Marin Sheriff's Office Inspection Rpt (2020-2022 inspection cycle)

November 27, 2022 Jamie Scardina, Sheriff Marin County Sheriff’s Office 1600 Los Gamos Drive #2020 San Rafael, CA 94903 RE: 2020/2022 BIENNIAL INSPECTION, PENAL CODE 6031, WELFARE & INSTITUTION CODE209MARIN COUNTY TYPE II JAIL, AND COURT HOLDING FACILITIES Dear Sheriff Scardina, The 2020-2022 biennial inspection of the Marin County Sheriff Office’s Jail and Court Holding Facilityhas been completed. A pre-inspection briefing was held on July 6, 2021,and the facilities were inspected on September 14, 2022. The following facilities were inspected: Marin County Jail Facility Marin County Court Holding Facility Pursuant to Penal Code Section 6031, these inspections were performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the separation requirements of juveniles from incarcerated adults. The complete Board of State and Community Corrections (BSCC) inspection report is enclosed and consists of the following: this transmittal letter; a Title 15 Procedures checklist, outlining applicable minimum standards for juvenile detention facilities; a Physical Plant Evaluation, outlining applicable Title 24 minimum standards; and the Living Area Space Evaluation (LASE), summarizing the physical plant configuration and outlining the rated capacity of the Marin County Jail and Court Holding Facility. Please refer to the Title 15 Procedures Checklist for a summary of all relevant minimum standards, indication of compliance or noncompliance, and information used to determine compliance. MANDATORY 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). Jamie Scardina Sheriff Page 2 Results of those inspections are considered a part of this report. The dates of the local inspections are listed below. We encourage the practice of maintaining a permanent file for historical copies of all inspections including documentation of corrections made following the inspection. FACILITY NAME FIRE INSP. MEDICAL/MENTAL ENVIRONMENTAL NUTRITIONAL HEALTH HEALTH HEALTH Main County Jail 10/12/2019 8/24/2022 8/24/2022 8/24/2022 Marin County Court 10/12/2019 8/25/2022 8/25/2022 8/25/2022 Holding SCOPE OF THE INSPECTION The inspection consisted of a review of the Marin County Sheriff’s Office Policy and Procedure Manual1, a site visit to review operations, physical plant, relevant documentation, and interviews with administration, facility staff, inmates, and collaborative partners. BSCC INSPECTION RESULTS Title 15, CCR Minimum Standards Upon final review of all documentation, there are two areas of outstanding items of noncompliance with Title 15 at the Marin County Jail and Court Holding Facility. The areas of noncompliance are listed below. § 1032. Fire Suppression Preplanning. (b) regular fire prevention inspections by facility staff monthly with two-year retention of the inspection record; (c) fire prevention inspections as required by Health and Safety Code Section 13146.1 which requires inspections at least once every two years Although internal inspection is a priority for the agency, there were missing documented monthly fire inspections during the documentation review process. The agency is aware and is encouraged to implement a redundant system to ensure that such inspections are documented and maintained. Due to the challenges that the countyhas faced with the lack of available fire inspectors coupled with intermittent public health directives limiting facility access, the Sheriff’s Office has not completed their local fire inspection required during this inspection cycle. They agency is in 1BSCC reviews only those policy and procedures required by, and applicable to, Title 15, CCR. BSCC staff do not “approve” policies and procedures or assess them for constitutional or legal issues. Agencies should seek review through their legal advisor, risk manager, and other persons deemed appropriate for such evaluation. 3010+ Marin Sheriff’s Office II CH LTR 20-22 Jamie Scardina Sheriff Page 3 contact with their local fire authority and is encouraged to complete their inspection. The agency will advise once this has been completed. Title 24, CCR Physical Plant There were no changes made to either physical plant and your rated capacity for the Marin County Jail remains at 349. Please see the Physical Plant Evaluations for more information. There are no outstanding items of noncompliance with Title 24 minimum standards at either facility. Training According to the most recent Standards and Training for Corrections audit, the Marin County Sheriff’s Office personnel assigned to the jail and court holding are compliant with all relevant regulations and mandates and mitigating circumstances if applicable. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring We reviewed documentation and logs and found no violations of the JJDPA. Please refer to Title 15 Procedures checklist for detailed information. Corrective Action Plan On September 14, 2022, BSCC staff held an Exit Briefing with your staff. During that briefing, BSCC staff provided an overview of the biennial inspection and provided technical assistance and best practice recommendations. BSCC staff reviewed your agency’s noncompliance issues found during the desk audit and onsite inspection. Your agency provided BSCC staff with a verbal Corrective Action Plan (CAP) addressing these issues on September 14, 2022; we will respond to the CAP under a separate cover letter. -- This concludes the 2020-2022biennial inspection report. I am available to assist as needed and happy to provide technical assistance when requested. I look forward to continuing to work together. Please do not hesitate to email me at Kim.Moule@BSCC.ca.gov or call (916) 322- 8081 if you have any questions. Sincerely, KIMBERLY MOULE, CJM Field Representative Facilities Standards and Operations Division 3010+ Marin Sheriff’s Office II CH LTR 20-22 Jamie Scardina Sheriff Page 4 Enclosures cc: Chair, Board of Supervisors, Marin County * Presiding Judge, Superior Court, Marin County * County Administrator, Marin County * Grand Jury Foreperson, Superior Court, Marin County * Russell (Gary) Wilbanks, Sergeant, Marin County Sheriff’s Office *Copies of full inspection are available at www.bscc.ca.gov 3010+ Marin Sheriff’s Office II CH LTR 20-22 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: Sergeant Russell (Gary) Willbanks, Nurse June and multiple inmates. FIELD REPRESENTATIVE: Kimberly Moule and Traci Kessler DATE: September 14, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 301 TRAINING 301.2 MINIMUM TRAINING (a) In addition to the provisions of California Penal Code REQUIREMENTS Section 831.5, all custodial personnel of a Type I, II, III, or All deputies, full- or part-time, who have IV facility shall successfully complete the “Corrections successfully completed the course of instruction Officer Core Course” as described in Section 179 of Title required by Penal Code § 832.3 shall ☒ ☐ ☐ 15, CCR, within one year from the date of assignment. successfully complete the Corrections Officer Basic Academy Supplemental Core Course as described in 15 CCR 180, within one year of the date of assignment (15 CCR 1020(b)). Verified that all personnel assigned to custody are CORE trained. (b) Custodial Personnel who have successfully completed Verified. the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING Verified that all supervisors have, in addition to the POST Supervisors Training, completed the Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ Corrections Officer Core Course. complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV Please see above. jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING Verified that all managers have, in addition to the POST Management Training, completed the Corrections Officer Core Course. Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 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. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 3010 Marin Main Jail II PRO 20-22 - 1 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING Continuing professional training is accomplished with the delivery of in-service training and by attending conferences, With the exception of any year that a core training module symposiums, and local meetings. is successfully completed, all facility/system administrators, managers, supervisors, and custody personnel of a Type I, ☒ ☐ ☐ Training opportunities have been challenging II, III, or IV facility shall successfully complete the “annual due to the pandemic and the unavailability of in required training” specified in Section 184 of Title 15, CCR. person instruction. The agency has migrated to Lexipol policies and uses the training function to augment annual training. 1027 NUMBER OF PERSONNEL Compliance with this regulation is predicated on the agency’s ability to complete all required tasks associated with the daily operation of the A sufficient number of personnel shall be employed in each jail facility. local detention facility to ensure the implementation and operation of the programs and activities required by these ☒ ☐ ☐ A random sampling of documentation, to regulations. include incident reports, safety checks, security logs and use of force, has been reviewed and reflect that critical functions related to the daily operation of the jail are occurring as prescribed in the agency policy. Whenever there is an inmate in custody, there shall be at The agency staffing plan was reviewed along least one employee on duty at all times in a local detention with a sampling of 20 random shift rosters. facility or in the building which houses a local detention ☒ ☐ ☐ The staffing plan and shift rosters reflect that facility who shall be immediately available and accessible to there are non-fixed-post emergency response inmates in the event of an emergency. personnel assigned to each shift. Such an employee shall not have any other duties which Please see above. would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there Of the sampling of shift rosters reviewed, there shall be at least one female employee who shall be is female personnel assigned to each shift. ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for The agency staffing plan was reviewed. a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 3010 Marin Main Jail II PRO 20-22 - 2 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027.5 SAFETY CHECKS 504 Inmate Safety Checks Safety checks shall be conducted at least once Safety checks shall be conducted at least hourly through every 60 minutes and more frequently if direct visual observation of all inmates. There shall be no necessary. more than a 60-minute lapse between safety checks. Cameras and monitors may supplement the required visual observation safety checks, but they shall not replace the need for direct visual observation. Safety checks will be clearly documented on permanent logs in accordance with the department Daily Activity Logs and Shift Reports Policy. Actual times of the checks and notations should ☒ ☐ ☐ be recorded on the Daily Activity Logs. Log entries shall never be made in advance of the actual check. Log entries made in this manner do not represent factual information and are prohibited. Special management inmates may be checked more frequently as detailed in the Special Management Inmates Policy. A random sampling of 20 24-hour periods was reviewed and reflect that safety checks are occurring and are documented as prescribed by policy. There is a written plan that includes the documentation of Safety checks will be clearly documented on routine safety checks. permanent logs in accordance with the department Daily Activity Logs and Shift Reports Policy. ☒ ☐ ☐ Actual times of the checks and notations should be recorded on the Daily Activity Logs. Log entries shall never be made in advance of the actual check. 1028 FIRE AND LIFE SAFETY STAFF 104.5 Training The Jail Administrative Sergeant shall ensure Pursuant to Penal Code Section 6030(c), whenever there is that all staff members assigned to posts are an inmate in custody, there shall be at least one person on properly trained to perform all the duties and duty at all times who meets the training standards ☒ ☐ ☐ responsibilities related to fire, life-safety, and established by the BSCC for general fire and life safety. the emergency response procedures that have been implemented by the Captain. Verified that all personnel are trained in fire and life safety. The facility manager shall ensure that there is at least one Please see above. person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 3010 Marin Main Jail II PRO 20-22 - 3 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 3 102 Custody Manual The Custody Manual is a statement of the Facility administrator(s) shall develop and publish a manual current policies, rules, and guidelines of this of policy and procedures for the facility. The policy and department's jail. All prior and existing procedures manual shall address all applicable Title 15 and manuals, orders, and regulations that are in Title 24 regulations and shall be comprehensively reviewed conflict with this manual are revoked, except to and updated at least every two years. Such a manual shall be the extent that portions of existing manuals, made available to all employees. orders, and other regulations that have not been included herein shall remain in effect where they do not conflict with the provisions of this The policies and procedures required in subsections (a)(6) manual. The manual of the Marin County and (a)(7) may be placed in a separate manual to ensure Sheriff's Office Jail is hereby established and confidentiality. Subsections c and d do not apply and have shall be referred to as the Custody Manual (15 been deleted. CCR 1029). All members are to conform to the ☒ ☐ ☐ provisions of this manual. (a) The manual for Temporary Holding, Type I, II, and III The Captain shall ensure that the Custody facilities shall provide for, but not be limited to, the Manual is comprehensively reviewed at least following: every two years, updated as needed, and the staff trained accordingly to ensure that the policies in the manual are current and reflect the mission of the Marin County Sheriff's Office (15 CCR 1029). The review shall be documented in written form sufficient to indicate that policies and procedures have been reviewed and amended as appropriate to facility changes. The most recent documented policy review and revision is dated 07/03/2022. (1) Table of organization, including channels of The agency organization chart was reviewed communications. ☒ ☐ ☐ and includes rank structure and channels of communication. (2) Inspections and operations reviews by the facility 214.5 STAFFING ANALYSIS administrator/manager. The Sheriff or the authorized designee shall complete an annual comprehensive staffing ☒ ☐ ☐ analysis to evaluate personnel requirements and available staffing levels. The staffing analysis will be used to determine staffing needs and to develop staffing plans. (3) Policy on the use of force. 300 Use of Force The Marin County Sheriff’s Office is dedicated to upholding the Constitution and enforcing State and local laws in a fair, impartial, and ethical manner. The Sheriff’s Office recognizes that the authority to use physical force is a serious responsibility that shall be exercised ☒ ☐ ☐ judiciously and with respect for all human rights and for the sanctity of human life. The Law Enforcement Code of Ethics requires all sworn law enforcement officers to carry out their duties with courtesy, respect, professionalism, and to never employ unnecessary force. 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3010 Marin Main Jail II PRO 20-22 - 4 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) Policy on the use of restraint equipment, including the 501 Use of Restraints restraint of pregnant inmates as referenced in Penal Code This policy shall apply to the use of specific Section 3407. types of restraints, such as restraint chairs, ambulatory restraints, and similar restraint systems, as well as all other restraints, including handcuffs, waist chains, and leg irons when such restraints are used to restrain any inmate for prolonged periods. It is the policy of this department that restraints shall be used only to prevent self-injury, injury to others, or property damage. Restraints may also be applied according to inmate classification, such as maximum security, to control the behavior of a high-risk inmate while he/she is being moved outside the cell or ☒ ☐ ☐ housing unit. Restraints shall never be used for retaliation or as punishment. Restraints shall not be utilized any longer than is reasonably necessary to control the inmate. Restraints are to be applied only when less restrictive methods of controlling the dangerous behavior of an inmate have failed or appear likely to fail (15 CCR 1029(a)(4); 15 CCR 1058). Each incident where restraints are used shall be documented by the handling staff member and placed in the appropriate file prior to the end of the staff member's shift. Verified that the restraint chair is the only form of restraints used other than mechanical restraints. (5) Procedure and criteria for screening newly received 500 Population Management inmates for release per Penal Code sections 849(b)(2) and It is the policy of this facility that an inmate 853.6, and any other such processes as the facility population management system should be ☒ ☐ ☐ administrator is empowered to use. established and maintained to account for the admission, processing, transfer, and release of inmates. (6) Security and control including: ☒ ☐ ☐ Reviewed and verified in policy: (A) physical counts of inmates, 501 Inmate Count It is the policy of this department to account for all inmates within and under the control of this facility through scheduled and other counts as needed (15 CCR 1029(a)(6)). ☒ ☐ ☐ Inmate counts shall be conducted at least four times per twelve-hour shift. Emergency counts may be conducted as needed. Electronic counts shall not be substituted for direct staff observation. 3010 Marin Main Jail II PRO 20-22 - 5 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (B) searches of the facility and inmates, 511 Searches The purpose of this policy is to provide clear direction on maintaining the safety and security of the facility by conducting searches, in balance with protecting the rights afforded by the United States Constitution. The introduction of contraband, intoxicants, or weapons into the Marin County Sheriff's Office facility poses a serious risk to the safety and security of staff, inmates, volunteers, contractors, and the public. Any item that is not available to all inmates may be used as currency by those who possess the item and will allow those in possession of ☒ ☐ ☐ the item to have control over other inmates. Any item that may be used to disengage a lock, other electronic security devices, or the physical plant itself seriously jeopardizes the safety and security of this facility. Carefully restricting the flow of contraband into the facility can only be achieved by thorough searches of inmates and their environment. It is the policy of this department to ensure the safety of staff, inmates, and visitors by conducting effective and appropriate searches of inmates and areas within the facility in accordance with applicable laws (15 CCR 1029(a)(6)). Searches shall not be used for intimidation, harassment, punishment, or retaliation. (C) contraband control, and, The introduction of contraband, intoxicants, or weapons into the Marin County Sheriff's Office facility poses a serious risk to the safety and security of staff, inmates, volunteers, contractors, and the public. Any item that is not available to all inmates may be used as currency by those who possess the item and will allow those in possession of the item to ☒ ☐ ☐ have control over other inmates. Any item that may be used to disengage a lock, other electronic security devices, or the physical plant itself seriously jeopardizes the safety and security of this facility. Carefully restricting the flow of contraband into the facility can only be achieved by thorough searches of inmates and their environment. (D) key control. CUS 8-1 Key Control ☒ ☐ ☐ Keys are issued and accounted for at the beginning and end of each shift. 3010 Marin Main Jail II PRO 20-22 - 6 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each facility administrator shall, at least annually, review, 200 Administrative and Supervisory evaluate, and make a record of security measures. The review Inspections and evaluation shall include internal and external security CUS 4-4 Cell Inspection, CUS 8-6 Perimeter measures of the facility including security measures specific Checks to prevention of sexual abuse and sexual harassment. 800 Facility Sanitation, Safety, and Inspection The purpose of this policy is to establish both regularly scheduled and unannounced inspections of the facility’s living and activity areas. This is to encourage contact with staff and inmates and to observe inmate living and ☒ ☐ ☐ working conditions. Inspections may be useful in identifying deficiencies, which can be corrected, as well as processes working properly, which may be replicated elsewhere in the facility. Tours and inspections shall be conducted by administrative and supervisory staff throughout the jail at least weekly. In practice, these inspections occur and are documented at a minimum of monthly and are reviewed by the jail administrator. (7) Emergency procedures include: 401 Fire Safety (A) fire suppression preplan as required by section CUS 402.1 Fire Safety Procedures 1032 of these regulations; Pursuant to Penal Code § 6031.1, the Captain shall, in cooperation with the local fire ☒ ☐ ☐ department or other qualified entity, develop a plan for responding to a fire. The plan shall include but is not limited to (15 CCR 1032): Verified and reviewed the agency fire suppression plan. (B) escape, disturbances, and the taking of hostages; CUS 8-14 Facility Escape Procedure ☒ ☐ ☐ CUS 9-6 Hostage Incidents (C) mass arrests; ☒ ☐ ☐ CUS 2-07 Mass Arrests (D) natural disasters; ☒ ☐ ☐ CUS 9-8 Disaster Policy (E) periodic testing of emergency equipment; and, CUS 10.1 Emergency Equipment and ☒ ☐ ☐ Maintenance (F) storage, issue, and use of weapons, ammunition, CUS 9-10 Less Lethal (Extended Range chemical agents, and related security devices. ☒ ☐ ☐ Impact Munitions) are stored in a secured room. 3010 Marin Main Jail II PRO 20-22 - 7 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Suicide Prevention. 719 Suicide Prevention and Intervention CUS 10-14 Suicide Prevention Plan It is the policy of this department to minimize the incidence of suicide by establishing and maintaining a comprehensive suicide prevention and intervention program designed to identify inmates who are at risk of suicide and to intervene appropriately whenever possible. The program shall be developed by ☒ ☐ ☐ the Captain and the Responsible Physician, approved by the local public health entity, and reviewed annually by the Captain. A copy of this policy shall be maintained in each unit of the facility where it can be easily accessed by all staff members (15 CCR 1029(a) (8); 15 CCR 1030) Suicide prevention training is provided annually by the county through in-service training. (9) Segregation of Inmates. 601 Disciplinary Segregation CUS 601.1 Disciplinary Segregation Procedure ☒ ☐ ☐ Inmates may be placed into disciplinary segregation only after an impartial hearing to determine the facts of the rule violation, in accordance with the department Inmate Discipline Policy. (10) Zero tolerance in the prevention of sexual abuse and 302 Prison Rape Elimination Act sexual harassment. This department has zero tolerance with regard to sexual abuse and sexual harassment in this facility. This department will take appropriate affirmative measures to protect all inmates from sexual abuse and harassment, and promptly and thoroughly investigate all ☒ ☐ ☐ allegations of sexual abuse and sexual harassment. The Detention Services Bureau Captain shall be accountable and responsible for overseeing and ensuring jail operations adhere to the PREA standards and ensuring response and reporting actions are adhered to by all staff, volunteers, and contractors. (11) Policy and procedure to detect, prevent, and respond All staff, volunteers and contractors who may to retaliation against any staff or inmate after reporting have contact with inmates shall receive any abuse. ☒ ☐ ☐ department approved training on the prevention and detection of sexual abuse and sexual harassment within this facility. (e) The manual for Temporary Holding, Court Holding, Reviewed PREA policy and verified the Type I, II, III, and IV facilities shall provide for, but not be following: limited to, the following: The inmate Handbook and Orientation were (1) multiple internal ways for inmates to privately report reviewed and contain specific detailed sexual abuse and sexual harassment, retaliation by other information on the reporting of sexual abuse, inmates or staff for reporting sexual abuse and sexual ☒ ☐ ☐ harassment, or retaliation. harassment, and staff neglect or violation of Inmates were interviewed during the onsite responsibilities that may have contributed to such physical plant inspection and report that they incidents, are aware of the agency policy for zero tolerance and in addition, they are aware of how to submit a concern or complaint. 