Orange Tustin PD (2023-2024 inspection cycle)

October 31, 2023 Stu Greenberg, Chief of Police Tustin Police Department 300 Centennial Way Tustin, CA 92780 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, TUSTIN POLICE DEPARTMENT DETENTION FACILITY Dear Chief Greenberg: The 2023-2024 Comprehensive Inspection of the Tustin City Police Department has been completed. The inspection was conducted on Thursday, August 17, 2023 FACILITY NAME BSCC # FACILITY TYPE Tustin PD 3728 THJ This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, Board of State and Community Corrections (BSCC) staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). In addition to 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. An Exit Briefing with your staff was held on Thursday, August 17, 2023; Stu Greenburg Chief of Police Page 2 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 BUSH Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Orange County Superior Court* Chair, Grand Jury, Orange County* Chair, Board of Supervisors, Orange County* County Administrator, Orange County* Christopher Grover, Tustin Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 3728 Orange Tustin PD THJ LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3728 FACILITY NAME: Tustin Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Property and Evidence Christopher Grover & Operations Support Division Manager Liliana Mendez FIELD REPRESENTATIVE: Michael J. Bush DATE: 08/17/2023 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.2.3 HOLDING FACILITY TRAINING Training plan verified. At a minimum, all supervisors of and personnel who All staff have completed their initial 8 hours supervise incarcerated persons in, a Court Holding or training. Temporary Holding facility shall complete eight hours of specialized corrections training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; (c)separation of incarcerated persons; (d) emergency procedures and planning, fire and life ☒ ☐ ☐ safety; and; (e) suicide prevention; (f) de-escalation; (g) juvenile procedures; (h) racial bias; and, (i) mental illness. Note: Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility. Successful completion of Core ☐ ☐ ☐ training or supplemental Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. A total of eight hours of refresher training shall be 900.2.3 completed every two years. Successful completion of the Officers have received their 8-hour refresher ☐ ☐ ☐ requirements in Section 1025, Continuing Professional course. Training may be substituted for the eight-hour refresher. 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. 3728 Orange Tustin PD PRO 23-24 Page 1 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL In addition to the implementation and operation of all programs and activities A sufficient number of personnel shall be employed in required by the regulations, another each local detention facility to ensure the implementation ☒ ☐ ☐ predicator for compliance with this section is and operation of the programs and activities required by the availability of staff to complete and these regulations. document at least hourly safety checks. Whenever there is a person in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local ☒ ☐ ☐ detention facility who shall be immediately available and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties which 900.4.1 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 900.4.1 shall be at least one female employee who shall be Trained female staff are available. immediately available and accessible to such females. ☒ ☐ ☐ Note: Reference PC § 4021. In order to determine if there is a sufficient number of Arresting officers are responsible for their personnel for a specific facility, the facility administrator prisoners. BSCC reviewed staffing shall prepare and retain a staffing plan indicating the assignments and the duty roster to verify personnel assigned in the facility and their duties. Such a staffing patterns. All information appeared ☒ ☐ ☐ staffing plan shall be reviewed by the Board staff at the appropriate. 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 900.4.1 Visual checks are conducted “at least every 30 minutes” are documented on The facility administrator shall develop and implement the Arrestee Property Report. policy and procedures for conducting safety checks that ☒ ☐ ☐ include, but are not limited to, the following: Compliance based on policy only; no records available no one has been held in the facility since 2021. (a) Safety checks will determine the safety and well- being of individuals and shall be conducted at least hourly ☒ ☐ ☐ through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse ☒ ☐ ☐ between safety checks. (c) Safety checks for people in sobering cells, safety cells, and restraints shall occur more frequently as ☒ ☐ ☐ outlined in section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the documentation of all safety checks. Documentation shall ☒ ☐ ☐ include: 3728 Orange Tustin PD PRO 23-24 Page 2 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) the actual time at which each individual