San Bernardino Upland PD Inspection Rpt 20-22 THJ (2020-2022 inspection cycle)

May 23, 2022 Marcelo Blanco, Chief of Police Upland Police Department 1499 West 13th Street Upland, CA 91786 2020-2022 BIENNIAL INSPECTION OF UPLAND POLICE DEPARTMENT, UPLAND POLICE JAIL FACILITY, PENAL CODE 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Blanco, This letter is to inform you that the biennial inspection of the Upland Police Department’s Jail Facility has been completed. The inspection was based on the documentation provided and received in August 2022. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, the Board of State and Community Corrections staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards for the facility; the Physical Plant Evaluation outlining Title 24 requirements for the design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the rated capacity of the facility. Refer to the Title 15 Checklist for an indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTION In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Department and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your department under a separate cover. We found each of the local inspections to be current with no areas of deficiency. Marcelo Blanco Chief of Police Page 2 Inspection Date Fire and Life Safety November 22, 2022 Medical and Mental Health February 18, 2022 Environmental Health February 18, 2022 Nutritional NA BSCC INSPECTION The inspection consisted of a review of the Upland Police Department Policy Manual sections that apply to the operations for the detention of adults and juveniles, a review of the Upland Police Department Procedure Manual, and a documentation review. Our contact and communication was with Sergeant Marci Williams who was very knowledgeable and provided all information necessary to conduct a full review. A site visit to review operations and the physical plant and interviews with administration and facility staff were not able to be completed this cycle. This inspection was completed remotely; however, you can expect that your 2023- 2024 biennial inspection will be conducted onsite and in person and your assigned Field Representative will be in contact soon to facilitate the current cycle inspection process. We provided some technical assistance to enhance operations; however, nothing that would impact regulatory expectations. 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 There were no areas found to be out of compliance with Title 15. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant According to Sergeant Williams, there have been no changes made to the physical plant. We found no areas or items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance The BSCC monitors local detention facilities for compliance with JJDPA. Documentation was provided for 2022 and 2021. There were very few youths held in custody. No areas of noncompliance were noted. Technical assistance was provided regarding reporting structure. --- 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 4378 San Bernardino Upland PD THJ LTR 20-22 Marcelo Blanco Chief of Police Page 3 This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Upland Police Department. We appreciate the work completed and the professionalism extended. We look forward to continuing to be available to provide technical assistance as needed and working together in the future. If you should have any questions, please contact me at (916) 838-9132 or email me at lisa.southwell@bscc.ca.gov. Sincerely, LISA SOUTHWELL Field Representative Facilities Standards and Operations Division Enclosures Cc: Mayor, City of Upland* City Manager, City of Upland* Presiding Judge, Superior Court, County of San Bernardino* Grand Jury Foreman, Superior Court, County of San Bernardino* Sgt. Marci Williams, Upland Police Department *Complete copies of this inspection are available upon request and at www.bscc.ca.gov. 4378 San Bernardino Upland PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4378 FACILITY NAME: Upland Police Department (UPD) FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sgt. M. Williams FIELD REPRESENTATIVE: Lisa Southwell DATE: August 23, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Upland Police Department Policy Manual HOLDING FACILITY TRAINING Section 900.12: Training and Procedure Manual: Training Custodial personnel who supervise inmates in, and Proof of training was provided for all agency supervisors of, a Court Holding or Temporary Holding staff. All staff are trained, including facility shall complete 8 hours of specialized training. supervisors and dispatchers. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; (c) inmate segregation; ☒ ☐ ☐ (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, Upland Police Department Policy Manual but in any event not more than six months after the Section 900.12: Training and Procedure date of assigned responsibility, or the effective date of Manual: Training this regulation. Successful completion of Core training or supplemental Core training, pursuant to Section Training occurs no later than six months 1020, Corrections Officer Core Course, may be ☒ ☐ ☐ from assignment. substituted for the initial eight hours of training. All training has been completed. Eight hours of refresher training shall be completed Upland Police Department Policy Manual once every two years. Successful completion of the Section 900.12: Training and Procedure requirements in Section 1025, Continuing Professional Manual: Training ☒ ☐ ☐ Training may be substituted for the eight-hour refresher. All training has been completed. 