Merced County Sheriff's Office (2023-2024 inspection cycle)

May 31, 2023 Verne Warnke, Sheriff-Coroner Merced County Sheriff’s Office 700 W. 22nd Street Merced, CA 95340 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE 6031, WELFARE & INSTITUTION CODE 209 STANISLAUS COUNTY TYPE II FACILITIES Dear Sheriff-Coroner Warnke: The 2023-2024 Comprehensive Inspection of the Stanislaus County Sheriff's Office has been completed. A pre-inspection briefing was held on Wednesday, January 25, 2023, and the following facilities were inspected between April 04, 2023, and April 05, 2023: FACILITY NAME BSCC # FACILITY TYPE Merced County Jail 3160 II Merced Courts Building 3175 CH John Latorraca Correctional Center 3190 II Merced County Superior Court 3215 CH These inspections were 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, Board of State and Community Corrections (BSCC) staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). 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 the following items of noncompliance with Title 15 Minimum Standards: Main Jail #3160, and John Latorraca Correctional Center #3190: Title 15 Section 1027, Number of Personnel: At the time of inspection, your agency was unable to fill additional positions that were allocated. This results in using ninety, 8-hour shifts of overtime to cover positions in a pay period. Verne Warnke Sheriff-Coroner Page 2 John Latorraca Correctional Center #3190 Title 15 Section 1280, Facility Sanitation, Safety, and Maintenance: A general lack of maintenance exists at the facility and was identified in the previous inspection. Merced Superior Court Los Banos # 3215 Title 15 Section 1032, Fire Suppression Preplanning Monthly fire safety inspections by facility staff are not being completed. Refer to the attached Procedures Checklist for detailed information. Refer to the Physical Plant Evaluation (PHY) and Living Area Space Evaluation (LASE) attachments for information related to Rated Capacity and Title 24 compliance. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring We found no violations of the JJDPA; a copy of the monitoring report is attached for your information. CORRECTIVE ACTION PLAN (CAP) An Exit Briefing with your staff was held on Wednesday, April 5, 2023; BSCC staff presented an overview of the inspection and discussed technical assistance and best practice recommendations. BSCC staff reviewed and provided an Initial Inspection Report for noncompliance items found during the inspection. Your agency provided BSCC staff with a CAP addressing these issues on Tuesday, May 16, 2023, we responded to the CAP under a separate cover letter. * * * Please email me at tim.mcwilliams@bscc.ca.gov or call (916) 956-1559 if you have any questions. Sincerely, TIM MCWILLIAMS Field Representative Facilities Standards and Operations Division Enclosures BSCC#3160+ Stanislaus County LTR Cycle 2023 / 2024 Verne Warnke Sheriff-Coroner Page 3 Cc: Presiding Judge, Merced County Superior Court* Grand Jury, Merced County* Chair, Board of Supervisors, Merced County* County Administrator, Merced County* John Hendon, Merced County COII Lacey Graham *Copies of the inspection are available upon request or online at www.bscc.ca.gov. BSCC#3160+ Stanislaus County LTR Cycle 2023 / 2024 ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3160 FACILITY: Merced County Jail TYPE: II RC: 189 FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/05/2023 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 RECEPTION AND BOOKING Pre-Book Holding 1991 1 (4) (4) 7’x10’ This cell used for pre-booking, short term. Seven feet of bench, capacity of 4. No fixtures Observation 1 Sobering 1991 1 (8) (8) 12’x17’ 1 1 1 Note: 210 square feet. Male Sobering Cell Observation 2 Sobering 1991 1 (4) (4) 12’x7’.5” 1 1 1 Note: 86 square feet. Female Sobering cell Safety 1 Safety 1991 1 (1) (1) 7’8”x6’ 1 Safety 2 Safety 1991 1 (1) (1) 7’8”x6’ 1 Note: Sliding door. 5 Holding 1991 1 (6) (6) 12’x20’5” 1 1 1 1-4 Holding 1991 4 (16) (16) 12’x17’ 1 1 1 SECURITY HOUSING 3, 4, 5 Single 1991 3 1 1 3 12’5”x7’ 1 1 1 1, 2 Double 1991 2 2 2 4 12’5”x7’ 1 1 1 Note: No dayroom, program, etc. Some dayroom time in holding cell with adequate space and T.V. Shower available in the corridor. 6,7 Single 1994 2 1 1 2 10’x12’6” 1 1 1 Note: Dayroom included in cell size. 105 square feet plus. New construction – 1999 VOIG project. Shower available in the corridor. 8 Double 1994 1 2 2 2 7’2”x11’8” 1 1 1 Note: Administrative segregation. 1 shower available. New construction – 1999 VOIG project. (2018) Name changed to “Security Housing” SK. Shower available in the corridor. *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. 3160 Merced County Jail II LASE 23-24 - 1 - A360 LAS Adult-05.dot (rev.12/2022) 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 INMATE WORKER - HOUSING Dorm 1994 1 14 12 12 22’x35’ 2 2 3 1 2 Dayroom 1991 16’x14’8” Note: Remodeled in 1999. Reduced from 18 RC to 12 RC. Commissary area added. Double Bunked – 1994 Standards allows for 12 inmates. (20-22) Dayroom is separate from dorm and shower area. When this area houses over 12 inmates it becomes non-compliant with regulations. One urinal not working at time of inspection. BLOCK 1 Male Multiple 1963 4 8 8 32 21’x66’x12’ 2 2 2 1 Note: Dimensions listed for multiple cells are for the entire four-cell area including dayrooms. Female Double 1963 3 2 2 6 10’x5’5”x12’ 1 1 1 1 Note: One shower is shared for the three cells. Additional combination toilet unit in the shower area. (20-22) Area not inspected due to quarantine/COVID-19 BLOCK 2 Male Multiple 1963 4 8 8 32 21’x66’x12’ 1 1 1 1 Note: Dimensions listed for multiple cells are for the entire four-cell area including dayrooms. (20-22) Housing areas had 1 toilet, washbasin, and fountain. Double 1963 4 2 2 8 10’x5’5”x12’ 1 1 1 1 BLOCK 3 Male Multiple 1963 1 4 4 4 21’x90’x12’ 1 1 1 1 Multiple 1963 5 8 8 40 21’x90’x12’ 1 1 1 1 Note: Dimensions listed for multiple cells are for the entire four-cell area including dayrooms. (20-22) Housing areas had 1 toilet, washbasin, and fountain. BLOCK 4 Male Multiple 1963 1 4 4 4 21’x90’x12’ 2 2 2 1 Multiple 1963 6 8 8 40 21’x90’x12’ 2 2 2 1 Note: Dimensions listed for multiple cells are for the entire four-cell area including dayrooms. 2012 – Block 4 taken out of use for part of the cycle due to staff shortages; returned to use by end of cycle. Note: One cell in Block 3 and in Block 4 has only 4 bunks with added dayroom. Allow for all singles to be double bunked with major emphasis on need to classify certain prisoners for single occupancy housing. *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. 3160 Merced County Jail II LASE 23-24 - 2 - A360 LAS Adult-05.dot (rev.12/2022) ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001; 2005; 2008 BSCC Code: 3160 FACILITY NAME: Merced County, Merced County Jail FACILITY TYPE: II APPLICABLE REGULATIONS (Check All That 6/94: X 2/99: 2001: 2005: 2008: Other:1963 Apply): & 1991 FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/05/2023 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) 1991 standards. Contains a weapons locker outside the security X perimeter of the facility, designed as outlined in these regulations. Contains a cell or room for confinement pending X booking Contains a detoxification cell, where applicable 01: Name change to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA) X Shower room available 2-99: Access to shower must be within the secure X area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running X water for staff use. Temporary Holding Cell or Room (2.2) 1991 standards. X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear X ceiling height of 8 feet or more Contains sufficient seating to accommodate all X inmates Contains water closet (toilet), wash basin, and drinking X fountain as specified by these regulations Provides for clear visual supervision by staff X Temporary Staging Cell or Room (2.3) X Holds inmates classified and segregated per Title 15 § 1050 and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X Contains 10 square feet of floor area per inmates and X has a clear ceiling height of 8 feet or more. Is at least 160 square feet X 3160 Merced County Jail II PHY 23-24 - 1 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Contains sufficient seating to accommodate all X inmates Contains water closets (toilets), wash basins and X drinking fountains as specified by these regulations Provides for clear visual supervision by staff X Detoxification/Sobering Cell (2.4) 1991 standards. X 01: Name change to “sobering cell.” Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear X ceiling height of 8 feet or more Contains a water closet (toilet) wash basin and X drinking fountain as specified by these regulations Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure portion of X the facility Safety Cell (2.5) 1991 standards. Contains 48 square feet with one floor dimension of a X least 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the X floor, with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which X provide a view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from X the bottom of the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible X to inmate occupant. Single Occupancy Cells (2.6) 1991 and 1994 standards. X Maximum capacity of one inmate Contain a minimum of 60 square feet of floor area in Type I facilities and 70 square feet in Type II and III X facilities Have a minimum clear ceiling height of 8 feet and a X minimum width of 6 feet Contain a water closet (toilet), wash basin and X drinking fountain as specified by these regulations Contain a bunk, desk and seat (Desk and seat not X required in Type I facilities.) Double Occupancy Cells (2.7) 1991 and 1994 standards. X Maximum capacity of two inmates 3160 Merced County Jail II PHY 23-24 - 2 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Contain a minimum of 60 square feet of floor area in Type I facilities and 70 square feet in Type II and III X facilities Have a minimum clear ceiling height of 8 feet and a X minimum width of 6 feet Contain a water closet (toilet), wash basin and X drinking fountain as specified by these regulations Contain 2 bunks, 1 desk and 1 seat (Desk and seat X not required in Type I facilities.) Dormitories (2.8) 1994 standards (inmate worker dormitory). (Note: 2001 regulations reduced the double bunk requirement from 75 to 70 square feet and added provision for triple bunks. This is the “least restrictive standard.” 2005 revisions added clarifying language, but did not change the calculations.) Contain at least 50 square feet of floor area per inmate for single bed units; at least 70 square feet of floor space per inmate for double bed units; and, at X least 90 square feet for triple bed units. Eight foot clear ceiling height required. (To calculate double bunked RC: 70 square feet divided by 2 inmates = 35 square feet + 35 square feet dayroom = 70 square feet per inmate. To calculate triple bunked RC: 90 square feet divided by 3 inmates=30 square feet + 35 square feet dayroom=65 square feet per inmate.) Designed for no fewer than 4 and no more than 64 X inmates Provide access to toilets separate from wash basins and drinking fountains as specified by these X regulations Provide storage space for each inmate's personal X items (NA Type I) Dayrooms (2.9) (Required for inmates in Type II and III facilities (excluding "special use" cells) and inmate workers in Type I facilities.) X Contain 35 square feet of floor area per inmate, exclusive of 3 foot wide corridors in front of cells/rooms 2-99: Deleted 3 foot corridor in front of cells/rooms Contain tables and seating to accommodate the maximum number of inmates allowed access at a given time. (Note 2001 revisions added reference to X access at a given time and are the least restrictive standard.) Exercise Area (2.10) Provided in Type II and III facilities. Type IV facilities X must have a recreation area or provide community access to one. Clear height of 15 feet X 3160 Merced County Jail II PHY 23-24 - 3 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Has required surface area: 80 % of maximum rated 1963 standards. Minimum of 30’ x 50’ x 15’. inmate capacity, multiplied by 50 square feet, divided X by number of one-hour exercise periods per day, equals the required surface area. 2-99: Provides free access to a toilet, wash basin and X drinking fountain Provides adequate security X Program/Multipurpose Space (2.11) (NA Type I) There is sufficient area and furnishings to meet the X needs of the facility programs. (See regulation for discussion of applicability to Type IV.) Medical Examination Room (2.12) Two exam rooms. There is one suitably equipped medical exam room in every Type II or III facility designed to house 25 or X more inmates. 2-99: Required in all facilities that provide on-site health care. Located within the security area and provide for X privacy of inmates Not less than 100 square feet of floor space with no X single dimension less than 7 feet Provide hot and cold running water 2-99: Hot and cold running water in any room where X medical procedures are provided 2-99: Lockable storage for medical supplies X Pharmaceutical Storage Space (2.13) X There is lockable storage space for medical supplies and pharmaceuticals (Title 15 § 1216). Medical Care Housing (2.14) Applicable to Type II and III facilities where the facility X program indicates special medical care housing is needed. Housing is located within the security area, accessible to both male and female inmates, but not in the living X area of either. Provides lockable storage area for medical X instruments 2-99: Negative pressure isolation rooms are designed X to the community standard. Hare Care Space (2.15) X Space and equipment are available. 2-99: Requirement deleted. Commissary (2.16) (NA Type I) X Inmates can purchase specified items. There is secure storage for commissary stock. 01: Revisions limit requirement for secure storage to X circumstances when commissary supplies are kept within the security perimeter. 3160 Merced County Jail II PHY 23-24 - 4 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Dining Facilities (2.17) (NA Type I) X There are 15 square feet and sufficient tables and seating for each inmate being fed. Dining space does not include toilets, wash basins or showers, without an appropriate visual barrier. X 2-99: Visual barrier requirement deleted for wash basins Visiting Space (2.18) X There is sufficient visiting area. Safety Equipment Storage (2.19) X Adequate space is provided to store equipment such as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) A securely lockable janitor’s closet provides sufficient X storage for cleaning implements and supplies and is located within the security area (Type II only). A mop sink is available within the security area (Type II). It may be outside the security area in CH, TH and X Types I, III & IV. Storage Room (2.21) One or more storage rooms are required to accommodate a minimum of 80 cubic feet of storage per inmate for inmate clothing and personal property, X institutional clothing, bedding and supplies. (Type I facilities may be excluded from storage space requirement for personal and institutional clothing unless clothing is issued.) Audio or Visual Monitoring (2.22) (Prior to 2005 this was N/A for Type III and IV housing only minimum security inmates. In 2005 applicability was extended to all CH, TH, Type I, II, III and IV facilities regardless of security level.) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is used, it is located primarily in corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option and references to X electronic surveillance located primarily in corridors, elevators or points in security perimeter were deleted. 08: Audio monitoring system shall be located 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, capable of alerting personnel who can respond immediately. Central control requirement deleted. 3160 Merced County Jail II PHY 23-24 - 5 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Laundry Facilities (2.23) X Type IV facilities make provision for washing and drying personal laundry. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and X maintaining fire and life safety, security, communication and alarm systems. Confidential Interview Rooms (2.25) There is at least one suitably furnished confidential interview room in every Type II facility designed for 25 X or more inmates. 2-99: Applicable to every facility which provides on- site health care Located in the security area, accessible by both male X and female inmates Provides at least 70 square feet floor area with no X single dimension less than 6 feet Attorney Interview Space (2.26) (NA Type IV) X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; one is provided in every single and double occupancy cell and at the following ratio elsewhere: 1:10 in dormitories (changed from 1:8 in 2001); 1:8 in detoxification/sobering cells; X 1:16 in holding cells; 1:20 in exercise areas; and, Accessible to dayroom occupants no specified ratio. 2-99: Accessible at no specified ratio in exercise areas. Privacy requirement deleted. See regulation for calculations of urinal substitutions. Wash basins (3.2) Provide hot and cold or tempered water; one is provided in every single and double occupancy cell and at the following ratio elsewhere: 1:10 in dormitories (changed from 1:8 in 2001); 1:8 in detoxification/sobering cells; X 1:20 in exercise areas; and, Accessible to dayrooms at no specified ratio. 2-99: Accessible in exercise areas at no specified ratio See regulation for calculations of wash basin trough substitutions. 3160 Merced County Jail II PHY 23-24 - 6 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Drinking Fountains (3.3) One is provided in every single and double occupancy cell and in dormitories. Accessible to inmates in dayrooms X 2-99: One is provided in every single and double occupancy cell, holding and staging cells and detoxification cells. It must be accessible to inmates in dayrooms and exercise areas. The water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler). There is a mouth guard on X the water outlet. 2-99: Mouth guard requirement deleted Showers (3.4) Available at a ratio of 1:20; provide hot and cold or tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water X and soap so that they may be easily cleaned. 2-99: Ratio changed from 1:16; specified that shower areas must provide modesty for inmates, with staff ability to supervise. Beds/Bunks (3.5) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type X or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Must have a solid bottom. Lighting (3.6) Lighting in housing units, dayrooms and activity areas is sufficient to permit easy reading by a person with normal vision, and is not less than 20 foot-candles at desk level and in the grooming area. Night lighting is X sufficient for purposes of supervision. Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design in areas higher than minimum security. Windows (3.7) In housing areas higher than minimum security, X windows that are accessible to inmates are no greater than 5 inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and X everything on them are padded. All padded cells are equipped with a tamper resistant fire sprinkler approved by the SFM. 3160 Merced County Jail II PHY 23-24 - 7 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or X laminated construction; firmly bonded to all surfaces; and, without exposed seams. Mirrors/Shelves/Clothes Hooks (3.9) X A mirror of a material appropriate to the level of security is provided near each wash basin. Consistent with security needs, shelves and clothes hooks are provided wherever feasible. X 2-99: Requirement for shelves and hooks deleted Clothes hooks are of a collapsible hook type X 2-99: Requirement for hooks deleted Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are X provided per inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Table/Seat (3.11) (NA Type I) X A table and seat is provided in single and double occupancy cells. Weapons Locker (3.12) (NA type IV and Minimum Security Facilities) A secure weapons locker is located outside the X security perimeter of the facility. Lockers have individual compartments, locks and keys. 08: “No weapons are brought into the security area” deleted from the regulation. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific X requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 3160 Merced County Jail II PHY 23-24 - 8 - A383 PHY Type 94 99 01 05 08.dot (11/09) TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3160 FACILITY NAME: Merced County Jail FACILITY TYPE: II PERSON(S) INTERVIEWED: John Hendon and COII Lacey Graham FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/05/2023 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 MCSICP 306 Training (a) In addition to the provisions of California Penal Merced County Sheriff’s Office is compliant Code Section 831.5, all custodial personnel of a Type with this regulation per STC. ☒ ☐ ☐ I, II, III, or IV facility shall successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully MCSICP 306 Training completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete ☒ ☐ ☐ the “Corrections Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING MCSOCP 303 Training for Managers and Supervisors Prior to assuming supervisory duties, jail supervisors ☒ ☐ ☐ shall complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III MCSOCP 303 Training for Managers and or IV jail shall also be required to complete either the Supervisors STC Supervisory Course (as described in Section 181, ☒ ☐ ☐ Title 15, CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING MCSOCP 303 Training for Managers and Supervisors Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management ☒ ☐ ☐ course (as described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1025 CONTINUING PROFESSIONAL TRAINING MCSOCP 302 Continuing Professional Education With the exception of any year that a core training MCSOCP 314 Training Plan module is successfully completed, all facility/system ☒ ☐ ☐ administrators, managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 3160 Merced County Jail II PRO 23-24 Page 1 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL MCSOCP 202 Supervision of Inmates – Minimum Requirements A sufficient number of personnel shall be employed in MCSOCP 224 Staffing Plan each local detention facility to ensure the implementation and operation of the programs and A review of a staffing plan was done as part activities required by these regulations. of this inspection process. During the previous inspection, the agency was noncompliant due to a lack of sufficient positions and the ability for staff to complete work orders for safety issues in a timely ☐ ☒ ☐ matter. As a result, additional FTEs were allocated. Despite needing at least 90 shifts of overtime, recruiting efforts have not been able to fill those positions. Reasons cited for the inability to fill positions, Merced County Sheriff’s Office Administrators cite other local agencies competing for personnel that can offer greater pay options and signing bonuses. Thus, the agency continues with its noncompliance with this regulation. Whenever there is a person in custody, there shall be MCSOCP 202 Supervision of Inmates – at least one employee on duty at all times in a local Minimum Requirements detention facility or in the building which houses a local ☒ ☐ ☐ detention facility who shall be immediately available and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties MCSOCP 202 Supervision of Inmates – which would conflict with the supervision and care of ☒ ☐ ☐ Minimum Requirements incarcerated people in the event of an emergency. Whenever one or more females are in custody, there MCSOCP 202 Supervision of Inmates – shall be at least one female employee who shall be Minimum Requirements ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel MCSOCP 202 Supervision of Inmates – for a specific facility, the facility administrator shall Minimum Requirements prepare and retain a staffing plan indicating the MCSOCP 224 Staffing Plan personnel assigned in the facility and their duties. Such a staffing plan shall be reviewed by the Board staff at ☒ ☐ ☐ the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS MCSOCP 504 Inmate Safety Checks The facility administrator shall develop and implement ☒ ☐ ☐ policy and procedures for conducting safety checks that include, but are not limited to, the following: (a) Safety checks will determine the safety and well- MCSOCP 504 Inmate Safety Checks being of individuals and shall be conducted at least ☒ ☐ ☐ hourly through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse MCSOCP 504 Inmate Safety Checks ☒ ☐ ☐ between safety checks. (c) Safety checks for people in sobering cells, safety MCSOCP 504 Inmate Safety Checks cells, and restraints shall occur more frequently as ☒ ☐ ☐ outlined in section 1055, section 1056, and section 1058 of these regulations. 3160 Merced County Jail II PRO 23-24 Page 2 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Safety checks shall occur at random or varied MCSOCP 504 Inmate Safety Checks ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the MCSOCP 504 Inmate Safety Checks documentation of all safety checks. ☒ ☐ ☐ Documentation shall include: (1) the actual time at which each individual safety MCSOCP 504 Inmate Safety Checks ☒ ☐ ☐ check occurred; (2) the location where each individual safety check MCSOCP 504 Inmate Safety Checks occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of MCSOCP 504 Inmate Safety Checks ☒ ☐ ☐ staff who completed the safety check(s). (f) A documented process by which safety checks are Three months of safety check reviewed at regular defined intervals by a supervisor or documentation was requested for this facility manager, including methods of mitigating inspection. An automated electronic patterns of inconsistent documentation, or untimely security check verification system is completion of, safety checks. utilized. Staff can use the device for different activities. The logs reviewed show ☒ ☐ ☐ that deviations are noted along with reasons for a late check. The logs show the date, time, location, and the name of the person conducting the safety check. A review of the checks verified that they were random and performed within a 60-minute lapse between checks. 1028 FIRE AND LIFE SAFETY STAFF MCSOCP 402 Fire Safety Whenever there is a person in custody, there shall be Staff is trained within the first six months of ☒ ☐ ☐ at least one person on duty at all times who meets the assignment. training standards established by the Board for general fire and life safety. (Penal Code section 6030). The facility manager shall ensure that there is at least MCSOCP 402 Fire Safety one person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 3 Merced County Sheriff’s Office Corrections Policy (MCSOCP) Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The Updated/Reviewed: 01/24/23. policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be Merced County Sheriff’s Policy Manual comprehensively reviewed and updated at least every (MCSPM) ☒ ☐ ☐ two years. Such a manual shall be made available to all employees. Updated/Reviewed: 12/05/22. The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and MCSOCP 100 Organizational Structure and III facilities shall provide for, but not be limited to, the Responsibility following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the MCSOCP 102 Annual Review and facility administrator/manager. Performance-Based Goals and Objectives ☒ ☐ ☐ MCSOCP 215 Administrative and Supervisory Inspections 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3160 Merced County Jail II PRO 23-24 Page 3 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Policy on the use of force that meets current MCSOCP 511 Use of Force state and federal legal requirements and includes ☒ ☐ ☐ prohibition of the use of carotid restraint and choke holds. (4) Policy on the use of restraint equipment, MCSOCP 509 Conducted Energy Device including the restraint of pregnant persons as ☒ ☐ ☐ MCSOCP 512 Use of Restraints referenced in Penal Code Section 3407. MCSOCP 513 Electronic Restraints (5) Procedure and criteria for screening newly MCSOCP 502 Inmate Reception ☒ ☐ ☐ received persons for release. (6) Security and control including: ☒ ☐ ☐ physical counts, MCSOCP 501 Inmate Counts ☒ ☐ ☐ MCSOCP 506 Civil Detainees searches of the facility and incarcerated persons, MCSOCP 514 Searches ☒ ☐ ☐ MCSOCP 216 Perimeter and Facility Security contraband control, and, ☒ ☐ ☐ MCSOCP 514 Searches key control. MCSOCP 211 Key and Electronic Access ☒ ☐ ☐ Device Control Each facility administrator shall, at least annually, MCSOCP 215 Administrative and review, evaluate, and make a record of security Supervisory Inspections 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: MCSOCP 402 Fire Safety MCSOCP 400 Facility Emergencies ☒ ☐ ☐ (A) fire suppression preplan as required by section 1032 of these regulations; (B) escape, disturbances, and the taking of MCSOCP 400 Facility Emergencies ☒ ☐ ☐ hostages; (C) mass arrests; ☒ ☐ ☐ MCSOCP 400 Facility Emergencies (D) natural disasters; ☒ ☐ ☐ MCSOCP 400 Facility Emergencies (E) periodic testing of emergency equipment; MCSOCP 402 Fire Safety ☒ ☐ ☐ and, (F) storage, issue, and use of weapons, MCSOCP 507 Management of Weapons ammunition, chemical agents, and related ☒ ☐ ☐ and Control Devices security devices. (8) Suicide Prevention. MCSOCP 711 Mental Health Services ☒ ☐ ☐ MCSOCP 720 Suicide Prevention and Intervention (9) Separation of incarcerated persons. MCSOCP 505 Special Management ☒ ☐ ☐ Inmates MCSOCP 508 Inmate Classification (10) Zero tolerance in the prevention of sexual MCSOCP 606 Prison Rape Elimination Act ☒ ☐ ☐ abuse and sexual harassment. (11) Policy and procedure to detect, prevent, and MCSOCP 111 Anti-Retaliation respond to retaliation against any staff or person ☒ ☐ ☐ after reporting any abuse. (12) Release policy, including release planning for MCSOCP 521 End of Term Release incarcerated persons. ☒ ☐ ☐ MCSOCP 522 Over-Detention and Inadvertent Releases 3160 Merced County Jail II PRO 23-24 Page 4 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, MCSOCP 606 Prison Rape Elimination Act Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for incarcerated people to privately report sexual abuse and sexual ☒ ☐ ☐ harassment, retaliation by other incarcerated 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, MCSOCP 606 Prison Rape Elimination Act family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ harassment. The method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM MCSOCP 711 Mental Health Services MCSOCP 720 Suicide Prevention and The facility shall have a comprehensive written suicide Intervention prevention program developed by the facility MCSOCP 721 Inmate Death – Clinical Care administrator, in conjunction with the health authority Review ☒ ☐ ☐ and mental health director, to identify, monitor, and provide treatment to those inmates who present a Reports are written for each attempted suicide risk. The program shall include the following: suicide. Merced County Sheriff’s Office also performs an administrative review of attempted suicides. (a) Suicide prevention training for all staff that have MCSOCP 720 Suicide Prevention and ☒ ☐ ☐ direct contact with inmates. Intervention (b) Intake screening for suicide risk immediately upon MCSOCP 710 Medical Screening ☒ ☐ ☐ intake and prior to housing assignment. (c) Provisions facilitating communication among MCSOCP 729 Inmate Health Care arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ Communication mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of MCSOCP 729 Inmate Health Care suicide. Communication ☒ ☐ ☐ MCSOCP 505 Special Management Inmates (e) Supervision depending on level of suicide risk. MCSOCP 505 Special Management ☒ ☐ ☐ Inmates (f) Suicide attempt and suicide intervention policies and MCSOCP 711 Mental Health Services procedures. ☒ ☐ ☐ MCSOCP 720 Suicide Prevention and Intervention (g) Provisions for reporting suicides and suicides MCSOCP 516 Reporting In-Custody ☒ ☐ ☐ attempts. Deaths (h) Multi-disciplinary administrative review of suicides MCSOCP 721 Inmate Death – Clinical Care and attempted suicides as defined by the facility ☒ ☐ ☐ Review administrator. 