safety ☒ ☐ ☐ check occurred; (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 ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF Included in 1024 the temporary holding Facility training. Whenever there is a person in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the Agency self-certifies that all applicable staff training standards established by the Board for general are current in required training, which fire and life safety. [Penal Code section 6030(c)]. includes fire and life safety training. The facility manager shall ensure that there is at least one 900.3.2 (c) person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL2 References to each standard are located in the Tustin Police Department’s Jail Manual. Facility administrator(s) shall develop and publish a 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 900.2.1 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 900.2.1 & 900.3.1 ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force that meets current state 300 and federal legal requirements and includes ☒ ☐ ☐ prohibition of the use of carotid restraint and choke holds. (4) Policy on the use of restraint equipment, including 900.3.8 the restraint of pregnant persons as referenced in ☒ ☐ ☐ Penal Code Section 3407. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3728 Orange Tustin PD PRO 23-24 Page 3 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (5) Procedure and criteria for screening newly In practice, this is a normal process. ☒ ☐ ☐ received persons for release. (6) Security and control including physical counts and As a practical matter, counts are conducted searches of the facility and incarcerated persons, at each safety check. Arrestees remain no contraband control, and key control. longer than 4 hours, per policy. Each facility administrator shall, at least annually, review, evaluate, and make a record of security ☒ ☐ ☐ measures. The review and evaluation shall include internal and external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 900.2.1 & 900.3.1 (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; (B) escape, disturbances, and the taking of 900.6.3 ☒ ☐ ☐ hostages; (C) mass arrests; ☒ ☐ ☐ 900.6.2 (D) natural disasters; ☒ ☐ ☐ 900.6.1 (E) periodic testing of emergency equipment; Included as part of 900.3.1 ☒ ☐ ☐ and (F) storage, issue, and use of weapons, 900.2.6 ammunition, chemical agents, and related ☒ ☐ ☐ security devices. (8) Suicide Prevention. 900.2.6 ☒ ☐ ☐ (9) Separation of incarcerated persons. ☒ ☐ ☐ 900.4.2 (10) Zero tolerance in the prevention of sexual abuse The Tustin Police Department has a zero- and sexual harassment. tolerance policy when it comes to sexual abuse and sexual harassment. The ☒ ☐ ☐ department will not tolerate retaliation against any person who reports sexual abuse, sexual harassment, or who cooperates with any abuse or harassment investigation. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or person after ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for 900.2.6 ☒ ☐ ☐ incarcerated persons. (e) The manual for Temporary Holding, Court Holding, 1. Report to any Jailor or Tustin PD Type I, II, III, and IV facilities shall provide for, but not be employee or, limited to, the following: 2. Call Tustin PD at 714-573-3225 and (1) multiple internal ways for incarcerated people to request a Supervisor or, privately report sexual abuse and sexual 3. Call Orange County Sheriff’s ☒ ☐ ☐ harassment, retaliation by other incarcerated Department at 714-647-7000 or, persons or staff for reporting sexual abuse and 4. Contact the Prison Law Office sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, 3728 Orange Tustin PD PRO 23-24 Page 4 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved incarcerated persons, 900.4.2 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 900.4.4 Mentally disturbed prisoners will not be The facility shall have a comprehensive written suicide detained. prevention program developed by the facility administrator or designee, in conjunction with the health ☒ ☐ ☐ authority and mental health director, to identify, monitor, and provide treatment to those incarcerated persons who present a suicide risk. The program shall include the following: (a) Annual suicide prevention training for all custodial These types of prisoners will not be held in ☒ ☐ ☐ personnel. the facility. The rest of the section is deleted. (b) Intake screening for suicide risk immediately upon All staff have who will have direct contact with intake and prior to housing assignment. ☒ ☐ ☐ incarcerated persons will attend suicide prevention training. (c) Suicide prevention screening during special situations, including placement in restrictive housing, ☐ ☐ ☒ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among arresting/transporting officers, facility staff, court staff, ☐ ☐ ☒ medical and mental health personnel in relation to suicide risk. (e) Housing recommendations for people at risk of suicide that balance safety and environment. The least ☐ ☐ ☒ restrictive environment should be considered. (f) Supervision depending on level of suicide risk. ☐ ☐ ☒ (g) Suicide attempt and suicide intervention policies and ☐ ☐ ☒ procedures. (h) Provisions for reporting suicides and suicides ☐ ☐ ☒ attempts. (i) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility administrator, including the development of a corrective ☐ ☐ ☒ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. Note: Subsection (k) does not apply and has been ☐ ☐ ☒ deleted. 