BSCC
Orange Newport Beach PD City Jail (2023-2024 inspection cycle)
Read the report at Orange Newport Beach PD City Jail ↗
November 1, 2023
Joseph Cartwright, Chief of Police
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031,
WELFARE & INSTITUTIONS CODE SECTION 209, NEWPORT BEACH POLICE
DEPARTMENT’S DETENTION FACILITY
Dear Chief Cartwright:
The 2023-2024 Comprehensive Inspection of the Newport Beach City Police Department
has been completed. The following facility was inspected on August 16, 2024:
FACILITY NAME BSCC # FACILITY TYPE
Newport Beach PD 9720 IJ
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 the inspection(s) by the BSCC, inspections are also required annually by
the County Health Officer and biennially by the State Fire Marshal or an authorized
representative (Health and Safety Code Sections 101045 and 13146.1). The results of
those inspections are considered a part of this report.
INSPECTION RESULTS
We identified no items of noncompliance with Title 15 Minimum Standards. Refer to the
attached Title 15 Procedures Checklist for detailed information.
No items of noncompliance were identified with Title 24 Minimum Standards. Refer to the
Physical Plant Evaluation (PHY) and Living Area Space Evaluation (LASE) attachments
for information related to Rated Capacity.
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.
Joseph Cartwright
Chief of Police
Page 2
An Exit Briefing with your staff was held on Wednesday, August 16, 2023; BSCC staff
presented an inspection overview and discussed technical assistance and best practice
recommendations.
* * *
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: City Manager, City of Newport Beach*
Grand Jury Foreman, Superior Court, County of Orange*
Presiding Judge, Orange County Superior Court*
Chair, Grand Jury, Orange County*
Timothy Stewart, Jail Manager, Newport Beach Police Department
*Copies of the inspection are available upon request or online at www.bscc.ca.gov.
3720 Orange Newport Beach PD City Jail IJ LTR 23-24
TYPE I FACILITIES
Board of State and Community Corrections
PROCEDURES1
BSCC Code: 3720
FACILITY NAME: Newport Beach PD City Jail FACILITY TYPE: IJ
PERSON(S) INTERVIEWED: Jail Manager Tim Stewart
FIELD REPRESENTATIVE: Michael Bush DATE: 08/16/2023
TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
1020 CORRECTIONS OFFICER CORE COURSE2 109.1
(a) In addition to the provisions of California Penal Code The Newport Beach Police Department is a
Section 831.5, all custodial personnel of a Type I, II, III, Standards and Training for Corrections
☒ ☐ ☐
or IV facility shall successfully complete the “Corrections (STC) participating agency. Compliance
Officer Core Course” as described in Section 179 of Title with sections related to training (except for
15, CCR, within one year from the date of assignment. 1021) is determined by an annual audit of
training records.
(b) Custodial Personnel who have successfully 109.1
completed the course of instruction required by Penal
Code Section 832.3 shall also successfully complete the
☒ ☐ ☐
“Corrections Officer Basic Academy Supplemental Core
Course” as described in Section 180 of Title 15, CCR,
within one year from the date of assignment.
1021 JAIL SUPERVISORY TRAINING 109.2
Prior to assuming supervisory duties, jail supervisors ☒ ☐ ☐
shall complete the core training requirements pursuant to
Section 1020, Corrections Officer Core Course.
In addition, supervisory personnel of any Type I, II, III or
IV jail shall also be required to complete either the STC
Supervisory Course (as described in Section 181, Title ☒ ☐ ☐
15, CCR) or the POST supervisory course within one
year from date of assignment.
1023 JAIL MANAGEMENT TRAINING 109.3
Managerial personnel of any Type I, II, III or IV jail shall
be required to complete either the STC management ☒ ☐ ☐
course (as described in Section 182, Title 15, CCR) or
the POST management course within one year from date
of assignment.
1025 CONTINUING PROFESSIONAL TRAINING 109.4
☒ ☐ ☐
With the exception of any year that a core training module
is successfully completed, all facility/system
1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15
regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this
worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations,
Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations.
2 For STC participating agencies, consistency with training sections 1020, 1021, 1023 & 1025 is annually assessed by the STC
Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
administrators, managers, supervisors, and custody
personnel of a Type I, II, III, or IV facility shall successfully
complete the “annual required training” specified in
Section 184 of Title 15, CCR.
1027 NUMBER OF PERSONNEL 106
A sufficient number of personnel shall be employed in In addition to the implementation and
each local detention facility to ensure the implementation operation of all programs and activities
and operation of the programs and activities required by ☒ ☐ ☐ required by the regulations, another
these regulations. 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 106
least one employee on duty at all times in a local
detention facility or in the building which houses a local
☒ ☐ ☐
detention facility who shall be immediately available and
accessible to incarcerated people in the event of an
emergency.
Such an employee shall not have any other duties which 106
would conflict with the supervision and care of ☒ ☐ ☐
incarcerated people in the event of an emergency.
Whenever one or more females are in custody, there 106, 107
shall be at least one female employee who shall be
immediately available and accessible to such females. Whenever there is a female in custody and a
Note: Reference PC § 4021. full-time female staff is not available, the
department will turn to their Matron staff,
who have received 8 hours of jail training.
☒ ☐ ☐
The department is operating as a Type I
facility. A trained female employee must
attend the “Corrections Officer Core
Course”, related to T/15, section 1020 as
well as attend the 831.5 PC course to
adhere to 4021 PC.
In order to determine if there is a sufficient number of To determine if there is a sufficient number
personnel for a specific facility, the facility administrator of personnel for a specific facility, the facility
shall prepare and retain a staffing plan indicating the administrator shall prepare and retain a
personnel assigned in the facility and their duties. Such a staffing plan indicating the personnel
staffing plan shall be reviewed by the Board staff at the assigned to the facility and their duties. Such
time of their biennial inspection. The results of such a a staffing plan shall be reviewed by the
☒ ☐ ☐
review and recommendations shall be reported to the Board staff at the time of their biennial
local jurisdiction having fiscal responsibility for the facility. inspection.
BSCC staff reviewed the 2023 staffing
summary submitted to the City Council.
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- ☒ ☐ ☐
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
being of individuals and shall be conducted at least hourly
through direct visual observation of all people held and
housed in the facility.
(b) There shall be no more than a 60-minute lapse BSCC staff reviewed and verified 10 months
between safety checks. ☒ ☐ ☐ of observation logs. Each safety check was
within the regulation’s 60-minute time frame.
(c) Safety checks for people in sobering cells, safety 108
cells, and restraints shall occur more frequently as
outlined in section 1055, section 1056, and section 1058 Safety Cell checks shall be conducted at
of these regulations. least twice every thirty (30) minutes and
documented. Documentation of the "Safety
Cell Log" shall include the time, whether the
inmate is awake or asleep, observations, if
the inmate was restrained or transferred, any
fluids given, any medical or mental
evaluations conducted, and the officer's
initials.
The approving Watch Commander's name
shall also be documented. Custody Officers
☒ ☐ ☐ shall also document when an inmate is
removed from restraints and removed from
the Safety Cell. Custody Officers will
complete an Incident Report explaining the
reason for placement into the Safety Cell.
Sobering Cell checks shall be conducted no
less than every half-hour and documented.
Documentation of the "Inmate Detoxification
Form" shall include the time, the inmate's
status (e.g. drowsy, aware, sleeping but
arousable), observations, and the officer's
initials. Custody Officers shall also document
the date/time the inmate is removed from the
Sobering Cell.
(d) Safety checks shall occur at random or varied 108
intervals.
☒ ☐ ☐ Custody Officers shall conduct direct visual
observations performed at random intervals
within required timeframes.
