San Bernardino Fontana PD Inspection Rpt 20-22 TH (2020-2022 inspection cycle)

December 7, 2022 Billy Green, Chief of Police Fontana Police Department 17005 Upland Avenue Fontana, CA 92335 2020-2022 BIENNIAL INSPECTION OF FONTANA POLICE DEPARTMENT PURSUANT TO PENAL CODE SECTION 6031 Dear Chief Green, On November 18, 2022, staff from the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Fontana Police Department Temporary Holding Facility. A pre-inspection briefing was held prior to the physical inspection. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, Calfornia Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Deliquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation outlining Title 24 requirements for design; and a Living Area Space Evaluation summarizing the physical plant configuration and showing facility capacity. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. LOCAL INSPECTIONS In addition to the biennial inspection 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 Section 101045 and 1314631). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive prespective of your facility. Local inspection reports are forwarded to your office under a separate cover. Inspection Date Fire and Life Safety June 8, 2021 Medical and Mental Health February 9, 2021 Environmental Health February 9, 2021 Billy Green Chief of Police Page 2 BSCC INSPECTION The inspection consisted of a review of the applicable Fontana Police Department’s Policy and Procedure Manual sections, relevant documentation, and a site visit to review operations and the physical plant. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 We found no items of noncompliance. Title 24, CCR Physical Plant There were no changes to the physical plant of the temporary holding facility. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevetion Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. Minors may be held in either secure or non-secure detention. Records revealed youth were held in both non-secure and secure detention. We found no violations or areas of noncompliance. --- This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Fontana Police Department Temporary Holding Facility. We would like to express our gratitude to Vivian Santillans and Sergeant Janusz for their assistance during this inspection. We look forward to working with you in the future. If you have any questions, please feel free to contact your assigned field representative at (916) 322-1638 or at email: Lisa.Southwell@bscc.ca.gov. Sincerely, Jill Farris Field Representative Facility Standards and Operations Division Enclosures 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constititutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager, and other persons deemed appropriate. 4370 San Bernardino Fontana PD THJ LTR 20-22 Billy Green Chief of Police Page 2 cc: City Manager, City of Fontana City Council Chair, City of Fontana Grand Jury Foreperson, County of San Bernardino Sergeant Janusz, Fontana Police Department * Complete copies of this inspection are available online at www.bscc.ca.gov 4370 San Bernardino Fontana PD THJ LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4370 FACILITY NAME: Fontana Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: GTA Jailer Vivian Santillanes and Sergeant D. Janusz FIELD REPRESENTATIVE: Jill Farris DATE: 11/18/2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Fontana Police Department Policy Manual Section HOLDING FACILITY TRAINING 900.12 Training The Fontana Police Department employs Jailers Custodial personnel who supervise inmates in, and trained through the Government Training Agency supervisors of, a Court Holding or Temporary Holding (GTA). They staff the temporary holding facility facility shall complete 8 hours of specialized training. Such (THF) 24 hours a day, seven days a week. The training shall include, but not be limited to: jailers receive training in Title 15, fire/life safety, (a) applicable minimum jail standards; CPR, etc. (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire, and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in 900.12 Training any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Jailers receive Title 15 training within the required Successful completion of Core training or supplemental ☒ ☐ ☐ time frame of appointment. Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once 900.12 Training every two years. Successful completion of the requirements Agency provided individual training records ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be verifying staff received eight hours of refresher substituted for the eight-hour refresher. training. 1027 NUMBER OF PERSONNEL 900.3.3 Staffing Plan A sufficient number of personnel shall be employed in each Agency has one custodial supervisor and eight jail local detention facility to ensure the implementation and officers. The jailers work in pairs and staff the ☒ ☐ ☐ operation of the programs and activities required by these facility 24/7. regulations. 