1027 NUMBER OF PERSONNEL The agency staffing plan, patrol schedule, and vacancy report for August 2022 were provided for our review. The agency A sufficient number of personnel shall be employed in appears to be sufficiently staffed according each local detention facility to ensure the ☒ ☐ ☐ to the documents reviewed. Documentation implementation and operation of the programs and also showed information for civilian staff and activities required by these regulations. reserve officers. 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. 4378 San Bernardino Upland PD THJ PRO 20-22 - 1 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be Upland Police Department Temporary at least one employee on duty at all times in a local Holding Facility Operations Manual Section detention facility or in the building which houses a local 900.3.2: Supervision in Temporary Custody detention facility who shall be immediately available and Procedure Manual: Staffing Plan and and accessible to inmates in the event of an On-Duty Personnel emergency. In most cases, the jailers or the arresting ☒ ☐ ☐ officer is responsible for the supervision of prisoners; however, if either is called away from the holding facility, prisoners are monitored by a dispatcher who has been trained or by the Watch Commander. It is very rare that the jailer or the officer does not supervise their own prisoners. Such an employee shall not have any other duties Upland Police Department Temporary which would conflict with the supervision and care of Holding Facility Operations Manual Section inmates in the event of an emergency. 900.3.2: Supervision in Temporary Custody and Procedure Manual: Staffing Plan and On-Duty Personnel The agency’s manual states the member responsible “should not have duties that could unreasonably conflict with his/her supervision.” This language is inconsistent with the language of the regulation. The regulation language is specific to ensure adequate supervision for the safety and security of the prisoners in the event of an ☒ ☐ ☐ emergency. Technical assistance has been provided regarding regulatory expectations and this has been discussed with the agency. There were no emergencies this cycle. If an emergency were to occur when persons tasked with the supervision of a prisoner have any other duty that conflict with their supervision duties, during those times, the agency would be noncompliant. The facility policy does note that the prisoner must be able to summon the supervising member if needed. Whenever one or more female inmates are in custody, Upland Police Department Temporary there shall be at least one female employee who shall Holding Facility Operations Manual Section be immediately available and accessible to such 900.3.2: Supervision in Temporary Custody females. and Procedure Manual: Staffing Plan and Note: Reference PC§ 4021. On-Duty Personnel Per command staff, female staff are present ☒ ☐ ☐ in the building when a female prisoner is brought into the facility. There were very limited females brought into custody, therefore, documentation was limited. There are female dispatchers on all shifts that are also available, or the prisoner can be taken directly to the jail. 4378 San Bernardino Upland PD THJ PRO 20-22 - 2 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS To determine if there is a sufficient number of Upland Police Department Temporary personnel for a specific facility, the facility administrator Holding Facility Operations Manual Section shall prepare and retain a staffing plan indicating the 900.3.3: Staffing Plan and Procedure personnel assigned in the facility and their duties. Such Manual: Staffing Plan and On-Duty a staffing plan shall be reviewed by the Board staff at Personnel ☒ ☐ ☐ 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 Upland Police Department Temporary Holding Facility Operations Manual Section 900.8: Holding Cells Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There A review of randomly selected safety checks shall be no more than a 60-minute lapse between noted the checks were completed in safety checks. compliance with both regulation and agency ☒ ☐ ☐ policy. Agency policy requires safety checks to be completed every 60 minutes. A review of the documentation received noted that most checks are completed within 30 minutes, exceeding regulation and policy. TA provided to enhance documentation consistency. There is a written plan that includes the documentation Upland Police Department Temporary of routine safety checks. Holding Facility Operations Manual Section 900.8: Holding Cells ☒ ☐ ☐ Checks are logged on the Safety Check Log Form. 1028 FIRE AND LIFE SAFETY STAFF Upland Police Department Temporary Holding Facility Operations Manual Section 900.3.3: Staffing Plan and Procedure Whenever there is an inmate in custody, there shall be at least one person on duty at all times who meets the ☒ ☐ ☐ Manual: First Aid Requirements 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 Upland Police Department Temporary one person on duty who is trained in fire and life safety Holding Facility Operations Manual Section procedures that relate specifically to the facility. 