(e) There shall be a written plan that includes the 241
documentation of all safety checks. Documentation shall
☒ ☐ ☐
include: Policy requires documentation of hourly
checks.
(1) the actual time at which each individual safety 108
check occurred;
☒ ☐ ☐
The inspection shall be documented with the
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 108
who completed the safety check(s).
☒ ☐ ☐
Officer's initials or ID number and number of
in-custodies.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
(f) A documented process by which safety checks are 108
reviewed at regular defined intervals by a supervisor or
facility manager, including methods of mitigating patterns ☒ ☐ ☐ The Jail manager will randomly review safety
of inconsistent documentation, or untimely completion of, check logs.
safety checks.
1028 FIRE AND LIFE SAFETY STAFF 620.2
Whenever there is a person in custody, there shall be at All staff have gone through the fire and life
☒ ☐ ☐
least one person on duty at all times who meets the safety training during their correctional core
training standards established by the Board for general training.
fire and life safety. [Penal Code section 6030(c)].
The facility manager shall ensure that there is at least one 620.2
person on duty who trained in fire and life safety ☒ ☐ ☐
procedures that relate specifically to the facility.
1029 POLICY AND PROCEDURES MANUAL3 625, 625.2
Facility administrator(s) shall develop and publish a Newport Beach Detention Manual
manual of policy and procedures for the facility. The
policy and procedures manual shall address all
applicable Title 15 and Title 24 regulations and shall be
comprehensively reviewed and updated at least every
☒ ☐ ☐
two years. Such a manual shall be made available to all
employees.
Notes: The policies and procedures required in
subsections (a)(6) and (a)(7) may be placed in a separate
manual to ensure confidentiality. 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: ☒ ☐ ☐
(1) Table of organization, including channels of
communications.
(2) Inspections and operations reviews by the facility
☒ ☐ ☐
administrator/manager.
(3) Policy on the use of force that meets current state
and federal legal requirements and includes
☒ ☐ ☐ 300 Departmental Operation Manual
prohibition of the use of carotid restraint and choke
holds.
(4) Policy on the use of restraint equipment, including
the restraint of pregnant persons as referenced in ☒ ☐ ☐
Penal Code Section 3407.
(5) Procedure and criteria for screening newly
☒ ☐ ☐ 254
received persons for release.
(6) Security and control including physical counts and
searches of the facility and incarcerated persons,
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
3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting
general access.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
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 ☒ ☐ ☐ 619
section 1032 of these regulations;
(B) escape, disturbances, and the taking of
☒ ☐ ☐ 618.2
hostages;
(C) mass arrests; ☒ ☐ ☐ 618.2
(D) natural disasters; ☒ ☐ ☐ 615
(E) periodic testing of emergency equipment;
☒ ☐ ☐ 619
and,
(F) storage, issue, and use of weapons,
ammunition, chemical agents, and related ☒ ☐ ☐ 616
security devices.
(8) Suicide Prevention. ☒ ☐ ☐ 405
(9) Separation of incarcerated persons. ☒ ☐ ☐
(10) Zero tolerance in the prevention of sexual abuse
☒ ☐ ☐ 261
and sexual harassment.
(11) Policy and procedure to detect, prevent, and 261
respond to retaliation 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,
Type I, II, III, and IV facilities shall provide for, but not be
limited to, the following:
(1) multiple internal ways for incarcerated people to
privately report sexual abuse and sexual
☒ ☐ ☐ 261 – 261.9
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, 261 – 261.9
family, community members, and other interested
third parties to report sexual abuse or sexual ☒ ☐ ☐
harassment. The method for reporting shall be
publicly posted at the facility.
1030 SUICIDE PREVENTION PROGRAM 405
If during the intake screening, a person is
The facility shall have a comprehensive written suicide deemed to have a mental disorder, they will
prevention program developed by the facility be immediately transferred to an appropriate
administrator or designee, in conjunction with the health ☒ ☐ ☐ facility.
authority and mental health director, to identify, monitor,
and provide treatment to those incarcerated persons who
present a suicide risk.
The program shall include the following:
(a) Annual suicide prevention training for all custodial ☐ ☐ ☒ 405
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
personnel.
(b) Intake screening for suicide risk immediately upon 405
☐ ☐ ☒
intake and prior to housing assignment.
(c) Suicide prevention screening during special 405
situations, including placement in restrictive housing,
☐ ☐ ☒
following a hearing, and after a transfer or change in
classification.
(d) Provisions facilitating communication among 405
arresting/transporting officers, facility staff, court staff,
☐ ☐ ☒
medical and mental health personnel in relation to suicide
risk.
(e) Housing recommendations for people at risk of 405
suicide that balance safety and environment. The least ☐ ☐ ☒
restrictive environment should be considered.
(f) Supervision depending on level of suicide risk. ☐ ☐ ☒ 405
(g) Suicide attempt and suicide intervention policies and 405
☐ ☐ ☒
procedures.
(h) Provisions for reporting suicides and suicides 405
☐ ☐ ☒
attempts.
(i) Multi-disciplinary administrative review of suicides and 405
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. ☐ ☐ ☒ 405
(k) Plan for mental health consultation following return 405
☐ ☐ ☒
from court as determined by the mental health director.
1032 FIRE SUPPRESSION PREPLANNING 620.2
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 620.2 A,B,C,D
fire department to be included as part of the policy and
☒ ☐ ☐
procedures manual (Title 15, California Code of
Regulations Section 1029);
(b) monthly fire prevention inspections by facility staff 620.2
with two-year retention of the inspection record; ☒ ☐ ☐ Performed by the Custody Supervisor.
Verified.
(c) fire prevention inspections as required by Health and 620.2
Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐
inspections at least once every two years; Conducted 08/16/2023.
(d) an evacuation plan; and, ☒ ☐ ☐ 620.2
(e) a plan for the emergency housing of incarcerated 620.2
☒ ☐ ☐
people in the case of fire.
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1040 POPULATION ACCOUNTING
Each facility administrator shall maintain a demographics
☒ ☐ ☐
accounting system which reflects the monthly average
daily population of sentenced and non-sentenced people
by gender and juvenile status.
Facility administrators shall provide the Board with
applicable demographic information as described in the ☒ ☐ ☐
Jail Profile Survey.
1041 RECORDS 230 – 231
(a) Each facility administrator of a Type I, II, III or IV The Technical Services Bureau maintains
facility shall develop written policies and procedures for inmates’ records.
the maintenance of individual records for each
incarcerated person which shall include, but not be ☒ ☐ ☐
limited to, intake information, personal property receipts,
commitment papers, court orders, reports of disciplinary
actions taken, medical orders issued by the responsible
physician and staff response, and non-medical
information regarding disabilities and other limitations.
(b) Each facility administrator shall collect accurate, 261
uniform data for every allegation of sexual abuse at
facilities under its direct control and from other facilities
with which it contracts for the confinement of its
incarcerated people. The data collected shall include, at ☒ ☐ ☐
a minimum, the data necessary to satisfy the reporting
requirements of 34 U.S.C. section 30303(a)(1).
Note: federal survey on sexual violence.
1044 INCIDENT REPORTS 503
Each facility administrator shall develop written policies Incident reports generally serve as in-house
and procedures for the maintenance of written records documentation of occurrences in the
☒ ☐ ☐
and reporting of all incidents which result in physical detention center.
harm, or serious threat of physical harm, to an employee
or incarcerated person of a detention facility or other
person.
Such records shall include the names of the persons 503
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 503
assigned to investigate the incident and submitted to the
facility manager or designee. The report is completed prior to the end of the
shift.
