3223 Modoc County Sheriff's Office (2023-2024 inspection cycle)

November 27, 2023 William "Tex" Dowdy, Sheriff Modoc County Sheriff's Office P.O. Drawer 460 Alturas, CA 96101 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE 6031, WELFARE & INSTITUTIONS CODE 209, MODOC COUNTY SHERIFF'S OFFICE DETENTION AND COURT HOLDING FACILITIES Dear Sheriff Dowdy: The 2023-2024 Comprehensive Inspection of the Modoc County Sheriff's Department has been completed. A pre-inspection briefing was held on Thursday, May 4, 2023, and the following facilities were inspected on October 19, 2023: FACILITY NAME BSCC # FACILITY TYPE Modoc County Jail 3220 II Modoc Court Holding 3223 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 inspections 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. BSCC INSPECTION The inspection consisted of a review of the Modoc County Sheriff's Department Custody Policy and Procedure Manual, a site visit to review operations, physical plant, and relevant documentation, and interviews with administration, facility staff, inmates, and collaborative partners. INSPECTION RESULTS We identified the following items of noncompliance with Title 15 Minimum Standards: William “Tex” Dowdy Sheriff Page 2 Modoc County Jail § 1027 Number of Personnel The agency has one female sergeant and two female staff assigned to the Jail. BSCC staff determined the agency is noncompliant with this regulation due to not having female staff assigned to each shift. § 1032. Fire Suppression Preplanning BSCC Staff determined the agency is noncompliant with this regulation due to only providing documentation from January 2023 through April 2023. BSCC staff will conduct a follow-up review in December of 2023. § 1055. Use of Safety Cell BSCC staff reviewed a random sampling of safety cell placement reports for continued retention. During the review, BSCC staff determined the agency is noncompliant due to not having a facility manager, designee, or responsible healthcare staff review the person for continued retention. Modoc County Court Holding § 1024. Court Holding and Temporary Holding Facility Training The agency did not provide any training records for compliance with this regulation. § 1030. Suicide Prevention Program The agency conducted online suicide prevention training for staff through Police1 in May 2023. The training was assigned to the courthouse staff, and they did not complete the online training. Therefore, BSCC staff determined the agency is noncompliant with this regulation until the training has been completed. § 1032. Fire Suppression Preplanning BSCC Staff determined the agency is noncompliant with this regulation due to not being able to provide documentation for monthly fire prevention inspections by facility staff. Refer to the attached Procedures Checklist for detailed information. We identified one item of noncompliance with Title 24 Minimum Standards. Modoc County Jail § 1231.2.6 Single-occupancy Cells 3220 3223 Modoc County Sheriff’s Office II CH LTR 23-24 William “Tex” Dowdy Sheriff Page 3 Water in the washbasins of C, D, E, and F tanks (seven cells total) was nonoperational on the inspection day. Work orders were placed in the system for repair. Water is available in the dayrooms. 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 for the Modoc County Court Holding. A copy of the monitoring report is attached for your information. CORRECTIVE ACTION PLAN (CAP) An Exit Briefing with your staff was held on October 23, 2023; BSCC staff presented an inspection overview 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 November 24, 2023. We will respond to the CAP under a separate cover letter. * * * Please email me at steven.wicklander@bscc.ca.gov if you have any questions. Sincerely, STEVEN WICKLANDER Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Juvenile Court, Modoc County* Grand Jury, Modoc County* Chair, Board of Supervisors, Modoc County* County Administrator, Modoc County* J. Winkle, Sergeant, Modoc County Sheriff's Office (Electronic Copy) *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 3220 3223 Modoc County Sheriff’s Office II CH LTR 23-24 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3220 FACILITY NAME: Modoc County Jail FACILITY TYPE: II PERSON(S) INTERVIEWED: Sgt. Winkle FIELD REPRESENTATIVE: Steven Wicklander DATE: 10/19/2023 TITLE 15 SECTION P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 The BSCC Standards and Training for Corrections (STC) division (a) In addition to the provisions of California Penal Code found the agency in compliance with applicable regulations during Section 831.5, all custodial personnel of a Type I, II, III, the 22-23 compliance monitoring cycle. 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 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 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 or IV jail shall also be required to complete either the 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 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, 1021, 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. 3220 Modoc County Jail II PRO 23-24 Page 1 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING With the exception of any year that a core training 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. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL 224 Staffing Plan A sufficient number of personnel shall be employed in The agency provided a staffing roster to ☒ ☐ ☐ each local detention facility to ensure the implementation review. The agency currently has two vacant and operation of the programs and activities required by positions out of ten staff assigned. these regulations. Whenever there is a person in custody, there shall be at 224 Staffing Plan 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 224 Staffing Plan 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 224 Staffing Plan shall be at least one female employee who shall be immediately available and accessible to such females. The agency currently has one female sergeant and two female staff assigned to the Note: Reference PC § 4021. Jail. BSCC staff determined the agency is noncompliant with this regulation due to not having female staff assigned to each shift. ☐ ☒ ☐ It should be noted the agency has been noncompliant with this regulation since their last BSCC Comprehensive Inspection (20-22) and has made efforts to try and hire female staff. The agency’s county is limited in size and resources and is close to the CDCR facility, which competes for staffing. In order to determine if there is a sufficient number of 224 Staffing Plan personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the The agency provided a staffing roster to personnel assigned in the facility and their duties. Such review. The agency currently has five vacant a staffing plan shall be reviewed by the Board staff at the ☒ ☐ ☐ positions out of thirty total assigned. 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 504 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: 3220 Modoc County Jail II PRO 23-24 Page 2 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) Safety checks will determine the safety and well- 504 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 504 Safety Checks between safety checks. BSCC staff reviewed a sampling of safety check documentation from June 2023 through October 2023. During the documentation ☒ ☐ ☐ review, BSCC staff determined the agency complies with this regulation. When cells or housing areas are empty, the staff makes notations on the log. (c) Safety checks for people in sobering cells, safety 504 Safety Checks cells, and restraints shall occur more frequently as 520 Safety and Sobering Cells ☒ ☐ ☐ outlined in section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied 504 Safety Checks ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the 504 Safety Checks documentation of all safety checks. Documentation shall include: The agency’s safety check logs annotated the ☒ ☐ ☐ areas, times, and persons conducting the safety check. (1) the actual time at which each individual safety 504 Safety Checks ☒ ☐ ☐ check occurred; (2) the location where each individual safety check 504 Safety Checks occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff 504 Safety Checks ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are 504 Safety Checks reviewed at regular defined intervals by a supervisor or 504.4 Supervisor Responsibility facility manager, including methods of mitigating ☒ ☐ ☐ patterns of inconsistent documentation, or untimely The facility sergeant reviews the safety check completion of, safety checks. logs and signs the log. 1028 FIRE AND LIFE SAFETY STAFF 400 Facility Emergencies 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)]. The facility manager shall ensure that there is at least 400 Facility Emergencies one person on duty who trained in fire and life safety 402 Fire Safety procedures that relate specifically to the facility. ☒ ☐ ☐ Staff are trained during the corrections core academy and conduct annual fire training at the facility. 3220 Modoc County Jail II PRO 23-24 Page 3 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL3 Modoc County Custody Manual (Lexipol) Facility administrator(s) shall develop and publish a The agency uses Lexipol and sends training manual of policy and procedures for the facility. The bulletins for staff to read for policy updates. policy and procedures manual shall address all The system tracks when staff have read the applicable Title 15 and Title 24 regulations and shall be policy updates. comprehensively reviewed and updated at least every ☒ ☐ ☐ two years. Such a manual shall be made available to all Date of last review: 10/11/2023. employees. Notes: 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 III 100 Organizational Structure and facilities shall provide for, but not be limited to, the Responsibility following: ☒ ☐ ☐ 104 Administrative Communications (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility 106 Annual Facility Inspection ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force that meets current state 512 Use of Force and federal legal requirements and includes 513 Use of Restraints ☒ ☐ ☐ prohibition of the use of carotid restraint and choke Modoc County SO Policy Manual 300 - Use of holds. Force (4) Policy on the use of restraint equipment, 513 Use of Restraints including the restraint of pregnant persons as ☒ ☐ ☐ referenced in Penal Code Section 3407. (5) Procedure and criteria for screening newly 502 Reception ☒ ☐ ☐ received persons for release. (6) Security and control including physical counts 112.7 Administrative Searches and searches of the facility and incarcerated 212 Daily Activity Logs and Shift Reports persons, contraband control, and key control. 501 Counts Each facility administrator shall, at least annually, 502.4 Searches Before Admission review, evaluate, and make a record of security 515 Searches measures. The review and evaluation shall include 211 Key and Electronic Access Device internal and external security measures of the facility Control including security measures specific to prevention of 216 Perimeter Security sexual abuse and sexual harassment. 103.3.3 Custody Manual-Internal and external ☒ ☐ ☐ security measures review. Issued 9/17/19 106 - Annual Facility Inspection 606-606.13 PREA 310.2 PREA training PREA Pamphlet Orientation Manual Annual Inspection: 7/24/2023. (7) Emergency procedures include: 400 Facility Emergencies (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3220 Modoc County Jail II PRO 23-24 Page 4 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (B) escape, disturbances, and the taking of 400 Facility Emergencies ☒ ☐ ☐ hostages; SO Manual 358 Major Incident Notification (C) mass arrests; 400 Facility Emergencies ☒ ☐ ☐ 400.10 Civil Disturbances Outside of the Jail (D) natural disasters; 400 Facility Emergencies ☒ ☐ ☐ SO Manual 358 Major Incident Notification (E) periodic testing of emergency equipment; 106 Annual Facility Inspection and, 212.4 Shift Activity Log ☒ ☐ ☐ 400 Facility Emergencies 802 Housekeeping and Maintenance (F) storage, issue, and use of weapons, 400 Facility Emergencies ammunition, chemical agents, and related ☒ ☐ ☐ 508 Management of Weapons and Control security devices. Devices (8) Suicide Prevention. 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team ☒ ☐ ☐ "Review of suicides and suicide attempts." 724.7.1 Debriefing (9) Separation of incarcerated persons. 502 Reception ☒ ☐ ☐ 601 Disciplinary Separation 600.4.3 Administrative Segregation Housing (10) Zero tolerance in the prevention of sexual abuse 310 PREA Training and sexual harassment. 605 Incarcerated Person Rights - Protection ☒ ☐ ☐ from Abuse 606 PREA Inmate Orientation Manual (11) Policy and procedure to detect, prevent, and 310 PREA Training respond to retaliation against any staff or person 605 Incarcerated Person Rights - Protection ☒ ☐ ☐ after reporting any abuse. from Abuse 606 PREA Inmate Orientation Manual (12) Release policy, including release planning for 502 Reception incarcerated persons. 523 Over-Detention and Inadvertent ☒ ☐ ☐ Releases 522 End of Term Release 737 Release Planning (e) The manual for Temporary Holding, Court Holding, 606.4 Reporting sexual abuse Type I, II, III, and IV facilities shall provide for, but not be 310 PREA Training limited to, the following: 605 Incarcerated Person Rights - Protection (1) multiple internal ways for incarcerated people to from Abuse privately report sexual abuse and sexual 606 PREA ☒ ☐ ☐ harassment, retaliation by other incarcerated Inmate Orientation Manual 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, 606.4 Reporting sexual abuse family, community members, and other interested 310 PREA Training third parties to report sexual abuse or sexual 605 Incarcerated Person Rights - Protection ☒ ☐ ☐ harassment. The method for reporting shall be from Abuse publicly posted at the facility. 606 PREA Inmate Orientation Manual 3220 Modoc County Jail II PRO 23-24 Page 5 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1030 SUICIDE PREVENTION PROGRAM 502 Reception 704 Emergency Health Care Services The facility shall have a comprehensive written suicide 711 Medical Screening prevention program developed by the facility 712 Mental Health Services administrator or designee, in conjunction with the health 724 Suicide Prevention and Intervention authority and mental health director, to identify, monitor, 724.3 Suicide Prevention Team and provide treatment to those incarcerated persons Intake Medical Questionnaire 724.3 Suicide who present a suicide risk. Prevention Team ☒ ☐ ☐ The program shall include the following: "Review of suicides and suicide attempts." 724.7.1 Debriefing Initial suicide prevention training is provided during the “Corrections Officer Core Course” as described in Section 179 of Title 15, CCR. (a) Annual suicide prevention training for all custodial 724 Suicide Prevention and Intervention personnel. 