Merced County Los Banos PD I Comprehensive Insp (2023-2024 inspection cycle)

April 5, 2024 Ray Reyna, Chief of Police Los Banos Police Department 1111 G Street Los Banos, CA, 93635 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, LOS BANOS POLICE DEPARTMENT DETENTION FACILITY Dear Chief Reyna: The 2023-2024 Comprehensive Inspection of the Los Banos City Police Department has been completed. The following facility was inspected on Thursday, April 4, 2024: FACILITY NAME BSCC # FACILITY TYPE Los Banos Police Department 3202 I This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, 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 inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). The results of those inspections are considered a part of this report. INSPECTION RESULTS We identified the following item of noncompliance with Title 15 Minimum Standards: Title 15, Section 1027.5 Safety Checks: No documented process for supervisor review of safety checks. Refer to the attached Procedures Checklist for detailed information. There were no items identified as noncompliant with Title 24 Minimum Standards. Refer to the Physical Plant Evaluation (PHY) and Living Area Space Evaluation (LASE) attachments for information related to Rated Capacity and Title 24 compliance. Ray Reyna Chief of Police Page 2 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 Thursday, April 4, 2024; 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. * * * 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 Cc: Presiding Judge, Merced County Superior Court* Grand Jury, Merced County* Chair, City Counsel, City of Los Banos* City of Los Banos, Manager* Ramon McDonald, Sergeant, Los Banos Police Department (email copy) Justin Melden, Commander, Los Banos Police Department (email copy) *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 3202 Merced County Los Banos PD Jail Facility Type I LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:3202 FACILITY NAME: Merced County, Los Banos Police Department FACILITY TYPE: I PERSON(S) INTERVIEWED: Commander Meldon, Sgt. McDonald, CSO Aguilar FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/04/24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY LBPDPM 203 Training HOLDING FACILITY TRAINING LBPDJOM 201 Jail Operations Training At a minimum, all supervisors of and personnel who Los Banos Police Department uses supervise incarcerated persons in, a Court Holding or Community Services Officer as personnel Temporary Holding facility shall complete eight hours of working in the jail. Both CSO’s and Dispatch specialized corrections training. Such training shall personnel participate in the BSCC Core include, but not be limited to: Course. (a) applicable minimum jail standards; (b) jail operations liability; (c) separation of incarcerated persons; (d) emergency procedures and planning, fire and life ☒ ☐ ☐ safety; and; (e) suicide prevention; (f) de-escalation; (g) juvenile procedures; (h) racial bias; and, (i) mental illness. Note: Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors. Such training shall be completed as soon as practical, but 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 LOPDJOM 201 Jail Operations Training completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional CSO’s and Dispatchers receive at least 24 ☒ ☐ ☐ Training may be substituted for the eight-hour refresher. hours of continuing professional training annually. Monthly training is provided. 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. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL LBPDPM 206 Staffing Levels LBPDPM 900 Temporary Custody of Adults A sufficient number of personnel shall be employed in LBPDJOM 124 Staff Level Personnel - ☒ ☐ ☐ each local detention facility to ensure the implementation Jailers and operation of the programs and activities required by these regulations. Whenever there is a person in custody, there shall be at least one employee on duty at all times in a local 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 which would conflict with the supervision and care of ☒ ☐ ☐ incarcerated people in the event of an emergency. Whenever one or more females are in custody, there shall be at least one female employee who shall be ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC § 4021. In order to determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a ☒ ☐ ☐ staffing plan shall be reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS LBPDPM 900 Temporary Custody of Adults LBPDJOM 203 Number of Personnel The facility administrator shall develop and implement /Staffing Plan 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 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 LBPDPM 900.8 Holding Cells between safety checks. LBPDJOM 203 Number of Personnel/Staffing Plan ☒ ☐ ☐ Approximately three consecutive months of safety checks were reviewed for this inspection. A review of the documentation clearly identifies that safety checks do occur within a 60-minute lapse between them. (c) Safety checks for people in sobering cells, safety cells, A separate document is used for safety and restraints shall occur more frequently as outlined in checks for sobering cells. ☒ ☐ ☐ section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied Safety checks are completed randomly. ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the The Los Banos Police Department Jail documentation of all safety checks. Documentation shall Check Log Form identifies the date and time include: ☒ ☐ ☐ that the safety check occurred. (1) the actual time at which each individual safety check occurred; 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 2 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) the location where each individual safety check When completed, a safety check includes occurred, such as a cell, module, or dormitory cells 2-6, the sobering cells safety checks number; and, are documented in a different form. The practice identifies the location, however the ☒ ☐ ☐ BSCC recommends that both the LBPDPM and the LBPDJOM be updated to reflect the practice and the regulation. (3) Initials or employee identification number of staff The Los Banos Police Department Jail who completed the safety check(s). Check Log Form identifies the employee, by a unique identifying employee number, of who completed the safety check. However ☒ ☐ ☐ the BSCC recommends that both the LBPDPM and the LBPDJOM be updated to reflect the practice and the regulation. (f) A documented process by which safety checks are The LBPDJOM only says supervisor “…will reviewed at regular defined intervals by a supervisor or do an inspection of jail operations on each 8- facility manager, including methods of mitigating patterns hour shift. It does not state that safety of inconsistent documentation, or untimely completion of, checks will be reviewed at regular intervals. safety checks. ☐ ☒ ☐ BSCC recommends that both the LBPDPM and the LBPDJOM be updated to identify that this is performed. Technical assistance was provided on how to document this on the safety check log. 1028 FIRE AND LIFE SAFETY STAFF LBPDPM 900 Temporary Custody of Adults LBPDJOM 204 Fire and Life 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)]. The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL2 Los Banos Police Department Policy Manual (LBPDPM) Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The Updated: 04/19/23 policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be Los Banos Police Department Jail comprehensively