☒ ☐ ☐
BSCC staff reviewed 12 months of incident
reports as they related to incidents which
resulted in physical harm, or serious threat
of physical harm, to an employee or inmate.
Each report was complete.
1045 PUBLIC INFORMATION PLAN 624
Each facility administrator of a Type I, II, III or IV facility ☒ ☐ ☐ Public information is available on the
shall develop written policies and procedures for the department’s website or at the information
dissemination of information to the public, to other
counter in the lobby.
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government agencies, and to the news media. The public
and incarcerated persons shall have available for review
the following material:
(a) The Board of State and Community Corrections 624
Minimum Standards for Local Detention Facilities as ☒ ☐ ☐
found in Title 15 of the California Code of Regulations.
(b) Facility rules and procedures affecting incarcerated 231
people as specified in sections: ☒ ☐ ☐
(1) 1045, Public Information Plan
(2) 1061, Education Plan ☐ ☐ ☒
(3) 1062, Visiting ☒ ☐ ☐
(4) 1063, Correspondence ☒ ☐ ☐ 231
(5) 1064, Library Service ☐ ☐ ☒ 231 / 600
(6) 1065, Exercise and Out of Cell Time ☒ ☐ ☐ 231
(7) 1066, Books, Newspapers, Periodicals and 231
☒ ☐ ☐
Writings
(8) 1067, Access to Telephone ☒ ☐ ☐ 231 / 600
(9) 1068, Access to Courts and Counsel ☒ ☐ ☐ 231
(10) 1069, Orientation ☒ ☐ ☐ 231
(11) 1070, Individual/Family Service Programs ☒ ☐ ☐ 231
(12) 1071, Voting ☒ ☐ ☐ 231
(13) 1072, Religious Observance ☒ ☐ ☐ 715
(14) 1073, Grievance Procedure ☒ ☐ ☐ 601.4
(15) 1080, Rules and Disciplinary Actions ☒ ☐ ☐ 231 / 605
(16) 1081, Plan for Discipline of Incarcerated Discipline will not occur.
☐ ☐ ☒
Persons
(17) 1082, Forms of Discipline ☐ ☐ ☒
(18) 1083, Limitations on Discipline ☐ ☐ ☒
(19) 1200, Responsibility for Health Care Services ☐ ☐ ☒ 231
1046 DEATH IN CUSTODY 500
(a) Death in Custody Reviews for Adults and Minors. A review team comprised of the Chief of
The facility administrator, in cooperation with the health Police or designee, the health administrator,
administrator, shall develop written policy and the responsible physician, and other health
procedures to ensure that there is an initial review of care and supervision staff who were relevant
every in-custody death within 30 days. The review team ☒ ☐ ☐ to the incident shall conduct a review of the
at a minimum shall include the facility administrator or incident. This review shall occur within 30
designee, the health administrator, the responsible days of the incident and shall review the
physician and other health care and supervision staff who appropriateness of clinical care; whether
are relevant to the incident. changes to policies, procedures, or practices
are warranted; and identify issues that
require further study.
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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 502
In any case in which a minor dies while detained in a jail,
lockup, or court holding facility: Minors are held outside the facility in the
(1) The administrator of the facility shall provide to juvenile area.
☐ ☐ ☒
the Board a copy of the report submitted to the
Attorney General under Government Code Section
12525. A copy of the report shall be submitted within
10 calendar days after the death.
(2) Upon receipt of a report of death of a minor from
the administrator, the Board may within 30 calendar
days inspect and evaluate the jail, lockup, or court
holding facility pursuant to the provisions of this
subchapter. Any inquiry made by the Board shall be
limited to the standards and requirements set forth in
these regulations.
1050 CLASSIFICATION PLAN 240
(a) Each administrator of a temporary holding, Type I, II, Newly admitted inmates should be
or III facility shall develop and implement a written separated according to the facility’s
classification plan designed to properly assign classification plan.
incarcerated persons to housing units and activities
according to the categories of gender identity, age,
criminal sophistication, seriousness of crime charged,
physical or mental health needs, assaultive/non-
assaultive behavior, risk of being sexually abused, or
sexually harassed and other criteria which will provide for ☒ ☐ ☐
the safety of the incarcerated people and staff. Such
housing unit assignment shall be accomplished to the
extent possible within the limits of the available number
of distinct housing units or cells in a facility.
The written classification plan shall be based on objective
criteria and include receiving screening performed at the
time of intake by trained personnel, and a record of each
person's classification level, housing restrictions, and
housing assignments.
Each administrator of a Type II or III facility shall establish
and implement a classification system which will include
the use of classification officers or a classification
committee in order to properly assign incarcerated
persons to housing, work, rehabilitation programs, and
leisure activities. Such a plan shall include the use of as
much information as is available about and from the
incarcerated person and shall provide for a channel of ☐ ☐ ☒
appeal by the incarcerated person to the facility
administrator or designee. Each person may request a
review of their classification plan no more often than 30
days from their last review.
Note: Subsection (b) does not apply and has been
deleted.
(c) In deciding housing and programming assignments, 240
☒ ☐ ☐
the agency shall consider on a case-by-case basis
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whether a placement would ensure the health and safety Housing Assignments are listed on the
of the incarcerated person, and whether the placement “Custody Report” and “Classification Form.”
would present management or security problems. A
person’s own views with respect to their own safety shall Any arrestee identified as being at high risk
be given serious consideration. for sexual victimization shall be provided
with heightened protection. This may include
continuous, direct sight and sound
supervision, single-cell housing, or
placement in a cell that is actively monitored
on video by a member who is available to
immediately intervene.
BSCC staff reviewed eight months of inmate
classification and medical screening forms.
All forms were complete.
1051 COMMUNICABLE DISEASES 403
The facility administrator, in cooperation with the Newly detained prisoners with
responsible physician, shall develop written policies and ☒ ☐ ☐ communicable diseases will not be housed.
procedures specifying those symptoms that require
medical isolation of an incarcerated person until a
medical evaluation is completed.
At the time of intake into the facility, an inquiry shall be 403
made of the person being booked as to whether the
person has or has had any communicable diseases, such
as tuberculosis or has observable symptoms of
☐ ☐ ☒
tuberculosis or any other communicable diseases, or
other special medical problem identified by the health
authority. The response shall be noted on the medical
screening from.
1052 BEHAVIORAL CRISIS IDENTIFICATION 406
The facility administrator, in cooperation with the Mentally disordered inmates will not be
responsible physician, shall develop written policies and ☒ ☐ ☐ housed in the facility.
procedures to identify and evaluate all incarcerated
people who may be in behavioral crisis. Evaluation of
behavioral crisis may include telehealth.
If an evaluation from medical or mental health staff is not 406
readily available, an incarcerated person shall be
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
secured within 24 hours of identification or at the next ☐ ☐ ☒ 406
daily sick call, whichever is earliest.
Separation may be used if necessary, to protect the 406
☐ ☐ ☒
safety of the person in crisis or others.
1053 ADMINISTRATIVE SEPARATION 240.4
Except for Type IV facilities, facility administrators shall People determined to be an escape risk,
develop and implement policies and procedures for the ☒ ☐ ☐ assaultive, disruptive, or who require
administrative separation of incarcerated people. protection shall be transferred to the county
jail.
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Policies and procedures must include:
(a) Administrative separation may consist of separate
housing but shall not involve any other deprivation of
☐ ☐ ☒
privileges than is necessary to obtain the objective of
protecting the welfare of incarcerated people and facility
staff.
(b) Administrative separation must not adversely affect
☐ ☐ ☒
an incarcerated person’s health.
(c) Administrative separation may be used for
incarcerated people who have:
(1) A documented history of activity or behavior, or
promoting such activity or behavior, that is criminal in
nature, disruptive to facility operations, or affects the
safety of the facility, other incarcerated people, and
facility staff.