1032 FIRE SUPPRESSION PREPLANNING MCSOCP 402 Fire Safety MCSOCP 404 Evacuation Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local MCSOCP 402 Fire Safety fire department to be included as part of the policy and ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); 3160 Merced County Jail II PRO 23-24 Page 5 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) monthly fire prevention inspections by facility staff A review was conducted of monthly facility with two-year retention of the inspection record; ☒ ☐ ☐ fire prevention inspections conducted by facility staff. Records reviewed identified inspections dating back to May 2021. (c) fire prevention inspections as required by Health and MCSOCP 402 Fire Safety Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ MCSOCP 404 Evacuation (e) a plan for the emergency housing of incarcerated MCSOCP 404 Evacuation ☒ ☐ ☐ people in the case of fire. 1040 POPULATION ACCOUNTING MCSOCP 500 Population Management Each facility administrator shall maintain a ☒ ☐ ☐ demographics accounting system which reflects the monthly average daily population of sentenced and non-sentenced people by gender and juvenile status. Facility administrators shall provide the Board with MCSOCP 500 Population Management applicable demographic information as described in the ☒ ☐ ☐ Jail Profile Survey. 1041 RECORDS MCSOCP 209 Inmate Records (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the maintenance of individual records for each incarcerated person which shall include, but not be ☒ ☐ ☐ limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non- medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, MCSOCP 606 Prison Rape Elimination Act uniform data for every allegation of sexual abuse at (PREA) facilities under its direct control and from other facilities with which it contracts for the confinement of its ☒ ☐ ☐ incarcerated people. The data collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1). (federal survey on sexual violence) 1044 INCIDENT REPORTS MCSOCP 210 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. Such records shall include the names of the persons MCSOCP 210 Report Preparation involved, a description of the incident, the actions ☒ ☐ ☐ taken, and the date and time of the occurrence. 3160 Merced County Jail II PRO 23-24 Page 6 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such a written record shall be prepared by the staff Reports from October, November, and assigned to investigate the incident and submitted to December 2022, as well as January 2023, the facility manager or designee. were requested for this inspection. The incident report form contains the details such as the date/time of the incident, location, and a brief description of what ☒ ☐ ☐ occurred as well as those involved (inmate/s and staff). The reports also contain a date/time stamp of activity that has taken place surrounding the incident. Accompanying each report was a longer narrative of each incident. 1045 PUBLIC INFORMATION PLAN MCSOCP 218 News Media Relations MCSOCP 219 Community Relations and Each facility administrator of a Type I, II, III or IV facility Public Information shall develop written policies and procedures for the ☒ ☐ ☐ dissemination of information to the public, to other government agencies, and to the news media. The public and incarcerated persons shall have available for review the following material: (a) The Board of State and Community Corrections Minimum Standards for Local Detention Facilities as ☒ ☐ ☐ found in Title 15 of the California Code of Regulations. (b) Facility rules and procedures affecting incarcerated ☒ ☐ ☐ people as specified in sections: (1) 1045, Public Information Plan MCSOCP 219 Community Relations and ☒ ☐ ☐ Public Information (2) 1061, Education Plan ☒ ☐ ☐ (3) 1062, Visiting ☒ ☐ ☐ MCSOCP 1010 Visitation (4) 1063, Correspondence ☒ ☐ ☐ MCSOCP 1008 Mail (5) 1064, Library Service ☒ ☐ ☐ MCSOCP 1007 Library Services (6) 1065, Out of Cell Time MCSOCP 1004 Inmate Exercise and ☒ ☐ ☐ Recreation (7) 1066, Books, Newspapers, Periodicals and MCSOCP 1008 Mail ☒ ☐ ☐ Writings (8) 1067, Access to Telephone ☒ ☐ ☐ MCSOCP 1009 Telephone Access (9) 1068, Access to Courts and Counsel MCSOCP 603 Inmate Access to Courts and ☒ ☐ ☐ Counsel (10) 1069, Orientation MCSOCP 503 Inmate Handbook and ☒ ☐ ☐ Orientation (11) 1070, Individual/Family Service Programs MCSOCP 1000 Inmate Programs and Services, Vocational and Rehabilitation ☒ ☐ ☐ Programs MCSOCP 1005 Inmate Educational (12) 1071, Voting ☒ ☐ ☐ MCSOCP 610 Inmate Voting (13) 1072, Religious Observance ☒ ☐ ☐ MCSOCP 1015 Religious Programs (14) 1073, Grievance Procedure ☒ ☐ ☐ MCSOCP 609 Grievances (15) 1080, Rules and Disciplinary Actions ☒ ☐ ☐ MCSOCP 600 Inmate Discipline (16) 1081, Plan for Discipline of Incarcerated MCSOCP 600 Inmate Discipline ☒ ☐ ☐ Persons (17) 1082, Forms of Discipline ☒ ☐ ☐ MCSOCP 600 Inmate Discipline (18) 1083, Limitations on Discipline ☒ ☐ ☐ MCSOCP 600 Inmate Discipline (19) 1200, Responsibility for Health Care Services MCSOCP 700 Health Care Administrative ☒ ☐ ☐ Meetings and Reports MCSOCP 701 Access to Health Care 3160 Merced County Jail II PRO 23-24 Page 7 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY MCSOCP Reporting In-Custody Deaths MCSOCP 721 Inmate Death – Clinical Care (a) Death in Custody Reviews for Adults and Minors. Review The facility administrator, in cooperation with the health MCSOCP 726 Continuous Quality administrator, shall develop written policy and Improvement procedures to ensure that there is an initial review of ☒ ☐ ☐ every in-custody death within 30 days. The review team at a minimum shall include 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 MCSOCP Reporting In-Custody Deaths appropriateness of clinical care; whether changes to MCSOCP 721 Inmate Death – Clinical Care policies, procedures, or practices are warranted; and to ☒ ☐ ☐ Review identify issues that require further study. MCSOCP 726 Continuous Quality Improvement (b) Death of a Minor Minors are not held at this facility. In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section ☐ ☐ ☒ 12525. A copy of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this ☐ ☐ ☒ subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN MCSOCP 505 Special Management Inmates (a) Each administrator of a temporary holding, Type I, MCSOCP 506 Civil Detainees II, or III facility shall develop and implement a written MCSOCP 508 Inmate Classification classification plan designed to properly assign incarcerated persons to housing units and activities according to the categories of gender identity, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non- assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide ☒ ☐ ☐ for the safety of the incarcerated people 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 person's classification level, housing restrictions, and housing assignments. 3160 Merced County Jail II PRO 23-24 Page 8 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each administrator of a Type II or III facility shall MCSOCP 508 Inmate Classification establish and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign incarcerated persons to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available ☒ ☐ ☐ about and from the incarcerated person and shall provide for a channel of appeal by the incarcerated person to the facility administrator or designee. Each person may request a review of their classification plan no more often than 30 days from their last review. Subsection b does not apply and has been deleted. (c) In deciding housing and programming assignments, For classification purposes, each inmate is the agency shall consider on a case-by-case basis interviewed by a classification deputy, and whether a placement would ensure the health and options for housing are discussed. An safety of the incarcerated person, and whether the objective classification tool is used to assist placement would present management or security in determining proper housing assignments. problems. A person’s own views with respect to their Upon determination of housing, the inmate own safety shall be given serious consideration. ☒ ☐ ☐ signs the classification form understanding the requirements of that specific housing area. All inmates are received at the Main Jail. Three months of classification documentation was reviewed as part of this inspection. Documentation was clear and overrides were rarely used. 1051 COMMUNICABLE DISEASES MCSOCP 713 Special Needs Medical Treatment The facility administrator, in cooperation with the MCSOCP 714 Communicable Diseases responsible physician, shall develop written policies ☒ ☐ ☐ and procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be MCSOCP 710 Medical Screening made of the person being booked as to whether the person 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 medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION MCSOCP 711 Mental Health Services MCSOCP 712 Mental Health Screening The facility administrator, in cooperation with the and Evaluation responsible physician, shall develop written policies ☒ ☐ ☐ MCSOCP 505 Special Management and procedures to identify and evaluate all incarcerated Incarcerated Persons people who may be in behavioral crisis. Evaluation of behavioral crisis may include telehealth. If an evaluation from medical or mental health staff is MCSOCP 712 Mental Health Screening not readily available, an incarcerated person shall be and Evaluation considered in behavioral crisis for the purpose of this ☒ ☐ ☐ section if they appear to be a danger to themselves or others or appear gravely disabled. An evaluation from medical or mental health staff shall MCSOCP 711 Mental Health Services be secured within 24 hours of identification or at the ☒ ☐ ☐ next daily sick call, whichever is earliest. Separation may be used if necessary, to protect the MCSOCP 505 Special Management ☒ ☐ ☐ safety of the person in crisis or others. Incarcerated Persons 3160 Merced County Jail II PRO 23-24 Page 9 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEPARATION MCSOCP 505 Special Management Incarcerated Persons Except for Type IV facilities, facility administrators shall MCSOCP 508 Inmate Classification develop and implement policies and procedures for the MCSOCP 600 Inmate Discipline administrative separation of incarcerated people. Policies and procedures must include: Three months of classification documents for placement in Administrative Separation were requested for this inspection. In a ☒ ☐ ☐ review of documents, each time a person is placed in Administrative Separation a member (or members) of the Classification team speaks to the person and provides data as to why they are being placed in an Administrative Separation living environment. Once the inmate is interviewed, they can sign the classification documentation. (a) Administrative separation may consist of separate MCSOCP 505 Special Management housing but shall not involve any other deprivation of Incarcerated Persons privileges than is necessary to obtain the objective of ☒ ☐ ☐ MCSOCP 508 Inmate Classification protecting the welfare of incarcerated people and facility staff. (b) Administrative separation must not adversely affect MCSOCP 508 Inmate Classification ☒ ☐ ☐ an incarcerated person’s health. (c) Administrative separation may be used for MCSOCP 505 Special Management incarcerated people who have: Incarcerated Persons (1)A documented history of activity or behavior, or MCSOCP 508 Inmate Classification promoting such activity or behavior, that is MCSOCP 600 Inmate Discipline criminal in nature, disruptive to facility operations, or affects the safety of the facility, other incarcerated people, and facility staff. (2)Influenced or participated in activity that is criminal in nature, disruptive to facility operations ☒ ☐ ☐ or affects the safety of the facility, other incarcerated people, and facility staff. (3)Committed assault, attempted assault, or participated in a conspiracy to assault or harm other incarcerated persons or facility staff. (4)A history of escape or have recently attempted escape. (5) A demonstrated need for protection from other incarcerated people. (d) Documentation indicating the necessity of MCSOCP 505 Special Management administrative separation to obtain the objective of Incarcerated Persons ☒ ☐ ☐ protecting the welfare of incarcerated people and MCSOCP 508 Inmate Classification facility staff. (e) A documented individualized ongoing review and MCSOCP 505 Special Management evaluation of the need to continue placement in Incarcerated Persons ☒ ☐ ☐ administrative separation. MCSOCP 508 Inmate Classification MCSOCP 600 Inmate Discipline 1055 USE OF SAFETY CELL MCSOCP 519 Safety and Sobering Cells 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. 3160 Merced County Jail II PRO 23-24 Page 10 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility administrator, in cooperation with the MCSOCP 519 Safety and Sobering Cells 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 MCSOCP 519 Safety and Sobering Cells ☒ ☐ ☐ punishment or as a substitute for treatment. (b) A person shall be placed in a safety cell only with MCSOCP 519 Safety and Sobering Cells 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 MCSOCP 519 Safety and Sobering Cells 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 MCSOCP 519 Safety and Sobering Cells health care staff shall obtain a mental health opinion/consultation with responsible health care staff ☒ ☐ ☐ on placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least MCSOCP 519 Safety and Sobering Cells twice every 30 minutes, with no more than a 15-minute lapse between safety checks. Such observation shall For this inspection, reviewed documents be documented. were from October, November, and December 2022 plus January 2023. The form for the safety cell is a multi-use form and is the same form used for those placed in the sobering cell or in restraints. Observation checks for each are noted at ☒ ☐ ☐ the top of the form. Prior to the change of requiring no more than 15-minute checks, Merced County Sheriff’s Office had, as their policy, required observation checks every 15 minutes. All documents are reviewed by supervisors. Hydration and food documentation were sufficient, as well as medical and mental health checks. Each safety cell log identifies the associated written report. (f) Procedures shall be established to assure MCSOCP 519 Safety and Sobering Cells ☒ ☐ ☐ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to MCSOCP 519 Safety and Sobering Cells 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. 3160 Merced County Jail II PRO 23-24 Page 11 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL MCSOCP 519 Safety and Sobering Cells The sobering cell described in Title 24, Part 2, Section For this inspection, sobering cell documents 1231.2.4, shall be used for temporary holding of were requested from October, November, incarcerated people who are a threat to their own safety and December 2022 plus January 2023. or the safety of others due to their state of intoxication. The determination of placements in the sobering cell, at reception, are done by a medical staff member. The sobering cell log documents were reviewed by Sergeants. ☒ ☐ ☐ Upon completion of the log, the logs are reviewed by the Compliance Unit, with documentation identifying noncompliance with the agency policy. Once their review is completed, information is provided to the Sheriff’s Administration for review. My review verified that observation checks are conducted in accordance with this regulation. A person shall be removed from the sobering cell as MCSOCP 519 Safety and Sobering Cells 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 MCSOCP 519 Safety and Sobering Cells 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 MCSOCP 519 Safety and Sobering Cells must receive an evaluation by responsible health care ☒ ☐ ☐ staff. Intermittent direct visual observation of people held in MCSOCP 519 Safety and Sobering Cells the sobering cell shall be conducted no less than every ☒ ☐ ☐ half hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES MCSOCP 602 Incarcerated Persons with Disabilities The facility administrator, in cooperation with the MCSOCP 713 Special Needs Medical responsible physician, shall develop written policies Treatment ☒ ☐ ☐ and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the MCSOCP 602 Incarcerated Persons with regional center for any incarcerated person suspected Disabilities or confirmed to have a developmental disability for the ☒ ☐ ☐ MCSOCP 713 Special Needs Medical purposes of diagnosis or treatment within 24 hours of Treatment such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES MCSOCP 512 Use of Restraints MCSOCP 513 Electronic Restraints The facility administrator, in cooperation with the responsible physician, shall develop and implement written policies and procedures for the use of restraint devices. Restraint devices include any devices which immobilize extremities or prevent the incarcerated ☒ ☐ ☐ person from being ambulatory. The provisions of this section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. 3160 Merced County Jail II PRO 23-24 Page 12 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) The policy shall address the following areas: ☒ ☐ ☐ (1) acceptable restraint devices; MCSOCP 512 Use of Restraints ☒ ☐ ☐ A restraint chair is available for use at this facility. (2) signs or symptoms which should result in MCSOCP 512 Use of Restraints immediate medical/mental health referral; ☒ ☐ ☐ availability of cardiopulmonary resuscitation equipment; (3) protective housing of restrained persons; ☒ ☐ ☐ MCSOCP 512 Use of Restraints (4) provision for hydration and sanitation needs; MCSOCP 512 Use of Restraints ☒ ☐ ☐ and, (5) exercising of extremities. ☒ ☐ ☐ MCSOCP 512 Use of Restraints (b) Policy shall also include, but not be limited to, the MCSOCP 512 Use of Restraints ☒ ☐ ☐ following requirements: (1) In no case shall restraints be used for MCSOCP 512 Use of Restraints ☒ ☐ ☐ punishment or as a substitute for treatment. (2) Restraint devices shall only be used on MCSOCP 512 Use of Restraints 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 MCSOCP 512 Use of Restraints less restrictive alternatives, including verbal de- ☒ ☐ ☐ escalation techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in MCSOCP 512 Use of Restraints 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 MCSOCP 512 Use of Restraints maintained until a medical opinion can be ☒ ☐ ☐ obtained. (6) A medical opinion on placement and retention MCSOCP 512 Use of Restraints shall be secured within one hour from the time of ☒ ☐ ☐ placement. (7) A medical assessment shall be completed MCSOCP 512 Use of Restraints ☒ ☐ ☐ within four hours of placement. (8) Continuous direct visual observation shall be MCSOCP 512 Use of Restraints 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 There has not been use of the restraint chair incarcerated person. Such observation shall be ☒ ☐ ☐ at the time of this inspection. The agency documented. While in restraint devices all can reduce the use of the restraint chair by incarcerated persons shall be housed alone or in having mental and medical health staff de- a specified housing area which makes provisions escalate situations and use alternatives to to protect the person from abuse. restraints. (9) If the facility manager, or designee, in MCSOCP 512 Use of Restraints 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 MCSOCP 512 Use of Restraints use the restraint device manufacturer’s ☒ ☐ ☐ recommended maximum time limits for placement. 3160 Merced County Jail II PRO 23-24 Page 13 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (11) All events and information related to the MCSOCP 512 Use of Restraints 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 MCSOCP 512 Use of Restraints MCSOCP 705 Health Care for Pregnant The facility administrator, in cooperation with the Incarcerated Persons responsible physician, shall develop written policies ☒ ☐ ☐ and procedures for the use of restraint devices on Restraints are not used on pregnant pregnant people. In accordance with Penal Code persons. Section 3407, the policy shall include reference to the following: (1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the ☐ ☐ ☒ pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be ☐ ☐ ☒ restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (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. 1059 DNA COLLECTION, USE OF FORCE MCSOCP 520 Biological Samples (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including peace officers, may employ reasonable force ☒ ☐ ☐ to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of MCSOCP 520 Biological Samples reasonable force” shall be defined as the force that an objective, trained and competent correctional employee, faced with similar facts ☒ ☐ ☐ and circumstances, would consider necessary and reasonable to gain compliance with this regulation. 3160 Merced County Jail II PRO 23-24 Page 14 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) The use of reasonable force shall be preceded MCSOCP 520 Biological Samples by efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include an advisement of the ☒ ☐ ☐ legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written MCSOCP 520 Biological Samples authorization of the facility watch commander or designee on duty. The authorization shall include ☒ ☐ ☐ information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell MCSOCP 520 Biological Samples extraction, the extraction shall be videotaped, including audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency ☒ ☐ ☐ for the length of time required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 1061 EDUCATION PROGRAM MCSOCP 1000 Inmate Programs and Services The facility administrator of any Type II or III facility MCSOCP 1005 Inmate Educational, shall plan and shall request of appropriate public ☒ ☐ ☐ Vocational and Rehabilitation Programs officials an education program for incarcerated persons. General Education Development preparedness. When such services are not made available by the MCSOCP 1000 Inmate Programs and appropriate public officials, then the facility Services ☒ ☐ ☐ administrator shall develop and implement an education program with available resources. Such a plan shall provide for the voluntary academic or MCSOCP 1000 Inmate Programs and ☒ ☐ ☐ vocational, or both, education of housed people. Services Reasonable criteria for program eligibility shall be MCSOCP 1000 Inmate Programs and established. Modified academic or vocational Services opportunities may be provided based on sound security ☒ ☐ ☐ practices or a person’s failure to abide by facility rules and regulations. 1062 VISITING MCSOCP 1010 Visitation The facility administrator shall develop and implement ☒ ☐ ☐ written policies and procedures, which include the following requirements: (a) A visiting program which shall provide for: MCSOCP 1010 Visitation ☒ ☐ ☐ (1) As many in-person visits and visitors as facility MCSOCP 1010 Visitation schedules, space, and number of personnel will ☒ ☐ ☐ allow. (2) A publicly posted schedule of facility visiting MCSOCP 1010 Visitation hours. If practicable, visiting hours should be ☒ ☐ ☐ made available on weekends, evenings, or holidays. (3) For all incarcerated persons in Type II, III, and MCSOCP 1010 Visitation IV facilities there shall be allowed no fewer than ☒ ☐ ☐ two visits totaling at least one hour per incarcerated person each week. 3160 Merced County Jail II PRO 23-24 Page 15 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Visits may not be cancelled unless a legitimate MCSOCP 1010 Visitation operational or safety and security concern exists. All cancelled visits must be documented. The facility ☒ ☐ ☐ manager or designee shall regularly review cancelled visits and document such review. (c) The visiting policies developed pursuant to this MCSOCP 1010 Visitation section shall include provision for visitation by minor ☒ ☐ ☐ children of the incarcerated person. (d) Video visitation may be used to supplement existing visitation programs, but shall not be used to fulfill the ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an incarcerated person. (e) Facilities shall not charge for visitation when visitors are onsite and participating in either in-person or video visitation. For purposes of this subsection, “onsite” is ☐ ☐ ☒ defined as the location where the incarcerated person is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or (2) had been designed without in-person ☐ ☐ ☒ visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote ☐ ☐ ☒ video visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1(a)(4) (June 2017) Mode of visitation; Face to face with barrier. Visitation hours; Various, six-days per week. Time inmates are allowed for visitation; and, Two, 30-minute visitation periods. Any restrictions on inmate visitation. Medical and disciplinary. 1063 CORRESPONDENCE MCSOCP 1008 Mail ☒ ☐ ☐ The facility administrator shall develop written policies and procedures for correspondence which provide that: (a) there is no limitation on the volume of mail that an MCSOCP 1008 Mail ☒ ☐ ☐ incarcerated person may send or receive; (b) an incarcerated person’s correspondence may be MCSOCP 1008 Mail read when there is a valid security reason and the ☒ ☐ ☐ facility manager or designee approves; (c) jail staff shall not review an incarcerated person’s MCSOCP 1008 Mail correspondence to or from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; ☒ ☐ ☐ however, jail authorities may open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the incarcerated person; (d) incarcerated persons may correspond, MCSOCP 1008 Mail confidentially, with the facility manager or the facility ☒ ☐ ☐ administrator; and, (e) those incarcerated persons who are without funds MCSOCP 1008 Mail shall be permitted at least four postage paid envelopes and eight sheets of paper each week to permit correspondence with family members and friends but ☒ ☐ ☐ without limitation on the number of postage paid envelopes and sheets of paper to their attorney and to the courts. 3160 Merced County Jail II PRO 23-24 Page 16 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1064 LIBRARY SERVICES MCSOCP 1007 Library Services The facility administrator shall develop written policies and procedures for library service in all Type II, III, and IV facilities. The scope of such service shall be determined by the facility administrator. The library service shall include access to the following resources ☒ ☐ ☐ via paper documents or through electronic media and include current information on community services and resources, and religious, educational, legal reference material and recreational reading material. In Type IV facilities such a program can be either in-house or provided through access to the community. 