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Marin San Rafael PD Public Safety Center (2023-2024 inspection cycle)

Board of State and Community Corrections · inspection-3076-2023-2024 · Facility inspection · 2024-08-21 · Marin San Rafael PD Public Safety Center

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August 21, 2024 David Spiller, Chief of Police San Rafael Police Department 1400 Fifth Ave. San Rafael, CA 94901 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, SAN RAFAEL POLICE DEPARTMENT TEMPORARY HOLDING FACILITY Dear Chief Spiller, The 2023-2024 Comprehensive Inspection of the San Rafael City Police Department 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 San Rafael PD Public Safety Center 3076 TH 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 We identified no items of noncompliance with Title 15 or 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. * * * 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. Stacie Gregory Chief of Police Page 2 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* Lt. Eberle, San Rafael Police Department** Sgt. Cordero, San Rafael Police Department** *Copies of the inspection are available upon request or online at www.bscc.ca.gov. **Sent electronic copy. 3076 Marin San Rafael PD Public Safety Center TH LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3076 FACILITY NAME: San Rafael PD Public Safety Center FACILITY TYPE: TH PERSON(S) INTERVIEWED: LT. Scott Eberle, Sergeant Ronda Cordero FIELD REPRESENTATIVE: Traci Kessler DATE: July 7, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY HOLDING FACILITY TRAINING 900.12 TRAINING At a minimum, all supervisors of and personnel who BSCC staff reviewed training records and supervise incarcerated persons in, a Court Holding or verified that all staff have completed POST Temporary Holding facility shall complete eight hours of Certification along with Jail Operations specialized corrections training. Such training shall pertaining to temporary holding and include, but not be limited to: processing. (a) applicable minimum jail standards; (b) jail operations liability; (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. 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 Center TH PRO 23-24 Page 1 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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). Training records were reviewed with the Training Sergeant. All applicable staff training is up to date. 1027 NUMBER OF PERSONNEL 205.1 Staffing Level 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. 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 San emergency. 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. The staffing plan was reviewed and confirmed. Verified that the arresting officer 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 that a female staff member is on- shall be at least one female employee who shall be site and available as needed. ☒ 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 prepare and maintain a staffing plan shall be reviewed by the Board staff at the ☐ ☐ staffing plan, indicating assigned personnel time of their biennial inspection. The results of such a and their duties. review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. Reviewed and confirmed. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 2 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027.5 SAFETY CHECKS 900.5.1 TEMPORARY CUSTODY LOGS The facility administrator shall develop and implement 900.5.2 TEMPORARY CUSTODY policy and procedures for conducting safety checks that REQUIREMENTS 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 San Rafael Police Department ☒ through direct visual observation of all people held and ☐ ☐ Temporary Holding facility, safety checks housed in the facility. and significant incidents/activities shall be noted on the logs. A random sampling of Safety Check logs from January 2024 to July 2024 were reviewed on-site. (b) There shall be no more than a 60-minute lapse Reviewed and confirmed. ☒ between safety checks. ☐ ☐ (c) Safety checks for people in sobering cells, safety cells, This facility does not utilize safety cells, and restraints shall occur more frequently as outlined in sobering cells, or restraint devices. ☒ 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 Reviewed and confirmed. 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 ☒ All sworn staff receive initial Fire and Life least one person on duty at all times who meets the ☐ ☐ Safety training during the initial POST training standards established by the Board for general Academy. fire and life safety. [Penal Code section 6030(c)]. The facility manager shall ensure that there is at least one Eight hours of Fire and Life Safety training is person on duty who trained in fire and life safety provided annually. All staff are up to date on ☒ procedures that relate specifically to the facility. ☐ ☐ annual training requirements. Training is provided by a third-party provider. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 3 of 25 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 ORDERS 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. Sworn staff are required to review monthly policy updates. Comprehensive reviews of policies are conducted every six months by a facility Lieutenant. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the Reviewed 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. (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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 4 of 25 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 successfully 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 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. (5) Procedure and criteria for screening newly Screening of inmates is conducted at the ☐ ☒ received persons for release. ☐ county detention facility upon booking 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 5 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) Security and control including physical counts and 900.8 HOLDING CELLS & HARD searches of the facility and incarcerated persons, INTERVIEW ROOMS contraband control, and key control. Each facility administrator shall, at least annually, A thorough inspection of the holding cell or review, evaluate, and make a record of security hard interview room shall be conducted measures. The review and evaluation shall include before placing an individual into the cell internal and external security measures of the facility and/or interview room to ensure there are no including security measures specific to prevention of weapons or contraband and that the cell sexual abuse and sexual harassment. and/or interview room is clean and sanitary. 