724.3 Suicide Prevention Team The agency conducts two types of annual training for suicide prevention: in-person and online. ☒ ☐ ☐ The agency conducted online suicide prevention training for staff through Police1 in May 2023. In-person training is generally conducted by the Medical/Mental Health Inspector, Cheyenne O’Sullivan, Supervising PHN. (b) Intake screening for suicide risk immediately upon 502 Reception intake and prior to housing assignment. 704 Emergency Health Care Services 711 Medical Screening ☒ ☐ ☐ 712 Mental Health Services 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team Intake Medical Questionnaire (c) Suicide prevention screening during special 502 Reception situations, including placement in restrictive housing, 704 Emergency Health Care Services following a hearing, and after a transfer or change in 711 Medical Screening classification. ☒ ☐ ☐ 712 Mental Health Services 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team Intake Medical Questionnaire 3220 Modoc County Jail II PRO 23-24 Page 6 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Provisions facilitating communication among 502 Reception arresting/transporting officers, facility staff, court staff, 704 Emergency Health Care Services medical and mental health personnel in relation to 711 Medical Screening suicide risk. 712 Mental Health Services 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team Intake Medical Questionnaire ☒ ☐ ☐ The agency has medical screening questions for the arresting officer for compliance with this regulation. One of the questions specifically asks the arresting officer or custodial agency if there were “ANY indications that the inmate is a medical or mental health or suicide risk?” (e) Housing recommendations for people at risk of 502 Reception suicide that balance safety and environment. The least 704 Emergency Health Care Services restrictive environment should be considered. 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing (f) Supervision depending on level of suicide risk. 502 Reception 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing (g) Suicide attempt and suicide intervention policies and 502 Reception procedures. 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing (h) Provisions for reporting suicides and suicides 502 Reception attempts. 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing 3220 Modoc County Jail II PRO 23-24 Page 7 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (i) Multi-disciplinary administrative review of suicides and 502 Reception attempted suicides as defined by the facility 704 Emergency Health Care Services administrator, including the development of a corrective 711 Medical Screening action plan to address deficiencies identified in the 712 Mental Health Services administrative review. 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing (j) Provisions for follow up care as needed. 502 Reception 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7 Follow-Up 724.7.1 Debriefing (k) Plan for mental health consultation following return 502 Reception from court as determined by the mental health director. 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." ☒ ☐ ☐ 724.7.1 Debriefing 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing Training is provided during the annual suicide prevention training for communication between corrections staff, court staff, and health care personnel. 1032 FIRE SUPPRESSION PREPLANNING 400 Facility Emergencies 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 400 Facility Emergencies fire department to be included as part of the policy and 402 Fire Safety ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); 3220 Modoc County Jail II PRO 23-24 Page 8 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) monthly fire prevention inspections by facility staff BSCC staff determined the agency is with two-year retention of the inspection record; noncompliant with this regulation due to only providing documentation from January 2023 ☐ ☒ ☐ through April 2023. BSCC staff will conduct a follow-up review in December of 2023. (c) fire prevention inspections as required by Health and 400 Facility Emergencies Safety Code Section 13146.1(a) and (b) which requires 402 Fire Safety inspections at least once every two years; ☒ ☐ ☐ Date: 8/1/2023. (d) an evacuation plan; and, 400 Facility Emergencies ☒ ☐ ☐ 404 Evacuation (e) a plan for the emergency housing of incarcerated 400 Facility Emergencies ☒ ☐ ☐ people in the case of fire. 404 Evacuation 1040 POPULATION ACCOUNTING 501 Counts 0B 509 Classification 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 501 Counts applicable demographic information as described in the ☒ ☐ ☐ 509 Classification Jail Profile Survey. 1041 RECORDS 209 Incarcerated Person Records (a) Each facility administrator of a Type I, II, III or IV During the onsite inspection, BSCC staff facility shall develop written policies and procedures for verified the agency maintains records for the maintenance of individual records for each persons incarcerated. 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, 209 Incarcerated Person Records uniform data for every allegation of sexual abuse at 606 PREA facilities under its direct control and from other facilities with which it contracts for the confinement of its After reviewing the agency's policy and incarcerated people. The data collected shall include, at ☒ ☐ ☐ interviews and reviewing the agency’s Survey a minimum, the data necessary to satisfy the reporting of Sexual Victimization form for local requirements of 34 U.S.C. section 30303(a)(1). jurisdictions, BSCC staff has determined the agency to be compliant with this regulation. Note: federal survey on sexual violence. 1044 INCIDENT REPORTS 210 Report Preparation Each facility administrator shall develop written policies BSCC staff reviewed a sampling of several and procedures for the maintenance of written records types of incident reports written by jail staff. ☒ ☐ ☐ and reporting of all incidents which result in physical The reports contained all relevant information harm, or serious threat of physical harm, to an employee for compliance with this regulation. or incarcerated person of a detention facility or other person. 3220 Modoc County Jail II PRO 23-24 Page 9 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such records shall include the names of the persons 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 210 Report Preparation assigned to investigate the incident and submitted to the ☒ ☐ ☐ facility manager or designee. 1045 PUBLIC INFORMATION PLAN 219 Community Relations and Public Information Plan Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the BSCC staff inspected the Public Information ☒ ☐ ☐ dissemination of information to the public, to other Plan location and determined the agency to government agencies, and to the news media. The be compliant with this regulation. public and incarcerated persons shall have available for review the following material: (a) The Board of State and Community Corrections 219 Community Relations and Public Minimum Standards for Local Detention Facilities as ☒ ☐ ☐ Information Plan found in Title 15 of the California Code of Regulations. (b) Facility rules and procedures affecting incarcerated 219 Community Relations and Public people as specified in sections: ☒ ☐ ☐ Information Plan (1) 1045, Public Information Plan (2) 1061, Education Plan 219 Community Relations and Public ☒ ☐ ☐ Information Plan (3) 1062, Visiting 219 Community Relations and Public ☒ ☐ ☐ Information Plan (4) 1063, Correspondence 219 Community Relations and Public ☒ ☐ ☐ Information Plan (5) 1064, Library Service 219 Community Relations and Public ☒ ☐ ☐ Information Plan (6) 1065, Exercise and Out of Cell Time 219 Community Relations and Public Information Plan ☒ ☐ ☐ (7) 1066, Books, Newspapers, Periodicals and 219 Community Relations and Public ☒ ☐ ☐ Writings Information Plan (8) 1067, Access to Telephone 219 Community Relations and Public ☒ ☐ ☐ Information Plan (9) 1068, Access to Courts and Counsel 219 Community Relations and Public ☒ ☐ ☐ Information Plan (10) 1069, Orientation 219 Community Relations and Public ☒ ☐ ☐ Information Plan (11) 1070, Individual/Family Service Programs 219 Community Relations and Public ☒ ☐ ☐ Information Plan (12) 1071, Voting 219 Community Relations and Public ☒ ☐ ☐ Information Plan (13) 1072, Religious Observance 219 Community Relations and Public ☒ ☐ ☐ Information Plan (14) 1073, Grievance Procedure 219 Community Relations and Public ☒ ☐ ☐ Information Plan 3220 Modoc County Jail II PRO 23-24 Page 10 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (15) 1080, Rules and Disciplinary Actions 219 Community Relations and Public ☒ ☐ ☐ Information Plan (16) 1081, Plan for Discipline of Incarcerated 219 Community Relations and Public ☒ ☐ ☐ Persons Information Plan (17) 1082, Forms of Discipline 219 Community Relations and Public ☒ ☐ ☐ Information Plan (18) 1083, Limitations on Discipline 219 Community Relations and Public ☒ ☐ ☐ Information Plan (19) 1200, Responsibility for Health Care Services 219 Community Relations and Public ☒ ☐ ☐ Information Plan 1046 DEATH IN CUSTODY 517 Reporting In-Custody Deaths (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. Deaths shall be reviewed to determine the 517 Reporting In-Custody Deaths appropriateness of clinical care; whether changes to policies, procedures, or practices are warranted; and to 517.5 In-Custody Death Review identify issues that require further study. The Sheriff is responsible for establishing a team of qualified staff to conduct an administrative review of every in-custody death. At a minimum, the review team should ☒ ☐ ☐ include the following (15 CCR 1046(a); 15 CCR 1030): (a) Sheriff and/or the Jail Commander (b) County Counsel (c) District Attorney (d) Investigative staff (e) Responsible Physician, qualified health (b) Death of a Minor Juveniles 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 Juveniles are not held at this facility. 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. 3220 Modoc County Jail II PRO 23-24 Page 11 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 509 Classification (a) Each administrator of a temporary holding, Type I, II, The agency provided a sampling of or III facility shall develop and implement a written classification screening reviews. During the classification plan designed to properly assign review, BSCC staff determined the agency incarcerated persons to housing units and activities complies with the requirements of this according to the categories of gender identity, age, regulation. The reports documented the criminal sophistication, seriousness of crime charged, necessary information required by these physical or mental health needs, assaultive/non- regulations. assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide ☒ ☐ ☐ The agency uses several types of for the safety of the incarcerated people and staff. Such questionnaires during the intake process, housing unit assignment shall be accomplished to the including: extent possible within the limits of the available number of distinct housing units or cells in a facility. 1. Intake Questions 2. Medical/Mental Heath The written classification plan shall be based on 3. Drugs objective criteria and include receiving screening 4. Visual Assessment performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall 509 Classification establish and implement a classification system which will include the use of classification officers or a The agency’s policy states, “The classification classification committee in order to properly assign correctional officer shall review the status of incarcerated persons to housing, work, rehabilitation all incarcerated persons who have been programs, and leisure activities. Such a plan shall incarcerated in the facility for more than 30 include the use of as much information as is available days. Additional reviews should occur every about and from the incarcerated person and shall ☒ ☐ ☐ 30 days thereafter.” 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. Note: Subsection (b) does not apply and has been deleted. (c) In deciding housing and programming assignments, 509 Classification 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 502 Reception 704 Emergency Health Care Services The facility administrator, in cooperation with the 711 Medical Screening responsible physician, shall develop written policies and ☒ ☐ ☐ 712 Mental Health Services procedures specifying those symptoms that require 715 Communicable Diseases medical isolation of an incarcerated person until a medical evaluation is completed. 3220 Modoc County Jail II PRO 23-24 Page 12 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be 502 Reception made of the person being booked as to whether the 704 Emergency Health Care Services person has or has had any communicable diseases, 711 Medical Screening such as tuberculosis or has observable symptoms of 712 Mental Health Services tuberculosis or any other communicable diseases, or 715 Communicable Diseases ☒ ☐ ☐ other special medical problem identified by the health authority. The response shall be noted on the medical Each newly booked person is evaluated for screening from. healthcare needs and signs and symptoms of infectious disease. 1052 BEHAVIORAL CRISIS IDENTIFICATION 502 Reception 602 Incarcerated Persons with Disabilities The facility administrator, in cooperation with the 704 Emergency Health Care Services responsible physician, shall develop written policies and 711 Medical Screening procedures to identify and evaluate all incarcerated ☒ ☐ ☐ people who may be in behavioral crisis. Evaluation of 711.5.2 Telehealth behavioral crisis may include telehealth. 711.5 Health Appraisal 712 Mental Health Services 724 Suicide Prevention and Intervention If an evaluation from medical or mental health staff is not 502 Reception readily available, an incarcerated person shall be 602 Incarcerated Persons with Disabilities considered in behavioral crisis for the purpose of this 704 Emergency Health Care Services section if they appear to be a danger to themselves or 711 Medical Screening others or appear gravely disabled. 711.5 Health Appraisal 711.5.2 Telehealth 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ The agency’s policy states, “Upon the identification of an incarcerated person who may be in a behavioral crisis, a physician's opinion will be secured within 24 hours, or next sick call, whichever is earliest (15 CCR 1052).” And also states, “Telehealth may be incorporated into procedures used to identify and evaluate incarcerated persons who may be in a behavioral crisis (15 CCR 1052).” An evaluation from medical or mental health staff shall 502 Reception be secured within 24 hours of identification or at the next 602 Incarcerated Persons with Disabilities daily sick call, whichever is earliest. 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention The agency’s policies have provisions to ☒ ☐ ☐ provide separate and appropriate housing away from the general population for the safety of persons incarcerated. The agency’s policy states, “Upon the identification of an incarcerated person who may be in a behavioral crisis, a physician's opinion will be secured within 24 hours, or next sick call, whichever is earliest (15 CCR 1052).” 