Orange Brea PD (2023-2024 inspection cycle)

November 7, 2023 Adam Hawley, Chief of Police Brea Police Department 1 Civic Center Circle Plaza Level Brea, CA 92821 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, BREA POLICE DEPARTMENT DETENTION FACILITY Dear Chief Hawley: The 2023-2024 Comprehensive Inspection of the Brea City Police Department has been completed. The following facility was inspected on Wednesday, September 13, 2023: FACILITY NAME BSCC # FACILITY TYPE Brea Police Department 3600 THJ This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, Board of State and Community Corrections (BSCC) staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). In addition to inspection(s) by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). The results of those inspections are considered a part of this report. INSPECTION RESULTS We identified the following item of noncompliance with Title 15 Minimum Standards: Title 15 Section, Section 1029 Policy and Procedures subsections (a)(10), (11), and (12), and subsection (e): The facility lacks procedural reference for “zero sexual abuse and harassment” and a policy for reporting sexual abuse and harassment. Refer to the attached Procedures Checklist for detailed information. Adam Hawley Chief of Police Page 2 Refer to the Physical Plant Evaluation (PHY) and Living Area Space Evaluation (LASE) attachments for information related to Rated Capacity and Title 24 compliance. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring We found no violations of the JJDPA; a copy of the monitoring report is attached for your information. CORRECTIVE ACTION PLAN (CAP) An Exit Briefing with your staff was held on Wednesday, September 13, 2023; BSCC staff presented an overview of the inspection and discussed technical assistance and best practice recommendations. Please provide a corrective action plan on how the facility will gain compliance regarding the above regulation section. * * * Please email me at michael.bush@bscc.ca.gov or call (916) 956-5968 if you have any questions. Sincerely, MICHAEL J BUSH Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Orange County Superior Court* Chair, Grand Jury, Orange County* Chair, Board of Supervisors, Orange County* County Administrator, Orange County* Joshua Honey, Jailer, Brea Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 3600 Orange Brea PD TH LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3600 FACILITY NAME: Brea Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Jailer Joshua Honey FIELD REPRESENTATIVE: Michael J. Bush DATE: 09/13//2023 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.12 HOLDING FACILITY TRAINING 579-580 At a minimum, all supervisors of and personnel who Department members responsible for supervise incarcerated persons in, a Court Holding or supervising adults in temporary custody shall Temporary Holding facility shall complete eight hours of complete the Corrections Officer Core Course specialized corrections training. Such training shall or eight hours of specialized training within six include, but not be limited to: months of assignment. (a) applicable minimum jail standards; (b) jail operations liability; (c)separation of incarcerated persons; (d) emergency procedures and planning, fire and life ☒ ☐ ☐ safety; and; (e) suicide prevention; (f) de-escalation; (g) juvenile procedures; (h) racial bias; and, (i) mental illness. Note: Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility. Successful completion of Core ☒ ☐ ☐ training or supplemental Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. A total of eight hours of refresher training shall be 900.12 completed every two years. Successful completion of the 579-580 requirements in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. Eight hours of refresher training shall be ☒ ☐ ☐ completed once every two years. The Training Coordinator shall maintain records of all such training in the member’s training file. 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. 3600 Orange Brea PD PRO 23-24 Page 1 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL 900.3.2, 900.3.3 569-570 A sufficient number of personnel shall be employed in each local detention facility to ensure the implementation In addition to the implementation and and operation of the programs and activities required by ☒ ☐ ☐ operation of all programs and activities these regulations. required by the regulations, another predicator for compliance with this section is the availability of staff to complete and document at least hourly safety checks. Whenever there is a person in custody, there shall be at 900.3.2 least one employee on duty at all times in a local 569-570 detention facility or in the building which houses a local detention facility who shall be immediately available and ☒ ☐ ☐ An authorized department member capable accessible to incarcerated people in the event of an of supervising shall be present