Madera Chowchilla PD Inspection Rpt 20-22 TH (2020-2022 inspection cycle)

March 23, 2023 David Riviere, Chief of Police Chowchilla Police Department 122 Trinity Avenue Chowchilla, CA 93610 2020-2022 BIENNIAL INSPECTION OF CHOWCHILLA POLICE DEPARTMENT, CHOWCHILLA POLICE JAIL FACILITY, PENAL CODE 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Riviere: On October 14, 2022, staff of the Board of State and Community Corrections (BSCC) completed the 2020-2022 onsite biennial inspection of the Chowchilla Police Department’s Temporary Holding Facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuit to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards for the facility; the Physical Plant Evaluation outlining Title 24 requirements for design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection 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). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facility. Each of the local inspections were current and the agency was provided with permits to operate. David Riviere Chief of Police Page 2 Local Inspection Dates Fire and Life Safety 11/2/22 Environmental Health 12/31/22 BSCC INSPECTION The inspection consisted of a review of the Chowchilla Police Department’s Policy Manual that applies to the operations for detention of adults, a site visit to review operations, physical plant and relevant documentation, and interviews with administration and facility staff. There were no inmates or youth in custody at the time of the inspection, no interviews were conducted with inmates or youth. There were no staff present other than the jail manager, no interviews were conducted with staff other than the jail manager. Title 15, CCR Evaluation Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant since the last BSCC biennial inspection; however, we discussed the use of the small holding cell. This cell has been noted on the agency’s Living Area Space Evaluation as being added in 2001 but has not been in regular use in the recent past. The cell may be used under the following circumstances: 1. Prisoners cannot be held longer than 12 hours as holding cell does not contain a bed and the cell should only be used during daytime hours as a result, 2. The cell should not be used unless direct supervision is possible due to the mesh bench and door which present ligature issues. If a prisoner is in the cell, officers should not leave the prisoner unattended for any reason. If the cell cannot be used under these circumstances, the cell should not be used. We found no areas of noncompliance this cycle. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring There were several areas of concern found regarding the documentation and reporting of your Minors in Detention Program. We found officers are not completing logs as youth are brought into the station and your reporters are unable to accurately report correct statistical data 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager, and other persons deemed appropriate. 2995 Madera Chowchilla PD TH LTR 20-22 David Riviere Chief of Police Page 3 regarding your contacts and detentions. Of the 24 youths held, only 7 had logs completed, and the logs were not completed correctly. Training was provided to address this issue and to enable your staff to correct the issues moving forward. If your staff have additional questions, they are encouraged to contact any of the Compliance Monitoring team for assistance. --- This concludes the 2020-2022 biennial inspection cycle report of the Chowchilla Police Department Temporary Holding Facility. We would like to express our gratitude to Sergeant Barnett and we look forward to working together in the future and providing technical assistance in the future as requested. If you should have any questions, please contact me at (916) 322-1638 or email at lisa.southwell@bscc.ca.gov. Sincerely, Lisa Southwell Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Chowchilla * City Council Chair, City of Chowchilla * Grand Jury Foreperson, County of Madera * Presiding Judge, County of Madera * * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 2995 Madera Chowchilla PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 2995 FACILITY NAME: FACILITY TYPE: Chowchilla Police Department (CPD) Temporary Holding Facility PERSON(S) INTERVIEWED: David Burnett, Sergeant, Stacy Burns, Sergeant; Casadi Denny, Dispatch and Records Administrative Supervisor FIELD REPRESENTATIVE: DATE: Lisa Southwell October 14, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Chowchilla Police Department Policy HOLDING FACILITY TRAINING Manual Section 900.11: Training Custodial personnel who supervise inmates in, and Proof of training was provided for all supervisors of, a Court Holding or Temporary Holding agency staff, sworn and non-sworn. Some facility shall complete 8 hours of specialized training. dates were duplicative. A memo was Such training shall include, but not be limited to: requested and received clarifying these (a) applicable minimum jail standards; errors. (b) jail operations liability; (c) inmate segregation; ☒ ☐ ☐ (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, Chowchilla Police Department Policy but in any event not more than six months after the Manual Section 900.11: Training date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training ☒ ☐ ☐ All training has been completed. or supplemental Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed Chowchilla Police Department Policy once every two years. Successful completion of the Manual Section 900.11: Training requirements in Section 1025, Continuing ☒ ☐ ☐ Professional Training may be substituted for the All training has been completed. eight-hour refresher. 1027 NUMBER OF PERSONNEL Chowchilla Police Department Policy Manual Section 900.3.3: Staffing Plan A sufficient number of personnel shall be employed in each local detention facility to ensure the Administrative staff provided their staffing ☒ ☐ ☐ implementation and operation of the programs and plan/schedule for our review. The agency is activities required by these regulations. currently fully staffed according to the sworn staffing plan. 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. 