3220 Modoc County Jail II PRO 23-24 Page 13 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Separation may be used if necessary, to protect the 502 Reception safety of the person in crisis or others. 505 Special Management Incarcerated Persons 602 Incarcerated Persons with Disabilities ☒ ☐ ☐ 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention 1053 ADMINISTRATIVE SEPARATION 505 Special Management Incarcerated Persons Except for Type IV facilities, facility administrators shall 509 Classification develop and implement policies and procedures for the 502 Reception administrative separation of incarcerated people. 600.4.3 Administrative Segregation Housing 601 Disciplinary Separation The agency’s policy contains criteria and circumstances for persons who are placed in special management housing areas. The ☒ ☐ ☐ policy complies with the requirements of this regulation. Due to the low population of persons in custody, the agency rarely uses administrative separation. The agency has the ability to have housing areas with only one or two people in them. Compliance with these regulations is based on policies and interviews with staff. Policies and procedures must include: 505 Special Management Incarcerated (a) Administrative separation may consist of separate Persons housing but shall not involve any other deprivation of 509 Classification privileges than is necessary to obtain the objective of 502 Reception protecting the welfare of incarcerated people and facility 600.4.3 Administrative Segregation Housing ☒ ☐ ☐ staff. 601 Disciplinary Separation During the onsite inspection, no persons were housed in separation. (b) Administrative separation must not adversely affect 505 Special Management Incarcerated an incarcerated person’s health. Persons 505.8.1 Health Considerations ☒ ☐ ☐ 509 Classification 502 Reception 600.4.3 Administrative Segregation Housing 601 Disciplinary Separation 3220 Modoc County Jail II PRO 23-24 Page 14 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Administrative separation may be used for 505 Special Management Incarcerated incarcerated people who have: Persons (1)A documented history of activity or behavior, or 509 Classification promoting such activity or behavior, that is criminal 502 Reception in nature, disruptive to facility operations, or affects 600.4.3 Administrative Segregation Housing the safety of the facility, other incarcerated people, 601 Disciplinary Separation 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 505 Special Management Incarcerated administrative separation to obtain the objective of Persons protecting the welfare of incarcerated people and facility 509 Classification staff. ☒ ☐ ☐ 502 Reception 600.4.3 Administrative Segregation Housing 601 Disciplinary Separation (e) A documented individualized ongoing review and 505 Special Management Incarcerated evaluation of the need to continue placement in Persons administrative separation. 505.7 Review of Status 509 Classification 502 Reception 600.4.3 Administrative Segregation Housing 601 Disciplinary Separation The agency’s policy states, “The Shift Supervisor or the classification officer shall ☒ ☐ ☐ review the status of all incarcerated persons who are housed in restrictive housing units and designated for administrative separation or protective custody. This review shall occur every seven days for the first two months of separation and at least once every 30 days thereafter. The review should include information about these incarcerated persons to determine whether their status in administrative separation and protective custody is still warranted.” 3220 Modoc County Jail II PRO 23-24 Page 15 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL 520 Safety and Sobering Cells The safety cell described in Title 24, Part 2, Section The agency has had limited safety cell 1231.2.5, shall be used to hold only those people who placements during this inspection cycle. display behavior which results in the destruction of BSCC staff reviewed a random sampling of property or reveals an intent to cause physical harm to safety cell placement reports to justify the self or others. ☒ ☐ ☐ placement. BSCC staff provided technical assistance to the agency by suggesting they add actual suicide statements made by the person in their documentation. The facility administrator, in cooperation with the 520 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 520 Safety and Sobering Cells punishment or as a substitute for treatment. ☒ ☐ ☐ (b) A person shall be placed in a safety cell only with the 520 Safety and Sobering Cells approval of the facility manager or designee, or responsible health care staff; continued retention shall BSCC staff reviewed a random sampling of be reviewed a minimum of every four hours. safety cell placement reports for continued retention. During the review, BSCC staff ☐ ☒ ☐ determined the agency is noncompliant due to not having a facility manager, designee, or responsible healthcare staff review the person for continued retention. (c) A medical assessment shall be completed as soon as 520 Safety and Sobering Cells possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be BSCC staff reviewed safety cell placement medically cleared for continued retention, referral to ☒ ☐ ☐ reports for compliance with this regulation. advanced treatment, or removal from the safety cell a During the review, BSCC staff determined to minimum of every 24 hours thereafter. be compliant with this regulation. (d) The facility manager, designee or responsible health 520 Safety and Sobering Cells care staff shall obtain a mental health opinion/consultation with responsible health care staff on When medical staff is unavailable, the agency placement and retention, which shall be secured as soon takes the person to Modoc Medical Center for as possible, but not more than 12 hours from placement. a medical evaluation on placement and clearance for a safety cell. Or a Crisis Nurse from Modoc County Behavioral Health comes to the Jail to conduct an assessment of the ☒ ☐ ☐ person. BSCC staff reviewed a sampling of safety cell placement reports for compliance with this regulation. During the review, BSCC staff determined the agency complies with this regulation. 3220 Modoc County Jail II PRO 23-24 Page 16 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Direct visual observation shall be conducted at least 520 Safety and Sobering Cells twice every 30 minutes, with no more than a 15-minute lapse between safety checks. Such observation shall be BSCC staff reviewed a sampling of safety cell documented. safety check logs for compliance with this ☒ ☐ ☐ regulation. During the review, BSCC staff determined the agency routinely completes safety checks within the time requirements of this regulation. (f) Procedures shall be established to assure 520 Safety and Sobering Cells administration of necessary nutrition and fluids. During the review of the observation logs, the ☒ ☐ ☐ agency staff documents when fluids and nutrition are given for compliance with this regulation. (g) People placed in the safety cell shall be allowed to 520 Safety and Sobering Cells retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☒ ☐ ☐ The agency documents that safety garments privacy unless specific identifiable risks to the person's are provided to people in safety cells. safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL 520.4 Sobering Cell Procedures The sobering cell described in Title 24, Part 2, Section BSCC staff reviewed a sampling of twenty- 1231.2.4, shall be used for temporary holding of two sobering cell placement reports. After the incarcerated people who are a threat to their own safety ☒ ☐ ☐ documentation review, BSCC staff or the safety of others due to their state of intoxication. determined the agency complies with this regulation. A person shall be removed from the sobering cell as 520.4 Sobering Cell Procedures soon as they are able to continue the admission process or are no longer a risk to themselves or others. BSCC staff reviewed a sampling of nineteen sobering cell placement reports, logs, and the ☒ ☐ ☐ agency's policy. During the review, BSCC staff determined the agency complies with this regulation. In no case shall a person remain in a sobering cell over 520.4 Sobering Cell Procedures 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 520.4 Sobering Cell Procedures receive an evaluation by responsible health care staff. BSCC staff reviewed a sampling of nineteen sobering cell placement reports, logs, and the agency's policy. During the review, BSCC ☒ ☐ ☐ staff noted all of the placement were held less than twelve hours and determined the agency complies with this regulation. 3220 Modoc County Jail II PRO 23-24 Page 17 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of people held in 520.4 Sobering Cell Procedures the sobering cell shall be conducted no less than every half hour. Such observation shall be documented. BSCC staff reviewed a sampling of nineteen sobering cell placement reports, logs, and the ☒ ☐ ☐ agency's policy. During the review, BSCC staff determined the agency complies with this regulation. 1057 DEVELOPMENTAL DISABILITIES 711 Medical Screening 602 Incarcerated Persons with Disabilities The facility administrator, in cooperation with the Medical Questionnaire responsible physician, shall develop written policies 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 711 Medical Screening regional center for any incarcerated person suspected or 602 Incarcerated Persons with Disabilities confirmed to have a developmental disability for the ☒ ☐ ☐ Intake Medical Questionnaire purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 512 Use of Force 513 Use of Restraints The facility administrator, in cooperation with the responsible physician, shall develop and implement Restraints defined by this regulation are not written policies and procedures for the use of restraint used at this facility. 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. 3220 Modoc County Jail II PRO 23-24 Page 18 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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. (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. 3220 Modoc County Jail II PRO 23-24 Page 19 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT PERSONS 705 Health Care for Pregnant Incarcerated Persons The facility administrator, in cooperation with the 705.2.1 Advisement and Counseling responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant The agency’s policy states, “Inmates who are people. pregnant shall be advised of the provisions of In accordance with Penal Code Section 3407, the policy this policy manual, the Penal Code, and shall include reference to the following: ☒ ☐ ☐ standards established by Board of State and Community Corrections related to pregnant inmates (Penal Code § 3407(e); 15 CCR 1058.5).” There were no pregnant persons on the day of inspection to interview. (1) An incarcerated person known to be pregnant or 705 Health Care for Pregnant Incarcerated in recovery after delivery or termination of the Persons ☒ ☐ ☐ pregnancy shall not be restrained by the use of leg 705.2.1 Advisement and Counseling or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during 705 Health Care for Pregnant Incarcerated delivery, or in recovery after delivery or termination Persons of the pregnancy, shall not be restrained by the 705.2.1 Advisement and Counseling ☒ ☐ ☐ 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 705 Health Care for Pregnant Incarcerated who is currently responsible for the medical care of Persons an incarcerated pregnant person during a medical 705.2.1 Advisement and Counseling ☒ ☐ ☐ 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 705 Health Care for Pregnant Incarcerated pregnancy, they shall be advised, orally or in writing, Persons of the standards and policies governing incarcerated 705.2.1 Advisement and Counseling pregnant people. ☒ ☐ ☐ After reviewing the agency's policy and conducting interviews with staff, BSCC staff determined the agency is compliant with this regulation. 1059 DNA COLLECTION, USE OF FORCE 521 Biological Samples (a) Pursuant to Penal Code Section 298.1, authorized The agency stated they would not use force in law enforcement, custodial, or corrections personnel the collection of DNA. 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. 3220 Modoc County Jail II PRO 23-24 Page 20 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) For the purpose of this regulation, the “use of 521 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 521 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 521 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 521 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 1006 Education, Vocation, and Rehabilitation The facility administrator of any Type II or III facility shall The agency has work programs that include plan and shall request of appropriate public officials an the kitchen and landscaping for county education program for incarcerated persons. buildings. The agency also provides AA, NA, ☒ ☐ ☐ and church services. The agency is contracting with its phone vendor to offer tablets for visits and education. The agency will also provide Mental Health Classes starting at the end of October 2023. When such services are not made available by the 1006 Education, Vocation, and Rehabilitation appropriate public officials, then the facility administrator ☒ ☐ ☐ shall develop and implement an education program with available resources. Such a plan shall provide for the voluntary academic or 1006 Education, Vocation, and Rehabilitation ☒ ☐ ☐ vocational, or both, education of housed people. Reasonable criteria for program eligibility shall be 1006 Education, Vocation, and Rehabilitation established. Modified academic or vocational opportunities may be provided based on sound security ☒ ☐ ☐ practices or a person’s failure to abide by facility rules and regulations. 1062 VISITING 600 Inmate Discipline 1011 Visitation The facility administrator shall develop and implement ☒ ☐ ☐ Orientation Manual written policies and procedures, which include the following requirements: 3220 Modoc County Jail II PRO 23-24 Page 21 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) A visiting program which shall provide for: 1011 Visitation (1) As many in-person visits and visitors as facility Orientation Manual ☒ ☐ ☐ schedules, space, and number of personnel will allow. (2) A publicly posted schedule of facility visiting 1011 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 IV 1011 Visitation facilities there shall be allowed no fewer than two visits totaling at least one hour per incarcerated The agency provides two one-hour visits each person each week. ☒ ☐ ☐ week that exceed the regulation. The agency also allows texts through the phone system contract. (b) Visits may not be cancelled unless a legitimate 1011 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 1011 Visitation section shall include provision for visitation by minor ☒ ☐ ☐ children of the incarcerated person. (d) Video visitation may be used to supplement existing 1011 Visitation 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 1011 Visitation 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) 1011 Visitation 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; In-person barrier. 