at all times emergency. when an individual is held in temporary custody. Such an employee shall not have any other duties which 900.3.2 would conflict with the supervision and care of 569-570 incarcerated people in the event of an emergency. ☒ ☐ ☐ The member responsible for supervising should not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more females are in custody, there 900.3.2 shall be at least one female employee who shall be 569-570 immediately available and accessible to such females. Absent exigent circumstances, such as a Note: Reference PC § 4021. ☒ ☐ ☐ medical emergency or a violent subject, members should not enter the cell of a person of the opposite sex unless a member of the same sex as the person in custody is present. In order to determine if there is a sufficient number of 900.3.3 personnel for a specific facility, the facility administrator 570 shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a BSCC reviewed staffing assignments, the ☒ ☐ ☐ staffing plan shall be reviewed by the Board staff at the duty roster, and the Correctional Sergeant’s time of their biennial inspection. The results of such a Log to verify staffing patterns. All information review and recommendations shall be reported to the appeared appropriate. local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS The facility administrator shall develop and implement ☒ ☐ ☐ policy and procedures for conducting safety checks that include, but are not limited to, the following: (a) Safety checks will determine the safety and well- 900.8(e) being of individuals and shall be conducted at least hourly 576-577 through direct visual observation of all people held and ☒ ☐ ☐ housed in the facility. BSCC staff reviewed and verified 10 months of observation logs. Each safety check was within the regulation’s 60-minute time frame. (b) There shall be no more than a 60-minute lapse 900.8(e) ☒ ☐ ☐ between safety checks. 576-577 3600 Orange Brea PD PRO 23-24 Page 2 of 19 A351 TH 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 No sobering or safety cells. Restraints are cells, and restraints shall occur more frequently as prohibited. ☐ ☐ ☒ outlined in section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied 900.8(e) intervals. 576-577 ☒ ☐ ☐ Safety checks should be at varying times. (e) There shall be a written plan that includes the 900.8(e), 900.5.1, 900.5.2 documentation of all safety checks. Documentation shall ☒ ☐ ☐ 576-577, 572, 573 include: (1) the actual time at which each individual safety 900.5.1 check occurred; 572 ☒ ☐ ☐ All safety checks shall be logged with the dates and actual time. (2) the location where each individual safety check occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff Staff will log in their ID number. ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are 900.5.1 reviewed at regular defined intervals by a supervisor or 572 facility manager, including methods of mitigating patterns ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, Jail Supervisor will review documented safety safety checks. check logs for compliance. 1028 FIRE AND LIFE SAFETY STAFF 900.3.3 570 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 900.3.2 person on duty who trained in fire and life safety 569 procedures that relate specifically to the facility. At least one custody member will meet the ☒ ☐ ☐ training standards for general fire- and life- safety, be trained in fire- and life-safety procedures relating specifically to the facility, and is on-duty at all times. 3600 Orange Brea PD PRO 23-24 Page 3 of 19 A351 TH 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 MANUAL2 900.1 568 Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The Agency uses Lexipol. 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. Subsections (c) and (d) do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III 900.11 facilities shall provide for, but not be limited to, the 579 following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility 900.11(m) ☒ ☐ ☐ administrator/manager. 579 (3) Policy on the use of force that meets current state 900.5.8 and federal legal requirements and includes 575 ☒ ☐ ☐ prohibition of the use of carotid restraint and choke holds. (4) Policy on the use of restraint equipment, including 900.6, 900.6.1 the restraint of pregnant persons as referenced in ☒ ☐ ☐ 576 Penal Code Section 3407. (5) Procedure and criteria for screening newly 900.10 ☒ ☐ ☐ received persons for release. 