1065 EXERCISE AND RECREATION MCSOCP 1004 Inmate Exercise and Recreation (a) The facility administrator of a Type II or III facility shall develop written policies and procedures for an Documentation records for October, exercise and recreation program, in an area designed November, and December 2022 along with ☒ ☐ ☐ for recreation, which will allow a minimum of three January 2023 were requested for this hours of exercise distributed over a period of seven inspection. Access to the exercise yard days. Such regulations as are reasonable and was clearly documented. necessary to protect the facility's security and the inmates' welfare shall be included in such a program. 1066 BOOKS, NEWSPAPERS, PERIODICALS, MCSOCP 1008 Mail AND WRITINGS (a) The facility administrator of a Type II or III facility shall develop written policies and procedures which will permit incarcerated persons to purchase, receive and read any book, newspaper, periodical, or writing ☒ ☐ ☐ accepted for distribution by the United States Postal Service. The facility administrator shall develop and implement a written plan to make available a current newspaper or other like source, including a non-English language alternative, to ensure reasonable access to interested people. Nothing herein shall be construed as limiting the right of a facility administrator to: (1) exclude any publications or writings based on MCSOCP 1008 Mail ☒ ☐ ☐ any legitimate penological interest; (2) exclude obscene publications or writings, and MCSOCP 1008 Mail mail containing information concerning where, how, or from whom such matter may be obtained; and any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence; any matter of a character tending ☒ ☐ ☐ to incite crimes against children; any matter concerning unlawful gambling or an unlawful lottery; the manufacture or use of weapons, narcotics, or explosives; or any other unlawful activity; (3) open and inspect any publications or packages MCSOCP 1008 Mail ☒ ☐ ☐ received by an incarcerated person; and (4) restrict the number of books, newspapers, MCSOCP 1008 Mail periodicals, or writings the incarcerated person ☒ ☐ ☐ may have in their cell or elsewhere in the facility at one time. 3160 Merced County Jail II PRO 23-24 Page 17 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE MCSOCP 1009 Inmate Telephone Access The facility administrator shall develop written policies 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 MCSOCP 603 Inmate Access to Courts and Counsel The facility administrator shall develop written policies ☒ ☐ ☐ and procedures to ensure incarcerated persons have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these MCSOCP 603 Inmate Access to Courts and ☒ ☐ ☐ regulations, and, Counsel (b) confidential consultation with attorneys. MCSOCP 603 Inmate Access to Courts and ☒ ☐ ☐ Counsel 1069 ORIENTATION MCSOCP 503 Inmate Handbook and Orientation (a) In Type II, III, and IV facilities, the facility administrator shall develop written policies and ☒ ☐ ☐ procedures for the implementation of a program for people newly admitted to the facility designed to orient them at the time of placement in a living area. Both written and verbal information shall be provided MCSOCP 503 Inmate Handbook and ☒ ☐ ☐ and may be supplemented with video orientation. Orientation Provision shall be made to provide accessible MCSOCP 503 Inmate Handbook and orientation information to each person, including those Orientation ☒ ☐ ☐ with disabilities, limited literacy, or those with limited English proficiency (LEP). Such a program shall be published and include, but not ☒ ☐ ☐ be limited to, the following: (1) correspondence, visiting, and telephone usage MCSOCP 1008 Mail ☒ ☐ ☐ rules; (2) rules and disciplinary procedures; ☒ ☐ ☐ MCSOCP 600 Inmate Discipline (3) grievance procedures; ☒ ☐ ☐ MCSOCP 609 Grievances (4) programs and activities available and method MCSOCP 1005 Inmate Educational, ☒ ☐ ☐ of application; Vocational and Rehabilitation Programs (5) medical and mental health services; MCSOCP 706 Health Authority MCSOCP 711 Mental Health Services ☒ ☐ ☐ MCSOCP 712 Mental Health Screening and Evaluation (6) classification/housing assignments; MCSOCP 505 Special Management ☒ ☐ ☐ Inmates MCSOCP 508 Inmate Classification (7) court appearance where scheduled, if known; MCSOCP 503 Inmate Handbook and ☒ ☐ ☐ Orientation (8) voting, including registration; ☒ ☐ ☐ MCSOCP 610 Inmate Voting 3160 Merced County Jail II PRO 23-24 Page 18 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (9) zero tolerance policy against sexual abuse and MCSOCP 606 Prison Rape Elimination Act ☒ ☐ ☐ sexual harassment; and, (10) availability of personal care items and MCSOCP 807 Incarcerated Person ☒ ☐ ☐ opportunities for personal hygiene. Hygiene 1070 INDIVIDUAL/FAMILY SERVICE MCSOCP 1000 Inmate Programs and PROGRAMS Services MCSOCP 1005 Inmate Educational, The facility administrator of a Type II, III, or IV facility Vocational and Rehabilitation Programs shall develop written policies and procedures which facilitate cooperation with appropriate public or private ☒ ☐ ☐ Correspondence NA/AA is offered. Legal agencies for individual or family social service assistance is provided by Lexus Nexus. programs for incarcerated persons. Such a program shall utilize the services and resources available in the community and may be in the form of a resource guide or actual service delivery. The range and source of such services shall be at the MCSOCP 1000 Inmate Programs and discretion of the facility administrator and may include: Services (a) risk and needs assessments; MCSOCP 1005 Inmate Educational, (b) best practices in: Vocational and Rehabilitation Programs (1) individual, group or family counseling; (2) drug and alcohol abuse counseling; Correspondence NA/AA is offered. Legal (3) cognitive behavioral interventions; assistance is provided by Lexus Nexus. (4) vocational testing and counseling; ☒ ☐ ☐ (5) employment counseling; Most programs are offered at the JLCC (6) discharge and reentry planning; facility and require transfer. (c) referral to community resources and programs; (d) reentry planning and service development; (e) legal assistance; (f) regional center services for the developmentally disabled; and, (g) community volunteers. 1071 VOTING MCSOCP 610 Inmate Voting The facility administrator of a Type I (holding sentenced incarcerated workers) II, III or IV facility shall develop ☒ ☐ ☐ written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES MCSOCP 1015 Religious Programs The facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures to provide ☒ ☐ ☐ opportunities for incarcerated persons to participate in religious services, practices, and counseling on a voluntary basis. 3160 Merced County Jail II PRO 23-24 Page 19 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1073 GRIEVANCE PROCEDURE MCSOCP 609 Grievances (a) Each administrator of a Type II, III, or IV facility and Upon requesting a grievance, inmates Type I facilities which hold incarcerated workers shall complete the form and submit it to a staff develop written policies and procedures whereby all member. The staff member attempts to incarcerated persons have the opportunity and ability address the issue if possible. If to submit and appeal grievances relating to any unsuccessful, the staff member signs the conditions of confinement, including but not limited to: form and provides the inmate with a copy of medical care; classification actions; disciplinary the grievance. Three months of grievances actions; program participation; telephone, mail, and were requested as part of this inspection. visiting procedures; and food, clothing, and bedding. Both the grievances and responses were Such policies and procedures shall include: provided. There are no automated ☒ ☐ ☐ responses to grievances and all grievances reviewed were responded to within a reasonable amount of time. Grievances varied from Classification, staff, inmate services, mail, medical, and several other areas. Each reviewed grievance response addressed the concern noted. Grievances submitted in the Spanish language contained a response in English and in Spanish so the inmate could read the response without requiring help from an interpreter. (1) a grievance form; ☒ ☐ ☐ MCSOCP 609 Grievances (2) instructions for registering and appealing a MCSOCP 609 Grievances ☒ ☐ ☐ grievance, including relevant deadlines; (3) a process for submission and handling of MCSOCP 609 Grievances ☒ ☐ ☐ anonymous grievances; (4) resolution of the grievance at the lowest MCSOCP 609 Grievances ☒ ☐ ☐ appropriate staff level; (5) appeal to the next level of review; ☒ ☐ ☐ MCSOCP 609 Grievances (6) written reasons for denial of grievance at each MCSOCP 609 Grievances ☒ ☐ ☐ level of review which acts on the grievance; (7) provision for a non-automated initial response MCSOCP 609 Grievances within a reasonable time limit which shall not ☒ ☐ ☐ exceed a period of 15 calendar days; (8) provision for resolving questions of jurisdiction MCSOCP 609 Grievances ☒ ☐ ☐ within the facility; (9) provision for providing a copy of the grievance, MCSOCP 609 Grievances appeal, response, and related documents to the ☒ ☐ ☐ incarcerated person; and, (10) The facility manager or designee shall MCSOCP 609 Grievances conduct regular review of grievances, responses, ☒ ☐ ☐ and appeals. (b) Grievance System Abuse: The facility may establish written policy and procedure ☒ ☐ to control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY ACTIONS MCSOCP 600 Inmate Discipline Wherever discipline is administered, each facility ☒ ☐ ☐ administrator shall establish written rules and disciplinary actions to guide the conduct of incarcerated persons. Such rules and disciplinary actions shall be stated MCSOCP 600 Inmate Discipline simply and affirmatively and posted conspicuously in ☒ ☐ ☐ housing units and the booking area or issued to each person upon booking. 3160 Merced County Jail II PRO 23-24 Page 20 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS For those individuals with limited literacy, who are MCSOCP 600 Inmate Discipline 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. 1081 PLAN FOR DISCIPLINE OF INCARCERATED MCSOCP 600 Inmate Discipline PERSONS Each facility administrator shall develop written policies ☒ ☐ ☐ and procedures for discipline of incarcerated persons. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline 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. ☒ ☐ ☐ MCSOCP 600 Inmate Discipline 2. Placement in disciplinary separation. ☒ ☐ ☐ MCSOCP 600 Inmate Discipline 3. Loss of privileges mandated by regulations. ☒ ☐ ☐ MCSOCP 600 Inmate Discipline A staff member with investigative and disciplinary MCSOCP 600 Inmate Discipline authority shall be designated as a disciplinary officer to ☒ ☐ ☐ impose such consequences. Staff shall not participate in disciplinary review if they MCSOCP 600 Inmate Discipline ☒ ☐ ☐ are involved in the charges. Such charges pending against an incarcerated person MCSOCP 600 Inmate Discipline shall be acted on with the following provisions and ☒ ☐ ☐ within specified timeframes: 1. A copy of the report, or a separate written notice MCSOCP 600 Inmate Discipline of the violation(s), shall be provided to the ☒ ☐ ☐ incarcerated person. 2. Unless declined by the incarcerated person, a MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline hours after an incarcerated person has been ☒ ☐ ☐ informed of the charge(s) in writing. 3160 Merced County Jail II PRO 23-24 Page 21 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 5. Subsequent to final disposition of disciplinary MCSOCP 600 Inmate Discipline charges by the disciplinary officer, the charges ☒ ☐ ☐ and the action taken shall be reviewed by the facility manager or designee. 6. The incarcerated person shall be advised in a MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline ☒ ☐ ☐ a supervisor on all disciplinary action. (c) Nothing in this section precludes a facility MCSOCP 600 Inmate Discipline administrator from administratively separating any incarcerated person from the general population or program for reasons of personal, mental, or physical ☒ ☐ ☐ health, or under any circumstance in which the safety of the person, 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 MCSOCP 600 Inmate Discipline conditions or restrictions that reasonably relate to a ☒ ☐ ☐ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE MCSOCP 600 Inmate Discipline The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. ☒ ☐ ☐ (b) Extra work detail. (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS MCSOCP 600 Inmate Discipline MCSOCP 711 Mental Health Services The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation. ☒ ☐ ☐ Additionally, there shall be the following limitations: (a) Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. 3160 Merced County Jail II PRO 23-24 Page 22 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) If a person is on disciplinary separation status MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline 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. (3) If after placement in separation, mental health MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline person or group of incarcerated people to exercise the right of punishment over any other incarcerated person ☒ ☐ ☐ or group of incarcerated people. (Penal Code section 4019.5) (c) In no case shall a safety cell, as specified in Title 24, MCSOCP 600 Inmate Discipline Part 2, 1231.2.5, or any restraint device be used for ☒ ☐ ☐ disciplinary purposes. (d) No incarcerated person may be deprived of the MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline ☒ ☐ ☐ measure. (f) Correspondence privileges shall not be withheld MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline ☒ ☐ ☐ be suspended as a disciplinary measure. 3160 Merced County Jail II PRO 23-24 Page 23 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS MCSOCP 600 Inmate Discipline Penal Code Section 4019.5 requires that a record is For this inspection, Inmate Discipline kept of all disciplinary actions administered therefore. documents were requested from October, This requirement may be satisfied by retaining copies November, and December 2022 plus of rule violation reports and report of the disposition of January 2023. Of the documents reviewed, each. most inmates requested that no hearing take place. However, on those that requested a hearing, I was not able to determine the evidence used in determining guilt or innocence. BSCC recommends that ☒ ☐ ☐ evidence always be written informing the person of how a determination was made. The form the inmate signs state that a hearing will be scheduled within seven days – this time frame is noncompliant with this regulation. When Merced County Sheriff's Office was advised of this, they immediately changed the form. Prior to the implementation of discipline, each incident is reviewed by a disciplinary officer and a Lieutenant. 1206.5 MANAGEMENT OF COMMUNICABLE MCSOCP 700 Health Care Administrative DISEASES IN A CUSTODY SETTING Meetings and Reports MCSOCP 713 Special Needs Medical (a) The responsible physician, in conjunction with the Treatment facility administrator and the county health officer, shall MCSOCP 714 Communicable Diseases develop a written plan to address the identification, treatment, control and follow-up management of tuberculosis and other communicable diseases. The ☒ ☐ ☐ plan shall cover the intake screening procedures, identification of relevant symptoms, referral for a medical evaluation, treatment responsibilities during incarceration and coordination with public health officials for follow-up treatment in the community. The plan shall reflect the current local incidence of communicable diseases which threaten the health of incarcerated people and staff. (b) Consistent with the above plan, the health MCSOCP 700 Health Care Administrative authority shall, in cooperation with the facility Meetings and Reports administrator and the county health officer, set forth in ☒ ☐ ☐ writing, policies and procedures in conformance with applicable state and federal law, which include, but are not limited to: (1) The types of communicable diseases to be MCSOCP 714 Communicable Diseases ☒ ☐ ☐ reported; (2) The persons who shall receive the medical MCSOCP 700 Health Care Administrative ☒ ☐ ☐ reports; Meetings and Reports (3) Sharing of medical information with MCSOCP 700 Health Care Administrative incarcerated persons and custody staff; Meetings and Reports ☒ ☐ ☐ MCSOCP 713 Special Needs Medical Treatment (4) Medical procedures required to identify the MCSOCP 700 Health Care Administrative presence of disease(s) and lessen the risk of Meetings and Reports ☒ ☐ ☐ exposure to others; MCSOCP 713 Special Needs Medical Treatment (5) Medical confidentiality requirements; MCSOCP 700 Health Care Administrative ☒ ☐ ☐ Meetings and Reports 3160 Merced County Jail II PRO 23-24 Page 24 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) Housing considerations based upon behavior, MCSOCP 700 Health Care Administrative medical needs, and safety of the affected ☒ ☐ ☐ Meetings and Reports incarcerated persons; (7) Provisions for consent by an incarcerated MCSOCP 700 Health Care Administrative person that address the limits of confidentiality; ☒ ☐ ☐ Meetings and Reports and, (8) Reporting and appropriate action upon the MCSOCP 700 Health Care Administrative possible exposure of custody staff to a ☒ ☐ ☐ Meetings and Reports communicable disease. 1211 SICK CALL MCSOCP 701 Access to Health Care MCSOCP 702 Non-Emergency Health The facility administrator, in cooperation with the health Care Requests and Services authority, shall develop written policies and MCSOCP 714 Communicable Diseases procedures, which provide daily sick call for all ☒ ☐ ☐ incarcerated persons or provision made that any Sick Call is never canceled due to low incarcerated person requesting medical/mental health staffing. The nursing staff is trained to attention be given such attention. handle mental health issues for after-hours care. 1240 FREQUENCY OF SERVING MCSOCP 900 Food Services In Temporary Holding, Type I, II, and III facilities, and The dinner and breakfast meals are served those Type IV facilities where food is served, food shall 12 hours apart. be served three times in any 24-hour period. At least one of these meals shall include hot food. ☒ ☐ ☐ Supplemental food must be served to incarcerated persons if more than 14 hours pass between evening and morning meals. Additionally, supplemental food must be served to people on medical diets in less than the time period outlined above, if prescribed by the responsible physician. A minimum of fifteen minutes shall be allowed for the MCSOCP 900 Food Services actual consumption of each meal except for those on ☒ ☐ ☐ medical diets where the responsible physician has prescribed additional time. Provisions shall be made for incarcerated persons who MCSOCP 900 Food Services may miss a regularly scheduled facility meal. They shall be provided with a substitute meal and beverage, and ☒ ☐ ☐ on medical diets shall be provided with their prescribed meal. 1260 STANDARD INSTITUTIONAL CLOTHING MCSOCP 807 Incarcerated Person Hygiene The standard issue of climatically suitable clothing to ☒ ☐ ☐ incarcerated people held after arraignment in all but Court Holding, Temporary Holding, and Type IV facilities shall include, but not be limited to: (a) Clean socks and footwear; MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (b) Clean outergarments; and, MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (c) Clean undergarments; MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (1) For males – shorts and undershirt, and MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (2) For females – bra and two pairs of panties. MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene 3160 Merced County Jail II PRO 23-24 Page 25 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The person’s personal undergarments and footwear MCSOCP 807 Incarcerated Person may be substituted for the institutional undergarments Hygiene and footwear specified in this regulation. This option ☒ ☐ ☐ notwithstanding, the facility has the primary responsibility to provide the personal undergarments and footwear. All issued and exchanged clothing shall be clean and MCSOCP 807 Incarcerated Person free of holes or tears, reasonably fitted, durable, easily Hygiene laundered and repaired. Undergarments shall be clean, free of holes or tears, and substantially free of stains. ☒ ☐ ☐ Individuals shall be able to select the garment type more compatible with their gender identity and gender expression. 1264 CONTROL OF VERMIN IN PERSONAL MCSOCP 805 Vermin and Pest Control CLOTHING There shall be written policies and procedures developed by the facility administrator to control ☒ ☐ ☐ contamination and/or spread of vermin in all incarcerated people’s personal clothing. Infested clothing shall be cleaned, disinfected, or stored in a closed container so as to eradicate or stop the spread of vermin. 1265 ISSUE OF PERSONAL CARE ITEMS MCSOCP 607 Grooming MCSOCP 807 Incarcerated Person There shall be written policies and procedures Hygiene developed by the facility administrator for the issue of personal hygiene items. Each menstruating person shall be provided with sanitary napkins, panty liners, ☒ ☐ ☐ and tampons as requested with no maximum allowance. Each person to be held over 24 hours who is unable to supply themself with the following personal care items, because of either indigency or the absence of a canteen, shall be issued: (a) Toothbrush, MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (b) Dentifrice, MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (c) Soap, MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (d) Comb, and MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (e) Shaving implements. MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene Personal care items shall be issued within the first 12 MCSOCP 807 Incarcerated Person hours of housing assignment. Incarcerated persons Hygiene ☒ ☐ ☐ shall not be required to share any personal care items listed in items “a” through “d.” Incarcerated people will not share disposable razors. MCSOCP 807 Incarcerated Person Double edged safety razors, electric razors, and other Hygiene shaving instruments capable of breaking the skin, when shared among incarcerated people, must be ☒ ☐ ☐ disinfected between individual uses by the method prescribed by the State Board of Barbering and Cosmetology in Sections 979 and 980, Division 9, Title 16, California Code of Regulations. 3160 Merced County Jail II PRO 23-24 Page 26 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1266 SHOWERING MCSOCP 607 Grooming MCSOCP 807 Incarcerated Person There shall be written policies and procedures Hygiene developed by the facility administrator for ☒ ☐ ☐ showering/bathing. Incarcerated persons shall be permitted to shower/bathe upon assignment to a housing unit and at least every other day or more often if possible. Absent exigent circumstances, no person shall be MCSOCP 807 Incarcerated Person prohibited from showering at least every other day Hygiene following assignment to a housing unit. If showering is ☒ ☐ ☐ prohibited, it must be approved by the facility manager or designee, and the reason(s) for prohibition shall be documented. 1267 HAIR CARE SERVICES MCSOCP 607 Grooming ☒ ☐ ☐ MCSOCP 807 Incarcerated Person (a) Hair care services shall be available. Hygiene (b) Except those who may not shave for reasons of MCSOCP 607 Grooming identification in court, incarcerated people shall be MCSOCP 807 Incarcerated Person allowed to shave daily and receive hair care services at Hygiene ☒ ☐ ☐ least once a month. The facility administrator may suspend this requirement in relation to people who are considered to be a danger to themselves or others. (c) Equipment shall be disinfected, after each use, by a MCSOCP 607 Grooming method approved by the State Board of Barbering and MCSOCP 807 Incarcerated Person Cosmetology to meet the requirements of Title 16, ☒ ☐ ☐ Hygiene Division 9, Sections 979 and 980, California Code of Regulations. 1270 STANDARD BEDDING AND LINEN ISSUE MCSOCP 807 Incarcerated Person Hygiene The standard issue of clean suitable bedding and ☒ ☐ ☐ linens, 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 MCSOCP 807 Incarcerated Person ☒ ☐ ☐ requirements of Section 1272 of these regulations; Hygiene (b) one mattress cover or one sheet; MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (c) one towel; and, MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (d) one blanket or more depending up on climatic MCSOCP 807 Incarcerated Person ☒ ☐ ☐ conditions. Hygiene Policy and procedure shall require that items (a), (b), MCSOCP 807 Incarcerated Person and (d) above be provided prior to the first night in the ☒ ☐ ☐ Hygiene facility. Two blankets or sleep bag may be issued in place of MCSOCP 807 Incarcerated Person one mattress cover or one sheet at the request of the ☒ ☐ ☐ Hygiene incarcerated person. 1280 FACILITY SANITATION, SAFETY, AND MCSOCP 800 Sanitation Inspections MAINTENANCE The facility administrator shall develop written policies and 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. 3160 Merced County Jail II PRO 23-24 Page 27 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot DETENTION OF MINORS YES NO N/A P/P/REFERENCE - COMMENTS Are minors held in this facility? Minors are not held at this facility. If yes, the following sections including those summarizing the regulations identified in Title 15, Article ☐ ☐ ☒ 8 of these regulations apply (Minors in Jails). Note: Reference PC § 207.1(b), 207.6, 707.1 42 USC 5633 SECTION 223(a)(12) SEPARATION Minors are not held at this facility. Juveniles are not confined or detained in any facility in which they have contact with adult prisoners. ☐ ☐ ☒ Reference: WIC 208 1101 RESTRICTIONS ON CONTACT WITH Minors are not held at this facility. INCARCERATED ADULTS The facility administrator shall establish policies and procedures to restrict sight and sound contact, as defined in Section 1006, between detained minors and adults confined in the facility. The policies and procedures should consider trauma-informed approaches in protecting minors from contact. ☐ ☐ ☒ In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of incarcerated people) shall maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. The above restrictions do not apply to minors who are participating in supervised program activities pursuant to Section 208 (c) of the Welfare and Institutions Code. 1102 CLASSIFICATION Minors are not held at this facility. The facility administrator shall develop and implement ☐ ☐ ☒ a written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include the following: (a) a procedure for receiving and transmitting information regarding minors who present a risk or hazard to self or others while confined at the facility, and the separation of ☐ ☐ ☒ such minors to the extent possible within the limits of the facility. (b) a procedure to provide care for any minor who appears to be in need of or who requests medical, mental health, or developmental disability treatment. Written ☐ ☐ ☒ procedures shall be established by the responsible health administrator in cooperation with the facility administrator. (c) a suicide prevention program designed to identify, monitor, and provide treatment to those minors who ☐ ☐ ☒ present a suicide risk. 3160 Merced County Jail II PRO 23-24 Page 28 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot (d) provide that minors be housed separately from adults and not be allowed to come or remain in contact with ☐ ☐ ☒ adults except as provided in Section 208(c) of the Welfare and Institutions Code. 1103 RELEASE PROCEDURES Minors are not held at this facility. Facility staff shall notify the parents or guardians prior to ☐ ☐ ☒ the release of a minor. The minor's personal clothing and valuables shall be returned to the minor, parents or guardian, upon the minor's release or consent. 1104 SUPERVISION OF MINORS Minors are not held at this facility. ☐ ☐ ☒ The facility administrator shall develop and implement policy and procedures that provide for: (a) continuous around-the-clock supervision of minors ☐ ☐ ☒ with assurance that staff can hear and respond; and, (b) safety checks of minors at least once every 30 minutes. These safety checks shall include the direct visual observation of movement and skin. Safety checks shall not be replaced, but may be supplemented by, an ☐ ☐ ☒ audio/visual electronic surveillance system designed to detect overt, aggressive, or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented. 1105 RECREATIONAL PROGRAMS Minors are not held at this facility. The facility administrator shall develop written policies and procedures to provide a recreation program that ☐ ☐ ☒ shall protect the welfare of minors and incarcerated adults, recognize facility security needs and comply with minimum jail standards for recreation (California Code of Regulations, Title 15, Section 1065). 