2995 Madera Chowchilla PD TH PRO 20-22 - 1 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall Chowchilla Police Department Policy be at least one employee on duty at all times in a Manual Section 900.3.2: Supervision in local detention facility or in the building which houses Temporary Custody a local detention facility who shall be immediately available and accessible to inmates in the event of an In most cases, officers are responsible for emergency. the supervision of prisoners; however, if an officer is called away from the station for a call, the prisoner may be placed in the cell ☒ ☐ ☐ and trained dispatchers or other staff assume responsibility in their absence. Prisoners are visually monitored by dispatchers through the view window. Additional supervision is provided through cameras that have audio capabilities. Such an employee shall not have any other duties Chowchilla Police Department Policy which would conflict with the supervision and care of Manual Section 900.3.2: Supervision in inmates in the event of an emergency. Temporary Custody The agency’s manual states the member responsible “should not have duties that could unreasonably conflict with his/her supervision.” This language is inconsistent with the language of the regulation. The regulation language is specific to ensure adequate supervision for the safety and security of the prisoners in the event of an ☒ ☐ ☐ emergency. Technical assistance has been provided regarding regulatory expectations and this has been discussed with the agency. There were no emergencies this cycle. If an emergency were to occur when persons tasked with the supervision of a prisoner have any other duty(ies) that conflict with their supervision, during those times, the agency would be noncompliant. Whenever one or more female inmates are in Chowchilla Police Department Policy custody, there shall be at least one female employee Manual Section 900.3.2: Supervision in who shall be immediately available and accessible to Temporary Custody such females. Note: Reference PC§ 4021. Dispatchers and other civilian staff assist with female prisoners as necessary. All ☒ ☐ ☐ staff in the agency are trained to do so. The documentation reviewed noted that of the 6, one did not. This was addressed with the agency and was noted this should have been a direct book and will be in the future. To determine if there is a sufficient number of Chowchilla Police Department Policy personnel for a specific facility, the facility Manual Section 900.3.3: Staffing Plan administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and Staffing plan/schedule provided and their duties. Such a staffing plan shall be reviewed by ☒ ☐ ☐ reviewed. the Board staff at the time of their biennial inspection. Arresting officers become booking/ The results of such a review and recommendations supervision officers. shall be reported to the local jurisdiction having fiscal responsibility for the facility. 2995 Madera Chowchilla PD TH PRO 20-22 - 2 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027.5 SAFETY CHECKS Chowchilla Police Department Policy Manual Section 900.8: Holding Cells Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There A review of randomly selected safety shall be no more than a 60-minute lapse between checks noted the checks were completed in ☒ ☐ ☐ safety checks. compliance with both regulation and agency policy. Agency policy requires safety checks to be completed within 30 minutes. There is a written plan that includes the Chowchilla Police Department Policy documentation of routine safety checks. Manual Section 900.8: Holding Cells ☒ ☐ ☐ 1028 FIRE AND LIFE SAFETY STAFF Chowchilla Police Department Policy Manual Section 900.3.3: Staffing Plan Whenever there is an inmate in custody, there shall be at least one person on duty at all times who meets ☒ ☐ ☐ the training standards 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 Chowchilla Police Department Policy one person on duty who is trained in fire and life Manual Section 900.3.3: Staffing Plan safety procedures that relate specifically to the facility. ☒ ☐ ☐ All staff has been trained. 1029 POLICY AND PROCEDURES MANUAL 2 Chowchilla Police Department (CPD) provided their policy and procedure manual, dated September 2022, for review. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all 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. ☒ ☐ ☐ 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 facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of Chowchilla Police Department Policy communications. Manual Section 200: Organizational ☒ ☐ ☐ Structure and Responsibility and 200.3: Command Protocol (2) Inspections and operations reviews by the Chowchilla Police Department Policy facility administrator/manager. Manual Section 900.12(m): Assigned ☒ ☐ ☐ Administrator (3) Policy on the use of force. Chowchilla Police Department Policy ☒ ☐ ☐ Manual Section 300: Use of Force 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 2995 Madera Chowchilla PD TH PRO 20-22 - 3 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) Policy on the use of restraint equipment, See Section 1058: Restraints and 1058.5: including the restraint of pregnant inmates as Restraints and Pregnant Persons ☒ ☐ ☐ referenced in Penal Code Section 3407. (5) Procedure and criteria for screening newly Chowchilla Police Department Policy received inmates for release per Penal Code Manual Section 412.3: Release by Citation sections 849(b)(2) and 853.6, and any other such and Section 804.5: Arrest Without Filing of ☒ ☐ ☐ processes as the facility administrator is Accusatory Pleading empowered to use. (6) Security and control including: ☐ ☐ ☒ (A) physical counts of inmates, Chowchilla Police Department Policy Manual Section 900.5.1: Temporary Custody Logs ☒ ☐ ☐ The logs keep an accurate count of persons in custody. (B) searches of the facility and inmates, Chowchilla Police Department Policy Manual Sections 900.8: Holding Cells and ☒ ☐ ☐ 901.4: Searches at Police Facilities (C) contraband control, and, Chowchilla Police Department Policy Manual Sections 900.8: Holding Cells and ☒ ☐ ☐ 901.4: Searches at Police Facilities (D) key control. Chowchilla Police Department Policy Manual Sections 900.12(b): Assigned ☒ ☐ ☐ Administrator Supplemental Policy Each facility administrator shall, at least annually, Chowchilla Police Department Policy review, evaluate, and make a record of security Manual Section 900.12: Assigned measures. The review and evaluation shall include Administrator internal and external security measures of the facility ☒ ☐ ☐ including security measures specific to prevention of Security reviews were completed on sexual abuse and sexual harassment. 