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. 4370 San Bernardino Fontana PD TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900.3.3 Staffing Plan least one employee on duty at all times in a local detention 900.3.2 Supervision in Temporary Custody facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to The agency staffs the watch commander position inmates in the event of an emergency. and the jailers 24/7. Such an employee shall not have any other duties which 900.3.2 Supervision in Temporary Custody would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there 900.3.2 Supervision in Temporary Custody shall be at least one female employee who shall be immediately available and accessible to such females. ☒ ☐ ☐ There are female jailers employed at the facility; Note: Reference PC§ 4021. however, if a female jailer is not available, the arrestee will be taken to county jail. To determine if there is a sufficient number of personnel for 900.3.3 Staffing Plan a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the The agency has adequate staff to fulfill all facility and their duties. Such a staffing plan shall be pertinent duties. ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.8 (e) Holding Cells Safety checks shall be conducted at least hourly through ☒ ☐ ☐ Agency requires 60-minute checks. direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of 900.8 (e 2.) Holding Cells routine safety checks. BSCC staff reviewed random safety check logs ☒ ☐ ☐ between January 2021 – May 2022 and determined compliance with this regulation. 1028 FIRE AND LIFE SAFETY STAFF 900.3.3 Staffing Plan Whenever there is an inmate in custody, there shall be at least one person on duty at all times who meets the training ☒ ☐ ☐ standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 900.3.3 Staffing Plan person on duty who trained in fire and life safety procedures ☒ ☐ ☐ The jailers receive CPR, and Fire/Life safety that relate specifically to the facility. during their training. 029 POLICY AND PROCEDURES MANUAL 2 Fontana Police Department Policy Manual Section 900: Temporary Custody of Adults Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and Last updated 01/20/2021. procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4370 San Bernardino Fontana PD TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) Table of organization, including channels of 200 Organizational Structure and Responsibility ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. The facility supervisor conducts regular inspections. (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force 900.5.8 Reporting Physical Harm or Serious Threat of Physical Harm (4) Policy on the use of restraint equipment, including the ☒ ☐ ☐ 900.6 Use of Restraint Devices restraint of pregnant inmates as referenced in Penal Code 900.6.1 Pregnant Adults and Restraints Section 3407. (5) Procedure and criteria for screening newly received Fontana Police Department Policy Manual Section ☒ ☐ ☐ inmates for release per Penal Code sections 849(b)(2) and 900.2.1 Arrest Without Filing of Accusatory 853.6, and any other such processes as the facility Pleading administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ 900.3.3 Staffing Plan (A) physical counts of inmates, ☒ ☐ ☐ 900.3.3 Staffing Plan (B) searches of the facility and inmates, ☒ ☐ ☐ 900.3.3 Staffing Plan 902 Custodial Searches 902.4 Searches at Police Facilities (C) contraband control, and ☒ ☐ ☐ 900.8 Holding Cells 902 Custodial Searches 902.4 Searches at Police Facilities (D) key control. ☒ ☐ ☐ 900.11.1 Key Control Each facility administrator shall, at least annually, review, 900.11 Assigned Administrator evaluate, and make a record of security measures. The review and evaluation shall include internal and external security This responsibility is assigned to the custodial measures of the facility including security measures specific ☒ ☐ ☐ supervisor and/or the Administrative Sergeant. The to prevention of sexual abuse and sexual harassment. jailers routinely inspect the jail facility for security. Arrestees allowed into the facility are typically in holding cells alone. (7) Emergency procedures include: 900.5.9 Fire Safety (A) fire suppression preplan as required by section ☒ ☐ ☐ In conjunction with the San Bernardino County 1032 of these regulations; Fire Dept. (B) escape, disturbances, and the taking of hostages; 900.14 Escapes ☒ ☐ ☐ 900.15 Disturbances 900.16 Hostages (C) mass arrests; ☒ ☐ ☐ 900.17 Mass Arrests (D) natural disasters; ☒ ☐ ☐ 900.18 Natural Disasters (E) periodic testing of emergency equipment; and ☒ ☐ ☐ 900.19 Emergency Equipment Testing (F) storage, issue, and use of weapons, ammunition, 900.20 Storage, issue, use of weapons, ☒ ☐ ☐ chemical agents, and related security devices. ammunition, chemical agents, and tools (8) Suicide Prevention. ☒ ☐ ☐ 900.21 Suicide Prevention (9) Segregation of Inmates. 