1106 DISCIPLINARY PROCEDURES Minors are not held at this facility. Nothing in this regulation shall prevent the administrator from removing a detained minor from the general population or program for reasons of the minor's mental or physical health; or under any circumstances in which ☐ ☐ ☒ the safety of the minor, incarcerated adults, staff, the program or community is endangered, pending a disciplinary action or review. With the exceptions noted below, the provisions of Section 1080-1084 shall apply when a minor is involved in disciplinary actions. (a) Pursuant to Welfare and Institutions Code Section 208.3, minors may not be placed in room confinement ☐ ☐ ☒ for disciplinary purposes. (b) Permitted forms of discipline include: ☐ ☐ ☒ (1) temporary loss of privileges; and, (2) loss of privileges mandated by applicable ☐ ☐ ☒ regulations. (c) Access to visitation and recreation shall be restricted only after a second level review by a supervisor or ☐ ☐ ☒ manager and shall not extend beyond five days without subsequent review. (d) Prohibited forms of discipline include: ☐ ☐ ☒ (1) discipline that does not fit the violation; (2) corporal punishment; ☐ ☐ ☒ (3) discipline imposed by incarcerated persons; ☐ ☐ ☒ 3160 Merced County Jail II PRO 23-24 Page 29 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot (4) placement in safety cells, sobering cells, or any other cell not specifically designated for the ☐ ☐ ☒ detention of minors; (5) deprivation of food; and, ☐ ☐ ☒ (6) room confinement. ☐ ☐ ☒ 1120 EDUCATION PROGRAM FOR MINORS IN Minors are not held at this facility. JAILS Whenever a minor is held in a Type II or III facility, the ☐ ☐ ☒ facility administrator shall coordinate with the County Department of Education or County Superintendent of Schools to provide education programs as required by Section 48200 of the Education Code. 1122.5 PREGNANT MINORS Minors are not held at this facility. (a) The health administrator, in cooperation with the ☐ ☐ ☒ facility administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on ☐ ☐ ☒ pregnant minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery or termination of the pregnancy shall ☐ ☐ ☒ not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, delivery, or recovery after ☐ ☐ ☒ delivery or termination of the pregnancy determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, they shall be advised, orally or in writing, of the ☐ ☐ ☒ standards and policies governing pregnant minors. 1047 SERIOUS ILLNESS OR INJURY OF A Minors are not held at this facility. MINOR IN AN ADULT DETENTION FACILITY The facility administrator shall develop policy and procedures for notification of the court of jurisdiction ☐ ☐ ☒ and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 3160 Merced County Jail II PRO 23-24 Page 30 of 30 A353 Type II & III PRO eff. 1/2023 (23-24).dot ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3175 FACILITY: Merced Courts Building TYPE: CH RC: (32) FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/05/23 ROOMS EACH ROOM EACH CELL FIXTURES* Cell Applicable # Total DIMENSIONS Location Type Standards Cells # Beds RC RC (L x W x H) T U W F Main Holding 1 Holding 2001 1 4 (4) 12.8' X 6.8' X 10' 1 1 1 Note: 6' Bench 2 Holding 2001 1 4 (4) 12.8' X 7.6' X 10' 1 1 1 Note: 12' Bench 3 Holding 2001 1 4 (4) 12.8' X 7.6' X 10' 1 1 1 Note: 12' Bench 4 Holding 2001 1 4 (4) 12.8' X 7.6' X 10' 1 1 1 Note: 12' Bench First Floor Holding 1-1 Holding 2001 1 4 (4) 6.9' x 8.6' x 10' 1 1 1 Note: 6' Bench 1-2 Holding 2001 1 4 (4) 6.9' x 8.6' x. 10' 1 1 1 Note: 6' Bench Second Floor Holding 2-1 Holding 2001 1 4 (4) 6.9' x 8.6' x 10' 1 1 1 Note: 6' Bench 2-2 Holding 2001 1 4 (4) 6.9' x 8.6' x 10' 1 1 1 Note: 6' Bench *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. 3175 Merced Courts Building CH LASE 23-24 - 1 - A360 LAS Adult-05.dot (8/05) ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005; 2008 BSCC Code: 3175 FACILITY NAME: Merced Courts Building FACILITY TYPE: CH APPLICABLE REGULATIONS (Check All That 6/94: 2/99: 2001: X 2005: 2008: Other: Apply): FIELD REPRESENTATIVE: Tim McWilliams DATE: 4/05/2023 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) Contains a weapons locker, designed as outlined in X these regulations. Contains a cell or room for confinement pending Court remands are escorted to the Main Jail X booking for booking. Contains a detoxification cell (WA in TH; NA in CH) 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available 2-99: Access to shower must be within the secure X area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running X water Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear X ceiling height of 8 feet or more Contains sufficient seating to accommodate all X inmates Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or X more Temporary Staging Cell or Room (2.3) Holds inmates classified and segregated per Title 15 § X 1050 and 1053 Safety Equipment Storage (2.19) Adequate space is provided to store equipment such X as fire extinguishers, SCBA, emergency lights, etc. 3175 Merced Courts Building CH PHY 23-24 1 A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Janitors' Closet (2.20) Lockable, containing a mop sink and storage space 01: Mop sink may be separate from janitors’ closet X Audio or Visual Monitoring (2.22) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is use, it is located primarily in X corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and X maintaining fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in X holding and staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See X regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Available in each temporary holding, staging and X sobering cell. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the X water outlet (bubbler). 2-99: Mouth guard requirement deleted Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) Windows that are accessible to inmates are no greater X than 5 inches in on dimension. 3175 Merced Courts Building CH PHY 23-24 2 A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per inmate. X 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) A secure weapons locker is located outside the security perimeter of the facility and no weapons are X brought into the security area. Lockers have individual compartments, locks and keys. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific X requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 3175 Merced Courts Building CH PHY 23-24 3 A382 PHY CH-TH 94 99 01 05.dot (8/05) COURT HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3175 FACILITY NAME: Merced Courts Building (New Merced Courthouse, N St.) FACILITY TYPE: CH PERSON(S) INTERVIEWED: COII Graham FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/05/23 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY MCSICP 306 Training HOLDING FACILITY TRAINING Merced County Sheriff’s Office is compliant At a minimum, all supervisors of, and personnel who with this regulation per STC. supervise incarcerated persons in, a Court Holding or Temporary Holding facility shall complete eight hours of This court-holding facility has two specialized corrections training. correctional officers assigned. They receive and attend the same training as all other Such training shall include, but not be limited to: correctional officers. (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. 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 MCSICP 306 Training in any event not more than six months after the date of assigned responsibility. 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. A total of eight hours of refresher training shall be MCSICP 306 Training completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional ☒ ☐ ☐ Training may be substituted for the eight-hour refresher. 1027 NUMBER OF PERSONNEL MCSOCP 202 Supervision of Inmates – Minimum Requirements A sufficient number of personnel shall be employed in MCSOCP 224 Staffing Plan 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. 3175 Merced Courts Building CH PRO 23-24 Page 1 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is a person in custody, there shall be at MCSOCP 202 Supervision of Inmates – least one employee on duty at all times in a local detention Minimum Requirements facility or in the building which houses a local detention MCSOCP 224 Staffing Plan ☒ ☐ ☐ facility who shall be immediately available and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties which MCSOCP 202 Supervision of Inmates – would conflict with the supervision and care of Minimum Requirements ☒ ☐ ☐ incarcerated people in the event of an emergency. MCSOCP 224 Staffing Plan Whenever one or more females are in custody, there shall MCSOCP 202 Supervision of Inmates – be at least one female employee who shall be Minimum Requirements immediately available and accessible to such females. ☒ ☐ ☐ MCSOCP 224 Staffing Plan Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel MCSOCP 202 Supervision of Inmates – for a specific facility, the facility administrator shall Minimum Requirements prepare and retain a staffing plan indicating the personnel MCSOCP 224 Staffing Plan assigned in the facility and their duties. Such a staffing plan shall be reviewed by the Board staff at the time of ☒ ☐ ☐ their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS MCSOCP 504 Inmate Safety Checks The facility administrator shall develop and implement ☒ ☐ ☐ policy and procedures for conducting safety checks that include, but are not limited to, the following: (a) Safety checks will determine the safety and well-being MCSOCP 504 Inmate Safety Checks of individuals and shall be conducted at least hourly through direct visual observation of all people held and ☒ ☐ ☐ housed in the facility. (b) There shall be no more than a 60-minute lapse MCSOCP 504 Inmate Safety Checks between safety checks. ☒ ☐ ☐ (c) Safety checks for people in sobering cells, safety MCSOCP 504 Inmate Safety Checks cells, and restraints shall occur more frequently as outlined in section 1055, section 1056, and section 1058 ☒ ☐ ☐ of these regulations. (d) Safety checks shall occur at random or varied MCSOCP 504 Inmate Safety Checks intervals. ☒ ☐ ☐ (e) There shall be a written plan that includes the MCSOCP 504 Inmate Safety Checks documentation of all safety checks. Documentation shall ☒ ☐ ☐ include: (1) the actual time at which each individual safety MCSOCP 504 Inmate Safety Checks check occurred; ☒ ☐ ☐ (2) the location where each individual safety check MCSOCP 504 Inmate Safety Checks occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff MCSOCP 504 Inmate Safety Checks who completed the safety check(s). ☒ ☐ ☐ (f) A documented process by which safety checks are Safety checks are made in the same reviewed at regular defined intervals by a supervisor or manner as the jail facilities. A review of facility manager, including methods of mitigating patterns safety checks identifies that they are ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, conducted within a 60-minute time frame safety checks. whenever inmates are in the facility. 1028 FIRE AND LIFE SAFETY STAFF MCSOCP 402 Fire Safety Whenever there is a person in custody, there shall be at least one person on duty at all times who meets the ☒ ☐ ☐ training standards established by the Board for general fire and life safety. [Penal Code section 6030(c)]. 3175 Merced Courts Building CH PRO 23-24 Page 2 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager shall ensure that there is at least one MCSOCP 402 Fire Safety person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Merced County Sheriff’s Office Corrections Policy (MCSOCP) Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy Updated/Reviewed: 01/24/23. and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively Merced County Sheriff’s Policy Manual reviewed and updated at least every two years. Such a (MCSPM) ☒ ☐ ☐ manual shall be made available to all employees. Updated/Reviewed: 12/05/22. The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections d does not apply and has been deleted. (a) The manual shall provide for, but not be limited to, the MCSOCP 100 Organizational Structure and following: Responsibility (1) Table of organization, including channels of ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility MCSOCP 102 Annual Review and administrator/manager. Performance-Based Goals and Objectives ☒ ☐ ☐ MCSOCP 215 Administrative and Supervisory Inspections (3) Policy on the use of force that meets current state MCSOCP 511 Use of Force and federal legal requirements and includes prohibition of the use of carotid restraint and choke ☒ ☐ ☐ holds. (4) Policy on the use of restraint equipment, including MCSOCP 509 Conducted Energy Device the restraint of pregnant persons as referenced in MCSOCP 512 Use of Restraints ☒ ☐ ☐ Penal Code Section 3407. MCSOCP 513 Electronic Restraints (6) Security and control including physical counts of MCSOCP 501 Inmate Counts and searches of the facility and incarcerated MCSOCP 506 Civil Detainees persons, contraband control, and key control. Each MCSOCP 514 Searches facility administrator shall, at least annually, review, MCSOCP 216 Perimeter and Facility evaluate, and make a record of security measures. Security ☒ ☐ ☐ The review and evaluation shall include internal and MCSOCP 606 Prison Rape Elimination Act external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: ☒ ☐ ☐ (A) fire suppression preplan as required by section 1032 of MCSOCP 402 Fire Safety these regulations; ☒ ☐ ☐ (B) escape, disturbances, and the taking of hostages; MCSOCP 400 Facility Emergencies ☒ ☐ ☐ (C) mass arrests; MCSOCP 400 Facility Emergencies ☒ ☐ ☐ (D) natural disasters; MCSOCP 400 Facility Emergencies ☒ ☐ ☐ (E) periodic testing of emergency equipment; and, MCSOCP 402 Fire Safety ☒ ☐ ☐ (F) storage, issue, and use of weapons, ammunition, MCSOCP 507 Management of Weapons chemical agents, and related security devices. ☒ ☐ ☐ and Control Devices (8) Suicide Prevention. MCSOCP 711 Mental Health Services MCSOCP 720 Suicide Prevention and ☒ ☐ ☐ Intervention (9) Separation of incarcerated persons. MCSOCP 505 Special Management Inmates ☒ ☐ ☐ MCSOCP 508 Inmate Classification 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3175 Merced Courts Building CH PRO 23-24 Page 3 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (10) Zero tolerance in the prevention of sexual abuse MCSOCP 606 Prison Rape Elimination Act and sexual harassment. ☒ ☐ ☐ (11) Policy and procedure to detect, prevent, and MCSOCP 606 Prison Rape Elimination Act respond to retaliation against any staff or person after MCSOCP 111 Anti-Retaliation ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for MCSOCP 521 End of Term Release incarcerated persons. MCSOCP 522 Over-Detention and ☒ ☐ ☐ Inadvertent Releases (b) The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ☒ ☐ ☐ ensure confidentiality. (c) The manual for court holding facilities shall include all of the procedures listed in subsection (a), except number ☒ ☐ ☐ (5) (which has been deleted). (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be ☒ ☐ ☐ limited to, the following: (1) multiple internal ways for incarcerated people to MCSOCP 606 Prison Rape Elimination Act privately report sexual abuse and sexual harassment, retaliation by other incarcerated 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, MCSOCP 606 Prison Rape Elimination Act family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ harassment. The method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM MCSOCP 711 Mental Health Services MCSOCP 720 Suicide Prevention and The facility shall have a comprehensive written suicide Intervention prevention program developed by the facility administrator, in conjunction with the health authority and ☒ ☐ ☐ mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct MCSOCP 720 Suicide Prevention and contact with inmates. ☒ ☐ ☐ Intervention (b) Intake screening for suicide risk immediately upon MCSOCP 502 Inmate Reception intake and prior to housing assignment. ☒ ☐ ☐ MCSOCP 710 Medical Screening (c) Provisions facilitating communication among MCSOCP 729 Inmate Health Care arresting/transporting officers, facility staff, medical and Communication ☒ ☐ ☐ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of MCSOCP 505 Special Management suicide. Inmates ☒ ☐ ☐ MCSOCP 729 Inmate Health Care Communication (e) Supervision depending on level of suicide risk. MCSOCP 505 Special Management ☒ ☐ ☐ Inmates (f) Suicide attempt and suicide intervention policies and MCSOCP 711 Mental Health Services procedures. MCSOCP 720 Suicide Prevention and ☒ ☐ ☐ Intervention (g) Provisions for reporting suicides and suicides MCSOCP 516 Reporting In-Custody Deaths attempts. ☒ ☐ ☐ (h) Multi-disciplinary administrative review of suicides and MCSOCP 721 Inmate Death – Clinical Care attempted suicides as defined by the facility administrator. ☒ ☐ ☐ Review 3175 Merced Courts Building CH PRO 23-24 Page 4 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING MCSOCP 402 Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire MCSOCP 402 Fire Safety department to be included as part of the policy and procedures manual (Title 15, California Code of ☒ ☐ ☐ Regulations Section 1029); (b) monthly fire prevention inspections by facility staff basis MCSOCP 402 Fire Safety with two year retention of the inspection record; ☒ ☐ ☐ (c) fire prevention inspections as required by Health and MCSOCP 402 Fire Safety Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, MCSOCP 404 Evacuation ☒ ☐ ☐ (e) a plan for the emergency housing of incarcerated MCSOCP 404 Evacuation people in the case of fire. ☒ ☐ ☐ 1044 INCIDENT REPORTS MCSOCP 210 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. Such records shall include the names of the persons MCSOCP 210 Report Preparation involved, a description of the incident, the actions taken, ☒ ☐ ☐ and the date and time of the occurrence. Such a written record shall be prepared by the staff No reports were written at this court holding assigned to investigate the incident and submitted to the facility. ☒ ☐ ☐ facility manager or designee. 1046 DEATH IN CUSTODY MCSOCP 721 Inmate Death – Clinical Care Review (a) Death in Custody Reviews for Adults and Minors. MCSOCP 726 Continuous Quality The facility administrator, in cooperation with the health Improvement administrator, shall develop written policy and procedures to ensure that there is an initial review of every in-custody ☒ ☐ ☐ death within 30 days. The review team at a minimum shall include the facility administrator or designee, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness MCSOCP 721 Inmate Death – Clinical Care of clinical care; whether changes to policies, procedures, Review or practices are warranted; and to identify issues that ☒ ☐ ☐ MCSOCP 726 Continuous Quality require further study. Improvement (b) Death of a Minor Minors are not held at this facility. In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section ☐ ☐ ☒ 12525. A copy of the report shall be submitted within 10 calendar days after the death. 3175 Merced Courts Building CH PRO 23-24 Page 5 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 MCSOCP 505 Special Management Inmates (b) Each administrator of a court holding facility shall MCSOCP 508 Inmate Classification establish and implement a written plan designed to provide for the safety of staff and people held and housed at the facility. The plan shall include receiving and ☒ ☐ ☐ transmitting of information regarding incarcerated persons who represent unusual risk or hazard while confined at the facility, and the separation of such persons to the extent possible within the limits of the court holding facility. (c) In deciding housing and programming assignments, MCSOCP 505 Special Management the agency shall consider on a case-by-case basis Inmates whether a placement would ensure the health and safety MCSOCP 508 Inmate Classification of the incarcerated person, and whether the placement ☒ ☐ ☐ would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES MCSOCP 710 Medical Screening MCSOCP 714 Communicable Diseases The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed At the time of intake into the facility, an inquiry shall be MCSOCP 710 Medical Screening made of the person being booked as to whether the person 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 medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION MCSOCP 711 Mental Health Services The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures to identify and evaluate all incarcerated people who may be in behavioral crisis. Evaluation of behavioral crisis may include telehealth. If an evaluation from medical or mental health staff is not MCSOCP 712 Mental Health Screening and readily available, an incarcerated person shall be Evaluation considered in behavioral crisis for the purpose of this ☒ ☐ ☐ section if they appear to be a danger to themselves or others or appear gravely disabled. An evaluation from medical or mental health staff shall be MCSOCP 712 Mental Health Screening and secured within 24 hours of identification or at the next Evaluation ☒ ☐ ☐ daily sick call, whichever is earliest. Separation may be used if necessary, to protect the safety MCSOCP 505 Special Management of the person in crisis or others. ☒ ☐ ☐ Inmates 3175 Merced Courts Building CH PRO 23-24 Page 6 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEPARATION MCSOCP 505 Special Management Inmates Except for Type IV facilities, facility administrators shall MCSOCP 508 Inmate Classification develop and implement policies and procedures for the MCSOCP 600 Inmate Discipline ☒ ☐ ☐ administrative separation of incarcerated people. There are no administrative separation cells Policies and procedures must include: at this court holding 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. (b) Administrative separation must not adversely affect an incarcerated person’s health. ☐ ☐ ☒ (c) Administrative separation may be used for incarcerated people who have: (1) A documented history of activity or behavior, or promoting such activity or behavior, that is criminal in nature, disruptive to facility operations, or affects the safety of the facility, other incarcerated people, and facility staff. (2) Influenced or participated in activity that is criminal in nature, disruptive to facility operations or affects the safety of the facility, other incarcerated ☐ ☐ ☒ people, and facility staff. (3) Committed assault, attempted assault, or participated in a conspiracy to assault or harm other incarcerated persons or facility staff. (4) A history of escape or have recently attempted escape. (5) A demonstrated need for protection from other incarcerated people. (d) Documentation indicating the necessity of administrative separation to obtain the objective of protecting the welfare of incarcerated people and facility ☐ ☐ ☒ staff. (e) A documented individualized ongoing review and evaluation of the need to continue placement in ☐ ☐ ☒ administrative separation. 1057 DEVELOPMENTAL DISABILITIES MCSOCP 602 Inmates with Disabilities MCSOCP 713 Special Needs Medical The facility administrator, in cooperation with the Treatment responsible physician, shall develop written policies and MCSOCP 711 Mental Health Services procedures for the identification and evaluation, ☒ ☐ ☐ appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the regional Contact with the regional center is made at center for any incarcerated person suspected or the jail. confirmed to have a developmental disability for the ☒ ☐ ☐ purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 3175 Merced Courts Building CH PRO 23-24 Page 7 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES MCSOCP 512 Use of Restraints The facility administrator, in cooperation with the Restraints, as defined by this regulation, are responsible physician, shall develop and implement not used at this facility. written policies and procedures for the use of restraint devices. Restraint devices include any devices which immobilize extremities or prevent the incarcerated person ☒ ☐ ☐ from being ambulatory. The provisions of this section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: ☐ ☐ ☒ (1) acceptable restraint devices; ☐ ☐ ☒ (2) signs or symptoms which should result in immediate medical/mental health referral; availability 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. ☐ ☐ ☒ (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. 3175 Merced Courts Building CH PRO 23-24 Page 8 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 MCSOCP 512 Use of Restraints MCSOCP 705 Health Care for Pregnant The facility administrator, in cooperation with the Inmates responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant Restraints, as defined by this regulation, are people. In accordance with Penal Code Section 3407, the not used at this facility. policy shall include reference to the following: (1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the pregnancy shall not be restrained by the use of leg ☐ ☐ ☒ or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for ☐ ☐ ☒ the safety and security of the incarcerated person, the staff, or the public. (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. 1068 ACCESS TO COURTS AND COUNSEL MCSOCP 603 Inmates Access to Courts and Counsel The facility administrator shall develop written policies and procedures to ensure incarcerated persons have ☒ ☐ ☐ access to the court and to legal counsel. Such access shall consist of: (b) confidential consultation with attorneys. MCSOCP 603 Inmates Access to Courts ☒ ☐ ☐ and Counsel 3175 Merced Courts Building CH PRO 23-24 Page 9 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND MCSOCP 800 Sanitation Inspections MAINTENANCE The facility administrator shall develop written policies and 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. DETENTION OF MINORS Minors are not held at this facility. ☐ ☐ ☒ Are minors held in this facility? If yes, the following sections, including those summarized in Title 15, Article 10, apply (Minors in Court Holding Facilities.) ☐ ☐ ☒ 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the facility administrator, shall develop written policies and ☐ ☐ ☒ procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☐ ☒ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for ☐ ☐ ☒ the safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant minors. 1161 CONDITIONS OF DETENTION Minors are not held at this facility. Court holding facilities shall be designed to provide the ☐ ☐ ☒ following: (a) Separation of minors from adults in accordance with Section 208 of the Welfare and Institutions Code. ☐ ☐ ☒ (b) Separation of minors in accordance with an established classification plan. ☐ ☐ ☒ (c) Secure non-public access, movement within and egress. If the same entrance/exit is used by both minors and adults, movements shall be scheduled in such a ☐ ☐ ☒ manner that there is no opportunity for contact. 3175 Merced Courts Building CH PRO 23-24 Page 10 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An existing court holding facility built in accordance with construction standards at the time of construction shall be considered as being in compliance with this article unless the condition of the structure is determined by the appropriate authority to be dangerous to life, health, or ☐ ☐ ☒ welfare of minors. Upon notification of noncompliance with this section, the facility administrator shall develop and submit a plan for corrective action to the Board within 90 days. 1162 SUPERVISION OF MINORS Minors are not held at this facility. A sufficient number of personnel shall be employed in each facility to permit unscheduled safety checks of all minors at least twice every 30 minutes, and to ensure the implementation and operation of the activities required by these regulations. There shall be a written plan that includes the documentation and review of safety checks. ☐ ☐ ☒ 1163 CLASSIFICATION Minors are not held at this facility. The administrator of a court holding facility shall establish and implement a written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include receiving and transmitting of information regarding minors who represent a risk or hazard to self or ☐ ☐ ☒ others while confined at the facility, and the separation of such minors to the extent possible within the limits of the court holding facility, and for the separation of minors from any adults confined there as required by Section 208 of the Welfare and Institutions Code. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR Minors are not held at this facility. IN AN ADULT DETENTION FACILITY The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and ☐ ☐ ☒ the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 3175 Merced Courts Building CH PRO 23-24 Page 11 of 11 A350 CH PRO eff. 1/2023 (23-24).dot ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections Inspection BSCC Code: 3190 FACILITY: John Latorraca Correctional Center TYPE: II RC: 566 FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/04/23 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 Holding Area Holding 1 Holding 1986 1 11 (11) 15.6 x 7.7 x 9.5 1 1 1 Note: 16.5 Bench in holding 1. Sobering 1986 1 8 (8) 7.5 x 10.9 x 9.5 1 1 Safety 1986 1 1 (1) 5.5 x 10.3 x 9.5 1 Note: Flush mount toilet. Female lockdown/East Side Housing 127, 128, Single 1994 3 2 2 6 7.5 x 10.5 x 9.5 1 1 1 129 125, 126, 130-133, Double 1994 15 2 2 30 7.5 x 10.5 x 9.5 1 1 1 234-242 Dayroom 1994 1 25.0 x 34.0 x 19.8 1 2 Note: Irregular dimensions. The mezzanine contains nine cells which were completed at the end of 1995. Male lockdown/West Side Housing 102, 103, 104, 109, Single 1994 6 2 2 12 7.5 x 10.5 x 9.5 1 1 1 111, 112 113-126 Double 1994 18 2 2 36 7.5 x 10.5 x 9.5 Dayroom 1994 1 36.5 x 42.5 x 19.8 1 2 Note: Irregular dimensions. (23-24) Cells 102, 103, 104, 111, 112, and XX are all single beds. No change in RC. Admin. Seg. Double 1994 3 2 2 6 7.5 x 11.2 x 9.5 1 1 (191-193) 194 Holding 1994 1 (4) (4) Note: Room numbers 191, 192, 193 and 194. Room 194 is currently being used as a holding cell. 2017: Agency requests reclassification of 191-193 as double cell, 194 becomes four-person holding cell. RC increased by 3. (23-24) 194 is a duplicate of Holding 2. They are actually the same cell; Holding 2 removed from LASE. No change to RC since both were unrated. 