3010 Marin Main Jail II PRO 20-22 - 8 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved inmates, family, Uninvolved inmates, family, community community members, and other interested third-parties members, and other interested third-parties are to report sexual abuse or sexual harassment. The able to make such reports verbally, by written method for reporting shall be publicly posted at the ☒ ☐ ☐ inquiry, or by using a citizen’s complaint form. facility. Verified that this information is accessible on the agency website and is posted in public lobbies during the physical plant inspection. 1030 SUICIDE PREVENTION PROGRAM 719 Suicide Prevention and Intervention CUS 10-14 Suicide Prevention Plan The facility shall have a comprehensive written suicide It is the policy of this department to minimize prevention program developed by the facility administrator, the incidence of suicide by establishing and in conjunction with the health authority and mental health maintaining a comprehensive suicide director, to identify, monitor, and provide treatment to those prevention and intervention program designed inmates who present a suicide risk. The program shall to identify inmates who are at risk of suicide include the following: and to intervene appropriately whenever possible. The program shall be developed by ☒ ☐ ☐ the Captain and the Responsible Physician, approved by the local public health entity, and reviewed annually by the Captain. A copy of this policy shall be maintained in each unit of the facility where it can be easily accessed by all staff members (15 CCR 1029(a) (8); 15 CCR 1030) Suicide prevention training is provided annually by the county through in-service training. (a) Suicide prevention training for all staff that have direct All facility staff members who are responsible contact with inmates. for supervising inmates shall receive initial and ☒ ☐ ☐ biannual training on suicide risk identification, prevention, and intervention. (b) Intake screening for suicide risk immediately upon 719.5 Screening and Intervention intake and prior to housing assignment. All inmates shall undergo medical and mental health screening during the intake process (15 CCR 1030). A portion of the intake medical screening is devoted to assessing inmates at risk for suicide. Upon an inmate entering the facility, he/she should be assessed by custody ☒ ☐ ☐ staff for the ability to answer medical and mental health screening questions. Any inmate who appears to be unable to answer the initial medical screening questions shall be examined by a qualified health care professional at a designated hospital and receive medical clearance before acceptance into the jail. (c) Provisions facilitating communication among Staff members shall promptly refer any inmate arresting/transporting officers, facility staff, medical and who is at risk for suicide to classification, mental health personnel in relation to suicide risk. ☒ ☐ ☐ health services, and mental health services. Communication between arresting agents and booking staff occurs at intake. 3010 Marin Main Jail II PRO 20-22 - 9 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Housing recommendations for inmates at risk of suicide. 505 Classification 503 Special Management Inmates Housing Criteria The inmate will be visually monitored in a safe setting until designated staff makes appropriate health care and housing decisions (15 CCR 1030). ☒ ☐ ☐ The initial mental health screening takes place at the time of booking and is for the safety of the inmate and the general population. It helps the custody staff to make appropriate classification and housing decisions and to ensure that the treatment and intervention needs of the inmate are met. (e) Supervision depending on level of suicide risk. The safety and security of this facility is dependent on a classification system that identifies inmates who pose a risk to ☒ ☐ ☐ themselves or to others. Inmates who pose such a risk must be promptly and appropriately segregated from the general inmate population until such time that they no longer pose a risk. (f) Suicide attempt and suicide intervention policies and 719.5 Screening and Intervention procedures. All inmates shall undergo medical and mental health screening during the intake process (15 CCR 1030). A portion of the intake medical screening is devoted to assessing inmates at risk for suicide. Upon an inmate entering the facility, he/she should be assessed by custody ☒ ☐ ☐ staff for the ability to answer medical and mental health screening questions. Any inmate who appears to be unable to answer the initial medical screening questions shall be examined by a qualified health care professional at a designated hospital and receive medical clearance before acceptance into the jail. (g) Provisions for reporting suicides and suicides attempts. 719.3 Suicide Prevention Team 719.6.2 Notification Following a suicide attempt, staff should initiate a medical emergency response and initiate and continue appropriate life-saving measures until relieved by qualified health care professionals. The arriving medical staff should perform the appropriate medical evaluation and intervention. ☒ ☐ ☐ In the event of an attempted or completed suicide, the Jail Lieutenants, or in their absence the Watch Commander, should be promptly notified. The Jail Lieutenants or Watch Commander should notify the Captain. All in-custody deaths, including those resulting from suicide, shall be investigated, and documented in accordance with the Reporting In-Custody Deaths Policy (15 CCR 1030). 3010 Marin Main Jail II PRO 20-22 - 10 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (h) Multi-disciplinary administrative review of suicides and 719.7.1 DEBRIEFING attempted suicides as defined by the facility A critical incident debriefing should occur after administrator. any suicide attempt or death of an inmate or onsite staff member. Information will be communicated to the Captain or his/her designee to apprise them of the incident and the actions taken with regard to the incident. ☒ ☐ ☐ An assessment of the facility’s emergency response actions surrounding the death of an inmate shall be conducted by a Multi- disciplinary review team. The purpose of the administrative review is to identify areas where operations, policies and procedures may be improved. 1032 FIRE SUPPRESSION PREPLANNING 401 Fire Safety CUS 402.1 Fire Safety Procedures Pursuant to Penal Code Section 6031.1(b), the facility Pursuant to Penal Code § 6031.1, the Captain administrator shall consult with the local fire department shall, in cooperation with the local fire having jurisdiction over the facility, with the State Fire ☒ ☐ ☐ department or other qualified entity, develop a Marshal, or both, in developing a plan for fire suppression plan for responding to a fire. The plan shall which shall include, but not be limited to: include but is not limited to (15 CCR 1032): The fire suppression plan was reviewed and verified by BSCC staff. (a) a fire suppression pre-plan developed with the local fire The San Rafael Fire Department provides fire department to be included as part of the policy and procedures protection for the facility. SRFD tests fire ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section equipment systems and inspects the facility 1029); annually. (b) regular fire prevention inspections by facility staff on a Although inspections are a priority of the monthly basis with two-year retention of the inspection agency, there were missing documented record; monthly fire inspection during the ☐ ☒ ☐ documentation review process. The agency is aware and will implement a redundant system to ensure that such inspections are documented and maintained. (c) fire prevention inspections as required by Health and Due to the challenges with available fire Safety Code Section 13146.1(a) and (b) which requires inspectors and public health directives limiting inspections at least once every two years; facility access, the agency has not completed their local fire inspection required during this ☐ ☒ ☐ inspection cycle. The agency is in contact with their local fire authority to complete their inspection. The agency will advise once this has been completed. (d) an evacuation plan; and, ☒ ☐ ☐ Reviewed and verified. (e) a plan for the emergency housing of inmates in the case of Reviewed and verified. ☒ ☐ ☐ fire. 1040 POPULATION ACCOUNTING 500 Population Management The Captain or the authorized designee is Each facility administrator shall maintain an inmate responsible for ensuring that detailed daily demographics accounting system which reflects the monthly reports of the facility’s inmate population are average daily population of sentenced and non-sentenced completed and maintained by the staff. The inmates by categories of male, female and juvenile. ☒ ☐ ☐ reports shall reflect the average daily population of sentenced and non-sentenced inmates by categories of males and females. The Captain should collect and submit the data to the Sheriff in a monthly report within 10 working days of the end of each month. 3010 Marin Main Jail II PRO 20-22 - 11 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Facility administrators shall provide the BSCC with Verified that the Jail Profile Survey along with applicable inmate demographic information as described in ☒ ☐ ☐ requested COVID data have been reported to the Jail Profile Survey. the BSCC. 1041 INMATE RECORDS 203 Records and Data Practices 205 Inmate Records (a) Each facility administrator of a Type I, II, III or IV It is the policy of this department that all facility shall develop written policies and procedures for the records shall be complete and comprehensive, maintenance of individual inmate records which shall resulting in reliable data that provides include, but not be limited to, intake information, personal information about each inmate’s period of property receipts, commitment papers, court orders, reports confinement, as well as histories of previous of disciplinary actions taken, medical orders issued by the confinement in this facility. responsible physician and staff response, and non-medical ☒ ☐ ☐ Records are maintained electronically in the information regarding disabilities and other limitations. Corrections Management System (CMS) on all persons who have been committed or assigned to this facility. If the information or records are in paper format and not part of the electronic system, then it is the responsibility of the Documentary Services Division to scan those documents received from the Jail into the electronic booking. (b) Each facility administrator shall collect accurate, 606.15 Records uniform data for every allegation of sexual abuse at facilities All case records and reports associated with a under its direct control and from other facilities with which claim of sexual abuse and sexual harassment, it contracts for the confinement of its inmates. The data including incident reports, investigative reports, collected shall include, at a minimum, the data necessary to offender information, case disposition, medical satisfy the reporting requirements of 34 U.S.C. section ☒ ☐ ☐ and counseling evaluation findings, and 30303(a)(1) (federal survey on sexual violence). recommendations for post-release treatment or counseling shall be retained in accordance with confidentiality laws. Allegations of sexual abuse are investigated by patrol and are documented in a crime report. 1044 INCIDENT REPORTS CUS 1-7 Incident Reports 806 Reports Each facility administrator shall develop written policies and All incident reports are completed and procedures for the maintenance of written records and submitted to a supervisor for review prior to the reporting of all incidents which result in physical harm, or end of each shift. Incident reports shall contain serious threat of physical harm, to an employee or inmate of the names of persons involved, a description of a detention facility or other person. ☒ ☐ ☐ the incident, action taken, and the date and time of occurrence. A sampling of 20 incident reports was reviewed and reflect that incident reports are well written containing all of the elements required. Of the sampling reviewed, all incident reports were completed and submitted as required by policy. Such records shall include the names of the persons Please see above. involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned All written reports are submitted to a supervisor to investigate the incident and submitted to the facility ☒ ☐ ☐ for review. manager or his/her designee. 3010 Marin Main Jail II PRO 20-22 - 12 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1045 PUBLIC INFORMATION PLAN 211 News Media Relations 212 Community Relations and Public Each facility administrator of a Type I, II, III or IV facility Information Plan shall develop written policies and procedures for the It is the policy of this department that the dissemination of information to the public, to other ultimate authority and responsibility for the government agencies, and to the news media. The public and release of information to the media shall remain inmates shall have available for review the following with the Sheriff. However, in situations not material: warranting immediate notice to the Sheriff and in situations where the Captain has given prior approval, the Operations Lieutenant or Public ☒ ☐ ☐ Information Officer may prepare and release information to the media in accordance with this policy and applicable law (15 CCR 1045). This policy provides guidelines to custody personnel when dealing with the general public or interested groups when requests are received to share information regarding the operations and policies of the facility (15 CCR 1045). The Captain is responsible for ensuring that the following information is public. (a) The Board of State and Community Corrections Reviewed and verified: Minimum Standards for Local Detention Facilities as found ☒ ☐ ☐ in Title 15 of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ (2) 1061, Inmate Education Plan ☒ ☐ ☐ (3) 1062, Visiting ☒ ☐ ☐ (4) 1063, Correspondence ☒ ☐ ☐ (5) 1064, Library Service ☒ ☐ ☐ (6) 1065, Exercise and Recreation ☒ ☐ ☐ (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ (8) 1067, Access to Telephone ☒ ☐ ☐ (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ (10) 1069, Inmate Orientation ☒ ☐ ☐ (11) 1070, Individual/Family Service Programs ☒ ☐ ☐ (12) 1071, Voting ☒ ☐ ☐ (13) 1072, Religious Observance ☒ ☐ ☐ (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ (15) 1080, Rules and Disciplinary Penalties ☒ ☐ ☐ (16) 1081, Plan for Inmate Discipline ☒ ☐ ☐ (17) 1082, Forms of Discipline ☒ ☐ ☐ (18) 1083, Limitations on Discipline ☒ ☐ ☐ (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ 3010 Marin Main Jail II PRO 20-22 - 13 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY 512 In-Custody Death 512.5 In-Custody Death Review (a) Death in Custody Reviews for Adults and Minors. The Sheriff is responsible for establishing a The facility administrator, in cooperation with the health team of qualified staff to conduct an administrator, shall develop written policy and procedures administrative review of every in-custody to ensure that there is an initial review of every in-custody death. At a minimum, the review team should death within 30 days. The review team shall include the ☒ ☐ ☐ include the following (15 CCR 1046(a); 15 facility administrator and/or the facility manager, the health CCR 1030): administrator, the responsible physician and other health (a) Sheriff and/or the Captain care and supervision staff who are relevant to the incident. (b) County Counsel (c) Responsible Physician, qualified health care professionals, supervisors, or other staff who are relevant to the incident Deaths shall be reviewed to determine the appropriateness of The in-custody death review should be initiated clinical care; whether changes to policies, procedures, or as soon as practicable but no later than 30 days practices are warranted; and to identify issues that require after the incident. The team should review the further study. ☒ ☐ ☐ appropriateness of clinical care, determine whether changes to policies, procedures, or practices are warranted and identify issues that require further study (15 CCR 1046(a)). (b) Death of a Minor Minors are not held in this facility. 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 the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☐ ☐ ☒ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN CUS 4-1 Initial Classification CUS 4-5 Inmate Classification Review (a) Each administrator of a temporary holding, Type I, II, or CUS-10-5 Housing Considerations III facility shall develop and implement a written All inmates are screened for classification classification plan designed to properly assign inmates to initially at the time of booking and prior to housing units and activities according to the categories of sex, housing. Subsequent screenings occur post age, criminal sophistication, seriousness of crime charged, incident, special management, or after physical or mental health needs, assaultive/non-assaultive sentencing. behavior, risk of being sexually abused, or sexually harassed The Classification Assessment Instrument was and other criteria which will provide for the safety of the reviewed and requires an interactive process inmates and staff. Such housing unit assignment shall be ☒ ☐ ☐ allowing an inmate to express concerns for their accomplished to the extent possible within the limits of the safety. Perceived or verified concerns are taken available number of distinct housing units or cells in a facility. into consideration for classification assignment, The written classification plan shall be based on objective appropriate housing, and programming. criteria and include receiving screening performed at the time Of the classification screenings reviewed, there of intake by trained personnel, and a record of each inmate's are few overrides and classification decisions classification level, housing restrictions, and housing are based on a wide variety of variables. assignments. Inmates were interviewed and stated that if they were unsatisfied or concerned with their safety, they could easily speak with classification for a security review at any time. 3010 Marin Main Jail II PRO 20-22 - 14 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each administrator of a Type II or III facility shall establish CUS 4-5 Inmate Classification Review and implement a classification system which will include the Review of special housing inmates is ongoing use of classification officers or a classification committee in and, at a minimum, once per week. Review of order to properly assign inmates to housing, work, general population inmates is ongoing and rehabilitation programs, and leisure activities. Such a plan occurs at a minimum of monthly. shall include the use of as much information as is available A sampling of classification assessments was about the inmate and from the inmate and shall provide for reviewed and was found to be consistent and a channel of appeal by the inmate to the facility ☒ ☐ ☐ appropriate. Review of special housing inmates administrator or designee. An inmate who has been is ongoing and, at a minimum, once per week. sentenced to more than 60 days may request a review of his Review of general population inmates is classification plan no more often than 30 days from his last ongoing and occurs, at a minimum, of monthly. review. Inmates can verbally request or use the written Subsection b does not apply and has been deleted. inmate request system for appealing or requesting a review of their classification status. (c) In deciding whether to assign an inmate to a housing area Please see above. for male or female inmates, and in making other housing and programming assignments, the agency 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 714 Communicable Diseases CUS-10-5 Housing Considerations The facility administrator, in cooperation with the It is the policy of this department to maintain an responsible physician, shall develop written policies and effective program that focuses on the procedures specifying those symptoms that require identification, education, immunization, segregation of an inmate until a medical evaluation is prevention, surveillance, diagnosis, medical completed. ☒ ☐ ☐ isolation (when indicated), treatment, follow-up and proper reporting to local, state, and federal agencies of communicable diseases. The program is designed to ensure that a safe and healthy environment is created and maintained for all occupants of the facility. At the time of intake into the facility, an inquiry shall be The agency Communicable disease policy was made of the person being booked as to whether or not he/she last updated on July 3, 2022 and has been has or has had any communicable diseases, such as reviewed. The policy contains protocol tuberculosis or has observable symptoms of tuberculosis or guidelines specific to the identification, any other communicable diseases, or other special medical treatment, and housing plan to mitigate the problem identified by the health authority. The response spread of pandemic disease through quarantine shall be noted on the booking form and/or screening device. ☒ ☐ ☐ and treatment. All newly booked inmates are tested for COVID and are quarantined when they exhibit symptoms, have been exposed, or test positive. All inmates are offered the opportunity to accept vaccinations while in custody and are reported to public health upon release. 3010 Marin Main Jail II PRO 20-22 - 15 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES 502 Inmate Reception 700 Medical Screening The facility administrator, in cooperation with the 719.5 Health Appraisal responsible physician, shall develop written policies and CUS 4 Sub-Classification Levels of Mental procedures to identify and evaluate all mentally disordered Health Inmates inmates, and may include telehealth. All inmates are screened at intake and are referred to medical or mental health, should an observation be made related to a mental disorder. Upon the identification of a mentally ☒ ☐ ☐ disordered inmate, a physician's opinion will be secured within 24 hours or next sick call, whichever is earliest (15 CCR 1052). The Captain should collaborate with the local public and private organizations that offer mental health services, treatment, and care to those inmates in need of such services. Marin County Mental Health provides diagnosis, treatment, and evaluation of those with mental health disorders. Transfer to the local mental health facility is at the discretion of mental health staff. If an evaluation from medical or mental health staff is not In coordination with the health authority, readily available, an inmate shall be considered mentally Responsible Physician, and Captain, services disordered for the purpose of this section if he or she appears shall include but are not limited to: to be a danger to himself/herself or others or if he/she • Identification and referral of inmates with appears gravely disabled. mental health needs. • Mental health treatment programs provided by An evaluation from medical or mental health staff shall be qualified staff or other qualified remote secured within 24 hours of identification or at the next daily services. sick call, whichever is earliest. • Crisis intervention. ☒ ☐ ☐ • Basic mental health service provided to inmates as clinically indicated. • Medication support services. • Suicide prevention. • Referral, transportation, and admission to licensed mental health facilities for inmates whose psychiatric needs exceed the treatment or housing capability of the facility (Penal Code § 4011.6; Penal Code § 4011.8). Segregation may be used if necessary to protect the safety of CUS-10-5 Housing Considerations the inmate or others. 505 Special Management Inmates 505.2 Safe Keeping This department shall provide for the secure ☒ ☐ ☐ and segregated housing of any special management inmate but shall not impose more deprivation of privileges than is necessary to obtain the objective of protecting the inmate, staff, or the public. 