08/15/2021 and 09/25/2022. (7) Emergency procedures include: See Section 1032 (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; (B) escape, disturbances, and the taking of Chowchilla Police Department Policy hostages; Manual Section 900.12(e) and (j): Assigned Administrator ☒ ☐ ☐ Jail staff will notify the agency Watch Commander (WC) in the event of any of these situations. (C) mass arrests; Chowchilla Police Department Policy Manual Section 900.12(n) Assigned Administrator ☒ ☐ ☐ When the number of prisoners exceeds the capacity of the jail, prisoners would be transported to the county jail. (D) natural disasters; Chowchilla Police Department Policy Manual Section 900.12(h): Assigned Administrator and Section 903: Jail and Fire Disaster Response ☒ ☐ ☐ In the event of a natural disaster, prisoners will be transported to the County Jail. 2995 Madera Chowchilla PD TH PRO 20-22 - 4 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (E) periodic testing of emergency equipment; Chowchilla Police Department Policy and, Manual Section 900.12(k): Assigned Administrator ☒ ☐ ☐ Testing of emergency equipment is completed monthly by the facility supervisors as part of their facility inspection. (F) storage, issue, and use of weapons, Chowchilla Police Department Policy ammunition, chemical agents, and related Manual Section 900.5.7: Firearms and ☒ ☐ ☐ security devices. Other Security Measures (8) Suicide Prevention. See Section 1030 ☒ ☐ ☐ (9) Segregation of Inmates. Chowchilla Police Department Policy Manual Section 900.4.1: Screening and ☒ ☐ ☐ Placement (10) Zero tolerance in the prevention of sexual Chowchilla Police Department Policy abuse and sexual harassment. ☒ ☐ ☐ Manual Section 902.2: PREA Policy (11) Policy and procedure to detect, prevent, and Chowchilla Police Department Policy respond to retaliation against any staff or inmate Manual Section 902.6: Retaliation ☒ ☐ ☐ after reporting any abuse. Prohibited (e) The manual for Temporary Holding, Court Chowchilla Police Department Policy Holding, Type I, II, III, and IV facilities shall provide Manual Section 902.4: Reporting Sexual for, but not be limited to, the following: Abuse, Harassment, and Retaliation (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, Prisoners may report verbally, in writing, retaliation by other inmates or staff for reporting privately, or anonymously. sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may ☒ ☐ ☐ have contributed to such incidents. (2) a method for uninvolved inmates, family, Chowchilla Police Department Policy community members, and other interested third- Manual Section 902.4: Reporting Sexual parties to report sexual abuse or sexual Abuse, Harassment, and Retaliation harassment. The method for reporting shall be ☒ ☐ ☐ publicly posted at the facility. Signs are posted in the booking area and in the lobby. 1030 SUICIDE PREVENTION PROGRAM Chowchilla Police Department Policy Manual Section 900.3.1: Individuals Who Should Not Be in Temporary Custody: The facility shall have a comprehensive written Section 900.4: Initiating Temporary suicide prevention program developed by the facility administrator, in conjunction with the health authority ☒ ☐ ☐ Custody and Section 900.11: Training and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have Chowchilla Police Department Policy direct contact with inmates. ☒ ☐ ☐ Manual Section 900.11: Training 2995 Madera Chowchilla PD TH PRO 20-22 - 5 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Intake screening for suicide risk immediately upon Chowchilla Police Department Policy intake and prior to housing assignment. Manual Section 900.4: Initiating Temporary Custody All prisoners are screened prior to entry ☒ ☐ ☐ into the THF. If they exhibit any signs or report being suicidal, they are taken directly to the hospital. Documentation was consistent with this. (c) Provisions facilitating communication among Chowchilla Police Department Policy arresting/transporting officers, facility staff, medical Manual Section 900.4: Initiating Temporary and mental health personnel in relation to suicide risk. Custody and 900.4.1: Screening and Placement ☒ ☐ ☐ Per the jail administrator, arresting officers communicate with each other when a prisoner is in the facility or if there is a transfer of supervision from one officer to another. (d) Housing recommendations for inmates at risk of Chowchilla Police Department Policy suicide. Manual Section 900.4: Initiating Temporary Custody ☒ ☐ ☐ Appropriate housing is determined by the WC. (e) Supervision depending on level of suicide risk. Chowchilla Police Department Policy Manual Section 900.4: Initiating Temporary Custody and Section 900.3.1: Individuals Who Should Not Be in Temporary Custody ☒ ☐ ☐ If a prisoner is found to be at-risk once in the facility, an officer would provide continuous supervision until they are removed and transported to the appropriate facility. (f) Suicide attempt and suicide intervention policies Chowchilla Police Department Policy and procedures. Manual Section 900.8: Holding Cells ☒ ☐ ☐ (g) Provisions for reporting suicides and suicides Chowchilla Police Department Policy attempts. Manual Section 900.9: Suicide Attempt, ☒ ☐ ☐ Death, or Serious Injury (h) Multi-disciplinary administrative review of suicides Chowchilla Police Department Policy and attempted suicides as defined by the facility Manual Section 900.9: Suicide Attempt, ☒ ☐ ☐ administrator. Death, or Serious Injury 1032 FIRE SUPPRESSION PREPLANNING Chowchilla Police Department Policy Manual Section 900.12(g): Assigned Administrator 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: 2995 Madera Chowchilla PD TH PRO 20-22 - 6 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) a fire suppression pre-plan developed with the local Chowchilla Police Department Policy fire department to be included as part of the policy and Manual Section 900.12(g): Assigned procedures manual (Title 15, California Code of Administrator ☒ ☐ ☐ Regulations Section 1029); (b) regular fire prevention inspections by facility staff on Chowchilla Police Department Policy a monthly basis with two-year retention of the Manual Section 900.12(g): Assigned inspection record; Administrator ☒ ☐ ☐ Completed (c) fire prevention inspections as required by Health Chowchilla Police Department Policy and Safety Code Section 13146.1(a) and (b) which Manual Section 900.12(g): Assigned requires inspections at least once every two years; Administrator Fire Inspection report provided, dated October 13, 2021, by the City of Chowchilla ☒ ☐ ☐ Fire Department. Certificate of Inspection granted. A re-inspection was completed on October 10, 2022, however, the agency is waiting for the documentation to be provided by the inspector. (d) an evacuation plan; and, Chowchilla Police Department Policy Manual Section 900.12(g): Assigned Administrator ☒ ☐ ☐ The facility had evacuation routes posted. (e) a plan for the emergency housing of inmates in the Chowchilla Police Department Policy case of fire. Manual Section 900.12(g): Assigned Administrator ☒ ☐ ☐ Prisoners would be transported to the County Jail in the event the facility was uninhabitable. 