300 Units Housing Building Dorm 1986 1 9 20 20 55.4 x 26.6 x 12.5 3 3 1 3 301 Building Dorm 1986 1 20 20 20 55.4 x 26.6 x 12.5 3 3 1 3 303 Building Dorm 1986 1 20 20 20 55.4 x 26.6 x 12.5 3 3 1 3 304 Note: (20-22) 301 contains medical beds and houses male inmates. *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. 3190 Merced John Latorraca Correctional Center II LASE 23-24 - 1 - A360 LAS Adult-05.dot (08/05) ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Male Housing Building 400 Dorm 1986 6 20 20 120 55.4 x 26.6 x 12.5 2 1 3 1 3 401-406 Building 500 Dorm 1986 2 18 18 36 55.4 x 26.6 x 12.5 2 1 3 1 3 501-502 Building 500 503- Dorm 2001 6 20 20 120 48.5 x 30 x 9 2 1 2 1 2 508 Note: Less approximately 50 sq. ft. for control room for each dorm. Building 600 Dorm 1986 6 20 20 140 55.4 x 26.6 x 12.5 2 1 3 1 3 601-607 Notes: Work crew Intake Area containing one toilet, two urinals, three washbasins, and eight showers was converted to Dorm 607 in 2004. Five showers were eliminated reducing the total number of showers to 3. Note: One handicap shower and water closet in each dormitory *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. 3190 Merced John Latorraca Correctional Center II LASE 23-24 - 2 - A360 LAS Adult-05.dot (08/05) ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001; 2005; 2008 BSCC Code: 3190 FACILITY NAME: John Latorraca Correctional Center (JLCC) FACILITY TYPE: II APPLICABLE REGULATIONS (Check All That 6/94: X 2/99: 2001: X 2005: 2008: Other:1986 Apply): FIELD REPRESENTATIVE: Tim McWilliams DATE: 4/04/2023 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) (20-22) Booking is not conducted at this facility. Inmates are transferred to this facility. Contains a weapons locker outside the security X perimeter of the facility, designed as outlined in these regulations. Contains a cell or room for confinement pending X booking Contains a detoxification cell, where applicable 01: Name change to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA) X Shower room available 2-99: Access to shower must be within the secure X area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running X water for staff use. Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear X ceiling height of 8 feet or more Contains sufficient seating to accommodate all X inmates Contains water closet (toilet), wash basin, and drinking X fountain as specified by these regulations Provides for clear visual supervision by staff X Temporary Staging Cell or Room (2.3) X Holds inmates classified and segregated per Title 15 § 1050 and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X Contains 10 square feet of floor area per inmates and X has a clear ceiling height of 8 feet or more. Is at least 160 square feet X 3160\Merced County\John Latorraca CC\PHY\23-24 - 1 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Contains sufficient seating to accommodate all X inmates Contains water closets (toilets), wash basins and X drinking fountains as specified by these regulations Provides for clear visual supervision by staff X Detoxification/Sobering Cell (2.4) X 01: Name change to “sobering cell.” Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear X ceiling height of 8 feet or more Contains a water closet (toilet) wash basin and X drinking fountain as specified by these regulations Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure portion of X the facility Safety Cell (2.5) Contains 48 square feet with one floor dimension of a X least 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the X floor, with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which X provide a view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from X the bottom of the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible X to inmate occupant. Single Occupancy Cells (2.6) X Maximum capacity of one inmate Contain a minimum of 60 square feet of floor area in Type I facilities and 70 square feet in Type II and III X facilities Have a minimum clear ceiling height of 8 feet and a X minimum width of 6 feet Contain a water closet (toilet), wash basin and X drinking fountain as specified by these regulations Contain a bunk, desk and seat (Desk and seat not X required in Type I facilities.) Double Occupancy Cells (2.7) 1994 standards. X Maximum capacity of two inmates 3160\Merced County\John Latorraca CC\PHY\23-24 - 2 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Contain a minimum of 60 square feet of floor area in Type I facilities and 70 square feet in Type II and III X facilities Have a minimum clear ceiling height of 8 feet and a X minimum width of 6 feet Contain a water closet (toilet), wash basin and X drinking fountain as specified by these regulations Contain 2 bunks, 1 desk and 1 seat (Desk and seat (20-22) Cells 103, 110, 115, 116, and 123 did X not required in Type I facilities.) not have a desk. Dormitories (2.8) Dorms are 55.4’ x 26.6’ (triple bunks). RC is (Note: 2001 regulations reduced the double bunk set at 20 inmates per dorm. requirement from 75 to 70 square feet and added provision for triple bunks. This is the “least restrictive Dormitories were originally constructed to standard.” 2005 revisions added clarifying language, house weekender inmates (Type IV Facility), a but did not change the calculations.) low-custody, low-risk type of inmate. Sometime during the 1990s the facility was changed into a Type II facility and no upgrades Contain at least 50 square feet of floor area per to detention-grade housing areas or fixtures inmate for single bed units; at least 70 square feet of were completed. floor space per inmate for double bed units; and, at X least 90 square feet for triple bed units. Eight foot clear ceiling height required. (To calculate double bunked RC: 70 square feet divided by 2 inmates = 35 square feet + 35 square feet dayroom = 70 square feet per inmate. To calculate triple bunked RC: 90 square feet divided by 3 inmates=30 square feet + 35 square feet dayroom=65 square feet per inmate.) Designed for no fewer than 4 and no more than 64 X inmates Provide access to toilets separate from wash basins and drinking fountains as specified by these X regulations Provide storage space for each inmate's personal X items (NA Type I) Dayrooms (2.9) (Required for inmates in Type II and III facilities (excluding "special use" cells) and inmate workers in Type I facilities.) X Contain 35 square feet of floor area per inmate, exclusive of 3 foot wide corridors in front of cells/rooms 2-99: Deleted 3 foot corridor in front of cells/rooms Contain tables and seating to accommodate the maximum number of inmates allowed access at a given time. (Note 2001 revisions added reference to X access at a given time and are the least restrictive standard.) Exercise Area (2.10) Prior to the 2008/2010 inspection, lighted, paved, and fenced exercise yards were Provided in Type II and III facilities. Type IV facilities X constructed. must have a recreation area or provide community access to one. Clear height of 15 feet X 3160\Merced County\John Latorraca CC\PHY\23-24 - 3 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Has required surface area: 80 % of maximum rated 1963 standards. Minimum of 30’ x 50’ x 15’. inmate capacity, multiplied by 50 square feet, divided X by number of one-hour exercise periods per day, equals the required surface area. 2-99: Provides free access to a toilet, wash basin and The JLCC constructed two outdoor drinking fountain recreational areas in 2010-12, and these exercise areas do not comply with Title 24, X Section 1231.2.10 (20-22). Arrangements are made to escort inmates to restroom facilities when in need. Provides adequate security X Program/Multipurpose Space (2.11) (NA Type I) There is sufficient area and furnishings to meet the X needs of the facility programs. (See regulation for discussion of applicability to Type IV.) Medical Examination Room (2.12) There is one suitably equipped medical exam room in every Type II or III facility designed to house 25 or X more inmates. 2-99: Required in all facilities that provide on-site health care. Located within the security area and provide for X privacy of inmates Not less than 100 square feet of floor space with no X single dimension less than 7 feet Provide hot and cold running water 2-99: Hot and cold running water in any room where X medical procedures are provided 2-99: Lockable storage for medical supplies X Pharmaceutical Storage Space (2.13) X There is lockable storage space for medical supplies and pharmaceuticals (Title 15 § 1216). Medical Care Housing (2.14) (20-22) Medical beds in 301. Applicable to Type II and III facilities where the facility X program indicates special medical care housing is needed. Housing is located within the security area, accessible to both male and female inmates, but not in the living X area of either. Provides lockable storage area for medical X instruments 2-99: Negative pressure isolation rooms are designed X to the community standard. Hare Care Space (2.15) X Space and equipment are available. 2-99: Requirement deleted. Commissary (2.16) (NA Type I) X Inmates can purchase specified items. 3160\Merced County\John Latorraca CC\PHY\23-24 - 4 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS There is secure storage for commissary stock. 01: Revisions limit requirement for secure storage to X circumstances when commissary supplies are kept within the security perimeter. Dining Facilities (2.17) (NA Type I) Inmates are fed in the dorms. X There are 15 square feet and sufficient tables and seating for each inmate being fed. Dining space does not include toilets, wash basins or showers, without an appropriate visual barrier. X 2-99: Visual barrier requirement deleted for wash basins Visiting Space (2.18) X There is sufficient visiting area. Safety Equipment Storage (2.19) X Adequate space is provided to store equipment such as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) A securely lockable janitor’s closet provides sufficient X storage for cleaning implements and supplies and is located within the security area (Type II only). A mop sink is available within the security area (Type II). It may be outside the security area in CH, TH and X Types I, III & IV. Storage Room (2.21) One or more storage rooms are required to accommodate a minimum of 80 cubic feet of storage per inmate for inmate clothing and personal property, X institutional clothing, bedding and supplies. (Type I facilities may be excluded from storage space requirement for personal and institutional clothing unless clothing is issued.) 3160\Merced County\John Latorraca CC\PHY\23-24 - 5 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Audio or Visual Monitoring (2.22) (Prior to 2005 this was N/A for Type III and IV housing only minimum security inmates. In 2005 applicability was extended to all CH, TH, Type I, II, III and IV facilities regardless of security level.) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is used, it is located primarily in corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option and references to X electronic surveillance located primarily in corridors, elevators or points in security perimeter were deleted. 08: Audio monitoring system shall be located 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, capable of alerting personnel who can respond immediately. Central control requirement deleted. Laundry Facilities (2.23) X Type IV facilities make provision for washing and drying personal laundry. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and X maintaining fire and life safety, security, communication and alarm systems. Confidential Interview Rooms (2.25) There is at least one suitably furnished confidential interview room in every Type II facility designed for 25 X or more inmates. 2-99: Applicable to every facility which provides on- site health care Located in the security area, accessible by both male X and female inmates Provides at least 70 square feet floor area with no X single dimension less than 6 feet Attorney Interview Space (2.26) (NA Type IV) X Available and provides for confidentiality 3160\Merced County\John Latorraca CC\PHY\23-24 - 6 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Water Closets (Toilets)/Urinals (3.1) (20-22) Most of the dorm units were built with porcelain toilets/urinals installed. Many were Provide for inmate privacy/modesty with staff being broken and in need of repair/replacement. able to visual supervise; one is provided in every None in the exercise area. single and double occupancy cell and at the following ratio elsewhere: 1:10 in dormitories (changed from 1:8 in 2001); 1:8 in detoxification/sobering cells; X 1:16 in holding cells; 1:20 in exercise areas; and, Accessible to dayroom occupants no specified ratio. 2-99: Accessible at no specified ratio in exercise areas. Privacy requirement deleted. See regulation for calculations of urinal substitutions. Wash basins (3.2) (20-22) Most of the dorm units were built with Provide hot and cold or tempered water; one is porcelain wash basins installed. Many were provided in every single and double occupancy cell broken and in need of repair/replacement. and at the following ratio elsewhere: None in the exercise area. 1:10 in dormitories (changed from 1:8 in 2001); 1:8 in detoxification/sobering cells; X 1:20 in exercise areas; and, Accessible to dayrooms at no specified ratio. 2-99: Accessible in exercise areas at no specified ratio See regulation for calculations of wash basin trough substitutions. Drinking Fountains (3.3) One is provided in every single and double occupancy cell and in dormitories. Accessible to inmates in dayrooms X 2-99: One is provided in every single and double occupancy cell, holding and staging cells and detoxification cells. It must be accessible to inmates in dayrooms and exercise areas. The water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler). There is a mouth guard on X the water outlet. 2-99: Mouth guard requirement deleted Showers (3.4) (20-22) Many of the dorm unit shower heads were broken and in need of Available at a ratio of 1:20; provide hot and cold or repair/replacement. tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water X and soap so that they may be easily cleaned. 2-99: Ratio changed from 1:16; specified that shower areas must provide modesty for inmates, with staff ability to supervise. 3160\Merced County\John Latorraca CC\PHY\23-24 - 7 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Beds/Bunks (3.5) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type X or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Must have a solid bottom. Lighting (3.6) Lighting in housing units, dayrooms and activity areas is sufficient to permit easy reading by a person with normal vision, and is not less than 20 foot-candles at desk level and in the grooming area. Night lighting is X sufficient for purposes of supervision. Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design in areas higher than minimum security. Windows (3.7) In housing areas higher than minimum security, X windows that are accessible to inmates are no greater than 5 inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and X everything on them are padded. All padded cells are equipped with a tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or X laminated construction; firmly bonded to all surfaces; and, without exposed seams. Mirrors/Shelves/Clothes Hooks (3.9) X A mirror of a material appropriate to the level of security is provided near each wash basin. Consistent with security needs, shelves and clothes hooks are provided wherever feasible. X 2-99: Requirement for shelves and hooks deleted Clothes hooks are of a collapsible hook type X 2-99: Requirement for hooks deleted Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are X provided per inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Table/Seat (3.11) (NA Type I) X A table and seat is provided in single and double occupancy cells. 3160\Merced County\John Latorraca CC\PHY\23-24 - 8 - A383 PHY Type 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Weapons Locker (3.12) (NA type IV and Minimum Security Facilities) A secure weapons locker is located outside the X security perimeter of the facility. Lockers have individual compartments, locks and keys. 08: “No weapons are brought into the security area” deleted from the regulation. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific X requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 3160\Merced County\John Latorraca CC\PHY\23-24 - 9 - A383 PHY Type 94 99 01 05 08.dot (11/09) TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3190 FACILITY NAME: Merced County John Latorraca Correctional Center FACILITY TYPE: II PERSON(S) INTERVIEWED: John Hendon and COII Lacy Graham FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/05/23 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 MCSICP 306 Training (a) In addition to the provisions of California Penal Merced County Sheriff’s Office is compliant Code Section 831.5, all custodial personnel of a Type with this regulation per STC. I, II, III, or IV facility shall successfully complete the ☒ ☐ ☐ “Corrections Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully MCSICP 306 Training completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections Officer Basic Academy Supplemental ☒ ☐ ☐ Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING MCSOCP 303 Training for Managers and Supervisors Prior to assuming supervisory duties, jail supervisors ☒ ☐ ☐ shall complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III MCSOCP 303 Training for Managers and or IV jail shall also be required to complete either the Supervisors STC Supervisory Course (as described in Section 181, ☒ ☐ ☐ Title 15, CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING MCSOCP 303 Training for Managers and Supervisors Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management ☒ ☐ ☐ course (as described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 1 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING MCSOCP 302 Continuing Professional Education With the exception of any year that a core training MCSOCP 314 Training Plan module is successfully completed, all facility/system administrators, managers, supervisors, and custody ☒ ☐ ☐ personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 1027 NUMBER OF PERSONNEL MCSOCP 202 Supervision of Inmates – Minimum Requirements A sufficient number of personnel shall be employed in MCSOCP 224 Staffing Plan each local detention facility to ensure the implementation and operation of the programs and A review of a staffing plan was done as part activities required by these regulations. of this inspection process. During the previous inspection, the agency was noncompliant due to a lack of sufficient positions. As a result, additional FTEs were allocated. Despite needing at least 90 shifts ☐ ☒ ☐ of overtime, recruiting efforts have not been able to fill those positions. Reasons cited for the inability to fill positions, Merced County Sheriff’s Office Administrators cite other local agencies competing for personnel that can offer greater pay options and signing bonuses. Thus, the agency continues with its noncompliance with this regulation. Whenever there is a person in custody, there shall be MCSOCP 202 Supervision of Inmates – at least one employee on duty at all times in a local Minimum Requirements detention facility or in the building which houses a local detention facility who shall be immediately available ☒ ☐ ☐ and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties MCSOCP 202 Supervision of Inmates – which would conflict with the supervision and care of Minimum Requirements ☒ ☐ ☐ incarcerated people in the event of an emergency. Whenever one or more females are in custody, there MCSOCP 202 Supervision of Inmates – shall be at least one female employee who shall be Minimum Requirements immediately available and accessible to such females. ☒ ☐ ☐ Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel MCSOCP 202 Supervision of Inmates – for a specific facility, the facility administrator shall Minimum Requirements prepare and retain a staffing plan indicating the MCSOCP 224 Staffing Plan personnel assigned in the facility and their duties. Such a staffing plan shall be reviewed by the Board staff at ☒ ☐ ☐ the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS MCSOCP 504 Inmate Safety Checks The facility administrator shall develop and implement ☒ ☐ ☐ policy and procedures for conducting safety checks that include, but are not limited to, the following: (a) Safety checks will determine the safety and well- MCSOCP 504 Inmate Safety Checks being of individuals and shall be conducted at least hourly through direct visual observation of all people ☒ ☐ ☐ held and housed in the facility. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 2 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) There shall be no more than a 60-minute lapse MCSOCP 504 Inmate Safety Checks between safety checks. ☒ ☐ ☐ (c) Safety checks for people in sobering cells, safety MCSOCP 504 Inmate Safety Checks cells, and restraints shall occur more frequently as outlined in section 1055, section 1056, and section ☒ ☐ ☐ 1058 of these regulations. (d) Safety checks shall occur at random or varied MCSOCP 504 Inmate Safety Checks intervals. ☒ ☐ ☐ (e) There shall be a written plan that includes the MCSOCP 504 Inmate Safety Checks documentation of all safety checks. ☒ ☐ ☐ Documentation shall include: (1) the actual time at which each individual safety MCSOCP 504 Inmate Safety Checks check occurred; ☒ ☐ ☐ (2) the location where each individual safety check MCSOCP 504 Inmate Safety Checks occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of MCSOCP 504 Inmate Safety Checks staff who completed the safety check(s). ☒ ☐ ☐ (f) A documented process by which safety checks are Three months of safety check reviewed at regular defined intervals by a supervisor or documentation was requested for this facility manager, including methods of mitigating inspection. An automated electronic patterns of inconsistent documentation, or untimely security check verification system is completion of, safety checks. utilized. Staff can use the device for different activities. The logs reviewed show that deviations are noted along with ☒ ☐ ☐ reasons for a late check. The logs show the date, time, location, and the name of the person conducting the safety check. A review of the checks verified that they were random and performed within a 60-minute lapse between checks. 1028 FIRE AND LIFE SAFETY STAFF MCSOCP 402 Fire Safety Whenever there is a person in custody, there shall be at least one person on duty at all times who meets the ☒ ☐ ☐ Staff is trained within the first six months of training standards established by the Board for general assignment. fire and life safety. (Penal Code section 6030). The facility manager shall ensure that there is at least MCSOCP 402 Fire Safety one person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 3 Merced County Sheriff’s Office Corrections Policy (MCSOCP) Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The Updated/Reviewed: 01/24/23. policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be Merced County Sheriff’s Policy Manual comprehensively reviewed and updated at least every (MCSPM) two years. Such a manual shall be made available to ☒ ☐ ☐ all employees. Updated/Reviewed: 12/05/22. The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 3 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) The manual for Temporary Holding, Type I, II, and MCSOCP 100 Organizational Structure and III facilities shall provide for, but not be limited to, the Responsibility following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the MCSOCP 102 Annual Review and facility administrator/manager. Performance-Based Goals and Objectives ☒ ☐ ☐ MCSOCP 215 Administrative and Supervisory Inspections (3) Policy on the use of force that meets current MCSOCP 511 Use of Force state and federal legal requirements and includes prohibition of the use of carotid restraint and ☒ ☐ ☐ choke holds. (4) Policy on the use of restraint equipment, MCSOCP 509 Conducted Energy Device including the restraint of pregnant persons as MCSOCP 512 Use of Restraints ☒ ☐ ☐ referenced in Penal Code Section 3407. MCSOCP 513 Electronic Restraints (5) Procedure and criteria for screening newly MCSOCP 502 Inmate Reception received persons for release. ☒ ☐ ☐ (6) Security and control including: ☒ ☐ ☐ physical counts, MCSOCP 501 Inmate Counts ☒ ☐ ☐ MCSOCP 506 Civil Detainees searches of the facility and incarcerated persons, MCSOCP 514 Searches MCSOCP 216 Perimeter and Facility ☒ ☐ ☐ Security contraband control, and, MCSOCP 514 Searches ☒ ☐ ☐ key control. MCSOCP 211 Key and Electronic Access ☒ ☐ ☐ Device Control Each facility administrator shall, at least annually, MCSOCP 215 Administrative and review, evaluate, and make a record of security Supervisory Inspections 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: MCSOCP 402 Fire Safety MCSOCP 400 Facility Emergencies (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; (B) escape, disturbances, and the taking of MCSOCP 400 Facility Emergencies hostages; ☒ ☐ ☐ (C) mass arrests; MCSOCP 400 Facility Emergencies ☒ ☐ ☐ (D) natural disasters; MCSOCP 400 Facility Emergencies ☒ ☐ ☐ (E) periodic testing of emergency equipment; MCSOCP 402 Fire Safety and, ☒ ☐ ☐ (F) storage, issue, and use of weapons, MCSOCP 507 Management of Weapons ammunition, chemical agents, and related and Control Devices ☒ ☐ ☐ security devices. (8) Suicide Prevention. MCSOCP 711 Mental Health Services MCSOCP 720 Suicide Prevention and ☒ ☐ ☐ Intervention (9) Separation of incarcerated persons. MCSOCP 505 Special Management Inmates ☒ ☐ ☐ MCSOCP 508 Inmate Classification (10) Zero tolerance in the prevention of sexual MCSOCP 606 Prison Rape Elimination Act abuse and sexual harassment. ☒ ☐ ☐ (11) Policy and procedure to detect, prevent, and MCSOCP 111 Anti-Retaliation respond to retaliation against any staff or person ☒ ☐ ☐ after reporting any abuse. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 4 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (12) Release policy, including release planning for MCSOCP 521 End-of-Term Release incarcerated persons. MCSOCP 522 Over-Detention and ☒ ☐ ☐ Inadvertent Releases (e) The manual for Temporary Holding, Court Holding, MCSOCP 606 Prison Rape Elimination Act Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for incarcerated people to privately report sexual abuse and sexual ☒ ☐ ☐ harassment, retaliation by other incarcerated 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, MCSOCP 606 Prison Rape Elimination Act family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ harassment. The method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM MCSOCP 711 Mental Health Services MCSOCP 720 Suicide Prevention and The facility shall have a comprehensive written suicide Intervention prevention program developed by the facility MCSOCP 721 Inmate Death – Clinical Care administrator, in conjunction with the health authority Review and mental health director, to identify, monitor, and ☒ ☐ ☐ provide treatment to those inmates who present a Reports are written for each attempted suicide risk. The program shall include the following: suicide. Merced County Sheriff’s Office also performs an administrative review of attempted suicides. (a) Suicide prevention training for all staff that have MCSOCP 720 Suicide Prevention and direct contact with inmates. ☒ ☐ ☐ Intervention (b) Intake screening for suicide risk immediately upon MCSOCP 710 Medical Screening intake and prior to housing assignment. ☒ ☐ ☐ (c) Provisions facilitating communication among MCSOCP 729 Inmate Health Care arresting/transporting officers, facility staff, medical and Communication ☒ ☐ ☐ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of MCSOCP 729 Inmate Health Care suicide. Communication ☒ ☐ ☐ MCSOCP 505 Special Management Inmates (e) Supervision depending on level of suicide risk. MCSOCP 505 Special Management ☒ ☐ ☐ Inmates (f) Suicide attempt and suicide intervention policies and MCSOCP 711 Mental Health Services procedures. MCSOCP 720 Suicide Prevention and ☒ ☐ ☐ Intervention (g) Provisions for reporting suicides and suicides MCSOCP 516 Reporting In-Custody attempts. ☒ ☐ ☐ Deaths (h) Multi-disciplinary administrative review of suicides MCSOCP 721 Inmate Death – Clinical Care and attempted suicides as defined by the facility Review ☒ ☐ ☐ administrator. 1032 FIRE SUPPRESSION PREPLANNING MCSOCP 402 Fire Safety MCSOCP 404 Evacuation Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 5 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) a fire suppression pre-plan developed with the local MCSOCP 402 Fire Safety fire department to be included as part of the policy and procedures manual (Title 15, California Code of ☒ ☐ ☐ Regulations Section 1029); (b) monthly fire prevention inspections by facility staff A review was conducted of monthly facility with two-year retention of the inspection record; fire prevention inspections conducted by ☒ ☐ ☐ facility staff. Records reviewed identified inspections dating back to May 2021. (c) fire prevention inspections as required by Health and MCSOCP 402 Fire Safety Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, MCSOCP 404 Evacuation ☒ ☐ ☐ (e) a plan for the emergency housing of incarcerated MCSOCP 404 Evacuation people in the case of fire. ☒ ☐ ☐ 1040 POPULATION ACCOUNTING MCSOCP 500 Population Management Each facility administrator shall maintain a demographics accounting system which reflects the ☒ ☐ ☐ monthly average daily population of sentenced and non-sentenced people by gender and juvenile status. Facility administrators shall provide the Board with MCSOCP 500 Population Management applicable demographic information as described in the ☒ ☐ ☐ Jail Profile Survey. 