3010 Marin Main Jail II PRO 20-22 - 16 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION CUS 4-1 Initial Classification CUS 4-5 Inmate Classification Review Except in Type IV facilities, each facility administrator shall CUS-10-5 Housing Considerations develop written policies and procedures which provide for 505 Special Management Inmates the administrative segregation of inmates who are Administrative segregation determined to be prone to: promote activity or behavior that The physical separation of an inmate who is is criminal in nature or disruptive to facility operations; prone to: demonstrate influence over other inmates, including (a) Promote activity or behavior that is criminal influence to promote or direct action or behavior that is in nature or disruptive to facility operations. criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation (b) Demonstrate influence over other inmates, of the facility; escape; assault, attempted assault, or ☒ ☐ ☐ including influence to promote or direct action participation in a conspiracy to assault or harm other inmates or behavior that is criminal in nature or or facility staff; or likely to need protection from other disruptive to the safety and security of other inmates, if such administrative segregation is determined to inmates or facility staff, as well as to the safe be necessary in order to obtain the objective of protecting operation of the facility. the welfare of inmates and staff. (c) Escape. (d) Assault staff or other inmates or participate in a conspiracy to assault or harm them. (e) Displays behavior which could result in the destruction of property. (f) Is a security threat. (g) Need protection from other inmates Administrative segregation shall consist of separate and Inmates are generally assigned to separate secure housing but shall not involve any other deprivation of housing through the classification process when privileges than is necessary to obtain the objective of it reasonably appears necessary to protect the protecting the inmates and staff. inmate or others. ☒ ☐ ☐ During the onsite physical plant inspection, all cells were observed to be furnished with alike fixtures and those housed in cells for separation are not deprived of privileges or programming consistent with their classification. 1055 USE OF SAFETY CELL CUS 2-18 Safety Cell Use 505 Special Management Inmates The safety cell described in Title 24, Part 2, Section 515 Safety and Sobering Cells 1231.2.5, shall be used to hold only those inmates who When an inmate or arrestee is placed in the display behavior which results in the destruction of property safety cell, the Sergeant shall be immediately or reveals an intent to cause physical harm to self or others. notified and will authorize continued use. Medical staff will be immediately notified whenever an inmate is placed into the safety cell. Mental Health staff shall also be immediately ☒ ☐ ☐ notified and advised whether the placement is suicidal or behavioral in nature. Direct visual observation is conducted at least twice every thirty minutes. The time of observation will be noted on the Safety Cell Observation Report. A sampling of 20 Safety Cell Observation Reports was reviewed and reflect that safety checks were timely, justification was clearly articulated, all approvals and assessments were obtained immediately, and periods of retention were approved, detailed, and timely. 3010 Marin Main Jail II PRO 20-22 - 17 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility administrator, in cooperation with the Placement of an inmate into a safety cell responsible physician, shall develop written policies and requires approval of the Lieutenant, Booking ☒ ☐ ☐ procedures governing safety cell use and may delegate Sergeant, Housing Sergeant, his designee or by authority to place an inmate in a safety cell to a physician. the Responsible physician. In no case shall the safety cell be used for punishment or as A sobering or safety cell shall not be used as ☒ ☐ ☐ a substitute for treatment. punishment or as a substitute for treatment. An inmate shall be placed in a safety cell only with the A safety check consisting of direct visual approval of the facility manager or designee, or responsible observation that is sufficient to assess the health care staff; continued retention shall be reviewed a inmate’s well-being and behavior shall occur minimum of every four hours. twice every 30 minutes. Each safety check of the inmate shall be documented. Supervisors shall inspect the logs ☒ ☐ ☐ for completeness every four hours and document this action on the safety cell log. A sampling of 20 Safety Cell Observation Reports were reviewed and reflect that safety checks and approvals for retention were completed and documented within the required timeframe. A medical assessment shall be completed within a maximum Of the sampling reviewed, a medical of 12 hours of placement in the safety cell or at the next daily ☒ ☐ ☐ assessment was obtained at the time of sick call, whichever is earliest. placement. The inmate shall be medically cleared for continued Safety Cell Observation Reports reflect that retention every 24 hours thereafter. ☒ ☐ ☐ inmates are medically cleared for continued retention, in practice, every 4-6 hours. The facility manager, designee or responsible health care Of the sampling reviewed, a medical staff shall obtain a mental health opinion/consultation with assessment was obtained at the time of ☒ ☐ ☐ responsible health care staff on placement and retention, placement. which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice A sampling of 20 Safety Cell Observation every thirty minutes. Such observation shall be documented. Reports was reviewed and reflect that safety ☒ ☐ ☐ checks completed and documented within the required timeframes. Procedures shall be established to assure administration of Inmates in safety cells shall be given the necessary nutrition and fluids. opportunity to have fluids (water, juices) at least every two hours and given upon request. Deputies shall provide the fluids in paper cups. The inmates shall be given sufficient time to drink the fluids prior to the cup being removed. Each time an inmate is provided the opportunity to drink fluids will be documented on the safety cell log. Inmates will be provided meals during each ☒ ☐ ☐ meal period. Meals will be finger foods served on paper plates or in other safe containers, and the inmates will be monitored while eating the meals. Inmates shall be given ample time to complete their meals prior to the plate or container being removed. All meals provided to inmates in safety cells will be documented on the safety cell log. Of the sampling of logs reviewed, this is occurring and is documented. 3010 Marin Main Jail II PRO 20-22 - 18 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Inmates shall be allowed to retain sufficient clothing, or be Inmates are provided with a modesty garment provided with a suitably designed “safety garment,” to when placed into a safety cell. provide for their personal privacy unless specific identifiable ☒ ☐ ☐ This was verified through a review of logs risks to the inmate's safety or to the security of the facility where this is indicated and through observation are documented. during the onsite physical plant inspection. 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 the holding of inmates who are a This facility will employ the use of safety and threat to their own safety or the safety of others due to their sobering cells to protect inmates from injury or state of intoxication and pursuant to written policies and to prevent the destruction of property by an procedures developed by the facility administrator. inmate in accordance with applicable law. A sobering or safety cell shall not be used as ☒ ☐ ☐ punishment or as a substitute for treatment. Persons may be placed in the sobering cell when they are under the influence of alcohol and/or drugs. A sampling of 20 sobering logs was reviewed and were found to be complete with articulated behavior, timely safety checks, approvals for placement and retention, and medical evaluation. Such inmates shall be removed from the sobering cell as Inmates will be removed from the sobering cell they are able to continue in the processing. when they no longer pose a threat to their own safety and the safety of others and are able to ☒ ☐ ☐ continue the booking process. The sampling of sobering logs reflects that this is occurring. There was no prolonged use of a sobering cell. In no case shall an inmate remain in a sobering cell over six Qualified health care professionals shall assess hours without an evaluation by a medical staff person or an the medical condition of the inmate in the evaluation by custody staff, pursuant to written medical sobering cell at least every four and twelve procedures in accordance with section 1213 of these ☒ ☐ ☐ hours. regulations, to determine whether the prisoner has an urgent Of the logs reviewed, there was no instance of medical problem. an inmate remaining in a sobering cell for longer than 6 hours. At 12 hours from the time of placement, all inmates will Inmates receive a medical evaluation at the receive an evaluation by responsible health care staff. ☒ ☐ ☐ time of placement into a sobering cell. Intermittent direct visual observation of inmates held in the A safety check consisting of direct visual sobering cell shall be conducted no less than every half hour. observation that is sufficient to assess the Such observation shall be documented. inmate’s well-being and behavior shall occur at least once every 30 minutes on an irregular schedule. Each visual observation of the inmate by staff shall be documented. Supervisors shall ☒ ☐ ☐ check the logs for completeness every two hours and document this action on the sobering cell log. A sampling of 20 sobering logs was reviewed and were found to be complete with timely safety checks. 3010 Marin Main Jail II PRO 20-22 - 19 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED 602 Inmates with Disabilities INMATES 502 Inmate Reception 700 Medical Screening The facility administrator, in cooperation with the 719.5 Health Appraisal responsible physician, shall develop written policies and CUS 4 Sub-Classification Levels of Mental procedures for the identification and evaluation, appropriate Health Inmates classification and housing, protection, and All inmates are screened at intake and are nondiscrimination of all developmentally disabled inmates. referred to medical or mental health should an observation be made related to a developmental disability. The Captain, in coordination with the Responsible Physician and the ADA Coordinator (see Accessibility - Facility and Equipment Policy), will establish written procedures to assess and reasonably accommodate disabilities of inmates. The procedures will include, but not be limited ☒ ☐ ☐ to: Establishing housing areas that are equipped to meet the physical needs of disabled inmates, including areas that allow for personal care and hygiene in a reasonably private setting and for reasonable interaction with inmates. Establishing classification criteria to make housing assignments to inmates with disabilities. Assigning individuals with adequate training to assist disabled inmates with basic life functions as needed. Establishing guidelines for the accommodation of individuals who are deaf or hard of hearing, have common disabilities such as sight and mobility impairments, developmental disabilities, and common medical issues, such as epilepsy. The health authority or designee shall contact the regional Identification and evaluation of all center on any inmate suspected or confirmed to be developmentally disabled inmates, including developmentally disabled for the purposes of diagnosis contacting the regional center for the and/or treatment within 24 hours of such determination, ☒ ☐ ☐ developmentally disabled to assist with excluding holidays and weekends. diagnosis and/or treatment within 24 hours of identification, excluding holidays and weekends. 3010 Marin Main Jail II PRO 20-22 - 20 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES 510 Use of Restraints Restraints shall be used only to prevent self- The facility administrator, in cooperation with the injury, injury to others, or property damage. responsible physician, shall develop written policies and Restraints shall never be used for retaliation or procedures for the use of restraint devices and may delegate as punishment. Restraints shall not be utilized authority to place an inmate in restraints to a responsible any longer than is reasonably necessary to health care staff. control the inmate. Restraints are to be applied only when less restrictive methods of ☒ ☐ ☐ controlling the dangerous behavior of an inmate have failed or appear likely to fail. Each incident where restraints are used shall be documented by the handling staff member and placed in the appropriate file prior to the end of the staff member's shift. There was a single use of a restraint chair during this inspection cycle. In addition to the areas specifically outlined in this Reviewed the agency policy and documentation regulation, at a minimum, the policy shall address the to verify the following requirements of this ☒ ☐ ☐ following areas: regulation: acceptable restraint devices; signs or symptoms which should result in immediate A medical referral is made immediately upon ☒ ☐ ☐ medical/mental health referral; placing an inmate into a sobering cell. availability of cardiopulmonary resuscitation equipment; During the physical plant inspection, ☒ ☐ ☐ Cardiopulmonary resuscitation equipment was observed to be located throughout the facility. protective housing of restrained persons; Restrained persons are placed into a safety cell ☒ ☐ ☐ for constant observation. provision for hydration and sanitation needs; and Inmates who are confined in restraints shall be offered water at least every two hours. Provisions shall be made to accommodate any toileting needs as necessary. Food shall be offered during normal meal periods. Offering food and hydration to inmates will be documented to include the time, the name of the person offering the food or water, and the ☒ ☐ ☐ inmate’s response (receptive, rejected). Inmates may be provided the opportunity to clean themselves or their clothing while they are in restraints. During this inspection cycle, there was a single use of the restraint chair. The placement duration was less than one hour and did not require the offering of hydration, toileting, nutrition, or exercise of extremities. exercising of extremities. Inmates placed in restraints for longer than two hours should receive a range-of-motion ☒ ☐ ☐ procedure that will allow for the movement of the extremities. In no case shall restraints be used for punishment or as a Restraints shall not be used as punishment, substitute for treatment. placed around a person's neck, or applied in a way that is likely to cause undue physical discomfort or restrict blood flow or breathing. ☒ ☐ ☐ The single use of the restraint chair was reviewed and was found to be an appropriate tactic to temporarily control inmate movement and safely de-escalate inmate behavior. 3010 Marin Main Jail II PRO 20-22 - 21 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Restraint devices shall only be used on inmates who display Restraint devices, such as restraint chairs, shall behavior which results in the destruction of property or only be used on an inmate when it reasonably reveal an intent to cause physical harm to self or others. appears necessary to overcome resistance, Restraint devices include any devices which immobilize an prevent escape, or bring an incident under inmate's extremities and/or prevent the inmate from being control, thereby preventing injury to the inmate ☒ ☐ ☐ ambulatory. or others, or eliminating the possibility of property damage. Restraints shall not be utilized any longer than is reasonably Physical restraints should be utilized only when it appears necessary. less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval Supervisors shall proactively oversee the use of of the facility manager, the facility watch commander, restraints on any inmate. Whenever feasible, responsible health care staff; continued retention shall be the use of restraints, other than routine use reviewed a minimum of every hour. during transfer, shall require the approval of a Sergeant prior to application. The specific reasons for the continued need for ☒ ☐ ☐ restraints shall be reviewed, documented, and approved by the Booking or Housing Sergeant at least once every hour. Of the documentation reviewed, the single use of the restraint chair was approved, documented, and medical staff was onsite during the placement. A medical opinion on placement and retention shall be Within one hour of placement in restraints, a secured within one hour from the time of placement. qualified health care professional shall ☒ ☐ ☐ document an opinion regarding the placement and retention of the restraints. A medical assessment shall be completed within four hours As soon as practicable, but within four hours of of placement. placement in restraints, the inmate shall be medically assessed to determine whether he/she has a serious medical condition that is being masked by the aggressive behavior. The ☒ ☐ ☐ medical assessment shall be a face-to-face evaluation by a qualified health care professional. In practice, and during the review of documentation, BSCC verified that a medical assessment occurs at the time of placement. If the facility manager, or designee, in consultation with As soon as practicable, but within eight hours responsible health care staff determines that an inmate of placement in restraints, the inmate must be cannot be safely removed from restraints after eight hours, evaluated by a mental health professional to the inmate shall be taken to a medical facility for further assess whether the inmate needs immediate evaluation. and/or long-term mental health treatment. If the Booking or Housing Sergeant, or the authorized ☒ ☐ ☐ designee, in consultation with responsible mental health care staff, determines that an inmate cannot be safely removed from restraints after eight hours, the inmate shall be taken to a medical (mental health) facility for further evaluation. 3010 Marin Main Jail II PRO 20-22 - 22 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Direct visual observation shall be conducted at least twice Staff members shall conduct direct face-to-face every thirty minutes to ensure that the restraints are properly observation at least twice every 30 minutes to employed, and to ensure the safety and well-being of the check the inmate’s physical well-being and inmate. Such observation shall be documented. behavior. All checks shall be documented, with the actual time recorded by the person doing the observation, along with a description of the ☒ ☐ ☐ inmate's behavior. Any actions taken should also be noted in the log. The log used for the restraint chair placement was reviewed along with all associated documentation. The restrained person was in clear sight and safety checks were documented within the required timeframes. While in restraint devices all inmates shall be housed alone Restrained inmates should be protected from or in a specified housing area for restrained inmates which abuse by other inmates. Under no makes provisions to protect the inmate from abuse. circumstances will restrained inmates be housed with inmates who are not in restraints. In most instances, restrained inmates are ☒ ☐ ☐ housed alone or in an area designated for restrained inmates. In practice, inmates that are placed into a restraint chair are placed into a safety cell for direct observation. Please see above for verification. 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 510 Use of Restraints 510.8 Pregnant Inmates The facility administrator, in cooperation with the Restraints will not be used on inmates who are responsible physician, shall develop written policies and known to be pregnant unless based on an procedures for the use of restraint devices on pregnant individualized determination that restraints are inmates. In accordance with Penal Code 3407 the policy reasonably necessary for the legitimate safety shall include reference to the following: and security needs of the inmate, the staff, or the public. Should restraints be necessary, the restraints shall be the least restrictive available and the most reasonable under the circumstances. Inmates who are known to be ☒ ☐ ☐ pregnant will not be handcuffed behind their backs or placed in waist restraints or leg irons. Once pregnancy has been confirmed, a pregnant inmate should be advised of the policies and procedures regarding the restraint of pregnant inmates. There were no instances of a pregnant female being placed into restraints other than mechanical restraints in front of the body where they were used for the sole purpose of movement. (1) An inmate known to be pregnant or in recovery after Inmates who are known to be pregnant will not delivery shall not be restrained by the use of leg irons, waist be handcuffed behind their backs or placed in ☒ ☐ ☐ chains, or handcuffs behind the body. waist restraints or leg irons. Verified, please see above. (2) A pregnant inmate in labor, during delivery, or in No inmate who is in labor, delivery, or recovery after delivery, shall not be restrained by the wrists, recovery from a birth shall be restrained by the ☒ ☐ ☐ ankles, or both, unless deemed necessary for the safety and use of leg restraints/irons, waist security of the inmate, the staff, or the public. restraints/chains, or handcuffs behind the body. 3010 Marin Main Jail II PRO 20-22 - 23 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional who is Restraints shall be removed when medical staff currently responsible for the medical care of a pregnant responsible for the medical care of the pregnant inmate during a medical emergency, labor, delivery, or ☒ ☐ ☐ inmate determines that the removal of restraints recovery after delivery determines that the removal of is medically necessary. restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall Once pregnancy has been confirmed, a be advised, orally or in writing, of the standards and policies pregnant inmate should be advised of the governing pregnant inmates. policies and procedures regarding the restraint ☒ ☐ ☐ of pregnant inmates. There were no pregnant inmates in custody on the date of the physical plant inspection. 1059 USE OF REASONABLE FORCE TO 300 Use of Force COLLECT DNA SPECIMENS, SAMPLES, 516 Biological Samples IMPRESSIONS The Marin County Sheriff's Office will assist in the expeditious collection of required biological (a) Pursuant to Penal Code Section 298.1, authorized law samples from arrestees and offenders in enforcement, custodial, or corrections personnel including accordance with the laws of this state and with ☒ ☐ ☐ peace officers, may employ reasonable force to collect blood as little reliance on force as practicable. specimens, saliva samples, or thumb or palm print There were no instances of force being used to impressions from individuals who are required to provide collect any type of biological sample during such samples, specimens or impressions pursuant to Penal this inspection cycle. In practice, inmates are Code Section 296 and who refuse following written or oral transported to the hospital when force is request. necessary. (1) For the purpose of this regulation, the “use of 300 Use of Force reasonable force” shall be defined as the force that an The Marin County Sheriff’s Office is dedicated objective, trained and competent correctional to upholding the Constitution and enforcing employee, faced with similar facts and circumstances, State and local laws in a fair, impartial, and would consider necessary and reasonable to gain ethical manner. The Sheriff’s Office recognizes compliance with this regulation. that the authority to use physical force is a serious responsibility that shall be exercised ☒ ☐ ☐ judiciously and with respect for all human rights and for the sanctity of human life. The Law Enforcement Code of Ethics requires all sworn law enforcement officers to carry out their duties with courtesy, respect, professionalism, and to never employ unnecessary force. (2) The use of reasonable force shall be preceded by If an inmate refuses to cooperate with the efforts to secure voluntary compliance. Efforts to secure sample collection process, deputies should voluntary compliance shall be documented and include attempt to identify the reason for refusal and ☒ ☐ ☐ an advisement of the legal obligation to provide the seek voluntary compliance without resorting to requisite specimen, sample or impression and the using force. consequences of refusal. (b) The force shall not be used without the prior written Force will not be used in the collection of authorization of the facility watch commander on duty. The samples except as authorized by court order or authorization shall include information that reflects the fact ☒ ☐ ☐ approval of legal counsel with the approval of that the offender was asked to provide the requisite the Captain or authorized designee. specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell extraction, A video recording shall be made any time force the extraction shall be videotaped, including audio. Video is used to obtain a biological sample. The shall be directed at the cell extraction event. The videotape recording should document all staff shall be retained by the agency for the length of time participating in the process, in addition to the required by statute. Notwithstanding the use of the video as ☒ ☐ ☐ methods and all force used during the evidence in a criminal proceeding, the tape shall be retained collection. The recording should be part of the administratively. investigation file, if any, or otherwise retained in accordance with the department’s established records retention schedule. 