Marin Central Marin Police Authority (2023-2024 inspection cycle)

August 21, 2024 Michael Norton, Chief of Police Central Marin Police Authority 250 Doherty Drive Larkspur, CA 94939 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, CENTRAL MARIN POLICE AUTHORITY TEMPORARY HOLDING FACILITY Dear Chief Norton, The 2023-2024 Comprehensive Inspection of the Central Marin Police Authority temporary holding facility has been completed. A pre-inspection briefing was held on Wednesday, May 22, 2024, and the following facility was inspected on Tuesday, July 9, 2024: FACILITY NAME BSCC # FACILITY TYPE Central Marin Police Authority 3072 THJ This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition to the inspection(s) by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). The results of those inspections are considered a part of this report. INSPECTION RESULTS BSCC staff identified the following areas of noncompliance with the Title 15 Minimum Standards: §1032 Fire Suppression Preplanning: (b) Monthly fire prevention inspections by facility staff with two-year retention of the inspection records. During the on-site inspection, BSCC staff determined noncompliance due to the lack of monthly facility fire inspection logs. BSCC staff provided Sgt. Mainaris with an example of a monthly fire inspection log currently in use at a neighboring police department. Michael Norton Chief of Police Page 2 We identified no items of noncompliance with Title 24 Minimum Standards. For detailed information refer to the attached Procedures Checklist, Physical Plant Evaluation, and Living Area Space Evaluation. An Exit Briefing with your staff was held on Tuesday, July 9, 2024. BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. BSCC staff will follow up with your agency in 90 days to review the efforts made to bring this regulation into compliance. * * * Please let me know if I can be of any assistance to you or your staff. I can be reached via email at traci.kessler@bscc.ca.gov or call (916) 956-3682. Sincerely, TRACI KESSLER Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Marin County Superior Court* Chair, Grand Jury, Marin County* Chair, Board of Supervisors, Marin County* County Administrator, Marin County* Sgt. Mainaris, Central Marin Police Authority** *Copies of the inspection are available upon request or online at www.bscc.ca.gov. **Copy sent electronically. 3072 Marin Central Marin Police Authority THJ LTR 23-24 ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State & Community Corrections BSCC Code: 3072 FACILITY: Central Marin Police Authority TYPE: THJ RC: 0 FIELD REPRESENTATIVE: Traci Kessler DATE: July 9, 2024 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S A Holding 2005 1 0 0 (4) 10’ X 6’2” X 8’8” 1 1 1 Note: Bench 6’2” and 62 Sq. Ft. B Holding 2005 1 0 0 (6) 10” X 7’ 7” X 8’8” 1 1 1 Note: Bench 7’7” and 77 Sq. Ft. Bkg. Interview 2005 2 0 0 8’ X 10’ 7” X 8’8” Note: Interview Room A contains 4 chairs and a table. Interview Room B contains 4 secured stools and a secure table. Both rooms have a cuffing rail. There is a non-secure bathroom that is accessible to detainees being held in the interview rooms. *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. 3072 Marin Central Marin Police Authority THJ LASE 23-24 - 1 - A360 LAS Adult-05.dot (8/05) 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: 3072 FACILITY NAME: Central Marin Police Authority FACILITY TYPE: THJ 6/94: 2/99: 2001: 2005: 2008: 2010: ☐ ☐ ☐ ☒ ☐ ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☐ 2017: ☐ ☐ ☐ ☐ FIELD REPRESENTATIVE: Traci Kessler DATE: July 9, 2024 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. There are two temporary holding cells in this A temporary holding cell or room shall: facility. 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 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 Inmates are not held in this facility. 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 secured armory is located onsite. 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. A janitor’s closet is located onsite with a mop In Type II facilities, at least one securely lockable sink. 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. ☐ ☒ ☐ 3072 Marin Central Marin Police Authority THJ PHY 23-24 - 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. Inmate clothing is not stored in this facility. 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 monitoring was tested and is 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. 1231.2.24 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. Two interview rooms are located in this facility. All facilities except Type IV facilities shall include attorney interview areas which provide for confidential ☒ ☐ ☐ consultation with inmates. 1231.3.1 Toilets/urinals. Each temporary holding cell is equipped with In temporary holding cells and temporary staging cells a combo unit. 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. Each temporary holding cell is equipped with In temporary holding cells and temporary staging cells, a combo unit. 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. Each temporary holding cell is equipped with There must be a minimum of one drinking fountain in a combo unit. 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. 3072 Marin Central Marin Police Authority THJ PHY 23-24 - 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 weapons locker is located onsite. 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.) 