578-579 (6) Security and control including physical counts and 900.11 searches of the facility and incarcerated persons, 579 contraband control, and key control. Each facility administrator shall, at least annually, review, evaluate, and make a record of security ☒ ☐ ☐ measures. The review and evaluation shall include internal and external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 900.11(g) (A) fire suppression preplan as required by ☒ ☐ ☐ 579 section 1032 of these regulations; (B) escape, disturbances, and the taking of 900.11 ☒ ☐ ☐ hostages; 579 (C) mass arrests; 900.11 ☒ ☐ ☐ 579 (D) natural disasters; 900.11 ☒ ☐ ☐ 579 (E) periodic testing of emergency equipment; and 900.11 ☒ ☐ ☐ 579 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3600 Orange Brea PD PRO 23-24 Page 4 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (F) storage, issue, and use of weapons, 900.11, 900.5.7 ammunition, chemical agents, and related ☒ ☐ ☐ 579, 575 security devices. (8) Suicide Prevention. 900.4 ☒ ☐ ☐ 570 (9) Separation of incarcerated persons. 900.4.1 ☒ ☐ ☐ 571 (10) Zero tolerance in the prevention of sexual abuse Facility continues to work on their PREA ☐ ☒ ☐ and sexual harassment. policy. (11) Policy and procedure to detect, prevent, and Policy needs to include the detection, respond to retaliation against any staff or person after prevention, and response to retaliation ☐ ☒ ☐ reporting any abuse. against any staff or person after reporting any abuse. (12) Release policy, including release planning for ☒ ☐ ☐ incarcerated persons. (e) The manual for Temporary Holding, Court Holding, Please review and explain how the facility will Type I, II, III, and IV facilities shall provide for, but not be report sexual abuse and harassment. limited to, the following: (1) multiple internal ways for incarcerated people to privately report sexual abuse and sexual ☐ ☒ ☐ harassment, retaliation by other incarcerated persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, Please explain the method of a third party family, community members, and other interested reporting sexual abuse. third parties to report sexual abuse or sexual ☐ ☒ ☐ harassment. The method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.4 570 The facility shall have a comprehensive written suicide prevention program developed by the facility If during the intake process the officer taking administrator or designee, in conjunction with the health ☒ ☐ ☐ custody of an individual believes that he/she authority and mental health director, to identify, monitor, may be a suicide risk, the officer shall ensure and provide treatment to those incarcerated persons who continuous direct supervision until evaluation, present a suicide risk. release, or a transfer to an appropriate facility The program shall include the following: is completed. (a) Annual suicide prevention training for all custodial ☐ ☐ ☒ personnel. (b) Intake screening for suicide risk immediately upon ☐ ☐ ☒ intake and prior to housing assignment. (c) Suicide prevention screening during special situations, including placement in restrictive housing, ☐ ☐ ☒ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among arresting/transporting officers, facility staff, court staff, ☐ ☐ ☒ medical and mental health personnel in relation to suicide risk. 3600 Orange Brea PD PRO 23-24 Page 5 of 19 A351 TH 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 suicide that balance safety and environment. The least restrictive ☐ ☐ ☒ environment should be considered. (f) Supervision depending on level of suicide risk. ☐ ☐ ☒ (g) Suicide attempt and suicide intervention policies and ☐ ☐ ☒ procedures. (h) Provisions for reporting suicides and suicides ☐ ☐ ☒ attempts. (i) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility administrator, including the development of a corrective ☐ ☐ ☒ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. ☐ ☐ ☒ Note: Subsection (k) does not apply and has been deleted. 1032 FIRE SUPPRESSION PREPLANNING 900.11(g) 579 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 900.11 fire department to be included as part of the policy and 579 ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff with 900.11 two-year retention of the inspection record; 579 Monthly testing of the generator and ☒ ☐ ☐ emergency lights is completed by the city facilities division and noted on the Monthly Fire & Life Safety Inspection completed and maintained by the Jail Administrator. (c) fire prevention inspections as required by Health and 900.11 Safety Code Section 13146.1(a) and (b) which requires 579 ☒ ☐ ☐ inspections at least once every two years; Conducted on 3/21/2023. (d) an evacuation plan; and 900.11 579 ☒ ☐ ☐ Posted throughout the facility. (e) a plan for the emergency housing of incarcerated 900.11 people in the case of fire. 579 ☒ ☐ ☐ Prisoners will be transported to the Orange County Jail. 3600 Orange Brea PD PRO 23-24 Page 6 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1044 INCIDENT REPORTS 900.5.8 575 Each facility administrator shall develop written policies and procedures for the maintenance of written records Custody log entry, any incident that results in ☒ ☐ ☐ and reporting of all incidents which result in physical physical harm or serious threat of physical harm, or serious threat of physical harm, to an employee harm to a member, person in custody, or any or incarcerated person of a detention facility or other other person shall be documented. person. Such records shall include the names of the persons 900.5.8 involved, a description of the incident, the actions taken, ☒ ☐ ☐ 575 and the date and time of the occurrence. Such a written record shall be prepared by the staff 900.5.8 assigned to investigate the incident and submitted to the 575 facility manager or designee. Copies of all reports generated regarding the above circumstances shall be submitted as soon as reasonably practicable. The Watch ☒ ☐ ☐ Commander will retain a record of these reports for inspection purposes. Compliance based on policy only. There were no incident reports to review during the inspection. 