1044 INCIDENT REPORTS Chowchilla Police Department Policy Manual Section 900.5.8: Reporting Physical Harm or Serious Threat of Each facility administrator shall develop written Physical Harm policies and procedures for the maintenance of written records and reporting of all incidents which result in physical harm, or serious threat of physical ☒ ☐ ☐ All incident reports would be written as a harm, to an employee or inmate of a detention facility supplemental report to the originating crime or other person. report and maintained with those records. No incident reports were provided to review this cycle as none were written. Such records shall include the names of the persons Chowchilla Police Department Policy involved, a description of the incident, the actions Manual Section 900.5.8: Reporting taken, and the date and time of the occurrence. ☒ ☐ ☐ Physical Harm or Serious Threat of Physical Harm Such a written record shall be prepared by the staff Chowchilla Police Department Policy assigned to investigate the incident and submitted to Manual Section 900.5.8: Reporting the facility manager or his/her designee. ☒ ☐ ☐ Physical Harm or Serious Threat of Physical Harm 2995 Madera Chowchilla PD TH PRO 20-22 - 7 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY Chowchilla Police Department Policy Manual Section 900.9: Suicide Attempt, Death, or Serious Injury (c) 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 shall include the facility administrator and/or the facility manager, 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 Chowchilla Police Department Policy appropriateness of clinical care; whether changes to Manual Section 900.9: Suicide Attempt, policies, procedures, or practices are warranted; and to Death, or Serious Injury ☒ ☐ ☐ identify issues that require further study. (b) Death of a Minor Chowchilla Police Department Policy In any case in which a minor dies while detained in a Manual Section 315.12: Suicide Attempt, ☒ ☐ ☐ jail, lockup, or court holding facility: Death, or Serious Injury of a Juvenile (1) The administrator of the facility shall provide to Chowchilla Police Department Policy the Board a copy of the report submitted to the Manual Section 315.12: Suicide Attempt, Attorney General under Government Code Section Death, or Serious Injury of a Juvenile ☒ ☐ ☐ 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 Chowchilla Police Department Policy from the administrator, the Board may within 30 Manual Section 315.12: Suicide Attempt, calendar days inspect and evaluate the jail, lockup, Death, or Serious Injury of a Juvenile 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. 1050 CLASSIFICATION PLAN Chowchilla Police Department Policy Manual Section 900.4.1: Screening and Placement Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates The facility utilizes a log that has to housing units and activities according to the classification criteria included. The log was categories of sex, age, criminal sophistication, complete for each prisoner. 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 inmates 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 inmate’s classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) 2995 Madera Chowchilla PD TH PRO 20-22 - 8 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS In deciding whether to assign an inmate to a housing Chowchilla Police Department Policy area for male or female inmates, and in making other Manual Section 900.4.1: Screening and housing and programming assignments, the agency Placement shall consider on a case-by-case basis whether a placement would ensure the inmate's health and ☒ ☐ ☐ safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES Chowchilla Police Department Policy Manual Section 900.4.1(e): Screening and Placement The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures specifying those symptoms that ☒ ☐ ☐ The policy provides information as to require segregation of an inmate until a medical observable symptoms of communicable evaluation is completed. diseases. At the time of intake into the facility, an inquiry shall Chowchilla Police Department Policy be made of the person being booked as to whether or Manual Section 900.4: Initiating Temporary not he/she has or has had any communicable Custody diseases, such as tuberculosis or has observable symptoms of tuberculosis or any other communicable Reviewed random medical screening forms ☒ ☐ ☐ diseases, or other special medical problem identified to ensure compliance with regulatory by the health authority. The response shall be noted expectations. All were completed at entry on the booking form and/or screening device. and were appropriately addressed. 1052 MENTALLY DISORDERED INMATES Chowchilla Police Department Policy Manual Section 900.3.3: Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures to identify and evaluate all mentally ☒ ☐ ☐ Mentally ill persons are not brought to the disordered inmates, and may include telehealth. Chowchilla PD THF. They are transported directly to the County Jail, a hospital, or a mental health facility. If an evaluation from medical or mental health staff is Chowchilla Police Department Policy not readily available, an inmate shall be considered Manual Section 900.3.3: Individuals Who mentally disordered for the purpose of this section if Should Not Be in Temporary Custody he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. If a prisoner is found to be mentally ill, they ☒ ☐ ☐ are transported immediately to the An evaluation from medical or mental health staff appropriate facility. shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary, to protect the Chowchilla Police Department Policy safety of the inmate or others. Manual Section 900.4.1 Screening and ☒ ☐ ☐ Placement 2995 Madera Chowchilla PD TH PRO 20-22 - 9 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION Chowchilla Police Department Policy Manual Section 900.4.1 Screening and Placement Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates There has been no administrative who are determined to be prone to: promote activity segregation at the Chowchilla PD. If a or behavior that is criminal in nature or disruptive to person requires to be administratively facility operations; demonstrate influence over other segregated, they are transported to the inmates, including influence to promote or direct County Jail. action or behavior that is criminal in nature or ☒ ☐ ☐ disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate Chowchilla Police Department Policy and secure housing but shall not involve any other Manual Section 900.4.1 Screening and deprivation of privileges than is necessary to obtain ☒ ☐ ☐ Placement the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL There is no Safety Cell at the Chowchilla Police Department. The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those inmates ☐ ☐ ☒ 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 inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as a substitute for treatment. ☐ ☐ ☒ An inmate 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. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell ☐ ☐ ☒ or at the next daily sick call, whichever is earliest. The inmate shall be medically cleared for continued retention every 24 hours thereafter. ☐ ☐ ☒ 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 within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be ☐ ☐ ☒ documented. Procedures shall be established to assure administration of necessary nutrition and fluids. ☐ ☐ ☒ 2995 Madera Chowchilla PD TH PRO 20-22 - 10 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Inmates 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 inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL There is no Sobering Cell at the Chowchilla Police Department. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a threat to their own safety or the ☐ ☐ ☒ safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical procedures in accordance ☐ ☐ ☒ with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. Such observation shall be ☐ ☐ ☒ documented. 1057 DEVELOPMENTALLY DISABLED INMATES Chowchilla Police Department Policy Manual Section 900.3.2: Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the identification and evaluation, ☒ ☐ ☐ Prisoners who are identified as appropriate classification and housing, protection, and developmentally disabled are transported nondiscrimination of all developmentally disabled to jail, a hospital, or another facility. inmates. The health authority or designee shall contact the Does not apply. regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of ☐ ☐ ☒ diagnosis and/or treatment within 24 hours of such determination, excluding holidays and weekends. 2995 Madera Chowchilla PD TH PRO 20-22 - 11 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES Chowchilla Police Department Policy Manual Section 900.6: Use of Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices and Section 900.3.1: Individuals Who Should may delegate authority to place an inmate in Not Be in Temporary Custody restraints to a responsible health care staff. Per the facility administrator, the use of ☒ ☐ ☐ restraints pursuant to this section is not used. If the person presents a heightened risk in the facility, restraints may be applied, and the person is transported. (Handcuffs and leg irons) The remainder of this section is marked as Not Applicable (N/A). In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the following areas: ☐ ☐ ☒ acceptable restraint devices; signs or symptoms which should result in immediate medical/mental health referral; ☐ ☐ ☒ availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a substitute for treatment. ☐ ☐ ☒ Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ambulatory. ☐ ☐ ☒ Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, responsible health care staff; continued ☐ ☐ ☒ retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be secured within one hour from the time of ☐ ☐ ☒ placement. A medical assessment shall be completed within four hours of placement. ☐ ☐ ☒ If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after ☐ ☐ ☒ eight hours, the inmate shall be taken to a medical facility for further evaluation. 2995 Madera Chowchilla PD TH PRO 20-22 - 12 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly employed, and to ensure the safety and ☐ ☐ ☒ well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which makes provisions to protect the inmate ☐ ☐ ☒ from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when ☐ ☐ ☒ used to restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES Chowchilla Police Department Policy Manual Section 900.6.1 Pregnant Adults The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on ☒ ☐ ☐ pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in Chowchilla Police Department Policy recovery after delivery shall not be restrained by Manual Section 900.6.1 Pregnant Adults the use of leg irons, waist chains, or handcuffs ☒ ☐ ☐ behind the body. (2) A pregnant inmate in labor, during delivery, or Chowchilla Police Department Policy in recovery after delivery, shall not be restrained Manual Section 900.6.1 Pregnant Adults by the wrists, ankles, or both, unless deemed ☒ ☐ ☐ necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a Chowchilla Police Department Policy professional who is currently responsible for the Manual Section 900.6.1 Pregnant Adults medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery ☒ ☐ ☐ after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, Chowchilla Police Department Policy she shall be advised, orally or in writing, of the Manual Section 900.6.1 Pregnant Adults standards and policies governing pregnant ☒ ☐ ☐ inmates. 1067 ACCESS TO TELEPHONE Chowchilla Police Department Policy Manual Section 900.5.5: Telephone Calls The facility administrator shall develop written policies and procedures which allow reasonable access to a ☒ ☐ ☐ Individuals have the right to make three telephone beyond those telephone calls which are calls and can also request to make required by Section 851.5 of the Penal Code. additional calls as requested. 1068 ACCESS TO COURTS AND COUNSEL Chowchilla Police Department Policy Manual Section 900.5.9: Attorneys and Bail Bondsmen The facility administrator shall develop written policies and procedures to ensure inmates have access to the ☒ ☐ ☐ court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of Prisoners are not in the THF long enough these regulations, and, to request mail. If they ask, staff will let ☒ ☐ ☐ them write letters. 2995 Madera Chowchilla PD TH PRO 20-22 - 13 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) confidential consultation with attorneys. Chowchilla Police Department Policy Manual Section 900.5.9: Attorneys and Bail ☒ ☐ ☐ Bondsmen 1080 RULES AND DISCIPLINARY PENALTIES Chowchilla Police Department Policy Manual Section 900.5.10: Discipline Wherever discipline is administered, each facility administrator shall establish written rules and The policy is clear. The remainder is disciplinary penalties to guide inmate conduct. ☒ ☐ ☐ marked as N/A. Discipline will not be administered in the facility. If a person needs discipline, he or she is transported per facility administration. Such rules and disciplinary penalties shall be stated simply and affirmatively and posted conspicuously in housing units and the booking area or issued to each ☐ ☐ ☒ inmate upon booking. For those inmates who are illiterate or 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 penalties. 