Orange Cypress PD Inspection Rpt 20-22 TH (2020-2022 inspection cycle)

April 4, 2023 Mark Lauderback, Chief of Police Cypress Police Department 5275 Orange Avenue Cypress, CA 90630 2020-2022 BIENNIAL INSPECTION OF CYPRESS POLICE DEPARTMENT, TEMPORARY HOLDING FACILITY, PENAL CODE 6031 & WIC 209(c) Dear Chief Lauderback: On July 15, 2021, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Cypress Police Department Temporary Holding Facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards for the facility; the Physical Plant Evaluation outlining Title 24 requirements for the design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections, which would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Department and the respective fire authorities for a comprehensive perspective of your facility. Local inspection reports are forwarded to your department under a separate cover. Each of the local inspections was current. Inspection Date Fire and Life Safety 09/15/2020 Medical and Mental Health 11//23/2020 Mark Lauderback Chief of Police Page 2 Environmental Health 11/23/2020 Nutrition N/A BSCC INSPECTION Title 15, CCR Minimum Standards Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Corrective Action Plan No areas of noncompliance were noted, and no corrective action is required. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance The BSCC monitors local detention facilities for compliance with JJDPA; Minors are not held in the jail facility. --- This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Cypress Police Department Temporary Holding Facility. If you should have any questions, please contact me at (916) 956-5968 or email me at michael.bush@bscc.ca.gov. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 3630 Orange Cypress PD TH LTR 20-22 Mark Lauderback Chief of Police Page 3 Enclosures cc: City Manager, City of Cypress* Presiding Judge, Superior Court, County of Orange* Grand Jury Foreperson, Superior Court, Orange County* *Complete copies of this inspection are available upon request and at www.bscc.ca.gov. 3630 Orange Cypress PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3630 FACILITY NAME: Cypress Police Department FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sergeant Michael McBain FIELD REPRESENTATIVE: Michael J. Bush DATE: 07/15/2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY All staff who have the responsibility of HOLDING FACILITY TRAINING supervising inmates have completed the initial mandatory (8) hours of training. Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire, and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, 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, or the effective date of this regulation. 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. Eight hours of refresher training shall be completed once All staff who have the responsibility of every two years. Successful completion of the requirements supervising inmates have completed the ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be mandatory (8) hours of refresher training substituted for the eight-hour refresher. through the Orange Co. Sheriff’s Department. 1027 NUMBER OF PERSONNEL In addition to the implementation and operation of all programs and activities required by the regulations, another predictor for compliance A sufficient number of personnel shall be employed in each local detention facility to ensure the implementation and ☒ ☐ ☐ with this section is the availability of staff to complete and document at least hourly safety operation of the programs and activities required by these checks. regulations. Whenever there is an inmate in custody, there shall be at 100.6 least one employee on duty at all times in a local detention At least one Police Services Officer (PSO) facility or in the building which houses a local detention whenever an inmate is in custody. The assigned ☒ ☐ ☐ facility who shall be immediately available and accessible to PSO shall complete booking procedures, house, inmates in the event of an emergency. and transport inmates, prepare and serve inmate meals, and conduct safety checks. 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. 3630 Orange Cypress PD TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such an employee shall not have any other duties which 102.1 would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there 102.1 shall be at least one female employee who shall be PSO, sworn female police officer or matron is ☒ ☐ ☐ immediately available and accessible to such females. always present in the building. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 102.1 The Watch Commander shall ensure that the Safety checks shall be conducted at least hourly through inmate has at least an hourly safety check direct visual observation of all inmates. There shall be no through direct visual supervision. This safety more than a 60-minute lapse between safety checks. check shall be documented on the detention ☒ ☐ ☐ facility log. BSCC staff reviewed and verified observation logs. Each log was within the regulation standard 60-minute time frame. There is a written plan that includes the documentation of Reviewed three months of safety checks. All ☒ ☐ ☐ routine safety checks. within the standard time frame. 1028 FIRE AND LIFE SAFETY STAFF This requirement is included in the officer’s initial training. Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Unless otherwise stated, all policies reviewed were contained within the Cypress Police Department Detention Facility Policy and Facility administrator(s) shall develop and publish a manual Procedure 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. ☒ ☐ ☐ 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 facilities shall provide for, but not be limited to, the following: 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3630 Orange Cypress PD TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) Table of organization, including channels of 100 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 100.6 ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ Department policy. (4) Policy on the use of restraint equipment, including the 106.21 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ The restraint of pregnant arrestees is covered in Section 3407. section 6030 of the department manual. (5) Procedure and criteria for screening newly received 108.3 & 108.4 inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: Due to the limited number of inmates, counts ☒ ☐ ☐ occur during safety checks. (A) physical counts of inmates, In practice, this occurs when each PSO comes on ☒ ☐ ☐ duty. (B) searches of the facility and inmates, ☒ ☐ ☐ 106.2 (C) contraband control, and ☒ ☐ ☐ 106.3 (D) key control. ☒ ☐ ☐ 104.1 Each facility administrator shall, at least annually, review, 100.6 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: (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; 113.4 ☒ ☐ ☐ 103.7 113.4 (C) mass arrests; ☒ ☐ ☐ 113.4 (D) natural disasters; ☒ ☐ ☐ 113.7 (E) periodic testing of emergency equipment; and ☒ ☐ ☐ 113.3 (F) storage, issue, and use of weapons, ammunition, 104.3 ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 114 (9) Segregation of Inmates. ☒ ☐ ☐ 109 (10) Zero tolerance in the prevention of sexual abuse and New Regulations, please add to policy. ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond New Regulations, please add to policy. to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, New Regulations, please add to policy. Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, 3630 Orange Cypress PD TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved inmates, family, New Regulations, please add to policy. community members, and other interested third parties to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 120 Suicide Prevention Prisoners who have visible scars on their wrists The facility shall have a comprehensive written suicide or neck indicating prior suicide attempts, and the prevention program developed by the facility administrator, prisoners state his/her intentions of suicide, in conjunction with the health authority and mental health should not be held at our facility and will be director, to identify, monitor, and provide treatment to those transported to the appropriate facility as soon as inmates who present a suicide risk. The program shall possible, and in any event, shall be placed under include the following: ☒ ☐ ☐ constant observation. Upon transfer, the custodial or transporting officer will inform the receiving custodian of the risk assessment. This fact shall be documented in the incident report. (a) Suicide prevention training for all staff that have direct All staff who will have direct contact with ☒ ☐ ☐ contact with inmates. inmates will attend suicide prevention training. (b) Intake screening for suicide risk immediately upon ☒ ☐ ☐ intake and prior to housing assignment. (c) Provisions facilitating communication among arresting/transporting officers, facility staff, medical and ☐ ☐ ☒ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☐ ☐ ☒ (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ (f) Suicide attempt and suicide intervention policies and ☐ ☐ ☒ procedures. (g) Provisions for reporting suicides and suicides attempts. ☐ ☐ ☒ (h) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility ☐ ☐ ☒ administrator. 1032 FIRE SUPPRESSION PREPLANNING 113 Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 113.3 C. monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and ☒ ☐ ☐ 113.2 B. 3630 Orange Cypress PD TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) a plan for the emergency housing of inmates in the case of 114.2 C. 3. The Orange County Jail would be ☒ ☐ ☐ fire. used in this event. 1044 INCIDENT REPORTS 102.2 Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned No reported incidents which resulted in physical to investigate the incident and submitted to the facility harm, or serious threat of physical harm, to an manager or his/her designee. ☒ ☐ ☐ employee or inmate of a detention facility or other person during this cycle. 1046 DEATH IN CUSTODY 107.4 A review team comprised of the Chief of Police (a) Death in Custody Reviews for Adults and Minors. or designee, the health administrator, the responsible physician, and other health care and The facility administrator, in cooperation with the health supervision staffs who were relevant to the administrator, shall develop written policy and procedures ☒ ☐ ☐ incident shall conduct a review of the incident. to ensure that there is an initial review of every in-custody This review shall occur within 30 days of the death within 30 days. The review team shall include the incident and shall review the appropriateness of facility administrator and/or the facility manager, the health clinical care; whether changes to policies, administrator, the responsible physician and other health procedures, or practices are warranted; and to care and supervision staff who are relevant to the incident. 