900.3.3: Staffing Plan and Procedure Manual: First Aid Requirements ☒ ☐ ☐ All personnel who supervise prisoners have been trained in First Aid, CPR, and Fire and Life Safety. 4378 San Bernardino Upland PD THJ PRO 20-22 - 3 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Upland Police Department administration (UPD) provided their policy manual dated July 2022, which had been reviewed and Facility administrator(s) shall develop and publish a updated for our review. Supplemental manual of policy and procedures for the facility. The procedures were also provided, and their policy and procedures manual shall address all THF Manual was reviewed and updated in applicable Title 15 and Title 24 regulations and shall be this same time period. 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: (1) Table of organization, including channels of Upland Police Department Temporary communications. Holding Facility Operations Manual Section 200: Organizational Structure and ☒ ☐ ☐ Responsibility and 200.3: Command Protocol and Procedure Manual: Chain of Command (2) Inspections and operations reviews by the facility Upland Police Department Temporary administrator/manager. Holding Facility Operations Manual Section 900.11(m): Assigned Administrator and Procedure Manual: Responsibilities of Custody Personnel The facility manager, sergeants, and watch ☒ ☐ ☐ commanders are responsible for individual inspection responsibilities. We found the monthly inspections were not consistent at the beginning of the cycle however, since being addressed by Sgt Williams, the issue has been corrected and all 2022 inspections were completed as required. (3) Policy on the use of force. Upland Police Department Temporary Holding Facility Procedures Manual: Detention F Security ☒ ☐ ☐ The policy requires that all personnel shall comply with the UOF directives in the Agency Policy Manual Section 303: Control Devices and Techniques (4) Policy on the use of restraint equipment, See Section 1058: Restraints and 1058.5: including the restraint of pregnant inmates as Restraints and Pregnant Persons ☒ ☐ ☐ referenced in Penal Code Section 3407. (5) Procedure and criteria for screening newly Upland Police Department Temporary received inmates for release per Penal Code Holding Facility Operations Manual Section sections 849(b)(2) and 853.6, and any other such 411: Cite and Release Procedure Manual: ☒ ☐ ☐ processes as the facility administrator is empowered Legal Parameters for Cite Release to use. (6) Security and control including: ☐ ☐ ☒ 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4378 San Bernardino Upland PD THJ PRO 20-22 - 4 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (A) physical counts of inmates, Upland Police Department Temporary Holding Facility Operations Manual Section 900.5.1: Temporary Custody Logs and Procedure Manual: Inmate Records ☒ ☐ ☐ We noted there are not many people held in the facility. All intakes are documented on the Temporary Holding Facility Security Log. These logs keep an accurate count of persons in custody. (B) searches of the facility and inmates, Upland Police Department Temporary Holding Facility Operations Manual Sections 900.7: Personal Property: Section 900.8: Holding Cells and Procedure Manual Searches and Re-Search of Prisoner and ☒ ☐ ☐ Cell All prisoners and cells are searched prior to and after use. (C) contraband control, and, Upland Police Department Temporary Holding Facility Operations Manual Sections 900.7: Personal Property: Section 900.8: ☒ ☐ ☐ Holding Cells and Procedure Manual: Searches (D) key control. Upland Police Department Temporary Holding Facility Operations Manual Sections ☒ ☐ ☐ 900.11(b): Assigned Administrator and Procedure Manual: Key Control Each facility administrator shall, at least annually, Upland Police Department Temporary review, evaluate, and make a record of security Holding Facility Operations Manual Section measures. The review and evaluation shall include 900.12: Assigned Administrator internal and external security measures of the facility including security measures specific to prevention of At inspection, it is noted that these reviews sexual abuse and sexual harassment. were not completed; however, the ☒ ☐ ☐ information that would be reviewed is evaluated monthly to ensure the facility is secure. Prior to the completion of this report, this review was completed, documented, and corrected. (7) Emergency procedures include: See Section 1032 (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; (B) escape, disturbances, and the taking of Upland Police Department Temporary hostages; Holding Facility Operations Manual Section 900.11(e) and (j): Assigned Administrator ☒ ☐ ☐ and Procedure Manual: Escapes, Hostage Situations, and Civil Disturbances (C) mass arrests; Upland