1041 RECORDS MCSOCP 209 Inmate Records (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the maintenance of individual records for each incarcerated person which shall include, but not be limited to, intake information, personal property ☒ ☐ ☐ receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non- medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, MCSOCP 606 Prison Rape Elimination Act uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its incarcerated people. The data collected shall include, ☒ ☐ ☐ at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1). (federal survey on sexual violence) 1044 INCIDENT REPORTS MCSOCP 210 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. Such records shall include the names of the persons MCSOCP 210 Report Preparation involved, a description of the incident, the actions ☒ ☐ ☐ taken, and the date and time of the occurrence. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 6 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such a written record shall be prepared by the staff Reports from October, November, and assigned to investigate the incident and submitted to December 2022, as well as January 2023, the facility manager or designee. were requested for this inspection. The incident report form contains the details such as the date/time of the incident, location, a brief description of what ☒ ☐ ☐ occurred as well as those involved (inmate/s and staff). The reports also contain a date/time stamp of activity that has taken place surrounding the incident. Accompanying each report was a longer narrative of each incident. 1045 PUBLIC INFORMATION PLAN MCSOCP 218 News Media Relations MCSOCP 219 Community Relations and Each facility administrator of a Type I, II, III or IV facility Public Information shall develop written policies and procedures for the dissemination of information to the public, to other ☒ ☐ ☐ government agencies, and to the news media. The public and incarcerated persons shall have available for review the following material: (a) The Board of State and Community Corrections Minimum Standards for Local Detention Facilities as ☒ ☐ ☐ found in Title 15 of the California Code of Regulations. (b) Facility rules and procedures affecting incarcerated people as specified in sections: ☒ ☐ ☐ (1) 1045, Public Information Plan MCSOCP 219 Community Relations and ☒ ☐ ☐ Public Information (2) 1061, Education Plan ☒ ☐ ☐ (3) 1062, Visiting MCSOCP 1010 Visitation ☒ ☐ ☐ (4) 1063, Correspondence MCSOCP 1008 Mail ☒ ☐ ☐ (5) 1064, Library Service MCSOCP 1007 Library Services ☒ ☐ ☐ (6) 1065, Out of Cell Time MCSOCP 1004 Inmate Exercise and ☒ ☐ ☐ Recreation (7) 1066, Books, Newspapers, Periodicals and MCSOCP 1008 Mail Writings ☒ ☐ ☐ (8) 1067, Access to Telephone MCSOCP 1009 Telephone Access ☒ ☐ ☐ (9) 1068, Access to Courts and Counsel MCSOCP 603 Inmate Access to Courts and ☒ ☐ ☐ Counsel (10) 1069, Orientation MCSOCP 503 Inmate Handbook and ☒ ☐ ☐ Orientation (11) 1070, Individual/Family Service Programs MCSOCP 1000 Inmate Programs and Services, Vocational and Rehabilitation ☒ ☐ ☐ Programs MCSOCP 1005 Inmate Educational (12) 1071, Voting MCSOCP 610 Inmate Voting ☒ ☐ ☐ (13) 1072, Religious Observance MCSOCP 1015 Religious Programs ☒ ☐ ☐ (14) 1073, Grievance Procedure MCSOCP 609 Grievances ☒ ☐ ☐ (15) 1080, Rules and Disciplinary Actions MCSOCP 600 Inmate Discipline ☒ ☐ ☐ (16) 1081, Plan for Discipline of Incarcerated MCSOCP 600 Inmate Discipline Persons ☒ ☐ ☐ (17) 1082, Forms of Discipline MCSOCP 600 Inmate Discipline ☒ ☐ ☐ (18) 1083, Limitations on Discipline MCSOCP 600 Inmate Discipline ☒ ☐ ☐ 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 7 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (19) 1200, Responsibility for Health Care Services MCSOCP 700 Health Care Administrative Meetings and Reports ☒ ☐ ☐ MCSOCP 701 Access to Health Care 1046 DEATH IN CUSTODY MCSOCP Reporting In-Custody Deaths MCSOCP 721 Inmate Death – Clinical Care (a) Death in Custody Reviews for Adults and Minors. Review The facility administrator, in cooperation with the health MCSOCP 726 Continuous Quality administrator, shall develop written policy and Improvement procedures to ensure that there is an initial review of ☒ ☐ ☐ every in-custody death within 30 days. The review team at a minimum shall include 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 MCSOCP Reporting In-Custody Deaths appropriateness of clinical care; whether changes to MCSOCP 721 Inmate Death – Clinical Care policies, procedures, or practices are warranted; and to Review ☒ ☐ ☐ identify issues that require further study. MCSOCP 726 Continuous Quality Improvement (b) Death of a Minor Minors are not held at this facility. In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section ☐ ☐ ☒ 12525. A copy of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this ☐ ☐ ☒ subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN MCSOCP 505 Special Management Inmates (a) Each administrator of a temporary holding, Type I, MCSOCP 506 Civil Detainees II, or III facility shall develop and implement a written MCSOCP 508 Inmate Classification classification plan designed to properly assign incarcerated persons to housing units and activities according to the categories of gender identity, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non- assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide ☒ ☐ ☐ for the safety of the incarcerated people 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 person's classification level, housing restrictions, and housing assignments. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 8 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each administrator of a Type II or III facility shall MCSOCP 508 Inmate Classification establish and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign incarcerated persons to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available ☒ ☐ ☐ about and from the incarcerated person and shall provide for a channel of appeal by the incarcerated person to the facility administrator or designee. Each person may request a review of their classification plan no more often than 30 days from their last review. Subsection b does not apply and has been deleted. (c) In deciding housing and programming assignments, For classification purposes, each inmate is the agency shall consider on a case-by-case basis interviewed by a classification deputy, and whether a placement would ensure the health and options for housing are discussed. An safety of the incarcerated person, and whether the objective classification tool is used to assist placement would present management or security in determining proper housing assignments. problems. A person’s own views with respect to their Upon determination of housing, the inmate own safety shall be given serious consideration. signs the classification form understanding ☒ ☐ ☐ the requirements of that specific housing area. All inmates are received at the Main Jail. Three months of classification documentation was reviewed as part of this inspection. Documentation was clear and overrides were rarely used. 1051 COMMUNICABLE DISEASES MCSOCP 713 Special Needs Medical Treatment The facility administrator, in cooperation with the MCSOCP 714 Communicable Diseases responsible physician, shall develop written policies ☒ ☐ ☐ and procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be MCSOCP 710 Medical Screening made of the person being booked as to whether the person 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 medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION MCSOCP 711 Mental Health Services MCSOCP 712 Mental Health Screening The facility administrator, in cooperation with the and Evaluation responsible physician, shall develop written policies MCSOCP 505 Special Management ☒ ☐ ☐ and procedures to identify and evaluate all incarcerated Incarcerated Persons people who may be in behavioral crisis. Evaluation of behavioral crisis may include telehealth. If an evaluation from medical or mental health staff is MCSOCP 712 Mental Health Screening not readily available, an incarcerated person shall be and Evaluation considered in behavioral crisis for the purpose of this ☒ ☐ ☐ section if they appear to be a danger to themselves or others or appear gravely disabled. An evaluation from medical or mental health staff shall MCSOCP 711 Mental Health Services be secured within 24 hours of identification or at the ☒ ☐ ☐ next daily sick call, whichever is earliest. Separation may be used if necessary, to protect the MCSOCP 505 Special Management safety of the person in crisis or others. ☒ ☐ ☐ Incarcerated Persons 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 9 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEPARATION MCSOCP 505 Special Management Incarcerated Persons Except for Type IV facilities, facility administrators shall MCSOCP 508 Inmate Classification develop and implement policies and procedures for the MCSOCP 600 Inmate Discipline administrative separation of incarcerated people. Policies and procedures must include: Three months of classification documents for placement in Administrative Separation were requested for this inspection. In a review of documents, each time a person is ☒ ☐ ☐ placed in Administrative Separation a member (or members) of the Classification team speaks to the person and provides data as to why they are being placed in an Administrative Separation living environment. Cells in this area contain the same furniture and fixtures as all other cells. A continual review of the need for placement is made and documented. (a) Administrative separation may consist of separate MCSOCP 505 Special Management housing but shall not involve any other deprivation of Incarcerated Persons privileges than is necessary to obtain the objective of MCSOCP 508 Inmate Classification ☒ ☐ ☐ protecting the welfare of incarcerated people and facility staff. (b) Administrative separation must not adversely affect MCSOCP 508 Inmate Classification an incarcerated person’s health. ☒ ☐ ☐ (c) Administrative separation may be used for MCSOCP 505 Special Management incarcerated people who have: Incarcerated Persons (1)A documented history of activity or behavior, or MCSOCP 508 Inmate Classification promoting such activity or behavior, that is MCSOCP 600 Inmate Discipline criminal in nature, disruptive to facility operations, or affects the safety of the facility, other incarcerated people, and facility staff. (2)Influenced or participated in activity that is criminal in nature, disruptive to facility operations or affects the safety of the facility, other ☒ ☐ ☐ incarcerated people, and facility staff. (3)Committed assault, attempted assault, or participated in a conspiracy to assault or harm other incarcerated persons or facility staff. (4)A history of escape or have recently attempted escape. (5) A demonstrated need for protection from other incarcerated people. (d) Documentation indicating the necessity of MCSOCP 505 Special Management administrative separation to obtain the objective of Incarcerated Persons protecting the welfare of incarcerated people and ☒ ☐ ☐ MCSOCP 508 Inmate Classification facility staff. (e) A documented individualized ongoing review and MCSOCP 505 Special Management evaluation of the need to continue placement in Incarcerated Persons administrative separation. ☒ ☐ ☐ MCSOCP 508 Inmate Classification MCSOCP 600 Inmate Discipline 1055 USE OF SAFETY CELL MCSOCP 519 Safety and Sobering Cells 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. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 10 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility administrator, in cooperation with the MCSOCP 519 Safety and Sobering Cells 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 MCSOCP 519 Safety and Sobering Cells punishment or as a substitute for treatment. ☒ ☐ ☐ (b) A person shall be placed in a safety cell only with MCSOCP 519 Safety and Sobering Cells 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 MCSOCP 519 Safety and Sobering Cells 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 MCSOCP 519 Safety and Sobering Cells health care staff shall obtain a mental health opinion/consultation with responsible health care staff on placement and retention, which shall be secured as ☒ ☐ ☐ soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least MCSOCP 519 Safety and Sobering Cells twice every 30 minutes, with no more than a 15-minute lapse between safety checks. Such observation shall For this inspection, reviewed documents be documented. were from October, November, and December 2022 plus January 2023. The form for the safety cell is a multi-use form and is the same form used for those placed in the sobering cell or in restraints. Observation checks for each are noted at the top of the form. Prior to the change of ☒ ☐ ☐ requiring no more than 15-minute checks, Merced County Sheriff’s Office had, as their policy, observation checks every 15 minutes. All documents are reviewed by supervisors. Hydration and food documentation was sufficient as well as medical and mental health checks. Each safety cell log identifies the associated written report. (f) Procedures shall be established to assure MCSOCP 519 Safety and Sobering Cells administration of necessary nutrition and fluids. ☒ ☐ ☐ (g) People placed in the safety cell shall be allowed to MCSOCP 519 Safety and Sobering Cells 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. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 11 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL MCSOCP 519 Safety and Sobering Cells The sobering cell described in Title 24, Part 2, Section For this inspection, sobering cell documents 1231.2.4, shall be used for temporary holding of were requested from October, November, incarcerated people who are a threat to their own safety and December 2022 plus January 2023. or the safety of others due to their state of intoxication. The determination of placements in the sobering cell, at reception, is done by a medical staff member. The sobering cell log documents were reviewed by Sergeants. ☒ ☐ ☐ Upon completion of the log, the logs are reviewed by the Compliance Unit, with documentation identifying noncompliance with the agency policy. Once their review is completed, information is provided to the Sheriff’s Administration for review. My review verified that observation checks are conducted in accordance with this regulation. A person shall be removed from the sobering cell as MCSOCP 519 Safety and Sobering Cells 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 MCSOCP 519 Safety and Sobering Cells 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 MCSOCP 519 Safety and Sobering Cells must receive an evaluation by responsible health care ☒ ☐ ☐ staff. Intermittent direct visual observation of people held in MCSOCP 519 Safety and Sobering Cells the sobering cell shall be conducted no less than every ☒ ☐ ☐ half hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES MCSOCP 602 Incarcerated Persons with Disabilities The facility administrator, in cooperation with the MCSOCP 713 Special Needs Medical responsible physician, shall develop written policies Treatment and procedures for the identification and evaluation, ☒ ☐ ☐ appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the MCSOCP 602 Incarcerated Persons with regional center for any incarcerated person suspected Disabilities or confirmed to have a developmental disability for the MCSOCP 713 Special Needs Medical ☒ ☐ ☐ purposes of diagnosis or treatment within 24 hours of Treatment such determination, excluding holidays and weekends. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 12 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES MCSOCP 512 Use of Restraints MCSOCP 513 Electronic Restraints The facility administrator, in cooperation with the responsible physician, shall develop and implement written policies and procedures for the use of restraint devices. Restraint devices include any devices which immobilize extremities or prevent the incarcerated person from being ambulatory. The provisions of this ☒ ☐ ☐ section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: ☒ ☐ ☐ (1) acceptable restraint devices; MCSOCP 512 Use of Restraints ☒ ☐ ☐ A restraint chair is available for use at this facility (2) signs or symptoms which should result in MCSOCP 512 Use of Restraints immediate medical/mental health referral; availability of cardiopulmonary resuscitation ☒ ☐ ☐ equipment; (3) protective housing of restrained persons; MCSOCP 512 Use of Restraints ☒ ☐ ☐ (4) provision for hydration and sanitation needs; MCSOCP 512 Use of Restraints and, ☒ ☐ ☐ (5) exercising of extremities. MCSOCP 512 Use of Restraints ☒ ☐ ☐ (b) Policy shall also include, but not be limited to, the MCSOCP 512 Use of Restraints following requirements: ☒ ☐ ☐ (1) In no case shall restraints be used for MCSOCP 512 Use of Restraints punishment or as a substitute for treatment. ☒ ☐ ☐ (2) Restraint devices shall only be used on MCSOCP 512 Use of Restraints 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 MCSOCP 512 Use of Restraints less restrictive alternatives, including verbal de- escalation techniques, have been attempted and ☒ ☐ ☐ are deemed ineffective. (4) An incarcerated person shall be placed in MCSOCP 512 Use of Restraints 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 MCSOCP 512 Use of Restraints maintained until a medical opinion can be ☒ ☐ ☐ obtained. (6) A medical opinion on placement and retention MCSOCP 512 Use of Restraints shall be secured within one hour from the time of ☒ ☐ ☐ placement. (7) A medical assessment shall be completed MCSOCP 512 Use of Restraints within four hours of placement. ☒ ☐ ☐ 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 13 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Continuous direct visual observation shall be MCSOCP 512 Use of Restraints conducted at least twice every 30 minutes to ensure that the restraints are properly employed, There has not been use of the restraint chair and to ensure the safety and well-being of the at the time of this inspection. The agency incarcerated person. Such observation shall be can reduce the use of the restraint chair by ☒ ☐ ☐ documented. While in restraint devices all having mental and medical health staff de- incarcerated persons shall be housed alone or in escalate situations and using alternatives to a specified housing area which makes provisions restraints. to protect the person from abuse. (9) If the facility manager, or designee, in MCSOCP 512 Use of Restraints 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 MCSOCP 512 Use of Restraints use the restraint device manufacturer’s recommended maximum time limits for ☒ ☐ ☐ placement. (11) All events and information related to the MCSOCP 512 Use of Restraints 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 MCSOCP 512 Use of Restraints MCSOCP 705 Health Care for Pregnant The facility administrator, in cooperation with the Incarcerated Persons responsible physician, shall develop written policies and procedures for the use of restraint devices on ☒ ☐ ☐ Restraints are not used on pregnant pregnant people. In accordance with Penal Code persons. Section 3407, the policy shall include reference to the following: (1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the pregnancy shall not be restrained by the use of leg ☐ ☐ ☒ or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ankles, or both, unless ☐ ☐ ☒ deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (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. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 14 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1059 DNA COLLECTION, USE OF FORCE MCSOCP 520 Biological Samples (a) Pursuant to Penal Code Section 298.1, authorized DNA samples are occasionally collected at law enforcement, custodial, or corrections personnel this facility. including peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or ☒ ☐ ☐ palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of MCSOCP 520 Biological Samples reasonable force” shall be defined as the force that an objective, trained and competent correctional employee, faced with similar facts ☒ ☐ ☐ and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded MCSOCP 520 Biological Samples by efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include an advisement of the ☒ ☐ ☐ legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written MCSOCP 520 Biological Samples authorization of the facility watch commander or designee on duty. The authorization shall include information that reflects the fact that the offender was ☒ ☐ ☐ asked to provide the requisite specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell MCSOCP 520 Biological Samples extraction, the extraction shall be videotaped, including audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the length of time required by statute. ☒ ☐ ☐ Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 1061 EDUCATION PROGRAM MCSOCP 1000 Inmate Programs and Services The facility administrator of any Type II or III facility MCSOCP 1005 Inmate Educational, shall plan and shall request of appropriate public Vocational and Rehabilitation Programs officials an education program for incarcerated ☒ ☐ ☐ persons. • General Education Development preparedness • GED Testing Merced Junior College provides services When such services are not made available by the MCSOCP 1000 Inmate Programs and appropriate public officials, then the facility Services administrator shall develop and implement an ☒ ☐ ☐ education program with available resources. Such a plan shall provide for the voluntary academic or MCSOCP 1000 Inmate Programs and vocational, or both, education of housed people. ☒ ☐ ☐ Services Reasonable criteria for program eligibility shall be MCSOCP 1000 Inmate Programs and established. Modified academic or vocational Services opportunities may be provided based on sound security ☒ ☐ ☐ practices or a person’s failure to abide by facility rules and regulations. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 15 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1062 VISITING MCSOCP 1010 Visitation The facility administrator shall develop and implement ☒ ☐ ☐ written policies and procedures, which include the following requirements: (a) A visiting program which shall provide for: MCSOCP 1010 Visitation ☒ ☐ ☐ (1) As many in-person visits and visitors as facility MCSOCP 1010 Visitation schedules, space, and number of personnel will ☒ ☐ ☐ allow. (2) A publicly posted schedule of facility visiting MCSOCP 1010 Visitation hours. If practicable, visiting hours should be made available on weekends, evenings, or ☒ ☐ ☐ holidays. (3) For all incarcerated persons in Type II, III, and MCSOCP 1010 Visitation IV facilities there shall be allowed no fewer than two visits totaling at least one hour per ☒ ☐ ☐ incarcerated person each week. (b) Visits may not be cancelled unless a legitimate MCSOCP 1010 Visitation operational or safety and security concern exists. All cancelled visits must be documented. The facility ☒ ☐ ☐ manager or designee shall regularly review cancelled visits and document such review. (c) The visiting policies developed pursuant to this MCSOCP 1010 Visitation section shall include provision for visitation by minor ☒ ☐ ☐ children of the incarcerated person. (d) Video visitation may be used to supplement existing visitation programs, but shall not be used to fulfill the requirements of this section if in-person visitation is ☐ ☐ ☒ requested by an incarcerated person. (e) Facilities shall not charge for visitation when visitors are onsite and participating in either in-person or video visitation. For purposes of this subsection, “onsite” is ☐ ☐ ☒ defined as the location where the incarcerated person is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or (2) had been designed without in-person ☐ ☐ ☒ visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote ☐ ☐ ☒ video visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1(a)(4) (June 2017) Mode of visitation; Face-to-face with a barrier. Visitation hours; Various, seven-days per week. Time inmates are allowed for visitation; and, Two, 30-minute visitation periods. Any restrictions on inmate visitation. Medical and disciplinary. 1063 CORRESPONDENCE MCSOCP 1008 Mail The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for correspondence which provide that: (a) there is no limitation on the volume of mail that an MCSOCP 1008 Mail incarcerated person may send or receive; ☒ ☐ ☐ 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 16 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) an incarcerated person’s correspondence may be MCSOCP 1008 Mail read when there is a valid security reason and the ☒ ☐ ☐ facility manager or designee approves; (c) jail staff shall not review an incarcerated person’s MCSOCP 1008 Mail correspondence to or from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may open and inspect such ☒ ☐ ☐ mail only to search for contraband, cash, checks, or money orders and in the presence of the incarcerated person; (d) incarcerated persons may correspond, MCSOCP 1008 Mail confidentially, with the facility manager or the facility ☒ ☐ ☐ administrator; and, (e) those incarcerated persons who are without funds MCSOCP 1008 Mail shall be permitted at least four postage paid envelopes and eight sheets of paper each week to permit correspondence with family members and friends but ☒ ☐ ☐ without limitation on the number of postage paid envelopes and sheets of paper to their attorney and to the courts. 1064 LIBRARY SERVICES MCSOCP 1007 Library Services The facility administrator shall develop written policies and procedures for library service in all Type II, III, and IV facilities. The scope of such service shall be determined by the facility administrator. The library service shall include access to the following resources ☒ ☐ ☐ via paper documents or through electronic media and include current information on community services and resources, and religious, educational, legal reference material and recreational reading material. In Type IV facilities such a program can be either in-house or provided through access to the community. 1065 EXERCISE AND RECREATION MCSOCP 1004 Inmate Exercise and Recreation (a) The facility administrator of a Type II or III facility shall develop written policies and procedures for an Documentation records for October, exercise and recreation program, in an area designed November, and December 2022 along with for recreation, which will allow a minimum of three ☒ ☐ ☐ January 2023, were requested for this hours of exercise distributed over a period of seven inspection. Access to the exercise yard days. Such regulations as are reasonable and was clearly documented. necessary to protect the facility's security and the inmates' welfare shall be included in such a program. 1066 BOOKS, NEWSPAPERS, PERIODICALS, MCSOCP 1008 Mail AND WRITINGS (a) The facility administrator of a Type II or III facility shall develop written policies and procedures which will permit incarcerated persons to purchase, receive and read any book, newspaper, periodical, or writing accepted for distribution by the United States Postal ☒ ☐ ☐ Service. The facility administrator shall develop and implement a written plan to make available a current newspaper or other like source, including a non-English language alternative, to ensure reasonable access to interested people. Nothing herein shall be construed as limiting the right of a facility administrator to: 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 17 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) exclude any publications or writings based on MCSOCP 1008 Mail any legitimate penological interest; ☒ ☐ ☐ (2) exclude obscene publications or writings, and MCSOCP 1008 Mail mail containing information concerning where, how, or from whom such matter may be obtained; and any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence; any matter of a character tending ☒ ☐ ☐ to incite crimes against children; any matter concerning unlawful gambling or an unlawful lottery; the manufacture or use of weapons, narcotics, or explosives; or any other unlawful activity; (3) open and inspect any publications or packages MCSOCP 1008 Mail received by an incarcerated person; and ☒ ☐ ☐ (4) restrict the number of books, newspapers, MCSOCP 1008 Mail periodicals, or writings the incarcerated person may have in their cell or elsewhere in the facility ☒ ☐ ☐ at one time. 1067 ACCESS TO TELEPHONE MCSOCP 1009 Inmate Telephone Access The facility administrator shall develop written policies 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 MCSOCP 603 Inmate Access to Courts and Counsel The facility administrator shall develop written policies and procedures to ensure incarcerated persons have ☒ ☐ ☐ access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these MCSOCP 603 Inmate Access to Courts and regulations, and, ☒ ☐ ☐ Counsel (b) confidential consultation with attorneys. MCSOCP 603 Inmate Access to Courts and ☒ ☐ ☐ Counsel 1069 ORIENTATION MCSOCP 503 Inmate Handbook and Orientation (a) In Type II, III, and IV facilities, the facility administrator shall develop written policies and ☒ ☐ ☐ procedures for the implementation of a program for people newly admitted to the facility designed to orient them at the time of placement in a living area. Both written and verbal information shall be provided MCSOCP 503 Inmate Handbook and and may be supplemented with video orientation. ☒ ☐ ☐ Orientation Provision shall be made to provide accessible MCSOCP 503 Inmate Handbook and orientation information to each person, including those Orientation with disabilities, limited literacy, or those with limited ☒ ☐ ☐ English proficiency (LEP). 