessary, to assure (l) Blankets shall be provided as reasonably the comfort of the minor; and ☒ necessary (15 CCR 1143). ☐ ☐ 1. The supervisor should ensure that there is an adequate supply of clean blankets. (9) personal clothing unless the clothing is (k) Juveniles shall be permitted to remain in inadequate, presents a health or safety problem, or their personal clothing unless the clothing is is required to be utilized as evidence of an offense. ☒ taken as evidence or is otherwise unsuitable ☐ ☐ or inadequate for continued wear while in custody (15 CCR 1143). (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 401.7 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 401.7 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. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 1 9 of 24 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 401.11 Secure Custody A minor who is taken into temporary custody by a peace BSCC staff reviewed secure detention logs officer on the basis that they are a person described by of minors from January 2022 through April Section 602 of the Welfare and Institutions Code may 2024 and determined the agency's be held in secure custody in a law enforcement facility complaint with this regulation. 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 401.11 Secure Custody a serious security risk of harm to self or others, the ☒ 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 ☒ 401.11 Secure Custody taken into custody; ☐ ☐ (c) minor's behavior, including the degree to which the ☒ 401.11 Secure Custody minor appears to be cooperative or non-cooperative; ☐ ☐ (d) the availability of staff to provide adequate ☒ 401.11 Secure Custody supervision or protection of the minor; and ☐ ☐ (e) the age, type, and number of other individuals who ☒ 401.11 Secure Custody are detained in the facility. ☐ ☐ 1146 CONDITIONS OF SECURE CUSTODY 401.11.1 While in secure custody, minors may be locked in a Secure custody - When a juvenile offender room or other secure enclosure, secured to a cuffing rail, ☒ is held in a locked room, a set of rooms, or a ☐ ☐ or otherwise reasonably restrained as necessary to cell. Secure custody also includes being prevent escape and protect the minor and others from physically secured to a stationary object (15 harm. CCR 1146). 1147 SUPERVISION OF MINORS IN SECURE 401.11.1 Locked Enclosures CUSTODY INSIDE A LOCKED ENCLOSURE (b) Juveniles shall have constant auditory (a) Minors shall receive adequate supervision which, at ☒ access to Department members (15 CCR ☐ ☐ a minimum, includes: 1147). (1) constant auditory access to staff by the minor; and 1123 Kern Tehachapi PD THJ PRO 23-24 Page 2 0 of 24 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 401.11.1 Locked Enclosures 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 appearing to be 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 401.11.1 Locked Enclosures 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 1147). 1148 SUPERVISION OF MINORS IN SECURE 401.11 Secure Custody CUSTODY OUTSIDE OF A LOCKED ENCLOSURE Juveniles shall not be secured to a ☒ stationary object for more than 60 minutes. 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 An employee must be present at all times to direct visual observation to assure the minor's safety ☒ ensure the juvenile’s safety while secured to ☐ ☐ while secured to a stationary object. a stationary object (15 CCR 1148). Securing minors to a stationary object for longer than 60 The decision for securing a minor to a minutes, and every 30 minutes thereafter, shall be stationary object for longer than 60 minutes approved by a supervisor. ☒ and every 30 minutes thereafter shall be ☐ ☐ based upon the best interests of the juvenile offender (15 CCR 1148). The decision for securing a minor to a stationary object The decision for securing a minor to a for longer than 60 minutes, and every 30 minutes stationary object for longer than 60 minutes thereafter shall be based upon the best interests of the ☒ ☐ and every 30 minutes thereafter shall be ☐ minor and shall be documented. based upon the best interests of the juvenile offender (15 CCR 1148). 1149 CRITERIA FOR NON-SECURE CUSTODY 401.4.3 Custody of Juvenile Offenders Minors held in temporary custody, who do not meet the Juvenile offenders should be held in non- criteria for secure custody as specified in Section secure custody while at the Tehachapi 207.1(b) of the Welfare and Institutions Code, may be Police Department unless another form of held in non- secure custody to investigate the case, ☒ custody is authorized by this policy or is facilitate release of the minor to a parent or guardian, or ☐ ☐ necessary due to exigent circumstances. arrange for transfer of the minor to an appropriate juvenile facility. While minors are held in temporary non- BSCC staff reviewed non-secure detention secure custody the provisions of Section 1143 apply. logs of minors for January 2022 through April 2024 and determined the agency's complaint with this regulation. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 2 1 of 24 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 1150 SUPERVISION OF MINORS IN NON- 401.4.5 Monitoring of Juveniles 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 401.3 Juveniles Who Should Not Be Held INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY (d) Significantly intoxicated except when approved by the Shift Supervisor. A medical Facility administrators shall develop policies and ☒ clearance shall be obtained for minors who procedures providing that a medical clearance shall be ☐ ☐ are under the influence of drugs, alcohol, or obtained for minors who are under the influence of any other intoxicating substance to the drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for extent that they are unable to care for themselves, prior themselves (15 CCR 1151). to secure or non-secure custody of that minor. Supervision of minors in secure custody in a locked 401.11.1 Locked Enclosures room shall include safety checks at least once every 15 minutes until resolution of the intoxicated state or (d) Unscheduled safety checks to provide release. These safety checks shall be documented, with for the health and welfare of the juvenile by actual time of occurrence recorded. 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 appearing to be sleeping juveniles should be awakened). 3. Requests or concerns of the juvenile should be logged. Supervision of minors in secure custody outside of a 401.3 Juveniles Who Should Not Be Held locked room shall be supervised in accordance with ☒ ☐ ☐ Section 1148. Supervision of minors in nonsecure custody shall be 401.3 Juveniles Who Should Not Be Held ☒ ☐ ☐ supervised in accordance with Section 1150. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 2 2 of 24 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: 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: 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: 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: 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: 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: 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: Minors have been detained in non-secure custody in the law enforcement facility for longer than six hours. 