reviewed and updated at least every ☒ ☐ ☐ Operations Manual two years. Such a manual shall be made available to all employees. Updated: February 2024 Notes: The policies and procedures required in Both manuals are utilized at this facility 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 III LBPDPM 200 Organizational Structure and facilities shall provide for, but not be limited to, the Responsibility following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 3 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) Inspections and operations reviews by the facility LBPDJOM 1105 Watch Commander ☒ ☐ ☐ administrator/manager. Inspections (3) Policy on the use of force that meets current state LBPDPM 300 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 LBPDPM 302 Handcuffing and Restraints the restraint of pregnant persons as referenced in ☒ ☐ ☐ Penal Code Section 3407. (5) Procedure and criteria for screening newly LBPDJOM 401 Classification Plan ☒ ☐ ☐ received persons for release. (6) Security and control including physical counts and LBPDPM 900.11 Assigned Administrator searches of the facility and incarcerated persons, LBPDJOM 125 Sergeants and Watch contraband control, and key control. Commanders Each facility administrator shall, at least annually, review, evaluate, and make a record of security ☒ ☐ ☐ Daily walk-through inspections are measures. The review and evaluation shall include conducted at the facility. Any areas that internal and external security measures of the facility need work are documented and, if needed, including security measures specific to prevention of work orders to correct the issue are written. sexual abuse and sexual harassment. (7) Emergency procedures include: LBPDJOM 1201 Fire Suppression Pre- (A) fire suppression preplan as required by ☒ ☐ ☐ Planning section 1032 of these regulations; (B) escape, disturbances, and the taking of LBPDJOM 1206 Escape, Disturbance, hostages; ☒ ☐ ☐ Taking Hostages (C) mass arrests; In the event of a mass arrest, Los Banos ☒ ☐ ☐ would request the assistance of the Sheriff’s Office and any other agencies needed. (D) natural disasters; ☒ ☐ ☐ LBPDJOM 1207 Natural Disasters (E) periodic testing of emergency equipment; and In addition, the agency conducts monthly fire ☒ ☐ ☐ drills to ensure employees are well versed in emergency measures. (F) storage, issue, and use of weapons, LBPDJOM 1208 Storage Issue and The Use ammunition, chemical agents, and related ☒ ☐ ☐ of Weapons, Ammunition, Chemical Agents security devices. and Related Security (8) Suicide Prevention. LBPDJOM 763 Suicide Recognition and ☒ ☐ ☐ Prevention (9) Separation of incarcerated persons. ☒ ☐ ☐ LBPDJOM 401 Classification Plan (10) Zero tolerance in the prevention of sexual abuse LBPDPM 902 Prison Rape Elimination ☒ ☐ ☐ and sexual harassment. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or person after ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for LBPDJOM 401 Classification Plan ☒ ☐ ☐ incarcerated persons. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 4 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, LBPDPM 902 Prison Rape Elimination Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: Individuals can report directly to any (1) multiple internal ways for incarcerated people to Community Service Officer, Police Officer, privately report sexual abuse and sexual Shift Supervisor, or by completing a ☒ ☐ ☐ harassment, retaliation by other incarcerated grievance form. Another option is to contact persons or staff for reporting sexual abuse and the California Attorney General’s Public sexual harassment, and staff neglect or violation of Inquiry Unit. responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, LBPDPM 902 Prison Rape Elimination family, community members, and other interested third parties to report sexual abuse or sexual harassment. The method for reporting shall be ☒ ☐ ☐ This is posted in the jail facility and on the publicly posted at the facility. agency’s website. BSCC recommends that notification also be placed in the public lobby of the facility. 1030 SUICIDE PREVENTION PROGRAM LPPDPM 900 Temporary Custody of Adults LBPDJOM 763 Suicide Recognition and The facility shall have a comprehensive written suicide Prevention prevention program developed by the facility administrator or designee, in conjunction with the health ☒ ☐ ☐ authority and mental health director, to identify, monitor, and provide treatment to those incarcerated persons who present a suicide risk. The program shall include the following: (a) Annual suicide prevention training for all custodial ☒ ☐ ☐ personnel. (b) Intake screening for suicide risk immediately upon LBPDJOM 722 Medical Screening ☒ ☐ ☐ intake and prior to housing assignment. (c) Suicide prevention screening during special LBPDJOM 763 Suicide Recognition and situations, including placement in restrictive housing, Prevention ☒ ☐ ☐ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among LBPDJOM 721 Pre-Booking Situations arresting/transporting officers, facility staff, court staff, ☒ ☐ ☐ medical and mental health personnel in relation to suicide risk. (e) Housing recommendations for people at risk of suicide LBPDJOM 748 Surveillance of Incarcerated that balance safety and environment. The least restrictive Persons environment should be considered. ☒ ☐ ☐ Actively suicidal persons are not accepted at this facility. (f) Supervision depending on level of suicide risk. LBPDJOM 748 Surveillance of Incarcerated ☒ ☐ ☐ Persons (g) Suicide attempt and suicide intervention policies and LBPDJOM 748 Surveillance of Incarcerated ☒ ☐ ☐ procedures. Persons (h) Provisions for reporting suicides and suicides LBPDJOM 748 Surveillance of Incarcerated ☒ ☐ ☐ attempts. Persons (i) Multi-disciplinary administrative review of suicides and LBPDJOM 745 Death of Incarcerated attempted suicides as defined by the facility Persons administrator, including the development of a corrective ☒ ☐ ☐ LBPDJOM 1327 Death of a Juvenile while action plan to address deficiencies identified in the Detained administrative review. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 5 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (j) Provisions for follow up care as needed. LBPDJOM 704 Medical Procedure Manual ☒ ☐ ☐ Note: Subsection (k) does not apply and has been This occurs after transfer to the county jail. deleted. 1032 FIRE SUPPRESSION PREPLANNING LPPDPM 900 Temporary Custody of Adults LBPDJOM 1201 Fire Suppression Pre- Pursuant to Penal Code Section 6031.1(b), the facility Planning administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Fire and Life Safety Drills are conducted Marshal, or both, in developing a plan for fire suppression monthly. which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local LBPDJOM 1201 Fire Suppression Pre- fire department to be included as part of the policy and Planning ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff with LBPDJOM 1201 Fire Suppression Pre- two-year retention of the inspection record; Planning ☒ ☐ ☐ This is documented on the monthly Fire and Life Safety Inspection Report (c) fire prevention inspections as required by Health and LBPDJOM 1201 Fire Suppression Pre- Safety Code Section 13146.1(a) and (b) which requires Planning ☒ ☐ ☐ inspections at least once every two years; 03/25/23 (d) an evacuation plan; and LBPDJOM 1201 Fire Suppression Pre- ☒ ☐ ☐ Planning (e) a plan for the emergency housing of incarcerated LBPDJOM 1201 Fire Suppression Pre- ☒ ☐ ☐ people in the case of fire. Planning 1044 INCIDENT REPORTS LBPDPM 900 Temporary Custody of Adults LBPDPM 322 Report Preparation Each facility administrator shall develop written policies LBPDJOM 304 Incident Reports 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 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 The report writing system is the same that is assigned to investigate the incident and submitted to the used for patrol and requires specific physical facility manager or designee. ☒ ☐ ☐ descriptors and documentation of the incident. No reports were written this cycle emanating from the jail. 1046 DEATH IN CUSTODY LBPDPM 900 Temporary Custody of Adults LBPDJOM 704 Medical Procedure Manual (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health 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. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 6 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Deaths shall be reviewed to determine the LBPDJOM 704 Medical Procedure Manual appropriateness of clinical care; whether changes to ☒ ☐ ☐ policies, procedures, or practices are warranted; and to Should this occur, Merced County Sheriff’s identify issues that require further study. Office would head this review. (b) Death of a Minor LBPDJOM 1327 Death of a Juvenile while In any case in which a minor dies while detained in a jail, Detained 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 LBPDJOM 1327 Death of a Juvenile while the administrator, the Board may within 30 calendar Detained 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 LBPDPM 900 Temporary Custody of Adults LBPDJOM 401 Classification Plan (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written 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. Note: Subsection (b) does not apply and has been deleted. (c) In deciding housing and programming assignments, LBPDJOM 401 Classification Plan the agency shall consider on a case-by-case basis whether a placement would ensure the health and safety of the incarcerated person, and whether the placement ☒ ☐ ☐ would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES LBPDPM 900 Temporary Custody of Adults LBPDJOM 404 Communicable Diseases The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Those with serious communicable diseases procedures specifying those symptoms that require are not held at this facility. medical isolation of an incarcerated person until a medical evaluation is completed. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 7 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be LBPDPM 900 Temporary Custody of Adults made of the person being booked as to whether the LBPDJOM 404 Communicable Diseases 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 LBPDPM 900 Temporary Custody of Adults LBPDJOM 405 Mentally Disordered The facility administrator, in cooperation with the Incarcerated Persons responsible physician, shall develop written policies and ☒ ☐ ☐ procedures to identify and evaluate all incarcerated Those with serious, overt, mental health people who may be in behavioral crisis. Evaluation of issues are not accepted at this facility. behavioral crisis may include telehealth. If an evaluation from medical or mental health staff is not LBPDJOM 405 Mentally Disordered readily available, an incarcerated person shall be Incarcerated Persons 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 LBPDJOM 405 Mentally Disordered secured within 24 hours of identification or at the next Incarcerated Persons ☒ ☐ ☐ daily sick call, whichever is earliest. This takes place at the County Jail. Separation may be used if necessary, to protect the LBPDJOM 405 Mentally Disordered ☒ ☐ ☐ safety of the person in crisis or others. Incarcerated Persons 1053 ADMINISTRATIVE SEPARATION LBPDPM 900 Temporary Custody of Adults LBPDJOM 406 Administrative Separation Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ develop and implement policies and procedures for the administrative separation of incarcerated people. Policies and procedures must include: LBPDJOM 406 Administrative Separation (a) Administrative separation may consist of separate housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of ☒ ☐ ☐ protecting the welfare of incarcerated people and facility staff. Note: Subsections (b) through (e) do not apply and have been deleted. 1055 USE OF SAFETY CELL There is no safety cell at this facility. The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people who ☐ ☐ ☒ display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate ☐ ☐ ☒ authority to place an incarcerated person in a safety cell to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment ☐ ☐ ☒ or as a substitute for treatment. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 8 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) A person shall be placed in a safety cell only with the approval of the facility manager or designee, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every four hours. (c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be ☐ ☐ ☒ medically cleared for continued retention, referral to advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. (d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on ☐ ☐ ☒ placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute ☐ ☐ ☒ lapse between safety checks. Such observation shall be documented. (f) Procedures shall be established to assure ☐ ☐ ☒ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☐ ☐ ☒ privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL LBPDPM 900 Temporary Custody of Adults LBPDJOM 407 Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section ☒ ☐ ☐ 1231.2.4, shall be used for temporary holding of incarcerated people who are a threat to their own safety or the safety of others due to their state of intoxication. A person shall be removed from the sobering cell as soon as they are able to continue the admission process or are ☒ ☐ ☐ no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over six hours without an evaluation by medical or custody staff to determine whether the person has an urgent ☒ ☐ ☐ medical problem, pursuant to section 1213 of these regulations. At 12 hours from the time of placement, all persons must ☒ ☐ ☐ receive an evaluation by responsible health care staff. Intermittent direct visual observation of people held in the Approximately two months of observation sobering cell shall be conducted no less than every half checks for sobering cells were requested for hour. Such observation shall be documented. this inspection. All observation checks are completed on the Los Banos Police Department Sobering Cell Checks log. The ☒ ☐ ☐ logs were clearly documented with checks on those in the sobering cells to verify safety and determine their status for removal. Checks were made in approximately 15- minute increments. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 9 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTAL DISABILITIES LBPDPM 900 Temporary Custody of Adults LBPFJOM 408 Developmentally Disabilities The facility administrator, in cooperation with the LBPFJOM 409 Developmentally Disabled responsible physician, shall develop written policies and Persons Defined ☒ ☐ ☐ procedures for the identification and evaluation, LBPFJOM 410 Developmentally Disabled appropriate classification and housing, protection, and Incarcerated Persons nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the LBPFJOM 411 Notification of Regional regional center for any incarcerated person suspected or Center for Developmentally Disabled confirmed to have a developmental disability for the ☒ ☐ ☐ Incarcerated Persons purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES Restraint devices are not used at this facility. 