3010 Marin Main Jail II PRO 20-22 - 24 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1061 INMATE EDUCATION PROGRAM 1005 Inmate Educational, Vocational and Rehabilitation Programs The facility administrator of any Type II or III facility shall This department provides educational and plan and shall request of appropriate public officials an vocational programs that are designed to help inmate education program. inmates improve personal skills, assist in their social development, and improve inmate ☒ ☐ ☐ employability after release. The agency offers a wide variety of inmate programs. The delivery of inmate programming has been modified during this inspection cycle due to the pandemic and efforts to mitigate exposure. When such services are not made available by the Please see above. appropriate public officials, then the facility administrator ☒ ☐ ☐ shall develop and implement an education program with available resources. Such a plan shall provide for the voluntary academic and/or Programming is available to all inmates. ☒ ☐ ☐ vocational education of housed inmates. Reasonable criteria for program eligibility shall be CUS 4-1 Initial Classification established and an inmate may be excluded or removed CUS 4-5 Inmate Classification Review based on sound security practices or failure to abide by CUS-10-5 Housing Considerations facility rules and regulations. ☒ ☐ ☐ Programming in some instances is reliant upon the inmate classification status and their ability to participate in a way that is conducive to the housing environment. 1062 VISITING 1010 Inmate Visitation The purpose of this policy is to establish rules (a) The facility administrator shall develop written policies for visitation and to provide a process for and procedures for inmate visiting which shall provide for inmate visits and visitors. as many visits and visitors as facility schedules, space, and It is the policy of the Marin County Sheriff's number of personnel will allow. Office to allow inmate visitation, including ☒ ☐ ☐ video visitation when applicable, as required by law. Although visitation, at times, was modified during this inspection cycle, inmate visitation has continued and been augmented with video visitation and postage free written communication. (TYPE II ONLY) Inmates are allowed a minimum of one hour of All inmates in Type II facilities are allowed at least two ☒ ☐ ☐ in-person visitation per week. This may be visits totaling at least one hour per inmate each week. divided into two thirty minute in-person visits. Video visitation is available and is unlimited. (TYPE III ONLY) Inmates in Type III facilities are allowed one or more ☐ ☐ ☒ visits, totaling at least one hour per week. (c) The visiting policies developed pursuant to this section A maximum of two adults and two children shall include provision for visitation by minor children of will be permitted to visit an inmate at any one the inmate. ☒ ☐ ☐ time. Children visiting inmates must be deemed age appropriate by the parent or guardian accompanying the child. 3010 Marin Main Jail II PRO 20-22 - 25 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Video visitation may be used to supplement existing Video visitation is available and is used to visitation programs, but shall not be used to fulfill the augment in-person visitation. Video visitation requirements of this section if in-person visitation is is not intended to replace in-person visitation. requested by an inmate. ☒ ☐ ☐ During this inspection cycle, there were occasions where in-person visitation was modified or suspended as per public health orders to mitigate the spread of COVID. (e) Facilities shall not charge for visitation when visitors are Onsite video visitation is free of charge. onsite and participating in either in-person or video There were modifications to convenience fees ☒ ☐ ☐ visitation. For purposes of this subsection, “onsite” is associated with remote video visitation during defined as the location where the inmate is housed. this inspection cycle due to COVID. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or ☐ ☐ ☒ (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video ☐ ☐ ☒ visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1 (June 2017) Mode of visitation; In-person contact visitation without barrier In-person non-contact visitation with barrier Video visitation Visitation hours; Sunday-Saturday 0900-2200 hrs. Visitation hours were, at times, modified during this inspection cycle due to COVID. Time inmates are allowed for visitation; and, One hour or two half hour visits per week. Video visitation is unlimited. Any restrictions on inmate visitation. Disciplinary separation COVID quarantine (In-Person) 1063 CORRESPONDENCE 1008 Inmate Mail Inmates may, at their own expense, send and The facility administrator shall develop written policies and receive mail without restrictions on quantity, procedures for inmate correspondence which provide that: provided it does not jeopardize the safety of staff, visitors, or other inmates, or pose an unreasonable disruption to the orderly operation ☒ ☐ ☐ of the facility. During this inspection cycle, writing implements and postage free mailings were accessible to encourage communication with family and friends during the height of the COVID pandemic. (a) there is no limitation on the volume of mail that an inmate Inmates are only allowed to store a limited may send or receive; amount of mail in their cells due to fire ☒ ☐ ☐ concerns as determined by the Captain. Excess mail will be stored with the inmate’s personal property and returned at his/her release. 3010 Marin Main Jail II PRO 20-22 - 26 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) inmate correspondence may be read when there is a Facility staff may inspect incoming confidential valid security reason and the facility manager or his/her correspondence for contraband. Facility staff designee approves; may inspect outgoing confidential correspondence for contraband before it is sealed, provided the inspection is completed in the presence of the inmate. In the event that confidential correspondence is inspected, staff ☒ ☐ ☐ shall limit the inspection to a search for physical items that may be included in addition to the correspondence and shall not read the content of the correspondence itself. Inmates were interviewed during the physical plant inspection and reported that there were no instances of mail being withheld or improperly read. (c) jail staff shall not review inmate correspondence to or Please see above. from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may ☒ ☐ ☐ open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the inmate; (d) inmates may correspond, confidentially, with the Inmates may correspond confidentially with facility manager or the facility administrator; and, courts, legal counsel, officials of this ☒ ☐ ☐ department, elected officials, the Department of Corrections, jail inspectors, government officials, or officers of the court. (e) those inmates who are without funds shall be permitted Indigent inmates shall receive an amount of at least two postage paid envelopes and two sheets of paper pre-stamped envelopes and writing paper each week to permit correspondence with family members sufficient to maintain communication with and friends but without limitation on the number of postage family members, friends, courts, legal counsel, paid envelopes and sheets of paper to his or her attorney officials of this department, elected officials, and to the courts. jail inspectors, government officials, and officials of the Board of State and Community Corrections. ☒ ☐ ☐ There shall be no limitation on the number of postage-paid envelopes and sheets of paper permitted for correspondence to the indigent inmate’s attorney and to the courts. Inmates were interviewed during the physical plant inspection and reported that they are able to communicate with counsel verbally and in writing. The number of postage free envelopes for official correspondence is unlimited. 1064 LIBRARY SERVICES 1007 Library Services The Captain or the authorized designee is The facility administrator shall develop written policies and responsible for the administration of the library procedures for library service in all Type II, III, and IV services and should appoint a capable member facilities. The scope of such service shall be determined by to serve as librarian to run the daily library the facility administrator. The library service shall include operations. The library services shall include access to legal reference materials, current information on ☒ ☐ ☐ access to legal reference materials, current community services and resources, and religious, information on community services and educational, and recreational reading material. In Type IV resources, and religious, educational, and facilities such a program can be either in-house or provided recreational reading materials. through access to the community. All inmates shall have reasonable access to the legal system, which may include access to legal reference materials. Pro per inmates shall have priority regarding access to legal publications. 3010 Marin Main Jail II PRO 20-22 - 27 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1065 EXERCISE AND RECREATION 1004 Inmate Exercise and Recreation Each inmate shall have access to the minimum (a) The facility administrator of a Type II or III facility shall state-required recreational (leisure-time) develop written policies and procedures for an exercise and activities outside the cell and adjacent dayroom recreation program, in an area designed for recreation, areas. The length of time will be determined by which will allow a minimum of three hours of exercise the inmate’s classification status, security distributed over a period of seven days. Such regulations as concerns, and operational schedules that are reasonable and necessary to protect the facility's security preclude recreation during a period of time and the inmates' welfare shall be included in such a program. (e.g., meal-time, searches, lockdown, court). The staff should ensure that the maximum time possible is provided to the inmates for this ☒ ☐ ☐ purpose. At least three hours per week of exercise opportunities shall be provided. Due to the pandemic, exercise, and recreation schedules, were, at times, modified to mitigate the exposure and spread of COVID. Inmates were interviewed during the onsite physical plant inspection and reported that during the pandemic, access to group recreation was limited but exercise and recreation continued with a modified schedule. 1066 BOOKS, NEWSPAPERS, PERIODICALS, 1008 Inmate Mail AND WRITINGS 1008.7 Books, Magazines, Newspapers and Periodicals The facility administrator of a Type II or III facility shall Inmates are permitted to purchase, receive, and develop written policies and procedures which will permit read any book, newspaper, periodical or writing inmates to purchase, receive and read any book, newspaper, accepted for distribution by the U. S. Postal periodical, or writing accepted for distribution by the United ☒ ☐ ☐ Service. States Postal Service. Nothing herein shall be construed as Publications, magazines, or newspapers shall be limiting the right of a facility administrator to: accepted only if they are mailed directly from the publisher to a named inmate. A local daily newspaper in general circulation, including a non-English publication shall be made available to interested inmates. (1) exclude any publications or writings based on any 1008.8 Rejection of Magazines and legitimate penological interest; Periodicals The Department may reject magazines, periodicals, and other materials that may inhibit the reasonable safety, security, and discipline in ☒ ☐ ☐ the daily operation of this facility. Materials that may be rejected include but are not limited to: Any material with content that could reasonably demonstrate a legitimate government interest in rejecting the material. 3010 Marin Main Jail II PRO 20-22 - 28 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) exclude obscene publications or writings, and mail Materials that may be rejected include but are containing information concerning where, how, or from not limited to: whom such matter may be obtained; and any matter of • Materials that advocate violence or a security a character tending to incite murder, arson, riot, violent breach. racism, or any other form of violence; any matter of a • Literature that could incite racial unrest. character tending to incite crimes against children; any • Sexually explicit material, including matter concerning unlawful gambling or an unlawful pornographic magazines, nude pictures, or lottery; the manufacture or use of weapons, narcotics, pictures or descriptions of sexually explicit or explosives; or any other unlawful activity; activities. • Obscene publications or writings and mail containing information concerning where or how such matter may be obtained; any material ☒ ☐ ☐ that would have a tendency to incite murder, arson, riot, violent racism, or any other form of violence; any material that would have a tendency to incite crimes against children; any material concerning unlawful gambling or an unlawful lottery; any material containing information on the manufacture or use of weapons, narcotics, or explosives or any other unlawful activity. • Material that could lead to sexual aggression or an offensive environment for inmates. • Material that could create a hostile or offensive work environment. (3) open and inspect any publications or packages In making the determination of whether to received by an inmate; and censor incoming non-confidential ☒ ☐ ☐ correspondence, consideration shall be given to whether rejecting the material is rationally related to a legitimate government interest. (4) restrict the number of books, newspapers, Each inmate is allowed to have no more than periodicals, or writings the inmate may have in his/her five books at any given time. cell or elsewhere in the facility at one time. ☒ ☐ ☐ The volume of acceptable mail or writings is unlimited as long as a fire concern does not exist. 3010 Marin Main Jail II PRO 20-22 - 29 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE 1009 Inmate Telephone Access Inmates housed in general population will be The facility administrator shall develop written policies and permitted reasonable access to public procedures which allow reasonable access to a telephone telephones at scheduled times in the dayrooms beyond those telephone calls which are required by Section for collect calls unless such access may cause 851.5 of the Penal Code. an unsafe situation for the facility, staff, or other inmates. Inmates who are housed in high-security or administrative segregation may use the public telephones in the dayroom during the time allocated for that classification of inmate to utilize that space. ☒ ☐ ☐ At all times through the period of custody, whether the inmate has been charged, tried, convicted, or is serving an executed sentence, reasonable and non-recorded telephone access to an attorney shall be provided to the inmate at no charge to either the attorney or to the inmate, in accordance with the Inmate Access to Courts and Counsel Policy. Inmates were interviewed during the onsite physical plant inspection and reported that access to telephones was not impacted by the pandemic, and, in-fact, telephone calls and video visitation were, at times, free of charge. 1068 ACCESS TO COURTS AND COUNSEL 603 Inmate Access to Courts and Counsel Access to courts and legal counsel may occur The facility administrator shall develop written policies and through court-appointed counsel, attorney or procedures to ensure inmates have access to the court and to legal assistant visits, telephone conversations or legal counsel. Such access shall consist of: written communication. ☒ ☐ ☐ Access to counsel was modified during the pandemic to mitigate the exposure and spread of COVID 19. Telephone calls, video visitation, and written correspondence were unlimited and free of charge. In person access was only limited during times of public health restrictions for access into the jail facility. (a) unlimited mail as provided in Section 1063 of these 1008 Inmate Mail regulations, and, ☒ ☐ ☐ The volume of written correspondence with counsel is unlimited. (b) confidential consultation with attorneys. All communication between inmates and their attorneys is confidential, including telephone ☒ ☐ ☐ conversations, written communication, and video conferencing. 1069 INMATE ORIENTATION 1069 Inmate Orientation All inmates are provided with an Inmate In Type II, III, and IV facilities, the facility administrator Orientation Handbook. Rules and procedures shall develop written policies and procedures for the ☒ ☐ ☐ are also accessible on the inmate tablets and implementation of a program reasonably understandable to include the following: inmates designed to orient a newly received inmate at the time of placement in a living area. Such a program shall be published and include, but not be Reviewed and verified that the following are ☒ ☐ ☐ limited to, the following: contained in the Inmate Orientation Rule Book. (1) correspondence, visiting, and telephone usage rules; ☒ ☐ ☐ (2) rules and disciplinary procedures; ☒ ☐ ☐ (3) inmate grievance procedures; ☒ ☐ ☐ 3010 Marin Main Jail II PRO 20-22 - 30 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) programs and activities available and method of ☒ ☐ ☐ application; (5) medical services; ☒ ☐ ☐ (6) classification/housing assignments; ☒ ☐ ☐ (7) court appearance where scheduled, if known; ☒ ☐ ☐ (8) voting, including registration; and, ☒ ☐ ☐ (9) zero tolerance policy against sexual abuse and ☒ ☐ ☐ sexual harassment. 1070 INDIVIDUAL/FAMILY SERVICE 502 Inmate Reception PROGRAMS 711 Mental Health Services 723 Continuation of Care The facility administrator of a Type II, III, or IV facility shall Inmates who have been determined to be, in develop written policies and procedures which facilitate need of ongoing mental health services after cooperation with appropriate public or private agencies for their release from this facility should be individual and/or family social service programs for provided with information about community inmates. Such a program shall utilize the services and mental health treatment resources. resources available in the community and may be in the form Arrangements for more comprehensive mental of a resource guide and/or actual service delivery. health care may be made, if appropriate. ☒ ☐ ☐ Inmates determined to be in need of substance abuse treatment services should be informed of the facility programs available and shall be provided information about community substance abuse treatment resources. There were some modifications during this inspection cycle due to the availability of providers during the height of the pandemic. Referrals and resources have continued with a modified process for the delivery of services. Referrals to public health were not interrupted. The range and source of such services shall be at the Individual treatment plans are used to guide discretion of the facility administrator and may include: treatment for episodes of illness. The format for (a) risk and needs assessments; treatment planning may vary, but should include, at a minimum: (b) best practices in: 1. The frequency of follow-up for medical (1) individual, group and/or family counseling; evaluation and adjustment of treatment (2) drug and alcohol abuse counseling; modality. (3) cognitive behavioral interventions; 2. The type and frequency of diagnostic testing (4) vocational testing and counseling; and therapeutic regimens. (5) employment counseling; 3. When appropriate, instructions about diet, (c) referral to community resources and programs; exercise, adaptation to the correctional (d) reentry planning and service development; environment, and medication. ☒ ☐ ☐ (e) legal assistance; Inmates identified as developmentally disabled (f) regional center services for the developmentally shall be considered for discharge planning disabled; and, services. (g) community volunteers. Patients with serious mental health issues, including those receiving psychotropic medication, will be informed about community options for continuing treatment and provided with follow-up appointments when possible. The Responsible Physician or Health Authority is responsible for ensuring that local site- specific procedures facilitate discharge planning. 3010 Marin Main Jail II PRO 20-22 - 31 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1071 VOTING 610 Inmate Voting Inmates who have not been convicted of a The facility administrator of a Type I (holding sentenced felony and are in custody during trial continue inmate workers) II, III or IV facility shall develop written to have the right to vote. Except for individual policies and procedures whereby the county registrar of inmates who have lost the right to vote, voters allows qualified voters to vote in local, state, and sentenced inmates also maintain this right. federal elections, pursuant to election codes. Because inmates are unable to access public voting polls, the county registrar of voters allows qualified inmates to vote in local, state, ☒ ☐ ☐ and federal elections, pursuant to election codes. Inmates are advised of voting methods during the inmate orientation. Inmates were interviewed during the physical plant inspection and stated that they were aware of processes for voting and voter registration. The agency partners with the Office of Voter registration and offers registration and voting to all qualified inmates. 1072 RELIGIOUS OBSERVANCES 1012 Religious Programs Inmates are permitted to engage in the lawful The facility administrator of a Type I, II, III or IV facility practices and observances of their sincerely shall develop written policies and procedures to provide held religious beliefs consistent with the opportunities for inmates to participate in religious services, legitimate governmental objectives of the practices and counseling on a voluntary basis. facility. ☒ ☐ ☐ Due to the pandemic, the delivery of religious programs has been modified. Religious meal service has not been interrupted. Inmates were interviewed during the physical plant inspection and stated that religious diets were not interrupted during the pandemic. 1073 INMATE GRIEVANCE PROCEDURE 609 Grievances Any inmate may file a grievance relating to (a) Each administrator of a Type II, III, or IV facility and conditions of confinement, which includes Type I facilities which hold inmate workers shall develop release date, housing, medical care, food written policies and procedures whereby any inmate may services, hygiene and sanitation needs, appeal and have resolved grievances relating to any recreation opportunities, classification actions, conditions of confinement, including but not limited to: disciplinary actions, program participation, medical care; classification actions; disciplinary actions; telephone and mail use procedures, visiting program participation; telephone, mail, and visiting procedures, and allegations of sexual abuse. procedures; and food, clothing, and bedding. A sampling of 20 inmate grievances were Such policies and procedures shall include: ☒ ☐ ☐ reviewed and reflect that grievances are processed according to policy and responses appear to be appropriate. Of the grievances reviewed, few were appealed, however, those that were, were responded to by an operations lieutenant. Inmates were interviewed during the onsite physical plant inspection and stated that access to the grievance process was not interrupted during the pandemic and that they were aware of how to obtain and submit a grievance when necessary. (1) a grievance form or instructions for registering a Instructions for accessing and submitting a grievance; grievance are included in the inmate orientation and printed in the Inmate Orientation ☒ ☐ ☐ Handbook. They are accessible on the inmate tablet and instructions appear on the grievance form. 3010 Marin Main Jail II PRO 20-22 - 32 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) resolution of the grievance at the lowest appropriate Staff shall attempt to informally resolve all staff level; grievances at the lowest level. Attempts to ☒ ☐ ☐ resolve a grievance may be documented in the inmate’s file. If there is no resolution at this level, the inmate may request a grievance form. (3) appeal to the next level of review; Inmates may appeal the finding of a grievance to the Operations Lieutenant as the final level ☒ ☐ ☐ of appeal within five days of receiving the findings of the original grievance. (4) written reasons for denial of grievance at each level Inmates shall use the grievance process only for of review which acts on the grievance; legitimate problems or complaints. ☒ ☐ ☐ Of the grievances reviewed, there was no instance of a grievance being denied. (5) provision for response within a reasonable time Of the sampling reviewed, there were no limit; and, ☒ ☐ ☐ instances of a response being delayed beyond the timeframe prescribed in policy. (6) provision for resolving questions of jurisdiction Grievances that are directly related to contract within the facility. services i.e., food service, medical, or program ☒ ☐ ☐ providers are routed to the program’s manager for input on the formal response from sheriff’s office personnel. (b) Grievance System Abuse: If there is concern that an inmate is abusing the The facility may establish written policy and procedure to grievance process, he/she shall be informed that ☒ ☐ control the submission of an excessive number of continued behavior may result in disciplinary grievances. action. 