Marin San Rafael PD Inspection Rpt 20-22 TH (2020-2022 inspection cycle)

March 28, 2023 David Spiller, Chief of Police San Rafael Police Department 1375 Fifth Avenue San Rafael, CA 94901 RE: 2020-2022 BIENNIAL INSPECTION OF THE SAN RAFAEL POLICE DEPARTMENT TEMPORARY HOLDING FACILITY; PENAL CODE 6031, WELFARE & INSTITUTIONS CODE 209(C) Dear Chief Spiller: The 2020-2022 biennial inspection of the San Rafael Police Department Temporary Holding Facility has been completed. A pre-inspection briefing was held on November 18, 2021, and the facility was inspected on January 13, 2022. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, Board of State and Community Corrections (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 BSCC inspection report is enclosed and consists of the following: this transmittal letter; a Title 15 Procedures checklist, outlining applicable minimum standards for adult detention facilities; a Physical Plant Evaluation, outlining applicable Title 24 minimum standards; and the Living Area Space Evaluation, summarizing the physical plant configuration and outlining the rated capacity of the San Rafael Police Department Temporary Holding Facility. Please refer to the Title 15 Procedures Checklist for a summary of all relevant minimum standards, an 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). The 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 David Spiller Chief of Police Page 2 historical copies of all inspections including documentation of corrections made following the inspection. FIRE MEDICAL/MENTAL ENVIRONMENTAL NUTRITIONAL HEALTH INSP. HEALTH HEALTH 11/20/2021 N/A 8/11/2021 N/A SCOPE OF THE INSPECTION The inspection consisted of a review of the San Rafael Police Department Policy and Procedure Manual1, a site visit to review operations, physical plant, relevant documentation, and interviews with administration, facility staff, inmates, and collaborative partners. INSPECTION RESULTS Title 15, CCR Minimum Standards Upon final review of all documentation, there are no outstanding items of noncompliance with Title 15 at the San Rafael Police Department Temporary Holding Facility. No corrective action is required at this time. Title 24, CCR Physical Plant There were no changes made to the physical plant and your rated capacity remains at zero. Please see the Physical Plant Evaluation for more information. There are no outstanding items of noncompliance with Title 24 minimum standards. Training San Rafael Police Department Temporary Holding Facility is in compliance with all relevant regulations, mandates, and mitigating circumstances, if applicable. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring We reviewed the San Rafael Police Department operations for their Temporary Holding Facility and found no violations of the JJDPA. Please refer to the Title 15 Procedures checklist for detailed information. On January 13, 2022, BSCC staff held an exit brief with your staff. During that brief, BSCC staff provided an overview of the biennial inspection and provided technical assistance and best practices. Due to no noncompliance issues, your agency is not required to provide a Corrective Action Plan. 1 BSCC 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. 3076 Marin San Rafael PD Public Safety Ctr TH LTR 20-22 David Spiller Chief of Police Page 3 --- This concludes the 2020-2022 biennial 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 me at (916) 322-8081 if you have any questions. Sincerely, KIMBERLY MOULE, CJM Field Representative Facilities Standards and Operations Division Enclosures cc: Jim Schutz, City Manager, City of San Rafael Marin County Grand Jury Presiding Judge, Marin County Superior Court* Chair, Juvenile Justice Commission, Marin County* *Copies of the full inspection are available at www.bscc.ca.gov. 3076 Marin San Rafael PD Public Safety Ctr TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3076 FACILITY NAME: San Rafael Police Dept. Public Safety Center FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sergeant Ronda Cordero FIELD REPRESENTATIVE: Kimberly Moule DATE: January 13, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.12 TRAINING HOLDING FACILITY TRAINING Department members should be trained and familiar with this policy and any supplemental Custodial personnel who supervise inmates in, and procedures. supervisors of, a Court Holding or Temporary Holding Department members responsible for facility shall complete 8 hours of specialized training. Such supervising adults in temporary custody shall training shall include, but not be limited to: complete the Corrections Officer Core Course or eight hours of specialized training within six (a) applicable minimum jail standards; months of assignment. (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; Verified that all staff have completed POST (d) emergency procedures and planning, fire, and life Certification along with Jail Operations safety; and, pertaining to temporary holding and processing. (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 initial training is completed during the Field any event not more than six months after the date of assigned Training Program and prior to assignment. 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 900.1.1 TRAINING every two years. Successful completion of the requirements Eight hours of refresher training shall be in Section 1025, Continuing Professional Training may be completed once every two years (15 CCR 1024). ☒ ☐ ☐ substituted for the eight-hour refresher. The Training Sergeant shall maintain records of all such training in the member’s training file. 1027 NUMBER OF PERSONNEL The arresting officer remains with the detainee until transported to the County Jail or cited and released. A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 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. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900 TEMPORARY CUSTODY OF least one employee on duty at all times in a local detention ADULTS facility or in the building which houses a local detention This policy provides guidelines to address the facility who shall be immediately available and accessible to health and safety of adults taken into temporary inmates in the event of an emergency. custody by members of the San Rafael 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. Verified that the arresting agent remains with a detainee while in temporary holding. Such an employee shall not have any other duties which 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 shall be at least one female employee who shall be immediately available and accessible to such females. ☒ ☐ ☐ Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for 900.3.3 STAFFING PLAN a specific facility, the facility administrator shall prepare and The Chief of Police or the authorized designee retain a staffing plan indicating the personnel assigned in the shall ensure a staffing plan is prepared and facility and their duties. Such a staffing plan shall be maintained, indicating assigned personnel and ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial their duties. inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.5 SAFETY, HEALTH AND OTHER PROVISIONS Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no 900.5.1 TEMPORARY CUSTODY LOGS more than a 60-minute lapse between safety checks. When an individual is in temporary custody at ☒ ☐ ☐ the San Rafael Police Department Temporary Holding facility, the custody shall be promptly and properly documented in a custody log. Due to non-use during this inspection cycle, no logs were reviewed. There is a written plan that includes the documentation of Please see above. ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.12 TRAINING Department members should be trained and Whenever there is an inmate in custody, there shall be at familiar with this policy and any supplemental least one person on duty at all times who meets the training procedures. ☒ ☐ ☐ standards established by the BSCC for general fire and life (d) Emergency procedures and planning, fire safety. (Penal Code section 6030[e]) safety, and life safety. All staff is trained in fire life and 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. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL2 204 GENERAL ORDERS General Orders establish an interdepartmental Facility administrator(s) shall develop and publish a manual communication that may be used by the Chief of policy and procedures for the facility. The policy and of Police to make immediate changes to policy procedures manual shall address all applicable Title 15 and and procedure consistent with the current Title 24 regulations and shall be comprehensively reviewed Memorandum of Understanding and as and updated at least every two years. Such a manual shall be permitted by Government Code § 3500 et seq. made available to all employees. 204.2.2 CHIEF OF POLICE The Chief of Police shall issue all The policies and procedures required in subsections (a)(6) Departmental Directives. and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. ☒ ☐ ☐ 206.4 UPDATING OF MANUALS The Chief of Police or designee shall review the Emergency Management Plan Manual at (a) The manual for Temporary Holding, Type I, II, and III least once every two years to ensure that the facilities shall provide for, but not be limited to, the manual conforms to any revisions made by the following: 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 March 2021. (1) Table of organization, including channels of Reviewed. ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 908.8 Holding Cell and Hard Interview ☒ ☐ ☐ administrator/manager. 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. (3) Policy on the use of force. ☒ ☐ ☐ 466.7 USE OF FORCE Use of force is governed by current department policy and applicable law (see the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies). (4) Policy on the use of restraint equipment, including the ☒ ☐ ☐ 306.3 USE OF RESTRAINTS restraint of pregnant inmates as referenced in Penal Code Only members who have successfully Section 3407. completed San Rafael Police Department- 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 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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). In practice, pregnant persons are not held in this facility. There was no use of restraints during this inspection cycle. (5) Procedure and criteria for screening newly received Screening of inmates occurs at the jail. ☐ ☐ ☒ inmates for release per Penal Code sections 849(b)(2) and 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☐ ☐ ☒ The arresting agent remains with the detainee when temporary holding cells or interview rooms are used. (B) searches of the facility and inmates, ☒ ☐ ☐ 322 Search and Seizure It is the policy of the San Rafael Police Department to respect the fundamental privacy rights of individuals. Members of this department will conduct searches in strict observance of the constitutional rights of persons being searched. Temporary holding cells are searched prior and at the conclusion of use. (C) contraband control, and ☒ ☐ ☐ 900.8 HOLDING CELLS & HARD INTERVIEW ROOMS A thorough inspection of the holding cell or hard interview room shall be conducted before placing an individual into the cell and/or interview room to ensure there are no weapons or contraband and that the cell and/or interview room is clean and sanitary. (D) key control. ☒ ☐ ☐ 900.11 ASSIGNED ADMINISTRATOR The Operations Commander will ensure any reasonably necessary supplemental procedures are in place to address the following issues: (b) Key control. Each facility administrator shall, at least annually, review, Reviewed and verified the items listed below. 