900.11 ASSIGEND ADMINISTRATOR The Operations Commander will ensure any reasonably necessary supplemental procedures are in place to address Key Control 904.2 PRISON RAPE ELIMINATION ACT ☒ ☐ ☐ (PREA) 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 The facility commander conducts a comprehensive review of security protocols every six months. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 6 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 following issues (15 CCR 1029): • General security • Key control • Sanitation and maintenance • Emergency medical treatment (15 CCR 1200) • Escapes • Evacuation plans • Fire and life safety, including a fire suppression pre-plan as required by 15 CCR 1032 ☒ ☐ ☐ • Disaster plans • Building and safety code compliance • Civil and other disturbances including hostage situations • Periodic testing of emergency equipment • Emergency suspension of Title 15 regulations and notice to the Board of State and Community Corrections as required in 15 CCR 1012 • Inspections and operations reviews • 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). (B) escape, disturbances, and the taking of Reviewed. ☒ hostages; ☐ ☐ (C) mass arrests; ☒ Reviewed. ☐ ☐ (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. ☐ ☐ 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 7 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (10) Zero tolerance in the prevention of sexual abuse 904.2 PRISON RAPE ELIMINATION ACT and sexual harassment. 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). (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 Individuals are not housed in this facility. incarcerated persons. ☐ ☒ Discharge planning is conducted at the ☐ correctional facility. (e) The manual for Temporary Holding, Court Holding, 902.4 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 Individuals in custody may make reports to privately report sexual abuse and sexual any staff member, verbally, in writing, ☒ harassment, retaliation by other incarcerated ☐ ☐ privately, or anonymously. persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved 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 prevention program developed by the facility administrator or designee, in conjunction with the health ☒ ☐ ☐ authority and mental health director, to identify, monitor, and provide treatment to those incarcerated persons who present a suicide risk. The program shall include the following: (a) Annual suicide prevention training for all custodial All sworn staff receive 40 hours of CIT personnel. ☒ training. All FTOs receive additional annual ☐ ☐ suicide prevention training. (b) Intake screening for suicide risk immediately upon Suicide risk screening is conducted at the ☒ intake and prior to housing assignment. ☐ ☐ correctional facility upon booking. (c) Suicide prevention screening during special Housing and classification screenings are situations, including placement in restrictive housing, conducted upon booking at the correctional ☒ following a hearing, and after a transfer or change in ☐ ☐ facility. classification. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 8 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 Detainees are not housed in this temporary that balance safety and environment. The least restrictive ☒ holding facility ☐ ☐ environment should be considered. (f) Supervision depending on level of suicide risk. ☐ ☒ ☐ (g) Suicide attempt and suicide intervention policies and ☒ ☐ 900.4.1 SCREENING AND PLACEMENT procedures. ☐ (h) Provisions for reporting suicides and suicides ☒ ☐ attempts. ☐ (i) Multi-disciplinary administrative review of suicides and In the event of a suicide or attempted attempted suicides as defined by the facility suicide, the agency, in collaboration with the administrator, including the development of a corrective ☒ local sheriff’s agency adheres to protocol ☐ ☐ action plan to address deficiencies identified in the using a multi-jurisdictional team for administrative review. 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 The Operations Commander will ensure any Pursuant to Penal Code Section 6031.1(b), the facility reasonably necessary supplemental administrator shall consult with the local fire department procedures are in place to address the ☒ having jurisdiction over the facility, with the State Fire ☐ ☐ following issues (15 CCR 1029): Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: • (g) Fire and life safety, including fire suppression (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); (b) monthly fire prevention inspections by facility staff with Monthly facility fire and safety inspection two-year retention of the inspection record; ☒ logs were reviewed. BSCC staff confirmed ☐ ☐ the facility's two-year retention policy. (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 December 27, ☐ ☐ inspections at least once every two years; 2023. (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 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 344.1.1 REPORT PREPARATION Each facility administrator shall develop written policies and procedures for the maintenance of written records ☒ and reporting of all incidents which result in physical ☐ ☐ harm, or serious threat of physical harm, to an employee or incarcerated person of a detention facility or other person. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 9 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such records shall include the names of the persons All incident reports are maintained in the involved, a description of the incident, the actions taken, agency records management system. and the date and time of the occurrence. ☒ ☐ ☐ At the time of the on-site inspection, there were no incidents in the facility requiring an Incident Report. Such a written record shall be prepared by the staff No incidents required reports. 