(2) Influenced or participated in activity that is
criminal in nature, disruptive to facility operations or
☐ ☐ ☒
affects the safety of the facility, other incarcerated
people, and facility staff.
(3) Committed assault, attempted assault, or
participated in a conspiracy to assault or harm other
incarcerated persons or facility staff.
(4) A history of escape or have recently attempted
escape.
(5) A demonstrated need for protection from other
incarcerated people.
(d) Documentation indicating the necessity of
administrative separation to obtain the objective of
☐ ☐ ☒
protecting the welfare of incarcerated people and facility
staff.
(e) A documented individualized ongoing review and
evaluation of the need to continue placement in ☐ ☐ ☒
administrative separation.
1055 USE OF SAFETY CELL 240.4
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 241
responsible physician, shall develop written policies and
procedures governing safety cell use and may delegate The Watch Commander of the Newport
authority to place an incarcerated person in a safety cell Beach Police Department must authorize the
to a physician. Policies and procedures shall include, but ☒ ☐ ☐ use of the Safety Cell. Placement is for
not be limited to: mentally disordered prisoners whose
behavior results in the destruction of
property or reveals intent to cause physical
harm to himself/herself or to others.
(a) In no case shall the safety cell be used for punishment 241
or as a substitute for treatment.
☒ ☐ ☐
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 ☒ ☐ ☐ 241
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approval of the facility manager or designee, or
responsible health care staff; continued retention shall be
reviewed a minimum of every four hours.
(c) A medical assessment shall be completed as soon as 241
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 241
care staff shall obtain a mental health
opinion/consultation with responsible health care staff on Custody Officers must remain alert to
placement and retention, which shall be secured as soon indications of respiratory distress,
as possible, but not more than 12 hours from placement. unconsciousness, or visible physical injury
☒ ☐ ☐
that would dictate immediate medical
assistance. In such instances, the Newport
Beach Fire Department Paramedics should
be summoned for assistance and the Watch
Commander notified of the situation.
(e) Direct visual observation shall be conducted at least 241
twice every 30 minutes, with no more than a 15-minute
lapse between safety checks. Such observation shall be Custody Officers on duty will make direct
documented. visual checks at least twice every thirty (30)
☒ ☐ ☐
minutes and document these checks on the
"Safety Cell Log," noting behavior in the
indicated block of the form.
(f) Procedures shall be established to assure 241
administration of necessary nutrition and fluids.
Water may be provided to the person in the
☒ ☐ ☐
Safety Cell, but only in Styrofoam/paper
cups, never in a container that can be used
to inflict injury.
(g) People placed in the safety cell shall be allowed to 241
retain sufficient clothing or be provided with a suitably
designed “safety garment,” to provide for their personal Inmates shall be allowed to retain sufficient
privacy unless specific identifiable risks to the person's clothing or be provided with a suitably
safety or to the security of the facility are documented. ☒ ☐ ☐ designed "safety garment" (paper clothes) 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 242
The sobering cell described in Title 24, Part 2, Section If a prisoner is intoxicated (under the
☒ ☐ ☐
1231.2.4, shall be used for temporary holding of influence of alcohol or other drugs) and is to
incarcerated people who are a threat to their own safety sober up while in custody, the prisoner shall
or the safety of others due to their state of intoxication. be placed in the Sobering Cell.
A person shall be removed from the sobering cell as soon 242
as they are able to continue the admission process or are
no longer a risk to themselves or others. Upon regaining sobriety, prisoners should be
☒ ☐ ☐
moved to the regular housing area as soon
as practical.
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In no case shall a person remain in a sobering cell over 242
six hours without an evaluation by medical or custody
staff to determine whether the person has an urgent In no case will a prisoner be housed in the
medical problem, pursuant to section 1213 of these Sobering Cell over six (6) hours without an
☒ ☐ ☐
regulations. evaluation by the Watch Commander,
Custody Officer, or a medical doctor to
determine whether the prisoner has an
urgent medical problem.
At 12 hours from the time of placement, all persons must 242
☒ ☐ ☐
receive an evaluation by responsible health care staff.
Intermittent direct visual observation of people held in the 242
sobering cell shall be conducted no less than every half
hour. Such observation shall be documented. All prisoners housed in the Sobering Cells
should have an "Inmate Detoxification Form"
completed. This form shall be kept with the
booking sheet and will be used to document
☒ ☐ ☐ visual checks performed on the prisoners at
least every thirty (30) minutes.
BSCC staff reviewed 12 months of inmate’s
placements in restraints. All observation
logs were inside the required regulation
standard time limit.
1057 DEVELOPMENTAL DISABILITIES 404
The facility administrator, in cooperation with the Policy exists but such persons will not be
responsible physician, shall develop written policies and held in this facility.
☒ ☐ ☐
procedures for the identification and evaluation,
appropriate classification and housing, protection, and
nondiscrimination of all incarcerated persons with
developmental disabilities.
The health authority or designee shall contact the 404
regional center for any incarcerated person suspected or
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 243
The facility administrator, in cooperation with the Policy exists, but restraint devices for this
responsible physician, shall develop and implement purpose are not used at this facility.
written policies and procedures for the use of restraint
devices. Restraint devices include any devices which
immobilize extremities or prevent the incarcerated ☒ ☐ ☐
person from being ambulatory. The provisions of this
section do not apply to the use of handcuffs, shackles, or
other restraint devices when used to restrain
incarcerated people for security reasons. The facility
manager may delegate authority to place an incarcerated
person in restraints to responsible health care staff.
(a) The policy shall address the following areas:
☐ ☐ ☒
(1) acceptable restraint devices;
(2) signs or symptoms which should result in
immediate medical/mental health referral; availability ☐ ☐ ☒
of cardiopulmonary resuscitation equipment;
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(3) protective housing of restrained persons; ☐ ☐ ☒
(4) provision for hydration and sanitation needs; and, ☐ ☐ ☒
(5) exercising of extremities. ☐ ☐ ☒
(b) Policy shall also include, but not be limited to, the
following requirements:
☐ ☐ ☒
(1) In no case shall restraints be used for punishment
or as a substitute for treatment.
(2) Restraint devices shall only be used on
incarcerated people who display behavior which
☐ ☐ ☒
results in the destruction of property or reveal an
intent to cause physical harm to self or others.
(3) Restraint devices should be used only when less
restrictive alternatives, including verbal de-escalation
☐ ☐ ☒
techniques, have been attempted and are deemed
ineffective.
(4) An incarcerated person shall be placed in
restraints only with the approval of the facility
manager, the facility watch commander, or ☐ ☐ ☒
responsible health care staff; continued retention
shall be reviewed a minimum of every hour.
(5) Continuous direct visual observation shall be
☐ ☐ ☒
maintained until a medical opinion can be obtained.
(6) A medical opinion on placement and retention
shall be secured within one hour from the time of ☐ ☐ ☒
placement.
(7) A medical assessment shall be completed within
☐ ☐ ☒
four hours of placement.
(8) Continuous direct visual observation shall be
conducted at least twice every 30 minutes to ensure
that the restraints are properly employed, and to
ensure the safety and well-being of the incarcerated
person. Such observation shall be documented. ☐ ☐ ☒
While in restraint devices all incarcerated persons
shall be housed alone or in a specified housing area
which makes provisions to protect the person from
abuse.
(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
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placement; person authorizing placement; names of
staff involved in the placement; injuries sustained;
and the duration of placement.