3220 Modoc County Jail II PRO 23-24 Page 22 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Visitation hours; Female: Wednesday and Saturday 1000-1100 General Population Male: Wednesday and Saturday 1400-1500 Segregated Male: Wednesday and Saturday 1500-1600 Inmate Workers: Wednesday 1800-1900, Saturday 1400-1500 Time inmates are allowed for visitation; and, Two visitation periods, one (1) hour each (2 hours total). Any restrictions on inmate visitation. Visitors must be signed in for visitation no fewer than five (5) minutes prior to the beginning of each visitation period. Visitors must be at least eighteen years of age and be in possession of proper picture identification. Visitors and inmates will conduct themselves in an acceptable manner or visiting privileges will be suspended. Visitation may be temporarily suspended should an emergency arise. 1063 CORRESPONDENCE 1009 Mail The facility administrator shall develop written policies In addition to paper mail, the agency also ☒ ☐ ☐ and procedures for correspondence which provide that: allows texts through the phone system (a) there is no limitation on the volume of mail that an contract. incarcerated person may send or receive; (b) an incarcerated person’s correspondence may be 1009 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 1009 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, confidentially, 1009 Mail ☒ ☐ ☐ with the facility manager or the facility administrator; and, (e) those incarcerated persons who are without funds 1009 Mail shall be permitted at least four postage paid envelopes 1009.10 Indigent Incarcerated Persons and eight sheets of paper each week to permit Requests For Writing Materials 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. 3220 Modoc County Jail II PRO 23-24 Page 23 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1064 LIBRARY SERVICES 048 Library Services The facility administrator shall develop written policies During the onsite inspection, BSCC staff and procedures for library service in all Type II, III, and observed the facility's library and noted most IV facilities. The scope of such service shall be of the modules had several books in the determined by the facility administrator. The library dayrooms. Persons incarcerated stated they service shall include access to the following resources ☒ ☐ ☐ have daily access or upon request to visit the via paper documents or through electronic media and library. 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 OUT OF CELL TIME 1005 Exercise and Out-of-Cell Time Orientation Manual (a) The facility administrator of a Type II or III facility shall develop written policies and procedures for a minimum During the onsite inspection, BSCC staff of 10 hours of out of cell time distributed over a period of interviewed multiple incarcerated persons seven days to include: about access to the recreation yard and out- ☒ ☐ ☐ of-cell time. During the interviews, persons incarcerated stated they are offered daily access to the recreation yard. BSCC staff determined the agency complies with this regulation. (1) an opportunity for three hours of exercise and ☒ ☐ ☐ 1005 Exercise and Out-of-Cell Time (2) an opportunity for seven hours of recreation. ☒ ☐ ☐ 1005 Exercise and Out-of-Cell Time Policies shall include reasonable and necessary 1005 Exercise and Out-of-Cell Time ☒ ☐ ☐ procedures to ensure safety and security. 1066 BOOKS, NEWSPAPERS, PERIODICALS, 600 Discipline AND WRITINGS Orientation Manual 1009 Mail (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 600 Discipline any legitimate penological interest; ☒ ☐ ☐ Orientation Manual 1009 Mail 3220 Modoc County Jail II PRO 23-24 Page 24 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) exclude obscene publications or writings, and 600 Discipline mail containing information concerning where, how, Orientation Manual or from whom such matter may be obtained; and any 1009 Mail 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 600 Discipline received by an incarcerated person; and ☒ ☐ ☐ Inmate Orientation Manual 1009 Mail (4) restrict the number of books, newspapers, 600 Discipline periodicals, or writings the incarcerated person may ☒ ☐ ☐ Inmate Orientation Manual have in their cell or elsewhere in the facility at one 1009 Mail time. 1067 ACCESS TO TELEPHONE 502 Reception 600 Discipline The facility administrator shall develop written policies 602.3 Jail Commander Responsibilities and procedures which allow access to a telephone or Inmate Orientation Manual communication device beyond those telephone calls 503.2.2 Orientation For Non-Readers, which are required by Section 851.5 of the Penal Code. Visually Impaired And Deaf Or Hard-Of- Such devices may include but are not limited to Hearing Inmates videophones, teletypewriters, or third-party communications assistance. An individual’s access to On the day of the comprehensive inspection, telephone communications shall not be withdrawn BSCC staff determined the agency was ☒ ☐ ☐ unless doing so is required to uphold the safety and noncompliant with this regulation due to not security of the facility. having appropriate telecommunication devices for people who are known to have or are perceived by others as having hearing or speech impairments. Before completing this report, the agency purchased the “Purple App” tablet to comply with this regulation. 1068 ACCESS TO COURTS AND COUNSEL 502 Reception 600 Discipline The facility administrator shall develop written policies ☒ ☐ ☐ 601 Disciplinary Separation and procedures to ensure incarcerated persons have 603 Inmate Access to Courts and Counsel access to the court and to legal counsel. 1009 Inmate Mail Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these 502 Reception regulations, and, 600 Discipline ☒ ☐ ☐ 601 Disciplinary Separation 603 Inmate Access to Courts and Counsel 1009 Inmate Mail (b) confidential consultation with attorneys. 502 Reception 600 Discipline ☒ ☐ ☐ 601 Disciplinary Separation 603 Inmate Access to Courts and Counsel 1009 Inmate Mail 3220 Modoc County Jail II PRO 23-24 Page 25 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1069 ORIENTATION 503 Handbook and Orientation 503.2.2 Orientation For Non-Readers, (a) In Type II, III, and IV facilities, the facility administrator Visually Impaired And Deaf Or Hard-Of- shall develop written policies and procedures for the Hearing Inmates implementation of a program for people newly admitted Orientation Manual to the facility designed to orient them at the time of placement in a living area. The Orientation Manual is in the dayroom ☒ ☐ ☐ kiosks (CIDNet) for all persons to access. The agency’s staff can also print out the manual as well. The persons interviewed were well- versed in how the kiosk systems work and demonstrated the ease of use during the inspection. Both written and verbal information shall be provided and 503 Handbook and Orientation may be supplemented with video orientation. Orientation Manual ☒ ☐ ☐ Deputies verbally explain the orientation process and the CIDNet kiosk during intake. Provision shall be made to provide accessible orientation 503 Handbook and Orientation information to each person, including those with Orientation Manual ☒ ☐ ☐ disabilities, limited literacy, or those with limited English proficiency (LEP). Such a program shall be published and include, but not 503 Handbook and Orientation be limited to, the following: Orientation Manual ☒ ☐ ☐ (1) correspondence, visiting, and telephone usage rules; (2) rules and disciplinary procedures; 503 Handbook and Orientation ☒ ☐ ☐ Orientation Manual (3) grievance procedures; 503 Handbook and Orientation ☒ ☐ ☐ Orientation Manual (4) programs and activities available and method of 503 Handbook and Orientation application; ☒ ☐ ☐ Orientation Manual 1006 Education, Vocation, and Rehabilitation (5) medical and mental health services; 503 Handbook and Orientation ☒ ☐ ☐ Orientation Manual (6) classification/housing assignments; 503 Handbook and Orientation ☒ ☐ ☐ Orientation Manual (7) court appearance where scheduled, if known; 503 Handbook and Orientation ☒ ☐ ☐ Orientation Manual (8) voting, including registration; 503 Handbook and Orientation ☒ ☐ ☐ Orientation Manual 3220 Modoc County Jail II PRO 23-24 Page 26 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (9) zero tolerance policy against sexual abuse and 503 Handbook and Orientation sexual harassment; and, Orientation Manual 606.4 Reporting sexual abuse ☒ ☐ ☐ 606 PREA 310.2 PREA Training (10) availability of personal care items and 503 Handbook and Orientation ☒ ☐ ☐ opportunities for personal hygiene. Orientation Manual 1070 INDIVIDUAL/FAMILY SERVICE PROGRAMS Orientation Manual 1006 Education, Vocation, and Rehabilitation The facility administrator of a Type II, III, or IV facility shall develop written policies and procedures which The agency has work programs that include facilitate cooperation with appropriate public or private the kitchen and landscaping for county agencies for individual or family social service programs buildings. The agency also provides AA, NA, ☒ ☐ ☐ for incarcerated persons. Such a program shall utilize the and church services. The agency is services and resources available in the community and contracting with its phone vendor to offer may be in the form of a resource guide or actual service tablets for visits and education. The agency delivery. will also provide Mental Health Classes starting at the end of October 2023. The range and source of such services shall be at the 1006 Education, Vocation, and Rehabilitation discretion of the facility administrator and may include: Orientation Manual (a) risk and needs assessments; (b) best practices in: (1) individual, group or family counseling; (2) drug and alcohol abuse counseling; (3) cognitive behavioral interventions; (4) vocational testing and counseling; ☒ ☐ ☐ (5) employment counseling; (6) discharge and reentry planning; (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 502.A - Inmate Orientation Manual 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 600 Discipline Inmate Orientation Manual 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. 3220 Modoc County Jail II PRO 23-24 Page 27 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1073 GRIEVANCE PROCEDURE 609 Grievances Inmate Orientation Manual (a) Each administrator of a Type II, III, or IV facility and Type I facilities which hold incarcerated workers shall develop written policies and procedures whereby all The agency has an electronic filing system incarcerated persons have the opportunity and ability to (CIDNet) for persons incarcerated to file submit and appeal grievances relating to any conditions grievances. of confinement, including but not limited to: medical care; classification actions; disciplinary actions; program BSCC staff reviewed a sampling of participation; telephone, mail, and visiting procedures; grievances. During the review, BSCC staff and food, clothing, and bedding. noted grievances were answered within a Such policies and procedures shall include: ☒ ☐ ☐ couple of days. During the onsite inspection, BSCC staff interviewed incarcerated persons who stated they use the kiosk to file a grievance or request a paper form. After reviewing grievance reports and interviewing incarcerated persons, BSCC staff determined the agency complies with this regulation. (1) a grievance form; ☒ ☐ ☐ 609 Grievances (2) instructions for registering and appealing a 609 Grievances ☒ ☐ ☐ grievance, including relevant deadlines; (3) a process for submission and handling of 609 Grievances ☒ ☐ ☐ anonymous grievances; (4) resolution of the grievance at the lowest 609 Inmate Grievances ☒ ☐ ☐ appropriate staff level; (5) appeal to the next level of review; ☒ ☐ ☐ 609 Grievances (6) written reasons for denial of grievance at each 609 Grievances ☒ ☐ ☐ level of review which acts on the grievance; (7) provision for a non-automated initial response 609 Grievances within a reasonable time limit which shall not exceed a period of 15 calendar days; BSCC staff reviewed a sampling of grievances. During the review, BSCC staff ☒ ☐ ☐ noted grievances were answered on the same day or within a couple of days of the filing date. (8) provision for resolving questions of jurisdiction 609 Grievances ☒ ☐ ☐ within the facility; (9) provision for providing a copy of the grievance, 609 Grievances appeal, response, and related documents to the ☒ ☐ ☐ incarcerated person; and, (10) The facility manager or designee shall conduct 609 Inmate Grievances regular review of grievances, responses, and appeals. ☒ ☐ ☐ All appeals go to the Undersheriff or Sheriff for review. 3220 Modoc County Jail II PRO 23-24 Page 28 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Grievance System Abuse: 609 Grievances The facility may establish written policy and procedure to ☒ ☐ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY ACTIONS 600 Discipline Inmate Orientation Manual Wherever discipline is administered, each facility administrator shall establish written rules and BSCC staff reviewed a sampling of Inmate disciplinary actions to guide the conduct of incarcerated ☒ ☐ ☐ Rules of Conduct Violation reports. The persons. Undersheriff or sergeant reviews all violation Notes: If discipline IS NOT administered, written policy reports for approval or dismissal of imposed should indicate as such. If discipline IS administered, disciplinary sanctions. Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply 600 Discipline and affirmatively and posted conspicuously in housing Inmate Orientation Manual ☒ ☐ ☐ units and the booking area or issued to each person upon booking. For those individuals with limited literacy, who are unable 600.8.3 Staff Assistance to read English, and for persons with disabilities, Inmate Orientation Manual 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 600 Inmate Discipline PERSONS 601 Disciplinary Separation Inmate Orientation Manual 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 During the documentation review, BSCC staff elements: determined the agency is compliant with this regulation. (a) Temporary Loss of Privileges: For minor acts of non- 600 Discipline conformance or minor violations of facility rules, staff 601 Disciplinary Separation may impose a temporary loss of privileges, such as ☒ ☐ ☐ Inmate Orientation Manual 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 600 Discipline or repetitive minor acts of non-conformance or repetitive 601 Disciplinary Separation minor violations of facility rules shall be reported in ☒ ☐ ☐ Inmate Orientation Manual 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. ☒ ☐ ☐ 600 Discipline 2. Placement in disciplinary separation. ☒ ☐ ☐ 600 Discipline 3. Loss of privileges mandated by regulations. ☒ ☐ ☐ 600 Discipline A staff member with investigative and disciplinary 600 Discipline authority shall be designated as a disciplinary officer to ☒ ☐ ☐ impose such consequences. 