3072 Marin Central Marin Police Authority THJ PHY 23-24 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3072 FACILITY NAME: Central Marin Police Authority FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sgt. Theo Maineris FIELD REPRESENTATIVE: Traci Kessler DATE: July 9, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.12 TRAINING HOLDING FACILITY TRAINING BSCC staff reviewed training records and At a minimum, all supervisors of and personnel who confirmed all applicable staff have completed supervise incarcerated persons in a Court Holding or the required eight hours of training. Temporary Holding facility shall complete eight hours of specialized corrections training. Such training shall Non-sworn staff (administrative) will be include, but not be limited to: required to participate in the eight-hour (a) applicable minimum jail standards; refresher training at the start of the agency’s (b) jail operations liability; next training cycle. (c) separation of incarcerated persons; (d) emergency procedures and planning, fire and life ☒ ☐ ☐ safety; and; (e) suicide prevention; (f) de-escalation; (g) juvenile procedures; (h) racial bias; and, (i) mental illness. Note: Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors. Such training shall be completed as soon as practical, but All initial training is completed during the in any event not more than six months after the date of Field Training Program and prior to assigned responsibility. Successful completion of Core assignment. ☒ ☐ ☐ training or supplemental Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. A total of eight hours of refresher training shall be 900.1.1 TRAINING completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional Eight hours of refresher training shall be Training may be substituted for the eight-hour refresher. completed once every two years (15 CCR ☒ ☐ ☐ 1024). BSCC staff reviewed training records confirming all staff have completed the eight- hour refresher training. 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. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL 216.1 STAFFING LEVELS A sufficient number of personnel shall be employed in The purpose of this policy is to ensure that ☒ ☐ ☐ each local detention facility to ensure the implementation proper supervision is available for all shifts. and operation of the programs and activities required by these regulations. Whenever there is a person in custody, there shall be at 900 TEMPORARY CUSTODY OF ADULTS least one employee on duty at all times in a local detention facility or in the building which houses a local This policy provides guidelines to address detention facility who shall be immediately available and the health and safety of adults taken into accessible to incarcerated people in the event of an temporary custody by members of the Twin emergency. Cities Police Department for processing prior to being released or transferred to a housing or other type of facility. ☒ ☐ ☐ 900.3.2 SUPERVISION IN TEMPORARY CUSTODY An authorized department member capable of supervising shall be present at all times when an individual is held in temporary custody. BSCC staff verified that the arresting agent remains with a detainee while in temporary holding. Such an employee shall not have any other duties which Reviewed and confirmed. would conflict with the supervision and care of ☒ ☐ ☐ incarcerated people in the event of an emergency. Whenever one or more females are in custody, there Confirmed. shall be at least one female employee who shall be ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC § 4021. In order to determine if there is a sufficient number of 900.3.3 STAFFING PLAN personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the The Chief of Police or the authorized personnel assigned in the facility and their duties. Such a ☒ ☐ ☐ designee shall ensure a staffing plan is staffing plan shall be reviewed by the Board staff at the prepared and maintained, indicating time of their biennial inspection. The results of such a assigned personnel and their duties. review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.5 SAFETY, HEALTH AND OTHER PROVISIONS The facility administrator shall develop and implement policy and procedures for conducting safety checks that 900.5.1 TEMPORARY CUSTODY LOGS include, but are not limited to, the following: (a) Safety checks will determine the safety and well-being ☒ ☐ ☐ When an individual is in temporary custody of individuals and shall be conducted at least hourly at the Central Marin Police Authority through direct visual observation of all people held and temporary holding facility, the custody shall housed in the facility. be promptly and properly documented in a custody log. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 2 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) There shall be no more than a 60-minute lapse BSCC staff reviewed safety check logs for between safety checks. the previous 12 months confirming that ☒ ☐ ☐ safety checks are conducted and documented with no more than a 60-minute lapse between checks. (c) Safety checks for people in sobering cells, safety cells, This facility does not have a sobering cell or and restraints shall occur more frequently as outlined in safety cell. ☐ ☐ ☒ section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied Reviewed and confirmed. ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the Reviewed and confirmed. documentation of all safety checks. Documentation shall include: ☒ ☐ ☐ (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check Reviewed and confirmed. occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff Reviewed and confirmed. ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are 900.5.1 TEMPORARY CUSTODY LOGS reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.12 TRAINING Whenever there is a person in custody, there shall be at Department members should be trained and least one person on duty at all times who meets the familiar with this policy and any training standards established by the Board for general ☒ ☐ ☐ supplemental procedures. fire and life safety. [Penal Code section 6030(c)]. (d) Emergency procedures and planning, fire safety, and life safety. All staff are trained in fire life and safety. The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 3 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL2 204 General Order Facility administrator(s) shall develop and publish a General Orders establish an manual of policy and procedures for the facility. The interdepartmental communication that may policy and procedures manual shall address all be used by the Chief of Police to make applicable Title 15 and Title 24 regulations and shall be immediate changes to policy and procedure comprehensively reviewed and updated at least every consistent with the current Memorandum of two years. Such a manual shall be made available to all Understanding and as permitted by employees. Government Code § 3500 et seq. Notes: The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate 204.2.2 CHIEF OF POLICE manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. The Chief of Police shall issue all Departmental Directives. ☒ ☐ ☐ 206.4 UPDATING OF MANUALS The Chief of Police or designee shall review the Emergency Management Plan Manual at least once every two years to ensure that the manual conforms to any revisions made by the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS) and should appropriately address any needed revisions. The agency utilizes LEXIPOL Policies that are under constant review and update. The most recent comprehensive update was completed in June 2023. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility 908.8 HOLDING CELL AND HARD administrator/manager. INTERVIEW ROOMS INSPECTIONS Holding cells and interview rooms are inspected at the beginning and end of each ☒ ☐ ☐ shift as well as prior to each use and when removing a detainee. A sampling of inspection logs was reviewed and reflected daily inspections of holding cells. (3) Policy on the use of force that meets current state 466.7 USE OF FORCE and federal legal requirements and includes prohibition of the use of carotid restraint and choke Use of force is governed by current holds. ☒ ☐ ☐ department policy and applicable law (see the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies). 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 4 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) Policy on the use of restraint equipment, including 306.3 USE OF RESTRAINTS the restraint of pregnant persons as referenced in Penal Code Section 3407. Only members who have completed Central Marin Police Authority-approved training on the use of restraint devices described in this policy are authorized to use these devices. 306.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. Leg irons, waist chains, or handcuffs behind the body should not be used unless the officer ☒ ☐ ☐ has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property. No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). It is the practice of the Central Marin Police Authority that, absent exigent circumstances, persons who are known to be pregnant will not be held in the temporary holding facility. (5) Procedure and criteria for screening newly Inmates are not held in this facility. received persons for release. ☐ ☐ ☒ Screening of inmates occurs at the county jail. (6) Security and control including physical counts and 322 Search and Seizure searches of the facility and incarcerated persons, contraband control, and key control. Temporary holding cells are searched prior Each facility administrator shall, at least annually, to and at the conclusion of use. review, evaluate, and make a record of security measures. The review and evaluation shall include ☒ ☐ ☐ The annual review of the facility is conducted internal and external security measures of the facility jointly by a facility Chief and Lieutenant. The including security measures specific to prevention of most recent security review, conducted in sexual abuse and sexual harassment. 2024, evidenced the need for an updated internal camera system. This new system has been installed and operational. (7) Emergency procedures include: 900.11 ASSIGNED ADMINISTRATOR (A) fire suppression preplan as required by section 1032 of these regulations; The Operations Commander will ensure any ☒ ☐ ☐ reasonably necessary supplemental procedures are in place to address the issues listed below. (15 CCR 1029) (B) escape, disturbances, and the taking of Reviewed. ☒ ☐ ☐ hostages; (C) mass arrests; ☒ ☐ ☐ Reviewed. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 5 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; ☒ ☐ ☐ Reviewed. (E) periodic testing of emergency equipment; and ☒ ☐ ☐ Reviewed. (F) storage, issue, and use of weapons, Reviewed. ammunition, chemical agents, and related ☒ ☐ ☐ security devices. (8) Suicide Prevention. ☒ ☐ ☐ Reviewed. (9) Separation of incarcerated persons. ☒ ☐ ☐ Reviewed. (10) Zero tolerance in the prevention of sexual abuse 904.2 PRISON RAPE ELIMINATION ACT and sexual harassment. (PREA) POLICY The Central Marin Police Authority has zero tolerance toward all forms of sexual abuse and sexual harassment (28 CFR 115.111). The Department will not tolerate retaliation against any person who reports sexual ☒ ☐ ☐ abuse or sexual harassment or who cooperates with a sexual abuse or sexual harassment investigation. The Central Marin Police Authority will take immediate action to protect detainees and prisoners who are reasonably believed to be subject to a substantial risk of imminent sexual abuse (28 CFR 115.162; 15 CCR 1029). (11) Policy and procedure to detect, prevent, and Reviewed. respond to retaliation against any staff or person after ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for This is a temporary holding facility. incarcerated persons. ☐ ☐ ☒ Discharge planning for incarcerated individuals is conducted at the county jail. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 6 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, 904.4 REPORTING SEXUAL ABUSE, Type I, II, III, and IV facilities shall provide for, but not be HARASSMENT, AND RETALIATION limited to, the following: (1) multiple internal ways for incarcerated people to Detainees or prisoners may make reports to privately report sexual abuse and sexual any staff member verbally, in writing, harassment, retaliation by other incarcerated privately, or anonymously of any of the persons or staff for reporting sexual abuse and following (28 CFR 115.151; 15 CCR 1029): sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such • Sexual abuse incidents, • Sexual harassment • Retaliation by other detainees or prisoners or staff for reporting sexual abuse or sexual harassment • Staff neglect or violation of responsibilities that may have ☒ ☐ ☐ contributed to sexual abuse or sexual harassment During intake, the Department shall notify all detainees and prisoners of the zero- tolerance policy regarding sexual abuse and sexual harassment, and of at least one way to report abuse or harassment to a public or private entity that is not part of the Department and that can receive and immediately forward detainee or prisoner reports of sexual abuse and sexual harassment to agency officials. This allows the detainee or prisoner to remain anonymous (28 CFR 115.132; 28 CFR 115.151). (2) a method for uninvolved incarcerated persons, Methods for third-party reporting are located family, community members, and other interested on the agency website and are posted in the third parties to report sexual abuse or sexual ☒ ☐ ☐ agency's public lobby. harassment. The method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.4.1 SCREENING AND PLACEMENT The facility shall have a comprehensive written suicide The