Marin County Jail (2023-2024 inspection cycle)

May 23, 2024 Jamie Scardina, Sheriff Marin County Sheriff’s Office 1600 Los Gamas Dr. Suite 200 San Rafael, CA 94903 2023-2024 TARGETED INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, MARIN COUNTY SHERIFF’S OFFICE DETENTION FACILITY Dear Sheriff Scardina, The 2023-2024 Targeted Inspection of the detention facility for the Marin County Sheriff's Office has been completed. The following facility was inspected on April 24, 2024: BSCC # FACILITY TYPE FACILITY NAME Marin County Jail 3010 II 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, during the onsite inspection, the Board of State and Community Corrections (BSCC) staff updated the BSCC Living Area Space Evaluation (LASE) document confirming cell size, required fixtures, and rated capacity for each housing unit. Based on the BSCC staff's review of the facility floor plan, it was determined that the facility’s rated capacity increased from 349 to 386. An updated LASE has been included in this report for your records. INSPECTION RESULTS During the targeted inspection, BSCC staff reviewed policies and supportive documentation for the following Title 15 Minimum Standards: §1027.5 – Safety Checks §1032 – Fire Suppression Preplanning §1056 – Use of Sobering Cell §1058 – Use of Restraint Devices §1065 – Exercise and Out-of-Cell Time Jamie Scardina Sheriff Page 2 We identified no items of noncompliance with Title 15 Minimum Standards. Refer to the attached Title 15 Procedures Checklist for detailed information. An exit briefing was conducted on April 24, 2024, with your staff, and BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. I would like to thank your staff, especially Sgt. Wilbanks, for their cooperation during the inspection process. It is always a pleasure to visit your facility! Please email me at traci.kessler@bscc.ca.gov or call (916) 956-3682 if you have any questions. Sincerely, TRACI KESSLER Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Marin County Superior Court* Grand Jury, Marin County* Chair, Board of Supervisors, Marin County* County Administrator, Marin County* Captain Hale, Marin County Sheriff’s Office (Electronic Copy) Lieutenant Berry, Marin County Sheriff’s Office (Electronic Copy) Lieutenant Collins, Marin County Sheriff’s Office (Electronic Copy) Sergeant Willbanks, Marin County Sheriff’s Office (Electronic Copy) Ashley Taylor, BSCC (Electronic Copy) *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 3010 Marin County Jail II Targeted LTR 23-24 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3010 FACILITY NAME: Marin County Jail FACILITY TYPE: II PERSON(S) INTERVIEWED: Sgt. Russell Wilbanks FIELD REPRESENTATIVE: Traci Kessler DATE: 04/24/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027.5 SAFETY CHECKS 504 Inmate Safety Checks The facility administrator shall develop and implement Safety checks shall be conducted at least policy and procedures for conducting safety checks that once every 60 minutes and more frequently if include, but are not limited to, the following: ☒ ☐ ☐ necessary. (a) Safety checks will determine the safety and well- being of individuals and shall be conducted at least hourly through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse A random sampling of Safety Check logs from between safety checks. May 2023 – November 2023 was reviewed. Upon review, it appears that safety checks were not conducted within the required 60- minute time frame. Upon further review, it was discovered that the checks were conducted, ☒ ☐ ☐ but not noted in a timely manner. Technical assistance was provided regarding the importance of documentation of safety checks within the required timeframe. Supervisory staff will conduct additional training on Safety Check compliance. (c) Safety checks for people in sobering cells, safety cells, and restraints shall occur more frequently as ☒ ☐ ☐ outlined in section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied Reviewed and verified. ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the 504 Inmate Safety Checks documentation of all safety checks. Documentation shall include: ☒ ☐ ☐ (1) the actual time at which each individual safety check occurred; 1 This document is intended for use as a tool during the targeted 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. 3010 Marin County Jail II PRO 23-24 Page 1 of 4 A353 Type II & III Targeted PRO eff 01.2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) the location where each individual safety check Reviewed and verified. occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff Reviewed and verified. ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are Reviewed and verified. reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating ☒ ☐ ☐ patterns of inconsistent documentation, or untimely completion of, safety checks. 1032 FIRE SUPPRESSION PREPLANNING 401 Fire Safety CUS 402.1 Fire Safety Procedures Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ The fire suppression plan was reviewed and having jurisdiction over the facility, with the State Fire verified by BSCC staff. 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 The San Rafael Fire Department (SRFD) fire department to be included as part of the policy and provides fire protection for the facility. SRFD ☒ ☐ ☐ procedures manual (Title 15, California Code of tests fire equipment systems and inspects the Regulations Section 1029); facility annually. (b) monthly fire prevention inspections by facility staff Monthly inspection logs were reviewed and with two-year retention of the inspection record; ☒ ☐ ☐ verified. (c) fire prevention inspections as required by Health and San Rafael Fire Department – Fire Prevention Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Bureau conducted the latest fire inspection on inspections at least once every two years; Feb. 2, 2023. (d) an evacuation plan; and, ☒ ☐ ☐ Reviewed and verified. (e) a plan for the emergency housing of incarcerated Reviewed and verified. ☒ ☐ ☐ people in the case of fire. 1056 USE OF SOBERING CELL CUS 2-17 Sobering Cell Use 505 Special Management Inmates The sobering cell described in Title 24, Part 2, Section ☒ ☐ ☐ 515 Safety and Sobering Cells 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 Qualified healthcare professionals shall six hours without an evaluation by medical or custody assess the medical condition of the inmate in staff to determine whether the person has an urgent the sobering cell at least every four and medical problem, pursuant to section 1213 of these twelve hours. ☒ ☐ ☐ regulations. Of the logs reviewed, there was no instance of an inmate remaining in a sobering cell for longer than six hours. At 12 hours from the time of placement, all persons must ☒ ☐ ☐ receive an evaluation by responsible health care staff. 3010 Marin County Jail II PRO 23-24 Page 2 of 4 A353 Type II & III Targeted PRO eff 01.2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of people held in Sobering cell logs were reviewed from the sobering cell shall be conducted no less than every 1/5/2024 to 3/28/2024. All logs reviewed ☒ ☐ ☐ half hour. Such observation shall be documented. noted direct visual observation no less than every 30 minutes. 1058 USE OF RESTRAINT DEVICES 510 Use of Restraints The facility administrator, in cooperation with the responsible physician, shall develop and implement 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: Restraint Chair, WRAP, and WRAP Cart are (1) acceptable restraint devices; the three restraint devices utilized by this ☒ ☐ ☐ agency. (2) signs or symptoms which should result in A medical referral is made immediately upon immediate medical/mental health referral; placing an inmate into a sobering cell. ☒ ☐ ☐ availability of cardiopulmonary resuscitation equipment; (3) protective housing of restrained persons; ☒ ☐ ☐ Reviewed and verified. (4) provision for hydration and sanitation needs; and, ☒ ☐ ☐ Reviewed and verified. (5) exercising of extremities. ☒ ☐ ☐ Reviewed and verified. (b) Policy shall also include, but not be limited to, the Reviewed and verified. 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 Reviewed and verified. 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 Reviewed and verified. restrictive alternatives, including verbal de- ☒ ☐ ☐ escalation techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in Reviewed and verified. 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 Reviewed and verified. ☒ ☐ ☐ maintained until a medical opinion can be obtained. 3010 Marin County Jail II PRO 23-24 Page 3 of 4 A353 Type II & III Targeted PRO eff 01.2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) A medical opinion on placement and retention Reviewed and verified. shall be secured within one hour from the time of ☒ ☐ ☐ placement. (7) A medical assessment shall be completed within Reviewed and verified. ☒ ☐ ☐ four hours of placement. (8) Continuous direct visual observation shall be Staff members shall conduct direct face-to- conducted at least twice every 30 minutes to ensure face observation at least twice every 30 that the restraints are properly employed, and to minutes to check the inmate’s physical well- ensure the safety and well-being of the incarcerated being and behavior. All checks shall be person. Such observation shall be documented. documented, with the actual time recorded ☒ ☐ ☐ While in restraint devices all incarcerated persons by the