Police Department Temporary Holding Facility Operations Manual Section 900.11(n) Assigned Administrator and Procedure Manual: Group Arrests ☒ ☐ ☐ Exceeding Holding Facility Capacity In the event of mass arrests, prisoners would be transported directly to County Jail. 4378 San Bernardino Upland PD THJ PRO 20-22 - 5 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; Upland Police Department Temporary Holding Facility Operations Manual Section 900.11(h): Assigned Administrator and ☒ ☐ ☐ Procedure Manual: Citywide or Regional Disasters (E) periodic testing of emergency equipment; Upland Police Department Temporary and, Holding Facility Operations Manual Section 900.11(k): Assigned Administrator and Procedure Manual: Alarm Test Procedure ☒ ☐ ☐ Testing of emergency equipment is completed monthly by the administrative sergeant as part of their facility inspection. (F) storage, issue, and use of weapons, Upland Police Department Temporary ammunition, chemical agents, and related Holding Facility Operations Manual Section security devices. ☒ ☐ ☐ 900.5.7: Firearms and Other Security Measures (8) Suicide Prevention. See Section 1030 ☒ ☐ ☐ (9) Segregation of Inmates. Upland Police Department Temporary Holding Facility Operations Manual Section 900.4.1: Screening and Procedure Manual ☒ ☐ ☐ Classification and Segregation and Segregation (10) Zero tolerance in the prevention of sexual Upland Police Department Temporary abuse and sexual harassment. Holding Facility Operations Manual Section ☒ ☐ ☐ 902.2: PREA Policy and Procedure Manual: PREA-Prison Rape Elimination Act (11) Policy and procedure to detect, prevent, and Upland Police Department Temporary respond to retaliation against any staff or inmate Holding Facility Operations Manual Section after reporting any abuse. ☒ ☐ ☐ 902.6: Retaliation Prohibited and Procedure Manual: PREA-Prison Rape Elimination Act (e) The manual for Temporary Holding, Court Holding, Upland Police Department Temporary Type I, II, III, and IV facilities shall provide for, but not Holding Facility Operations Manual Section be limited to, the following: 902.4: Reporting Sexual Abuse, (1) multiple internal ways for inmates to privately Harassment, and Retaliation report sexual abuse and sexual harassment, retaliation by other inmates or staff for reporting Prisoners may report verbally, in writing, privately, or anonymously. 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, Upland Police Department Temporary community members, and other interested third- Holding Facility Operations Manual Section parties to report sexual abuse or sexual 902.4: Reporting Sexual Abuse, harassment. The method for reporting shall be Harassment, and Retaliation and Procedure publicly posted at the facility. ☒ ☐ ☐ Manual: PREA-Prison Rape Elimination Act Information is also available on the agency’s website. 4378 San Bernardino Upland PD THJ PRO 20-22 - 6 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1030 SUICIDE PREVENTION PROGRAM Upland Police Department Temporary Holding Facility Operations Manual Section 900.3.1: Individuals Who Should Not Be in The facility shall have a comprehensive written suicide Temporary Custody: Section 900.4: prevention program developed by the facility Initiating Temporary Custody and Section administrator, in conjunction with the health authority 900.11: Training and Procedure Manual: and mental health director, to identify, monitor, and Suicide Recognition and Prevention provide treatment to those inmates who present a suicide risk. The program shall include the following: ☒ ☐ ☐ If a person is found to be suicidal at any time, they are not to be brought into the Temporary Holding Facility. If they are found to later be suicidal, they will be placed on a constant visual and immediately transported to the local hospital for clearance. (Arrowhead Hospital for MH) (a) Suicide prevention training for all staff that have Upland Police Department Temporary direct contact with inmates. Holding Facility Operations Manual Section 900.11: Training ☒ ☐ ☐ Personnel who have supervision duties are trained initially and provided with refresher training. (b) Intake screening for suicide risk immediately upon Upland Police Department Temporary intake and prior to housing assignment. Holding Facility Operations Manual Section 900.4: Initiating Temporary Custody and Procedure Manual: Medical Screening ☒ ☐ ☐ Medical screenings were provided and reviewed. All prisoners are screened prior to entry into the THF. If they exhibit any signs or report being suicidal, they are taken directly to the hospital. (c) Provisions facilitating communication among Upland Police Department Temporary arresting/transporting officers, facility staff, medical Holding Facility Operations Manual Section and mental health personnel in relation to suicide risk. 900.4: Initiating Temporary Custody and 900.4.1: Screening and Placement and Procedure Manual: Medical Screening Any answer in the positive to screening ☒ ☐ ☐ questions, requires Watch Commander involvement. Per the jail administrator, arresting officers communicate with each other when a prisoner is in the facility or if there is a transfer of supervision from one officer to another. (d) Housing recommendations for inmates at risk of Upland Police Department Temporary suicide. Holding Facility Operations Manual Section 900.4: Initiating Temporary Custody and Procedure Manual: Medical Screening ☒ ☐ ☐ Detention and housing will be determined by the Watch Commander. 