1123 Kern Tehachapi PD THJ PRO 23-24 Page 2 3 of 24 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 1123 FACILITY: Tehachapi Police Department TYPE: THJ RC: 0 FIELD REPRESENTATIVE: James Peak DATE: 05-15-2024 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 1-3 Holding 2010 3 0 (3) (9) 88” x 66” x 98” Notes: There is a 66” bench in each holding cell, which can hold up to 3 inmates. Toilet and sink located adjacent to cells. *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. 1123 Kern Tehachapi PD THJ LASE 23-24 1 A360 LAS Adult-05.dot (8/05) The ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 2010 BSCC Code: 1123 FACILITY NAME: Tehachapi Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That 6/94: 2/99: 2001: 2005: OTHER: Apply): 2010 FIELD REPRESENTATIVE: James Peak DATE: 05-15-2024 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) A weapons locker is mounted in sally port. Contains a weapons locker, designed as outlined in X these regulations. Contains a cell or room for confinement pending X booking Contains a detoxification cell (WA in TH; NA in CH) There is no sobering cell at this facility. 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X There is no safety cell at this facility. Shower room available There is a shower located outside of the 2-99: Access to shower must be within the secure X holding cell/booking area. area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running The sink and shower are outside of the water X holding cell/booking area. Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates The holding cells are limited to three X arrestees each, limited by bench space requirement of 18” per inmate. Is not smaller than 40 square feet and has a clear There are three holding cells, one of which ceiling height of 8 feet or more X has an observation window and has not been used for inmate confinement. Contains sufficient seating to accommodate all Holding cells can hold three inmates. X inmates Contains water closet (toilet), washbasin, and drinking There is no toilet, wash basin and drinking X fountain fountain in any of the cells. Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or Section 1231.3.5 requires 76” for sleeping. more The bench in each cell is 66”, therefore, X inmates cannot be held longer than 12 hours, per regulation and the facility policy. 1123 Kern Tehachapi PD THJ PHY 23-24 - 1 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Temporary Staging Cell or Room (2.3) There is no staging cell at this facility. Holds inmates classified and segregated per Title 15 § 1050 and 1053 X Detoxification/Sobering Cell (2.4) There is no sobering cell at this facility. 01: Name change to “sobering cell” Contains 20 square feet of floor area per inmate X Safety Cell (2.5) There is no safety cell at this facility Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more X Safety Equipment Storage (2.19) Safety equipment is stored in adjacent sally Adequate space is provided to store equipment such port. X as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Lockable, containing a mop sink and storage space X 01: Mop sink may be separate from janitors’ closet Audio or Visual Monitoring (2.22) The cells and booking area have an audio There is an audio monitoring system capable of monitoring system. alerting staff in a central control. When visual electronic surveillance is use, it is located primarily in X corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and X maintaining fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) There is one interview room located inside a Available and provides for confidentiality X secured perimeter. Water Closets (Toilets)/Urinals (3.1) There is a toilet inside the perimeter, but not Provide for inmate privacy/modesty with staff being in any cell. Inmates using the toilet are able to visual supervise; provided at a ratio of 1:16 in behind a metal door with no availability for X holding and staging cells. See regulation for staff supervision. calculations of urinal substitutions. 1123 Kern Tehachapi PD THJ PHY 23-24 - 2 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Washbasins (3.2) There is no water available in the holding Provide hot and cold or tempered water; provided at a cells, only in the bathroom adjacent to cells. ratio of 1:16 in holding and staging cells. See X regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) There is no fountain in the cells, only in the 2-99: Available in each temporary holding, staging and bathroom adjacent to cells. sobering cell. X Water outlet (bubbler) is mechanically actuated and at The drinking fountain is in the bathroom, an angle that prevents wastewater from flowing over outside the cells. the outlet (bubbler); there is a mouth guard on the water outlet (bubbler). 2-99: Mouth guard requirement deleted X Showers (3.4) (NA in CH) A shower is available in the secure area Available in the security area; provide hot and cold or adjacent to the cells. tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. X 1123 Kern Tehachapi PD THJ PHY 23-24 - 3 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Beds/Bunks (3.5) By policy, agency limits holding inmates no (NA in CH; applicable in TH if inmates are held longer longer than 12 hours, as there is no bed for than 12 hours) the purposes of sleeping in any cell. At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type X or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) There is an observation window in the Windows that are accessible to inmates are no greater juvenile cell which is 2” x 3”. The window X than 5 inches in on dimension. opens to the squad room wherein an exterior door is located. Cell Padding (3.8) The floors and partition are padded in detoxification- sobering cells. In safety cells, floors, doors, walls and everything on them are padded. All padded cells are X equipped with a tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; firmly bonded to all surfaces; X and, without exposed seams. Seating (3.10) Bench seating is a poured concrete block. Seating is designed to the level of security. When Seating capacity limits cell occupancy to bench seating is used, eighteen inches of bench are three inmates per cell. provided per inmate. X 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) A weapons locker is in the sally port. A secure weapons locker is located outside the security perimeter of the facility and no weapons are X brought into the security area. Lockers have individual compartments, locks and keys. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note: areas of non-compliance that X are applicable to the facility type and construction date in the "comments" section.) 1123 Kern Tehachapi PD THJ PHY 23-24 - 4 - A382 PHY CH-TH 94 99 01 05.dot (8/05)