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 18 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such a program shall be published and include, but not be limited to, the following: ☒ ☐ ☐ (1) correspondence, visiting, and telephone usage MCSOCP 1008 Mail rules; ☒ ☐ ☐ (2) rules and disciplinary procedures; MCSOCP 600 Inmate Discipline ☒ ☐ ☐ (3) grievance procedures; MCSOCP 609 Grievances ☒ ☐ ☐ (4) programs and activities available and method MCSOCP 1005 Inmate Educational, of application; ☒ ☐ ☐ Vocational, and Rehabilitation Programs (5) medical and mental health services; MCSOCP 706 Health Authority MCSOCP 711 Mental Health Services ☒ ☐ ☐ MCSOCP 712 Mental Health Screening and Evaluation (6) classification/housing assignments; MCSOCP 505 Special Management Inmates ☒ ☐ ☐ MCSOCP 508 Inmate Classification (7) court appearance where scheduled, if known; MCSOCP 503 Inmate Handbook and ☒ ☐ ☐ Orientation (8) voting, including registration; MCSOCP 610 Inmate Voting ☒ ☐ ☐ (9) zero tolerance policy against sexual abuse and MCSOCP 606 Prison Rape Elimination Act sexual harassment; and, ☒ ☐ ☐ (10) availability of personal care items and MCSOCP 807 Incarcerated Person opportunities for personal hygiene. ☒ ☐ ☐ Hygiene 1070 INDIVIDUAL/FAMILY SERVICE MCSOCP 1000 Inmate Programs and PROGRAMS Services MCSOCP 1005 Inmate Educational, The facility administrator of a Type II, III, or IV facility Vocational, and Rehabilitation Programs shall develop written policies and procedures which facilitate cooperation with appropriate public or private Correspondence NA/AA is offered. Legal ☒ ☐ ☐ agencies for individual or family social service assistance is provided by Lexus Nexus. programs for incarcerated persons. Such a program shall utilize the services and resources available in the community and may be in the form of a resource guide or actual service delivery. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 19 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The range and source of such services shall be at the MCSOCP 1000 Inmate Programs and discretion of the facility administrator and may include: Services (a) risk and needs assessments; MCSOCP 1005 Inmate Educational, (b) best practices in: Vocational, and Rehabilitation Programs (1) individual, group or family counseling; (2) drug and alcohol abuse counseling; Correspondence NA/AA is offered. Legal (3) cognitive behavioral interventions; assistance is provided by Lexus Nexus. (4) vocational testing and counseling; (5) employment counseling; The following short-term classes are (6) discharge and reentry planning; available: (c) referral to community resources and programs; · Batterers Intervention Program (d) reentry planning and service development; · Anger Management (e) legal assistance; · Marijuana Awareness (f) regional center services for the developmentally · Cognitive Awareness disabled; and, · Theft and Shoplifting (g) community volunteers. . Personal Responsibility · Substance Abuse ☒ ☐ ☐ · Domestic Violence · Offender Corrections · DUI · Driver Awareness · Employment Also available is Cognitive Behavioral Interventions Substance Use (CBI-SU) · Computer Lab · FAITHS Through Care (coordinated with Probation) A Probation Officer is assigned to work at this facility, and they assist those inmates that will be released on probation with release planning and services. Additionally, those inmates who will have probation as a result of their jail sentence can continue classes when out of custody 1071 VOTING MCSOCP 610 Inmate Voting The facility administrator of a Type I (holding sentenced incarcerated workers) II, III or IV facility shall develop written policies and procedures whereby the county ☒ ☐ ☐ registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES MCSOCP 1015 Religious Programs The facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures to provide ☒ ☐ ☐ opportunities for incarcerated persons to participate in religious services, practices, and counseling on a voluntary basis. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 20 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1073 GRIEVANCE PROCEDURE MCSOCP 609 Grievances (a) Each administrator of a Type II, III, or IV facility and Upon requesting a grievance, inmates Type I facilities which hold incarcerated workers shall complete the form and submit it to a staff develop written policies and procedures whereby all member. The staff member attempts to incarcerated persons have the opportunity and ability address the issue if possible. If to submit and appeal grievances relating to any unsuccessful, the staff member signs the conditions of confinement, including but not limited to: form and provides the inmate with a copy of medical care; classification actions; disciplinary the grievance. Three months of grievances actions; program participation; telephone, mail, and were requested as part of this inspection. visiting procedures; and food, clothing, and bedding. Both the grievances and responses were Such policies and procedures shall include: provided. There are no automated ☒ ☐ ☐ responses to grievances and all grievances reviewed were responded to within a reasonable amount of time. Grievances varied from Classification, staff, inmate services, mail, medical, and several other areas. Each reviewed grievance response addressed the concern noted. Grievances submitted in the Spanish language contained a response in English and in Spanish so the inmate could read the response without requiring help from an interpreter. (1) a grievance form; MCSOCP 609 Grievances ☒ ☐ ☐ (2) instructions for registering and appealing a MCSOCP 609 Grievances grievance, including relevant deadlines; ☒ ☐ ☐ (3) a process for submission and handling of MCSOCP 609 Grievances anonymous grievances; ☒ ☐ ☐ (4) resolution of the grievance at the lowest MCSOCP 609 Grievances appropriate staff level; ☒ ☐ ☐ (5) appeal to the next level of review; MCSOCP 609 Grievances ☒ ☐ ☐ (6) written reasons for denial of grievance at each MCSOCP 609 Grievances level of review which acts on the grievance; ☒ ☐ ☐ (7) provision for a non-automated initial response MCSOCP 609 Grievances within a reasonable time limit which shall not ☒ ☐ ☐ exceed a period of 15 calendar days; (8) provision for resolving questions of jurisdiction MCSOCP 609 Grievances within the facility; ☒ ☐ ☐ (9) provision for providing a copy of the grievance, MCSOCP 609 Grievances appeal, response, and related documents to the ☒ ☐ ☐ incarcerated person; and, (10) The facility manager or designee shall MCSOCP 609 Grievances conduct regular review of grievances, responses, ☒ ☐ ☐ and appeals. (b) Grievance System Abuse: The facility may establish written policy and procedure to control the submission of an excessive number of ☒ ☐ grievances. 1080 RULES AND DISCIPLINARY ACTIONS MCSOCP 600 Inmate Discipline Wherever discipline is administered, each facility administrator shall establish written rules and ☒ ☐ ☐ disciplinary actions to guide the conduct of incarcerated persons. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 21 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such rules and disciplinary actions shall be stated MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline 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. 1081 PLAN FOR DISCIPLINE OF INCARCERATED MCSOCP 600 Inmate Discipline PERSONS Each facility administrator shall develop written policies ☒ ☐ ☐ and procedures for discipline of incarcerated persons. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline 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. MCSOCP 600 Inmate Discipline ☒ ☐ ☐ 2. Placement in disciplinary separation. MCSOCP 600 Inmate Discipline ☒ ☐ ☐ 3. Loss of privileges mandated by regulations. MCSOCP 600 Inmate Discipline ☒ ☐ ☐ A staff member with investigative and disciplinary MCSOCP 600 Inmate Discipline authority shall be designated as a disciplinary officer to ☒ ☐ ☐ impose such consequences. Staff shall not participate in disciplinary review if they MCSOCP 600 Inmate Discipline are involved in the charges. ☒ ☐ ☐ Such charges pending against an incarcerated person MCSOCP 600 Inmate Discipline shall be acted on with the following provisions and ☒ ☐ ☐ within specified timeframes: 1. A copy of the report, or a separate written notice MCSOCP 600 Inmate Discipline of the violation(s), shall be provided to the ☒ ☐ ☐ incarcerated person. 2. Unless declined by the incarcerated person, a MCSOCP 600 Inmate Discipline 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. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 22 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 3. The incarcerated person shall be permitted to MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline hours after an incarcerated person has been ☒ ☐ ☐ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary MCSOCP 600 Inmate Discipline charges by the disciplinary officer, the charges and the action taken shall be reviewed by the ☒ ☐ ☐ facility manager or designee. 6. The incarcerated person shall be advised in a MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline a supervisor on all disciplinary action. ☒ ☐ ☐ (c) Nothing in this section precludes a facility MCSOCP 600 Inmate Discipline administrator from administratively separating any incarcerated person from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in which the safety ☒ ☐ ☐ of the person, 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 MCSOCP 600 Inmate Discipline conditions or restrictions that reasonably relate to a ☒ ☐ ☐ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE MCSOCP 600 Inmate Discipline The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☒ ☐ ☐ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 23 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY ACTIONS MCSOCP 600 Inmate Discipline MCSOCP 711 Mental Health Services The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation. ☒ ☐ ☐ Additionally, there shall be the following limitations: (a) Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1) If a person is on disciplinary separation status MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline 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. (3) If after placement in separation, mental health MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline person or group of incarcerated people to exercise the right of punishment over any other incarcerated person ☒ ☐ ☐ or group of incarcerated people. (Penal Code section 4019.5) (c) In no case shall a safety cell, as specified in Title 24, MCSOCP 600 Inmate Discipline Part 2, 1231.2.5, or any restraint device be used for ☒ ☐ ☐ disciplinary purposes. (d) No incarcerated person may be deprived of the MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline measure. ☒ ☐ ☐ 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 24 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (f) Correspondence privileges shall not be withheld MCSOCP 600 Inmate Discipline 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 MCSOCP 600 Inmate Discipline be suspended as a disciplinary measure. ☒ ☐ ☐ 1084 DISCIPLINARY RECORDS MCSOCP 600 Inmate Discipline Penal Code Section 4019.5 requires that a record is For this inspection, Inmate Discipline kept of all disciplinary actions administered therefore. documents were requested from October, This requirement may be satisfied by retaining copies November, and December 2022 plus of rule violation reports and report of the disposition of January 2023. Of the documents reviewed, each. most inmates requested that no hearing take place. However, on those that requested a hearing, I was not able to determine the evidence used in determining guilt or innocence. BSCC recommends that ☒ ☐ ☐ evidence always be written informing the person of how a determination was made. The form the inmate signs state that a hearing will be scheduled within seven days – this time frame is noncompliant with this regulation. When Merced County Sheriff's Office was advised of this, they immediately changed the form. Prior to the implementation of discipline, each incident is reviewed by a disciplinary officer and a Lieutenant. 1206.5 MANAGEMENT OF COMMUNICABLE MCSOCP 700 Health Care Administrative DISEASES IN A CUSTODY SETTING Meetings and Reports MCSOCP 713 Special Needs Medical (a) The responsible physician, in conjunction with the Treatment facility administrator and the county health officer, shall MCSOCP 714 Communicable Diseases develop a written plan to address the identification, treatment, control and follow-up management of tuberculosis and other communicable diseases. The plan shall cover the intake screening procedures, ☒ ☐ ☐ identification of relevant symptoms, referral for a medical evaluation, treatment responsibilities during incarceration and coordination with public health officials for follow-up treatment in the community. The plan shall reflect the current local incidence of communicable diseases which threaten the health of incarcerated people and staff. (b) Consistent with the above plan, the health MCSOCP 700 Health Care Administrative authority shall, in cooperation with the facility Meetings and Reports administrator and the county health officer, set forth in writing, policies and procedures in conformance with ☒ ☐ ☐ applicable state and federal law, which include, but are not limited to: (1) The types of communicable diseases to be MCSOCP 714 Communicable Diseases reported; ☒ ☐ ☐ (2) The persons who shall receive the medical MCSOCP 700 Health Care Administrative reports; ☒ ☐ ☐ Meetings and Reports 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 25 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Sharing of medical information with MCSOCP 700 Health Care Administrative incarcerated persons and custody staff; Meetings and Reports ☒ ☐ ☐ MCSOCP 713 Special Needs Medical Treatment (4) Medical procedures required to identify the MCSOCP 700 Health Care Administrative presence of disease(s) and lessen the risk of Meetings and Reports exposure to others; ☒ ☐ ☐ MCSOCP 713 Special Needs Medical Treatment (5) Medical confidentiality requirements; MCSOCP 700 Health Care Administrative ☒ ☐ ☐ Meetings and Reports (6) Housing considerations based upon behavior, MCSOCP 700 Health Care Administrative medical needs, and safety of the affected Meetings and Reports ☒ ☐ ☐ incarcerated persons; (7) Provisions for consent by an incarcerated MCSOCP 700 Health Care Administrative person that address the limits of confidentiality; Meetings and Reports ☒ ☐ ☐ and, (8) Reporting and appropriate action upon the MCSOCP 700 Health Care Administrative possible exposure of custody staff to a Meetings and Reports ☒ ☐ ☐ communicable disease. 1211 SICK CALL MCSOCP 701 Access to Health Care MCSOCP 702 Non-Emergency Health The facility administrator, in cooperation with the health Care Requests and Services authority, shall develop written policies and MCSOCP 714 Communicable Diseases procedures, which provide daily sick call for all ☒ ☐ ☐ incarcerated persons or provision made that any Sick Call is never canceled due to low incarcerated person requesting medical/mental health staffing. The nursing staff is trained to attention be given such attention. handle mental health issues for after-hours care. 1240 FREQUENCY OF SERVING MCSOCP 900 Food Services In Temporary Holding, Type I, II, and III facilities, and The dinner and breakfast meals are served those Type IV facilities where food is served, food shall 12 hours apart. be served three times in any 24-hour period. At least one of these meals shall include hot food. Supplemental food must be served to incarcerated ☒ ☐ ☐ persons if more than 14 hours pass between evening and morning meals. Additionally, supplemental food must be served to people on medical diets in less than the time period outlined above, if prescribed by the responsible physician. A minimum of fifteen minutes shall be allowed for the MCSOCP 900 Food Services actual consumption of each meal except for those on medical diets where the responsible physician has ☒ ☐ ☐ prescribed additional time. Provisions shall be made for incarcerated persons who MCSOCP 900 Food Services may miss a regularly scheduled facility meal. They shall be provided with a substitute meal and beverage, and ☒ ☐ ☐ on medical diets shall be provided with their prescribed meal. 1260 STANDARD INSITUTIONAL CLOTHING MCSOCP 807 Incarcerated Person Hygiene The standard issue of climatically suitable clothing to incarcerated people held after arraignment in all but ☒ ☐ ☐ Court Holding, Temporary Holding, and Type IV facilities shall include, but not be limited to: (a) Clean socks and footwear; MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (b) Clean outergarments; and, MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 26 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Clean undergarments; MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (1) For males – shorts and undershirt, and MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (2) For females – bra and two pairs of panties. MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene The person’s personal undergarments and footwear MCSOCP 807 Incarcerated Person may be substituted for the institutional undergarments Hygiene and footwear specified in this regulation. This option notwithstanding, the facility has the primary ☒ ☐ ☐ responsibility to provide the personal undergarments and footwear. All issued and exchanged clothing shall be clean and MCSOCP 807 Incarcerated Person free of holes or tears, reasonably fitted, durable, easily Hygiene laundered and repaired. Undergarments shall be clean, free of holes or tears, and substantially free of stains. ☒ ☐ ☐ Individuals shall be able to select the garment type more compatible with their gender identity and gender expression. 1264 CONTROL OF VERMIN IN PERSONAL MCSOCP 805 Vermin and Pest Control CLOTHING There shall be written policies and procedures developed by the facility administrator to control contamination and/or spread of vermin in all ☒ ☐ ☐ incarcerated people’s personal clothing. Infested clothing shall be cleaned, disinfected, or stored in a closed container so as to eradicate or stop the spread of vermin. 1265 ISSUE OF PERSONAL CARE ITEMS MCSOCP 607 Grooming MCSOCP 807 Incarcerated Person There shall be written policies and procedures Hygiene developed by the facility administrator for the issue of personal hygiene items. Each menstruating person shall be provided with sanitary napkins, panty liners, ☒ ☐ ☐ and tampons as requested with no maximum allowance. Each person to be held over 24 hours who is unable to supply themself with the following personal care items, because of either indigency or the absence of a canteen, shall be issued: (a) Toothbrush, MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (b) Dentifrice, MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (c) Soap, MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (d) Comb, and MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (e) Shaving implements. MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene Personal care items shall be issued within the first 12 MCSOCP 807 Incarcerated Person hours of housing assignment. Incarcerated persons Hygiene shall not be required to share any personal care items ☒ ☐ ☐ listed in items “a” through “d.” 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 27 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Incarcerated people will not share disposable razors. MCSOCP 807 Incarcerated Person Double edged safety razors, electric razors, and other Hygiene shaving instruments capable of breaking the skin, when shared among incarcerated people, must be disinfected between individual uses by the method ☒ ☐ ☐ prescribed by the State Board of Barbering and Cosmetology in Sections 979 and 980, Division 9, Title 16, California Code of Regulations. 1266 SHOWERING MCSOCP 607 Grooming MCSOCP 807 Incarcerated Person There shall be written policies and procedures Hygiene developed by the facility administrator for showering/bathing. Incarcerated persons shall be ☒ ☐ ☐ permitted to shower/bathe upon assignment to a housing unit and at least every other day or more often if possible. Absent exigent circumstances, no person shall be MCSOCP 807 Incarcerated Person prohibited from showering at least every other day Hygiene following assignment to a housing unit. If showering is prohibited, it must be approved by the facility manager ☒ ☐ ☐ or designee, and the reason(s) for prohibition shall be documented. 1267 HAIR CARE SERVICES MCSOCP 607 Grooming MCSOCP 807 Incarcerated Person ☒ ☐ ☐ (a) Hair care services shall be available. Hygiene (b) Except those who may not shave for reasons of MCSOCP 607 Grooming identification in court, incarcerated people shall be MCSOCP 807 Incarcerated Person allowed to shave daily and receive hair care services at Hygiene least once a month. The facility administrator may ☒ ☐ ☐ suspend this requirement in relation to people who are considered to be a danger to themselves or others. (c) Equipment shall be disinfected, after each use, by a MCSOCP 607 Grooming method approved by the State Board of Barbering and MCSOCP 807 Incarcerated Person Cosmetology to meet the requirements of Title 16, Hygiene ☒ ☐ ☐ Division 9, Sections 979 and 980, California Code of Regulations. 1270 STANDARD BEDDING AND LINEN ISSUE MCSOCP 807 Incarcerated Person Hygiene The standard issue of clean suitable bedding and linens, 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 MCSOCP 807 Incarcerated Person requirements of Section 1272 of these regulations; ☒ ☐ ☐ Hygiene (b) one mattress cover or one sheet; MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (c) one towel; and, MCSOCP 807 Incarcerated Person ☒ ☐ ☐ Hygiene (d) one blanket or more depending up on climatic MCSOCP 807 Incarcerated Person conditions. ☒ ☐ ☐ Hygiene Policy and procedure shall require that items (a), (b), MCSOCP 807 Incarcerated Person and (d) above be provided prior to the first night in the Hygiene ☒ ☐ ☐ facility. Two blankets or sleep bag may be issued in place of MCSOCP 807 Incarcerated Person one mattress cover or one sheet at the request of the Hygiene ☒ ☐ ☐ incarcerated person. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 28 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND MCSOCP 800 Sanitation Inspections MAINTENANCE Overall lack of maintenance exists at this The facility administrator shall develop written policies facility. Broken porcelain toilets and sinks and procedures for the maintenance of an acceptable throughout the dormitories. Not all showers level of cleanliness, repair and safety throughout the ☐ ☒ ☐ are functioning. Some holes were covered, facility. Such a plan shall provide for a regular schedule while others were left open. This was of housekeeping tasks and inspections to identify and noncompliant for the previous inspection correct unsanitary or unsafe conditions or work and the noncompliance continues. practices which may be found. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 29 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot DETENTION OF MINORS YES NO N/A P/P/REFERENCE - COMMENTS Are minors held in this facility? Minors are not held at this facility. If yes, the following sections including those summarizing the regulations identified in Title 15, Article 8 of these regulations apply (Minors in Jails). ☐ ☐ ☒ Note: Reference PC § 207.1(b), 207.6, 707.1 42 USC 5633 SECTION 223(a)(12) SEPARATION Minors are not held at this facility. Juveniles are not confined or detained in any facility in which they have contact with adult prisoners. ☐ ☐ ☒ Reference: WIC 208 1101 RESTRICTIONS ON CONTACT WITH Minors are not held at this facility. INCARCERATED ADULTS The facility administrator shall establish policies and procedures to restrict sight and sound contact, as defined in Section 1006, between detained minors and adults confined in the facility. The policies and procedures should consider trauma-informed approaches in protecting minors from contact. ☐ ☐ ☒ In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of incarcerated people) shall maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. The above restrictions do not apply to minors who are participating in supervised program activities pursuant to Section 208 (c) of the Welfare and Institutions Code. 1102 CLASSIFICATION Minors are not held at this facility. The facility administrator shall develop and implement a written plan designed to provide for the safety of staff ☐ ☐ ☒ and minors held at the facility. The plan shall include the following: (a) a procedure for receiving and transmitting information regarding minors who present a risk or hazard to self or others while confined at the facility, and the separation of ☐ ☐ ☒ such minors to the extent possible within the limits of the facility. (b) a procedure to provide care for any minor who appears to be in need of or who requests medical, mental health, or developmental disability treatment. Written procedures shall be established by the responsible ☐ ☐ ☒ health administrator in cooperation with the facility administrator. (c) a suicide prevention program designed to identify, monitor, and provide treatment to those minors who ☐ ☐ ☒ present a suicide risk. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 30 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot (d) provide that minors be housed separately from adults and not be allowed to come or remain in contact with adults except as provided in Section 208(c) of the ☐ ☐ ☒ Welfare and Institutions Code. 1103 RELEASE PROCEDURES Minors are not held at this facility. Facility staff shall notify the parents or guardians prior to the release of a minor. The minor's personal clothing and ☐ ☐ ☒ valuables shall be returned to the minor, parents or guardian, upon the minor's release or consent. 1104 SUPERVISION OF MINORS Minors are not held at this facility. The facility administrator shall develop and implement ☐ ☐ ☒ policy and procedures that provide for: (a) continuous around-the-clock supervision of minors with assurance that staff can hear and respond; and, ☐ ☐ ☒ (b) safety checks of minors at least once every 30 minutes. These safety checks shall include the direct visual observation of movement and skin. Safety checks shall not be replaced, but may be supplemented by, an audio/visual electronic surveillance system designed to ☐ ☐ ☒ detect overt, aggressive, or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented. 1105 RECREATIONAL PROGRAMS Minors are not held at this facility. The facility administrator shall develop written policies and procedures to provide a recreation program that shall protect the welfare of minors and incarcerated ☐ ☐ ☒ adults, recognize facility security needs and comply with minimum jail standards for recreation (California Code of Regulations, Title 15, Section 1065). 1106 DISCIPLINARY PROCEDURES Minors are not held at this facility. Nothing in this regulation shall prevent the administrator from removing a detained minor from the general population or program for reasons of the minor's mental or physical health; or under any circumstances in which ☐ ☐ ☒ the safety of the minor, incarcerated adults, staff, the program or community is endangered, pending a disciplinary action or review. With the exceptions noted below, the provisions of Section 1080-1084 shall apply when a minor is involved in disciplinary actions. (a) Pursuant to Welfare and Institutions Code Section 208.3, minors may not be placed in room confinement ☐ ☐ ☒ for disciplinary purposes. (b) Permitted forms of discipline include: (1) temporary loss of privileges; and, ☐ ☐ ☒ (2) loss of privileges mandated by applicable regulations. ☐ ☐ ☒ (c) Access to visitation and recreation shall be restricted only after a second level review by a supervisor or manager and shall not extend beyond five days without ☐ ☐ ☒ subsequent review. (d) Prohibited forms of discipline include: (1) discipline that does not fit the violation; ☐ ☐ ☒ (2) corporal punishment; ☐ ☐ ☒ (3) discipline imposed by incarcerated persons; ☐ ☐ ☒ 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 31 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot (4) placement in safety cells, sobering cells, or any other cell not specifically designated for the ☐ ☐ ☒ detention of minors; (5) deprivation of food; and, ☐ ☐ ☒ (6) room confinement. ☐ ☐ ☒ 1120 EDUCATION PROGRAM FOR MINORS IN Minors are not held at this facility. JAILS Whenever a minor is held in a Type II or III facility, the facility administrator shall coordinate with the County ☐ ☐ ☒ Department of Education or County Superintendent of Schools to provide education programs as required by Section 48200 of the Education Code. 1122.5 PREGNANT MINORS Minors are not held at this facility. (a) The health administrator, in cooperation with the facility administrator, shall develop written policies and ☐ ☐ ☒ procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant minors. The policy shall address requirements ☐ ☐ ☒ of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery or termination of the pregnancy shall not be restrained by the use of leg or waist ☐ ☐ ☒ restraints, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the ☐ ☐ ☒ safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, delivery, or recovery after ☐ ☐ ☒ delivery or termination of the pregnancy determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, they shall be advised, orally or in writing, of the standards and policies governing pregnant ☐ ☐ ☒ minors. 