1046 DEATH IN CUSTODY 900.9 573 (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health A review team comprised of the Chief of administrator, shall develop written policy and Police or designee, the health administrator, procedures to ensure that there is an initial review of the responsible physician, and other health every in-custody death within 30 days. The review team care and supervision staff who were relevant at a minimum shall include the facility administrator or ☒ ☐ ☐ to the incident shall conduct a review of the designee, the health administrator, the responsible incident. This review shall occur within 30 physician and other health care and supervision staff who days of the incident and shall review the are relevant to the incident. appropriateness of clinical care; whether changes to policies, procedures, or practices are warranted; and to identify issues that require further study. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. (b) Death of a Minor 312.13 In any case in which a minor dies while detained in a jail, 131 lockup, or court holding facility: (1) The administrator of the facility shall provide to the Youth are not held in the jail facility. ☒ ☐ ☐ 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. 3600 Orange Brea PD PRO 23-24 Page 7 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.4.1 571 (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written Arresting officer will: classification plan designed to properly assign Evaluate the following issues against the incarcerated persons to housing units and activities stated risks to determine the need for placing according to the categories of gender identity, age, the individual in a single cell: criminal sophistication, seriousness of crime charged, 1. Consider whether the individual may be at physical or mental health needs, assaultive/non- a high risk of being sexually abused based on assaultive behavior, risk of being sexually abused, or all available known information or whether the sexually harassed and other criteria which will provide for person is facing any other identified risk. the safety of the incarcerated people and staff. Such ☒ ☐ ☐ 2. Provide any individual identified as being at housing unit assignment shall be accomplished to the a high risk for sexual or other victimization extent possible within the limits of the available number with heightened protection. of distinct housing units or cells in a facility. 3.Ensure individuals are separated according to severity of the crime (e.g., felony or The written classification plan shall be based on objective misdemeanor). criteria and include receiving screening performed at the 4. Ensure males and females are separated time of intake by trained personnel, and a record of each by sight and sound when in cells. person's classification level, housing restrictions, and 5. Ensure restrained individuals are not housing assignments. placed in cells with unrestrained individuals. Note: Subsection (b) does not apply and has been deleted. (c) In deciding housing and programming assignments, 900.4.1 the agency shall consider on a case-by-case basis 571 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 900.4 570 The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Prisoners are evaluated during the intake procedures specifying those symptoms that require process. If they exhibit any communicable medical isolation of an incarcerated person until a disease symptoms, the prisoners will be medical evaluation is completed. transported to the county jail. At the time of intake into the facility, an inquiry shall be 900.4, 900.5.1 made of the person being booked as to whether the 570, 572 person has or has had any communicable diseases, such as tuberculosis or has observable symptoms of Response will be noted on the medical ☐ ☐ ☒ tuberculosis or any other communicable diseases, or screening form. other special medical problem identified by the health authority. The response shall be noted on the medical screening from. 3600 Orange Brea PD PRO 23-24 Page 8 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 BEHAVIORAL CRISIS IDENTIFICATION 900.3.1 568-569 The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures to identify and evaluate all incarcerated Non-Detainable Prisoners. people who may be in behavioral crisis. Evaluation of behavioral crisis may include telehealth. If an evaluation from medical or mental health staff is not 900.3.1 (k) readily available, an incarcerated person shall be 568-569 considered in behavioral crisis for the purpose of this ☐ ☐ ☒ section if they appear to be a danger to themselves or others or appear gravely disabled. An evaluation from medical or mental health staff shall be 900.3.1 (k) secured within 24 hours of identification or at the next ☐ ☐ ☒ 568-569 daily sick call, whichever is earliest. Separation may be used if necessary, to protect the 900.3.1 (k) ☐ ☐ ☒ safety of the person in crisis or others. 