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; (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. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 0 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) A medical opinion on placement and retention shall be secured within one hour from the time of ☐ ☐ ☒ placement. (7) A medical assessment shall be completed within ☐ ☐ ☒ four hours of placement. (8) Continuous direct visual observation shall be conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. ☐ ☐ ☒ While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation with responsible health care staff determines that an incarcerated person cannot be safely removed from ☐ ☐ ☒ restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use the restraint device manufacturer’s recommended ☐ ☐ ☒ maximum time limits for placement. (11) All events and information related to the placement in restraints shall be documented and shall be video recorded unless exigent circumstances prevent staff from doing so. The ☐ ☐ ☒ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS Restraint devices are not used at this facility. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices on pregnant people. In accordance with Penal Code 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. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 1 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE LBPDPM 900 Temporary Custody of Adults LBPDJOM 508 Access to Telephone The facility administrator shall develop written policies and procedures which allow access to a telephone or A telephone is located in the booking area communication device beyond those telephone calls that is available to incarcerated persons. 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 LBPDPM 900 Temporary Custody of Adults LBPDJOM 509 Access to the Court and The facility administrator shall develop written policies Counsel ☒ ☐ ☐ 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. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY ACTIONS LBPDPM 900 Temporary Custody of Adults LBPDJOM 601 Rules and Discipline Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary Discipline is not administered at this facility ☒ ☐ ☐ actions to guide the conduct of incarcerated persons. Notes: If discipline IS NOT administered, written policy should indicate as such. If discipline IS administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply and affirmatively and posted conspicuously in housing ☐ ☐ ☒ units and the booking area or issued to each person upon booking. For those individuals with limited literacy, who are unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them ☐ ☐ ☒ verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and actions. 1081 PLAN FOR DISCIPLINE OF INCARCERATED Discipline is not administered at this facility 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 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. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 2 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing ☐ ☐ ☒ by the staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and disciplinary authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes: ☐ ☐ ☒ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 2. Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been ☐ ☐ ☒ informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The ☐ ☐ ☒ incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and ☐ ☐ ☒ the action taken shall be reviewed by the facility manager or designee. 6. The incarcerated person shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 3 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE Discipline is not administered at this facility 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. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS Discipline is not administered at this facility 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 for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a ☐ ☐ ☒ consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (2) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day ☐ ☐ ☒ except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (3) If after placement in separation, mental health or medical staff determine that an individual has serious mental illness or an intellectual disability, they shall ☐ ☐ ☒ be removed from disciplinary separation immediately upon this determination. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 4 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) The delegation of authority to any incarcerated person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the implements necessary to maintain an acceptable level of ☐ ☐ ☒ personal hygiene as specified in Section 1265 of these regulations. (e) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case ☐ ☐ ☒ correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Discipline is not administered at this facility Penal Code Section 4019.5 requires that a record is kept ☐ ☐ ☒ of all disciplinary actions administered therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1270 STANDARD BEDDING AND LINEN ISSUE LBPDPM 900 Temporary Custody of Adults LBPDJPM 1001 Standard Bedding and The standard issue of clean suitable bedding and linens, Linen Issue for each incarcerated person entering a living area who ☒ ☐ ☐ is expected to remain overnight, shall include, but not be limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; ☒ ☐ ☐ (d) one blanket or more depending up on climatic ☒ ☐ ☐ conditions. Policy and procedure shall require that items (a), (b), and ☒ ☐ ☐ (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☒ ☐ ☐ and (d) above prior to their first night in the facility and every night thereafter. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 5 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND LBPDPM 900 Temporary Custody of Adults MAINTENANCE LBPDJOM 1101 Facility Sanitation, Safety, and 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. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 6 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS YES NO P/P REFERENCE – COMMENTS Are minors held in this facility? During this inspection period, only non-secure detention was used. A special soft detention room, The Juvenile Justice and Delinquency Prevention Act with an unlocked door, is located adjacent to the (JJDPA) establishes the following federal standards on report writing room. When placed in this room, the ☒ ☐ the detention of minors: minor has no barriers or lock preventing movement (1) Deinstitutionalization of Status Offenders to outside the facility. (2) Separation (3) Jail Removal (6-hour limit) Are minors held in jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 ☒ ☐ establishes the minimum standards of how facilities hold minors in temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A MINOR LBPDPM 312 Temporary Custody of IN AN ADULT DETENTION FACILITY Juveniles LBPDJOM 1323 Emergency Medical Care The facility administrator shall develop policy and of Juveniles in Custody ☒ procedures for notification of the court of jurisdiction and ☐ ☐ the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES LBPDPM 312 Temporary Custody of Juveniles The facility administrator shall develop written policies LBPDJOM 1324 Suicide Prevention of ☒ and procedures concerning minors being held in ☐ ☐ Juveniles in Custody temporary custody which shall address: (a) suicide risk and prevention; (b) use of restraints; ☒ LBPDJOM 1325 Use of Restraint Devices ☐ ☐ (c) emergency medical assistance and services; and LBPDJOM 1323 Emergency Medical Care ☒ ☐ ☐ of Juveniles in Custody (d) prohibiting use of discipline. ☒ LBPDJOM 1326 Discipline of Juveniles ☐ ☐ 1143 CARE OF MINORS IN TEMPORARY LBPDPM 312 Temporary Custody of CUSTODY Juveniles LBPDJOM 1306 Temporary Custody ☒ ☐ (a) The following shall be made available to all minors ☐ Requirements held in temporary custody: (1) access to toilets and washing facilities; (2) one snack during term of temporary custody if the minor has not eaten within the past four (4) ☒ hours or is otherwise in need of appropriate ☐ ☐ nourishment; (3) access to drinking water; ☒ ☐ ☐ 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 7 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) access to language services; ☒ ☐ ☐ (5) access to disabilities services; ☒ ☐ ☐ (6) sanitary napkins, panty liners, and tampons as ☒ requested; ☐ ☐ (7) privacy during consultation with family, guardian, ☒ and/or lawyer; ☐ ☐ (8) blankets and clothing, as necessary, to assure ☒ the comfort of the minor; and ☐ ☐ (9) personal clothing unless the clothing is inadequate, presents a health or safety problem, or ☒ ☐ ☐ is required to be utilized as evidence of an offense. (b) Upon entry, the minor shall be informed in writing of what is available under this section, and it shall be ☒ posted in at least one conspicuous place to which ☐ ☐ minors have access. 1144 CONTACT BETWEEN MINORS AND LBPDPM 312 Temporary Custody of INCARCERATED ADULTS Juveniles LBPDJOM 1308 Non-Contact Requirements ☒ The facility administrator shall establish policies and ☐ ☐ procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of incarcerated people) shall ☒ ☐ ☐ maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY LBPDPM 312 Temporary Custody of Juveniles A minor who is taken into temporary custody by a peace LBPDJOM 1310 Secure Custody officer on the basis that they are a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions ☒ of secure custody set forth in these standards are met. ☐ ☐ Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Note: Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a serious security risk of harm to self or others, the ☒ officer may take into account the following factors: ☐ ☐ (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was ☒ taken into custody; ☐ ☐ 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 8 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) minor's behavior, including the degree to which the ☒ minor appears to be cooperative or non-cooperative; ☐ ☐ (d) the availability of staff to provide adequate ☒ supervision or protection of the minor; and ☐ ☐ (e) the age, type, and number of other individuals who ☒ are detained in the facility. ☐ ☐ 1146 CONDITIONS OF SECURE CUSTODY LBPDPM 312 Temporary Custody of Juveniles While in secure custody, minors may be locked in a LBPDJOM 1310 Secure Custody room or other secure enclosure, secured to a cuffing rail, ☒ LBPDJOM 1311 Secure Detention of ☐ ☐ or otherwise reasonably restrained as necessary to Juveniles prevent escape and protect the minor and others from LBPDJOM 1312 Juvenile Detention Rooms harm. 1147 SUPERVISION OF MINORS IN SECURE LBPDPM 312 Temporary Custody of CUSTODY INSIDE A LOCKED ENCLOSURE Juveniles LBPDJOM 1310 Secure Custody (a) Minors shall receive adequate supervision which, at ☒ LBPDJOM 1312 Juvenile Detention Rooms ☐ ☐ a minimum, includes: (1) constant auditory access to staff by the minor; and (2) safety checks, as defined in Section 1006, of the LBPDJOM 1311 Secure Detention of minor by staff of the law enforcement facility, at least ☒ Juveniles ☐ ☐ once every 30 minutes, which shall be documented. (b) Minors of different genders shall not be placed in the LBPDJOM 1311 Secure Detention of same locked room unless under constant direct visual ☒ ☐ Juveniles ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE LBPDPM 312 Temporary Custody of CUSTODY OUTSIDE OF A LOCKED Juveniles ENCLOSURE LBPDJOM 1310 Secure Custody ☒ Minors held in secure custody outside of a locked ☐ ☐ enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety ☒ ☐ ☐ while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be approved by a supervisor. ☒ ☐ ☐ 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 1 9 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes thereafter shall be based upon the best interests of the minor and shall be documented. ☒ ☐ ☐ 1149 CRITERIA FOR NON-SECURE CUSTODY LBPDPM 312 Temporary Custody of Juveniles Minors held in temporary custody, who do not meet the LBPDJOM 1309 Non-Secure Custody criteria for secure custody as specified in Section 207.1(b) of the Welfare and Institutions Code, may be ☒ held in non- secure custody to investigate the case, ☐ ☐ facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. While minors are held in temporary non- secure custody the provisions of Section 1143 apply. 1150 SUPERVISION OF MINORS IN NON- LBPDPM 312 Temporary Custody of SECURE CUSTODY Juveniles LBPDJOM 1309 Non-Secure Custody Minors held in non-secure custody shall receive constant direct visual observation by staff of the law ☒ ☐ ☐ enforcement facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF ANY LBPDPM 312 Temporary Custody of INTOXICATING SUBSTANCE IN SECURE Juveniles OR NON-SECURE CUSTODY LBPDJOM 1329 Intoxicated and Substance Abusing Minors Facility administrators shall develop policies and ☒ procedures providing that a medical clearance shall be ☐ ☐ obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves, prior to secure or non-secure custody of that minor. Supervision of minors in secure custody in a locked room shall include safety checks at least once every 15 minutes until resolution of the intoxicated state or ☒ ☐ ☐ release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room shall be supervised in accordance with ☒ ☐ ☐ Section 1148. Supervision of minors in nonsecure custody shall be ☒ ☐ ☐ supervised in accordance with Section 1150. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 2 0 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) Facility administrators must be aware of the requirements of WIC 207.1(b) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P REFERENCE – COMMENTS SECTION 207.1 NO YES 207.1(b)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for ☒ ☐ ☐ Number of violations: investigating the case, facilitating release to a parent or guardian, or arranging transfer to an appropriate juvenile facility. 207.1(b)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ Number of violations: enforcement facility for a period that does not exceed six hours. 207.1(b)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ Number of violations: length of time the secure detention is expected to last, and of the maximum six-hour period and secure detention is authorized to last. 207.1(b)(1)(D) CONTACT BETWEEN MINOR AND ADULTS ☒ ☐ ☐ Number of violations: Contact between the minor and adults confined in the facility is restricted in accordance with WIC Section 208. 207.1(b)(1)(E) SUPERVISION ☒ ☐ ☐ Number of violations: The minor is adequately supervised. 207.1(b)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the ☒ ☐ ☐ Number of violations: basis for the secure detention in the facility, the reasons and circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(b)(2) NON-SECURE CUSTODY ☒ ☐ ☐ Number of violations: Minors have been detained in non-secure custody in the law enforcement facility for longer than six hours. 