1081 PLAN FOR INMATE DISCIPLINE Chowchilla Police Department Policy Manual Section 900.5.10: Discipline If discipline is NOT administered, written policy should indicate as such. If discipline is Discipline is not administered at the facility. administered, Sections 1080, 1081, 1082, 1083 and The remainder of this section is marked as 1084 apply. Not Applicable (N/A). ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non-conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to television, telephones, commissary, or ☐ ☐ ☒ lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive 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. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive 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. ☐ ☐ ☒ 2995 Madera Chowchilla PD TH PRO 20-22 - 14 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such charges pending against an inmate shall be acted on with the following provisions and within ☐ ☐ ☒ specified timeframes: 1. A copy of the report, and/or a separate written notice of the violation(s), shall be provided to the ☐ ☐ ☒ inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate 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 inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have access to staff or inmate ☐ ☐ ☒ assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate 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 inmate 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. ☐ ☐ ☒ (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in which the safety of the ☐ ☐ ☒ inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 2995 Madera Chowchilla PD TH PRO 20-22 - 15 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE Chowchilla Police Department Policy Manual Section 900.5.10: Discipline The degree of punitive actions taken by the disciplinary officer shall be directly related to the Discipline is not administered at the facility. severity of the rule infraction. Acceptable forms of The remainder of this section is marked as discipline shall consist of, but not be limited to, the Not Applicable (N/A). following: (a) Loss of privileges. (b) Extra work detail. (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. (h) Disciplinary separation diet. ☐ ☐ ☒ 1083 LIMITATIONS ON DISCIPLINARY ACTIONS Chowchilla Police Department Policy Manual Section 900.5.10: Discipline The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Discipline is not administered at the facility. Additionally, there shall be the following limitations: The remainder of this section is marked as (a) If an inmate is on disciplinary separation status for Not Applicable (N/A). 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. 2995 Madera Chowchilla PD TH PRO 20-22 - 16 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) 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 inmates who engage in the ☐ ☐ ☒ destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other inmate or group of inmates (Penal Code ☐ ☐ ☒ section 4019.5) (d) 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. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as specified in Section 1265 of these ☐ ☐ ☒ regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized ☐ ☐ ☒ for major violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on the disciplinary separation diet and ☐ ☐ ☒ ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet every 72 hours after the initial ☐ ☐ ☒ placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate 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. (i) In no case shall access to courts and legal counsel be suspended as a disciplinary measure. ☐ ☐ ☒ 1084 DISCIPLINARY RECORDS Chowchilla Police Department Policy Manual Section 900.5.10: Discipline Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment Discipline is not administered at the facility. ☐ ☐ ☒ administered, therefore. This requirement may be The remainder of this section is marked as satisfied by retaining copies of rule violation reports Not Applicable (N/A). and report of the disposition of each. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring ☒ ☐ 2995 Madera Chowchilla PD TH PRO 20-22 - 17 - A352 TH PRO eff. 1/2019 (18-20).dot Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see the remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that The annual survey states juveniles may be held in hold minors in secure detention in the jail. Title 15, both secure and non-secure status. 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. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A Chowchilla Police Department Policy MINOR IN AN ADULT DETENTION FACILITY Manual Section 315.12: Suicide Attempt, Death, or Serious 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 Chowchilla Police Department Policy Manual Section 315 – Temporary Custody The facility administrator shall develop written policies of Juveniles ☒ ☐ ☐ and procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; Chowchilla Police Department Policy Manual Section 315.3.2: Suicide Prevention ☒ ☐ ☐ of Juveniles in Custody (b) use of restraints; Chowchilla Police Department Policy Manual Section 315.9: Use of Restraint ☒ ☐ ☐ Devices (c) emergency medical assistance and services; Chowchilla Police Department Policy and, Manual Section 315.3.1: Emergency ☒ ☐ ☐ Medical Care of Juveniles in Custody (d) prohibiting use of discipline. Chowchilla Police Department Policy Manual Section 315.8(o): Temporary ☒ ☐ ☐ Custody Requirements 2995 Madera Chowchilla PD TH PRO 20-22 - 18 - A352 TH PRO eff. 1/2019 (18-20).dot 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. YES NO N/A P/P/REFERENCE - COMMENTS 1143 CARE OF MINORS IN TEMPORARY Chowchilla Police Department Policy CUSTODY Manual Section 315 – Temporary Custody of Juveniles ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; Chowchilla Police Department Policy ☒ ☐ ☐ Manual Section 315.8 (e) (2) one snack upon request during term of Chowchilla Police Department Policy temporary custody if the minor has not eaten within Manual Section 315.8(f) the past four (4) hours or is otherwise in need of ☒ ☐ ☐ nourishment; (3) access to drinking water; and, Chowchilla Police Department Policy ☒ ☐ ☐ Manual Section 315.8(g) (4) privacy during consultation with family, Chowchilla Police Department Policy guardian, and/or lawyer. ☒ ☐ ☐ Manual Section 315.8 (i) (5) blankets and clothing, as necessary, to assure Chowchilla Police Department Policy the comfort of the minor; and, ☒ ☐ ☐ Manual Section 315.8(k) (6) his or her personal clothing unless the clothing Chowchilla Police Department Policy is inadequate, presents a health or safety problem, Manual Section 315.8(j) or is required to be utilized as evidence of an ☒ ☐ ☐ offense. 