3220 Modoc County Jail II PRO 23-24 Page 29 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Staff shall not participate in disciplinary review if they are 600 Discipline ☒ ☐ ☐ involved in the charges. Such charges pending against an incarcerated person 600 Discipline 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 600 Discipline hearing shall be provided no sooner than 24 hours after the report has been submitted to the The agency allows persons incarcerated to disciplinary officer and the incarcerated person has sign the “Notification of Violation” report. The been informed of the charges in writing. The hearing ☒ ☐ ☐ report informs the person of the narrative of may be postponed or continued for a reasonable the violation and the ability to waive the right time through a written waiver by the incarcerated to a hearing and accept the imposed person, or for good cause. sanctions. 3. The incarcerated person shall be permitted to 600 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 72 600 Discipline hours after an incarcerated person has been ☒ ☐ ☐ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary 600 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 600 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 a 600 Discipline ☒ ☐ ☐ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility 600 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 600 Discipline conditions or restrictions that reasonably relate to a ☒ ☐ ☐ legitimate, non-punitive administrative purpose. 3220 Modoc County Jail II PRO 23-24 Page 30 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE 600 Discipline 601 Disciplinary Separation The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule During the documentation review, BSCC staff infraction and promotion of desired behavior through a noted the majority of sanctions given were for progressive disciplinary process. Acceptable forms of less than two weeks or dismissed by the discipline shall consist of, but not be limited to, the sergeant. 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 600 Discipline 601 Disciplinary Separation The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary During the documentation review, BSCC staff actions shall not include corporal punishment, group noted the majority of sanctions given were for punishment when feasible, or physical or psychological less than two weeks or dismissed by the degradation. ☒ ☐ ☐ sergeant. 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 600 Discipline 30 consecutive days there shall be a review by the 601 Disciplinary Separation facility manager before the disciplinary separation status is continued. This review shall include a During the review of disciplinary reports, there ☒ ☐ ☐ consultation with health care staff. Such reviews were no sanctions given for separation. 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 600 Discipline the minimum furnishings and space specified in Title 601 Disciplinary Separation 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 600 Discipline medical staff determine that an individual has 601 Disciplinary Separation serious mental illness or an intellectual disability, 601.6 Mental Health Considerations they shall be removed from disciplinary separation ☒ ☐ ☐ immediately upon this determination. During the review of disciplinary reports, there were no sanctions given for separation. 3220 Modoc County Jail II PRO 23-24 Page 31 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) The delegation of authority to any incarcerated 600 Discipline person or group of incarcerated people to exercise the 601 Disciplinary Separation 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, 600 Discipline Part 2, 1231.2.5, or any restraint device be used for ☒ ☐ ☐ 601 Disciplinary Separation disciplinary purposes. (d) No incarcerated person may be deprived of the 600 Discipline implements necessary to maintain an acceptable level of 601 Disciplinary Separation ☒ ☐ ☐ personal hygiene as specified in Section 1265 of these regulations. (e) Food shall not be withheld as a disciplinary measure. 600 Discipline ☒ ☐ ☐ 601 Disciplinary Separation (f) Correspondence privileges shall not be withheld 600 Inmate Discipline except in cases where the incarcerated person has 601 Disciplinary Separation 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 600 Discipline ☒ ☐ ☐ be suspended as a disciplinary measure. 601 Disciplinary Separation 1084 DISCIPLINARY RECORDS 600 Discipline 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. 1206.5 MANAGEMENT OF COMMUNICABLE OPERATION POLICY: Interim Jail Policy to DISEASES IN A CUSTODY SETTING address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. (a) The responsible physician, in conjunction with the Edward P. Richert, Modoc County Health facility administrator and the county health officer, shall Officer. develop a written plan to address the identification, treatment, control and follow-up management of 715 Communicable Diseases 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 authority OPERATION POLICY: Interim Jail Policy to shall, in cooperation with the facility administrator and address health and safety of incarcerated and the county health officer, set forth in writing, policies and detained persons, staff, and visitors; by Dr. procedures in conformance with applicable state and ☒ ☐ ☐ Edward P. Richert, Modoc County Health federal law, which include, but are not limited to: Officer. 715 Communicable Diseases 3220 Modoc County Jail II PRO 23-24 Page 32 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) The types of communicable diseases to be OPERATION POLICY: Interim Jail Policy to reported; address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. Edward P. Richert, Modoc County Health ☒ ☐ ☐ Officer. 715 Communicable Diseases (2) The persons who shall receive the medical OPERATION POLICY: Interim Jail Policy to reports; address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. Edward P. Richert, Modoc County Health Officer. ☒ ☐ ☐ 715 Communicable Diseases 715.7.3 Medical Consultation, Evaluation And Treatment 715.7.5 Confidentiality Of Reports (3) Sharing of medical information with incarcerated OPERATION POLICY: Interim Jail Policy to persons and custody staff; address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. Edward P. Richert, Modoc County Health Officer. ☒ ☐ ☐ 715 Communicable Diseases 715.7.3 Medical Consultation, Evaluation And Treatment 715.7.5 Confidentiality Of Reports (4) Medical procedures required to identify the OPERATION POLICY: Interim Jail Policy to presence of disease(s) and lessen the risk of address health and safety of incarcerated and exposure to others; detained persons, staff, and visitors; by Dr. ☒ ☐ ☐ Edward P. Richert, Modoc County Health Officer. 715 Communicable Diseases (5) Medical confidentiality requirements; 715 Communicable Diseases 715.7.3 Medical Consultation, Evaluation And ☒ ☐ ☐ Treatment 715.7.5 Confidentiality Of Reports (6) Housing considerations based upon behavior, OPERATION POLICY: Interim Jail Policy to medical needs, and safety of the affected address health and safety of incarcerated and incarcerated persons; detained persons, staff, and visitors; by Dr. ☒ ☐ ☐ Edward P. Richert, Modoc County Health Officer. 715 Communicable Diseases 3220 Modoc County Jail II PRO 23-24 Page 33 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (7) Provisions for consent by an incarcerated person OPERATION POLICY: Interim Jail Policy to that address the limits of confidentiality; and, address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. ☒ ☐ ☐ Edward P. Richert, Modoc County Health Officer. 715 Communicable Diseases (8) Reporting and appropriate action upon the OPERATION POLICY: Interim Jail Policy to possible exposure of custody staff to a address health and safety of incarcerated and communicable disease. detained persons, staff, and visitors; by Dr. Edward P. Richert, Modoc County Health Officer. ☒ ☐ ☐ 715 Communicable Diseases 715.7.3 Medical Consultation, Evaluation And Treatment 715.7.5 Confidentiality Of Reports 715.7.7 Exposure From A Non-Inmate 715.7.8 Exposure From An Inmate 1211 SICK CALL 704 Emergency Health Care Services 705 Health Care for Pregnant Incarcerated The facility administrator, in cooperation with the health Persons authority, shall develop written policies and procedures, 707 Health Authority which provide daily sick call for all incarcerated persons 711 Medical Screening or provision made that any incarcerated person 729 Continuation of Care requesting medical/mental health attention be given 731 Informed Consent and Right to Refuse such attention. Medical Care The agency has sick calls on Fridays. Persons incarcerated submit a request to see the doctor. The agency faxes the request to Modoc Medical Clinic, where the doctor's assistant reviews and schedules the visit. On Friday at approximately 1400 hours, the ☒ ☐ ☐ doctor and his assistant come to the Jail to conduct a sick call. Persons incarcerated can request Mental Health Visits through the CIDNet kiosk to see the tele-med doctor. The agency faxes the request to Modoc Behavioral Health, and they schedule an intake interview and an appointment for telehealth on Thursdays. When there is a medical emergency, the agency's staff notifies the Modoc Medical Center Ambulance and/or the Alturas City Fire Department. 3220 Modoc County Jail II PRO 23-24 Page 34 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1240 FREQUENCY OF SERVING 900 Food Services 909 Prescribed Therapeutic Diets In Temporary Holding, Type I, II, and III facilities, and those Type IV facilities where food is served, food shall Meals are served at: be served three times in any 24-hour period. At least one of these meals shall include hot food. Supplemental food • Breakfast: 0530 hours ☒ ☐ ☐ must be served to incarcerated persons if more than 14 • Lunch: 1100-1200 hours hours pass between evening and morning meals. • Dinner: 1700-1800 hours 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 900 Food Services actual consumption of each meal except for those on 909 Prescribed Therapeutic Diets ☒ ☐ ☐ medical diets where the responsible physician has prescribed additional time. Provisions shall be made for incarcerated persons who 900 Food Services may miss a regularly scheduled facility meal. They shall 909 Prescribed Therapeutic Diets be provided with a substitute meal and beverage, and on ☒ ☐ ☐ medical diets shall be provided with their prescribed meal. 1260 STANDARD INSTITUTIONAL CLOTHING 807.3.2 Clothing Issue The standard issue of climatically suitable clothing to During the onsite inspection, BSCC staff incarcerated people held after arraignment in all but observed persons incarcerated are allowed to Court Holding, Temporary Holding, and Type IV facilities ☒ ☐ ☐ wash their issued clothing and are provided shall include, but not be limited to: new clothing upon request. Persons (a) Clean socks and footwear; incarcerated stated they can wash their clothes daily or when needed. (b) Clean outergarments; and, ☒ ☐ ☐ 807.3.2 Clothing Issue (c) Clean undergarments; ☒ ☐ ☐ 807.3.2 Clothing Issue (1) For males – shorts and undershirt, and ☒ ☐ ☐ 807.3.2 Clothing Issue (2) For females – bra and two pairs of panties. ☒ ☐ ☐ 807.3.2 Clothing Issue The person’s personal undergarments and footwear may 807.3.2 Clothing Issue be substituted for the institutional undergarments 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 807.3.2 Clothing Issue free of holes or tears, reasonably fitted, durable, easily 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. 3220 Modoc County Jail II PRO 23-24 Page 35 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1264 CONTROL OF VERMIN IN PERSONAL 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 807 Incarcerated Person Hygiene There shall be written policies and procedures 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, ☒ ☐ ☐ 807 Incarcerated Person Hygiene (b) Dentifrice, ☒ ☐ ☐ 807 Incarcerated Person Hygiene (c) Soap, ☒ ☐ ☐ 807 Incarcerated Person Hygiene (d) Comb, and ☒ ☐ ☐ 807 Incarcerated Person Hygiene (e) Shaving implements. ☒ ☐ ☐ 807 Incarcerated Person Hygiene Personal care items shall be issued within the first 12 807 Incarcerated Person Hygiene hours of housing assignment. Incarcerated persons shall ☒ ☐ ☐ not be required to share any personal care items listed in items “a” through “d.” Incarcerated people will not share disposable razors. 807 Incarcerated Person Hygiene Double edged safety razors, electric razors, and other 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 807.9 Incarcerated Person Showers There shall be written policies and procedures All housing areas have showers located in the developed by the facility administrator for ☒ ☐ ☐ dayrooms. All persons have access to the showering/bathing. Incarcerated persons shall be showers when the module dayrooms are permitted to shower/bathe upon assignment to a housing open for free time. unit and at least every other day or more often if possible. Absent exigent circumstances, no person shall be 807.9 Incarcerated Person Showers prohibited from showering at least every other day 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. 3220 Modoc County Jail II PRO 23-24 Page 36 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1267 HAIR CARE SERVICES 608 Grooming ☒ ☐ ☐ (a) Hair care services shall be available. (b) Except those who may not shave for reasons of 608 Grooming identification in court, incarcerated people shall be allowed to shave daily and receive hair care services at ☒ ☐ ☐ 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 608 Grooming method approved by the State Board of Barbering and Cosmetology to meet the requirements of Title 16, The agency’s policy states, “Grooming Division 9, Sections 979 and 980, California Code of equipment is to be inventoried and inspected Regulations. by the staff at the beginning of each shift and prior to being issued to inmates. The staff shall ensure that all equipment is returned by ☒ ☐ ☐ the end of the shift and is not damaged or missing parts. Grooming equipment will be disinfected before and after each use by the methods approved by the State Board of Barbering and Cosmetology to meet the requirements of (16 CCR 979; 16 CCR 980; 15 CCR 1267(c)).” 1270 STANDARD BEDDING AND LINEN ISSUE 807.3.1 Bedding Issue The standard issue of clean suitable bedding and linens, During the onsite inspection, BSCC staff for each incarcerated person entering a living area who is expected to remain overnight, shall include, but not be ☒ ☐ ☐ interviewed persons incarcerated who informed them they receive bedding limited to: exchange weekly and can wash the linen (a) one serviceable mattress which meets the themselves in the facility’s laundry room. requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; ☒ ☐ ☐ 807.3.1 Bedding Issue (c) one towel; and, ☒ ☐ ☐ 807.3.1 Bedding Issue (d) one blanket or more depending up on climatic 807.3.1 Bedding Issue ☒ ☐ ☐ conditions. Policy and procedure shall require that items (a), (b), and 807.3.1 Bedding Issue ☒ ☐ ☐ (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one 807.3.1 Bedding Issue mattress cover or one sheet at the request of the ☒ ☐ ☐ incarcerated person. 