3202 Merced County Los Banos Police Dept Type I PRO 23-24 Page 2 1 of 22 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 12/23) ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001; 2005; 2008; 2010, 2013, 2017 BSCC Code: 3202 FACILITY NAME: Merced County, Los Banos Police Department FACILITY TYPE: TI 6/94: ☐ 2/99: ☐ 2001: ☐ 2005: ☐ 2008: ☐ 2010: ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☐ 2017: ☐ 2020: ☒ ☐ ☐ ☐ FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/04/24 TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.1 Reception and booking. Weapons lockers located in vehicle sallyport and Facilities where booking and housing occur shall have the non-secure hall. ☒ ☐ ☐ following space and equipment: 1. Weapons locker as specified in Section 1231.3.12. 2. A cell or room for the confinement of inmates pending ☒ ☐ ☐ their booking, complying with Section 1231.2.2. 3. A sobering cell as described in Section 1231.2.4 if intoxicated, inmates who may pose a danger to ☒ ☐ ☐ themselves or others are held. For those facilities that accept male and female ☒ ☐ ☐ intoxicated inmates two sobering cells shall be provided. 4. Access to a shower within the secure portion of the Shower located in booking/reception area. ☒ ☐ ☐ facility. 5. Provide access to a secure vault or storage space for ☒ ☐ ☐ inmate valuables. 1231.2.2 Temporary holding cell or room. A temporary holding cell or room shall: ☒ ☐ ☐ 1. Contain a minimum of 10 square feet (0.93 m2) of floor area per inmate; 2. Be limited to no more than 16 inmates; ☒ ☐ ☐ 3. Be no smaller than 40 square feet (3.7 m2) and have a ☒ ☐ ☐ clear ceiling height of 8 feet (2438 mm) or more; 4. Contain seating to accommodate all inmates as ☒ ☐ ☐ required in Section 1231.3; 5. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; 6. Maximize visual supervision of inmates by staff; and ☒ ☐ ☐ 7. When located in a temporary holding facility, the cell or room shall be equipped with a bunk if inmates are to ☐ ☐ ☒ be held longer than 12 hours. 1231.2.3 Temporary staging cell or room. No temporary staging cells at this facility. A temporary staging cell or room shall: 1. Be constructed for the purpose of holding inmates who ☐ ☐ ☒ have been classified and segregated in accordance with Sections 1050 and 1053 of Title 15, Division 1, California Code of Regulations. 2. Be limited to holding inmates up to four hours. ☐ ☐ ☒ 3. Be limited to no more than 80 inmates. ☐ ☐ ☒ 4. Contain a minimum of 10 square feet (0.93 m2) of floor area per inmate and a clear ceiling height of 8 feet ☐ ☐ ☒ (2438 mm) or more. 3202 Merced County Los Banos PD I PHY 23-24 - 1 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 5. Be no smaller than 160 square feet (14.9 m2). ☐ ☐ ☒ 6. Contain seating to accommodate all inmates as ☐ ☐ ☒ required in Section 1231.3. 7. Contain toilet, wash basin and drinking fountain as ☐ ☐ ☒ specified in Section 1231.3. 8. Maximize visual supervision of inmates by staff. ☐ ☐ ☒ 1231.2.4 Sobering cell. A sobering cell shall: ☒ ☐ ☐ 1. Contain a minimum of 20 square feet (1.9 m2) of floor area per inmate; 2. Be limited to eight inmates; ☒ ☐ ☐ 3. Be no smaller than 60 square feet (5.6 m2) and have a ☒ ☐ ☐ clear ceiling height of 8 feet (2438 mm) or more; 4. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; 5. Have padded partitions located next to toilet fixture in ☒ ☐ ☐ such a manner that they provide support to the user; 6. Maximize visual supervision of inmates by staff; ☒ ☐ ☐ 7. Be padded on the floor as specified in Section 1231.3; ☒ ☐ ☐ and, 8. Have accessible a shower in the secure portion of the Located in booking/reception area. ☒ ☐ ☐ facility. 1231.2.5 Safety cell. No safety cell at this facility. A safety cell shall: 1. Contain a minimum of 48 square feet (4.5 m2) of floor ☐ ☐ ☒ area with no one floor dimension being less than 6 feet (1829 mm) and a clear ceiling height of 8 feet (2438 mm) or more; 2. Be limited to one inmate; ☐ ☐ ☒ 3. Contain a flushing ring toilet, capable of accepting solid waste, mounted flush with the floor, the controls for ☐ ☐ ☒ which must be located outside of the cell; 4. Be padded as specified in Section 1231.3; ☐ ☐ ☒ 5. Be equipped with a variable intensity, security-type lighting fixture which is inaccessible to the inmate ☐ ☐ ☒ occupant, control of which is located outside of the cell; 6. Provide one or more vertical view panels not more than 4 inches (102 mm) wide nor less than 24 inches (610 ☐ ☐ ☒ mm) long which shall provide a view of the entire room; 7. Provide a food pass with lockable shutter, no more than 4 inches (102 mm) high, and located between 26 ☐ ☐ ☒ inches (660 mm) and 32 inches (813 mm) as measured from the bottom of the food pass to the floor; and, 8. Any wall or ceiling mounted devices must be ☐ ☐ ☒ inaccessible to the inmate occupant. 1231.2.6 Single-occupancy cells. No single occupancy cells at this facility. Single-occupancy cells shall: ☐ ☐ ☒ 1. Have a maximum capacity of one inmate; 2. Contain a minimum of 60 square feet (5.6 m2) of floor area in Type I facilities and 70 square feet (6.5 m2) of ☐ ☐ ☒ floor area in Type II and Type III facilities; 3. Have a minimum clear ceiling height of 8 feet (2438 ☐ ☐ ☒ mm) and a minimum width of 6 feet (1829 mm); 3202 Merced County Los Banos PD I PHY 23-24 - 2 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 4. Contain a toilet, wash basin and drinking fountain as ☐ ☐ ☒ specified in Section 1231.3; and 5. Contain a bunk, desk and seat as specified in Section 1231.3. ☐ ☐ ☒ Exception: A Type I facility does not require a desk and seat. 1231.2.7 Double-occupancy cells. Double-occupancy cells shall: ☒ ☐ ☐ 1. Have a maximum capacity of two inmates; 2. Contain a minimum of 60 square feet (5.6 m2) of floor area in Type I facilities and 70 square feet (6.5 m2) of ☒ ☐ ☐ floor area in Type II and Type III facilities; 3. Have a minimum clear ceiling height of 8 feet (2438 ☒ ☐ ☐ mm) and a minimum width of 6 feet (1829 mm); 4. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; and 5. Contain two bunks, and at least one desk and seat as Type I facility specified in Section 1231.3. ☐ ☐ ☒ Exception: A Type I facility does not require a desk and seat. 1231.2.8 Dormitories. No dormitories at this facility. Dormitories shall: 1. Contain a minimum of 50 square feet (4.7 m2) of floor area per inmate for a single-bed unit; a minimum of 70 ☐ ☐ ☒ square feet (7 m2) for a double-bed unit; and a minimum of 90 square feet (9.3 m2) for triple-bed unit and have a minimum ceiling height of 8 feet (2438 mm); 2. Be designed for no more than 64 inmates and no fewer ☐ ☐ ☒ than four inmates; 3. Provide access to water closets separate from the wash basin and drinking fountains as specified in Section ☐ ☐ ☒ 1231.3; and 4. In other than Type I facilities, provide storage space ☐ ☐ ☒ for personal items and clothing for each occupant. 1231.2.9 Dayrooms. No dayrooms at this facility. Dayrooms or dayroom space shall: ☐ ☐ ☒ 1. Contain 35 square feet (3.3 m2) of floor area per inmate in width in front of cells/rooms; 2. Contain tables and seating to accommodate the ☐ ☐ ☒ maximum number of inmates; 3. Provide access to water closets, wash basins and ☐ ☐ ☒ drinking fountains as specified in Section 1231.3; 4. Provide access to a shower or showers as specified in ☐ ☐ ☒ Section 1231.3; and 5. Be provided to all inmates in Type II and Type III facilities (except those housed in special-use cells) and to inmate workers in Type I facilities. Dayroom space as described in this section may be a part of a single ☐ ☐ ☒ occupancy cell used for administrative segregation or a dormitory, in which case the floor area of the cell or a dormitory must be increased by the square footage required for the dayroom. 