900.22 Segregation of inmates ☒ ☐ ☐ Inmates are generally kept separated until transported to another facility. (10) Zero tolerance in the prevention of sexual abuse and 900.4.1 Screening and Placement ☒ ☐ ☐ sexual harassment. 904.4 Reporting Sexual Abuse and Harassment (11) Policy and procedure to detect, prevent, and respond 904.4 Reporting Sexual Abuse and Harassment to retaliation against any staff or inmate after reporting ☒ ☐ ☐ 904.4.1 Member Responsibilities any abuse. 904.6 Retaliation Prohibited 4370 San Bernardino Fontana PD TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, 900.4.1 Screening and Placement Type I, II, III, and IV facilities shall provide for, but not be 904.4 Reporting Sexual Abuse and Harassment limited to, the following: (1) multiple internal ways for inmates to privately report The jail facility had PREA signs posted in the sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ secure area of the facility where arrestees could review them. inmates 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 inmates, family, 904.4 Reporting Sexual Abuse and Harassment community members, and other interested third parties 904.4.1 Member Responsibilities to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the The agency has signage posted in the public lobby facility. in both English and Spanish with instructions for reporting abuse or harassment. 1030 SUICIDE PREVENTION PROGRAM 900.21 Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct 900.12 Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon 900.4 Initiating Temporary Custody intake and prior to housing assignment. 900.3.1 Individuals who shall not be in Temporary Custody ☒ ☐ ☐ If an individual is suspected of being a suicide risk, they are under direct supervision until evaluated, released, or transferred to an appropriate facility. (c) Provisions facilitating communication among 900.4 Initiating Temporary Custody arresting/transporting officers, facility staff, medical and 900.3.1 Individuals who shall not be in Temporary ☒ ☐ ☐ mental health personnel in relation to suicide risk. Custody (d) Housing recommendations for inmates at risk of suicide. 900.4 Initiating Temporary Custody ☒ ☐ ☐ 900.3.1 Individuals who shall not be in Temporary Custody (e) Supervision depending on level of suicide risk. 900.3.1 Individuals who shall not be in Temporary Custody 900.21 Suicide Prevention ☒ ☐ ☐ An individual at risk for suicide would be kept in constant observation until they are transported out of the THF. (f) Suicide attempt and suicide intervention policies and 900.21 Suicide Prevention ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ 900.9 Suicide Attempt, Death, or Serious Injury (h) Multi-disciplinary administrative review of suicides and 900.9 Suicide Attempt, Death, or Serious Injury attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 4370 San Bernardino Fontana PD TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING 900.11 Assigned Administrator Pursuant to Penal Code Section 6031.1(b), the facility ☒ ☐ ☐ administrator shall consult with the local fire department having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire 900.5.9 Fire Safety department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 900.5.9 Fire Safety monthly basis with two-year retention of the inspection record; ☒ ☐ ☐ BSCC staff reviewed monthly fire inspection forms from July 2021 – October 2022 and determined compliance with this regulation. (c) fire prevention inspections as required by Health and 900.5.9 Fire Safety Safety Code Section 13146.1(a) and (b) which requires inspections at least once every two years; ☒ ☐ ☐ Inspector D. Cortez of the San Bernardino County Fire Department conducted the facility inspection on June 8, 2021. (d) an evacuation plan; and 900.5.9.1 Fire Procedures 900.5.9.2 Evacuation of a THF ☒ ☐ ☐ Facility had evacuation signs posted. (e) a plan for the emergency housing of inmates in the case of 900.5.9.1 Fire Procedures fire. ☒ ☐ ☐ Inmates would be transported to the county jail or another temporary holding facility. 1044 INCIDENT REPORTS 900.5.8 Reporting Physical Harm or Serious Threat of Physical Harm Each facility administrator shall develop written policies and Incidents are reported according to the agency’s procedures for the maintenance of written records and ☒ ☐ ☐ use of force, on-duty injuries, or applicable reporting of all incidents which result in physical harm, or reporting policy. Incidents are documented in the serious threat of physical harm, to an employee or inmate of Watch Commander’s log and added to the arrest a detention facility or other person. report. Such records shall include the names of the persons 900.5.8 Reporting Physical Harm or Serious involved, a description of the incident, the actions taken, and ☒ ☐ ☐ Threat of Physical Harm the date and time of the occurrence. Such a written record shall be prepared by the staff assigned 900.5.8 Reporting Physical Harm or Serious to investigate the incident and submitted to the facility ☒ ☐ ☐ Threat of Physical Harm manager or his/her designee. 