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 324.7.5 In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Youth are not held in the facility. lockup, or court holding facility: (1) The administrator of the facility shall provide to the For Minors - In the case of a death, providing a Board a copy of the report submitted to the Attorney report to the Attorney General under General under Government Code Section 12525. A copy Government Code § 12525 within 10 calendar of the report shall be submitted within 10 calendar days days of the death, and forwarding the same report ☒ ☐ ☐ after the death. to the Board of State and Community Corrections (BSCC) within the same time frame. (2) Upon receipt of a report of death of a minor from the Upon receipt of a report of a death of a minor administrator, the Board may within 30 calendar days from the Administrator, the Board may within 30 inspect and evaluate the jail, lockup, or court holding calendar days inspect and evaluate the jail, lock- ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any up, or court holding facility. inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 3630 Orange Cypress PD TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 109.2 BSCC staff reviewed eight months of inmate (a) Each administrator of a temporary holding, Type I, II, or classification and medical screening forms. All III facility shall develop and implement a written forms were complete and ensure the inmate's classification plan designed to properly assign inmates to health and safety. housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area 109.4 A Segregation Screening Form is used. for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 106.1 & 109.3 B. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be 106.1 made of the person being booked as to whether or not he/she Reviewed medical screening forms (PD 117). has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 109.3 C. The facility administrator, in cooperation with the ☒ ☐ ☐ Mentally disordered individuals are immediately responsible physician, shall develop written policies and transported to an appropriate facility and not procedures to identify and evaluate all mentally disordered housed at this facility. inmates, and may include telehealth. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. 3630 Orange Cypress PD TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 109.1 Will be separated prior to being transported to Except in Type IV facilities, each facility administrator shall the county jail. develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and Will be separated prior to being transported to secure housing but shall not involve any other deprivation of the county jail. ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 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 inmates 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 inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate 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. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. 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 within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. 3630 Orange Cypress PD TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Inmates 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 inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL 110.1 The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they 106.4 are able to continue in the processing. Inmates who are so intoxicated that they cannot answer medical questions should be considered ☒ ☐ ☐ in need of medical care and supervision during their sobering and should therefore be transferred to a hospital without delay. In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will 110.2 receive an evaluation by responsible health care staff. When an inmate has been housed for a period of six (6) hours, the on-duty watch commander or supervisor will be notified. The watch commander or supervisor will evaluate the sobriety or medical condition of the inmate. ☐ ☐ ☒ The Orange County Fire Authority paramedics will then be requested to medically evaluate the inmate, or the inmate will be transported to a local hospital for a medical evaluation and treatment. Intermittent direct visual observation of inmates held in the Intermittent direct visual observation of inmates sobering cell shall be conducted no less than every half hour. held in the sobering cell shall be conducted no Such observation shall be documented. less than every half-hour. Each inmate shall be awakened at least every 30 minutes to assure that ☒ ☐ ☐ he or she is not in need of medical attention. BSCC staff reviewed several sobering cell observation logs. Each log was within the regulation standard 30-minute timeframe. 1057 DEVELOPMENTALLY DISABLED 109.5 INMATES Arrestees determined to be developmentally disabled are not housed at this facility. The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. 3630 Orange Cypress PD TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 106.21 Restraints for this purpose are not used. Inmates The facility administrator, in cooperation with the requiring this type of restraint are immediately responsible physician, shall develop written policies and ☐ ☐ ☒ transported to an appropriate facility. procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. 3630 Orange Cypress PD TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES Restraints for this purpose are not used. Inmates requiring this type of restraint are immediately transported to an appropriate facility. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate 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 inmate 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 inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE 102.11 Every inmate detained in the detention facility, The facility administrator shall develop written policies and whether adult or juvenile, shall be entitled to procedures which allow reasonable access to a telephone ☒ ☐ ☐ three (3) completed calls immediately upon beyond those telephone calls which are required by Section being booked, and no later than three (3) hours after arrest, as per Section 851.5 of the Penal 851.5 of the Penal Code. Code. 1068 ACCESS TO COURTS AND COUNSEL 102.9 The facility is not equipped to provide The facility administrator shall develop written policies and ☒ ☐ ☐ confidential, non-recorded access to counsel. In procedures to ensure inmates have access to the court and to order to accommodate such access to an legal counsel. Such access shall consist of: attorney, arrestees will be transferred to another jail facility such as Orange County Jail. (a) unlimited mail as provided in Section 1063 of these ☒ ☐ ☐ regulations, and (b) confidential consultation with attorneys. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY PENALTIES 102.22 Discipline is not administered at this facility. Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or 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 penalties. 3630 Orange Cypress PD TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR INMATE DISCIPLINE 102.22 Discipline is not administered at this facility. If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive 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. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive 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 inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate 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 inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate 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. 3630 Orange Cypress PD TH PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The inmate shall be advised in a written statement by the factfinders 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. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, 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 102.22 Discipline is not administered at this facility. The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. 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. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY 117 ACTIONS Discipline is not administered at this facility. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate 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. (b) 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 inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 3630 Orange Cypress PD TH PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) 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. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate 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. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS 117 Discipline is not administered at this facility. Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered, ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1280 FACILITY SANITATION, SAFETY, AND 117 MAINTENANCE Discipline is not administered at this facility. The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of ☒ ☐ ☐ cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Youth are not securely detained within the secure perimeter of the jail. The Juvenile Justice and Delinquency Prevention Act ☐ ☒ (JJDPA) establishes the following federal standards on the detention of minors: 3630 Orange Cypress PD TH PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? Penal Code Section 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. 3630 Orange Cypress PD TH PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3630 FACILITY: Cypress Police Department TYPE: TH RC: (0) FIELD REPRESENTATIVE: Michael J. Bush DATE 07/15/2021 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 Booking -- 2 - - - 7.1’ x 4.9’ x 8.0’ - - - - - Enclosure Notes: These enclosures are in the booking area. Each contains a 4-foot bench, and no other furnishings or facilities. As the facility changed from Type I to TH, these areas were reclassified from (non-compliant) holding cells to booking enclosures 2000/02 cycle. Cell 1 Sobering 1991 1 - (5) (5) 7.3’ x 14.3’ x 8.5’ 1 - 1 1 - Cell 2 Holding 1980 1 2 (4) (4) 7.3’ x 14.3’ x 8.5’ 1 - 1 1 - Notes: 103.3 square feet. When the facility changed from Type I to TH, this cell was reclassified from a multiple occupancy cell to a temporary holding cell 2000/02 cycle. Cell contains one double bed/bunk; bottom bunk was used to establish seating. Seating limits capacity. If used as a sleeping cell (for prisoners held over 12 hours), the cell’s capacity decreases to (2). Cell 3 Holding 1980 1 4 (12) (12) 12.0’ x 14.0’ x 8.5’ 1 - 1 1 1 Notes: Contains a shower that is available to anyone who may need to use it. When the facility changed from Type I to TH, this cell was reclassified from a multiple occupancy cell to a temporary holding cell. Cell contains one double bunk and two single beds; bottom bunks/beds were used to establish seating. Seating limits capacity as footage and facilities (using later less restrictive 1994 standards) would allow for a maximum capacity of (16). If used as a sleeping cell (for prisoners held over 12 hours), the cell’s capacity decreases to (4). NOTE: Audio-monitoring was added to all cells, and the detention area in general. Cells are also monitored, and recorded, by video cameras. *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. 