3202 Merced County Los Banos PD I PHY 23-24 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.10 Exercise area. No exercise area at this facility. An outdoor exercise area or areas must be provided in every Type II and Type III facility. The minimum clear height must be 15 feet (4572 mm) and the minimum number of square ☐ ☐ ☒ feet of surface area will be computed by multiplying 80 percent of maximum rated population by 50 square feet (4.7 m2) and dividing the result by the number of one-hour exercise periods per day. The exercise area must contain or provide free access to a toilet, wash basin, and drinking fountain as provided in ☐ ☐ ☒ Section 1231.3. There must be at least one exercise area of not less than 600 square feet (55.7 m2). The design shall facilitate security and ☐ ☐ ☒ supervision appropriate to the level of custody. Type IV facilities shall have an outdoor recreation area or ☐ ☐ ☒ access to community recreation facilities. 1231.2.11 Correctional program/multipurpose space. No programming space at this facility. An area for correctional programming must be provided in every Type II and Type III facility. The program area and ☐ ☐ ☒ furnishings shall be designed to meet the needs specified by the facility’s program statement. Type IV facilities shall have multipurpose space for games and activities, dining, visiting, TV meetings and quiet space ☐ ☐ ☒ for study and reading, such that activities do not conflict with each other. 1231.2.12 Medical examination room. No on-site medical care, Type I facility. There must be a minimum of one suitably equipped medical examination room in every facility which provides on-site health care. The examination room shall be designed in ☐ ☐ ☒ consultation with the responsible physician/health authority. Such a medical examination room shall: 1. Be located within the security area and provide for ☐ ☐ ☒ privacy of the inmates; 2. Provide not less than 100 square feet (9.3 m2) of floor space with no single dimension less than 7 feet (2134 ☐ ☐ ☒ mm); 3. Provide hot and cold running water; ☐ ☐ ☒ 4. Provide lockable storage for medical supplies; ☐ ☐ ☒ 5. Provide an examination table; ☐ ☐ ☒ 6. Provide adequate lighting; and ☐ ☐ ☒ 7. Any room where medical procedures are provided ☐ ☐ ☒ must be equipped with hot and cold running water 1231.2.13 Pharmaceutical storage space. Provide lockable storage space for medical supplies and pharmaceutical preparations as referenced by Title 15, California Code of Regulations, Section 1216. ☒ ☐ ☐ 3202 Merced County Los Banos PD I PHY 23-24 - 4 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.14 Medical care housing. No medical care housing at this facility. There shall be some means to provide medical care and housing of ill and/or infirm inmates. ☐ ☐ ☒ When the program statement for a Type II or Type III facility indicates that medical care housing is needed, such housing must provide lockable storage space for medical instruments ☐ ☐ ☒ and must be located within the security area of the facility accessible to both female and male inmates, but not in the living area of either. The medical care housing unit shall be designed in ☐ ☐ ☒ consultation with the health authority. Medical/mental health areas may contain other than single ☐ ☐ ☒ occupancy cells. If negative pressure isolation rooms are being planned, they ☐ ☐ ☒ shall be designed to recognized industry standards. 1231.2.16 Commissary. No commissary at this facility. In all Type II, III and IV facilities, except where community access is available, there shall be provisions made for inmates ☐ ☐ ☒ to purchase items (such as candy, toilet articles, stationery supplies, books, newspapers and magazines, etc.). An area shall be provided for the secure storage of the stock ☐ ☐ ☒ for such inmate canteen items. 1231.2.17 Dining facilities. No dining facilities, inmates eat in their cells. In all Type II, III and IV facilities which serve meals, dining ☐ ☐ ☒ areas shall be provided which will allow groups of inmates to dine together. Such dining areas shall not contain toilets, wash basins or ☐ ☐ ☒ showers in the same room without appropriate visual barrier. Wherever the facility contains a central dining room or rooms, it shall contain a minimum of 15 square feet (1.4 m2) ☐ ☐ ☒ of floor space and sufficient tables and seating for each inmate being fed. 1231.2.18 Visiting space. Space shall be provided in all Types I, II, III and IV facilities ☒ ☐ ☐ for visiting. 1231.2.19 Safety equipment storage. A secure area shall be provided for the storage of safety equipment such as fire extinguishers, self-contained ☒ ☐ ☐ breathing apparatus, wire and barcutters, emergency lights, etc.. 1231.2.20 Janitors’ closet. In Type II facilities, at least one securely lockable janitors’ closet with sufficient area for the storage of cleaning ☒ ☐ ☐ implements and supplies must be provided within the security areas of the facility A mop sink shall also be available within the security area of the facility. In court holding, temporary holding, Types I, III ☒ ☐ ☐ and IV facilities, the closet need not be in the security area. 3202 Merced County Los Banos PD I PHY 23-24 - 5 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.21 Storage rooms. One or more storage rooms shall be provided to accommodate a minimum of 80 cubic feet (2.3 m3) of storage area per inmate for inmate clothing and personal property, ☐ ☐ ☒ institutional clothing, bedding and supplies. Court holding, temporary holding and Type I facilities may be excluded from the storage space requirement for personal and institutional clothing unless clothing is issued. 1231.2.22 Audio monitoring system. Sound actuated audio monitoring in all cells. In court holding, temporary holding, Type I, Type II and Type II facilities there shall be an inmate- or sound-actuated audio monitoring system in temporary holding cells or rooms, temporary staging cells or rooms, sobering cells, ☒ ☐ ☐ safety cells, single and double occupancy cells, dormitories, dayrooms, exercise areas and correctional program/multipurpose space, which is capable of alerting personnel who can respond immediately. 1231.2.23 Laundry facilities. Not required, however the facility has a washer In Type IV facilities, provision shall be made for washing and a dryer. ☐ ☐ ☒ and drying personal clothing by machines, either in the facility or in the community, if access is permitted for same. 1231.2.24 Emergency power. There shall be a source of emergency power in all detention facilities capable of providing minimal lighting in all housing ☒ ☐ ☐ units, activities areas, corridors, stairs and central control points, and to maintain fire and life safety, security, communications and alarm systems. Such an emergency power source shall conform to the requirements specified in Title 24, Part 3, Article 700, ☒ ☐ ☐ California Electrical Code, California Code of Regulations. 1231.2.25 Confidential interview rooms. No on-site health care provided. There must be a minimum of one suitably furnished interview room for confidential interviews in every facility which provides onsite health care. The interview room shall ☐ ☐ ☒ be designed in consultation with responsible custodial staff and health care staff. Such an interview room shall: 1. Be located within the security area accessible to both ☐ ☐ ☒ female and male inmates; and 2. Provide not less than 70 square feet (6.5 m2) of floor space with no single dimension less than 6 feet (1829 ☐ ☐ ☒ mm). 