1046 DEATH IN CUSTODY 900.9 Suicide Attempt, Death, or Serious Injury (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ☒ ☐ ☐ ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of 900.9 Suicide Attempt, Death, or Serious Injury clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. 4370 San Bernardino Fontana PD TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Death of a Minor 324.13 Suicide Attempt, Death, or Serious Injury In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ of a Juvenile lockup, or court holding facility: (1) The administrator of the facility shall provide to the 324.13 Suicide Attempt, Death, or Serious Injury Board a copy of the report submitted to the Attorney of a Juvenile 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 324.13 Suicide Attempt, Death, or Serious Injury administrator, the Board may within 30 calendar days of a Juvenile inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.4.1 Screening and Placement Arrestees are held in separate cells for six hours or (a) Each administrator of a temporary holding, Type I, II, or less. If an individual was found to be at risk for III facility shall develop and implement a written abuse, they would be under continuous, direct classification plan designed to properly assign inmates to sight/sound supervision until transferred. housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, The agency utilizes an intake form for medical and physical or mental health needs, assaultive/non-assaultive classification screening of all arrestees. BSCC behavior, risk of being sexually abused, or sexually harassed staff reviewed a random selection of forms dated and other criteria which will provide for the safety of the ☒ ☐ ☐ between July 2021 – June 2022. inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area 900.4.1 Screening and Placement for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 900.4 Initiating Temporary Custody 900.3.1 Individuals Who Shall Not Be In Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ The facility would reject anyone reporting or procedures specifying those symptoms that require displaying symptoms of any communicable segregation of an inmate until a medical evaluation is disease. completed. At the time of intake into the facility, an inquiry shall be 900.4 Initiating Temporary Custody made of the person being booked as to whether or not he/she 900.3.1 Individuals Who Shall Not Be In has or has had any communicable diseases, such as Temporary Custody tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ any other communicable diseases, or other special medical BSCC staff reviewed the medical screening form problem identified by the health authority. The response completed at intake for all arrestees. shall be noted on the booking form and/or screening device. 4370 San Bernardino Fontana PD TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES 900.3.1 Individuals Who Shall Not Be In Temporary Custody The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not 900.3.1 Individuals Who Shall Not Be In readily available, an inmate shall be considered mentally Temporary Custody disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of 900.22 Segregation of Inmates ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.22 Segregation of Inmates 900.3.1 Individuals Who Shall Not Be in Temporary Custody Except in Type IV facilities, each facility administrator shall 900.4.1 Screening and Placement develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including ☒ ☐ ☐ influence to promote or direct action or behavior that is criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 900.22 Segregation of Inmates secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of This facility does not hold arrestees for longer than protecting the inmates and staff. six hours. 1055 USE OF SAFETY CELL 900.3.1 Individuals Who Shall Not Be in Temporary Custody The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those inmates who ☒ ☐ ☐ The facility does not utilize a safety cell. An arrestee necessitating such would be under display behavior which results in the destruction of property continuous direct supervision until evaluated, or reveals an intent to cause physical harm to self or others. released, or transferred. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. 4370 San Bernardino Fontana PD TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice ☐ ☐ ☒ every thirty minutes. Such observation shall be documented. Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL 900.8.1 Use of Sobering Cell Agency utilizes an intake assessment form The sobering cell described in Title 24, Part 2, Section ☒ ☐ ☐ documenting signs and symptoms of intoxication 1231.2.4, shall be used for the holding of inmates who are a necessitating a sobering cell. threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they 900.8.1 Use of Sobering Cell are able to continue in the processing. ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six 900.8.1 Use of Sobering Cell hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will 900.3 General Criteria and Supervision receive an evaluation by responsible health care staff. ☐ ☐ ☒ Arrestees are not held in the facility over six hours. Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. BSCC staff reviewed a random sampling of Such observation shall be documented. ☒ ☐ ☐ Sobering Cell placement documentation and safety checks and determined compliance with this regulation. 1057 DEVELOPMENTALLY DISABLED 900.3.1 Individuals Who Shall Not Be in INMATES Temporary Custody The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional 900.3.1 Individuals Who Shall Not Be in center on any inmate suspected or confirmed to be Temporary Custody developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 4370 San Bernardino Fontana PD TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES 900.6 Use of Restraint Devices Arrestees requiring restraint will not be accepted into this facility and would require transport to the The facility administrator, in cooperation with the ☒ ☐ ☐ county jail. responsible physician, shall develop written policies and procedures for the use of restraint devices and may delegate 900.3.1 Individuals Who Shall Not Be in authority to place an inmate in restraints to a responsible Temporary Custody health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the following areas: ☐ ☐ ☒ acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ambulatory. ☐ ☐ ☒ Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 4370 San Bernardino Fontana PD TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT INMATES 900.6.1 Pregnant Adults and Restraints This facility will not accept pregnant arrestees and The facility administrator, in cooperation with the ☒ ☐ ☐ anyone found to be pregnant would be responsible physician, shall develop written policies and immediately transported out of the facility. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after 900.6.1 Pregnant Adults and Restraints delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in 900.6.1 Pregnant Adults and Restraints recovery after delivery, shall not be restrained by the ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional 900.6.1 Pregnant Adults and Restraints who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she 900.6.1 Pregnant Adults and Restraints shall be advised, orally or in writing, of the standards ☒ ☐ ☐ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE 900.5.5 Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL 900.5.2 Temporary Custody Requirements ☒ ☐ ☐ The facility administrator shall develop written policies and procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these 900.3 General Criteria and Supervision ☐ ☐ ☒ regulations, and Inmates are not in the THF longer than six hours. (b) confidential consultation with attorneys. ☒ ☐ ☐ 900.5.2 Temporary Custody Requirements 1080 RULES AND DISCIPLINARY PENALTIES 900.5.10 Discipline ☒ ☐ ☐ Discipline is not administered at this facility. Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 4370 San Bernardino Fontana PD TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR INMATE DISCIPLINE If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 4370 San Bernardino Fontana PD TH PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The inmate shall be advised in a written statement by the factfinders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: ☐ ☐ ☒ (a) If an inmate is on disciplinary separation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 4370 San Bernardino Fontana PD TH PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Penal Code Section 4019.5 requires that a record is kept of ☐ ☐ ☒ all disciplinary infractions and punishment administered, therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1280 FACILITY SANITATION, SAFETY, AND 900.13 Facility Sanitation and Maintenance MAINTENANCE The watch commander or their designee inspects the facility daily. The agency contracts with a The facility administrator shall develop written policies and ☒ ☐ ☐ sanitation company who cleans the facility up to procedures for the maintenance of an acceptable level of three times daily. A sanitation log is maintained at cleanliness, repair, and safety throughout the facility. Such a the facility. 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. 4370 San Bernardino Fontana PD TH PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. 