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: 900.11 ASSIGNED ADMINISTRATOR (A) fire suppression preplan as required by section The Operations Commander will ensure any 1032 of these regulations; reasonably necessary supplemental procedures ☒ ☐ ☐ are in place to address the following issues (15 CCR 1029): (a) General security 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Key control (c) Sanitation and maintenance (d) Emergency medical treatment (15 CCR 1200) (e) Escapes (f) Evacuation plans (g) Fire and life safety, including a fire suppression pre-plan as required by 15 CCR 1032 (h) Disaster plans (i) Building and safety code compliance (j) Civil and other disturbances including hostage situations (k) Periodic testing of emergency equipment (l) Emergency suspension of Title 15 regulations and notice to the Board of State and Community Corrections as required in 15 CCR 1012 (m) Inspections and operations reviews (n) Any other applicable requirements under 15 CCR 1029 Annual review and evaluation of security measures including internal and external security measures, sanitation, safety, and maintenance (15 CCR 1280). The temporary holding facility and its secure perimeter are evaluated for an appropriate level of security, at a minimum of annually. The Fire Suppression Plan is developed in collaboration with the local fire authority and is updated annually. (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 PRISON RAPE ELIMINATION ACT sexual harassment. 904.2 POLICY The San Rafael Police Department 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 San Rafael Police Department 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). 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (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: Detainees or prisoners may make reports to any (1) multiple internal ways for inmates to privately report staff member verbally, in writing, privately, or sexual abuse and sexual harassment, retaliation by other anonymously of any of the following (28 CFR inmates or staff for reporting sexual abuse and sexual 115.151; 15 CCR 1029): harassment, and staff neglect or violation of • Sexual abuse responsibilities that may have contributed to such • Sexual harassment incidents, • 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 is able to 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 inmates, family, Methods for third-party reporting are located community members, and other interested third parties on the agency website and are posted in the to report sexual abuse or sexual harassment. The ☒ ☐ ☐ agency public lobby. method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.4.1 SCREENING AND PLACEMENT The officer responsible for an individual in The facility shall have a comprehensive written suicide custody shall (15 CCR 1050): prevention program developed by the facility administrator, (a) Complete the Medical Screening Form. in conjunction with the health authority and mental health Advise the Watch Commander of any director, to identify, monitor, and provide treatment to those significant risks presented by the individual ☒ ☐ ☐ inmates who present a suicide risk. The program shall (e.g., suicide risk, health risk, violence). include the following: All staff is trained in suicide prevention. In practice, any detainee exhibiting signs of suicidal ideations would be transported to the hospital or to jail. (a) Suicide prevention training for all staff that have direct All staff is trained in suicide prevention. ☒ ☐ ☐ contact with inmates. (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) Provisions facilitating communication among Arresting officers communicate with the jail arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ and or medical staff at the jail at the time of mental health personnel in relation to suicide risk. booking. (d) Housing recommendations for inmates at risk of suicide. ☐ ☐ ☒ (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ (f) Suicide attempt and suicide intervention policies and ☒ ☐ ☐ procedures. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ (h) Multi-disciplinary administrative review of suicides and In the event of a suicide or attempted suicide, attempted suicides as defined by the facility the agency, in collaboration with the local administrator. ☒ ☐ ☐ sheriff’s agency adheres to protocol using a multi-jurisdictional team for investigation and cause of death. 1032 FIRE SUPPRESSION PREPLANNING 900.11 ASSIGNED ADMINISTRATOR The Operations Commander will ensure any Pursuant to Penal Code Section 6031.1(b), the facility reasonably necessary supplemental procedures administrator shall consult with the local fire department ☒ ☐ ☐ are in place to address the following issues (15 having jurisdiction over the facility, with the State Fire CCR 1029): Marshal, or both, in developing a plan for fire suppression (g) Fire and life safety, including a fire which shall include, but not be limited to: suppression pre-plan as required by 15 CCR 1032. (a) a fire suppression pre-plan developed with the local fire The Fire Suppression Plan is developed in department to be included as part of the policy and procedures collaboration with the local fire authority and is ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section updated annually. 