officer responsible for an individual in prevention program developed by the facility custody shall (15 CCR 1050): administrator or designee, in conjunction with the health authority and mental health director, to identify, monitor, • Complete the Medical Screening and provide treatment to those incarcerated persons who Form; Advise the Watch present a suicide risk. Commander of any significant risks The program shall include the following: presented by the individual (e.g., ☒ ☐ ☐ suicide risk, health risk, violence) All staff receive 40 hours of CIT training. All FTO staff receive an additional 24 hours of suicide prevention training annually. It is the practice of the Central Marin Police Authority that any detainee exhibiting signs of suicidal ideations would be transported directly to the hospital or the county jail. (a) Annual suicide prevention training for all custodial All staff receive annual refresher training in personnel. ☒ ☐ ☐ suicide prevention. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 7 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Intake screening for suicide risk immediately upon All detainees are initially screened prior to intake and prior to housing assignment. ☒ ☐ ☐ placement into temporary holding. Housing assignments occur after booking at the jail. (c) Suicide prevention screening during special Housing and classification occur at the situations, including placement in restrictive housing, county jail. ☐ ☐ ☒ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among Arresting officers communicate with the jail arresting/transporting officers, facility staff, court staff, and or medical staff at the jail at the time of ☒ ☐ ☐ medical and mental health personnel in relation to suicide booking. risk. (e) Housing recommendations for people at risk of suicide that balance safety and environment. The least restrictive ☐ ☐ ☒ environment should be considered. (f) Supervision depending on level of suicide risk. ☐ ☐ ☒ (g) Suicide attempt and suicide intervention policies and 900.9 SUICIDE ATTEMPT, DEATH, OR procedures. ☒ ☐ ☐ SERIOUS INJURY (h) Provisions for reporting suicides and suicides 900.9 SUICIDE ATTEMPT, DEATH, OR attempts. ☒ ☐ ☐ SERIOUS INJURY (i) Multi-disciplinary administrative review of suicides and 900.9 SUICIDE ATTEMPT, DEATH, OR attempted suicides as defined by the facility SERIOUS INJURY administrator, including the development of a corrective action plan to address deficiencies identified in the ☒ ☐ ☐ In the event of a suicide or attempted administrative review. suicide, the agency, in collaboration with the local sheriff’s agency, adheres to protocol using a multi-jurisdictional team for investigation and cause of death (j) Provisions for follow up care as needed. ☒ ☐ ☐ Note: Subsection (k) does not apply and has been deleted. 1032 FIRE SUPPRESSION PREPLANNING 900.11 ASSIGNED ADMINISTRATOR Pursuant to Penal Code Section 6031.1(b), the facility The Operations Commander will ensure any administrator shall consult with the local fire department reasonably necessary supplemental having jurisdiction over the facility, with the State Fire ☒ ☐ ☐ procedures are in place to address the Marshal, or both, in developing a plan for fire suppression following issues (15 CCR 1029): which shall include, but not be limited to: • (g) Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR 1032 (a) a fire suppression pre-plan developed with the local The Fire Suppression Plan is developed in fire department to be included as part of the policy and collaboration with the local fire authority and procedures manual (Title 15, California Code of is updated annually. Regulations Section 1029); ☒ ☐ ☐ The most recent Central Marin Fire Marshal inspection was conducted on January 11, 2024. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 8 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) monthly fire prevention inspections by facility staff with During the on-site inspection, BSCC staff two-year retention of the inspection record; determined noncompliance due to the lack of documentation evidencing that monthly fire inspections are being conducted and ☐ ☒ ☐ documented. BSCC staff provided the on- duty sergeant with an example of a monthly fire inspection log currently utilized by another agency. BSCC staff will follow up in 90 days to review compliance measures. (c) fire prevention inspections as required by Health and The most recent Central Marin Fire Marshal Safety Code Section 13146.1(a) and (b) which requires Inspection was conducted on January 11, ☒ ☐ ☐ inspections at least once every two years; 2024. (d) an evacuation plan; and In the event of an evacuation, detainees ☒ ☐ ☐ would be released or transported to the jail (e) a plan for the emergency housing of incarcerated In the event of a fire and evacuation, people in the case of fire. ☒ ☐ ☐ detainees would be released or transported to the jail 1044 INCIDENT REPORTS 342.1.1 REPORT PREPARATION Each facility administrator shall develop written policies During the on-site inspection, BSCC staff and procedures for the maintenance of written records were made aware that there have not been ☒ ☐ ☐ and reporting of all incidents which result in physical any incidents requiring an incident report. harm, or serious threat of physical harm, to an employee or incarcerated person 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 designee. 1046 DEATH IN CUSTODY 900.9 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY (a) The facility administrator shall develop written policy and procedures to comply with the in-custody death ☒ ☐ ☐ reporting requirements of Government Code section 12525. The facility administrator shall submit a copy of the report filed pursuant to section 12525 to the BSCC within 10 days of an in-custody death. (b) The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to conduct an initial review and complete a written report of every in-custody death within 30 days of the death. The team that conducts the initial review shall ☒ ☐ ☐ include, at a minimum, the facility administrator or designee, the health administrator, the responsible physician and other health care, and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 9 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The facility administrator shall submit a copy of the This agency utilizes Lexipol for policy initial review report of every in-custody death to the BSCC manuals and updates. The facility