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 The Operations Commander Division reporting requirements of Government Code section Commander will ensure procedures are in 12525. The facility administrator shall submit a copy of place to address any suicide attempt, death, the report filed pursuant to section 12525 to the BSCC or serious injury of any individual in within 10 days of an in-custody death. temporary custody at the San Rafael Police Department. The procedures should include ☒ ☐ ☐ the following: • (h) In-custody death reviews (15 CCR 1046) • (i) Notification to the Attorney General within 10 days of any death in custody including any reasonably known facts concerning the death (Government Code § 12525) (b) The facility administrator, in cooperation with the 900.9 SUICIDE ATTEMPT, DEATH, OR health administrator, shall develop written policy and SERIOUS INJURY 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 900.9 SUICIDE ATTEMPT, DEATH, OR appropriateness of clinical care; whether changes to ☒ SERIOUS INJURY policies, procedures, or practices are warranted; and to ☐ ☐ identify issues that require further study. (c) The facility administrator shall submit a copy of the At the time of the on-site inspection, BSCC initial review report of every in-custody death to the BSCC staff were made aware that the agency is within 60 days of the death. The facility administrator shall awaiting a follow-up call from their Lexipol provide a copy of the initial review report that comports representative regarding the revised ☒ with the disclosure requirements of section 832.10 of the ☐ ☐ regulation that went into effect on July 1, Penal Code. 2024. BSCC staff will follow up with the Lieutenant responsible for Lexipol updates in 30 days. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 1 0 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The initial review report shall contain the following 900.9 SUICIDE ATTEMPT, DEATH, OR information: SERIOUS INJURY (1) Demographic information (A) Full name of the decedent Please see note above. (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 900.9 SUICIDE ATTEMPT, DEATH, OR jail, lockup, or court holding facility the BSCC may inspect SERIOUS INJURY and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter within 30 BSCC staff met with command staff to calendar days of the death. Any inquiry made by the ensure they are aware of the new reporting Board shall be limited to the standards and requirements and inspection requirement for In Custody set forth in these regulations. Death Review. 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 ☒ ☐ ☐ Inmates are not housed in this facility. housing unit assignment shall be accomplished to the Comprehensive classification screening is extent possible within the limits of the available number conducted at the correctional facility upon of distinct housing units or cells in a facility. initial booking and housing. 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. (c) In deciding housing and programming assignments, Inmates are not housed or programmed at the agency shall consider on a case-by-case basis this facility. 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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 1 1 of 25 A351 TH PRO eff. 07.01.24 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 responsible physician, shall develop written policies and Individuals who exhibit certain behaviors or procedures specifying those symptoms that require conditions should not be in temporary medical isolation of an incarcerated person until a custody at the San Rafael Police Department medical evaluation is completed. but should be transported to a jail facility, a medical 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. If a detainee is exhibiting signs or symptoms, they are transported directly to a local hospital. At the time of intake into the facility, an inquiry shall be Detainees are not housed in this facility. All made of the person being booked as to whether the medical screenings are conducted at the person has or has had any communicable diseases, such correctional facility upon booking. 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 Individuals who exhibit certain behaviors or procedures to identify and evaluate all incarcerated conditions should not be in temporary people who may be in behavioral crisis. Evaluation of custody at the San Rafael Police Department behavioral crisis may include telehealth. but should 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) Persons exhibiting signs of being developmentally disordered are transported to a local hospital or county jail. If an evaluation from medical or mental health staff is not Please see above. readily available, an incarcerated person shall be considered in behavioral crisis for the purpose of this ☒ A mentally disordered person would not be ☐ ☐ section if they appear to be a danger to themselves or held in this facility. others or appear gravely disabled. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 1 2 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An evaluation from medical or mental health staff shall be Please see above. secured within 24 hours of identification or at the next daily sick call, whichever is earliest. ☒ Medical & mental health evaluations are ☐ ☐ conducted at the correctional facility upon booking. Separation may be used if necessary, to protect the ☐ ☒ safety of the person in crisis or others. ☐ Please see above. 1053 ADMINISTRATIVE SEPARATION 900.12 TRAINING Except for Type IV facilities, facility administrators shall Department members should be trained and develop and implement policies and procedures for the familiar with this policy and any administrative separation of incarcerated people. ☒ supplemental procedures. ☐ ☐ • (c) Inmate segregation Holding cells would be utilized for the segregation of detainees Policies and procedures must include: Housing does not occur at this facility. (a) Administrative separation may consist of separate 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. 