1029); The latest review occurred in February 2021. (b) regular fire prevention inspections by facility staff on a Two years of monthly fire prevention monthly basis with two year retention of the inspection ☒ ☐ ☐ inspections were reviewed. In practice, these record; occur daily and are maintained by the agency. (c) fire prevention inspections as required by Health and The most recent local fire inspection and Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ clearance was completed on February 21, 2021. inspections at least once every two years; (d) an evacuation plan; and In the event of an evacuation, detainees would ☒ ☐ ☐ be released or transported to jail. (e) a plan for the emergency housing of inmates in the case of In the event of a fire and evacuation, detainees ☒ ☐ ☐ fire. would be released or transported to the jail. 1044 INCIDENT REPORTS 344.1.1 REPORT PREPARATION Employees should ensure that reports are Each facility administrator shall develop written policies and sufficiently detailed for their purpose and free procedures for the maintenance of written records and from errors prior to submission. It is the responsibility of the assigned employee to reporting of all incidents which result in physical harm, or complete and submit all reports taken during serious threat of physical harm, to an employee or inmate of a detention facility or other person. ☒ ☐ ☐ the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held. These are in the form of a crime report. Such records shall include the names of the persons All crime reports are maintained in the agency involved, a description of the incident, the actions taken, and ☒ ☐ ☐ records management system. 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 900.9 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY (a) Death in Custody Reviews for Adults and Minors. The Operations Commander Division Commander will ensure procedures are in place The facility administrator, in cooperation with the health to address any suicide attempt, death, or serious administrator, shall develop written policy and procedures to ☒ ☐ ☐ injury of any individual in temporary custody ensure that there is an initial review of every in-custody at the San Rafael Police Department. The death within 30 days. The review team shall include the procedures should include the following: facility administrator and/or the facility manager, the health (h) In-custody death reviews (15 CCR 1046) administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. (i) Notification to the Attorney General within 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 10 days of any death in custody including any reasonably known facts concerning the death (Government Code § 12525). Deaths shall be reviewed to determine the appropriateness of Please see above. clinical care; whether changes to policies, procedures, or Specific procedures were reviewed and are ☒ ☐ ☐ practices are warranted; and to identify issues that require maintained in the agency Emergency Response further study. Policy. (b) Death of a Minor The above referenced policy and protocol In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ applies. 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 900.4.1 SCREENING AND PLACEMENT The officer responsible for an individual in (a) Each administrator of a temporary holding, Type I, II, or custody shall (15 CCR 1050): III facility shall develop and implement a written (a) Complete the Medical Screening Form. classification plan designed to properly assign inmates to Advise the Watch Commander of any housing units and activities according to the categories of sex, significant risks presented by the individual age, criminal sophistication, seriousness of crime charged, (e.g., suicide risk, health risk, violence). physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed Thorough classification and housing screening and other criteria which will provide for the safety of the occur at the jail. ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area Inmates are only housed at the jail once they for male or female inmates, and in making other housing and have been booked and processed. 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. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1051 COMMUNICABLE DISEASES 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY The facility administrator, in cooperation with the Individuals who exhibit certain behaviors or responsible physician, shall develop written policies and conditions should not be in temporary custody procedures specifying those symptoms that require at the San Rafael Police Department but should segregation of an inmate until a medical evaluation is be transported to a jail facility, a medical completed. facility, or another type of facility as appropriate. These include: (h) Any individual who claims to have, is ☒ ☐ ☐ known to be afflicted with, or displays symptoms of any communicable disease that poses an unreasonable exposure risk (15 CCR 1051). The agency’s Communicable Disease Policy was reviewed and was found to contain all pertinent screening requirements to include contagious disease, signs and symptoms and response protocols for pandemic disease. At the time of intake into the facility, an inquiry shall be Please see above. made of the person being booked as to whether or not he/she 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 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY The facility administrator, in cooperation with the Individuals who exhibit certain behaviors or responsible physician, shall develop written policies and conditions should not be in temporary custody procedures to identify and evaluate all mentally disordered at the San Rafael Police Department but should inmates, and may include telehealth. be transported to a jail facility, a medical facility, or another type of facility as ☒ ☐ ☐ appropriate. These include: (j) Any individual who is obviously developmentally disabled (15 CCR 1057). In practice, persons exhibiting signs of being developmentally disordered would be transported to a local hospital or jail. If an evaluation from medical or mental health staff is not Please see above. readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears A mentally disordered person would not be to be a danger to himself/herself or others or if he/she held in this facility. 