1080 RULES AND DISCIPLINARY PENALTIES 600 Inmate Discipline Inmates who are subject to discipline as a result Wherever discipline is administered, each facility of rule violations shall be afforded the administrator shall establish written rules and disciplinary procedural due process by the Sheriff that is penalties to guide inmate conduct. ☒ ☐ ☐ established in the policies, procedures, and practices relating to inmate discipline. All inmates will be made aware of the rules of conduct related to maintaining facility safety, security, and order, as well as clearly defined penalties for rule violations. Such rules and disciplinary penalties shall be stated simply Each inmate is issued an Inmate Orientation and affirmatively and posted conspicuously in housing units Handbook. The handbook contains all inmate and the booking area or issued to each inmate upon booking. rules and disciplinary penalties. ☒ ☐ ☐ BSCC staff observed posting of inmate rules in all housing units during the physical plant inspection. Rules are also posted on the agency website. For those inmates who are illiterate or unable to read For those inmates who are illiterate or unable to English, and for persons with disabilities, provision shall be read English, and for persons with disabilities, made for the jail staff to instruct them verbally or provide provision shall be made for the jail staff to them with material in an understandable form regarding jail instruct them verbally or provide them with rules and disciplinary procedures and penalties. material in an understandable form regarding ☒ ☐ ☐ jail rules and disciplinary procedures and penalties. Inmate rules are translated into the languages that are understood by the inmates (see the Inmate Handbook and Orientation Policy). 3010 Marin Main Jail II PRO 20-22 - 33 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR INMATE DISCIPLINE This policy addresses the fair and equitable application of inmate rules and disciplinary Each facility administrator shall develop written policies and ☒ ☐ ☐ sanctions for those who fail to comply. 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- Disciplinary sanctions that may be imposed for conformance or minor violations of facility rules, staff may minor rule violations include: impose a temporary loss of privileges, such as access to • Counseling the inmate regarding expected television, telephones, commissary, or lockdown for less conduct. than 24 hours, provided there is written documentation and • Assignment to extra work detail. supervisory approval. • Removal from work detail (without losing ☒ ☐ ☐ work time credits). • Loss of television, telephone, and/or commissary privileges for a period not to exceed 24 hours. • Lockdown in the inmate’s assigned cell or confinement in the inmate’s bunk area for a period not to exceed 24 hours. (b) Punitive Actions: Major violations of facility rules or Staff may initiate a major rule violation report repetitive minor acts of non-conformance or repetitive minor if an inmate is charged with three or more violations of facility rules shall be reported in writing by the minor rule violations in a consecutive 30-day staff member observing the act and submitted to the period. All minor rule violations will be listed disciplinary officer. The consequences of such violations in the major rule violation report. may include, but are not limited to: A sampling of 20 major rules violations and associated documentation for the disciplinary hearing were reviewed. Of the sampling, all reports were complete, submitted timely with appropriate notifications, and imposed ☒ ☐ ☐ sanctions were commensurate with the rule violation. Inmates were interviewed during the onsite physical plant inspection and stated that during the process, they were noticed, present for the hearing, could call upon a witness if they chose, and were able to appeal should they disagree with the outcome. Of the sampling reviewed, coupled with information provided by inmates, due process is being provided and the imposition of sanctions is appropriate. 1. Loss of good time/work time. ☒ ☐ ☐ 2. Placement in disciplinary separation. ☒ ☐ ☐ 3. Disciplinary separation diet. Of the sampling reviewed, there was no ☒ ☐ ☐ instance of the Disciplinary Segregation Diet being imposed as a disciplinary sanction. 4. Loss of privileges mandated by regulations. ☒ ☐ ☐ 3010 Marin Main Jail II PRO 20-22 - 34 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A staff member with investigative and punitive authority The Captain shall appoint at least one hearing shall be designated as a disciplinary officer to impose such officer, typically a Classification Deputy or consequences. MRD in their absence, to preside and conduct disciplinary hearings of major rule violations. The qualified and suitably trained hearing officer will have the responsibility and authority to rule on charges of inmate rule violations. The hearing officer will not impose ☒ ☐ ☐ sanctions, as that responsibility falls on the Disciplinary Officer. The disciplinary officer, typically the acting Housing Sergeant, shall review the evidence and hearing officer's report to make findings. Disciplinary decisions shall be based on the preponderance of evidence presented during the disciplinary hearing. Staff shall not participate in disciplinary review if they are The hearing officer shall not investigate nor involved in the charges. preside over any inmate disciplinary hearing on cases where he/she was a witness or was directly involved in the incident that generated ☒ ☐ ☐ the complaint. Of the sampling reviewed, there was no instance of the hearing or investigating officer being involved in the incident. Such charges pending against an inmate shall be acted on Verified through inmate interviews and with the following provisions and within specified ☒ ☐ ☐ documentation review that this is occurring. timeframes: 1. A copy of the report, and/or a separate written notice Advance notice to the inmate of the disciplinary of the violation(s), shall be provided to the inmate. hearing, to allow the inmate time to prepare a defense. ☒ ☐ ☐ An inmate charged with a major rule violation shall be given a written description of the incident and the rules violated at least 24 hours prior to a disciplinary hearing. 2. Unless declined by the inmate, a hearing shall be Unless waived in writing by the inmate, provided no sooner than 24 hours after the report has hearings may not be held in less than 24 hours been submitted to the disciplinary officer and the inmate from the time of notification. 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 Inmates charged with major rule violations are own behalf at the time of hearing and present witnesses entitled to be present at a hearing unless waived and documentary evidence. The inmate shall have ☒ ☐ ☐ in writing. 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 Investigations involving major rule violations after an inmate has been informed of the charge(s) in should be initiated within 24 hours of the initial writing. report and completed in sufficient time for the ☒ ☐ ☐ inmate to have a disciplinary hearing, which is required within 72 hours of the time the inmate was informed, in writing, of the charges. 3010 Marin Main Jail II PRO 20-22 - 35 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 5. Subsequent to final disposition of disciplinary At the conclusion of the investigation, the charges by the disciplinary officer, the charges and the investigating Deputy will forward the rule action taken shall be reviewed by the facility manager violation report to a supervisor for review. If or designee. upon completion of the investigation, the investigating supervisor finds insufficient ☒ ☐ ☐ evidence to support a major rule violation, he/she may discuss alternative sanctions, including handling the incident as a minor violation or recommending that charges be removed. 6. The inmate shall be advised in a written statement by The disciplinary officer shall write a report the fact-finders about the evidence relied on and the regarding the decision and detailing the reasons for the disciplinary action. A copy of the record evidence and the reasons for the disciplinary shall be kept pursuant to Penal Code Section 4019.5. action. A copy of the report shall be provided to ☒ ☐ ☐ the inmate. The original shall be filed with the record of the proceedings. All documentation related to the disciplinary process shall be retained and a copy should be placed in the inmate’s file. 7. There shall be a policy of review and appeal to a Inmates wishing to appeal the decision of the supervisor on all disciplinary action. hearing officer must do so in writing within ☒ ☐ ☐ five days of the decision. All appeals will be forwarded to the Captain or the authorized designee for review. (c) Nothing in this section precludes a facility administrator Inmates who are accused of a major rule from administratively segregating any inmate from the violation may be moved to administrative general population or program for reasons of personal, segregation housing for pre-hearing detention if mental, or physical health, or under any circumstance in there is a threat to safety or security. ☒ ☐ ☐ which the safety of the inmates, staff, program, or In practice, this does not occur. Inmates community is endangered, pending disciplinary action or a generally remain in their assigned cell and review as required by Section 1053 of these regulations. housing unit until the disciplinary process is concluded and sanctions are imposed. (d) Nothing in this section precludes the imposition of Inmates placed in pre-hearing detention are conditions or restrictions that reasonably relate to a ☒ ☐ ☐ subject to the property and privilege restrictions legitimate, non-punitive administrative purpose. commensurate with segregated confinement. 1082 FORMS OF DISCIPLINE 600.11 Guideline for Disciplinary Sanctions Discipline shall be commensurate with the The degree of punitive actions taken by the disciplinary nature and circumstances of the offense officer shall be directly related to the severity of the rule committed. infraction. Acceptable forms of discipline shall consist of, In all cases, sanctions should be imposed for but not be limited to, the following: the purpose of controlling or changing an (a) Loss of privileges. inmate’s behavior and not for the purpose of punishment. (b) Extra work detail. Acceptable forms of discipline shall consist of (c) Short term lockdown for less than 24 hours. ☒ ☐ ☐ but not be limited to the following: (d) Removal from work details. • Loss of privileges (e) Forfeiture of “good time” credits earned under Penal • Extra work detail Code Section 4019. • Short-term lockdown for less than 24 hours (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. • Removal from work details (g) Disciplinary separation. • Forfeiture of work time credits earned under Penal Code § 4019 (h) Disciplinary separation diet. • Disciplinary detention • Disciplinary separation diet 3010 Marin Main Jail II PRO 20-22 - 36 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY 600.10 Limitations on Disciplinary Actions ACTIONS The U.S. and state constitutions expressly prohibit all cruel or unusual punishment. The Penal Code and the State Constitution expressly Additionally, there shall be the following prohibit all cruel and unusual punishment. Additionally, limitations: there shall be the following limitations: (a) If an inmate 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. (b) The disciplinary separation cells or cell shall have the During the onsite physical plant inspection, minimum furnishings and space specified in Title 24, Part 2, BSCC staff verified that all cells are equipped 1231.2.6 and 2.7. Occupants shall be issued clothing and with furnishings and fixtures consistent with bedding as specified in Articles 13 and 14 of these Title 24 requirements. regulations and shall not be deprived of them through any Inmates in disciplinary segregation shall not be portion of the day except that those inmates who engage in deprived of bedding or clothing except in cases ☒ ☐ ☐ the destruction of bedding or clothing may be deprived of where the inmate destroys such articles or uses such articles. The decision to deprive inmates of such them to harm him/herself or others or for articles of clothing and bedding shall be reviewed by the something other than the intended purpose. facility manager or designee during each 24-hour period. Of the sampling of disciplinary hearings reviewed, inmate bedding was not withheld as a disciplinary hearing. (c) The delegation of authority to any inmate or group of In no case shall any inmate or group of inmates inmates to exercise the right of punishment over any other ☒ ☐ ☐ be delegated the authority to punish any other inmate or group of inmates (Penal Code section 4019.5) inmate or group of inmates. (d) In no case shall a safety cell, as specified in Title 24, Part In no case shall a safety cell, as specified in the 2, 1231.2.5, or any restraint device be used for disciplinary Safety and Sobering Cells Policy, be used for purposes. disciplinary purposes. In no case shall any restraint device be used for disciplinary purposes. ☒ ☐ ☐ BSCC staff was able to verify that safety cell and or restraint confinement was not used as a disciplinary sanction. During our review of disciplinary packets, the following imposition of sanctions were not utilized: (e) No inmate may be deprived of the implements necessary No inmate may be deprived of the implements to maintain an acceptable level of personal hygiene as ☒ ☐ ☐ necessary to maintain an acceptable level of specified in Section 1265 of these regulations personal hygiene. (f) Food shall not be withheld as a disciplinary measure. Food shall not be withheld as a disciplinary ☒ ☐ ☐ measure. 3010 Marin Main Jail II PRO 20-22 - 37 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) The disciplinary separation diet described in section A disciplinary segregation diet may only be 1247 of these regulations shall only be utilized for major used for major violations of jail rules. No violations of institutional rules. inmate receiving a prescribed medical diet is to be placed on a disciplinary segregation diet without review and written approval of a physician or pursuant to a written plan approved by the physician. Disciplinary segregation diets shall be served ☒ ☐ ☐ twice during each 24-hour period and must meet statutorily prescribed minimum food and nutritional requirements. Disciplinary segregation diets shall not be served in any case for more than 72 hours without the written approval of the Captain and a physician. Although permitted per the agency policy, the disciplinary diet was not used as a disciplinary sanction during this inspection cycle. (1) In addition to the provisions of Section 1247, Please see above. 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 Inmates in disciplinary segregation shall have in cases where the inmate has violated correspondence the same privileges to write and receive regulations, in which case correspondence may be ☒ ☐ ☐ correspondence as inmates in general suspended for no longer than 72 hours, without the review population, except in cases where inmates and approval of the facility manager. violated correspondence regulations. (i) In no case shall access to courts and legal counsel be In no case shall access to the courts and/or legal ☒ ☐ ☐ suspended as a disciplinary measure. counsel be suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS The disciplinary officer shall write a report regarding the decision and detailing the evidence and the reasons for the disciplinary Penal Code Section 4019.5 requires that a record is kept of action. A copy of the report shall be provided to all disciplinary infractions and punishment administered the inmate. The original shall be filed with the therefore. This requirement may be satisfied by retaining record of the proceedings. All documentation copies of rule violation reports and report of the disposition ☒ ☐ ☐ related to the disciplinary process shall be of each. retained and a copy should be placed in the inmate’s file. All inmate records are entered into and stored in the agency electronic jail management system. 1206.5 MANAGEMENT OF COMMUNICABLE 714 Communicable Diseases DISEASES IN A CUSTODY SETTING CUS-10-5 Housing Considerations It is the policy of this department to maintain an (a) The responsible physician, in conjunction with the effective program that focuses on the facility administrator and the county health officer, shall identification, education, immunization, develop a written plan to address the identification, prevention, surveillance, diagnosis, medical treatment, control and follow-up management of ☒ ☐ ☐ isolation (when indicated), treatment, follow- tuberculosis symptoms, referral for a medical up, and proper reporting to local, state, and evaluation, treatment responsibilities during federal agencies of communicable diseases. The incarceration and coordination with public health program is designed to ensure that a safe and officials for follow-up treatment in the community. The healthy environment is created and maintained plan shall reflect the current local incidence of for all occupants of the facility. communicable diseases which threaten the health of inmates and staff. 3010 Marin Main Jail II PRO 20-22 - 38 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Consistent with the above plan, the health authority The agency Communicable Disease policy was shall, in cooperation with the facility administrator and last updated on July 3, 2022 and has been the county health officer, set forth in writing, policies reviewed. The policy contains protocol and procedures in conformance with applicable state guidelines specific to the identification, and federal law, which include, but are not limited to: treatment, and housing plan to mitigate the spread of pandemic disease through quarantine ☒ ☐ ☐ and treatment. All newly booked inmates are tested for COVID and are quarantined when they exhibit symptoms, have been exposed or test positive. All inmates are offered the opportunity to accept vaccinations while in custody and are reported to public health upon release. (1) The types of communicable diseases to be reported; The Responsible Physician or Health Authority shall ensure the following notifications are made whenever a communicable disease is identified: Notification to the public health department of all reportable diseases and conditions shall be made as soon as practicable. This is done by completing appropriate forms, and if necessary, contacting the public health department directly ☒ ☐ ☐ for situations of multiple spread occurrences. The health authority shall be responsible for ensuring the systematic collection and analysis of data to assist in the identification of problems, epidemics, or clusters of nosocomial infections. All reportable illnesses as defined by the public health department shall be reported as required. Specific reportable diseases are contained in the medical providers policy. (2) The persons who shall receive the medical reports; All medical reports are subject to HIPAA ☒ ☐ ☐ privacy laws. (3) Sharing of medical information with inmates and Communicating with employees, other custody staff: employers, and the local health officer ☒ ☐ ☐ regarding the suspected or diagnosed infectious disease status of referred inmates, including notification of exposed employees. (4) Medical procedures required to identify the Establishing procedures to ensure that members presence of diseases(s) and lessen the risk of request exposure notification from health exposure to others; facilities after potential exposure to a person who may have a communicable disease who ☒ ☐ ☐ has been transported to a health facility and that the member is notified of any exposure as required by Health and Safety Code § 1797.188. (5) Medical confidentiality requirements; 714.7.5 Confidentiality Medical information involved in this process ☒ ☐ ☐ must remain confidential. The Administrative Lieutenant shall ensure that all records and reports are kept in the strictest confidence. 3010 Marin Main Jail II PRO 20-22 - 39 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) Housing considerations based upon behavior 714 Communicable Diseases medical needs and safety of the affected inmates; CUS-10-5 Housing Considerations It is the policy of this department to maintain an effective program that focuses on the identification, education, immunization, ☒ ☐ ☐ prevention, surveillance, diagnosis, medical isolation (when indicated), treatment, follow- up, and proper reporting to local, state, and federal agencies of communicable diseases. The program is designed to ensure that a safe and healthy environment is created and maintained for all occupants of the facility. (7) Provisions for inmate consent that address the The health authority shall be responsible for limits of confidentiality; and, ensuring the systematic collection and analysis ☒ ☐ ☐ of data to assist in the identification of problems, epidemics, or clusters of nosocomial infections. (8) Reporting and appropriate action upon the possible All reportable illnesses as defined by the public exposure of custody staff to a communicable ☒ ☐ ☐ health department shall be reported as required. disease. 1211 SICK CALL 702 Health Care Requests and Services It is the policy of this department to provide There shall be written policies and procedures developed by daily access to qualified health care the facility administrator, in cooperation with the health professionals in order for inmates to request authority, which provides for a daily sick call conducted for medical services. All health care requests will all inmates or provision made that any inmate requesting be documented, triaged, and referred medical/mental health attention be given such attention. appropriately by medical staff. Qualified health care professionals will conduct ☒ ☐ ☐ sick calls and clinics for health care services on a scheduled basis to ensure a timely response to requests for medical services. Inmates were interviewed during the physical plant inspection and reported that, absent an emergency, they are typically seen within 2-3 days following a medical request being submitted. 1260 STANDARD INSITUTIONAL CLOTHING 807 Inmate Hygiene 807.4.2 Clothing Issue The standard issue of climatically suitable clothing to An inmate admitted to the facility and assigned inmates held after arraignment in all but Court Holding, ☒ ☐ ☐ to a living unit shall be issued a set of facility Temporary Holding and Type IV facilities shall include, but clothing. The issue of clothing appropriate to not be limited to: the climate for inmates shall include but is not limited to the following: (a) Clean socks and footwear; ☒ ☐ ☐ (b) Clean outergarments; and, ☒ ☐ ☐ (c) Clean undergarments; ☒ ☐ ☐ (1) For males – shorts and undershirt, and ☒ ☐ ☐ (2) For females – bra and two pairs of panties. ☒ ☐ ☐ The inmate’s personal undergarments and footwear may be An inmate’s personal undergarments and substituted for the institutional undergarments and footwear footwear may be substituted for the institutional specified in this regulation. This option notwithstanding, the ☒ ☐ ☐ undergarments and footwear, provided there is facility has the primary responsibility to provide the a legitimate medical necessity for the items and personal undergarments and footwear. they are approved by the medical staff. 3010 Marin Main Jail II PRO 20-22 - 40 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Clothing shall be reasonably fitted, durable, easily laundered Each inmate shall have neat and clean clothing and repaired. appropriate to the season. Clothing shall be ☒ ☐ ☐ reasonably fitted, durable, easily laundered and repaired. 1264 CONTROL OF VERMIN IN INMATES’ 805 Vermin and Pest Control PERSONAL CLOTHING Clothing, bedding, and other property that is suspected of being infested shall either be There shall be written policies and procedures developed by removed from the facility or cleaned and the facility administrator to control the contamination and/or treated by the following methods, as spread of vermin in all inmates’ personal clothing. Infested appropriate or as directed by the pest control clothing shall be cleaned, disinfected, or stored in a closed provider or the Responsible Physician or Health container so as to eradicate or stop the spread of vermin. ☒ ☐ ☐ Authority. The inmate property room was observed during the physical plant inspection along with the collection and processing of inmate personal clothing property. All inmate clothing is sealed in a bag and placed into a box for storage. If the clothing property is soiled or infested, the clothing is cleaned prior to storage. 