568-569 1053 ADMINISTRATIVE SEPARATION 900.3.1 (g) 568-569 Except for Type IV facilities, facility administrators shall ☐ ☐ ☒ develop and implement policies and procedures for the Non-Detainable Prisoners. administrative separation of incarcerated people. Policies and procedures must include: 900.3.1 (g) (a) Administrative separation may consist of separate 568-569 housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of ☐ ☐ ☒ protecting the welfare of incarcerated people and facility staff. Note: Subsections (b) through (e) do not apply and have been deleted. 1055 USE OF SAFETY CELL No Safety Cell The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people who ☐ ☐ ☒ display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate ☐ ☐ ☒ authority to place an incarcerated person in a safety cell to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment ☐ ☐ ☒ or as a substitute for treatment. (b) A person shall be placed in a safety cell only with the approval of the facility manager or designee, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every four hours. 3600 Orange Brea PD PRO 23-24 Page 9 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be ☐ ☐ ☒ medically cleared for continued retention, referral to advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. (d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on ☐ ☐ ☒ placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute ☐ ☐ ☒ lapse between safety checks. Such observation shall be documented. (f) Procedures shall be established to assure ☐ ☐ ☒ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☐ ☐ ☒ privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL No Sobering Cell The sobering cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.4, shall be used for temporary holding of incarcerated people who are a threat to their own safety or the safety of others due to their state of intoxication. A person shall be removed from the sobering cell as soon as they are able to continue the admission process or are ☐ ☐ ☒ no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over six hours without an evaluation by medical or custody staff to determine whether the person has an urgent ☐ ☐ ☒ medical problem, pursuant to section 1213 of these regulations. At 12 hours from the time of placement, all persons must ☐ ☐ ☒ receive an evaluation by responsible health care staff. Intermittent direct visual observation of people held in the sobering cell shall be conducted no less than every half ☐ ☐ ☒ hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES 900.3.1 (j) 568-569 The facility administrator, in cooperation with the responsible physician, shall develop written policies and Non-detainable. ☐ ☐ ☒ procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. 3600 Orange Brea PD PRO 23-24 Page 1 0 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The health authority or designee shall contact the 900.3.1 (j) regional center for any incarcerated person suspected or 568-569 confirmed to have a developmental disability for the ☐ ☐ ☒ purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 900.6 576 The facility administrator, in cooperation with the responsible physician, shall develop and implement The use of restraints, other than handcuffs or written policies and procedures for the use of restraint leg irons, will not be used for individuals in devices. Restraint devices include any devices which temporary custody. 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. 3600 Orange Brea PD PRO 23-24 Page 1 1 of 19 A351 TH 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 900.6.1 576 The facility administrator, in cooperation with the responsible physician, shall develop written policies and Restraints are not used for individuals in ☐ ☐ ☒ procedures for the use of restraint devices on pregnant temporary custody. people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: (1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the ☐ ☐ ☒ pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of an incarcerated pregnant person during a medical ☐ ☐ ☒ emergency, labor, delivery, or recovery after delivery or termination of the pregnancy determines that the removal of restraints is medically necessary. (4) Upon confirmation of an incarcerated person’s pregnancy, they shall be advised, orally or in writing, ☐ ☐ ☒ of the standards and policies governing incarcerated pregnant people. 