within 60 days of the death. The facility administrator shall commander has reached out to their Lexipol provide a copy of the initial review report that comports ☒ ☐ ☐ representative to see if a new language will with the disclosure requirements of section 832.10 of the be provided for this regulation revision. Penal Code. BSCC staff will follow up with the agency commander in 30 days. The initial review report shall contain the following Please see the above notation. information: (1) Demographic information (A) Full name of the decedent (B) Date of birth (C) Date of death (D) Time of death (E) Gender (F) Race and ethnicity (G) Relevant medical history ☒ ☐ ☐ (2) Facility Information (A) Name and location of the detention facility (B) Description of the location where the death occurred within the facility (C) Date and time of the incident (D) Detention facility personnel (including names and roles) involved in the reporting of the death or incident (3) Any relevant circumstances leading up to death, including behavioral health or medical issues. (d) In any case in which a minor dies while detained in a jail, lockup, or court holding facility the BSCC may inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter within 30 calendar days of the death. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.4.1 SCREENING AND PLACEMENT (a) Each administrator of a temporary holding, Type I, II, The officer responsible for an individual in or III facility shall develop and implement a written custody shall (15 CCR 1050): classification plan designed to properly assign incarcerated persons to housing units and activities • Complete the Medical Screening according to the categories of gender identity, age, Form; Advise the Watch criminal sophistication, seriousness of crime charged, Commander of any significant risks physical or mental health needs, assaultive/non- presented by the individual (e.g., assaultive behavior, risk of being sexually abused, or suicide risk, health risk, violence) sexually harassed and other criteria which will provide for the safety of the incarcerated people and staff. Such ☒ ☐ ☐ Classification screening and housing housing unit assignment shall be accomplished to the determinations are made at the county jail extent possible within the limits of the available number upon booking. of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments. Note: Subsection (b) does not apply and has been deleted. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 0 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding housing and programming assignments, Housing and programming take place at the the agency shall consider on a case-by-case basis county jail after the initial booking. whether a placement would ensure the health and safety of the incarcerated person, and whether the placement ☐ ☐ ☒ would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be Any individual displaying signs or symptoms made of the person being booked as to whether the of a communicable disease is taken directly person has or has had any communicable diseases, such to the local hospital for evaluation/treatment. as tuberculosis or has observable symptoms of ☒ ☐ ☐ tuberculosis or any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures to identify and evaluate all incarcerated people who may be in behavioral crisis. Evaluation of behavioral crisis may include telehealth. If an evaluation from medical or mental health staff is not Medical and mental health evaluations are readily available, an incarcerated person shall be conducted at the county jail. considered in behavioral crisis for the purpose of this ☐ ☐ ☒ section if they appear to be a danger to themselves or others or appear gravely disabled. An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next ☐ ☐ ☒ daily sick call, whichever is earliest. Separation may be used if necessary, to protect the ☐ ☐ ☒ safety of the person in crisis or others. 1053 ADMINISTRATIVE SEPARATION 900.12 TRAINING Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ develop and implement policies and procedures for the administrative separation of incarcerated people. Policies and procedures must include: Detainees are not classified or housed at this (a) Administrative separation may consist of separate temporary holding facility. housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of ☒ ☐ ☐ protecting the welfare of incarcerated people and facility staff. Note: Subsections (b) through (e) do not apply and have been deleted. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 1 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL There is no safety cell in this facility. The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people who ☐ ☐ ☒ display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate ☐ ☐ ☒ authority to place an incarcerated person in a safety cell to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment ☐ ☐ ☒ or as a substitute for treatment. (b) A person shall be placed in a safety cell only with the approval of the facility manager or designee, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every four hours. (c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be ☐ ☐ ☒ medically cleared for continued retention, referral to advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. (d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on ☐ ☐ ☒ placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute ☐ ☐ ☒ lapse between safety checks. Such observation shall be documented. (f) Procedures shall be established to assure ☐ ☐ ☒ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☐ ☐ ☒ privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL There is no sobering cell located in this facility. The sobering cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.4, shall be used for temporary holding of incarcerated people who are a threat to their own safety or the safety of others due to their state of intoxication. A person shall be removed from the sobering cell as soon as they are able to continue the admission process or are ☐ ☐ ☒ no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over six hours without an evaluation by medical or custody staff to determine whether the person has an urgent ☐ ☐ ☒ medical problem, pursuant to section 1213 of these regulations. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 2 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At 12 hours from the time of placement, all persons must ☐ ☐ ☒ receive an evaluation by responsible health care staff. Intermittent direct visual observation of people held in the sobering cell shall be conducted no less than every half ☐ ☐ ☒ hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ It is the practice of the Central Marin Police procedures for the identification and evaluation, Authority that any individual exhibiting signs appropriate classification and housing, protection, and of a developmental disability will be taken to nondiscrimination of all incarcerated persons with a local hospital or county jail and shall not be developmental disabilities. held in the temporary holding facility. The health authority or designee shall contact the regional center for any incarcerated person suspected or confirmed to have a developmental disability for the ☒ ☐ ☐ purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 306.3.1 RESTRAINT OF DETAINEES The facility administrator, in cooperation with the Handcuffs are the only type of restraint responsible physician, shall develop and implement device utilized in this facility. written policies and procedures for the use of restraint devices. Restraint devices include any devices which immobilize extremities or prevent the incarcerated person ☒ ☐ ☐ from being ambulatory. The provisions of this section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: ☒ ☐ ☐ (1) acceptable restraint devices; (2) signs or symptoms which should result in Cardiopulmonary resuscitation equipment is immediate medical/mental health referral; availability ☒ ☐ ☐ located throughout the facility. of cardiopulmonary resuscitation equipment; (3) protective housing of restrained persons; ☐ ☐ ☒ (4) provision for hydration and sanitation needs; and, ☐ ☐ ☒ (5) exercising of extremities. ☐ ☐ ☒ (b) Policy shall also include, but not be limited to, the Handcuffs are the only type of restraint following requirements: device utilized in this facility. ☒ ☐ ☐ (1) In no case shall restraints be used for punishment or as a substitute for treatment. (2) Restraint devices shall only be used on incarcerated people who display behavior which ☒ ☐ ☐ results in the destruction of property or reveal an intent to cause physical harm to self or others. (3) Restraint devices should be used only when less restrictive alternatives, including verbal de-escalation ☒ ☐ ☐ techniques, have been attempted and are deemed ineffective. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 3 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) An incarcerated person shall be placed in restraints only with the approval of the facility manager, the facility watch commander, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be ☐ ☐ ☒ maintained until a medical opinion can be obtained. (6) A medical opinion on placement and retention shall be secured within one hour from the time of ☐ ☐ ☒ placement. (7) A medical assessment shall be completed within ☐ ☐ ☒ four hours of placement. (8) Continuous direct visual observation shall be conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. ☐ ☐ ☒ While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation with responsible health care staff determines that an incarcerated person cannot be safely removed from ☐ ☐ ☒ restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use the restraint device manufacturer’s recommended ☐ ☐ ☒ maximum time limits for placement. (11) All events and information related to the placement in restraints shall be documented and shall be video recorded unless exigent circumstances prevent staff from doing so. The ☐ ☐ ☒ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS 306.3.2 RESTRAINT OF PREGNANT PERSONS The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ It is the practice of the Central Marin Police procedures for the use of restraint devices on pregnant Authority that any individual known to be people. In accordance with Penal Code Section 3407, the pregnant shall be transported directly to the policy shall include reference to the following: county jail and shall not be held in a temporary holding facility. (1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the ☒ ☐ ☐ pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ☒ ☐ ☐ ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 4 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional who is currently responsible for the medical care of an incarcerated pregnant person during a medical ☒ ☐ ☐ emergency, labor, delivery, or recovery after delivery or termination of the pregnancy determines that the removal of restraints is medically necessary. (4) Upon confirmation of an incarcerated person’s pregnancy, they shall be advised, orally or in writing, ☒ ☐ ☐ of the standards and policies governing incarcerated pregnant people. 1067 ACCESS TO TELEPHONE Telephones in the temporary holding facility can be utilized for exigent circumstances. The facility administrator shall develop written policies Access to telephones is available at the and procedures which allow access to a telephone or county jail upon booking. communication device beyond those telephone calls which are required by Section 851.5 of the Penal Code. Individuals who are known to have, or are perceived by others as having hearing or speech impairments shall be ☒ ☐ ☐ provided access to the appropriate telecommunication device which will facilitate communication. Such devices may include but are not limited to videophones, teletypewriters, or third-party communications assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESS TO COURTS AND COUNSEL 900.5.9 ATTORNEYS AND BAIL BONDSMEN The facility administrator shall develop written policies ☒ ☐ ☐ and procedures to ensure incarcerated persons have access to the court and to legal counsel. Such access shall consist of: (b) confidential consultation with attorneys. Confidential consultations can occur in the ☒ ☐ ☐ interview room. 1080 RULES AND DISCIPLINARY ACTIONS This is a temporary holding facility. Inmates are not housed or detained for an extended Wherever discipline is administered, each facility period. If a crime is committed while housed administrator shall establish written rules and disciplinary in temporary housing, a crime report is ☐ ☐ ☒ actions to guide the conduct of incarcerated persons. generated. Notes: If discipline IS NOT administered, written policy should indicate as such. If discipline IS administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply and affirmatively and posted conspicuously in housing ☐ ☐ ☒ units and the booking area or issued to each person upon booking. For those individuals with limited literacy, who are unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them ☐ ☐ ☒ verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and actions. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 5 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR DISCIPLINE OF INCARCERATED This is a temporary holding facility. Inmates PERSONS are not housed or detained for an extended period. The imposition of disciplinary actions Each facility administrator shall develop written policies or sanctions does not occur in this facility. and procedures for discipline of incarcerated persons. The plan shall include, but not be limited to, the following elements: ☐ ☐ ☒ (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing ☐ ☐ ☒ by the staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and disciplinary authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes: ☐ ☐ ☒ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 2. Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been ☐ ☐ ☒ informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The ☐ ☐ ☒ incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and ☐ ☐ ☒ the action taken shall be reviewed by the facility manager or designee. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 6 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The incarcerated person shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. 1082 FORMS OF DISCIPLINE This is a temporary holding facility. Inmates are not housed or detained for an extended The degree of actions taken by the disciplinary officer period. The imposition of disciplinary actions shall be directly related to the severity of the rule or sanctions does not occur in this facility. infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. ☐ ☐ ☒ (b) Extra work detail. (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS This is a temporary holding facility. Inmates are not housed or detained for an extended The Penal Code and the State Constitution expressly period. The imposition of disciplinary actions prohibit all cruel and unusual punishment. Disciplinary or sanctions does not occur in this facility. actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation. ☐ ☐ ☒ Additionally, there shall be the following limitations: (a) Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1) If a person is on disciplinary separation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a ☐ ☐ ☒ consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (2) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day ☐ ☐ ☒ except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 7 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) If after placement in separation, mental health or medical staff determine that an individual has serious mental illness or an intellectual disability, they shall ☐ ☐ ☒ be removed from disciplinary separation immediately upon this determination. (b) The delegation of authority to any incarcerated person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the implements necessary to maintain an acceptable level of ☐ ☐ ☒ personal hygiene as specified in Section 1265 of these regulations. (e) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case ☐ ☐ ☒ correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS This is a temporary holding facility. Inmates are not housed or detained for an extended Penal Code Section 4019.5 requires that a record is kept period. The imposition of disciplinary actions ☐ ☐ ☒ of all disciplinary actions administered therefore. This or sanctions does not occur in this facility. requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1270 STANDARD BEDDING AND LINEN ISSUE This is a temporary holding facility that does not have bunks. Detainees are held for a The standard issue of clean suitable bedding and linens, short amount of time. Bedding is not for each incarcerated person entering a living area who provided due to the lack of bunks. ☐ ☐ ☒ is expected to remain overnight, shall include, but not be limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; ☐ ☐ ☒ (d) one blanket or more depending up on climatic ☐ ☐ ☒ conditions. Policy and procedure shall require that items (a), (b), and ☐ ☐ ☒ (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☐ ☐ ☒ and (d) above prior to their first night in the facility and every night thereafter. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 8 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND 900.11 ASSIGNED ADMINISTRATOR MAINTENANCE The Patrol Captain will ensure any The facility administrator shall develop written policies reasonably necessary supplemental and procedures for the maintenance of an acceptable procedures are in place to address the level of cleanliness, repair, and safety throughout the following issues (15 CCR 1029): facility. Such a plan shall provide for a regular schedule ☒ ☐ ☐ of housekeeping tasks and inspections to identify and • Sanitation and maintenance correct unsanitary or unsafe conditions or work practices which may be found. During the on-site inspection, BSCC staff reviewed the daily cleaning and maintenance logs. The facility is clean and well maintained. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 1 9 of 23 A351 TH PRO eff. 07.01.24 DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in jail cells? If YES, see the remaining document for Title 15, Article 9 inspection. Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold 322.3.1 EMERGENCY MEDICAL CARE OF minors in secure detention in the jail. Title 15, Article 9 JUVENILES IN CUSTODY establishes the minimum standards of how facilities hold minors in temporary custody in the jail. ☒ ☐ ☐ 322.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY Facilities that do not hold minors in the jail cells are not subject to Title 15, Article 9 biennial inspections; however, if minors are held in the building, they may be subject to the requirements of Welfare and Institutions Code section 207.1. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR 322.3.1 EMERGENCY MEDICAL CARE OF IN AN ADULT DETENTION FACILITY JUVENILES IN CUSTODY The facility administrator shall develop policy and ☒ 322.3.2 SUICIDE PREVENTION OF procedures for notification of the court of jurisdiction and ☐ ☐ JUVENILES IN CUSTODY the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies ☒ and procedures concerning minors being held in ☐ ☐ temporary custody which shall address: (a) suicide risk and prevention; (b) use of restraints; ☒ 322.10 USE OF RESTRAINT DEVICES ☐ ☐ (c) emergency medical assistance and services; and ☒ 322.3.1 EMEREGENCY MEDICAL CARE ☐ ☐ OF JUVENILES IN CUSTODY (d) prohibiting use of discipline. ☒ Discipline is not imposed in this facility. ☐ ☐ 1143 CARE OF MINORS IN TEMPORARY 322.8 TEMPORARY CUSTODY CUSTODY REQUIREMENTS ☒ ☐ (a) The following shall be made available to all minors ☐ held in temporary custody: (1) access to toilets and washing facilities; (2) one snack during term of temporary custody if Food shall be provided if a juvenile has not the minor has not eaten within the past four (4) eaten within the past four hours or is hours or is otherwise in need of appropriate ☒ otherwise in need of nourishment, including ☐ ☐ nourishment; any special diet required for the health of the juvenile. (3) access to drinking water; ☒ Reviewed and confirmed. ☐ ☐ (4) access to language services; ☒ Reviewed and confirmed. ☐ ☐ (5) access to disabilities services; ☒ Reviewed and confirmed. ☐ ☐ (6) sanitary napkins, panty liners, and tampons as ☒ Reviewed and confirmed. requested; ☐ ☐ (7) privacy during consultation with family, guardian, ☒ Reviewed and confirmed. and/or lawyer; ☐ ☐ (8) blankets and clothing, as necessary, to assure ☒ Reviewed and confirmed. the comfort of the minor; and ☐ ☐ 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 2 0 of 23 A351 TH PRO eff. 07.01.24 (9) personal clothing unless the clothing is 322.11 PERSONAL PROPERTY inadequate, presents a health or safety problem, or ☒ ☐ ☐ is required to be utilized as evidence of an offense. (b) Upon entry, the minor shall be informed in writing of what is available under this section, and it shall be ☒ posted in at least one conspicuous place to which ☐ ☐ minors have access. 1144 CONTACT BETWEEN MINORS AND 322.7 NO-CONTACT REQUIREMENTS INCARCERATED ADULTS ☒ The facility administrator shall establish policies and ☐ ☐ procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of incarcerated people) shall ☒ ☐ ☐ maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 322.12 SECURE CUSTODY A minor who is taken into temporary custody by a peace officer on the basis that they are a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these standards are met. ☒ ☐ ☐ Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Note: Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents Reviewed and confirmed. a serious security risk of harm to self or others, the ☒ officer may take into account the following factors: ☐ ☐ (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was ☒ Reviewed and confirmed. taken into custody; ☐ ☐ (c) minor's behavior, including the degree to which the ☒ Reviewed and confirmed. minor appears to be cooperative or non-cooperative; ☐ ☐ (d) the availability of staff to provide adequate ☒ Reviewed and confirmed. supervision or protection of the minor; and ☐ ☐ (e) the age, type, and number of other individuals who ☒ Reviewed and confirmed. are detained in the facility. ☐ ☐ 1146 CONDITIONS OF SECURE CUSTODY Reviewed and confirmed. While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cuffing rail, ☒ ☐ ☐ or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 2 1 of 23 A351 TH PRO eff. 07.01.24 1147 SUPERVISION OF MINORS IN SECURE 322.12.1 LOCKED ENCLOSURES CUSTODY INSIDE A LOCKED ENCLOSURE Reviewed and confirmed. (a) Minors shall receive adequate supervision which, at ☒ ☐ ☐ a minimum, includes: (1) constant auditory access to staff by the minor; and (2) safety checks, as defined in Section 1006, of the BSCC staff reviewed the safety check logs minor by staff of the law enforcement facility, at least ☒ on site and confirmed that safety checks once every 30 minutes, which shall be documented. ☐ ☐ were being conducted and documented at least every 30 minutes with no lapses. (b) Minors of different genders shall not be placed in the same locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 322.12 SECURE CUSTODY CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ Minors held in secure custody outside of a locked ☐ ☐ enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety ☒ ☐ ☐ while secured to a stationary object. Securing minors to a stationary object for longer than 60 This practice does not occur. minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object This practice does not occur. for longer than 60 minutes, and every 30 minutes ☒ thereafter shall be based upon the best interests of the ☐ ☐ minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(b) of the Welfare and Institutions Code, may be ☒ held in non- secure custody to investigate the case, ☐ ☐ facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. While minors are held in temporary non- secure custody the provisions of Section 1143 apply. 1150 SUPERVISION OF MINORS IN NON- SECURE CUSTODY Minors held in non-secure custody shall receive constant direct visual observation by staff of the law ☒ ☐ ☐ enforcement facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 2 2 of 23 A351 TH PRO eff. 07.01.24 1151 MINORS UNDER THE INFLUENCE OF ANY 322.3 JUVENILES WHO SHOULD NOT BE INTOXICATING SUBSTANCE IN SECURE HELD OR NON-SECURE CUSTODY It is the practice of the Central Marin Police Facility administrators shall develop policies and ☒ Authority that any juvenile exhibiting signs or procedures providing that a medical clearance shall be ☐ ☐ symptoms of being under the influence of a obtained for minors who are under the influence of controlled substance or alcohol shall not be drugs, alcohol, or any other intoxicating substance to the held in a temporary holding facility. The extent that they are unable to care for themselves, prior juvenile will be taken to a local hospital for to secure or non-secure custody of that minor. medical evaluation. Supervision of minors in secure custody in a locked room shall include safety checks at least once every 15 minutes until resolution of the intoxicated state or ☐ ☐ ☒ release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room shall be supervised in accordance with ☐ ☐ ☒ Section 1148. Supervision of minors in nonsecure custody shall be ☐ ☐ ☒ supervised in accordance with Section 1150. 3072 Marin Central Marin Police Authority THJ PRO 23-24 Page 2 3 of 23 A351 TH PRO eff. 07.01.24