1032 FIRE SUPPRESSION PREPLANNING 900.3.1 Performed by Maintenance Department staff. Pursuant to Penal Code Section 6031.1(b), the facility Verified. 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: 3728 Orange Tustin PD PRO 23-24 Page 5 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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) monthly fire prevention inspections by facility staff 900.3.1 with two-year retention of the inspection record; ☒ ☐ ☐ Performed by Maintenance Department staff. (c) fire prevention inspections as required by Health and Conducted 06/27/2023 by the Orange County Safety Code Section 13146.1(a) and (b) which requires Fire Department. Department will contact ☒ ☐ ☐ inspections at least once every two years; their fire authority to schedule a Fire inspection. (d) an evacuation plan; and ☒ ☐ ☐ 900.3.2 (a) 2. (e) a plan for the emergency housing of incarcerated The Orange County Jail would be used in this ☒ ☐ ☐ people in the case of fire. event. 1044 INCIDENT REPORTS 900.2.4 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 incarcerated person of a detention facility or other person. Such records shall include the names of the persons No records to review. 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 Reports are due at the end of shift. assigned to investigate the incident and submitted to the ☒ ☐ ☐ facility manager or designee. 1046 DEATH IN CUSTODY 900.6.5 A review team comprised of the Chief of (a) Death in Custody Reviews for Adults and Minors. Police or designee, the health administrator, The facility administrator, in cooperation with the health the responsible physician, and other health administrator, shall develop written policy and care and supervision staffs who were relevant procedures to ensure that there is an initial review of to the incident shall conduct a review of the ☒ ☐ ☐ every in-custody death within 30 days. The review team incident. This review shall occur within 30 at a minimum shall include the facility administrator or days of the incident and shall review the designee, the health administrator, the responsible appropriateness of clinical care; whether physician and other health care and supervision staff who changes to policies, procedures, or practices are relevant to the incident. are warranted; and to identify issues that require further study. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. (b) Death of a Minor 324.12.5 In any case in which a minor dies while detained in a jail, Minors not held in the jail facility. lockup, or court holding facility: (1) The administrator of the facility shall provide to ☐ ☐ ☒ the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy of the report shall be submitted within 10 calendar days after the death. 3728 Orange Tustin PD PRO 23-24 Page 6 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.4.2 (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign incarcerated persons to housing units and activities according to the categories of gender identity, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non- assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the incarcerated people and staff. Such ☒ ☐ ☐ housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments. Note: Subsection (b) does not apply and has been deleted. (c) In deciding housing and programming assignments, Reviewed medical/classification form only. the agency shall consider on a case-by-case basis Due to COVID-19, no prisoner has been held whether a placement would ensure the health and safety in the facility since 2021 of the incarcerated person, and whether the placement ☒ ☐ ☐ would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 900.4.3.(b) Will immediately be transported to an The facility administrator, in cooperation with the appropriate facility. responsible physician, shall develop written policies and ☒ ☐ ☐ 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 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. 3728 Orange Tustin PD PRO 23-24 Page 7 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 BEHAVIORAL CRISIS IDENTIFICATION 900.4.3 (c) Mentally disordered arrestees are The facility administrator, in cooperation with the immediately transported to an appropriate responsible physician, shall develop written policies and ☒ ☐ ☐ 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 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 ☐ ☐ ☒ daily sick call, whichever is earliest. Separation may be used if necessary, to protect the ☐ ☐ ☒ safety of the person in crisis or others. 1053 ADMINISTRATIVE SEPARATION 900.4.2 An arrestee with issues of this type would be Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ immediately transported to the Orange develop and implement policies and procedures for the County Jail. administrative separation of incarcerated people. 