3600 Orange Brea PD PRO 23-24 Page 1 2 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE 900.5.5 574 The facility administrator shall develop written policies and procedures which allow access to a telephone or Immediately upon being booked and, except communication device beyond those telephone calls where physically impossible, no later than which are required by Section 851.5 of the Penal Code. three hours after arrest, an individual in Individuals who are known to have, or are perceived by custody has the right to make at least three others as having hearing or speech impairments shall be ☒ ☐ ☐ completed calls to an attorney, bail provided access to the appropriate telecommunication bondsman, and a relative or other person. device which will facilitate communication. Such devices may include but are not limited to videophones, teletypewriters, or third-party communications assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESS TO COURTS AND COUNSEL 900.5.9 575-576 The facility administrator shall develop written policies ☒ ☐ ☐ and procedures to ensure incarcerated persons have An attorney may visit at the request of the access to the court and to legal counsel. individual in custody or a relative. Such access shall consist of: (b) confidential consultation with attorneys. 900.5.9 ☒ ☐ ☐ 575-576 1080 RULES AND DISCIPLINARY ACTIONS 900.5.10 576 Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary Discipline will not be administered to any ☐ ☐ ☒ actions to guide the conduct of incarcerated persons. individual in custody at this facility. Notes: If discipline IS NOT administered, written policy should indicate as such. If discipline IS administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply and affirmatively and posted conspicuously in housing ☐ ☐ ☒ units and the booking area or issued to each person upon booking. For those individuals with limited literacy, who are unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them ☐ ☐ ☒ verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and actions. 1081 PLAN FOR DISCIPLINE OF INCARCERATED Discipline will not be administered to any PERSONS individual in custody at this facility. Each facility administrator shall develop written policies ☐ ☐ ☒ and procedures for discipline of incarcerated persons. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. 3600 Orange Brea PD PRO 23-24 Page 1 3 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing ☐ ☐ ☒ by the staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and disciplinary authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes: ☐ ☐ ☒ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 2. Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been ☐ ☐ ☒ informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The ☐ ☐ ☒ incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and ☐ ☐ ☒ the action taken shall be reviewed by the facility manager or designee. 6. The incarcerated person shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. 3600 Orange Brea PD PRO 23-24 Page 1 4 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Nothing in this section precludes a facility 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 conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE Discipline will not be administered to any individual in custody at this facility. The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. ☐ ☐ ☒ (b) Extra work detail. (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS Discipline will not be administered to any individual in custody at this facility. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation. ☐ ☐ ☒ Additionally, there shall be the following limitations: (a) Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1) If a person is on disciplinary separation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a ☐ ☐ ☒ consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. 3600 Orange Brea PD PRO 23-24 Page 1 5 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day ☐ ☐ ☒ except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (3) If after placement in separation, mental health or medical staff determine that an individual has serious mental illness or an intellectual disability, they shall ☐ ☐ ☒ be removed from disciplinary separation immediately upon this determination. (b) The delegation of authority to any incarcerated person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the implements necessary to maintain an acceptable level of ☐ ☐ ☒ personal hygiene as specified in Section 1265 of these regulations. (e) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case ☐ ☐ ☒ correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Discipline will not be administered to any individual in custody