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 Individual holding cells are used for separation. ☒ ☐ ☐ the inmate or others. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION 900.12 TRAINING Department members should be trained and Except in Type IV facilities, each facility administrator shall familiar with this policy and any supplemental develop written policies and procedures which provide for procedures. the administrative segregation of inmates who are (c) Inmate segregation Holding cells would be determined to be prone to: promote activity or behavior that utilized for the segregation of detainees. is criminal in nature or disruptive to facility operations; 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 Housing does not occur in this facility. secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 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 inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice ☐ ☐ ☒ every thirty minutes. Such observation shall be documented. Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 the holding of inmates who are a threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED 900.3.1 INDIVIDUALS WHO SHOULD INMATES NOT BE IN TEMPORARY CUSTODY Individuals who exhibit certain behaviors or The facility administrator, in cooperation with the conditions should not be in temporary custody responsible physician, shall develop written policies and at the San Rafael Police Department but should procedures for the identification and evaluation, appropriate be transported to a jail facility, a medical classification and housing, protection, and facility, or another type of facility as ☒ ☐ ☐ nondiscrimination of all developmentally disabled inmates. appropriate. These include: (j) Any individual who is obviously developmentally disabled (15 CCR 1057). In practice, persons exhibiting signs of being developmentally disabled would be transported to a local hospital or jail. The health authority or designee shall contact the regional Marin County Behavioral Health. center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 306.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain a person who may, after a The facility administrator, in cooperation with the brief investigation, be released without arrest. responsible physician, shall develop written policies and Unless arrested, the use of restraints on procedures for the use of restraint devices and may delegate detainees should continue only for as long as is authority to place an inmate in restraints to a responsible reasonably necessary to ensure the safety of health care staff. ☒ ☐ ☐ officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. Mechanical restraints are the only type of restraint utilized in this facility. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS In addition to the areas specifically outlined in this Mechanical restraints are the only type of regulation, at a minimum, the policy shall address the restraint utilized in this facility. following areas: ☒ ☐ ☐ acceptable restraint devices; signs or symptoms which should result in immediate ☒ ☐ ☐ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; Cardiopulmonary resuscitation equipment is ☒ ☐ ☐ located throughout the facility. protective housing of restrained persons; ☒ ☐ ☐ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☒ ☐ ☐ substitute for treatment. Restraint devices shall only be used on inmates who display Mechanical restraints are the only type of behavior which results in the destruction of property or restraint utilized in this facility. reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ambulatory. ☐ ☐ ☒ Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. 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 306.3.2 RESTRAINT OF PREGNANT PERSONS The facility administrator, in cooperation with the Persons who are known to be pregnant should responsible physician, shall develop written policies and ☒ ☐ ☐ be restrained in the least restrictive manner that procedures for the use of restraint devices on pregnant is effective for officer safety. Leg irons, waist inmates. In accordance with Penal Code 3407 the policy chains, or handcuffs behind the body should shall include reference to the following: not be used unless the officer has a reasonable suspicion that the person may resist, attempt 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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). (1) An inmate 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 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 shall be advised, orally or in writing, of the standards ☒ ☐ ☐ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE Telephones are accessible at the jail where booking and processing occur. Telephone use onsite occurs in exigent circumstances. The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL 900.5.9 ATTORNEYS AND BAIL BONDSMEN An attorney may visit at the request of the The facility administrator shall develop written policies and individual in custody or a relative (Penal Code procedures to ensure inmates have access to the court and to ☒ ☐ ☐ § 825). (b) Attorneys and bail bondsmen who legal counsel. Such access shall consist of: need to interview an individual in custody should do so inside a secure interview room (a) unlimited mail as provided in Section 1063 of these Mail is not processed at this facility. ☐ ☐ ☒ regulations, and (b) confidential consultation with attorneys. ☒ ☐ ☐ Interview rooms are located onsite. 