1144 CONTACT BETWEEN MINORS AND Chowchilla Police Department Policy ADULT PRISONERS Manual Section 315.7: No-Contact Requirements The facility administrator shall establish policies and procedures to restrict contact, as defined in Section ☒ ☐ ☐ Sight and sound separation between minors 1006, between minors and adults confined in the and adults and between non- facility. offenders/status offenders and 602 juveniles. In situations where brief or accidental contact may Chowchilla Police Department Policy occur, such as booking or facility movement, facility Manual Section 315.7: No-Contact staff (trained in the supervision of inmates) shall Requirement ☒ ☐ ☐ maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. 2995 Madera Chowchilla PD TH PRO 20-22 - 19 - A352 TH PRO eff. 1/2019 (18-20).dot 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. YES NO N/A P/P/REFERENCE - COMMENTS 1145 DECISION ON SECURE CUSTODY Chowchilla Police Department Policy Manual Section 315.11: Secure Custody A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may 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. Minors in secure detention are 14 years of age or older. In making the determination whether the minor Chowchilla Police Department Policy presents a serious security risk of harm to self or Manual Section 315.11(a): Secure Custody 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 Chowchilla Police Department Policy was taken into custody; ☒ ☐ ☐ Manual Section 315.11(b): Secure Custody (c) minor's behavior, including the degree to Chowchilla Police Department Policy which the minor appears to be cooperative or Manual Section 315.11(c): Secure Custody ☒ ☐ ☐ non-cooperative; (d) the availability of staff to provide adequate Chowchilla Police Department Policy supervision or protection of the minor; and, ☒ ☐ ☐ Manual Section 315.11(d): Secure Custody (e) the age, type, and number of other individuals Chowchilla Police Department Policy who are detained in the facility. ☒ ☐ ☐ Manual Section 315.11(e): Secure Custody 1146 CONDITIONS OF SECURE CUSTODY Chowchilla Police Department Policy Manual Section 315.11: Secure Custody While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cuffing ☒ ☐ ☐ rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE Chowchilla Police Department Policy CUSTODY INSIDE A LOCKED Manual Section 315.11.1: Locked ENCLOSURE Enclosures ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the Chowchilla Police Department Policy minor; and, Manual Section 315.11.1(a): Locked ☒ ☐ ☐ Enclosures 2995 Madera Chowchilla PD TH PRO 20-22 - 20 - A352 TH PRO eff. 1/2019 (18-20).dot 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. YES NO N/A P/P/REFERENCE - COMMENTS (2) safety checks, as defined in Section 1006, Chowchilla Police Department Policy of the minor by staff of the law enforcement Manual Section 315.11.1(d): Locked facility, at least once every 30 minutes, which Enclosures shall be documented. ☒ ☐ ☐ Safety checks are conducted every 15 minutes. (b) Males and females shall not be placed in the Chowchilla Police Department Policy same locked room unless under constant direct Manual Section 315.11.1(e) visual observation by staff of the law enforcement ☒ ☐ ☐ facility. 1148 SUPERVISION OF MINORS IN SECURE Chowchilla Police Department Policy CUSTODY OUTSIDE OF A LOCKED Manual Section 315.11: Secure Custody 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 Chowchilla Police Department Policy direct visual observation to assure the minor's safety Manual Section 315.11: Secure Custody ☒ ☐ ☐ while secured to a stationary object. Securing minors to a stationary object for longer Chowchilla Police Department Policy than 60 minutes, and every 30 minutes thereafter, Manual Section 315.11: Secure Custody ☒ ☐ ☐ shall be approved by a supervisor. The decision for securing a minor to a stationary object Chowchilla Police Department Policy for longer than 60 minutes, and every 30 minutes Manual Section 315.11: Secure Custody thereafter shall be based upon the best interests of the ☒ ☐ ☐ minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CUSTODY Chowchilla Police Department Policy Manual Section 315.4: Custody of Juveniles Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) of the Welfare and Institutions ☒ ☐ ☐ Code, may be held in non-secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- Chowchilla Police Department Policy SECURE CUSTODY Manual Section 315.1.1: Definitions, Non- secure custody and Section 315.6: Juvenile Custody Logs 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. 2995 Madera Chowchilla PD TH PRO 20-22 - 21 - A352 TH PRO eff. 1/2019 (18-20).dot 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. YES NO N/A P/P/REFERENCE - COMMENTS 1151 MINORS UNDER THE INFLUENCE OF ANY Chowchilla Police Department Policy INTOXICATING SUBSTANCE IN SECURE OR NON- Manual Section 315.3: Juveniles Who Shall SECURE CUSTODY Not Be Held Facility administrators shall develop policies and ☒ ☐ ☐ Sub-section (d) Requires approval of the procedures providing that a medical clearance shall Watch Commander and Medical Clearance be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked Chowchilla Police Department Policy room who display outward signs of being under the Manual Section 315.11.1: Locked influence of drugs, alcohol or any other intoxicating Enclosures substance shall include safety checks at least once every 15 minutes until resolution of the intoxicated ☒ ☐ ☐ The policy requires unscheduled safety state or release. These safety checks shall be checks to occur no less than every 15 documented, with actual time of occurrence recorded. minutes regardless of if the youth is intoxicated or not. Supervision of minors in secure custody outside of a Chowchilla Police Department Policy locked room who display outward signs of being Manual Section 315.11.: Secure Custody under the influence of drugs, alcohol or any other intoxicating substance shall be supervised in ☒ ☐ ☐ Policy requires direct supervision if a youth accordance with Section 1148. is handcuffed to a fixed object regardless of if the youth is intoxicated or not. Supervision of minors in nonsecure custody who Chowchilla Police Department Policy display outward signs of being under the