3630 Orange Cypress PD TH LASE 20-22 - 1 - A360 LAS Adult.dot (9/98) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT TYPE I, II, III AND IV FACILITIES APPLICABLE REGULATIONS: 3/80; 8/86; 5/88; 1/91 Title 24, California Code of Regulations (CCR) BSCC Code: 3630 FACILITY NAME: Cypress Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 3/80: X 8/86: 5/88: 1/91: X OTHER: FIELD REPRESENTATIVE: Michael J Bush DATE: 07/15/2021 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) These enclosures are in the booking area. Each contains a 4-foot bench, and no other furnishings Contain 10 square feet of floor per inmate or facilities. As the facility changed from Type I X to TH, these areas were reclassified from (non- compliant) holding cells to booking enclosures 2000/02 cycle. Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Water fountain accessible X Wash basin accessible X Provides clear visual supervision X Telephone accessible X Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Temporary Staging Cell or Room (2.3) No cells of this type are in the facility. The remainder of the regulation was deleted from the 1-91: Added provision for temporary staging cells-rooms checklist. X Holds inmates classified and segregated per Title 15 § 1050 and § 1053 Sobering Cells (2.4) Cell One. X Contain 20 square feet of floor per inmate Limited to no more than 8 inmates X No smaller than 60 square feet X Contain toilet X Contain washbasin X Contain drinking fountain X Partitions or handrails located next to toilet fixture to Padded partition. X provide support Provide easy, unobstructed visual observation X Padding on the floor X Shower-Delousing Room (3.4) Located inside cell 3. X Available in reception/booking 3630 Orange Cypress PD TH PHY 20-22 - 1 - A381 PHY Type 80 86 88 91.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Safety Cells (2.5) No cells of this type are in the facility. The remainder of the regulation was deleted from the X Contain 48 square feet with one floor dimension at least 6 checklist. feet and ceiling height of at least 8 feet Single Occupancy Cells (2.6) No cells of this type are in the facility. The X remainder of the regulation was deleted from the Maximum capacity of one inmate checklist. Multiple Occupancy Cells (8227) The facility has converted to a Temporary 8-86: Deleted provision for multiple occupancy cells Holding Facility. No cells of this type, the X remainder of the regulation is deleted. Contain 35 square feet per person Multiple Occupancy Rooms (8229) No cells of this type are in the facility. The 8-86: Deleted provision for multiple occupancy rooms remainder of the regulation was deleted from the X checklist. Limited to housing persons in Type III and IV facilities and workers in Type I and II facilities Double Occupancy Cells (2.7) No cells of this type are in the facility. The 5-88: Added provision for double occupancy cells remainder of the regulation was deleted from the X checklist. Maximum capacity of two inmates Dormitories (2.8) No cells of this type are in the facility. The 8-86: Provision for dormitories added remainder of the regulation was deleted from the X checklist. Contain 50 square feet of floor area per inmate and a minimum of 8 feet ceiling height Dayrooms (2.9) X 8-86: Added requirement for 3 foot wide corridors in front of cells-rooms Shower (3.4) Located inside cell 3. X Available on a ratio of 1:16 Lighting (3.6) Sufficient to permit easy reading. Night lighting is sufficient to allow good supervision. X 8-86: Specifies at least 20 foot-candles at desk level and in grooming areas, with night lighting not to exceed 5 foot-candles Beds-Bunks (3.5) X 30 inches wide and 76 inches long Comfortable Living Environment [102(c)6] A comfortable living environment is maintained through an X adequate heating and cooling system. 3630 Orange Cypress PD TH PHY 20-22 - 2 - A381 PHY Type 80 86 88 91.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Exercise Area -Type II, III and WA IV (2.10) Type I. Remainder of regulation deleted from the checklist. X At least one exercise area must contain a minimum of 900 square feet Program Space - Type II and III (2.11) Sufficient area and furnishings to meet the needs of the X facility programs Dining Facilities (2.17) Inmates eat inside the cells. Type I facility. X 15 square feet per inmate being fed Toilets, washbasins and showers are not in the same room or not in view of inmate dining X Visiting (2.18) X Sufficient visiting area Contact visits whenever possible for minimum security inmates X Attorney Interviews (2.26) X Provide for confidential attorney consultation Safety Equipment Storage (2.19) Adequate space is provided for storage of equipment such X as fire extinguishers, SCBA, emergency lights, etc. Janitor Closet (2.20) Located in security areas lockable, containing a mop sink X and storage space Storage Rooms (2.21) Sufficient space to accommodate inmate property, bedding X and supplies Audio or Video Monitoring System -NA Type IV (2.22) An audio system has been installed since the last inspection. X Audio monitoring system capable of alerting staff in a central control Video monitoring in corridors, main entries and/or exits and Video monitoring in hall, holding cells, sallyport programs or activity areas X and back lot. Fire Detection and Alarm System [102(c)6] X Automatic fire alarm system capable of alerting staff in a central control point Emergency Power (2.24) Available to provide minimal lighting, maintain X communications, alarm, fire, life and security systems 3630 Orange Cypress PD TH PHY 20-22 - 3 - A381 PHY Type 80 86 88 91.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Provide Space for: Barber/beauty shop(2.15) X 8-86: Limit requirement to Type II and III facilities (Deleted 2/99)) Canteen (2.16) X 8-86: Added for II, III & IV facilities Confidential Interview Rooms (2.25) 8-86: Added for Type II facilities X 3630 Orange Cypress PD TH PHY 20-22 - 4 - A381 PHY Type 80 86 88 91.dot (9/98)