1231.2.26 Attorney interview space. All facilities except Type IV facilities shall include ☒ ☐ ☐ attorney interview areas which provide for confidential consultation with inmates. 1231.3.1 Toilets/urinals. 1. Toilets/urinals must be provided in single-occupancy ☒ ☐ ☐ cells and double-occupancy cells. 2. In dormitories, toilets/urinals must be provided in a ☐ ☐ ☒ ratio to inmates of 1:10. 3. Toilets/urinals must be accessible to the occupants of No dayrooms/exercise areas. ☐ ☐ ☒ day-rooms and exercise areas. 3202 Merced County Los Banos PD I PHY 23-24 - 6 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 4. In temporary holding cells and temporary staging cells toilets/urinals must be provided in a ratio to inmates of ☒ ☐ ☐ 1:16. 5. In sobering cells toilets/urinals must be provided in a ☒ ☐ ☐ ratio to inmates of 1:8. 6. One urinal or 2 feet (610 mm) of urinal trough may be substituted for each toilet up to one third of the total ☐ ☐ ☒ number of toilets required, except in those facilities or portions thereof used for females. 7. Toilet areas shall provide modesty for inmates with ☒ ☐ ☐ staff being able to visually supervise. 1231.3.2 Wash basins. 1. Wash basins must be provided in single occupancy ☒ ☐ ☐ cells and double occupancy cells. 2. In dormitories, wash basins must be provided in a ratio ☐ ☐ ☒ to inmates of 1:10. 3. Wash basins must be accessible to the occupants of No dayrooms/exercise areas. ☐ ☐ ☒ day-rooms and exercise areas 4. In temporary holding cells and temporary staging cells, wash basins must be provided in a ratio to inmates ☒ ☐ ☐ of 1:16. 5. In sobering cells, wash basins must be provided in a ☒ ☐ ☐ ratio to inmates of 1:8. 6. Wash basins must be provided with hot and cold or ☒ ☐ ☐ tempered water. 7. Two feet (610 mm) of wash basin trough may be ☐ ☐ ☒ substituted for each basin required. 1231.3.3 Drinking fountains. There must be a minimum of one drinking fountain in every single-occupancy cell, double-occupancy cell, dormitory, ☒ ☐ ☐ temporary holding cell, temporary staging cell, sobering cell, and be accessible to the occupants of day rooms and exercise areas. Additional drinking fountains shall be located in other areas of the facility so that drinking water will be available to ☒ ☐ ☐ inmates and staff. Such drinking fountains must meet the following minimum health requirements: 1. The drinking fountain bubbler shall be on an angle ☒ ☐ ☐ which prevents waste water from flowing over the drinking fountain bubbler. 2. Water flow shall be actuated by mechanical means. ☒ ☐ ☐ 1231.3.4 Showers Shower in booking/reception area. Must be available to all inmates on a ratio of at least one ☒ ☐ ☐ shower to every 20 inmates or fraction thereof and must provide hot and cold water or tempered water. Shower stalls/shower areas must be designed and constructed of materials which are impervious to water and soap so they ☒ ☐ ☐ may be easily cleaned. Shower areas shall provide modesty for inmates with staff ☒ ☐ ☐ being able to visually supervise. 1231.3.5 Beds Must be elevated off the floor, have a solid bottom, and a ☒ ☐ ☐ sleeping surface of at least 30 inches (762 mm) wide and 76 inches (1930 mm) long. 3202 Merced County Los Banos PD I PHY 23-24 - 7 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS Multiple beds must have a minimum of 21 inches (533 mm) ☒ ☐ ☐ between bed pans. Except in minimum security areas, beds must be securely ☒ ☐ ☐ fastened to the floor or the wall. 1231.3.6 Lighting. Lighting in housing units, dayrooms and activity areas must be sufficient to permit easy reading by a person with normal ☒ ☐ ☐ vision, and shall not be less than 20 footcandles (215.2 lux) at desk level and in the grooming area. Lighting shall be centrally controlled and/or occupant ☒ ☐ ☐ controlled in housing cells or rooms. Night lighting in these areas shall be sufficient to give good ☒ ☐ ☐ visibility for purposes of supervision In minimum-security areas, lighting may be supplied by ordinary lighting fixtures, and in areas of higher security, ☒ ☐ ☐ light fixtures must be of secure design. 1231.3.7 Windows. No exterior windows. In housing areas of higher than minimum security, exterior windows which are constantly accessible to inmates for ☐ ☐ ☒ escape must be designed and constructed so that if broken out, the net area accessible for escape is no greater than 5 inches (127 mm) in one dimension. 1231.3.8 Cell padding. ☒ ☐ ☐ In sobering cells, the floor and partition shall be padded. In safety cells, padding must cover the entire floor, doors, and walls and everything on them to a clear height of 8 feet (2438 ☐ ☐ ☒ mm). All such padded cells must be equipped with a tamper resistant fire sprinkler as approved by the State Fire Marshal. ☒ ☐ ☐ All padding must be: 1. Approved for use by the State Fire Marshal; ☒ ☐ ☐ 2. Nonporous to facilitate cleaning; ☒ ☐ ☐ 3. At least 1/2-inch (12.7 mm) thick; ☒ ☐ ☐ 4. Of a unitary or laminated construction to prevent its destruction by teeth, hand tearing or small metal ☒ ☐ ☐ objects; 5. Firmly bonded to all padded surfaces to prevent ☒ ☐ ☐ tearing or ripping; and 6. Without any exposed seams susceptible to tearing or ☒ ☐ ☐ ripping. 1231.3.9 Mirrors. A mirror of a material appropriate to the level of security ☒ ☐ ☐ must be provided near each wash basin specified in these regulations. 1231.3.10 Seating. In temporary holding and temporary staging cells, seating ☒ ☐ ☐ must be securely fixed to the floor and/or wall. When bench seating is used, 18 inches (457 mm) of bench is ☒ ☐ ☐ seating for one person. 3202 Merced County Los Banos PD I PHY 23-24 - 8 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.3.11 Table/seat. Type I facility. In single- and double-occupancy cells, a table and seat for the purpose of writing and dining shall be provided. ☐ ☐ ☒ Exception: A Type I facility does not require a table and a seat. 1231.3.12 Weapons locker. Located in vehicle sallyport and non-secure A secure weapons locker shall be located outside the security ☒ ☐ ☐ portion of facility. perimeter of the facility Such weapons lockers shall be equipped with individual compartments, each with an individual locking device. ☒ ☐ ☐ Weapons lockers are required in temporary and court holding facilities and in all facilities of higher than minimum security. ☒ ☐ ☐ Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note ☒ ☐ ☐ areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 3202 Merced County Los Banos PD I PHY 23-24 - 9 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3202 FACILITY: Merced County, Los Banos Police Department TYPE: I RC: 8 FIELD REPRESENTATIVE: Tim McWilliams DATE 04/04/24 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 1 Sobering 2020 1 0 0 (3) 7’4”x10’8”x8’3” 1 1 1 2 Double 2020 1 2 2 2 6’8”x10’8”x8’3” 1 1 1 3 Double 2020 1 2 2 2 14’5”x7’5”x8’3” 1 1 1 4 Double 2020 1 2 2 2 7‘8”x10’x8’3” 1 1 1 5 Double 2020 1 2 2 2 10’x10’x8’3” 1 1 1 ADA Accessible cell 6 Holding 2020 1 0 0 (8) 12’x10’x8’3” 1 1 1 Four separate, 4-ft. benches 7 Sobering 2020 1 0 0 (3) 6’11”x11’8”x8’3” 1 1 1 Shower/sink/faucet available for use in the booking/reception area. One 4ft. bench in booking/reception area. Attorney/Visit room adjacent to cell #1. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit. If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 3202 Merced County Los Banos PD I LASE 23-24 - 1 - A360 LAS Adult-05.dot (rev.12/2022)