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. Note: Subsections (b) through (e) do not apply and have been deleted. 1055 USE OF SAFETY CELL No Safety Cell. The remainder of the text of this regulation The safety cell described in Title 24, Part 2, Section has been deleted. 1231.2.5, shall be used to hold only those people who ☐ ☐ ☒ display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate ☐ ☐ ☒ authority to place an incarcerated person in a safety cell to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment ☐ ☐ ☒ or as a substitute for treatment. (b) A person shall be placed in a safety cell only with the approval of the facility manager or designee, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every four hours. 3728 Orange Tustin PD PRO 23-24 Page 8 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be ☐ ☐ ☒ medically cleared for continued retention, referral to advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. (d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on ☐ ☐ ☒ placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute ☐ ☐ ☒ lapse between safety checks. Such observation shall be documented. (f) Procedures shall be established to assure ☐ ☐ ☒ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☐ ☐ ☒ privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL No Sobering Cell. Persons suffering symptoms of alcohol or The sobering cell described in Title 24, Part 2, Section drug detoxification or withdrawal will not be ☐ ☐ ☒ 1231.2.4, shall be used for temporary holding of detained at the Temporary Holding Facility incarcerated people who are a threat to their own safety and medical aid should be requested. or the safety of others due to their state of intoxication. A person shall be removed from the sobering cell as soon as they are able to continue the admission process or are ☐ ☐ ☒ no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over six hours without an evaluation by medical or custody staff to determine whether the person has an urgent ☐ ☐ ☒ medical problem, pursuant to section 1213 of these regulations. At 12 hours from the time of placement, all persons must ☐ ☐ ☒ receive an evaluation by responsible health care staff. Intermittent direct visual observation of people held in the sobering cell shall be conducted no less than every half ☐ ☐ ☒ hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES 900.4.3 (d) Developmentally disordered arrestees are The facility administrator, in cooperation with the immediately transported to an appropriate responsible physician, shall develop written policies and facility. ☐ ☐ ☒ procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. 3728 Orange Tustin PD PRO 23-24 Page 9 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The health authority or designee shall contact the 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 900.3.8 Per policy, restraints for this purpose are not The facility administrator, in cooperation with the used in the facility. However, arrestees responsible physician, shall develop and implement requiring this type of restraint will be placed in written policies and procedures for the use of restraint the pro-restraint chair, which is located in the devices. Restraint devices include any devices which vehicle sally port. Once the booking report is immobilize extremities or prevent the incarcerated ☐ ☐ ☒ completed, the prisoner will be transported to person from being ambulatory. The provisions of this the Orange County Jail. section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: ☐ ☐ ☒ (1) acceptable restraint devices; (2) signs or symptoms which should result in immediate medical/mental health referral; availability ☐ ☐ ☒ of cardiopulmonary resuscitation equipment; (3) protective housing of restrained persons; ☐ ☐ ☒ (4) provision for hydration and sanitation needs; and, ☐ ☐ ☒ (5) exercising of extremities. ☐ ☐ ☒ (b) Policy shall also include, but not be limited to, the following requirements: ☐ ☐ ☒ (1) In no case shall restraints be used for punishment or as a substitute for treatment. (2) Restraint devices shall only be used on incarcerated people who display behavior which ☐ ☐ ☒ results in the destruction of property or reveal an intent to cause physical harm to self or others. (3) Restraint devices should be used only when less restrictive alternatives, including verbal de-escalation ☐ ☐ ☒ techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in restraints only with the approval of the facility manager, the facility watch commander, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be ☐ ☐ ☒ maintained until a medical opinion can be obtained. (6) A medical opinion on placement and retention shall be secured within one hour from the time of ☐ ☐ ☒ placement. (7) A medical assessment shall be completed within ☐ ☐ ☒ four hours of placement. 