1058.5 RESTRAINTS AND PREGNANT PERSONS Known pregnant people will not be
restrained. They will be transported to the
The facility administrator, in cooperation with the county jail after booking.
responsible physician, shall develop written policies and
☐ ☐ ☒
procedures for the use of restraint devices on pregnant
people.
In accordance with Penal Code Section 3407, the policy
shall include reference to the following:
(1) An incarcerated person known to be pregnant or
in recovery after delivery or termination of the
☐ ☐ ☒
pregnancy shall not be restrained by the use of leg or
waist restraints, or handcuffs behind the body.
(2) An incarcerated pregnant person in labor, during
delivery, or in recovery after delivery or termination
of the pregnancy, shall not be restrained by the
☐ ☐ ☒
wrists, ankles, or both, unless deemed necessary for
the safety and security of the incarcerated person,
the staff, or the public.
(3) Restraints shall be removed when a professional
who is currently responsible for the medical care of
an incarcerated pregnant person during a medical
☐ ☐ ☒
emergency, labor, delivery, or recovery after delivery
or termination of the pregnancy determines that the
removal of restraints is medically necessary.
(4) Upon confirmation of an incarcerated person’s
pregnancy, they shall be advised, orally or in writing,
☐ ☐ ☒
of the standards and policies governing incarcerated
pregnant people.
1059 DNA COLLECTION, USE OF FORCE 260
(a) Pursuant to Penal Code Section 298.1, authorized Policy exists but force is not used at this
law enforcement, custodial, or corrections personnel facility. Inmates who refuse DNA are
including peace officers, may employ reasonable force to charged with Penal Code 296 and
☒ ☐ ☐
collect blood specimens, saliva samples, or thumb or
transported to the Orange County Jail.
palm print impressions from individuals who are required
to provide such samples, specimens or impressions
pursuant to Penal Code Section 296 and who refuse
following written or oral request.
(1) For the purpose of this regulation, the “use of 260
reasonable force” shall be defined as the force that
an objective, trained and competent correctional
☐ ☐ ☒
employee, faced with similar facts and
circumstances, would consider necessary and
reasonable to gain compliance with this regulation.
(2) The use of reasonable force shall be preceded by 260
efforts to secure voluntary compliance. Efforts to
secure voluntary compliance shall be documented
☐ ☐ ☒
and include an advisement of the legal obligation to
provide the requisite specimen, sample or
impression and the consequences of refusal.
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(b) The force shall not be used without the prior written 260
authorization of the facility watch commander or
designee on duty. The authorization shall include
☐ ☐ ☒
information that reflects the fact that the offender was
asked to provide the requisite specimen, sample, or
impression and refused.
(c) If the use of reasonable force includes a cell 260
extraction, the extraction shall be videotaped, including
audio. Video shall be directed at the cell extraction event.
The videotape shall be retained by the agency for the ☐ ☐ ☒
length of time required by statute. Notwithstanding the
use of the video as evidence in a criminal proceeding, the
tape shall be retained administratively.
1062 VISITING 247
The facility administrator shall develop and implement ☒ ☐ ☐
written policies and procedures, which include the
following requirements:
(a) A visiting program which shall provide for: 247
(1) As many in-person visits and visitors as facility
☒ ☐ ☐
schedules, space, and number of personnel will
allow.
(2) A publicly posted schedule of facility visiting 247
hours. If practicable, visiting hours should be made ☒ ☐ ☐
available on weekends, evenings, or holidays.
(3) For sentenced incarcerated persons in Type I 247
facilities there shall be allowed no fewer than two
☒ ☐ ☐
visits totaling at least one hour per incarcerated
person each week.
(4) In Type I facilities, the facility administrator shall 247
develop and implement written policies and
procedures to allow visiting for non-sentenced
detainees. The policies and procedures will include a ☒ ☐ ☐
schedule to assure that non-sentenced detainees will
be afforded a visit no later than the calendar day
following arrest.
(b) Visits may not be cancelled unless a legitimate 247
operational or safety and security concern exists. All
cancelled visits must be documented. The facility ☒ ☐ ☐
manager or designee shall regularly review cancelled
visits and document such review.
(c) The visiting policies developed pursuant to this 247
section shall include provision for visitation by minor ☒ ☐ ☐
children of the incarcerated person.
(d) Video visitation may be used to supplement existing
visitation programs, but shall not be used to fulfill the
☐ ☐ ☒
requirements of this section if in-person visitation is
requested by an incarcerated person.
(e) Facilities shall not charge for visitation when visitors
are onsite and participating in either in-person or video
visitation. For purposes of this subsection, “onsite” is ☐ ☐ ☒
defined as the location where the incarcerated person is
housed.
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(f) Subdivision (d) shall not apply to facilities which (1)
exclusively used video visitation prior to January 1, 2017
or (2) had been designed without in-person visitation ☐ ☐ ☒
space and conditionally awarded by the Board prior to
June 27, 2017.
(g) If a local detention facility offered video visitation only
as of January 1, 2017, the first hour of remote video ☐ ☐ ☒
visitation per week shall be offered free of charge.
Types and availability of visitation, including:
Note: Reference PC § 6031.1(a)(4) (June 2017).
Mode of visitation; On-site barrier.
Visitation hours; Saturday and Sunday 1300-1500 hours.
Time inmates are allowed for visitation; and, Two visits, totaling at least one hour.
Any restrictions on inmate visitation. No persons under eighteen years old, unless
in the company of a parent, guardian, or
spouse.
1063 CORRESPONDENCE 608
The facility administrator shall develop written policies People may, at their own expense, send and
and procedures for correspondence which provide that: receive mail without restrictions on quantity,
☒ ☐ ☐
(a) there is no limitation on the volume of mail that an provided it does not jeopardize the safety of
incarcerated person may send or receive; members, visitors, or other inmates, or pose
an unreasonable disruption to the orderly
operation of the Jail.
(b) an incarcerated person’s correspondence may be 608
read when there is a valid security reason and the facility ☒ ☐ ☐
manager or designee approves;
(c) jail staff shall not review an incarcerated person’s 608
correspondence to or from state and federal courts, any
member of the State Bar or holder of public office, and
the State Board of State and Community Corrections; ☒ ☐ ☐
however, jail authorities may open and inspect such mail
only to search for contraband, cash, checks, or money
orders and in the presence of the incarcerated person;
(d) incarcerated persons may correspond, confidentially, 608
with the facility manager or the facility administrator; and,
People may correspond confidentially with
☒ ☐ ☐ courts, any member of the bar, officials of
this department, elected officials, jail
inspectors, government officials, or officers
of the court.
(e) those incarcerated persons who are without funds 608
shall be permitted at least four postage paid envelopes
and eight sheets of paper each week to permit Indigent people shall receive an amount of
correspondence with family members and friends but ☒ ☐ ☐ pre-stamped envelopes and writing paper
without limitation on the number of postage paid sufficient to maintain communication with
envelopes and sheets of paper to their attorney and to courts and the legal counsel department.
the courts.
1065 EXERCISE AND OUT OF CELL TIME 600
☒ ☐ ☐
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(b) The facility administrator of a Type I facility shall make Books and playing cards, as well as a daily
table games, television, or both, available to incarcerated newspaper, are available for prisoner
people. recreation.
1066 BOOKS, NEWSPAPERS, PERIODICALS, AND 600
WRITINGS
Televisions, newspapers, table games, and
(b) The facility administrator of a Type I facility shall other items may also be made available to
☒ ☐ ☐
develop and implement a written plan to make available enhance recreation time.
a current newspaper or other like source, including a non-
English language alternative, to ensure reasonable
access to interested people.