1265 ISSUE OF PERSONAL CARE ITEMS 807.7 Personal Hygiene of Inmates Personal hygiene items, hair care services, and There shall be written policies and procedures developed by facilities for showers will be provided in the facility administrator for the issue of personal hygiene accordance with applicable laws and items. Each female inmate shall be provided with sanitary regulations. This is to maintain a standard of napkins, panty liners, and tampons as requested. Each hygiene among inmates in compliance with the inmate to be held over 24 hours who is unable to supply requirements established by state laws as part himself/herself with the following personal care items, ☒ ☐ ☐ of a healthy living environment. because of either indigency or the absence of an inmate Each inmate held more than 24 hours, who is canteen, shall be issued: unable to supply him/herself with the following personal care items because of either indigency or the absence of an inmate canteen, shall be issued the following items: All inmates are provided with the following personal hygiene items upon housing. (a) Toothbrush, ☒ ☐ ☐ (b) Dentifrice, ☒ ☐ ☐ (c) Soap, ☒ ☐ ☐ (d) Comb, and ☒ ☐ ☐ (e) Shaving implements. ☒ ☐ ☐ Inmates shall not be required to share any personal care ☒ ☐ ☐ items listed in the items “a” through “d”. 1266 SHOWERING 502 Inmate Reception 807.10 Inmate Showers There shall be written policies and procedures developed by Inmates will be allowed to shower upon the facility administrator for inmate showering/bathing. assignment to a housing unit and at least every ☒ ☐ ☐ Inmates shall be permitted to shower/bathe upon assignment other day thereafter, or more often if possible. to a housing unit and at least every other day or more often There is a shower located in the dress out area if possible. for circumstances necessitating a shower prior to housing. 1267 HAIR CARE SERVICES (EXCERPT) 807.8 Barber and Cosmetology Services ☒ ☐ ☐ 807.8.1 Hair Care Services (a) Hair care services shall be available. 3010 Marin Main Jail II PRO 20-22 - 41 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Inmates, except those who may not shave for reasons of Inmates shall have the ability to receive hair identification in court, shall be allowed to shave daily care services once per month. The facility and receive hair care services at least once a month. The administrator may suspend this requirement in facility administrator may suspend this requirement in relation to inmates who are, considered to be a relation to inmates who are considered to be a danger to danger to themselves or others. ☒ ☐ ☐ themselves or others. When being placed in a housing unit, inmates will be given an inmate handbook or access to a tablet with the inmate handbook readily accessible, which details how to request hair care services. 1270 STANDARD BEDDING AND LINEN ISSUE 807 Inmate Hygiene 807.4.1 Bedding Issue The standard issue of clean suitable bedding and linens, for Upon entering a living area of the Marin each inmate entering a living area who is expected to remain County Sheriff's Office jail, every inmate who overnight, shall include, but not limited to: is expected to remain overnight shall be issued bedding and linens including but not limited to: (a) Sufficient freshly laundered blankets to provide comfort under existing temperature conditions. Blankets shall be exchanged and laundered in accordance with facility operational laundry rules. (b) One clean, firm, nontoxic, fire-retardant ☒ ☐ ☐ mattress with built in pillow. 1. Mattresses will be serviceable and enclosed in an easily cleanable, nonabsorbent material and conform to the size of the bunk. Mattresses will be cleaned and disinfected when an inmate is released or upon reissue. 2. Mattresses shall meet the most recent requirements of the State Fire Marshal, the Bureau of Home Furnishings’ test standard for penal mattresses, and any other legal standards at the time of purchase. (c) Three sheets. (d) Two bath towels. (a) One serviceable mattress which meets the requirements ☒ ☐ ☐ of Section 1272 of these regulations; (b) One mattress cover or one sheet; ☒ ☐ ☐ (c) One towel; and, ☒ ☐ ☐ (d) One blanket or more depending up on climatic ☒ ☐ ☐ conditions. Two blankets or sleeping bag may be issued in place of one ☒ ☐ ☐ mattress cover or one sheet. 3010 Marin Main Jail II PRO 20-22 - 42 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND 800 Sanitation Inspections MAINTENANCE 802 Housekeeping and Maintenance The purpose of this policy is to establish The facility administrator shall develop written policies and guidelines to ensure that the facility is kept procedures for the maintenance of an acceptable level of clean and in good repair in accordance with cleanliness, repair and safety throughout the facility. Such a accepted federal, state, and county standards. plan shall provide for a regular schedule of housekeeping During the physical plant inspection, the tasks and inspections to identify and correct unsanitary or facility was observed to be clean, orderly, and unsafe conditions or work practices which may be found. in good repair. Access to cleaning supplies was ☒ ☐ ☐ present in all inmate housing areas. Inmates were interviewed during the physical plant inspection and stated that access to cleaning supplies, clean linens, and clothing were plentiful during the pandemic and have continued thereafter. Documentation was reviewed to verify that housekeeping, maintenance, and sanitation inspections are occurring, are documented, and are reviewed. DETENTION OF MINORS Are minors held in this facility? If yes, the following Minors are not held in this facility. sections including those summarizing the regulations identified in Title 15, Article 8 of these regulations apply ☐ ☒ ☐ (Minors in Jails). Note: Reference PC § 207.1(b), 207.6, 707.1 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles are not confined or detained in any facility in which they have contact with adult prisoners. ☐ ☐ ☒ Reference: WIC 208 1101 RESTRICTIONS ON CONTACT WITH ADULT PRISONERS The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between detained minors and adults confined in the facility. In situations where brief or accidental contact may occur, such ☐ ☐ ☒ as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. The above restrictions do not apply to minors who are participating in supervised program activities pursuant to Section 208 (c) of the Welfare and Institutions Code. 1102 CLASSIFICATION The facility administrator shall develop and implement a ☐ ☐ ☒ written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include the following: (a) a procedure for receiving and transmitting information regarding minors who present a risk or hazard to self or others ☐ ☐ ☒ while confined at the facility, and the segregation of such minors to the extent possible within the limits of the facility. 3010 Marin Main Jail II PRO 20-22 - 43 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) a procedure to provide care for any minor who appears to be in need of or who requests medical, mental health, or developmental disability treatment. Written procedures shall ☐ ☐ ☒ be established by the responsible health administrator in cooperation with the facility administrator. (c) a suicide prevention program designed to identify, monitor, and provide treatment to those minors who present a ☐ ☐ ☒ suicide risk. (d) provide that minors be housed separately from adults and not be allowed to come or remain in contact with adults except ☐ ☐ ☒ as provided in Sections 208(c) of the Welfare and Institutions Code. 1103 RELEASE PROCEDURES Facility staff shall notify the parents or guardians prior to the ☐ ☐ ☒ release of a minor. The minor's personal clothing and valuables shall be returned to the minor, parents or guardian, upon the minor's release or consent. 1104 SUPERVISION OF MINORS ☐ ☐ ☒ The facility administrator shall develop and implement policy and procedures that provide for: (a) continuous around-the-clock supervision of minors with ☐ ☐ ☒ assurance that staff can hear and respond; and, (b) safety checks of minors at least once every 30 minutes. These safety checks shall include the direct visual observation of movement and/or skin. Safety checks shall not be replaced, but may be supplemented by, an audio/visual electronic ☐ ☐ ☒ surveillance system designed to detect overt, aggressive, or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented. 1105 RECREATIONAL PROGRAMS The facility administrator shall develop written policies and procedures to provide a recreation program that shall protect ☐ ☐ ☒ the welfare of minors and other inmates, recognize facility security needs and comply with minimum jail standards for recreation (California Code of Regulations, Title 15, Section 1065). 1106 DISCIPLINARY PROCEDURES Nothing in this regulation shall prevent the administrator from removing a detained minor from the general population ☐ ☐ ☒ or program for reasons of the minor's mental or physical health; or under any circumstances in which the safety of the minor, other inmates, staff, the program or community is endangered, pending a disciplinary action or review. (a) Minors requiring disciplinary confinement shall be housed only in living areas designated for the detention of ☐ ☐ ☒ minors. (b) Permitted forms of discipline include: ☐ ☐ ☒ (1) loss of privileges; and, (2) disciplinary confinement. ☐ ☐ ☒ (c) Access to visitation and recreation shall be restricted only after a second level review by a supervisor or manager, and ☐ ☐ ☒ shall not extend beyond five days without subsequent review. (d) A status review shall be conducted for those minors placed ☐ ☐ ☒ in disciplinary confinement no less than every 24 hours. 3010 Marin Main Jail II PRO 20-22 - 44 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Prohibited forms of discipline include: ☐ ☐ ☒ (1) discipline that does not fit the violation; (2) corporal punishment; ☐ ☐ ☒ (3) inmate imposed discipline; ☐ ☐ ☒ (4) placement in safety cells; ☐ ☐ ☒ (5) deprivation of food; and, ☐ ☐ ☒ (6) the adult disciplinary diet. ☐ ☐ ☒ 1120 EDUCATION PROGRAM FOR MINORS IN JAILS Whenever a minor is held in a Type II or III facility, the ☐ ☐ ☒ facility administrator shall coordinate with the County Department of Education or County Superintendent of Schools to provide education programs as required by Section 48200 of the Education Code. 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the facility ☐ ☐ ☒ administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☐ ☒ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, she shall be advised, orally or in writing, of the standards and ☐ ☐ ☒ policies governing pregnant minors. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION FACILITY 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. 3010 Marin Main Jail II PRO 20-22 - 45 - A 353 Type II III PRO v.1 eff 1.1.19 (20-22) ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001; 2005; 2008; 2010, 2013, 2017, 2019 BSCC Code: 3010 FACILITY NAME: Marin County Jail FACILITY TYPE: II 6/94: ☐ 2/99: ☐ 2001: ☐ 2005: ☐ 2008: ☐ 2010: ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☐ 2017: ☐ 2019: ☐ 1988: ☒ ☐ ☐ FIELD REPRESENTATIVE: Kimberly Moule and Traci Kessler DATE: September 14, 2022 TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.1 Reception and booking. A weapons locker is stationed outside of the Facilities where booking and housing occur shall have the secure perimeter of the facility. An armory is following space and equipment: ☒ ☐ ☐ secured within the secure perimeter. A secured 1. Weapons locker as specified in Section 1231.3.12. area is stationed adjacent to booking for the safe keeping of inmate property. 2. A cell or room for the confinement of inmates pending 2 holding cells ☒ ☐ ☐ their booking, complying with Section 1231.2.2. 3. A sobering cell as described in Section 1231.2.4 if 2 sobering cells intoxicated, inmates who may pose a danger to ☒ ☐ ☐ themselves or others are held. For those facilities that accept male and female ☒ ☐ ☐ intoxicated inmates two sobering cells shall be provided. 4. Access to a shower within the secure portion of the 3 showers ☒ ☐ ☐ facility. 5. Provide access to a secure vault or storage space for ☒ ☐ ☐ inmate valuables. 1231.2.2 Temporary holding cell or room. 2 holding cells A temporary holding cell or room shall: ☒ ☐ ☐ 1. Contain a minimum of 10 square feet (0.93 m2) of floor area per inmate; 2. Be limited to no more than 16 inmates; ☒ ☐ ☐ (7) each 3. Be no smaller than 40 square feet (3.7 m2) and have a ☒ ☐ ☐ clear ceiling height of 8 feet (2438 mm) or more; 4. Contain seating to accommodate all inmates as ☒ ☐ ☐ required in Section 1231.3; 5. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; 6. Maximize visual supervision of inmates by staff; and ☒ ☐ ☐ 7. When located in a temporary holding facility, the cell or room shall be equipped with a bunk if inmates are to ☐ ☐ ☒ be held longer than 12 hours. 1231.2.3 Temporary staging cell or room. There is no temporary staging cell or room located A temporary staging cell or room shall: in this facility. 1. Be constructed for the purpose of holding inmates who ☐ ☐ ☒ have been classified and segregated in accordance with Sections 1050 and 1053 of Title 15, Division 1, California Code of Regulations. 2. Be limited to holding inmates up to four hours. ☐ ☐ ☒ 3. Be limited to no more than 80 inmates. ☐ ☐ ☒ 4. Contain a minimum of 10 square feet (0.93 m2) of floor area per inmate and a clear ceiling height of 8 feet ☐ ☐ ☒ (2438 mm) or more. 3010 Marin Main Jail II PHY 20-22 - 1 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17 19.dot (1/20) TITLE 24 SECTION YES NO N/A COMMENTS 5. Be no smaller than 160 square feet (14.9 m2). ☐ ☐ ☒ 6. Contain seating to accommodate all inmates as ☐ ☐ ☒ required in Section 1231.3. 7. Contain toilet, wash basin and drinking fountain as ☐ ☐ ☒ specified in Section 1231.3. 8. Maximize visual supervision of inmates by staff. ☐ ☐ ☒ 1231.2.4 Sobering cell. 2 sobering cells in booking A sobering cell shall: ☒ ☐ ☐ 1. Contain a minimum of 20 square feet (1.9 m2) of floor area per inmate; 2. Be limited to eight inmates; ☒ ☐ ☐ 3. Be no smaller than 60 square feet (5.6 m2) and have a ☒ ☐ ☐ clear ceiling height of 8 feet (2438 mm) or more; 4. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; 5. Have padded partitions located next to toilet fixture in ☒ ☐ ☐ such a manner that they provide support to the user; 6. Maximize visual supervision of inmates by staff; ☒ ☐ ☐ 7. Be padded on the floor as specified in Section 1231.3; ☒ ☐ ☐ and, 8. Have accessible a shower in the secure portion of the ☒ ☐ ☐ facility. 1231.2.5 Safety cell. 2 safety cells in booking A safety cell shall: 1 safety cell in special housing 1. Contain a minimum of 48 square feet (4.5 m2) of floor ☒ ☐ ☐ area with no one floor dimension being less than 6 feet (1829 mm) and a clear ceiling height of 8 feet (2438 mm) or more; 2. Be limited to one inmate; ☒ ☐ ☐ 3. Contain a flushing ring toilet, capable of accepting solid waste, mounted flush with the floor, the controls for ☒ ☐ ☐ which must be located outside of the cell; 4. Be padded as specified in Section 1231.3; ☒ ☐ ☐ 5. Be equipped with a variable intensity, security-type lighting fixture which is inaccessible to the inmate ☒ ☐ ☐ occupant, control of which is located outside of the cell; 6. Provide one or more vertical view panels not more than 4 inches (102 mm) wide nor less than 24 inches (610 ☒ ☐ ☐ mm) long which shall provide a view of the entire room; 7. Provide a food pass with lockable shutter, no more than 4 inches (102 mm) high, and located between 26 ☒ ☐ ☐ inches (660 mm) and 32 inches (813 mm) as measured from the bottom of the food pass to the floor; and, 8. Any wall or ceiling mounted devices must be ☒ ☐ ☐ inaccessible to the inmate occupant. 1231.2.6 Single-occupancy cells. Housing Pods A, B, C, E, F, G and H Single-occupancy cells shall: ☒ ☐ ☐ 1. Have a maximum capacity of one inmate; 2. Contain a minimum of 60 square feet (5.6 m2) of floor area in Type I facilities and 70 square feet (6.5 m2) of ☒ ☐ ☐ floor area in Type II and Type III facilities; 3. Have a minimum clear ceiling height of 8 feet (2438 ☒ ☐ ☐ mm) and a minimum width of 6 feet (1829 mm); 3010 Marin Main Jail II PHY 20-22 - 2 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17 19.dot (1/20) TITLE 24 SECTION YES NO N/A COMMENTS 4. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; and 5. Contain a bunk, desk and seat as specified in Section 1231.3. ☒ ☐ ☐ Exception: A Type I facility does not require a desk and seat. 1231.2.7 Double-occupancy cells. Housing Pods, B, C, D, E, F, G, and H Double-occupancy cells shall: ☒ ☐ ☐ 1. Have a maximum capacity of two inmates; 2. Contain a minimum of 60 square feet (5.6 m2) of floor area in Type I facilities and 70 square feet (6.5 m2) of ☒ ☐ ☐ floor area in Type II and Type III facilities; 3. Have a minimum clear ceiling height of 8 feet (2438 ☒ ☐ ☐ mm) and a minimum width of 6 feet (1829 mm); 4. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; and 5. Contain two bunks, and at least one desk and seat as specified in Section 1231.3. ☒ ☐ ☐ Exception: A Type I facility does not require a desk and seat. 1231.2.8 Dormitories. There are no dormitories located in this facility. Dormitories shall: 1. Contain a minimum of 50 square feet (4.7 m2) of floor area per inmate for a single-bed unit; a minimum of 70 ☐ ☐ ☒ square feet (7 m2) for a double-bed unit; and a minimum of 90 square feet (9.3 m2) for triple-bed unit and have a minimum ceiling height of 8 feet (2438 mm); 2. Be designed for no more than 64 inmates and no fewer ☐ ☐ ☒ than four inmates; 3. Provide access to water closets separate from the wash basin and drinking fountains as specified in Section ☐ ☐ ☒ 1231.3; and 4. In other than Type I facilities, provide storage space ☐ ☐ ☒ for personal items and clothing for each occupant. 1231.2.9 Dayrooms. Dayrooms or dayroom space shall: ☒ ☐ ☐ 1. Contain 35 square feet (3.3 m2) of floor area per inmate in width in front of cells/rooms; 2. Contain tables and seating to accommodate the ☒ ☐ ☐ maximum number of inmates; 3. Provide access to water closets, wash basins and ☒ ☐ ☐ drinking fountains as specified in Section 1231.3; 4. Provide access to a shower or showers as specified in ☒ ☐ ☐ Section 1231.3; and 5. Be provided to all inmates in Type II and Type III facilities (except those housed in special-use cells) and to inmate workers in Type I facilities. Dayroom space as described in this section may be a part of a single ☒ ☐ ☐ occupancy cell used for administrative segregation or a dormitory, in which case the floor area of the cell or a dormitory must be increased by the square footage required for the dayroom. 3010 Marin Main Jail II PHY 20-22 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17 19.dot (1/20) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.10 Exercise area. An outdoor exercise area or areas must be provided in every Type II and Type III facility. The minimum clear height must be 15 feet (4572 mm) and the minimum number of square ☒ ☐ ☐ feet of surface area will be computed by multiplying 80 percent of maximum rated population by 50 square feet (4.7 m2) and dividing the result by the number of one-hour exercise periods per day. The exercise area must contain or provide free access to a toilet, wash basin, and drinking fountain as provided in ☒ ☐ ☐ Section 1231.3. There must be at least one exercise area of not less than 600 square feet (55.7 m2). The design shall facilitate security and ☒ ☐ ☐ supervision appropriate to the level of custody. Type IV facilities shall have an outdoor recreation area or ☒ ☐ ☐ access to community recreation facilities. 1231.2.11 Correctional program/multipurpose space. Located within housing pods An area for correctional programming must be provided in every Type II and Type III facility. The program area and ☒ ☐ ☐ furnishings shall be designed to meet the needs specified by the facility’s program statement. Type IV facilities shall have multipurpose space for games and activities, dining, visiting, TV meetings and quiet space ☒ ☐ ☐ for study and reading, such that activities do not conflict with each other. 1231.2.12 Medical examination room. Located within housing pods There must be a minimum of one suitably equipped medical examination room in every facility which provides on-site health care. The examination room shall be designed in ☒ ☐ ☐ consultation with the responsible physician/health authority. Such a medical examination room shall: 1. Be located within the security area and provide for ☒ ☐ ☐ privacy of the inmates; 2. Provide not less than 100 square feet (9.3 m2) of floor space with no single dimension less than 7 feet (2134 ☒ ☐ ☐ mm); 3. Provide hot and cold running water; ☒ ☐ ☐ 4. Provide lockable storage for medical supplies; ☒ ☐ ☐ 5. Provide an examination table; ☒ ☐ ☐ 6. Provide adequate lighting; and ☒ ☐ ☐ 7. Any room where medical procedures are provided ☒ ☐ ☐ must be equipped with hot and cold running water 1231.2.13 Pharmaceutical storage space. Provide lockable storage space for medical supplies and ☒ ☐ ☐ pharmaceutical preparations as referenced by Title 15, California Code of Regulations, Section 1216. 1231.2.14 Medical care housing. Housing Pod D There shall be some means to provide medical care and ☒ ☐ ☐ housing of ill and/or infirm inmates. 3010 Marin Main Jail II PHY 20-22 - 4 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17 19.dot (1/20) TITLE 24 SECTION YES NO N/A COMMENTS When the program statement for a Type II or Type III facility indicates that medical care housing is needed, such housing must provide lockable storage space for medical instruments ☒ ☐ ☐ and must be located within the security area of the facility accessible to both female and male inmates, but not in the living area of either. The medical care housing unit shall be designed in ☒ ☐ ☐ consultation with the health authority. Medical/mental health areas may contain other than single ☒ ☐ ☐ occupancy cells. If negative pressure isolation rooms are being planned, they ☒ ☐ ☐ shall be designed to recognized industry standards. 1231.2.16 Commissary. In all Type II, III and IV facilities, except where community access is available, there shall be provisions made for inmates ☒ ☐ ☐ to purchase items (such as candy, toilet articles, stationery supplies, books, newspapers and magazines, etc.). An area shall be provided for the secure storage of the stock ☒ ☐ ☐ for such inmate canteen items. 1231.2.17 Dining facilities. Dining areas are located within the Housing Pods In all Type II, III and IV facilities which serve meals, dining ☒ ☐ ☐ areas shall be provided which will allow groups of inmates to dine together. Such dining areas shall not contain toilets, wash basins or ☒ ☐ ☐ showers in the same room without appropriate visual barrier. Wherever the facility contains a central dining room or rooms, it shall contain a minimum of 15 square feet (1.4 m2) ☒ ☐ ☐ of floor space and sufficient tables and seating for each inmate being fed. 1231.2.18 Visiting space. In person with barrier Space shall be provided in all Types I, II, III and IV facilities ☒ ☐ ☐ Video for in-person visiting. 1231.2.19 Safety equipment storage. A secure area shall be provided for the storage of safety equipment such as fire extinguishers, self-contained ☒ ☐ ☐ breathing apparatus, wire and barcutters, emergency lights, etc.. 1231.2.20 Janitors’ closet. Located within housing pods In Type II facilities, at least one securely lockable janitors’ closet with sufficient area for the storage of cleaning ☒ ☐ ☐ implements and supplies must be provided within the security areas of the facility A mop sink shall also be available within the security area of the facility. In court holding, temporary holding, Types I, III ☒ ☐ ☐ and IV facilities, the closet need not be in the security area. 1231.2.21 Storage rooms. One or more storage rooms shall be provided to accommodate a minimum of 80 cubic feet (2.3 m3) of storage area per inmate for inmate clothing and personal property, institutional clothing, bedding and supplies. Court holding, temporary holding and Type I facilities may be excluded ☒ ☐ ☐ from the storage space requirement for personal and institutional clothing unless clothing is issued. 3010 Marin Main Jail II PHY 20-22 - 5 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17 19.dot (1/20) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.22 Audio monitoring system. Tested and operable In court holding, temporary holding, Type I, Type II and Type II facilities there shall be an inmate- or sound-actuated audio monitoring system in temporary holding cells or rooms, temporary staging cells or rooms, sobering cells, ☒ ☐ ☐ safety cells, single and double occupancy cells, dormitories, dayrooms, exercise areas and correctional program/multipurpose space, which is capable of alerting personnel who can respond immediately. 1231.2.23 Laundry facilities. In Type IV facilities, provision shall be made for washing ☒ ☐ ☐ and drying personal clothing by machines, either in the facility or in the community, if access is permitted for same. 1231.2.24 Emergency power. Generator power There shall be a source of emergency power in all detention facilities capable of providing minimal lighting in all housing ☒ ☐ ☐ units, activities areas, corridors, stairs and central control points, and to maintain fire and life safety, security, communications and alarm systems. Such an emergency power source shall conform to the requirements specified in Title 24, Part 3, Article 700, ☒ ☐ ☐ California Electrical Code, California Code of Regulations. 1231.2.25 Confidential interview rooms. 