3220 Modoc County Jail II PRO 23-24 Page 37 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND 802 Housekeeping and Maintenance MAINTENANCE The Environmental Health report noted the The facility administrator shall develop written policies following discrepancies: and procedures for the maintenance of an acceptable level of cleanliness, repair and safety throughout the • Cascade Dorm: Shower head facility. Such a plan shall provide for a regular schedule • Cascade Dorm: Upper vent repair. of housekeeping tasks and inspections to identify and • Cascade Dorm: Half of the ceiling correct unsanitary or unsafe conditions or work practices lights are not functional. which may be found. ☒ ☐ ☐ • Main Tank: Sink in disrepair • E Tank: Water fountain in disrepair • Sierra Dorm: Leaking toilet. • Paint the food storage ceiling so it is non-absorbable and easily cleaned. During the onsite inspection, BSCC staff determined the agency complies with having policies for compliance with this regulation. Medical care housing as described in Title 24, Part 2, 802 Housekeeping and Maintenance Section 1231.2.14, shall be cleaned and sanitized ☒ ☐ ☐ according to policies and procedures established by the The agency does not have dedicated medical health authority. care housing. 3220 Modoc County Jail II PRO 23-24 Page 38 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) DETENTION OF MINORS YES NO N/A P/P REFERENCE – COMMENTS Are minors held in this facility? Juveniles are not held in or brought to this facility. If yes, the following sections, including those ☐ ☐ ☒ summarized in Title 15, Article 8, apply (Minors in Jails). Note: Reference PC § 207.1(b), 207.6, 707.1. 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles are not confined or detained in any facility in ☐ ☐ ☒ which they have contact with adult prisoners. Note: Reference WIC § 208. 1047 SERIOUS ILLNESS OR INJURY OF A 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. 1101 RESTRICTIONS ON CONTACT WITH 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 1B 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. 3220 Modoc County Jail II PRO 23-24 Page 39 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) DETENTION OF MINORS YES NO N/A P/P REFERENCE – COMMENTS (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. (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 2B 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 3B 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 4B 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 5B 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. 3220 Modoc County Jail II PRO 23-24 Page 40 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) DETENTION OF MINORS YES NO N/A P/P REFERENCE – COMMENTS (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; ☐ ☐ ☒ (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 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 (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. 3220 Modoc County Jail II PRO 23-24 Page 41 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) DETENTION OF MINORS YES NO N/A P/P REFERENCE – COMMENTS (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. 3220 Modoc County Jail II PRO 23-24 Page 42 of 42 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 07/23) BOARD OF STATE AND COMMUNITY CORRECTIONS - COMPREHENSIVE INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3220 FACILITY: Modoc County Jail TYPE: II RC: 43 FIELD REPRESENTATIVE: Steven Wicklander DATE: 10/19/2023 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 Booking Holding 1973 1 - (2) (2) 6.2' x 5.5' - - - - - Notes: Contains 4' bench, seating limits capacity; toilet facilities accessible; room functions as a booking enclosure. Sobering 1973 1 - (4) (4) 6.3' x 9.8' x 8.0' 1 - 1 1 - Safety 1988 1 - (1) (1) 8.3' x 6.6' 1 - - - - Notes: Irregularly shaped cell; approximate square footage of 52.48. Main BLOCK (A & B) 0B Single 1973 6 2 1 6 7.0' x 8.5' x 8.0' 1 - 1 1 - Notes: The housing unit consists of a central dayroom with six cells (three on each side); there is a shower in the dayroom, as well as a toilet and washbasin. There are two picnic-style tables in dayroom, a TV, and a phone. Each cell has two bunks, 2 storage units, and a combo unit. Dayroom areas are 24.25' x 14.75' x 9' = 357 sq. ft.; phone in dayroom. C-BLOCK 1B Single 1973 2 2 1 2 7.0' x 8.5' x 8.0' 1 - 1 1 - Notes: Dayrooms are 15.25' x 9.5' x 9.0'; shower in dayroom; phone in dayroom. 2B D-BLOCK 3B Single 1973 2 2 1 2 7.0' x 8.5' x 8.0' 1 - 1 1 - Notes: Dayrooms are 15.25' x 9.5' x 9.0'; shower in dayroom; phone in dayroom. E-BLOCK 4B Single 1973 2 2 1 2 7.0' x 9.5' x 8.0' 1 - 1 1 - Notes: Dayroom is 14.25' x 6' x 8'; shower in dayroom; phone in dayroom. F-BLOCK 5B Single 1973 1 1 1 1 7.0' x 9.5' x 8.0' 1 - 1 1 - Notes: Dayrooms are 14.25' x 6' x 8'; shower in dayroom; used as segregation or discipline cell; prior LASE listed 2 cells. The original unit had two cells; however, one was lost in the creation of the safety cell. Phone in the dayroom. 2016-2018 inspection – LASE changed to reflect the second bunk was removed from this single occupancy cell. Cascade Dorm 1994 1 8 10 10 See notes 2 - 2 1 2 Warner Dorm 1994 1 8 10 10 See notes 2 - 2 1 2 Sierra Dorm 1994 1 8 10 10 See notes 2 - 2 1 2 Notes: Dorms are irregularly shaped with a total of 731 sq. ft. each – combined dayroom and dorm space. Furnishings are adequate for rated capacity. Seating for 16 in Cascade and Sierra dorms, and 12 in Warner. Dorms were reevaluated for rated capacity under 1994 standards based on double bunks 05/16/95. 2016-2018 inspection – LASE changed to reflect that eight (of 16) bunks were removed from each dormitory. 2018-2020 inspection – LASE changed to reflect one bunk was removed from each dormitory. It does not change the rated capacity. 2020-2022: LASE changed to reflect only eight bunks in these three dormitories. *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. 3220 Modoc County Jail II LASE 23-24 - 1 - A360 LAS Adult.dot (9/98) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT TYPE I, II, III AND IV FACILITIES APPLICABLE REGULATIONS: PRE-73; 4/73 Title 24, California Code of Regulations (CCR) BSCC Code: 3220 FACILITY NAME: Modoc County Jail FACILITY TYPE: II APPLICABLE REGULATIONS (Check All That Apply): PRE-73: Post 4/73: X OTHER: 1988, 1994 FIELD REPRESENTATIVE: Steven Wicklander DATE: 10/19/2023 ARTICLE/SECTION YES NO N/A COMMENTS Holding Cells (2.2) There is a booking room area. If additional Contain 10 square feet of floor per inmate X space is required, the agency uses the secure side of the visitation room. Capacity not to exceed ten (10) persons X 4-73: Capacity limitation deleted Sufficient fixed benches to accommodate cell capacity X Toilet accessible X Water fountain accessible X Wash basin accessible X 3.12 Weapons Locker (3.12) The weapons locker is located in the External to the security area and equipped with X sallyport, outside of the secure area of the individual compartments, locks and keys jail. Detoxification/Sobering Cells (2.4) 0B 01: Name change to "sobering cell" X Limited to no more than 15 inmates 4-73: Capacity limited to 16 inmates Contain 15 square feet of floor per inmate X Contain toilet A toilet, washbasin, and drinking fountain are X 4-73: 1:8 ratio available when requested. Contain washbasin 4-73: Washbasins provide cold water. X 4-73: 1:8 ratio Contain drinking fountain X Adequate visual observation X Padding recommended Padded floor, walls, and partition. X 4-73: Padding required Shower-Delousing Room (3.4) Available in booking/reception X 3220 Modoc County Jail II PHY 23-24 - 1 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Secure Vault or Storage Space (2.1) Available for inmate valuables X Telephone (2.1) Available for inmate use per Penal Code § 851.5 X Single Occupancy Cells (2.6) Cells equipped with two bunks; square Maximum capacity of one inmate. footage insufficient for double occupancy. The facility routinely houses fewer persons incarcerated than their rated capacity. X A minimum width of 6 feet, length of 7.5 feet and height of 8 feet X 4-73: Minimum width of 6 feet, length 8 feet and height of 8 feet, OR clear floor area of 43 square feet Contain toilet and washbasin and drinking fountain 4-73: 1 in each single or multi-occupancy cell Water in the washbasins of C, D, E, and F tanks (seven cells total) was nonoperational X on the inspection day. Work orders were placed in the system for repair. Water is available in the dayrooms. Contain a bunk capable of accommodating a standard X 30" X 76" mattress Multiple Occupancy Cells (8227) There are no cells of this type in the facility. A capacity of more than 2 persons X The remainder of the regulation was deleted from this checklist. 4-73: Capacity between 4-16 inmates Safety Cells (2.5) 1B X Designed to house one person A minimum width of 6 feet, length of 7.5 feet and height of 8 feet X 4-73: Minimum 6 foot width; length and height of 8 feet Equipped with flush ring toilet (flush with floor) X Equipped with solid security door and view panel X Padded floor, door and walls X 3220 Modoc County Jail II PHY 23-24 - 2 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS 4-73: Illumination provided by variable intensity light 2B X fixture operable from outside the cell. Dormitory (2.8) 3B Capacity of 4-50 inmates X 4-73: Capacity limitation deleted 500 cubic feet of air space per inmate Cascade, Warner, and Sierra dormitories 4-73: 40 square feet per inmate X have a rated capacity of 10. A least 10 foot ceilings if double bunked X 4-73: Toilet and Washbasin ratio at 1:8 ratio Toilets and washbasins allow for a maximum 4B X of 16. 4-73: Drinking fountain X 5B Showers (3.4) 4-73: 1:16 ratio. 6B X 4-73: Available at 1:16 ratio 1994: Multi-occupancy cells/dorms. Lighting (3.6) 7B X 4-73: Sufficient to permit easy reading 4-73: Night lighting is sufficient to allow good 8B X supervision Comfortable Living Environment (102(c)6 9B 4-73: A comfortable living environment is maintained X through an adequate heating and cooling system Dayrooms (2.9) Sufficient space (dorm and dayroom) for 10. 10B Available for inmates in single cells, multiple cells and Dorms are rated using 1994 physical plant dormitories standards. X 4-73: 25 square feet dayroom space per inmate in Type II and III facilities and inmate workers in Type I Exercise Area (2.10) 11B Available in Type II and III facilities X 4-73: Minimum of 30 feet X 50 feet X 15 feet Program Space -Type II and III (2.11) A room used for programming is located Available in Type II and III facilities X adjacent to the dormitories. 4-73: Sufficient area and furnishing s to meet needs Dining Facilities (2.17) Persons incarcerated eat in their assigned 12B 15 square feet per person served (in facilities for 100 dayrooms. persons or more) X 4-73: Toilets, washbasins and showers are not in the same room or not in view of inmates dining Visiting (2.18) 13B X Visiting area 4-73: Contact visits are permitted in minimum security 14B X facilities Attorney Interview Space (2.26) X Provide for confidential attorney consultation Janitor Closet (2.20) 15B Located in security areas, lockable, containing a mop X sink Storage Space (2.21) 16B X Adequate space available 3220 Modoc County Jail II PHY 23-24 - 3 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Audio or Video Monitoring System (2.22) On the day of the comprehensive inspection, 17B Located in all inmate housing units and capable of the agency was noncompliant with this alerting staff in a central control regulation due to the facility's audio monitoring system being out of service. X Before completing this report, the agency corrected the issue by having their phone service provider create a panic button for each housing module to contact central control. Fire Alarm System [102(2)6] Recommended in Pre-73 facilities X 4-73: Automatic fire alarm system is required Emergency Power (2.24) 18B Recommended in Pre-73 facilities X 4-73: Required; to provide minimal lighting, communication s and alarm systems 3220 Modoc County Jail II PHY 23-24 - 4 - A380 PHY Type P73&4-73.dot (9/98) COURT HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3223 FACILITY NAME: Modoc Court Holding FACILITY TYPE: CH PERSON(S) INTERVIEWED: Sgt. Winkle FIELD REPRESENTATIVE: Steven Wicklander DATE: 10/19/2023 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 053 Court Holding Facility HOLDING FACILITY TRAINING 306 Training At a minimum, all supervisors of, and personnel who The supervisor is correction core trained. The supervise incarcerated persons in, a Court Holding or bailiff is law enforcement and is required by Temporary Holding facility shall complete eight hours of these regulations to have refresher training specialized corrections training. Such training shall every two years. include, but not be limited to: (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 053 Court Holding Facility in any event not more than six months after the date of 306 Training 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 306 Training completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional ☐ ☒ ☐ The agency did not provide any training Training may be substituted for the eight-hour refresher. records for compliance with this regulation. 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. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL 224 Staffing Plan A sufficient number of personnel shall be employed in ☒ ☐ ☐ each local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. Whenever there is a person in custody, there shall be at 224 Staffing Plan 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 224 Staffing Plan 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 224 Staffing Plan shall be at least one female employee who shall be immediately available and accessible to such females. Due to the courthouse being next to the jail and connected by a sidewalk, incarcerated Note: Reference PC § 4021. ☒ ☐ ☐ females are escorted directly to the courtroom. The female administrative sergeant is immediately available and accessible during court proceedings. In order to determine if there is a sufficient number of 224 Staffing Plan 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 504 Inmate Safety Checks The facility administrator shall develop and implement Due to the low population in the jail, the policy and procedures for conducting safety checks that ☒ ☐ ☐ agency rarely uses the holding cell at the include, but are not limited to, the following: court holding facility. Persons generally walk from the jail directly to the courtroom. (a) Safety checks will determine the safety and well-being 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 504 Inmate Safety Checks between safety checks. BSCC staff reviewed the court holding safety ☒ ☐ ☐ check log and determined the agency complies with the regulations. The staff rarely use the holding cell. 3223 Modoc Court Holding CH PRO 23-24 Page 2 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Safety checks for people in sobering cells, safety 504 Inmate Safety Checks cells, and restraints shall occur more frequently as outlined in section 1055, section 1056, and section 1058 ☐ ☐ ☒ Court holding does not have sobering or of these regulations. safety cells or use restraints as defined by Regulation 1058. (d) Safety checks shall occur at random or varied 504 Inmate Safety Checks ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the 504 Inmate Safety Checks documentation of all safety checks. Documentation shall ☒ ☐ ☐ include: (1) the actual time at which each individual safety 504 Inmate Safety Checks ☒ ☐ ☐ check occurred; (2) the location where each individual safety check 504 Inmate Safety Checks occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff 504 Inmate Safety Checks ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are 504 Inmate Safety Checks reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF 400 Facility Emergencies 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 400 Facility Emergencies person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL2 Modoc County Custody Manual (Lexipol) Facility administrator(s) shall develop and publish a Date of last review: 10/11/2023. manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every ☒ ☐ ☐ two years. Such a manual shall be made available to all employees. Notes: The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsection (d) does not apply and has been deleted. (a) The manual shall provide for, but not be limited to, the 100 Organizational Structure and following: Responsibility ☒ ☐ ☐ (1) Table of organization, including channels of 104 Administrative Communications communications. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3223 Modoc Court Holding CH PRO 23-24 Page 3 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) Inspections and operations reviews by the facility 106 Annual Facility Inspection ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force that meets current state 512 Use of Force and federal legal requirements and includes 513 Use of Restraints prohibition of the use of carotid restraint and choke ☒ ☐ ☐ Modoc County SO Policy Manual 300 - Use holds. of Force 302 Use of Force Review Boards (4) Policy on the use of restraint equipment, including 513 Use of Restraints the restraint of pregnant persons as referenced in ☒ ☐ ☐ Penal Code Section 3407. (6) Security and control including physical counts and 112.7 Administrative Searches searches of the facility and incarcerated persons, 212 Daily Activity Logs and Shift Reports contraband control, and key control. 501 Counts Each facility administrator shall, at least annually, 502.4 Searches Before Admission review, evaluate, and make a record of security 515 Searches measures. The review and evaluation shall include 211 Key and Electronic Access Device internal and external security measures of the facility Control including security measures specific to prevention of 216 Perimeter Security sexual abuse and sexual harassment. 103.3.3 Custody Manual-Internal and ☒ ☐ ☐ external security measures review. Issued 9/17/19 106 - Annual Facility Inspection 606-606.13 PREA 310.2 PREA training PREA Pamphlet Orientation Manual Annual Inspection: 7/24/2023. (7) Emergency procedures include: 400 Facility Emergencies (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; (B) escape, disturbances, and the taking of 400 Facility Emergencies ☒ ☐ ☐ hostages; SO Manual 358 Major Incident Notification (C) mass arrests; 400 Facility Emergencies ☒ ☐ ☐ 400.10 Civil Disturbances Outside of the Jail (D) natural disasters; 400 Facility Emergencies ☒ ☐ ☐ SO Manual 358 Major Incident Notification (E) periodic testing of emergency equipment; 106 Annual Facility Inspection and, ☒ ☐ ☐ 212.4 Shift Activity Log 802 Housekeeping and Maintenance (F) storage, issue, and use of weapons, 400 Facility Emergencies ammunition, chemical agents, and related ☒ ☐ ☐ 508 Management of Weapons and Control security devices. Devices (8) Suicide Prevention. 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team ☒ ☐ ☐ "Review of suicides and suicide attempts." 724.7.1 Debriefing (9) Separation of incarcerated persons. 502 Inmate Reception ☒ ☐ ☐ 601 Disciplinary Separation 600.4.3 Administrative Segregation Housing 3223 Modoc Court Holding CH PRO 23-24 Page 4 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (10) Zero tolerance in the prevention of sexual abuse 310 PREA Training and sexual harassment. ☒ ☐ ☐ 606 PREA Inmate Orientation Manual (11) Policy and procedure to detect, prevent, and 310 PREA Training respond to retaliation against any staff or person after ☒ ☐ ☐ 606 PREA reporting any abuse. Inmate Orientation Manual (12) Release policy, including release planning for 502 Reception incarcerated persons. 523 Over-Detention and Inadvertent ☒ ☐ ☐ Releases 522 End of Term Release 737 Release Planning (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, 606.4 Reporting sexual abuse Type I, II, III, and IV facilities shall provide for, but not be 606 PREA limited to, the following: 310 PREA Training (1) multiple internal ways for incarcerated people to Inmate Orientation Manual 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, 606.4 Reporting sexual abuse family, community members, and other interested 606 PREA third parties to report sexual abuse or sexual ☒ ☐ ☐ 310 PREA Training harassment. The method for reporting shall be Inmate Orientation Manual publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 502 Inmate Reception 704 Emergency Health Care Services The facility shall have a comprehensive written suicide 711 Medical Screening prevention program developed by the facility 712 Mental Health Services administrator or designee, in conjunction with the health 724 Suicide Prevention and Intervention authority and mental health director, to identify, monitor, 724.3 Suicide Prevention Team and provide treatment to those incarcerated persons who Intake Medical Questionnaire 724.3 Suicide present a suicide risk. ☒ ☐ ☐ Prevention Team The program shall include the following: "Review of suicides and suicide attempts." 724.7.1 Debriefing Initial suicide prevention training is provided during the “Corrections Officer Core Course” as described in Section 179 of Title 15, CCR. 3223 Modoc Court Holding CH PRO 23-24 Page 5 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) Annual suicide prevention training for all custodial 724 Suicide Prevention and Intervention personnel. 724.3 Suicide Prevention Team The agency conducts two types of annual training for suicide prevention: in-person and online. The agency conducted online suicide prevention training for staff through Police1 in ☐ ☒ ☐ May 2023. The training was assigned to the courthouse staff, and they did not complete the online training. Therefore, BSCC staff determined the agency is noncompliant with this regulation until the training has been completed. In-person training is generally conducted by the Medical/Mental Health Inspector, Cheyenne O’Sullivan, Supervising PHN. (b) Intake screening for suicide risk immediately upon 502 Inmate Reception intake and prior to housing assignment. 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire Persons are evaluated during the booking process at the jail. (c) Suicide prevention screening during special 502 Inmate Reception situations, including placement in restrictive housing, 704 Emergency Health Care Services following a hearing, and after a transfer or change in 711 Medical Screening classification. 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire Persons are evaluated during the booking process at the jail. (d) Provisions facilitating communication among 502 Inmate Reception arresting/transporting officers, facility staff, court staff, 704 Emergency Health Care Services medical and mental health personnel in relation to suicide 711 Medical Screening risk. 712 Mental Health Services 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team Intake Medical Questionnaire ☒ ☐ ☐ The agency has medical screening questions for the arresting officer for compliance with this regulation during the booking process. One of the questions specifically asks the arresting officer or custodial agency if there were “ANY indications that the inmate is a medical or mental health or suicide risk?” 3223 Modoc Court Holding CH PRO 23-24 Page 6 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Housing recommendations for people at risk of 502 Inmate Reception suicide that balance safety and environment. The least 704 Emergency Health Care Services restrictive environment should be considered. 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing (f) Supervision depending on level of suicide risk. 502 Inmate Reception 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing (g) Suicide attempt and suicide intervention policies and 502 Inmate Reception procedures. 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing (h) Provisions for reporting suicides and suicides 502 Inmate Reception attempts. 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing (i) Multi-disciplinary administrative review of suicides and 502 Inmate Reception attempted suicides as defined by the facility 704 Emergency Health Care Services administrator, including the development of a corrective 711 Medical Screening action plan to address deficiencies identified in the 712 Mental Health Services administrative review. 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing 3223 Modoc Court Holding CH PRO 23-24 Page 7 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (j) Provisions for follow up care as needed. 502 Inmate Reception 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing 724.7 Follow-Up (k) Plan for mental health consultation following return 502 Reception from court as determined by the mental health director. 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team Intake Medical Questionnaire 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." ☒ ☐ ☐ 724.7.1 Debriefing 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing Training is provided during the annual suicide prevention training for communication between corrections staff, court staff, and health care personnel. 1032 FIRE SUPPRESSION PREPLANNING 400 Facility Emergencies 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 400 Facility Emergencies 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 BSCC Staff determined the agency is basis with two year retention of the inspection record; noncompliant with this regulation due to not being able to provide documentation for ☐ ☒ ☐ monthly fire prevention inspections by facility staff. (c) fire prevention inspections as required by Health and 400 Facility Emergencies Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; Date: April 2023 (d) an evacuation plan; and, ☒ ☐ ☐ 400 Facility Emergencies 3223 Modoc Court Holding CH PRO 23-24 Page 8 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) a plan for the emergency housing of incarcerated 400 Facility Emergencies people in the case of fire. 704 Emergency Health Care Services ☒ ☐ ☐ Incarcerated people are returned to the adjacent jail. 1044 INCIDENT REPORTS 210 Report Preparation Each facility administrator shall develop written policies Due to only having one courtroom and limited and procedures for the maintenance of written records court hearings, the court staff has no reports and reporting of all incidents which result in physical ☒ ☐ ☐ to review. BSCC staff reviewed a sampling of harm, or serious threat of physical harm, to an employee several types of incident reports written by jail or incarcerated person of a detention facility or other staff and reviewed the agency’s policies for person. compliance with this regulation. Such records shall include the names of the persons 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 210 Report Preparation assigned to investigate the incident and submitted to the ☒ ☐ ☐ facility manager or designee. 1046 DEATH IN CUSTODY 725 Inmate Death – Clinical Care Review 725.7 Death Review (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health After reviewing the agency's Death in administrator, shall develop written policy and Custody Reviews policy, BSCC staff procedures to ensure that there is an initial review of ☒ ☐ ☐ determined the agency complies with this every in-custody death within 30 days. The review team regulation. 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 725 Inmate Death – Clinical Care Review appropriateness of clinical care; whether changes to policies, procedures, or practices are warranted; and to After reviewing the agency's Death in identify issues that require further study. ☒ ☐ ☐ Custody Reviews policy, BSCC staff determined the agency complies with this regulation. (b) Death of a Minor Juveniles are not held securely 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 Juveniles are not held securely at this facility. 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. 3223 Modoc Court Holding CH PRO 23-24 Page 9 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 509 Classification (b) Each administrator of a court holding facility shall Persons remanded to custody are classified establish and implement a written plan designed to during the intake process at the jail. 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, 509 Classification 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 502 Inmate Reception 704 Emergency Health Care Services The facility administrator, in cooperation with the 711 Medical Screening responsible physician, shall develop written policies and 712 Mental Health Services procedures specifying those symptoms that require ☒ ☐ ☐ 715 Communicable Diseases medical isolation of an incarcerated person until a medical evaluation is completed Persons remanded to custody are evaluated during the booking process at the jail. At the time of intake into the facility, an inquiry shall be 502 Inmate Reception made of the person being booked as to whether the 704 Emergency Health Care Services person has or has had any communicable diseases, such 711 Medical Screening as tuberculosis or has observable symptoms of 712 Mental Health Services tuberculosis or any other communicable diseases, or ☒ ☐ ☐ 715 Communicable Diseases other special medical problem identified by the health authority. The response shall be noted on the medical Each newly booked person is evaluated for screening from. healthcare needs and signs and symptoms of infectious disease. 