1067 ACCESS TO TELEPHONE 600
The facility administrator shall develop written policies People housed at the facility are permitted
and procedures which allow access to a telephone or reasonable access to public telephones at
communication device beyond those telephone calls scheduled times for collect calls unless such
which are required by Section 851.5 of the Penal Code. access may cause an unsafe situation for
Individuals who are known to have, or are perceived by the facility, staff, or other inmates.
others as having hearing or speech impairments shall be ☒ ☐ ☐
provided access to the appropriate telecommunication
device which will facilitate communication. Such devices
may include but are not limited to videophones,
teletypewriters, or third-party communications
assistance. An individual’s access to telephone
communications shall not be withdrawn unless doing so
is required to uphold the safety and security of the facility.
1068 ACCESS TO COURTS AND COUNSEL
The facility administrator shall develop written policies
☒ ☐ ☐ 600
and procedures to ensure incarcerated persons have
access to the court and to legal counsel.
Such access shall consist of:
(a) unlimited mail as provided in Section 1063 of these 600
☒ ☐ ☐
regulations, and,
(b) confidential consultation with attorneys. ☒ ☐ ☐ 600
1069 ORIENTATION 625 / 231.1
(b) In Type I facilities, the facility administrator shall Orientation information is placed on the back
develop written policies and procedures for a program of their booking form.
☒ ☐ ☐
reasonably understandable to non-sentenced detainees
to orient them at the time of placement in a living area.
Such a program shall be published and include, but not
be limited to, the following:
(1) rules and disciplinary procedures; ☒ ☐ ☐
(2) visiting rules; ☒ ☐ ☐
(3) availability of personal care items, opportunities
☒ ☐ ☐
for personal hygiene;
(4) availability of reading and recreational materials;
☒ ☐ ☐
and,
(5) medical/mental health procedures. ☒ ☐ ☐
1071 VOTING ☒ ☐ ☐ 715
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The facility administrator of a Type I (holding sentenced
incarcerated workers) II, III or IV facility shall develop
written policies and procedures whereby the county
registrar of voters allows qualified voters to vote in local,
state, and federal elections, pursuant to election codes.
1072 RELIGIOUS OBSERVANCES 601.4
The facility administrator of a Type I, II, III or IV facility
shall develop written policies and procedures to provide ☒ ☐ ☐
opportunities for incarcerated persons to participate in
religious services, practices and counseling on a
voluntary basis.
1073 GRIEVANCE PROCEDURE 231 / 605
Note: Applicable to Type I facilities holding sentenced
Any person may file a grievance relating to
workers.
conditions of confinement.
(a) Each administrator of a Type II, III, or IV facility and
Type I facilities which hold incarcerated workers shall
develop written policies and procedures whereby all ☒ ☐ ☐
incarcerated persons have the opportunity and ability to
submit and appeal grievances relating to any conditions
of confinement, included but not limited to: medical care;
classification actions; disciplinary actions; program
participation; telephone, mail, and visiting procedures;
and food, clothing, and bedding.
Such policies and procedures shall include:
(1) a grievance form; ☒ ☐ ☐
(2) instructions for registering and appealing a
☒ ☐ ☐
grievance, including relevant deadlines;
(3) a process for submission and handling of
☒ ☐ ☐
anonymous grievances;
(4) resolution of the grievance at the lowest
☒ ☐ ☐
appropriate staff level;
(5) appeal to the next level of review; ☒ ☐ ☐
(6) written reasons for denial of grievance at each
☒ ☐ ☐
level of review which acts on the grievance;
(7) provision for a non-automated initial response
within a reasonable time limit which shall not exceed ☒ ☐ ☐
a period of 15 calendar days;
(8) provision for resolving questions of jurisdiction
☒ ☐ ☐
within the facility;
(9) provision for providing a copy of the grievance,
appeal, response, and related documents to the ☐ ☐ ☐
incarcerated person; and,
(10) The facility manager or designee shall conduct
regular review of grievances, responses, and ☒ ☐ ☐
appeals.
(b) Grievance System Abuse: ☒ ☐ ☐
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The facility may establish written policy and procedure to
control the submission of an excessive number of
grievances.
1080 RULES AND DISCIPLINARY ACTIONS 606
Wherever discipline is administered, each facility Discipline is not administered at this facility.
administrator shall establish written rules and disciplinary
actions to guide the conduct of incarcerated persons. ☐ ☐ ☒
Notes: If discipline IS NOT administered, written policy
should indicate as such. If discipline IS administered,
Sections 1080, 1081, 1082, 1083 and 1084 apply.
Such rules and disciplinary actions shall be stated simply
and affirmatively and posted conspicuously in housing
☐ ☐ ☒
units and the booking area or issued to each person upon
booking.
For those individuals with limited literacy, who are unable
to read English, and for persons with disabilities,
provision shall be made for the jail staff to instruct them
☐ ☐ ☒
verbally or provide them with material in an
understandable form regarding jail rules and disciplinary
procedures and actions.
1081 PLAN FOR DISCIPLINE OF INCARCERATED 606
PERSONS
Discipline is not administered 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.
(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
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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.
(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 606
The degree of actions taken by the disciplinary officer Discipline is not administered at this facility.
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.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
(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 606
The Penal Code and the State Constitution expressly Discipline is not administered at this facility.
prohibit all cruel and unusual punishment. Disciplinary
actions shall not include corporal punishment, group
punishment when feasible, or physical or psychological
degradation. ☐ ☐ ☒
Additionally, there shall be the following limitations:
(a) Disciplinary separation shall be considered an option
of last resort and as a response to the most serious and
threatening behavior, for the shortest time possible, and
with the least restrictive conditions possible.
(1) If a person is on disciplinary separation status for
30 consecutive days there shall be a review by the
facility manager before the disciplinary separation
status is continued. This review shall include a
☐ ☐ ☒
consultation with health care staff. Such reviews shall
continue at least every fifteen days thereafter until
the disciplinary status has ended. This review shall
be documented.
(2) The disciplinary separation cells or cell shall have
the minimum furnishings and space specified in Title
24, Part 2, 1231.2.6 and 2.7. Occupants shall be
issued clothing and bedding as specified in Articles
13 and 14 of these regulations and shall not be
deprived of them through any portion of the day
☐ ☐ ☒
except that those incarcerated persons who engage
in the destruction of bedding or clothing may be
deprived of such articles. The decision to deprive a
person of such articles of clothing and bedding shall
be reviewed by the facility manager or designee
during each 24-hour period.
(3) If after placement in separation, mental health or
medical staff determine that an individual has serious
mental illness or an intellectual disability, they shall ☐ ☐ ☒
be removed from disciplinary separation immediately
upon this determination.
(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 ☐ ☐ ☒
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
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 606
Penal Code Section 4019.5 requires that a record is kept Discipline is not administered at this facility.
☐ ☐ ☒
of all disciplinary actions administered therefore. This
requirement may be satisfied by retaining copies of rule
violation reports and report of the disposition of each.
1206.5 MANAGEMENT OF COMMUNICABLE People with communicable diseases will not
DISEASES IN A CUSTODY SETTING be housed in the facility.
(a) The responsible physician, in conjunction with the
facility administrator and the county health officer, shall
develop a written plan to address the identification,
treatment, control and follow-up management of
tuberculosis and other communicable diseases. The plan
☐ ☐ ☒
shall cover the intake screening procedures,
identification of relevant symptoms, referral for a medical
evaluation, treatment responsibilities during
incarceration and coordination with public health officials
for follow-up treatment in the community. The plan shall
reflect the current local incidence of communicable
diseases which threaten the health of incarcerated
people and staff.