2 confidential interview rooms are located within There must be a minimum of one suitably furnished the secure perimeter of the facility. interview room for confidential interviews in every facility which provides onsite health care. The interview room shall ☒ ☐ ☐ be designed in consultation with responsible custodial staff and health care staff. Such an interview room shall: 1. Be located within the security area accessible to both ☒ ☐ ☐ female and male inmates; and 2. Provide not less than 70 square feet (6.5 m2) of floor space with no single dimension less than 6 feet (1829 ☒ ☐ ☐ mm). 1231.2.26 Attorney interview space. See above All facilities except Type IV facilities shall include ☒ ☐ ☐ attorney interview areas which provide for confidential consultation with inmates. 1231.3.1 Toilets/urinals. 1. Toilets/urinals must be provided in single-occupancy ☒ ☐ ☐ cells and double-occupancy cells. 2. In dormitories, toilets/urinals must be provided in a There are no dormitories located within this ☐ ☐ ☒ ratio to inmates of 1:10. facility. 3. Toilets/urinals must be accessible to the occupants of ☒ ☐ ☐ day-rooms and exercise areas. 4. In temporary holding cells and temporary staging cells toilets/urinals must be provided in a ratio to inmates of ☒ ☐ ☐ 1:16. 5. In sobering cells toilets/urinals must be provided in a ☒ ☐ ☐ ratio to inmates of 1:8. 6. One urinal or 2 feet (610 mm) of urinal trough may be Toilets are located in all areas of this facility. substituted for each toilet up to one third of the total ☐ ☐ ☒ number of toilets required, except in those facilities or portions thereof used for females. 3010 Marin Main Jail II PHY 20-22 - 6 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17 19.dot (1/20) TITLE 24 SECTION YES NO N/A COMMENTS 7. Toilet areas shall provide modesty for inmates with ☒ ☐ ☐ staff being able to visually supervise. 1231.3.2 Wash basins. 1. Wash basins must be provided in single occupancy ☒ ☐ ☐ cells and double occupancy cells. 2. In dormitories, wash basins must be provided in a ratio There are no dormitories located in this facility. ☐ ☐ ☒ to inmates of 1:10. 3. Wash basins must be accessible to the occupants of ☒ ☐ ☐ day-rooms and exercise areas 4. In temporary holding cells and temporary staging cells, wash basins must be provided in a ratio to inmates ☒ ☐ ☐ of 1:16. 5. In sobering cells, wash basins must be provided in a ☒ ☐ ☐ ratio to inmates of 1:8. 6. Wash basins must be provided with hot and cold or ☒ ☐ ☐ tempered water. 7. Two feet (610 mm) of wash basin trough may be There are no wash basin troughs located in this ☐ ☐ ☒ substituted for each basin required. facility. 1231.3.3 Drinking fountains. There must be a minimum of one drinking fountain in every single-occupancy cell, double-occupancy cell, dormitory, ☒ ☐ ☐ temporary holding cell, temporary staging cell, sobering cell, and be accessible to the occupants of day rooms and exercise areas. Additional drinking fountains shall be located in other areas of the facility so that drinking water will be available to ☒ ☐ ☐ inmates and staff. Such drinking fountains must meet the following minimum health requirements: 1. The drinking fountain bubbler shall be on an angle ☒ ☐ ☐ which prevents waste water from flowing over the drinking fountain bubbler. 2. Water flow shall be actuated by mechanical means. ☒ ☐ ☐ 1231.3.4 Showers Must be available to all inmates on a ratio of at least one ☒ ☐ ☐ shower to every 20 inmates or fraction thereof and must provide hot and cold water or tempered water. Shower stalls/shower areas must be designed and constructed of materials which are impervious to water and soap so they ☒ ☐ ☐ may be easily cleaned. Shower areas shall provide modesty for inmates with staff ☒ ☐ ☐ being able to visually supervise. 1231.3.5 Beds Must be elevated off the floor, have a solid bottom, and a ☒ ☐ ☐ sleeping surface of at least 30 inches (762 mm) wide and 76 inches (1930 mm) long. Multiple beds must have a minimum of 21 inches (533 mm) ☒ ☐ ☐ between bed pans. Except in minimum security areas, beds must be securely ☒ ☐ ☐ fastened to the floor or the wall. 1231.3.6 Lighting. Lighting in housing units, dayrooms and activity areas must be sufficient to permit easy reading by a person with normal ☒ ☐ ☐ vision, and shall not be less than 20 footcandles (215.2 lux) at desk level and in the grooming area. 3010 Marin Main Jail II PHY 20-22 - 7 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17 19.dot (1/20) TITLE 24 SECTION YES NO N/A COMMENTS Lighting shall be centrally controlled and/or occupant ☒ ☐ ☐ controlled in housing cells or rooms. Night lighting in these areas shall be sufficient to give good ☒ ☐ ☐ visibility for purposes of supervision In minimum-security areas, lighting may be supplied by ordinary lighting fixtures, and in areas of higher security, ☒ ☐ ☐ light fixtures must be of secure design. 1231.3.7 Windows. In housing areas of higher than minimum security, exterior windows which are constantly accessible to inmates for ☒ ☐ ☐ escape must be designed and constructed so that if broken out, the net area accessible for escape is no greater than 5 inches (127 mm) in one dimension. 1231.3.8 Cell padding. ☒ ☐ ☐ In sobering cells, the floor and partition shall be padded. In safety cells, padding must cover the entire floor, doors, and walls and everything on them to a clear height of 8 feet (2438 ☒ ☐ ☐ mm). All such padded cells must be equipped with a tamper resistant fire sprinkler as approved by the State Fire Marshal. ☒ ☐ ☐ All padding must be: 1. Approved for use by the State Fire Marshal; ☒ ☐ ☐ 2. Nonporous to facilitate cleaning; ☒ ☐ ☐ 3. At least 1/2-inch (12.7 mm) thick; ☒ ☐ ☐ 4. Of a unitary or laminated construction to prevent its destruction by teeth, hand tearing or small metal ☒ ☐ ☐ objects; 5. Firmly bonded to all padded surfaces to prevent ☒ ☐ ☐ tearing or ripping; and 6. Without any exposed seams susceptible to tearing or ☒ ☐ ☐ ripping. 1231.3.9 Mirrors. A mirror of a material appropriate to the level of security ☒ ☐ ☐ must be provided near each wash basin specified in these regulations. 1231.3.10 Seating. Benches In temporary holding and temporary staging cells, seating ☒ ☐ ☐ must be securely fixed to the floor and/or wall. When bench seating is used, 18 inches (457 mm) of bench is ☒ ☐ ☐ seating for one person. 1231.3.11 Table/seat. In single- and double-occupancy cells, a table and seat for the purpose of writing and dining shall be provided. ☒ ☐ ☐ Exception: A Type I facility does not require a table and a seat. 1231.3.12 Weapons locker. A secure weapons locker shall be located outside the security ☒ ☐ ☐ perimeter of the facility Such weapons lockers shall be equipped with individual ☒ ☐ ☐ compartments, each with an individual locking device. Weapons lockers are required in temporary and court holding ☒ ☐ ☐ facilities and in all facilities of higher than minimum security. 3010 Marin Main Jail II PHY 20-22 - 8 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17 19.dot (1/20) TITLE 24 SECTION YES NO N/A COMMENTS 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 are applicable to the facility type and construction date in the "comments" section.) 3010 Marin Main Jail II PHY 20-22 - 9 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17 19.dot (1/20) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3010 FACILITY: Marin County Jail TYPE: II RC: 349 FIELD REPRESENTATIVE: Kimberly Moule and Traci Kessler DATE: 9/14/2022 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 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 confirm a minimum of 70 square feet. All dayroom spaces are irregular shapes. BOOKING Booking Safety 1988 2 0 1 (2) 8.6’X5.8’ Booking Sobering 1988 2 0 8 (16) 16.6’X9.7’ 1 1 1 Booking Holding 1988 1 0 7 (7) 11.5’X8.2’ 1 1 1 Booking Holding 1988 1 0 7 (7) 11.3’X7.8’ 1 1 1 Notes: Each of the two holding cells has 11' bench. There are three showers in the booking area. Housing Pod A A Single 1988 13 1 1 13 1 1 1 A Double 1988 28 2 2 56 1 1 1 Housing Pod B B Single 1988 13 1 1 13 1 1 1 B Double 1988 28 2 2 56 1 1 1 Housing Pod C C Single 1988 13 1 1 13 1 1 1 C Double 1988 28 2 2 56 1 1 1 Special Housing Pod D Double 1988 20 2 2 40 1 1 1 Safety 1988 1 0 (1) (1) 10.0’X6.0’ Protective Custody Housing Pod E Single 1988 5 1 1 (5) 1 1 1 Double 1988 11 2 2 (22) 1 1 1 *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 Main Jail II LASE 20-22 - 1 - A360 LAS Adult-05.dot (8/05) 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 Notes: Eleven double and 5 single cells are used for MMH housing and are excluded from the RC (Title 15, Section 1006). This reflects 2 double cells that were transferred from MMH housing to PC at the 2005 inspection. Eight showers for the unit; four lock-down cells with additional dayroom space; 2726 square feet total dayroom space with corridor deduction. Housing Pod F Single 1988 2 1 1 2 1 1 1 Double 1988 28 2 2 56 1 1 1 Housing Pod F Special Cells Double 1988 5 2 2 10 1 1 1 Housing Pod G / Administrative Separation Single 1988 11 1 1 11 1 1 1 Double 1988 3 2 2 6 1 1 1 Housing Pod H Single 1988 11 1 1 11 1 1 1 Double 1988 3 2 2 6 1 1 1 Safety 1988 1 0 1 (1) 8.0’X8.0’ *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 Main Jail II LASE 20-22 - 1 - A360 LAS Adult-05.dot (8/05) COURT HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3015 FACILITY NAME: Marin County Civic Center Court Holding FACILITY TYPE: CH PERSON(S) INTERVIEWED: Sergeant Russell (Gary) Wilbanks FIELD REPRESENTATIVE: Kimberly Moule and Traci Kessler DATE: September 14, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY CRT 01-01 Training HOLDING FACILITY TRAINING All staff are trained in court holding procedures and operations. Custodial personnel who supervise inmates in, and All staff assigned to court holding are CORE supervisors of, a Court Holding or Temporary Holding trained and receive annual in-service training to facility shall complete 8 hours of specialized training. Such include eight hours of jail operations training. training shall include, but not be limited to: (a) applicable minimum jail standards; (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, but in All staff are CORE trained prior to assignment. any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training 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 once In addition to annual agency updates, in-service every two years. Successful completion of the requirements training is provided and exceeds the required in Section 1025, Continuing Professional Training may be eight hours. Annual training includes, but is ☒ ☐ ☐ substituted for the eight-hour refresher. not limited to, CPR, First Aid, Suicide Prevention, Fire and Life Safety, Use of Force, Court Holding and Transportation. 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. 3015 Marin Civic Center CH PRO 20-22 - 1 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL CRT 4-08 Handling of Inmates Staffing Plan A sufficient number of personnel shall be employed in each The Court Administrative Sergeant shall review local detention facility to ensure the implementation and the Court Calendar daily and assign personnel operation of the programs and activities required by these as needed to ensure proper and safe function of regulations. the court division in accordance with policies and procedures of the division and of the Sheriff’s Department. A daily roster shall be prepared by the court admin sergeant, which documents staff assignments. ☒ ☐ ☐ Compliance with this regulation is based on the ability of staff to complete all Title 15 required tasks in addition to completing and documenting hourly safety checks. A sampling of 20 safety check logs were reviewed and reflected that hourly safety checks are being completed and are documented as required in the agency policy. Several active holding cell logs were reviewed while onsite and contained documented safety checks and behavioral observations. Whenever there is an inmate in custody, there shall be at Staffing plans were reviewed along with 20 least one employee on duty at all times in a local detention shift rosters that reflect both fixed post and facility or in the building which houses a local detention ☒ ☐ ☐ emergency response personnel assigned on each facility who shall be immediately available and accessible to shift rotation. inmates in the event of an emergency. Such an employee shall not have any other duties which Please see above. would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there BSCC staff reviewed 20 random shift rosters shall be at least one female employee who shall be and were able to verify that female staffing is ☒ ☐ ☐ immediately available and accessible to such females. Note: assigned to each shift. Reference PC§ 4021. To determine if there is a sufficient number of personnel for Compliance with this regulation is based on the a specific facility, the facility administrator shall prepare and ability of staff to complete all Title 15 required retain a staffing plan indicating the personnel assigned in the tasks in addition to completing and facility and their duties. Such a staffing plan shall be documenting hourly safety checks. ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial A sampling of 20 safety check logs were inspection. The results of such a review and reviewed and reflected that hourly safety recommendations shall be reported to the local jurisdiction checks are being completed and are having fiscal responsibility for the facility. documented as required in the agency policy. 1027.5 SAFETY CHECKS CRT 4-08 Inmate Handling Inmates detained in Court Holding shall be Safety checks shall be conducted at least hourly through directly supervised by the deputy assigned to direct visual observation of all inmates. There shall be no the associated judicial department. Safety more than a 60 minute lapse between safety checks. checks are required to occur in intervals of time not exceeding one hour. ☒ ☐ ☐ A sampling of 20 safety check logs in addition to random active logs were reviewed and were found to contain appropriate documented safety checks that were within the required timeframes. There shall be a written plan that includes the documentation Please see above. ☒ ☐ ☐ of routine safety checks. 3015 Marin Civic Center CH PRO 20-22 - 2 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1028 FIRE AND LIFE SAFETY STAFF Fire Life Safety and Prevention All staff are trained in fire life and safety during Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ CORE training and receive annual updates. 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[b]) The facility manager shall ensure that there is at least one All personnel assigned to court holding are person on duty who trained in fire and life safety procedures ☒ ☐ ☐ trained in fire and life safety. that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 CRT 01-02 Marin County Sheriff’s Office Facility administrator(s) shall develop and publish a manual Court Services Division Policy and of policy and procedures for the facility. The policy and Procedure Manual procedures manual shall address all applicable Title 15 and It is the policy of the Marin County Sheriff’s Title 24 regulations and shall be comprehensively reviewed Office to provide a uniform guide and source of and updated at least every two years. Such a manual shall be ☒ ☐ ☐ reference to the duties, responsibilities, and made available to all employees. legal and organizational framework within which court security operates. The policies and procedures required in subsections (a)(6) The agency policy, along with the Court and (a)(7) may be placed in a separate manual to ensure Holding Procedures was reviewed. The last confidentiality. Subsections d does not apply and has been formal review and update occurred on July 19, deleted. 2022. (a) The manual shall provide for, but not be limited to, the CRT 01-03 following: The agency Organizational Chart was reviewed. ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility Review of established procedures is the administrator/manager. responsibility of the Court Security Lieutenant and shall be updated as needed. In practice, inspections and review of ☒ ☐ ☐ operations are completed by the administrative sergeant and are reviewed by the lieutenant assigned to court security. (3) Policy on the use of force. CRT 04-01 Inmate Handling 300 Use of Force The Marin County Sheriff’s Office is dedicated to upholding the Constitution and enforcing State and local laws in a fair, impartial, and ethical manner. The Sheriff’s Office recognizes that the authority to use physical force is a serious responsibility that shall be exercised ☒ ☐ ☐ judiciously and with respect for all human rights and for the sanctity of human life. The Law Enforcement Code of Ethics requires all sworn law enforcement officers to carry out their duties with courtesy, respect, professionalism, and to never employ unnecessary force. The agency policy on Use of Force is applied unilaterally and is consistent across divisions. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3015 Marin Civic Center CH PRO 20-22 - 3 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) Policy on the use of restraint equipment, including the CRT 04-01 Use of Restraint Devices restraint of pregnant inmates as referenced in Penal Code Restraint devices will be used when required by Section 3407. policy and when they are required for security reasons, and or, classification reasons, such as the total number of prisoners being handled, special security risk, etc. An inmate known to be pregnant, or in delivery or recovery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body. A pregnant inmate in labor, during ☒ ☐ ☐ delivery or in recovery, shall not be restrained by the wrists, ankles, or both unless deemed necessary for the safety and security of the inmate, staff, or the public. Of the documentation reviewed, there were no instances of a pregnant female being restrained with restraint devices other than mechanical restraints that were secured in front of the body. There were no pregnant female inmates in custody on the date of the physical plant inspection. (6) Security and control including physical counts of CRT 01-01 Emergency Operations inmates, searches of the facility and inmates, contraband control, and key control. Each facility administrator shall, at least annually, review, evaluate, and make a record of ☒ ☐ ☐ security measures. The review and evaluation shall include internal and external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: The Emergency Operations Policy was ☒ ☐ ☐ reviewed and contains the below referenced procedures. (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ (C) mass arrests; ☒ ☐ ☐ (D) natural disasters; ☒ ☐ ☐ (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ (F) storage, issue, and use of weapons, ammunition, ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ (9) Segregation of Inmates. ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual abuse and PREA General Orders sexual harassment. The agency policy for Zero Tolerance of sexual ☒ ☐ ☐ abuse and harassment is posted in inmate holding areas along with methods for reporting. 3015 Marin Civic Center CH PRO 20-22 - 4 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (11) Policy and procedure to detect, prevent, and respond The PREA policy was reviewed and BSCC to retaliation against any staff or inmate after reporting staff were able to verify the following: any abuse. The inmate Orientation Handbook was reviewed and contains specific detailed information on the reporting of sexual abuse, ☒ ☐ ☐ harassment, or retaliation. Inmates were interviewed during the onsite physical plant inspection and report that they are aware of the agency policy for zero tolerance and in addition, they are aware of how to submit a concern or complaint. (b) The policies and procedures required in subsections (a)(6) PREA Polices are contained and applied and (a)(7) may be placed in a separate manual to ensure ☒ ☐ ☐ unilaterally across all divisions. confidentiality. (c) The manual for court holding facilities shall include all of the procedures listed in subsection (a), except number (5) ☒ ☐ ☐ (which has been deleted). (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be ☒ ☐ ☐ limited to, the following: (1) multiple internal ways for inmates to privately report Please see above. sexual abuse and sexual harassment, retaliation by other inmates 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 inmates, family, Uninvolved inmates, family, community community members, and other interested third-parties members and other interested third-parties are to report sexual abuse or sexual harassment. The able to make such reports verbally, by written method for reporting shall be publicly posted at the inquiry, or by using a citizen’s complaint form. ☒ ☐ ☐ facility. BSCC staff verified that this information is accessible on the agency website and is posted in public lobbies during the physical plant inspection. 1030 SUICIDE PREVENTION PROGRAM CRT 4-04 Suicidal Prisoners All personnel are initially trained in suicide The facility shall have a comprehensive written suicide prevention and receive annual updates. prevention program developed by the facility administrator, ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct All staff members who are responsible for contact with inmates. supervising inmates shall receive initial and ☒ ☐ ☐ biannual training on suicide risk identification, prevention, and intervention. (b) Intake screening for suicide risk immediately upon intake Suicide risk screening occurs at the jail. ☒ ☐ ☐ and prior to housing assignment. (c) Provisions facilitating communication among Staff members shall promptly refer any inmate arresting/transporting officers, facility staff, medical and who is at risk for suicide to classification, mental health personnel in relation to suicide risk. health services, and mental health services. ☒ ☐ ☐ Communication between transportation and court holding staff is constant during the periods of court movement. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ This is a classification decision. 3015 Marin Civic Center CH PRO 20-22 - 5 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Supervision depending on level of suicide risk. The safety and security of this facility is dependent on a classification system that ☒ ☐ ☐ identifies inmates who pose a risk to themselves or to others. (f) Suicide attempt and suicide intervention policies and 719.3 Suicide Prevention Team procedures. Following a suicide attempt, staff should initiate a medical emergency response and initiate and continue appropriate life-saving measures until relieved by qualified health care professionals. The arriving medical staff should perform the appropriate medical evaluation and intervention. In the event of an attempted or completed ☒ ☐ ☐ suicide, the Jail Lieutenants, or in their absence the Watch Commander, should be promptly notified. The Jail Lieutenants or Watch Commander should notify the Captain. All in-custody deaths, including those resulting from suicide, shall be investigated and documented in accordance with the Reporting In-Custody Deaths Policy (15 CCR 1030). (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ Please see above. (h) Multi-disciplinary administrative review of suicides and 719.7.1 DEBRIEFING attempted suicides as defined by the facility administrator. A critical incident debriefing should occur after any suicide attempt or death of an inmate or onsite staff member. Information will be communicated to the Captain or his/her designee to apprise them of the incident and the actions taken with regard to ☒ ☐ ☐ the incident. An assessment of the facility’s emergency response actions surrounding the death of an inmate shall be conducted by a Multi- disciplinary review team. The purpose of the administrative review is to identify areas where operations, policies, and procedures may be improved. 1032 FIRE SUPPRESSION PREPLANNING CUS 9-4 Fire Life Safety and Prevention This policy resides in the department wide Pursuant to Penal Code Section 6031.1(b), the facility policy. administrator shall consult with the local fire department ☒ ☐ ☐ In-service fire life and safety training is having jurisdiction over the facility, with the State Fire provided annually during in-service training. 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 fire The San Rafael Fire Department provides fire department to be included as part of the policy and procedures protection for the facility. ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section SRFD tests fire safety equipment systems and 1029); inspects the facility annually. (b) regular fire prevention inspections by facility staff on a Internal inspection is a priority for the agency, monthly basis with two-year retention of the inspection however, there were missing documented record; monthly fire inspections noted during the ☐ ☒ ☐ documentation review process. The agency is aware and will implement a redundant system to ensure that such inspections are documented and maintained. 