1080 RULES AND DISCIPLINARY PENALTIES This is a temporary holding facility. Inmates are not housed or detained for an extended ☐ ☐ ☒ period of time. If a crime is committed while Wherever discipline is administered, each facility held in temporary holding a crime report is administrator shall establish written rules and disciplinary generated. penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR INMATE DISCIPLINE This is a temporary holding facility. Inmates are not housed or detained for an extended period of time. The imposition of disciplinary If discipline is NOT administered, written policy should actions or sanctions do not occur in this indicate as such. If discipline is administered, Sections facility. 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The inmate shall be advised in a written statement by the factfinders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE This is a temporary holding facility. Inmates are not housed or detained for an extended period of time. The imposition of disciplinary The degree of punitive actions taken by the disciplinary actions or sanctions does not occur in this officer shall be directly related to the severity of the rule facility. infraction. 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. (h) Disciplinary separation diet. 083 LIMITATIONS ON DISCIPLINARY This is a temporary holding facility. Inmates ACTIONS are not housed or detained for an extended period of time. The imposition of disciplinary actions or sanctions does not occur in this The Penal Code and the State Constitution expressly prohibit facility. all cruel and unusual punishment. Additionally, 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 minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS This is a temporary holding facility. Inmates are not housed or detained for an extended period of time. The imposition of disciplinary Penal Code Section 4019.5 requires that a record is kept of ☐ ☐ ☒ actions or sanctions does not occur in this all disciplinary infractions and punishment administered, facility. therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1280 FACILITY SANITATION, SAFETY, AND 900.11 ASSIGNED ADMINISTRATOR MAINTENANCE The Patrol Captain will ensure any reasonably necessary supplemental procedures are in place to address the following issues (15 CCR 1029): The facility administrator shall develop written policies and ☒ ☐ ☐ Sanitation and maintenance procedures for the maintenance of an acceptable level of cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 16 - A351 TH PRO eff. 1/2019 (20-22).dot DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. There were no minors held during this inspection cycle. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☒ ☐ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see the remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial If a minor is held, they are placed into an interview room. inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☒ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 17 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A Ensure your minors in detention manual is MINOR IN AN ADULT DETENTION updated. FACILITY 322.3.1 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY When emergency medical attention is required The facility administrator shall develop policy and procedures for a juvenile, medical assistance will be called for notification of the court of jurisdiction and the parent, immediately. The Watch Commander shall be guardian, or person standing in loco parentis, in the event of a notified of the need for medical attention for the suicide attempt, serious illness, injury or death of a minor in juvenile. Department members should custody. administer first aid as applicable (15 CCR 1142). ☒ ☐ ☐ 322.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY Department members should be alert to potential symptoms based upon exhibited behavior that may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to communicate, verbally threatening to kill him/herself, or any unusual behavior which may indicate the juvenile may harm him/herself while in either secure or non-secure custody (15 CCR 1142). 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; ☒ ☐ ☐ Please see above. (b) use of restraints; 322.10 USE OF RESTRAINT DEVICES Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the San Rafael Police Department Public Safety Center when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening (15 CCR 1142). ☒ ☐ ☐ Other restraints shall only be used after less restrictive measures have failed and with the approval of the Watch Commander. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others (15 CCR 1142). Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse (15 CCR 1142). (c) emergency medical assistance and services; and ☒ ☐ ☐ Please see above. (d) prohibiting use of discipline. ☐ ☐ ☒ Discipline is not imposed in this facility. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 18 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. 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; Juveniles shall have reasonable access to toilets ☒ ☐ ☐ and wash basins. (2) one snack upon request during term of temporary Food shall be provided if a juvenile has not eaten custody if the minor has not eaten within the past four (4) within the past four hours or is otherwise in need ☐ ☐ ☒ hours or is otherwise in need of nourishment; of nourishment, including any special diet required for the health of the juvenile. (3) access to drinking water; and Juveniles shall have reasonable access to a ☒ ☐ ☐ drinking fountain or water. (4) privacy during consultation with family, guardian, Juveniles shall have privacy during family, ☒ ☐ ☐ and/or lawyer. guardian, and/or lawyer visits. (5) blankets and clothing, as necessary, to assure the Blankets shall be provided as reasonably ☒ ☐ ☐ comfort of the minor; and necessary. (6) his or her personal clothing unless the clothing is Juveniles shall be permitted to remain in their inadequate, presents a health or safety problem, or is ☒ ☐ ☐ personal clothing unless the clothing is taken as required to be utilized as evidence of an offense. evidence or is otherwise unsuitable or inadequate for continued wear while in custody. 