at this facility. Penal Code Section 4019.5 requires that a record is kept ☐ ☐ ☒ of all disciplinary actions administered therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1270 STANDARD BEDDING AND LINEN ISSUE Prisoners are held no more than 4 hours. The standard issue of clean suitable bedding and linens, for each incarcerated person entering a living area who ☐ ☐ ☒ is expected to remain overnight, shall include, but not be limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; 3600 Orange Brea PD PRO 23-24 Page 1 6 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) one mattress cover or one sheet; ☐ ☐ ☒ (d) one blanket or more depending up on climatic ☐ ☐ ☒ conditions. Policy and procedure shall require that items (a), (b), and ☐ ☐ ☒ (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☐ ☐ ☒ and (d) above prior to their first night in the facility and every night thereafter. 1280 FACILITY SANITATION, SAFETY, AND 900.11 MAINTENANCE 579 The facility administrator shall develop written policies The cleaning and sanitation are the and procedures for the maintenance of an acceptable responsibility of custody staff and the city ☒ ☐ ☐ level of cleanliness, repair, and safety throughout the public work department. 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. 3600 Orange Brea PD PRO 23-24 Page 1 7 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) DETENTION OF MINORS YES NO P/P REFERENCE – COMMENTS Are minors held in this facility? Youth are held in an office outside the jail and department’s administrative office. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on ☒ ☐ the detention of minors: (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) Are minors held in jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 ☐ ☒ establishes the minimum standards of how facilities hold minors in temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 3600 Orange Brea PD PRO 23-24 Page 1 8 of 19 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS- BIENNIAL INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 3600 FACILITY NAME: Brea Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1980 FIELD REPRESENTATIVE: Michael J. Bush DATE: 09/13/2023 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) ☒ ☐ ☐ Contain 10 square feet of floor per inmate Limited to no more than 16 inmates ☒ ☐ ☐ No smaller than 40 square feet ☒ ☐ ☐ Contain sufficient seating to accommodate all inmates ☒ ☐ ☐ Toilet accessible ☒ ☐ ☐ Wash basin accessible ☒ ☐ ☐ Drinking fountain accessible ☒ ☐ ☐ Provide for adequate visual supervision of inmates ☒ ☐ ☐ Bunk provided to inmates held between hours of 2400 In cells A – E, when used for sleeping, RC is and 0600 (Later, less restrictive 1994 standards only one per cell. When used as holding, RC is four require a bunk if inmates are held longer than 12 ☒ ☐ ☐ per cell. Each cell contains a 76” bench that hours) doubles as a bunk. Weapons Locker (3.12) External to the security area and equipped with ☒ ☐ ☐ individual compartments, locks and keys Sobering Cells (WA) (2.4) Remove sobering cell (2014) ☐ ☐ ☒ Limited to no more than 8 inmates Safety Cells (WA) (2.5) No safety cell in this facility. ☐ ☐ ☒ Contain 48 square feet with one floor dimension at least 6 feet Shower-Delousing Room (3.4) ☒ ☐ ☐ Available Secure Vault or Storage Space (2.1) ☒ ☐ ☐ Available for inmate valuables Telephone (2.1) ☒ ☐ ☐ Available for inmate use per Penal Code § 851.5 3600 Orange Brea PD PHY 23-24 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Audio Monitoring (2.22) Video monitoring in each cell, audio is monitored by dispatch. For facilities planned or constructed after 8-86 ☒ ☐ ☐ Janitor Closet (2.20) ☒ ☐ ☐ Available Storage Rooms (WA) (2.21) ☒ ☐ ☐ Available Emergency Power (2.24) Alarms go to dispatch. Available to maintain fire and life safety, security, ☒ ☐ ☐ communications and alarm systems Attorney Interview Space (2.26) ☒ ☐ ☐ Available 3600 Orange Brea PD PHY 23-24 - 2 - A370 PHY CH-TH 1-78.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3600 FACILITY: Brea Police Department TYPE: THJ RC: 0 FIELD REPRESENTATIVE: Michael J. Bush DATE: 09/13/2023 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # RC RC (L x W x H) T U W F S Beds Booking 2001 1 Not Measured 1 - 1 1 - enclosure Booking 2001 1 Not Measured 1 - 1 1 - enclosure Notes: One holding cell was eliminated in 2001 to construct the two booking enclosures. The enclosures are non-rated space due to size and fixtures. A – E Holding 1980 5 1 4 (20) 7’ x 7’ 1 - 1 1 * Notes: Each cell is equipped with 76” bunk. When used for sleeping, capacity is one per cell. When used for holding, capacity is four per cell. There is one shower in the area for the cells. Sobering 1980 1 - 4 (4) 8’ x 10’ 1 - 1 1 - Sobering cell removed during the remodeling of locker room 2014 MJB *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. 3600 Orange Brea PD LASE 23-24 - 1 - A360 LAS Adult.dot (9/98)