(b) Consistent with the above plan, the health authority
shall, in cooperation with the facility administrator and the
county health officer, set forth in writing, policies and ☐ ☐ ☒
procedures in conformance with applicable state and
federal law, which include, but are not limited to:
(1) The types of communicable diseases to be
☐ ☐ ☒
reported;
(2) The persons who shall receive the medical
☐ ☐ ☒
reports;
(3) Sharing of medical information with incarcerated
☐ ☐ ☒
persons and custody staff.
(4) Medical procedures required to identify the
presence of disease(s) and lessen the risk of ☐ ☐ ☒
exposure to others;
(5) Medical confidentiality requirements; ☐ ☐ ☒
(6) Housing considerations based up on behavior
☐ ☐ ☒
medical needs and safety of the affected
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
incarcerated persons;
(7) Provisions for consent by an incarcerated person
☐ ☐ ☒
that address the limits of confidentiality; and,
(8) Reporting and appropriate action upon the
possible exposure of custody staff to a ☐ ☐ ☒
communicable disease.
1211 SICK CALL
The facility administrator, in cooperation with the health
authority, shall develop written policies and procedures,
☐ ☐ ☒
which provide daily sick call for all incarcerated persons
or provision made that any incarcerated person
requesting medical/mental health attention be given such
attention.
1260 STANDARD INSTITUTIONAL CLOTHING 708.2 EXCHAGING JAIL-ISSUE
CLOTHING.
The standard issue of climatically suitable clothing to
incarcerated people held after arraignment in all but Outer garments, except footwear, issued to
Court Holding, Temporary Holding, and Type IV facilities inmate workers should be exchanged for
shall include, but not be limited to: ☒ ☐ ☐ clean, laundered outer garments at least
(a) Clean socks and footwear; once each week unless work, climate
conditions, or illness necessitates more
frequent exchange. Undergarments and
socks shall be exchanged for clean,
laundered garments at least twice weekly.
(b) Clean outergarments; and, ☒ ☐ ☐
(c) Clean undergarments; ☒ ☐ ☐
(1) For males – shorts and undershirt, and ☒ ☐ ☐
(2) For females – bra and two pairs of panties. ☒ ☐ ☐
The person’s personal undergarments and footwear may
be substituted for the institutional undergarments and
footwear specified in this regulation. This option ☒ ☐ ☐
notwithstanding, the facility has the primary responsibility
to provide the personal undergarments and footwear.
All issued and exchanged clothing shall be clean and free
of holes or tears, reasonably fitted, durable, easily
laundered and repaired. Undergarments shall be clean,
free of holes or tears, and substantially free of stains. ☒ ☐ ☐
Individuals shall be able to select the garment type more
compatible with their gender identity and gender
expression.
1264 CONTROL OF VERMIN IN PERSONAL
CLOTHING
There shall be written policies and procedures developed
by the facility administrator to control contamination ☒ ☐ ☐
and/or spread of vermin in all incarcerated people’s
personal clothing. Infested clothing shall be cleaned,
disinfected, or stored in a closed container so as to
eradicate or stop the spread of vermin.
1265 ISSUE OF PERSONAL CARE ITEMS ☒ ☐ ☐ 708.4 ISSUANCE OF PERSONAL CARE
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
ITEMS TO INMATE WORKERS.
There shall be written policies and procedures developed
by the facility administrator for the issue of personal Inmate workers held over twenty-four (24)
hygiene items. Each menstruating person shall be hours who are unable to supply themselves
provided with sanitary napkins, panty liners, and tampons with personal care items, either because of
as requested with no maximum allowance. Each person indigence or absence of an opportunity to
to be held over 24 hours who is unable to supply themself purchase such items prior to confinement.
with the following personal care items, because of either
indigency or the absence of a canteen, shall be issued:
(a) Toothbrush, ☒ ☐ ☐
(b) Dentifrice, ☒ ☐ ☐
(c) Soap,
☒ ☐ ☐
(d) Comb, and ☒ ☐ ☐
(e) Shaving implements. ☒ ☐ ☐
Personal care items shall be issued within the first 12
hours of housing assignment. Incarcerated persons shall
☒ ☐ ☐
not be required to share any personal care items listed in
items “a” through “d.”
Incarcerated people will not share disposable razors.
Double edged safety razors, electric razors, and other
shaving instruments capable of breaking the skin, when
shared among incarcerated people, must be disinfected
☒ ☐ ☐
between individual uses by the method prescribed by the
State Board of Barbering and Cosmetology in Sections
979 and 980, Division 9, Title 16, California Code of
Regulations.
1266 SHOWERING 708.5 INMATE WORKERS -
SHOWERING.
There shall be written policies and procedures developed
by the facility administrator for showering/bathing. Each inmate worker should be given the
Incarcerated persons shall be permitted to shower/bathe opportunity to shower upon assignment to a
☒ ☐ ☐
upon assignment to a housing unit and at least every housing unit and at least every other day
other day or more often if possible. thereafter or more often if possible. Inmate
workers on work assignment and those
scheduled for court appearance shall be
given an opportunity to shower daily.
Absent exigent circumstances, no person shall be
prohibited from showering at least every other day
following assignment to a housing unit. If showering is
☒ ☐ ☐
prohibited, it must be approved by the facility manager or
designee, and the reason(s) for prohibition shall be
documented.
1270 STANDARD BEDDING AND LINEN ISSUE 709.1 ISSUANCE OF BEDDING AND
LINENS TO INMATE WORKERS.
The standard issue of clean suitable bedding and linens,
for each incarcerated person entering a living area who A standard issue of bedding and linens,
is expected to remain overnight, shall include, but not be ☒ ☐ ☐ freshly laundered and sanitized, should be
limited to: issued to each inmate worker at booking. A
(a) one serviceable mattress which meets the standard issue of bedding and linens shall
requirements of Section 1272 of these regulations; include, but not be limited to the following:
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
• One clean, serviceable mattress.
• One clean sheet or clean mattress cover.
• One blanket or more depending on
climatic conditions.
709.2 EXCHANGING JAIL-ISSUED
BEDDING AND LINENS.
Washable items such as sheets, mattress
covers, and towels should be exchanged for
clean replacements at least once each
week. Blankets should be laundered or dry
cleaned at least every month, or more often
if necessary.
(b) one mattress cover or one sheet; ☒ ☐ ☐
(c) one towel; and, ☒ ☐ ☐
(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.
1280 FACILITY SANITATION, SAFETY, AND Newport Beach public works and custody
MAINTENANCE staff are responsible for the cleaning and
sanitation of the 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.
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DETENTION OF MINORS
YES NO P/P REFERENCE – COMMENTS
Are minors held in this facility? Minors may be securely or non-securely detained in
two lockable holding rooms, which are outside the
The Juvenile Justice and Delinquency Prevention Act jail facility.
(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?
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.
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BOARD OF STATE AND COMMUNITY CORRECTIONS- BIENNIAL INSPECTION
ADULT DETENTION FACILITY
LIVING AREA SPACE EVALUATION
BSCC Code: 3720
FACILITY: Newport Beach PD City Jail TYPE: IJ RC: 27
FIELD REPRESENTATIVE: Michael J. Bush DATE: 08/16/2023
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 - 2 - - - 4.5’ x 9.0’ - - - - -
Enclosure
Notes: Narrow fenced spaces next to the booking office; no seating.
1 – 3 Holding 1963 3 - (2) (8) 4.3’ x 7.3’ - - - - -
Notes: 4’ bench in each cell; #3 used for storage this inspection cycle. RC recalculated this cycle and seating was
determined to limit capacity to 2 versus 3 per cell. RC changed during the 2000-2002 cycle inspection.
Sobering 1963 1 - (11) (11) 10’ x 17.6’ 1 1 1 1 -
Notes: Used as male detox/sobering cell; audio monitor always on in cell; contains urinal trough (4’); padded floor and
padded partitions (x2); combo unit w/ fountain; video monitor in cell. Viewports are small.