1055 USE OF SAFETY CELL This facility does not have a safety cell. 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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 1 3 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 This facility does not have a sobering cell. 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. 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 Individuals who exhibit certain behaviors or procedures for the identification and evaluation, conditions should not be in temporary appropriate classification and housing, protection, and custody at the San Rafael Police Department nondiscrimination of all incarcerated persons with but should be transported to a jail facility, a developmental disabilities. medical facility, or another type of facility as ☒ appropriate. These include: ☐ ☐ • (j) Any individual who is obviously developmentally disabled (15 CCR 1057) Individuals exhibiting signs of being developmentally disabled are transported to a local hospital or correctional facility. The health authority or designee shall contact the Marin County Behavioral Health. 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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 1 4 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES 302.3.1 RESTRAINT OF DETAINEES The facility administrator, in cooperation with the Situations may arise where it may be responsible physician, shall develop and implement reasonable to restrain a person who may, written policies and procedures for the use of restraint after a brief investigation, be released devices. Restraint devices include any devices which without arrest. Unless arrested, the use of immobilize extremities or prevent the incarcerated person restraints on detainees should continue only from being ambulatory. The provisions of this section do for as long as is reasonably necessary to not apply to the use of handcuffs, shackles, or other ☒ ☐ ensure the safety of officers and others. restraint devices when used to restrain incarcerated ☐ When deciding whether to remove restraints people for security reasons. The facility manager may from a detainee, officers should continuously delegate authority to place an incarcerated person in weigh the safety interests at hand against restraints to responsible health care staff. the continuing intrusion upon the detainee. The only restraint devices used in this facility are handcuffs. The agency does not utilize a WRAP device or an emergency restraint chair. (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 following requirements: ☒ (1) In no case shall restraints be used for punishment ☐ ☐ or as a substitute for treatment. (2) Restraint devices shall only be used on 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. (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. ☐ ☐ 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 1 5 of 25 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 Persons who are known to be pregnant procedures for the use of restraint devices on pregnant should be restrained in the least restrictive people. In accordance with Penal Code Section 3407, the manner that is effective for officer safety. Leg policy shall include reference to the following: 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). (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 Temporary holding facility. Pregnant females delivery, or in recovery after delivery or termination of are not housed in this facility. 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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 1 6 of 25 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 are accessible at the jail where booking and processing occur. Telephone The facility administrator shall develop written policies use onsite occurs in exigent circumstances. and procedures which allow access to a telephone or 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 An attorney may visit at the request of the access to the court and to legal counsel. individual in custody or a relative (Penal ☒ Such access shall consist of: ☐ ☐ Code § 825). (b) Attorneys and bail bondsmen who need to interview an individual in custody should do so inside a secure interview room. (b) confidential consultation with attorneys. ☒ Interview rooms are located onsite. ☐ ☐ 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 held in administrator shall establish written rules and disciplinary temporary holding 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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 1 7 of 25 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 of time. If a crime is committed while Each facility administrator shall develop written policies held in temporary holding a crime report is and procedures for discipline of incarcerated persons. generated. 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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 1 8 of 25 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 of time. The imposition of disciplinary shall be directly related to the severity of the rule actions or sanctions does not occur in this infraction and promotion of desired behavior through a facility. 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 of time. The imposition of disciplinary prohibit all cruel and unusual punishment. Disciplinary actions or sanctions does not occur in this actions shall not include corporal punishment, group facility. 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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 1 9 of 25 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 of time. The imposition of disciplinary ☒ of all disciplinary actions administered therefore. This ☐ ☐ actions or sanctions does not occur in this requirement may be satisfied by retaining copies of rule facility. violation reports and report of the disposition of each. 1270 STANDARD BEDDING AND LINEN ISSUE This is a temporary holding facility. Inmates are not housed or detained for an extended The standard issue of clean suitable bedding and linens, period for each incarcerated person entering a living area who ☒ 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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 2 0 of 25 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. At the time of the BSCC on-site inspection, the facility was clean and void of any repair or visible safety issues. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 2 1 of 25 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? 312 – TEMPORARY CUSTODY OF JUVENILES Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold It is the practice of the San Rafael Police minors in secure detention in the jail. Title 15, Article 9 Department to limit the use of the temporary establishes the minimum standards of how facilities hold holding facility for the detention of juveniles minors in temporary custody in the jail. ☒ whenever possible. ☐ ☐ 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 312.3.1 EMERGENCY MEDICAL CARE OF IN AN ADULT DETENTION FACILITY JUVENILES IN CUSTODY The facility administrator shall develop policy and ☒ procedures for notification of the court of jurisdiction and ☐ ☐ the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES Reviewed. 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; ☒ 312.9 USE OF RESTRAINT DEVICES ☐ ☐ (c) emergency medical assistance and services; and ☒ 312.3.1 EMERGENCY MEDICAL CARE OF ☐ ☐ JUVENILES IN CUSTODY (d) prohibiting use of discipline. ☒ 312.8 TEMPORARY CUSTODY ☐ ☐ REQUIREMENTS 1143 CARE OF MINORS IN TEMPORARY 312.8 TEMPORARY CUSTODY CUSTODY REQUIREMENTS ☒ ☐ (a) The following shall be made available to all minors ☐ Reviewed and confirmed. held in temporary custody: (1) access to toilets and washing facilities; (2) one snack during term of temporary custody if Reviewed and confirmed. the minor has not eaten within the past four (4) ☒ hours or is otherwise in need of appropriate ☐ ☐ nourishment; (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 ☐ ☐ 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 2 2 of 25 A351 TH PRO eff. 07.01.24 (9) personal clothing unless the clothing is Reviewed and confirmed. 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 Reviewed and confirmed. 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 312.7 NO-CONTACT REQUIREMENTS INCARCERATED ADULTS ☒ Reviewed and confirmed. 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 BSCC staff spoke with the facility Lieutenant occur, such as booking or facility movement, facility staff who confirmed the practice. (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 312.11 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 312.11.1 LOCKED ENCLOSURES 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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 2 3 of 25 A351 TH PRO eff. 07.01.24 1147 SUPERVISION OF MINORS IN SECURE 312.11.1 LOCKED ENCLOSURES CUSTODY INSIDE A LOCKED ENCLOSURE (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 312.6 JUVENILE CUSTODY LOGS minor by staff of the law enforcement facility, at least once every 30 minutes, which shall be documented. ☒ BSCC staff reviewed safety check logs for ☐ ☐ juvenile detention confirming safety checks are conducted and documented every 30 minutes. (b) Minors of different genders shall not be placed in the 312.8 TEMPORARY CUSTODY same locked room unless under constant direct visual ☒ ☐ REQUIREMENTS ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 312.8 TEMPORARY CUSTODY CUSTODY OUTSIDE OF A LOCKED REQUIREMENTS 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 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object 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- 312.8 TEMPORARY CUSTODY SECURE CUSTODY REQUIREMENTS 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. 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 2 4 of 25 A351 TH PRO eff. 07.01.24 1151 MINORS UNDER THE INFLUENCE OF ANY 312.3 JUVENILES WHO SHOULD NOT BE INTOXICATING SUBSTANCE IN SECURE HELD OR NON-SECURE CUSTODY It is the policy of the San Rafael Police Facility administrators shall develop policies and ☒ Department that any juvenile who exhibits procedures providing that a medical clearance shall be ☐ ☐ signs 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 the temporary holding facility. extent that they are unable to care for themselves, prior to secure or non-secure custody of that minor. 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. ☐ ☐ 3076 Marin San Rafael PD Public Safety Center TH PRO 23-24 Page 2 5 of 25 A351 TH PRO eff. 07.01.24 ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3076 FACILITY: San Rafael PD Public Safety Center TYPE: TH 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 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 Center TH 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: 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: 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. 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 10’ x 6’2” x 8’8” + 62 sq. ft. 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 There are no bunks. Detainees do not remain cell or room shall be equipped with a bunk if inmates ☐ ☐ ☒ in holding for an extended period. are to 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 Located inside of the janitor's closet. area of the facility. In court holding, temporary holding, Types I, III and IV facilities, the closet need not be in the security area. ☒ ☐ ☐ 3076 Marin San Rafael PD Public Safety Center TH 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 and property are stored at the One or more storage rooms shall be provided to jail. 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. 3076 Marin San Rafael PD Public Safety Center TH 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. Weapons lockers are secured outside of the A secure weapons locker shall be located outside the ☒ ☐ ☐ holding area. 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.) 3076 Marin San Rafael PD Public Safety Center TH PHY 23-24 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19)