4378 San Bernardino Upland PD THJ PRO 20-22 - 7 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Supervision depending on level of suicide risk. Upland Police Department Temporary Holding Facility Operations Manual Section 900.4: Initiating Temporary Custody and Section 900.3.1: Individuals Who Should Not Be in Temporary Custody and Procedure Manual: Suicide Recognition and Prevention ☒ ☐ ☐ If a prisoner is found to be at risk once in the facility, an officer would provide continuous supervision until they are removed and transported to the appropriate facility. Emergency Medical Response would conduct all transportation. (f) Suicide attempt and suicide intervention policies Upland Police Department Temporary and procedures. Holding Facility Operations Manual Section ☒ ☐ ☐ 900.8: Holding Cells and Procedure Manual: Suicide Recognition and Prevention (g) Provisions for reporting suicides and suicides Upland Police Department Temporary attempts. Holding Facility Operations Manual Section 900.9: Suicide Attempt, Death, or Serious ☒ ☐ ☐ Injury and Procedure Manual: Suicide /Suicide Attempts and Reporting (h) Multi-disciplinary administrative review of suicides Upland Police Department Temporary and attempted suicides as defined by the facility Holding Facility Operations Manual Section administrator. 900.9: Suicide Attempt, Death, or Serious ☒ ☐ ☐ Injury and Procedure Manual: Suicide /Suicide Attempts and Reporting 1032 FIRE SUPPRESSION PREPLANNING Upland Police Department Temporary Holding Facility Operations Manual Section 900.11(g): Assigned Administrator and Pursuant to Penal Code Section 6031.1(b), the facility Procedure Manual Fire and Evacuation administrator shall consult with the local fire department ☒ ☐ ☐ Procedures 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 Upland Police Department Temporary fire department to be included as part of the policy and Holding Facility Operations Manual Section procedures manual (Title 15, California Code of 900.11(g): Assigned Administrator and ☒ ☐ ☐ Regulations Section 1029); Procedure Manual Fire and Evacuation Procedures (b) regular fire prevention inspections by facility staff on Upland Police Department Temporary a monthly basis with two-year retention of the inspection Holding Facility Operations Manual Section record; 900.12(g): Assigned Administrator ☒ ☐ ☐ We noted a few months missing, however, all of the 2022 viewed documents have been completed. This issue appears to have been corrected by the new administrator. 4378 San Bernardino Upland PD THJ PRO 20-22 - 8 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) fire prevention inspections as required by Health and Upland Police Department Temporary Safety Code Section 13146.1(a) and (b) which requires Holding Facility Operations Manual Section inspections at least once every two years; 900.11(g): Assigned Administrator and Procedure Manual: Fire Inspection of Detention Facility ☒ ☐ ☐ The fire Inspection report provided, dated October 21, 2021, by the San Bernardino County Fire Department was clear. An additional Fire Inspection Report was completed on November 22, 2022, and fire clearance was granted. (d) an evacuation plan; and, Upland Police Department Temporary Holding Facility Operations Manual Section 900.11(g): Assigned Administrator and Procedure Manual: Fire Inspection of ☒ ☐ ☐ Detention Facility The facility has evacuation routes posted. (e) a plan for the emergency housing of inmates in the Upland Police Department Temporary case of fire. Holding Facility Operations Manual Section 900.11(g): Assigned Administrator and Procedure Manual: Fire Inspection of Detention Facility ☒ ☐ ☐ Prisoners would be transported to the County Jail in the event the facility was inhabitable. 1044 INCIDENT REPORTS Upland Police Department Temporary Holding Facility Operations Manual Section 900.5.8: Reporting Physical Harm or Each facility administrator shall develop written policies Serious Threat of Physical Harm and and procedures for the maintenance of written records Procedure Manual: Incident Reports and reporting of all incidents which result in physical harm, or serious threat of physical harm, to an ☒ ☐ ☐ There were no incident reports provided. If employee or inmate of a detention facility or other an incident report is written, it would be person. written by the booking officer and documented as a supplemental report to the originating crime report and maintained with those records. Such records shall include the names of the persons Upland Police Department Temporary involved, a description of the incident, the actions Holding Facility Operations Manual Section taken, and the date and time of the occurrence. 900.5.8: Reporting Physical Harm or ☒ ☐ ☐ Serious Threat of Physical Harm and Procedure Manual: Incident Reports Such a written record shall be prepared by the staff Upland Police Department Temporary assigned to investigate the incident and submitted to Holding Facility Operations Manual Section the facility manager or his/her designee. 