1144 CONTACT BETWEEN MINORS AND 322.7 NO-CONTACT REQUIREMENTS ADULT PRISONERS Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Department (34 USC § 11133; Welfare and The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, ☒ ☐ ☐ Institutions Code § 207.1; Welfare and Institutions Code § 208; 15 CCR 1144). between minors and adults confined in the facility. There should also be sight and sound separation between nonoffenders and juvenile and status offenders. In situations where brief or accidental contact may occur, In situations where brief or accidental contact may such as booking or facility movement, facility staff (trained occur (e.g., during the brief time a juvenile is in the supervision of inmates) shall maintain a constant, being fingerprinted and/or photographed in side-by-side presence with the minor or the adult to prevent booking), a member of the Central Marin Police ☒ ☐ ☐ sustained contact. Authority (trained in the supervision of persons in custody) shall maintain a constant, immediate, side-by-side presence with the juvenile or the adult to minimize any contact. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 19 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. 1145 DECISION ON SECURE CUSTODY 322.12 SECURE CUSTODY Only juvenile offenders 14 years of age or older may be placed in secure custody (Welfare and A minor who is taken into temporary custody by a peace Institutions Code § 207; 15 CCR 1145). officer on the basis that he or she is a person described by Watch Commander approval is required before Section 602 of the Welfare and Institutions Code may be held placing a juvenile offender in secure custody. 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 Secure custody should only be used for juvenile if, in the reasonable belief of the peace officer, the minor offenders when there is a reasonable belief that the presents a serious security risk of harm to self or others, as juvenile is a serious risk of harm to him/herself or long as all other conditions of secure custody set forth in these ☒ ☐ ☐ others. Factors to be considered when determining standards are met. Any minor in temporary custody who is if the juvenile offender presents a serious security less than 14 years of age, or who does not in the reasonable risk to him/herself or others. belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents 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 ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate ☒ ☐ ☐ supervision or protection of the minor; and (e) the age, type, and number of other individuals who ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY Secure custody should only be used for juvenile offenders when there is a reasonable belief that the While in secure custody, minors may be locked in a room or juvenile is a serious risk of harm to him/herself or ☐ ☐ ☒ other secure enclosure, secured to a cuffing rail, or otherwise others. reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 322.12.1 LOCKED ENCLOSURES CUSTODY INSIDE A LOCKED A thorough inspection of the area shall be ENCLOSURE conducted before placing a juvenile into the ☒ ☐ ☐ enclosure. A second inspection shall be conducted after removing the juvenile. (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; and The juvenile shall constantly be monitored by an ☒ ☐ ☐ audio/video system during the entire custody. (2) safety checks, as defined in Section 1006, of the Unscheduled safety checks to provide for the minor by staff of the law enforcement facility, at least health and welfare of the juvenile by a staff ☒ ☐ ☐ once every 30 minutes, which shall be documented. member, no less than once every 15 minutes, shall occur. (b) Males and females shall not be placed in the same Males and females shall not be placed in the same locked room unless under constant direct visual ☒ ☐ ☐ locked room. observation by staff of the law enforcement facility. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 20 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. 1148 SUPERVISION OF MINORS IN 322.12 SECURE CUSTODY SECURE CUSTODY OUTSIDE OF A Only juvenile offenders 14 years of age or older LOCKED ENCLOSURE may be placed in secure custody (Welfare and Institutions Code § 207; 15 CCR 1145). Watch Commander approval is required before Minors held in secure custody outside of a locked placing a juvenile offender in secure custody. enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is ☒ ☐ ☐ Secure custody should only be used for juvenile available. offenders when there is a reasonable belief that the juvenile is a serious risk of harm to him/herself or others. Factors to be considered when determining if the juvenile offender presents a serious security risk to him/herself or others. A staff person from the facility shall provide constant The juvenile shall constantly be monitored by an direct visual observation to assure the minor's safety while ☒ ☐ ☐ audio/video system during the entire custody. 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 for This practice does not occur. 