3015 Marin Civic Center CH PRO 20-22 - 6 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) fire prevention inspections as required by Health and Due to the challenges with available fire Safety Code Section 13146.1(a) and (b) which requires inspectors and public health directives limiting inspections at least once every two years; facility access, the agency has not completed their local fire inspection required during this ☐ ☒ ☐ inspection cycle. They agency is in contact with their local fire authority to complete their inspection. The agency will advise once this has been completed. (d) an evacuation plan; and, Reviewed and verified that the agency Fire Suppression Plan includes an evacuation plan and a protocol for the emergency housing of evacuated inmates. Inmates being evacuated ☒ ☐ ☐ from court holding would be returned to the jail. Because the court holding facility is directly connected to the jail, a facility wide evacuation would follow the above listed procedure. (e) a plan for the emergency housing of inmates in the case of Please see above. ☒ ☐ ☐ fire. 1044 INCIDENT REPORTS In practice, incident reports are not generated in court holding. Should a documented report become necessary, it would be handled by Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☐ ☐ ☒ patrol. reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons involved, a description of the incident, the actions taken, and ☐ ☐ ☒ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility ☐ ☐ ☒ manager or his/her designee. 1046 DEATH IN CUSTODY CUS 10-18 Death of Inmate and Notification of Next of Kin and Detention Medical and Mental Health Services Policy and (a) Death in Custody Reviews for Adults and Minors. Procedures Manual 1111. The facility administrator, in cooperation with the health Annual death reviews are facilitated by the administrator, shall develop written policy and procedures to ☒ ☐ ☐ county physician and include the jail ensure that there is an initial review of every in-custody death administrator. 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 appropriateness of All in-custody deaths, including those resulting clinical care; whether changes to policies, procedures, or from suicide, shall be investigated, and ☒ ☐ ☐ practices are warranted; and to identify issues that require documented in accordance with the Reporting further study. In-Custody Deaths Policy (15 CCR 1030). (b) Death of a Minor CRT 4-06 Inmate Handling In any case in which a minor dies while detained in a jail, Placement and Supervision of Minors in Court lockup, or court holding facility: Holding Facilities. ☒ ☐ ☐ Although minors are not transported or supervised by sheriff’s office, court holding staff, an investigation including the above- mentioned disciplinary team would follow the protocol for a death in custody. 3015 Marin Civic Center CH PRO 20-22 - 7 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A ☒ ☐ ☐ copy of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the Death of a Detained Minor – D.O.J. administrator, the Board may within 30 calendar days Reporting Requirements 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. 1050 CLASSIFICATION PLAN CRT 4-08 Inmate Handling Classification Classification screening review and appeals (b) Each administrator of a court holding facility shall occur at the jail. establish and implement a written plan designed to provide for the safety of staff and inmates held at the facility. The ☒ ☐ ☐ plan shall include receiving and transmitting of information regarding inmates who represent unusual risk or hazard while confined at the facility, and the segregation of such inmates to the extent possible within the limits of the court holding facility. (c) In deciding whether to assign an inmate to a housing area Classification does not occur in court holding. for male or female inmates, and in making other housing and Should a change in classification status become programming assignments, the agency shall consider on a necessary for an inmate while in court holding, case-by-case basis whether a placement would ensure the the inmate is separated and reviewed by ☐ ☐ ☒ inmate's health and safety, and whether the placement would classification upon return to the jail. 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 CRT 10-4 Communicable Disease - Housing Considerations The facility administrator, in cooperation with the CRS-10-5 Notification of Inmate Isolation for responsible physician, shall develop written policies and Communicable Disease procedures specifying those symptoms that require The agency Communicable Disease Policy was segregation of an inmate until a medical evaluation is ☒ ☐ ☐ reviewed by BSCC staff. This screening occurs completed at the jail. Should an inmate exhibit signs or symptoms as noted in the agency policy while held in court holding, the inmate is separated and returned to the jail for medical screening and evaluation. At the time of intake into the facility, an inquiry shall be Communicable disease screening occurs at the made of the person being booked as to whether or not he/she jail. has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES CRT 4-7 Sub-Classification Levels of Mental Health Inmates The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. 3015 Marin Civic Center CH PRO 20-22 - 8 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If an evaluation from medical or mental health staff is not This screening occurs at the jail. readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff 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 safety of Holding cells are used to temporarily separate the inmate or others. ☒ ☐ ☐ inmates to protect their safety or the safety of others while held in court holding. 1053 ADMINISTRATIVE SEGREGATION CRT 4-08 Inmate Handling Placement and Supervision of Inmates in Except in Type IV facilities, each facility administrator shall Court Holding Facilities develop written policies and procedures which provide for Separation for inmates that pose a threat to the administrative segregation of inmates who are others or facility safety and security are determined to be prone to: promote activity or behavior that separated with the use of temporary holding is criminal in nature or disruptive to facility operations; cells. demonstrate influence over other inmates, including influence to promote or direct 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 and Holding cells located in the court holding secure housing but shall not involve any other deprivation of facility are designed and equipped alike with privileges than is necessary to obtain the objective of the exception of size and capacity. All holding protecting the inmates and staff. ☒ ☐ ☐ cells located in the court holding facility were observed during the onsite physical plant inspection and are equipped with all required Title 24 furnishings and fixtures. 1057 DEVELOPMENTALLY DISABLED CRT 4-08 Inmate Handling INMATES This screening occurs at the jail. The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional Identification and evaluation of all center on any inmate suspected or confirmed to be developmentally disabled inmates, including developmentally disabled for the purposes of diagnosis contacting the regional center for the and/or treatment within 24 hours of such determination, ☒ ☐ ☐ developmentally disabled to assist with excluding holidays and weekends. diagnosis and/or treatment within 24 hours of identification, excluding holidays and weekends. 3015 Marin Civic Center CH PRO 20-22 - 9 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES CRT 4-01 Use of Restraint Devices It is the policy of the Marin County Sheriff’s The facility administrator, in cooperation with the Office to create a uniform policy governing the responsible physician, shall develop written policies and use of restraint devices within the courts. procedures for the use of restraint devices and may delegate The only approved restraint devices used in the authority to place an inmate in restraints to a responsible court holding facility are mechanical restraints. health care staff. 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 Restraints are used for inmate movement. ☒ ☐ ☐ substitute for treatment. Restraint devices shall only be used on inmates who display Mechanical restraints are used for inmate behavior which results in the destruction of property or movement. Inmates exhibiting signs described reveal an intent to cause physical harm to self or others. in this regulation would be returned to the jail. 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 Inmates required restraints other than of the facility manager, the facility watch commander, mechanical restraints are returned to the jail. 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. 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 CRT 4-01 Inmate Handling Use of Restraints An inmate who is known to be pregnant or in The facility administrator, in cooperation with the recovery after delivery shall not be restrained responsible physician, shall develop written policies and ☒ ☐ ☐ by the use of leg irons, waist chains, or procedures for the use of restraint devices on pregnant handcuffs behind the body. inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: 3015 Marin Civic Center CH PRO 20-22 - 10 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) An inmate known to be pregnant or in recovery after An inmate known to be pregnant, or in delivery delivery shall not be restrained by the use of leg irons, or recovery shall not be restrained by the use of waist chains, or handcuffs behind the body. leg irons, waist chains, or handcuffs behind the body. A pregnant inmate in labor, during ☒ ☐ ☐ delivery or in recovery, shall not be restrained by the wrists, ankles or both unless deemed necessary for the safety and security of the inmate, staff, or the public. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained 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 professional who is currently responsible for the 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, she This occurs at the jail. shall be advised, orally or in writing, of the standards ☒ ☐ ☐ and policies governing pregnant inmates. 1068 ACCESS TO COURTS AND COUNSEL CRT 4-08 Inmate Handling Access to Courts 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 these Mail is not generated or processed at the court ☐ ☐ ☒ regulations, and, holding facility. (b) confidential consultation with attorneys. BSCC staff observed and verified that there are confidential interview rooms located within the ☒ ☐ ☐ court holding facility that are used for confidential consultation for inmates and their counsel. 1280 FACILITY SANITATION, SAFETY, AND 800 Sanitation Inspections MAINTENANCE 802 Housekeeping and Maintenance The purpose of this policy is to establish The facility administrator shall develop written policies and guidelines to ensure that the facility is kept procedures for the maintenance of an acceptable level of ☒ ☐ ☐ clean and in good repair in accordance with cleanliness, repair and safety throughout the facility. Such a accepted federal, state and county standards. plan shall provide for a regular schedule of housekeeping During the physical plant inspection, BSCC tasks and inspections to identify and correct unsanitary or staff observed the court holding facility holding unsafe conditions or work practices which may be found. cells to be clean, orderly, and in good repair. DETENTION OF MINORS Are minors held in this facility? If yes, the following CRT 4-06 Inmate Handling sections, including those summarized in Title 15, Article 10, Placement and Supervision of Minors in Court apply (Minors in Court Holding Facilities.) Holding Facilities. Minors are not transported or supervised by sheriff’s office, court holding staff. Minors are ☒ ☐ ☐ transported and supervised by probation staff while in court holding. When minors are held, they are held in designated areas that are out of sight and sound of adult inmates. 3015 Marin Civic Center CH PRO 20-22 - 11 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1122.5 PREGNANT MINORS An inmate known to be pregnant, or in delivery or recovery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the (a) The health administrator, in cooperation with the facility body. A pregnant inmate in labor, during administrator, shall develop written policies and procedures delivery or in recovery, shall not be restrained pertaining to pregnant minors that address the requirements by the wrists, ankles or both unless deemed in Title 15, Section 1417. ☒ ☐ ☐ necessary for the safety and security of the inmate, staff, or the public. Minors are not transported or supervised by sheriff’s office, court holding staff. Minors are transported and supervised by probation staff while in court holding. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☒ ☐ ☐ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ waist chains, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, delivery, or ☒ ☐ ☐ recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, she shall be advised, orally or in writing, of the standards and ☐ ☐ ☒ policies governing pregnant minors. 1161 CONDITIONS OF DETENTION CRT 4-06 Inmate Handling Placement and Supervision of Minors in Court holding facilities shall be designed to provide the Court Holding Facilities following: Conditions of Detention Minors are not transported or supervised by sheriff’s office, court holding staff. Minors are transported and supervised by probation staff while in court holding. (a) Separation of minors from adults in accordance with When minors are held, they are held in Section 208 of the Welfare and Institutions Code. ☒ ☐ ☐ designated areas that are out of sight and sound of adult inmates. (b) Segregation of minors in accordance with an established Marin County Sheriff’s Office, Classification classification plan. Policies do not apply to minors. ☐ ☐ ☒ Minors are transported and supervised by probation staff while in court holding. (c) Secure non-public access, movement within and egress. Minors shall not be allowed to come into contact If the same entrance/exit is used by both minors and adults, with adult detainees during movement, ☒ ☐ ☐ movements shall be scheduled in such a manner that there is placement, or detention in the holding facilities. no opportunity for contact. 3015 Marin Civic Center CH PRO 20-22 - 12 - A350 CH PRO eff. 01.01.19 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An existing court holding facility built in accordance with construction standards at the time of construction shall be considered as being in compliance with this article unless the condition of the structure is determined by the appropriate authority to be dangerous to life, health, or welfare of ☒ ☐ ☐ minors. Upon notification of noncompliance with this section, the facility administrator shall develop and submit a plan for corrective action to the Corrections Standards Authority within 90 days. 1162 SUPERVISION OF MINORS CRT 4-06 Inmate Handling Placement and Supervision of Minors in A sufficient number of personnel shall be employed in each Court Holding Facilities facility to permit unscheduled safety checks of all minors at A minimum of one staff member must be on least twice every 30 minutes, and to ensure the duty when a detained minor is present in the implementation and operation of the activities required by court holding facility. A staff member of the these regulations. There shall be a written plan that includes ☒ ☐ ☐ same sex as the minor detainee shall be on duty the documentation of safety checks. at all times. Although policy addresses minors in detention, in practice probation staff is responsible for the transportation and supervision of minors while detained in court holding. 1163 CLASSIFICATION CRT 4-06 Inmate Handling Placement and Supervision of Minors in The administrator of a court holding facility shall establish Court Holding Facilities and implement a written plan designed to provide for the Marin County Sheriff’s Office, Classification safety of staff and minors held at the facility. The plan shall Policies do not apply to minors. include receiving and transmitting of information regarding ☐ ☐ ☒ Minors are transported and supervised by minors who represent a risk or hazard to self or others while probation staff while in court holding. confined at the facility, and the segregation of such minors to the extent possible within the limits of the court holding facility, and for the separation of minors from any adult inmate(s) as required by Section 208 of the Welfare and Institutions Code. 1047 SERIOUS ILLNESS OR INJURY OF A CRT 4-06 Inmate Handling MINOR IN AN ADULT DETENTION CUS 10-18 Death of Inmate and Notification FACILITY of Next of Kin and Detention Medical and Mental Health Services Policy and The facility administrator shall develop policy and Procedures Manual 1111. procedures for notification of the court of jurisdiction and Annual death reviews are facilitated by the the parent, guardian, or person standing in loco parentis, in county physician and include the jail the event of a suicide attempt, serious illness, injury or death administrator. of a minor in custody. Placement and Supervision of Minors in Court ☒ ☐ ☐ Holding Facilities. Although minors are not transported or supervised by sheriff’s office, court holding staff, an investigation including the above mentioned disciplinary team would follow the Sheriff’s Office protocol for a death in custody. Annual death reviews are facilitated by the county physician and include the jail administrator. 3015 Marin Civic Center CH PRO 20-22 - 13 - A350 CH PRO eff. 01.01.19 (20-22).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001; 2005; 2008; 2010, 2013, 2017 BSCC Code: 3015 FACILITY NAME: Marin County Civic Center Court Holding Facility FACILITY TYPE: CH 6/94: ☒ 2/99: ☐ 2001: ☐ 2005: ☐ 2008: ☐ 2010: ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☐ 2017: ☐ ☐ ☐ ☐ FIELD REPRESENTATIVE: Kimberly Moule and Tracy Kessler DATE: September 14, 2022 TITLE 24 SECTION YES NO N/A COMMENTS The design of court holding and temporary holding facilities shall include the following required spaces from Sections 1231.2.2, 1231.2.19, 1231.2.20, 1231.2.21, 1231.2.22, 1231.2.24 and 1231.2.26. 1231.2.2 Temporary holding cell or room. A temporary holding cell or room shall: ☒ ☐ ☐ 1. Contain a minimum of 10 square feet (0.93 m2) of floor area per inmate; 2. Be limited to no more than 16 inmates; ☒ ☐ ☐ 3. Be no smaller than 40 square feet (3.7 m2) and have a Please see LASE for AMC in 1996 ☒ ☐ ☐ clear ceiling height of 8 feet (2438 mm) or more; 4. Contain seating to accommodate all inmates as ☒ ☐ ☐ required in Section 1231.3; 5. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; 6. Maximize visual supervision of inmates by staff; and Audio and video visual monitoring were tested and ☒ ☐ ☐ are operable. 7. When located in a temporary holding facility, the cell or room shall be equipped with a bunk if inmates are to ☐ ☐ ☒ be held longer than 12 hours. 1231.2.19 Safety equipment storage. A secure area shall be provided for the storage of safety equipment such as fire extinguishers, self-contained ☒ ☐ ☐ breathing apparatus, wire and barcutters, emergency lights, etc.. 1231.2.20 Janitors’ closet. In Type II facilities, at least one securely lockable janitors’ closet with sufficient area for the storage of cleaning ☒ ☐ ☐ implements and supplies must be provided within the security areas of the facility A mop sink shall also be available within the security area of the facility. In court holding, temporary holding, Types I, III and IV facilities, the closet need not be in the security area. ☒ ☐ ☐ 3015 Main Civic Center CH PHY 20-22 - 1 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.21 Storage rooms. One or more storage rooms shall be provided to accommodate a minimum of 80 cubic feet (2.3 m3) of storage area per inmate for inmate clothing and personal property, ☐ ☐ ☒ institutional clothing, bedding and supplies. Court holding, temporary holding and Type I facilities may be excluded from the storage space requirement for personal and institutional clothing unless clothing is issued. 1231.2.22 Audio monitoring system. Audio and video visual monitoring in holding cells In court holding, temporary holding, Type I, Type II and were tested and are operable. Type II facilities there shall be an inmate- or sound-actuated audio monitoring system in temporary holding cells or rooms, temporary staging cells or rooms, sobering cells, ☒ ☐ ☐ safety cells, single and double occupancy cells, dormitories, dayrooms, exercise areas and correctional program/multipurpose space, which is capable of alerting personnel who can respond immediately. 1231.2.24 Emergency power. Generator power There shall be a source of emergency power in all detention facilities capable of providing minimal lighting in all housing ☒ ☐ ☐ units, activities areas, corridors, stairs and central control points, and to maintain fire and life safety, security, communications and alarm systems. Such an emergency power source shall conform to the requirements specified in Title 24, Part 3, Article 700, ☒ ☐ ☐ California Electrical Code, California Code of Regulations. 1231.2.26 Attorney interview space. All facilities except Type IV facilities shall include attorney ☒ ☐ ☐ interview areas which provide for confidential consultation with inmates. 1231.3.1 Toilets/urinals. In temporary holding cells and temporary staging cells ☒ ☐ ☐ toilets/urinals must be provided in a ratio to inmates of 1:16. One urinal or 2 feet (610 mm) of urinal trough may be substituted for each toilet up to one third of the total number ☐ ☐ ☒ of toilets required, except in those facilities or portions thereof used for females. Toilet areas shall provide modesty for inmates with staff ☒ ☐ ☐ being able to visually supervise. 1231.3.2 Wash basins. In temporary holding cells and temporary staging cells, wash ☒ ☐ ☐ basins must be provided in a ratio to inmates of 1:16. Wash basins must be provided with hot and cold or tempered ☒ ☐ ☐ water. Two feet (610 mm) of wash basin trough may be substituted ☐ ☐ ☒ for each basin required. 1231.3.3 Drinking fountains. There must be a minimum of one drinking fountain in every single-occupancy cell, double-occupancy cell, dormitory, ☒ ☐ ☐ temporary holding cell, temporary staging cell, sobering cell, and be accessible to the occupants of day rooms and exercise areas. 3015 Main Civic Center CH PHY 20-22 - 2 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS Additional drinking fountains shall be located in other areas of the facility so that drinking water will be available to ☒ ☐ ☐ inmates and staff. Such drinking fountains must meet the following minimum health requirements: 1. The drinking fountain bubbler shall be on an angle ☒ ☐ ☐ which prevents waste water from flowing over the drinking fountain bubbler. 2. Water flow shall be actuated by mechanical means. ☒ ☐ ☐ 1231.3.6 Lighting. Lighting in housing units, dayrooms and activity areas must be sufficient to permit easy reading by a person with normal ☒ ☐ ☐ vision, and shall not be less than 20 footcandles (215.2 lux) at desk level and in the grooming area. Lighting shall be centrally controlled and/or occupant ☒ ☐ ☐ controlled in housing cells or rooms. Night lighting in these areas shall be sufficient to give good ☒ ☐ ☐ visibility for purposes of supervision In minimum-security areas, lighting may be supplied by ordinary lighting fixtures, and in areas of higher security, ☒ ☐ ☐ light fixtures must be of secure design. 1231.3.10 Seating. In temporary holding and temporary staging cells, seating ☒ ☐ ☐ must be securely fixed to the floor and/or wall. When bench seating is used, 18 inches (457 mm) of bench is ☒ ☐ ☐ seating for one person. 1231.3.12 Weapons locker. A secure weapons locker shall be located outside the security ☒ ☐ ☐ perimeter of the facility Such weapons lockers shall be equipped with individual ☒ ☐ ☐ compartments, each with an individual locking device. Weapons lockers are required in temporary and court holding ☒ ☐ ☐ facilities and in all facilities of higher than minimum security. 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 are applicable to the facility type and construction date in the "comments" section.) 3015 Main Civic Center CH PHY 20-22 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3015 FACILITY: Marin County Civic Center Court Holding TYPE: CH RC: (34) FIELD REPRESENTATIVE: Kimberly Moule and Traci Kessler DATE: September 14, 2022 ROOMS EACH ROOM Location Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Type Standards Cells RC (L x W x H) # Beds RC T U W F S Note: This Living Area Space Evaluation only includes the three court holding cells that were remodeled in 1998. Additional Pre-78 holding cells exist in the facility. On 9/19/96 the BSCC approved a Pilot Project to allow the structural beams to intrude on the holding cells. The county began occupying the remodeled cells in June 1998. A Holding 1994 1 8 (8) 13' X 7.2' 1 1 1 Note: 11.5' bench; structural beams painted red and reduce ceiling height to 7' in some areas; Alternate Means of Compliance granted 9/19/96. M Holding 1994 1 14 (14) 12.5' X 11.0' 1 1 1 Note: 23.2' bench; non-rated sallyport outside the cell. O Holding 1994 1 12 (12) 18.0' X 6.5' 1 1 1 Note: 27.3’ bench; structural beams across the cell are painted red and reduce the ceiling height to 6'8" in some areas. Alternate Means of Compliance granted 9/19/96. *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. 3015 Marin Civic Center CH LASE 20-22 - 1 - A360 LAS Adult-05.dot (8/05)