1047 SERIOUS ILLNESS OR INJURY OF A Minors are not held at this facility. MINOR IN AN ADULT DETENTION FACILITY The facility administrator shall develop policy and procedures for notification of the court of jurisdiction ☐ ☐ ☒ and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 3190 Merced John Latorraca Correctional Center II PRO 23-24 Page 32 of 32 A353 Type II & III PRO eff. 1/2023 (23-24).dot ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code:3215 FACILITY: Merced County Superior Court TYPE: CH RC: (56) FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/04/2023 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 Second Floor Court Holding 1 Holding 2010 1 0 6 (6) [119”x83”] x 105” 1 1 1 Note: Bench = 83” + 42” = 125”/18” = 6; 68.59 SF/10 = Capacity of 6. (20-22) Previously identified as cell 215. 2 Holding 2010 1 0 7 (7) [119”x85”] x 105” 1 1 1 Note: Bench = 85” + 46” = 131”/18” = 7; 70.24 SF/10 = Capacity of 7. (20-22) Previously identified as cell 218 3 Holding 2010 1 0 7 (7) [120”x84”] x 105” 1 1 1 Note: Bench = 84” + 46” = 130”/18” = 7; 70.00 SF/10 = Capacity of 7. (20-22) Previously identified as cell 219. 4 Holding 2010 1 0 6 (6) [118”x84”] x 105” 1 1 1 Note: Bench = 84” + 46” = 130”/18” = 7; 68.83 SF/10 = Capacity of 6. (20-22) Previously identified as cell 220. 5 Holding 2010 1 0 4 (4) [118”x84”] x 105” 1 1 1 ADA, Note: Bench = 87” = 87”/18” = 4; 68.83 SF/10 = Capacity of 4. (20-22) Previously identified as cell 221 6 Holding 2010 1 0 7 (7) [120”x84”] x 105” 1 1 1 Note: Bench = 84” + 46” = 130”/18” = 7; 70.00 SF/10 = Capacity of 7. (20-22) Previously identified as cell 222. 7 Holding 2010 1 0 6 (6) [118”x84”] x 105” 1 1 1 Note: Bench = 84” + 46” = 130”/18” = 7; 68.83 SF/10 = Capacity of 6. (20-22) Previously identified as cell 223). 8 Holding 2010 1 0 6 (6) [106”x87”] x 105” 1 1 1 Note: Bench = 87” + 46” = 133”/18” = 7; 64.04 SF/10 = Capacity of 6. (20-22) Previously identified as cell 228. 9 Holding 2010 1 0 7 (7) [119”x87”] x 105” 1 1 1 Note: Bench = 87” + 46” = 133”/18” = 7; 71.90 SF/10 = Capacity of 7. Previously identified as cell 229. *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. 3215 Merced Superior Court CH LASE 23-24 - 1 - ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005; 2008 BSCC Code: 3215 FACILITY NAME: Merced County Superior Court FACILITY TYPE: CH APPLICABLE REGULATIONS (Check All That 6/94: 2/99: 2001: 2005: 2010: X Other: Apply): FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/04/2023 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) (NA in CH) Contains a weapons locker outside the security X perimeter of the facility designed as outlined in these regulations. Contains a cell or room for confinement pending X booking Contains a detoxification cell (WA in TH) 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH) X Shower room available 2-99: Access to shower must be within the secure X area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running X water for staff use Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear X ceiling height of 8 feet or more Contains sufficient seating to accommodate all X inmates Contains water closet (toilet), washbasin, and drinking X fountain as specified by these regulations Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or X more Temporary Staging Cell or Room (2.3) Holds inmates classified and segregated per Title 15 § X 1050 and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X Contains 10 square feet of floor area per inmates and X has a clear ceiling height of 8 feet or more. 3215 Merced Superior Court CH PHY 23-24 - 1 - TITLE 24 SECTION YES NO N/A COMMENTS Is at least 160 square feet X Contains sufficient seating to accommodate all X inmates Contains water closets (toilets), wash basins and X drinking fountains as specified by these regulations Provides for clear visual supervision by staff X Sobering Cell (2.4) 01: Name change to “sobering cell” X Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear X ceiling height of 8 feet or more Contains a water closet (toilet) wash basin and X drinking fountain as specified by these regulations Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure portion of X the facility. Safety Cell (2.5) Contains 48 square feet with one floor dimension of a X least 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the X floor, with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which X provide a view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from X the bottom of the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible X to inmate occupant. Safety Equipment Storage (2.19) Adequate space is provided to store equipment such X as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Lockable, containing a mop sink and storage space X 01: Mop sink may be separate from janitors’ closet 3215 Merced Superior Court CH PHY 23-24 - 2 - TITLE 24 SECTION YES NO N/A COMMENTS Audio or Visual Monitoring (2.22) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is use, it is located primarily in corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. 08: Audio monitoring system shall be located in X 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, capable of alerting personnel who can respond immediately. Central control requirement deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and X maintaining fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in X holding and staging cells. See regulation for calculations of urinal substitutions. 2:99: Privacy requirement deleted Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See X regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Available in each temporary holding, staging X and sobering cell. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the X water outlet (bubbler). 2-99: Mouth guard requirement deleted Showers (3.4) (NA in CH) Available in the security area; provide hot and cold or tempered water; shower stalls/areas are designed and X constructed of materials that are impervious to water and soap so that they may be easily cleaned. 3215 Merced Superior Court CH PHY 23-24 - 3 - TITLE 24 SECTION YES NO N/A COMMENTS Beds/Bunks (3.5) (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type X or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Must have a solid bottom. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) Windows that are accessible to inmates are no greater X than 5 inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification- sobering cells. In safety cells, floors, doors, walls and X everything on them are padded. All padded cells are equipped with a tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or X laminated construction; firmly bonded to all surfaces; and, without exposed seams. Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are X provided per inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) A secure weapons locker is located outside the security perimeter of the facility. Lockers have individual compartments, locks and keys. X 08: “No weapons are brought into the security area” deleted from the regulation. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific X requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 3215 Merced Superior Court CH PHY 23-24 - 4 - COURT HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3215 FACILITY NAME: Merced County Superior Court FACILITY TYPE: CH PERSON(S) INTERVIEWED: Deputy Reyes, John Hendon, COII Graham FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/04/23 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY MCSICP 306 Training HOLDING FACILITY TRAINING Merced County Sheriff’s Office is compliant At a minimum, all supervisors of, and personnel who with this regulation per STC. supervise incarcerated persons in, a Court Holding or Temporary Holding facility shall complete eight hours of This court holding facility has two correctional specialized corrections training. officers assigned. They receive and attend the same training as all other correctional Such training shall include, but not be limited to: officers. (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. 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 MCSICP 306 Training in any event not more than six months after the date of assigned responsibility. 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. A total of eight hours of refresher training shall be MCSICP 306 Training completed every two years. Successful completion of the ☒ ☐ ☐ requirements in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. 1027 NUMBER OF PERSONNEL MCSOCP 202 Supervision of Inmates – Minimum Requirements A sufficient number of personnel shall be employed in MCSOCP 224 Staffing Plan ☒ ☐ ☐ 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. 3215\Merced County\Superior Court\CH\PRO\23-24 Page 1 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is a person in custody, there shall be at MCSOCP 202 Supervision of Inmates – least one employee on duty at all times in a local detention Minimum Requirements facility or in the building which houses a local detention ☒ ☐ ☐ MCSOCP 224 Staffing Plan facility who shall be immediately available and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties which MCSOCP 202 Supervision of Inmates – would conflict with the supervision and care of ☒ ☐ ☐ Minimum Requirements incarcerated people in the event of an emergency. MCSOCP 224 Staffing Plan Whenever one or more females are in custody, there shall MCSOCP 202 Supervision of Inmates – be at least one female employee who shall be Minimum Requirements ☒ ☐ ☐ immediately available and accessible to such females. MCSOCP 224 Staffing Plan Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel MCSOCP 202 Supervision of Inmates – for a specific facility, the facility administrator shall Minimum Requirements prepare and retain a staffing plan indicating the personnel MCSOCP 224 Staffing Plan assigned in the facility and their duties. Such a staffing ☒ ☐ ☐ plan shall be reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS MCSOCP 504 Inmate Safety Checks The facility administrator shall develop and implement ☒ ☐ ☐ policy and procedures for conducting safety checks that include, but are not limited to, the following: (a) Safety checks will determine the safety and well-being MCSOCP 504 Inmate Safety Checks of individuals and shall be conducted at least hourly ☒ ☐ ☐ through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse MCSOCP 504 Inmate Safety Checks ☒ ☐ ☐ between safety checks. (c) Safety checks for people in sobering cells, safety MCSOCP 504 Inmate Safety Checks cells, and restraints shall occur more frequently as ☒ ☐ ☐ outlined in section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied MCSOCP 504 Inmate Safety Checks ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the MCSOCP 504 Inmate Safety Checks documentation of all safety checks. Documentation shall ☒ ☐ ☐ include: (1) the actual time at which each individual safety MCSOCP 504 Inmate Safety Checks ☒ ☐ ☐ check occurred; (2) the location where each individual safety check MCSOCP 504 Inmate Safety Checks occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff MCSOCP 504 Inmate Safety Checks ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are Safety checks are made in the same reviewed at regular defined intervals by a supervisor or manner as the jail facilities. A review of facility manager, including methods of mitigating patterns ☒ ☐ ☐ safety checks identifies that they are of inconsistent documentation, or untimely completion of, conducted within a 60-minute time frame safety checks. whenever inmates are in the facility. 1028 FIRE AND LIFE SAFETY STAFF MCSOCP 402 Fire Safety Whenever there is a person in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the Board for general fire and life safety. [Penal Code section 6030(c)]. 3215\Merced County\Superior Court\CH\PRO\23-24 Page 2 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager shall ensure that there is at least one MCSOCP 402 Fire Safety person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Merced County Sheriff’s Office Corrections Policy (MCSOCP) Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy Updated/Reviewed: 01/24/23. and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively Merced County Sheriff’s Policy Manual reviewed and updated at least every two years. Such a ☒ ☐ ☐ (MCSPM) manual shall be made available to all employees. Updated/Reviewed: 12/05/22. The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections d does not apply and has been deleted. (a) The manual shall provide for, but not be limited to, the MCSOCP 100 Organizational Structure and following: Responsibility ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility MCSOCP 102 Annual Review and administrator/manager. Performance-Based Goals and Objectives ☒ ☐ ☐ MCSOCP 215 Administrative and Supervisory Inspections (3) Policy on the use of force that meets current state MCSOCP 511 Use of Force and federal legal requirements and includes ☒ ☐ ☐ prohibition of the use of carotid restraint and choke holds. (4) Policy on the use of restraint equipment, including MCSOCP 509 Conducted Energy Device the restraint of pregnant persons as referenced in ☒ ☐ ☐ MCSOCP 512 Use of Restraints Penal Code Section 3407. MCSOCP 513 Electronic Restraints (6) Security and control including physical counts of MCSOCP 501 Inmate Counts and searches of the facility and incarcerated MCSOCP 506 Civil Detainees persons, contraband control, and key control. Each MCSOCP 514 Searches facility administrator shall, at least annually, review, MCSOCP 216 Perimeter and Facility evaluate, and make a record of security measures. ☒ ☐ ☐ Security The review and evaluation shall include internal and MCSOCP 606 Prison Rape Elimination Act external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: ☒ ☐ ☐ (A) fire suppression preplan as required by section 1032 of MCSOCP 402 Fire Safety ☒ ☐ ☐ these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ MCSOCP 400 Facility Emergencies (C) mass arrests; ☒ ☐ ☐ MCSOCP 400 Facility Emergencies (D) natural disasters; ☒ ☐ ☐ MCSOCP 400 Facility Emergencies (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ MCSOCP 402 Fire Safety (F) storage, issue, and use of weapons, ammunition, MCSOCP 507 Management of Weapons ☒ ☐ ☐ chemical agents, and related security devices. and Control Devices (8) Suicide Prevention. MCSOCP 711 Mental Health Services ☒ ☐ ☐ MCSOCP 720 Suicide Prevention and Intervention (9) Separation of incarcerated persons. MCSOCP 505 Special Management ☒ ☐ ☐ Inmates MCSOCP 508 Inmate Classification 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3215\Merced County\Superior Court\CH\PRO\23-24 Page 3 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (10) Zero tolerance in the prevention of sexual abuse MCSOCP 606 Prison Rape Elimination Act ☒ ☐ ☐ and sexual harassment. (11) Policy and procedure to detect, prevent, and MCSOCP 606 Prison Rape Elimination Act respond to retaliation against any staff or person after ☒ ☐ ☐ MCSOCP 111 Anti-Retaliation reporting any abuse. (12) Release policy, including release planning for MCSOCP 521 End-of-Term Release incarcerated persons. ☒ ☐ ☐ MCSOCP 522 Over-Detention and Inadvertent Releases (b) The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ☒ ☐ ☐ ensure confidentiality. (c) The manual for court holding facilities shall include all of the procedures listed in subsection (a), except number ☒ ☐ ☐ (5) (which has been deleted). (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be ☒ ☐ ☐ limited to, the following: (1) multiple internal ways for incarcerated people to MCSOCP 606 Prison Rape Elimination Act privately report sexual abuse and sexual harassment, retaliation by other incarcerated 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, MCSOCP 606 Prison Rape Elimination Act family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ harassment. The method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM MCSOCP 711 Mental Health Services MCSOCP 720 Suicide Prevention and The facility shall have a comprehensive written suicide Intervention prevention program developed by the facility ☒ ☐ ☐ administrator, in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct MCSOCP 720 Suicide Prevention and ☒ ☐ ☐ contact with inmates. Intervention (b) Intake screening for suicide risk immediately upon MCSOCP 502 Inmate Reception ☒ ☐ ☐ intake and prior to housing assignment. MCSOCP 710 Medical Screening (c) Provisions facilitating communication among MCSOCP 729 Inmate Health Care arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ Communication mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of MCSOCP 505 Special Management suicide. Inmates ☒ ☐ ☐ MCSOCP 729 Inmate Health Care Communication (e) Supervision depending on level of suicide risk. MCSOCP 505 Special Management ☒ ☐ ☐ Inmates (f) Suicide attempt and suicide intervention policies and MCSOCP 711 Mental Health Services procedures. ☒ ☐ ☐ MCSOCP 720 Suicide Prevention and Intervention (g) Provisions for reporting suicides and suicides MCSOCP 516 Reporting In-Custody Deaths ☒ ☐ ☐ attempts. (h) Multi-disciplinary administrative review of suicides and MCSOCP 721 Inmate Death – Clinical Care ☒ ☐ ☐ attempted suicides as defined by the facility administrator. Review 3215\Merced County\Superior Court\CH\PRO\23-24 Page 4 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING MCSOCP 402 Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire MCSOCP 402 Fire Safety department to be included as part of the policy and ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff basis Monthly fire prevention inspections are not with two year retention of the inspection record; ☐ ☒ ☐ currently conducted. BSCC recommends that this be performed and documented. (c) fire prevention inspections as required by Health and MCSOCP 402 Fire Safety Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ MCSOCP 404 Evacuation (e) a plan for the emergency housing of incarcerated MCSOCP 404 Evacuation ☒ ☐ ☐ people in the case of fire. 1044 INCIDENT REPORTS MCSOCP 210 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. Such records shall include the names of the persons MCSOCP 210 Report Preparation involved, a description of the incident, the actions taken, ☒ ☐ ☐ and the date and time of the occurrence. Such a written record shall be prepared by the staff No reports were written at this court holding assigned to investigate the incident and submitted to the ☒ ☐ ☐ facility. facility manager or designee. 1046 DEATH IN CUSTODY MCSOCP 721 Inmate Death – Clinical Care Review (a) Death in Custody Reviews for Adults and Minors. MCSOCP 726 Continuous Quality The facility administrator, in cooperation with the health Improvement administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team at a minimum shall include the facility administrator or designee, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness MCSOCP 721 Inmate Death – Clinical Care of clinical care; whether changes to policies, procedures, Review ☒ ☐ ☐ or practices are warranted; and to identify issues that MCSOCP 726 Continuous Quality require further study. Improvement (b) Death of a Minor Minors are not held at this facility. In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section ☐ ☐ ☒ 12525. A copy of the report shall be submitted within 10 calendar days after the death. 3215\Merced County\Superior Court\CH\PRO\23-24 Page 5 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 MCSOCP 505 Special Management Inmates (b) Each administrator of a court holding facility shall MCSOCP 508 Inmate Classification establish and implement a written plan designed to provide for the safety of staff and people held and housed at the facility. The plan shall include receiving and ☒ ☐ ☐ transmitting of information regarding incarcerated persons who represent unusual risk or hazard while confined at the facility, and the separation of such persons to the extent possible within the limits of the court holding facility. (c) In deciding housing and programming assignments, MCSOCP 505 Special Management the agency shall consider on a case-by-case basis Inmates whether a placement would ensure the health and safety MCSOCP 508 Inmate Classification of the incarcerated person, and whether the placement ☒ ☐ ☐ would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES MCSOCP 710 Medical Screening MCSOCP 714 Communicable Diseases The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed At the time of intake into the facility, an inquiry shall be MCSOCP 710 Medical Screening made of the person being booked as to whether the person 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 medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION MCSOCP 711 Mental Health Services The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures to identify and evaluate all incarcerated people who may be in behavioral crisis. Evaluation of behavioral crisis may include telehealth. If an evaluation from medical or mental health staff is not MCSOCP 712 Mental Health Screening and readily available, an incarcerated person shall be Evaluation considered in behavioral crisis for the purpose of this ☒ ☐ ☐ section if they appear to be a danger to themselves or others or appear gravely disabled. An evaluation from medical or mental health staff shall be MCSOCP 712 Mental Health Screening and secured within 24 hours of identification or at the next ☒ ☐ ☐ Evaluation daily sick call, whichever is earliest. Separation may be used if necessary, to protect the safety MCSOCP 505 Special Management ☒ ☐ ☐ of the person in crisis or others. Inmates 3215\Merced County\Superior Court\CH\PRO\23-24 Page 6 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEPARATION MCSOCP 505 Special Management Inmates Except for Type IV facilities, facility administrators shall MCSOCP 508 Inmate Classification develop and implement policies and procedures for the ☒ ☐ ☐ MCSOCP 600 Inmate Discipline administrative separation of incarcerated people. There are no administrative separation cells Policies and procedures must include: at this court holding 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. (b) Administrative separation must not adversely affect ☐ ☐ ☒ an incarcerated person’s health. (c) Administrative separation may be used for incarcerated people who have: (1) A documented history of activity or behavior, or promoting such activity or behavior, that is criminal in nature, disruptive to facility operations, or affects the safety of the facility, other incarcerated people, and facility staff. (2) Influenced or participated in activity that is criminal in nature, disruptive to facility operations or ☐ ☐ ☒ affects the safety of the facility, other incarcerated people, and facility staff. (3) Committed assault, attempted assault, or participated in a conspiracy to assault or harm other incarcerated persons or facility staff. (4) A history of escape or have recently attempted escape. (5) A demonstrated need for protection from other incarcerated people. (d) Documentation indicating the necessity of administrative separation to obtain the objective of ☐ ☐ ☒ protecting the welfare of incarcerated people and facility staff. (e) A documented individualized ongoing review and evaluation of the need to continue placement in ☐ ☐ ☒ administrative separation. 1057 DEVELOPMENTAL DISABILITIES MCSOCP 602 Inmates with Disabilities MCSOCP 713 Special Needs Medical The facility administrator, in cooperation with the Treatment responsible physician, shall develop written policies and MCSOCP 711 Mental Health Services ☒ ☐ ☐ procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the regional Contact with the regional center is made at center for any incarcerated person suspected or the jail. confirmed to have a developmental disability for the ☒ ☐ ☐ purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 3215\Merced County\Superior Court\CH\PRO\23-24 Page 7 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES MCSOCP 512 Use of Restraints The facility administrator, in cooperation with the Restraints, as defined by this regulation, are responsible physician, shall develop and implement not used at this facility. written policies and procedures for the use of restraint devices. Restraint devices include any devices which immobilize extremities or prevent the incarcerated person ☒ ☐ ☐ from being ambulatory. The provisions of this section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: ☐ ☐ ☒ (1) acceptable restraint devices; ☐ ☐ ☒ (2) signs or symptoms which should result in immediate medical/mental health referral; ☐ ☐ ☒ availability 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. (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. 3215\Merced County\Superior Court\CH\PRO\23-24 Page 8 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 MCSOCP 512 Use of Restraints MCSOCP 705 Health Care for Pregnant The facility administrator, in cooperation with the Inmates responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant Restraints, as defined by this regulation, are people. In accordance with Penal Code Section 3407, the not used at this facility. policy shall include reference to the following: (1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the ☐ ☐ ☒ pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (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. 1068 ACCESS TO COURTS AND COUNSEL MCSOCP 603 Inmates Access to Courts and Counsel The facility administrator shall develop written policies ☒ ☐ ☐ and procedures to ensure incarcerated persons have access to the court and to legal counsel. Such access shall consist of: (b) confidential consultation with attorneys. MCSOCP 603 Inmates Access to Courts ☒ ☐ ☐ and Counsel 3215\Merced County\Superior Court\CH\PRO\23-24 Page 9 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND MCSOCP 800 Sanitation Inspections MAINTENANCE The facility administrator shall develop written policies and 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. DETENTION OF MINORS ☐ ☐ ☒ Minors are not held at this facility. Are minors held in this facility? If yes, the following sections, including those summarized in Title 15, Article ☐ ☐ ☒ 10, apply (Minors in Court Holding Facilities.) 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the ☐ ☐ ☒ facility administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☐ ☒ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for ☐ ☐ ☒ the safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant minors. 1161 CONDITIONS OF DETENTION Minors are not held at this facility. ☐ ☐ ☒ Court holding facilities shall be designed to provide the following: (a) Separation of minors from adults in accordance with ☐ ☐ ☒ Section 208 of the Welfare and Institutions Code. (b) Separation of minors in accordance with an ☐ ☐ ☒ established classification plan. (c) Secure non-public access, movement within and egress. If the same entrance/exit is used by both minors ☐ ☐ ☒ and adults, movements shall be scheduled in such a manner that there is no opportunity for contact. 3215\Merced County\Superior Court\CH\PRO\23-24 Page 10 of 11 A350 CH PRO eff. 1/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An existing court holding facility built in accordance with construction standards at the time of construction shall be considered as being in compliance with this article unless the condition of the structure is determined by the appropriate authority to be dangerous to life, health, or ☐ ☐ ☒ welfare of minors. Upon notification of noncompliance with this section, the facility administrator shall develop and submit a plan for corrective action to the Board within 90 days. 1162 SUPERVISION OF MINORS Minors are not held at this facility. A sufficient number of personnel shall be employed in each facility to permit unscheduled safety checks of all minors at least twice every 30 minutes, and to ensure the implementation and operation of the activities required by these regulations. There shall be a written plan that includes the documentation and review of safety checks. ☐ ☐ ☒ 1163 CLASSIFICATION Minors are not held at this facility. The administrator of a court holding facility shall establish and implement a written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include receiving and transmitting of information ☐ ☐ ☒ regarding minors who represent a risk or hazard to self or others while confined at the facility, and the separation of such minors to the extent possible within the limits of the court holding facility, and for the separation of minors from any adults confined there as required by Section 208 of the Welfare and Institutions Code. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR Minors are not held at this facility. IN AN ADULT DETENTION FACILITY The facility administrator shall develop policy and ☐ ☐ ☒ procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 3215\Merced County\Superior Court\CH\PRO\23-24 Page 11 of 11 A350 CH PRO eff. 1/2023 (23-24).dot