3728 Orange Tustin PD PRO 23-24 Page 1 0 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Continuous direct visual observation shall be conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. ☐ ☐ ☒ While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation with responsible health care staff determines that an incarcerated person cannot be ☐ ☐ ☒ safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use the restraint device manufacturer’s recommended ☐ ☐ ☒ maximum time limits for placement. (11) All events and information related to the placement in restraints shall be documented and shall be video recorded unless exigent circumstances prevent staff from doing so. The ☐ ☐ ☒ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS 900.4. Pregnant females will not be detained. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices on pregnant people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: (1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the ☐ ☐ ☒ pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of an incarcerated pregnant person during a medical ☐ ☐ ☒ emergency, labor, delivery, or recovery after delivery or termination of the pregnancy determines that the removal of restraints is medically necessary. (4) Upon confirmation of an incarcerated person’s pregnancy, they shall be advised, orally or in writing, ☐ ☐ ☒ of the standards and policies governing incarcerated pregnant people. 3728 Orange Tustin PD PRO 23-24 Page 1 1 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE 900.4.6 A person arrested has the right to make three The facility administrator shall develop written policies completed telephone calls immediately upon and procedures which allow access to a telephone or being booked or no longer than three hours communication device beyond those telephone calls after the arrest. These calls are to be at no which are required by Section 851.5 of the Penal Code. expense if completed to a local dialing area. Individuals who are known to have, or are perceived by others as having hearing or speech impairments shall be ☐ ☐ ☒ provided access to the appropriate telecommunication device which will facilitate communication. Such devices may include but are not limited to videophones, teletypewriters, or third-party communications assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESS TO COURTS AND COUNSEL 900.4.7 The facility administrator shall develop written policies ☐ ☐ ☒ and procedures to ensure incarcerated persons have access to the court and to legal counsel. Such access shall consist of: (b) confidential consultation with attorneys. Under no circumstances will the call be ☐ ☐ ☒ monitored, eavesdropped upon, or recorded 1080 RULES AND DISCIPLINARY ACTIONS 900.3.9 Discipline is not administered in this facility. Wherever discipline is administered, each 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 900.3.9 PERSONS Discipline is not administered in 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. 3728 Orange Tustin PD PRO 23-24 Page 1 2 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing ☐ ☐ ☒ by the staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and disciplinary authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes: ☐ ☐ ☒ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 2. Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been ☐ ☐ ☒ informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The ☐ ☐ ☒ incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and ☐ ☐ ☒ the action taken shall be reviewed by the facility manager or designee. 6. The incarcerated person shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. 3728 Orange Tustin PD PRO 23-24 Page 1 3 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Nothing in this section precludes a facility administrator from administratively separating any incarcerated person from the general population or program for reasons of personal, mental, or physical ☐ ☐ ☒ health, or under any circumstance in which the safety of the person, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE 900.3.9 Discipline is not administered in this facility. The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. ☐ ☐ ☒ (b) Extra work detail. (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS 900.3.9 Discipline is not administered in this facility. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation. ☐ ☐ ☒ Additionally, there shall be the following limitations: (a) Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1) If a person is on disciplinary separation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a ☐ ☐ ☒ consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. 