Safety 1963 2 - (1) (1) 5.8’ x 7.5’ x 10’ * - - - -
Notes: One safety cell has a flush-mounted toilet, one does not; variance granted for one hour use of cell w/o toilet; video
and audio monitoring in both; previously both cells did not have toilets, but one was remodeled in 1997 and the toilet was
added. The department is contemplating a remodel of the safety cell without toilet facilities to add a flush-mounted unit.
View panels are small and high.
Male Housing
A – C Multiple 1963 3 7 7 21 18’ x 19’ x 10’ 1 - 1 1 *
Notes: Units consist of two cells each, linear style; with a central dayroom; picnic-style bench in the dayroom, and shower;
one cell has 1 single bunk and 1 double bunk; the other cell has two double bunks. Cell dimensions approx. 8.7’ x 9.9’ x 10’.
Cells have barred fronts, knock-out holes in bunks, and vents with large openings. Phone in dayrooms.
Trusty Multiple 1963 2 2 2 4+ 7.6’ x 10’ 1 - 1 1 *
Notes: Total area = 20 x 14.8; shared dayroom space has a shower, weight equipment, TV, and games.
Female housing
Sobering 1963 1 - 3 (3) 5.4’ x 8.8’ x 8.7’ 1 - 1 1 -
Notes: The cell has a combo unit and can be monitored auditorily. The door viewport is small, and there is a second
observation window in the wall. The department contemplating converting another space into a second female
detoxification/sobering cell or expanding this cell.
Double 1991 1 2 2 2 8.9’ x 9.5’ x 9.8’ 1 - 1 1 1
Notes: Phone in the cell; pan beds with knock-out holes and modest screen mounted on post; intercom (ceiling mounted) –
“open mic” style. The viewport is small and high.
*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.
3720 Orange Newport Beach PD City Jail IJ LASE 23-24 - 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: PRE-73; 4/73
Title 24, California Code of Regulations (CCR)
BSCC Code: 3720
FACILITY NAME: Newport Beach PD City Jail FACILITY TYPE: I
APPLICABLE REGULATIONS (Check All That Apply): PRE-73: X Post 4/73: OTHER: 1991
FIELD REPRESENTATIVE: Michael Bush DATE: 08/16/2023
ARTICLE/SECTION YES NO N/A COMMENTS
Holding Cells (2.2)
X
Contain 10 square feet of floor per inmate
Capacity not to exceed ten (10) persons
X
4-73: Capacity limitation deleted
Sufficient fixed benches to accommodate cell capacity X
Toilet accessible X
Water fountain accessible X
Wash basin accessible
X
3.12 Weapons Locker (3.12)
External to the security area and equipped with X
individual compartments, locks and keys
Sobering Cells (2.4)
X
Limited to no more than 15 inmates
4-73: Capacity limited to 16 inmates
Contain 15 square feet of floor per inmate X
Contain toilet A larger sobering cell contains both a combo
4-73: 1:8 ratio X unit and a 4’ urinal trough; a smaller cell has a
combo unit only.
Contain washbasin
X
4-73: 1:8 ratio
Contain drinking fountain X
Adequate visual observation The door view panel is small. Both sobering
X
cells have supplemental panels in the wall.
Padding recommended Padded floors in both.
4-73: Padding required X
Shower-Delousing Room (3.4)
Available in booking/reception
X
3720 Orange Newport Beach PD City Jail IJ PHY 23-24 - 1 - A380 PHY Type P73&4-73.dot (9/98)
ARTICLE/SECTION YES NO N/A COMMENTS
Secure Vault or Storage Space (2.1)
X
Available for inmate valuables
Telephone (2.1)
X
Available for inmate use per Penal Code § 851.5
Single Occupancy Cells (2.6) No cells of this type are in the facility. The
X remainder of the regulation was deleted from
this checklist.
Maximum capacity of one inmate.
Multiple Occupancy Cells (8227) Female housing cell (double occupancy) falls
under 1991 standards and meets physical
X plant standards. Other cells A-C and inmate
A capacity of more than 2 persons
worker housing call under 1963 multiple
4-73: Capacity between 4-16 inmates
occupancy cell requirements.
A minimum of 500 cubic feet of air space per inmate
4-73: Minimum of 25 square feet floor space per X
inmate
Toilet and washbasin
X
4-73: 1:8 ratio
Drinking fountain X
Contain a bunk capable of accommodating a standard Variance granted 10-06-75.
30" X 76" mattress X
Safety Cells (2.5)
X
Designed to house one person
A minimum width of 6 feet, length of 7.5 feet and
height of 8 feet X
4-73: Minimum 6 foot width; length and height of 8 feet
Equipped with flush ring toilet (flush with floor) One cell with a toilet and one without. The
X cell without toilet facilities was granted a
variance for 1-hour placements (9-12-78).
Equipped with solid security door and view panel X View panels are small and high.
Padded floor, door and walls X
4-73: Illumination provided by variable intensity light
X
fixture operable from outside the cell.
Dormitory (2.8) No cells of this type are in the facility. The
remainder of the regulation was deleted from
X this checklist.
Capacity of 4-50 inmates
4-73: Capacity limitation deleted
Showers (3.4)
X
4-73: Available at 1:16 ratio
Lighting (3.6)
X
4-73: Sufficient to permit easy reading
3720 Orange Newport Beach PD City Jail IJ PHY 23-24 - 2 - A380 PHY Type P73&4-73.dot (9/98)
ARTICLE/SECTION YES NO N/A COMMENTS
4-73: Night lighting is sufficient to allow good
supervision X
Comfortable Living Environment (102(c)6
4-73: A comfortable living environment is maintained
X
through an adequate heating and cooling
system
Dayrooms (2.9)
Available for inmates in single cells, multiple cells and
dormitories
X
4-73: 25 square feet dayroom space per inmate in
Type II and III facilities and inmate workers in
Type I
Exercise Area (2.10) Type I facility.
Available in Type II and III facilities X
4-73: Minimum of 30 feet X 50 feet X 15 feet
Program Space -Type II and III (2.11) Type I facility.
Available in Type II and III facilities
X
4-73: Sufficient area and furnishing s to meet needs
Dining Facilities (2.17) Inmates eat in cells; dayrooms.
15 square feet per person served (in facilities for 100
persons or more) X
4-73: Toilets, washbasins and showers are not in the
same room or not in view of inmates dining
Visiting (2.18)
X
Visiting area
4-73: Contact visits are permitted in minimum security
X
facilities
Attorney Interview Space (2.26)
X
Provide for confidential attorney consultation
Janitor Closet (2.20)
Located in security areas, lockable, containing a mop X
sink
3720 Orange Newport Beach PD City Jail IJ PHY 23-24 - 3 - A380 PHY Type P73&4-73.dot (9/98)
ARTICLE/SECTION YES NO N/A COMMENTS
Storage Space (2.21)
X
Adequate space available
Audio or Video Monitoring System (2.22) Video in corridors, male sobering, and both
safety cells (not in female sobering). Audio in
Located in all inmate housing units and capable of X all cells. Monitored from the Jail control and
watch commander offices, audio systems are
alerting staff in a central control
“open mic” style.
Fire Alarm System [102(2)6]
Recommended in Pre-73 facilities X
4-73: Automatic fire alarm system is required
Emergency Power (2.24)
Recommended in Pre-73 facilities
X
4-73: Required; to provide minimal lighting,
communication s and alarm systems
3720 Orange Newport Beach PD City Jail IJ PHY 23-24 - 4 - A380 PHY Type P73&4-73.dot (9/98)