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- Non-secure custody. Juveniles are held in the SECURE CUSTODY presence of an officer or other custody employee at all times and are not placed in a locked room, cell, or behind any locked doors. Juveniles in non- Minors held in temporary custody, who do not meet the ☒ ☐ ☐ secure custody may be handcuffed but not to a criteria for secure custody as specified in Section 207.1(b) stationary or secure object. of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN Personal supervision, through direct visual NON- SECURE CUSTODY monitoring and audio two-way communication, is maintained. Minors held in non-secure custody shall receive constant ☒ ☐ ☐ direct visual observation by staff of the law enforcement facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF 322.3 JUVENILES WHO SHOULD NOT BE ANY INTOXICATING SUBSTANCE IN SECURE HELD OR NON-SECURE CUSTODY Juveniles who exhibit any of the following conditions should not be held at the San Rafael Facility administrators shall develop policies and procedures Police Department Public Safety Center. providing that a medical clearance shall be obtained for ☒ ☐ ☐ Significantly intoxicated except when approved by minors who are under the influence of drugs, alcohol, or any the Watch Commander. A medical clearance shall other intoxicating substance to the extent that they are unable be obtained for minors who are under the to care for themselves. influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 21 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. Supervision of minors in secure custody in a locked room Please see above. who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance 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 Please see above. room who display outward signs of being under the influence ☒ ☐ ☐ of drugs, alcohol or any other intoxicating substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display Please see above. outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall be supervised in ☒ ☐ ☐ accordance with Section 1150. Facility administrators must be aware of the requirements of WIC 207.1(b) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE NO YES N/A P/P/REFERENCE - COMMENTS SECTION 207.1 207.1(b)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for ☒ ☐ ☐ Number of violations: investigating the case, facilitating release to a parent or guardian, or arranging transfer to an appropriate juvenile facility. 207.1(b)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law enforcement facility for longer than six hours. ☒ ☐ ☐ Number of violations: 207.1(b)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ Number of violations: length of time the secure detention is expected to last, and of the maximum six-hour period and secure detention is authorized to last. 207.1(b)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: facility is restricted in accordance with WIC Section 208. 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 22 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. 207.1(b)(1)(E) SUPERVISION The minor is adequately supervised. ☒ ☐ ☐ Number of violations: 207.1(b)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis ☒ ☐ ☐ Number of violations: for the secure detention in the facility, the reasons and circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(b)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the law enforcement facility for longer than six hours. ☒ ☐ ☐ Number of violations: 3076 Marin San Rafael PD Public Safety Ctr TH PRO 20-22 - 23 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3076 FACILITY: San Rafael Police Dept. Public Safety Center TYPE: TH RC: 0 FIELD REPRESENTATIVE: Kimberly Moule DATE: January 13, 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 Temporary Holding Cells A/B Holding 2017 2 0 (1) (2) 10’ x 6’2” x 8’8” 1 1 1 Each holding cell contains 8’ of fixed bench seating space and 62 Sq. Ft. Both holding cells are equipped with audio and video monitoring. C Interview 2017 1 0 0 0 8’ X 10’ 7” X 8’8” The interview room contains a chair and a table. *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. 3076 Marin San Rafael PD Public Safety Ctr TH LASE 20-22 - 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: 3076 FACILITY NAME: San Rafael Police Dept. Public Safety Center FACILITY TYPE: TH 6/94: ☐ 2/99: ☐ 2001: ☐ 2005: ☐ 2008: ☐ 2010: ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☐ 2017: ☒ ☐ ☐ ☐ FIELD REPRESENTATIVE: Kimberly Moule DATE: January 13, 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. Two temporary 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; Holding cells are rated to temporarily hold one ☒ ☐ ☐ person. 3. Be no smaller than 40 square feet (3.7 m2) and have a 10’ x 6’2” x 8’8” + 62 sq. ft. ☒ ☐ ☐ 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 There are no bunks. Detainees do not remain in or room shall be equipped with a bunk if inmates are to ☐ ☐ ☒ holding for an extended period of time. be held longer than 12 hours. 1231.2.19 Safety equipment storage. There is a secured armory 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. 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 Located inside of the janitors closet. the facility. In court holding, temporary holding, Types I, III and IV facilities, the closet need not be in the security area. ☒ ☐ ☐ 3076 San Rafael PD Public Safety Ctr TH 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. Inmate clothing and property is stored at the jail. 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. 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. 1231.2.24 Emergency power. Generator. 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. One interview room 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. Additional drinking fountains shall be located in other areas of the facility so that drinking water will be available to ☒ ☐ ☐ inmates and staff. 3076 San Rafael PD Public Safety Ctr TH 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 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. Weapons lockers are secured outside of the holding A secure weapons locker shall be located outside the security ☒ ☐ ☐ area. 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.) 3076 San Rafael PD Public Safety Ctr TH PHY 20-22 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19)