1052 BEHAVIORAL CRISIS IDENTIFICATION 502 Inmate Reception 602 Inmates with Disabilities The facility administrator, in cooperation with the 704 Emergency Health Care Services responsible physician, shall develop written policies and 711 Medical Screening procedures to identify and evaluate all incarcerated ☒ ☐ ☐ people who may be in behavioral crisis. Evaluation of 712 Mental Health Services behavioral crisis may include telehealth. 724 Suicide Prevention and Intervention Persons remanded to custody are evaluated during the booking process at the jail. If an evaluation from medical or mental health staff is not 502 Inmate Reception readily available, an incarcerated person shall be 602 Inmates with Disabilities considered in behavioral crisis for the purpose of this 704 Emergency Health Care Services section if they appear to be a danger to themselves or ☒ ☐ ☐ 711 Medical Screening others or appear gravely disabled. 712 Mental Health Services 724 Suicide Prevention and Intervention 3223 Modoc Court Holding CH PRO 23-24 Page 10 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An evaluation from medical or mental health staff shall be 502 Inmate Reception secured within 24 hours of identification or at the next 602 Inmates with Disabilities daily sick call, whichever is earliest. 704 Emergency Health Care Services 711 Medical Screening 712 Mental Health Services 724 Suicide Prevention and Intervention ☒ ☐ ☐ The agency’s policies have provisions to provide separate and appropriate housing away from the general population for the safety of persons incarcerated. Separation may be used if necessary, to protect the 502 Inmate Reception safety of the person in crisis or others. 602 Inmates with Disabilities 704 Emergency Health Care Services 711 Medical Screening ☒ ☐ ☐ 712 Mental Health Services 724 Suicide Prevention and Intervention Persons remanded to custody are evaluated during the booking process at the jail. 1053 ADMINISTRATIVE SEPARATION 505 Special Management Incarcerated Persons Except for Type IV facilities, facility administrators shall 509 Classification develop and implement policies and procedures for the 502 Reception administrative separation of incarcerated people. ☒ ☐ ☐ 600.4.3 Administrative Segregation Housing 601 Disciplinary Separation Persons in separation are escorted from their jail housing area directly to the courtroom. Policies and procedures must include: 505 Special Management Incarcerated (a) Administrative separation may consist of separate Persons housing but shall not involve any other deprivation of 509 Classification privileges than is necessary to obtain the objective of 502 Reception protecting the welfare of incarcerated people and facility ☒ ☐ ☐ 600.4.3 Administrative Segregation Housing staff. 601 Disciplinary Separation Note: Subsections (b) through (e) do not apply and have Persons remanded to custody are classified been deleted. during the booking process at the jail. 1057 DEVELOPMENTAL DISABILITIES 711 Medical Screening 602 Inmates with Disabilities The facility administrator, in cooperation with the Medical Questionnaire responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the identification and evaluation, Persons are evaluated during the booking appropriate classification and housing, protection, and process at the jail. nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the 711 Medical Screening regional center for any incarcerated person suspected or 602 Inmates with Disabilities confirmed to have a developmental disability for the ☒ ☐ ☐ Intake Medical Questionnaire purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 3223 Modoc Court Holding CH PRO 23-24 Page 11 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES 512 Use of Force 513 Use of Restraints The facility administrator, in cooperation with the responsible physician, shall develop and implement Restraints defined by this regulation are not written policies and procedures for the use of restraint used at this facility. 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. 3223 Modoc Court Holding CH PRO 23-24 Page 12 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Continuous direct visual observation shall be conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. ☐ ☐ ☒ While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation with responsible health care staff determines that an incarcerated person cannot be ☐ ☐ ☒ safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use the restraint device manufacturer’s recommended ☐ ☐ ☒ maximum time limits for placement. (11) All events and information related to the placement in restraints shall be documented and shall be video recorded unless exigent circumstances prevent staff from doing so. The ☐ ☐ ☒ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS 705 Health Care for Pregnant Inmates 705.2.1 Advisement and Counseling The facility administrator, in cooperation with the responsible physician, shall develop written policies and The agency’s policy states, “Inmates who are procedures for the use of restraint devices on pregnant pregnant shall be advised of the provisions of people. this policy manual, the Penal Code, and In accordance with Penal Code Section 3407, the policy standards established by Board of State and shall include reference to the following: Community Corrections related to pregnant ☒ ☐ ☐ inmates (Penal Code § 3407(e); 15 CCR 1058.5).” Due to the courthouse being next to the jail and connected by a sidewalk, incarcerated females are escorted directly to the courtroom. The female administrative sergeant is immediately available and accessible during court proceedings. (1) An incarcerated person known to be pregnant or 705 Health Care for Pregnant Inmates in recovery after delivery or termination of the ☒ ☐ ☐ 705.2.1 Advisement and Counseling 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 705 Health Care for Pregnant Inmates delivery, or in recovery after delivery or termination 705.2.1 Advisement and Counseling 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. 3223 Modoc Court Holding CH PRO 23-24 Page 13 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional 705 Health Care for Pregnant Inmates who is currently responsible for the medical care of 705.2.1 Advisement and Counseling 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 705 Health Care for Pregnant Inmates pregnancy, they shall be advised, orally or in writing, 705.2.1 Advisement and Counseling. of the standards and policies governing incarcerated pregnant people. ☒ ☐ ☐ After reviewing the agency's policy and conducting interviews with staff, BSCC staff determined the agency is compliant with this regulation. 1068 ACCESS TO COURTS AND COUNSEL 502 Inmate Reception 600 Inmate Discipline The facility administrator shall develop written policies 601 Disciplinary Separation ☒ ☐ ☐ and procedures to ensure incarcerated persons have 603 Inmate Access to Courts and Counsel access to the court and to legal counsel. 1009 Inmate Mail Such access shall consist of: (b) confidential consultation with attorneys. 502 Inmate Reception 600 Inmate Discipline ☒ ☐ ☐ 601 Disciplinary Separation 603 Inmate Access to Courts and Counsel 1009 Inmate Mail 1280 FACILITY SANITATION, SAFETY, AND 802 Housekeeping and Maintenance 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. 3223 Modoc Court Holding CH PRO 23-24 Page 14 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) DETENTION OF MINORS YES NO N/A P/P REFERENCE – COMMENTS Are minors held in this facility? Juveniles are not held in secure detention at this facility. If yes, the following sections, including those ☐ ☐ ☒ summarized in Title 15, Article 10, apply (Minors in Court Holding Facilities). 1047 SERIOUS ILLNESS OR INJURY OF A 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. 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 0B 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 1 s B hall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant minors. 1161 CONDITIONS OF DETENTION 2B 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. 3223 Modoc Court Holding CH PRO 23-24 Page 15 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) DETENTION OF MINORS YES NO N/A P/P REFERENCE – COMMENTS (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. 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 3B 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 4B 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. 3223 Modoc Court Holding CH PRO 23-24 Page 16 of 16 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 07/23) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3223 FACILITY: Modoc Court Holding TYPE: CH RC: 0 FIELD REPRESENTATIVE: Steven Wicklander DATE: 10/19/2023 ROOMS EACH ROOM EACH CELL FIXTURES* Cell Applicable # Total DIMENSIONS Location Type Standards Cells RC (L x W x H) # Beds RC T U W F S 1 Holding 1988 1 0 (8) (8) 18’ X 7’ X 8’ 1 1 1 Note: 12’ Bench. The bathroom fixtures are porcelain; there is a viewing window into the court to allow ongoing supervision by the bailiff. There is a modesty wall to prevent direct viewing of the toilet area. The cell is rarely used and then only for using the toilet. Inmates are escorted directly from the jail next door. We were advised that the court holding cell was constructed when the Robert A. Barclay Justice Center building was refurbished in 1993. This facility had not been identified or inspected until the 2008 –2010 cycle. The planning for the court refurbishing began in 1988. *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. 3223 Modoc Court Holding CH LASE 23-24 - 1 - A360 LAS Adult-05.dot (8/05) ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 1988 BSCC Code: 3223 FACILITY NAME: Modoc Court Holding FACILITY TYPE: CH 6/94: 2/99: 2001: 2005: 2008: 2010: ☐ ☐ ☐ ☐ ☐ ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☐ 2017: ☐ 1988: ☒ ☐ ☐ FIELD REPRESENTATIVE: Steven Wicklander DATE: 10/19/2023 TITLE 24 SECTION YES NO N/A COMMENTS The design of court holding and temporary holding facilities shall include the following required spaces from Sections 1231.2.2, 1231.2.19, 1231.2.20, 1231.2.21, 1231.2.22, 1231.2.24 and 1231.2.26. 1231.2.2 Temporary holding cell or room. Previous notes: we were advised that the court A temporary holding cell or room shall: holding cell was constructed when the Robert 1. Contain a minimum of 10 square feet (0.93 m2) ☒ ☐ ☐ A. Barclay Justice Center building was of floor area per inmate; refurbished in 1993. 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 This is a temporary holding facility. Persons cell or room shall be equipped with a bunk if inmates incarcerated are only held for a short duration are to be held longer than 12 hours. ☐ ☐ ☒ and routinely escorted from the jail to the room. 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. ☒ ☐ ☐ 3223 Modoc Court Holding CH PHY 23-24 - 1 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.21 Storage rooms. The adjacent jail is used for storage space. 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. In court holding, temporary holding, Type I, Type II and Type II facilities there shall be an inmate- or sound- actuated audio monitoring system in temporary holding cells or rooms, temporary staging cells or rooms, sobering cells, safety cells, single and double ☒ ☐ ☐ occupancy cells, dormitories, dayrooms, exercise areas and correctional program/multipurpose space, which is capable of alerting personnel who can respond immediately. 1231.2.24 Emergency power. There shall be a source of emergency power in all detention facilities capable of providing minimal lighting in all housing units, activities areas, corridors, stairs and ☒ ☐ ☐ central control points, and to maintain fire and life safety, security, communications and alarm systems. Such an emergency power source shall conform to the requirements specified in Title 24, Part 3, Article 700, California Electrical Code, California Code of ☒ ☐ ☐ Regulations. 1231.2.26 Attorney interview space. All facilities except Type IV facilities shall include attorney interview areas which provide for confidential ☒ ☐ ☐ consultation with inmates. 1231.3.1 Toilets/urinals. In temporary holding cells and temporary staging cells toilets/urinals must be provided in a ratio to inmates of ☒ ☐ ☐ 1:16. One urinal or 2 feet (610 mm) of urinal trough may be substituted for each toilet up to one third of the total number of toilets required, except in those facilities or ☐ ☐ ☒ portions thereof used for females. Toilet areas shall provide modesty for inmates with staff being able to visually supervise. ☒ ☐ ☐ 1231.3.2 Wash basins. In temporary holding cells and temporary staging cells, wash basins must be provided in a ratio to inmates of ☒ ☐ ☐ 1:16. Wash basins must be provided with hot and cold or tempered water. ☒ ☐ ☐ Two feet (610 mm) of wash basin trough may be substituted for each basin required. ☐ ☐ ☒ 1231.3.3 Drinking fountains. There must be a minimum of one drinking fountain in every single-occupancy cell, double-occupancy cell, dormitory, temporary holding cell, temporary staging ☒ ☐ ☐ cell, sobering cell, and be accessible to the occupants of day rooms and exercise areas. 3223 Modoc Court Holding CH PHY 23-24 - 2 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS Additional drinking fountains shall be located in other areas of the facility so that drinking water will be ☒ ☐ ☐ available to inmates and staff. Such drinking fountains must meet the following minimum health requirements: 1. The drinking fountain bubbler shall be on an ☒ ☐ ☐ angle which prevents waste water from flowing over the drinking fountain bubbler. 2. Water flow shall be actuated by mechanical means. ☒ ☐ ☐ 1231.3.6 Lighting. Lighting in housing units, dayrooms and activity areas must be sufficient to permit easy reading by a person with normal vision, and shall not be less than 20 ☒ ☐ ☐ footcandles (215.2 lux) at desk level and in the grooming area. Lighting shall be centrally controlled and/or occupant controlled in housing cells or rooms. ☒ ☐ ☐ Night lighting in these areas shall be sufficient to give good visibility for purposes of supervision ☒ ☐ ☐ In minimum-security areas, lighting may be supplied by ordinary lighting fixtures, and in areas of higher ☒ ☐ ☐ security, light fixtures must be of secure design. 1231.3.10 Seating. In temporary holding and temporary staging cells, ☒ ☐ ☐ seating must be securely fixed to the floor and/or wall. When bench seating is used, 18 inches (457 mm) of bench is seating for one person. ☒ ☐ ☐ 1231.3.12 Weapons locker. 1991 Weapons locker A secure weapons locker shall be located outside the security perimeter of the facility Weapons lockers are located at the jail adjacent to the courthouse. There is no weapons storage area in this facility. Persons ☒ ☐ ☐ incarcerated are escorted from the jail to the courthouse via the connected sidewalk. The deputy/bailiff retains their weapon at all times. 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) The courthouse was constructed before the Design requirements as specified in Title 24, Part 1, requirements of this regulation. 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.) 3223 Modoc Court Holding CH PHY 23-24 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19)