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) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in Juveniles are not allowed in the secure portion of the jail. 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. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 324.13 Suicide Attempt, Death, or Serious Injury MINOR IN AN ADULT DETENTION of a Juvenile FACILITY ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 324 Temporary Custody of Juveniles ☒ ☐ ☐ The facility administrator shall develop written policies and procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; 324.3 Juveniles Who Should Not Be Held ☒ ☐ ☐ 324.3.2 Suicide Prevention of Juveniles in Custody (b) use of restraints; ☒ ☐ ☐ 324.9 Use of Restraint Devices (c) emergency medical assistance and services; and 324.10 Consent for Emergency Medical Treatment ☒ ☐ ☐ for Juveniles (d) prohibiting use of discipline. ☒ ☐ ☐ 324.8 Temporary Custody Requirements 4370 San Bernardino Fontana PD TH PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1143 CARE OF MINORS IN TEMPORARY 324.8 Temporary Custody Requirements CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ 324.8 (e) Temporary Custody Requirements (2) one snack upon request during term of temporary 324.8 (f) Temporary Custody Requirements custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and ☒ ☐ ☐ 324.8 (g) Temporary Custody Requirements (4) privacy during consultation with family, guardian, 324.8 (i) Temporary Custody Requirements ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the 324.8 (k) Temporary Custody Requirements ☒ ☐ ☐ comfort of the minor; and (6) his or her personal clothing unless the clothing is 324.8 (j) Temporary Custody Requirements inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 324.7 No-Contact requirements ADULT PRISONERS ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, 324.7 No-Contact requirements such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 324.12 Secure Custody A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a 324.12 (a) Secure Custody serious security risk of harm to self or others, the officer may take into account the following factors: ☒ ☐ ☐ (a) age, maturity, and delinquent history of the minor; 4370 San Bernardino Fontana PD TH PRO 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (b) severity of the offense(s) for which the minor was 324.12 (b) Secure Custody ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the 324.12 (c) Secure Custody ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate 324.12 (d) Secure Custody ☒ ☐ ☐ supervision or protection of the minor; and (e) the age, type, and number of other individuals who 324.12 (e) Secure Custody ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY 324.12 Secure Custody While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 324.12.1 Locked Enclosures CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; and ☒ ☐ ☐ 324.12.1 (b) Locked Enclosures (2) safety checks, as defined in Section 1006, of the 324.12.1 (d) Locked Enclosures minor by staff of the law enforcement facility, at least once every 30 minutes, which shall be documented. Agency requires 15-minute safety checks. BSCC ☒ ☐ ☐ staff reviewed Secure Custody logs from January 2021 – October 2022 and determined compliance with this regulation. (b) Males and females shall not be placed in the same 324.12.1 (e) Locked Enclosures locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 324.12 Secure Custody CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant 324.12 Secure Custody direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 324.12 Secure Custody minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for 324.12 Secure Custody longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 4370 San Bernardino Fontana PD TH PRO 20-22 - 16 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1149 CRITERIA FOR NON-SECURE 324.4: Custody of Juveniles CUSTODY 324.4.3 Custody of Juvenile Offenders Minors held in temporary custody, who do not meet the ☒ ☐ ☐ criteria for secure custody as specified in Section 207.1(b) of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- 324.6 Juvenile Custody Logs SECURE CUSTODY BSCC staff reviewed non-secure custody logs from January 2021 – October 2022 and Minors held in non-secure custody shall receive constant ☒ ☐ ☐ determined compliance with this regulation. direct visual observation by staff of the law enforcement facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF 324.3 Juveniles Who Should Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Significantly intoxicated youth should not be held without medical clearance. Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room 324.12 Secure Custody who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall Agency requires safety checks of any youth in a include safety checks at least once every 15 minutes until ☒ ☐ ☐ locked enclosure to be completed every 15 resolution of the intoxicated state or release. These safety minutes. checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked 324.12 Secure Custody room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall be ☒ ☐ ☐ supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display 324.1.1 Definitions outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 4370 San Bernardino Fontana PD TH PRO 20-22 - 17 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(b) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(b)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations: 0 facility. 207.1(b)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations: 0 207.1(b)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations: 0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(b)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 208. 207.1(b)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(b)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the Number of violations: 0 minor was securely detained. 207.1(b)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: 0 law enforcement facility for longer than six hours. 4370 San Bernardino Fontana PD TH PRO 20-22 - 18 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 4370 FACILITY NAME: Fontana Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1986 FIELD REPRESENTATIVE: Jill Farris DATE: November 18, 2022 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and This is a temporary holding facility and does not 0600 (Later, less restrictive 1994 standards only require a X house inmates longer than six hours. bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification/Sobering Cells (2.4) Following the June 2008 inspection, the safety cell 01: Name change to “sobering cell” X was converted to a sobering cell. Contain 20 square feet of floor per inmate Limited to no more than 8 inmates X No smaller than 60 square feet X Contain toilet X Contain washbasin X Contain drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) Following the June 2008 inspection, the safety cell Contain 48 square feet with one floor dimension at least 6 X was converted to a sobering cell. feet Ceiling height of at least 8 feet X Limited to no more than one inmate X Contain flush ring toilet (flush with floor) with controls X located outside the cell Padded floor, door and walls X Equipped with variable intensity, security light, with X controls located outside the cell Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell door (Facility X planned or constructed prior to 8-86) Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which must be in X the door (Facility planned or constructed after 8-86; See regulations for later changes)) 4370 San Bernardino Fontana PD TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at least 30 X inches above the floor Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Telephones located inside the cells. Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) X 1986 construction, there is no audio in the cells. For facilities planned or constructed after 8-86 Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 4370 San Bernardino Fontana PD TH PHY 20-22 - 2 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 4370 FACILITY: Fontana Police Department TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Jill Farris DATE: November 18, 2022 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Sobering 1986 1 (3) (3) 9.1’ X 7.2’ X 10.0’ 1 1 1 NOTES: During the 06-08 Inspection, this cell was being used for sobering inmates. As a part of the corrective action plan, this cell was converted to a sobering cell. A toilet, sink, wash basin, padded partition, and an observation window were added. C-1 Holding 1986 1 (4) 7.5’ X 7.4’ X 10.0’ 1 1 1 C-2 Holding 1986 1 1 (4) (4) 7.5’ X 7.4’ X 10.0’ 1 1 1 C-3 Holding 1986 1 1 (4) (4) 7.5’ X 7.4’ X 10.0’ 1 1 1 C-4 Holding 1986 1 (6) (6) 6.0’ X 10.2’ X 10.0’ 1 1 1 NOTES: 116” SEATING’ 61.2 SQUARE FEET – J9 through J12 are used very infrequently C-5 Holding 1986 1 1 4 (4) 7.5’ X 7.4’ X 10.0’ 1 1 1 C-6 Holding 1986 1 1 4 (4) 7.5’ X 7.4’ X 10.0’ 1 1 1 C-7 Holding 1986 1 1 4 (4) 7.5’ X 7.4’ X 10.0’ 1 1 1 C-8 Storage 1986 7.5’ X 7.4’ X 10.0’ 1 1 1 C-9 Holding 1986 1 1 4 (4) 7.5’ X 7.4’ X 10.0’ 1 1 1 C-10 Holding 1986 1 1 4 (4) 7.5’ X 7.4’ X 10.0’ 1 1 1 Sobering 1986 (3) (3) 7’ X 9.5”X 10 1 1 1 NOTES: C-8 IS USED FOR STORAGE ONLY – DOOR IS MARKED “STORAGE”. Also included within the detention facility are: J4, and J5: located in the intake/booking area; these are non-rated booking/holding areas also known as B1 and B2. Room J22: this room is a fingerprint room. A separate shower is installed in the booking area. *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. 4370 San Bernardino Fontana PD THJ LASE 20-22 - 1 - A360 LAS Adult.dot (03/01)