3728 Orange Tustin PD PRO 23-24 Page 1 4 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day ☐ ☐ ☒ except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (3) If after placement in separation, mental health or medical staff determine that an individual has serious mental illness or an intellectual disability, they shall ☐ ☐ ☒ be removed from disciplinary separation immediately upon this determination. (b) The delegation of authority to any incarcerated person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the implements necessary to maintain an acceptable level of ☐ ☐ ☒ personal hygiene as specified in Section 1265 of these regulations. (e) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case ☐ ☐ ☒ correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS 900.3.9 Discipline is not administered in this facility. Penal Code Section 4019.5 requires that a record is kept ☐ ☐ ☒ of all disciplinary actions administered therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1270 STANDARD BEDDING AND LINEN ISSUE Prisoners are detained less than 30-45 minutes. The standard issue of clean suitable bedding and linens, for each incarcerated person entering a living area who ☐ ☐ ☒ is expected to remain overnight, shall include, but not be limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; 3728 Orange Tustin PD PRO 23-24 Page 1 5 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) one mattress cover or one sheet; ☐ ☐ ☒ (d) one blanket or more depending up on climatic ☐ ☐ ☒ conditions. Policy and procedure shall require that items (a), (b), and ☐ ☐ ☒ (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☐ ☐ ☒ and (d) above prior to their first night in the facility and every night thereafter. 1280 FACILITY SANITATION, SAFETY, AND Tustin Public Works and custody staff are MAINTENANCE responsible for the cleanliness 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. 3728 Orange Tustin PD PRO 23-24 Page 1 6 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) DETENTION OF MINORS YES NO P/P REFERENCE – COMMENTS Are minors held in this facility? Youth are not held in the facility. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on ☐ ☒ the detention of minors: (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) Are minors held in jail cells? 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. 3728 Orange Tustin PD PRO 23-24 Page 1 7 of 18 A351 TH PRO eff. 4/2023 (23-24).dot (rev. 07/23) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 3728 FACILITY NAME: Tustin Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1998 FIELD REPRESENTATIVE: Michael J. Bush DATE: 08/17/23 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) ☒ ☐ ☐ Contain 10 square feet of floor per inmate Limited to no more than 16 inmates ☒ ☐ ☐ No smaller than 40 square feet ☒ ☐ ☐ Contain sufficient seating to accommodate all inmates ☒ ☐ ☐ Toilet accessible ☒ ☐ ☐ Wash basin accessible ☒ ☐ ☐ Drinking fountain accessible ☒ ☐ ☐ Except in handicap cell; cup furnished. Provide for adequate visual supervision of inmates ☒ ☐ ☐ Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 ☒ ☐ ☐ hours) Weapons Locker (3.12) External to the security area and equipped with ☒ ☐ ☐ individual compartments, locks and keys Detoxification Cells (WA) (2.4) No detoxification cell in the facility. The ☐ ☐ ☒ remainder of the regulation was deleted from Limited to no more than 8 inmates this checklist. Safety Cells (WA) (2.5) No safety cell in the facility. The remainder of the regulation was deleted from this checklist. Contain 48 square feet with one floor dimension at ☐ ☐ ☒ least 6 feet Shower-Delousing Room (3.4) Shower available in staff locker room, if needed. ☒ ☐ ☐ Available Secure Vault or Storage Space (2.1) ☒ ☐ ☐ Available for inmate valuables Telephone (2.1) Available for inmate use per Penal Code § 851.5 ☒ ☐ ☐ 3728 Orange Tustin PD PHY 23-24 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Audio Monitoring (2.22) ☒ ☐ ☐ For facilities planned or constructed after 8-86 Janitor Closet (2.20) Outside of the secure area. ☒ ☐ ☐ Available Storage Rooms (WA) (2.21) ☒ ☐ ☐ Available Emergency Power (2.24) Available to maintain fire and life safety, security, ☒ ☐ ☐ communications and alarm systems Attorney Interview Space (2.26) ☒ ☐ ☐ Available 3728 Orange Tustin PD PHY 23-24 - 2 - A370 PHY CH-TH 1-78.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3728 FACILITY: Tustin Police Department TYPE: THJ RC: 0 FIELD REPRESENTATIVE: Michael J. Bush DATE: 08/17/2023 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC BRC (L x W x H) T U W F S Cell 1 Holding 1991 1 - (5) (5) 8’ x 10’ x 10’ 1 - 1 1 - Notes: 8’ bench Cell 2 Holding 1991 1 - (5) (5) 8’ x 10’ x 10’ 1 - 1 1 - Notes: 8’ bench; Cell 3 Holding 1978 1 - (4) (4) 8’ x 7’ x 10’ 1 - 1 1 - Notes: 7’ bench Cell 4 Holding 1978 1 - (4) (4) 8’ x 7’ x 10’ 1 - 1 1 - Notes: 7’ bench Cell 7 Holding 1991 1 - (4) (4) 8’ x 8.3’ x 10’ 1 - 1 - - Notes: 7’ bench; no fountain – handicap access fixtures Notes: cameras/video in all cells – monitors in W/C’s and dispatcher’s offices; sound goes into dispatch office only; no mattresses are provided as department limits holding time to under 12 hours. All mouthguards and grille covers were modified to address current Title 24 regulations. The department is not required to make these modifications because, at the time of build, it was not a requirement. Tustin PD continues to raise the standard in operation and physical plant to ensure a safe and secure facility is in operation. The facility is incredibly clean and well-maintained. Cells 5 & 6 were remodeled and are now used for storage; 6/16 (MJB) *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 3728 Orange Tustin PD LASE 23-24 - 1 - A360 LAS Adult.dot (9/98)