influence of Manual Section 315.1.1: Definitions, Non- drugs, alcohol or any other intoxicating substance secure custody shall be supervised in accordance with Section 1150. ☒ ☐ ☐ Policy requires direct supervision of a youth held in non-secure custody regardless of if the youth is intoxicated or not. 2995 Madera Chowchilla PD TH PRO 20-22 - 22 - A352 TH PRO eff. 1/2019 (18-20).dot Facility administrators must be aware of the requirements of WIC 207.1(d) 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(d)(1)(A) TEMPORARY CUSTODY There were a minimal amount of logs Minors (14 years of age and older) are held only provided for review. In total, there were 7 for investigating the case, facilitating release to a logs provided over the course of the cycle. parent or guardian, or arranging transfer to an Documentation and reporting was appropriate juvenile facility. inconsistent. Initial documentation was inconsistent and required additional follow- up. Overall, there were 24 youths held, and ☒ ☐ ☐ 17 logs were found to be missing over the course of the cycle. Without the logs, we are unable to confirm if youth were held under the appropriate criteria. Number of violations: All 207.1(d)(1)(B) SECURE CUSTODY 2 youths were noted as being held in secure detention. The logs were not completed correctly or completely. Minors have been detained in secure custody in the law enforcement facility for longer than six ☒ ☐ ☐ hours. Number of violations:2 207.1(d)(1)(C) ADVISEMENTS 2 youths were noted as being held in secure detention. The logs were not completed correctly or completely. The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the length of time the secure ☒ ☐ ☐ detention is expected to last, and of the maximum six-hour period and secure detention is authorized to last. Number of violations:2 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND We are unaware of any contact between ADULTS minors and adults. Contact between the minor and adults confined in ☐ ☒ ☐ the facility is restricted in accordance with WIC Number of violations: 0 Section 208. 207.1(d)(1)(E) SUPERVISION There were a minimal amount of logs provided for review. Documentation and reporting was inconsistent. Initial The minor is adequately supervised. documentation was inconsistent and ☒ ☐ ☐ required additional follow-up. It is unknown where youth were held Number of violations: Unknown 207.1(d)(1)(F) LOGS Only 2 youths were held securely. The logs A log or other written record is maintained by the were not completed correctly. ☒ ☐ ☐ law enforcement agency showing the offense that is the basis for the secure detention in the facility, 2995 Madera Chowchilla PD TH PRO 20-22 - 23 - A352 TH PRO eff. 1/2019 (18-20).dot Facility administrators must be aware of the requirements of WIC 207.1(d) 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 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 Number of violations:2 securely detained. 207.1(d)(2) NON-SECURE CUSTODY Several logs not completed. It is unknown how long the youth remained in the facility. Minors have been detained in non-secure custody in the law enforcement facility for longer than six ☒ ☐ ☐ Number of violations: Unknown hours. 2995 Madera Chowchilla PD TH PRO 20-22 - 24 - A352 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 2995 FACILITY NAME: Chowchilla Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: X OTHER: 2001 FIELD REPRESENTATIVE: Lisa Southwell DATE: October 14, 2022 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Facility has one holding cell and one non- rated cell. Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X 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 X RE: Small Cell. Does not contain a bunk for and 0600 (Later, less restrictive 1994 standards only prisoners between midnight and 6 am but, require a bunk if inmates are held longer than 12 operationally, facility does not hold prisoners hours) for 12 hours. Additionally, Small Cell contains a coated mesh bench with a mesh door which presents a ligature opportunity should a prisoner be left unattended. Cell should not be used unless direct supervision is available while prisoner remains in cell and only during daytime hours. Weapons Locker (3.12) X Weapon locker added 2009. External to the security area and equipped with individual compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) X No sobering cell 01: name change to “Sobering Cell” 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) X No safety cell Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet X Limited to no more than one inmate X Contain flush ring toilet (flush with floor) with controls X located outside the cell Padded floor, door and walls X Equipped with variable intensity, security light, with X controls located outside the cell 2995 Madera Chowchilla PD TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Vertical view panel not more than 4 inches wide and X at least 24 inches long, located in or adjacent to cell door (Facility planned or constructed prior to 8-86) Two or more vertical view panels not more than 4 X inches wide and at least 24 inches long, one of which must be in the door (Facility planned or constructed after 8-86; See regulations for later changes)) Solid security door with a food pass having a lockable X shutter no more than 4 inches height and located at least 30 inches above the floor Shower-Delousing Room (3.4) X Available 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 Audio Monitoring (2.22) X Facility has camera/audio 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 Administrative offices Available 2995 Madera Chowchilla PD TH PHY 20-22 - 2 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 2995 FACILITY: Chowchilla Police Department TYPE: THJ BSCC: (0) FIELD REPRESENTATIVE: Lisa Southwell DATE: October 14, 2022 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 Holding 1973 1 2 (8) 13.9 x 9.0 x 8.0 1 1 1 NOTES: Two 76” x 30” bunks in the cell that are also used as benches. Rated capacity as a holding cell. When bunks are used, the capacity would be two. Since this cell was constructed before 1978, it does not fall under the Minimum Jail Standards. Holding 2001 1 (4) 45.5 sq. ft. 1 1 1 45.5 square feet. 72” of bench available. 2016-2018: No Change 2018-2020: No Change 2020-2022: Reviewed Facility. Small cell contains a coated mesh bench with a mesh door which presents a ligature opportunity should a prisoner be left unattended. Cell should not be used unless direct supervision is available and only during daytime hours. *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. 2995 Madera Chowchilla PD TH LASE 20-22 - 1 - A360