person doing the observation, along shall be housed alone or in a specified housing area with a description of the inmate's behavior. which makes provisions to protect the person from Any actions taken should also be noted in abuse. the log. (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 At the time of the inspection, there was only placement in restraints shall be documented and one (1) incident requiring the use of restraint shall be video recorded unless exigent devices. The incident report was reviewed. circumstances prevent staff from doing so. The BSCC staff verified the report contained the ☒ ☐ ☐ documentation shall include: the reason for required information. placement; person authorizing placement; names of staff involved in the placement; injuries sustained; Housing unit video systems capture and and the duration of placement. record all activity within the housing units. 1065 EXERCISE AND OUT OF CELL TIME 1004 Inmate Exercise and Recreation (a) The facility administrator of a Type II or III facility shall A random sampling of Exercise & Out of Cell develop written policies and procedures for a minimum logs for Administrative Separation housing of 10 hours of out of cell time distributed over a period of ☒ ☐ ☐ were reviewed. BSCC staff confirmed seven days to include: through the review of documentation that the agency is meeting the revised standard of three hours of exercise and seven hours out of cell time. (1) an opportunity for three hours of exercise and ☒ ☐ ☐ Reviewed and confirmed (2) an opportunity for seven hours of recreation. ☒ ☐ ☐ Reviewed and confirmed Policies shall include reasonable and necessary Reviewed and confirmed ☒ ☐ ☐ procedures to ensure safety and security. 3010 Marin County Jail II PRO 23-24 Page 4 of 4 A353 Type II & III Targeted PRO eff 01.2024 ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3010 FACILITY: Marin County Jail TYPE: II RC: 386 FIELD REPRESENTATIVE: Traci Kessler DATE: 04/24/2024 ROOMS EACH ROOM Cell Applicabl # EACH CELL Total DIMENSIONS FIXTURES* Location Type e Cells # Beds RC RC (L x W x H) T U W F S Standard s Notes: The “new” jail came online during the 1996-97 inspection cycle. Cells in special and general population housing units are irregular shapes and sizes. Measurement of the smallest cells confirms a minimum of 70 square feet. All dayroom spaces are irregular shapes. 05/2024 - During the LASE update, it was discovered that the historical LASE reflected a “Protective Custody Housing Unit POD E”. The cells previously identified as “POD E” are located in POD D and not a separate housing unit. Rated capacity increased from 349 to 386 as a result of multiple cells previously identified as “single” cells reclassified as “double” cells. (TK) BOOKING Booking Safety 1988 2 0 1 (2) 8.6’X5.8’ SAF 1& 2 Booking Sobering 1988 2 0 8 (16) 16.6’X9.7’ 1 1 1 DT 1 & 2 Booking Holding 1988 1 0 7 (7) 11.5’X8.2’ 1 1 1 HC 1 Booking Holding 1988 1 0 7 (7) 11.3’X7.8’ 1 1 1 HC 2 Notes: Each of the two holding cells has an 11' bench. There are two showers in the booking area. Housing Pod A – Corner cells (6,7,17,18,27,28,38,39) are irregular shapes and various sizes. All cells meet the minimum requirement of 70 square feet. TK 4/2024. A Single 1988 11 1 1 11 11.5” x 6.3” 1 1 1 A Double 1988 30 2 2 60 11.5” x 6.3” 1 1 1 Housing Pod B - Corner cells (6,7,17,18,27,28,38,39) are irregular shapes and various sizes. All cells meet the minimum requirement of 70 square feet. TK 4/2024. B Single 1988 11 1 1 11 11.5”x 6.3” 1 1 1 B Double 1988 30 2 2 60 11.5” x 6.3” 1 1 1 Housing Pod C - Corner cells (6,7,17,18,27,28,38,39) are irregular shapes and various sizes. All cells meet the minimum requirement of 70 square feet. TK 4/2024. *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. 3010 Marin County Jail II LASE 23-24 -1- A360 LAS Adult-05.dot (8/05) ROOMS EACH ROOM Cell Applicabl # EACH CELL Total DIMENSIONS FIXTURES* Location Type e Cells # Beds RC RC (L x W x H) T U W F S Standard s C Single 1988 10 1 1 10 11.5” x 6.3” 1 1 1 C Double 1988 31 2 2 62 11.5” x 6.3” 1 1 1 Special Housing SH Single 1988 3 1 1 3 11.5” x 6.3” 1 1 1 SH Double 1988 33 2 2 66 11.5” x 6.3” 1 1 1 SH Safety 1988 1 (1) (1) (1) 10.0’X6.0’ Housing Pod F F Single 1988 1 1 1 1 11.5” x 6.3” 1 1 1 F Double 1988 34 2 2 68 11.5” x 6.3” 1 1 1 Restrictive Housing Pod 1 RH 1 Single 1988 11 1 1 11 11.5” x6.3” 1 1 1 RH1 Double 1988 3 2 2 6 11.5” x 6.3” 1 1 1 Restrictive Housing Pod 2 RH 2 Single 1988 11 1 1 11 11.5” x 6.3” 1 1 1 RH 2 Double 1988 3 2 2 6 11.5” x 6.3” 1 1 1 RH 2 Safety 1988 1 0 1 (1) 8.0’X8.0’ LASE updated 04/2024 (TK). *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. 3010 Marin County Jail II LASE 23-24 -1- A360 LAS Adult-05.dot (8/05)