900.5.8: Reporting Physical Harm or ☒ ☐ ☐ Serious Threat of Physical Harm and Procedure Manual: Incident Reports 4378 San Bernardino Upland PD THJ PRO 20-22 - 9 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY Upland Police Department Temporary Holding Facility Operations Manual Section 900.9: Suicide Attempt, Death, or Serious Death in Custody Reviews for Adults and Minors. Injury and Procedure Manual: Death of The facility administrator, in cooperation with the health Prisoners administrator, shall develop written policy and procedures to ensure that there is an initial review of ☒ ☐ ☐ There has been no death in custody for the every in-custody death within 30 days. The review 2020-2022 cycle. 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 Upland Police Department Temporary appropriateness of clinical care; whether changes to Holding Facility Operations Manual Section policies, procedures, or practices are warranted; and to 900.9: Suicide Attempt, Death, or Serious identify issues that require further study. Injury and Procedure Manual: Death of ☒ ☐ ☐ Prisoners (b) Death of a Minor Upland Police Department Temporary In any case in which a minor dies while detained in a jail, Holding Facility Operations Manual Section lockup, or court holding facility: 312.13: Suicide Attempt, Death, or Serious ☒ ☐ ☐ Injury of a Juvenile and Procedure Manual: Suicide Attempt, Death, or Serious Injury of a Juvenile (1) The administrator of the facility shall provide to Upland Police Department Temporary the Board a copy of the report submitted to the Holding Facility Operations Manual Section Attorney General under Government Code Section 312.13: Suicide Attempt, Death, or Serious 12525. A copy of the report shall be submitted within ☒ ☐ ☐ Injury of a Juvenile and Procedure Manual: 10 calendar days after the death. Suicide Attempt, Death, or Serious Injury of a Juvenile (2) Upon receipt of a report of death of a minor from Upland Police Department Temporary the administrator, the Board may within 30 calendar Holding Facility Operations Manual Section days inspect and evaluate the jail, lockup, or court 312.13: Suicide Attempt, Death, or Serious holding facility pursuant to the provisions of this Injury of a Juvenile and Procedure Manual: ☒ ☐ ☐ subchapter. Any inquiry made by the Board shall be Suicide Attempt, Death, or Serious Injury of limited to the standards and requirements set forth a Juvenile in these regulations. 1050 CLASSIFICATION PLAN Upland Police Department Temporary Holding Facility Operations Manual Section 900.4.1: Screening and Placement and Each administrator of a temporary holding, Type I, II, or Procedure Manual: Classifications and III facility shall develop and implement a written Segregations classification plan designed to properly assign inmates to housing units and activities according to the Prisoners are held for no longer than categories of sex, age, criminal sophistication, necessary. seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being If classification becomes necessary, the sexually abused, or sexually harassed and other criteria facility utilizes an Inmate Classification which will provide for the safety of the inmates and staff. ☒ ☐ ☐ Form. This document contains all Such housing unit assignment shall be accomplished to classification criteria as required. the extent possible within the limits of the available Documentation of completed forms was number of distinct housing units or cells in a facility. provided. All were thoroughly completed. 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.) 4378 San Bernardino Upland PD THJ PRO 20-22 - 10 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS In deciding whether to assign an inmate to a housing Upland Police Department Temporary area for male or female inmates, and in making other Holding Facility Operations Manual Section housing and programming assignments, the agency 900.4.1: Screening and Placement and shall consider on a case-by-case basis whether a Procedure Manual: Classifications and placement would ensure the inmate's health and Segregations ☒ ☐ ☐ 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 Upland Police Department Temporary Holding Facility Operations Manual Section 900.3.1: Holding Cells, 900.4.1(e): Initiating The facility administrator, in cooperation with the Temporary Custody and Procedure Manual responsible physician, shall develop written policies ☒ ☐ ☐ Sections: Mandatory Transport and Medical and procedures specifying those symptoms that Screening require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be Upland Police Department Temporary made of the person being booked as to whether or not Holding Facility Operations Manual Section he/she has or has had any communicable diseases, 900.3.1: Holding Cells, 900.4.1(e): Initiating such as tuberculosis or has observable symptoms of Temporary Custody and Procedure Manual tuberculosis or any other communicable diseases, or Sections: Mandatory Transport and Medical other special medical problem identified by the health Screening ☒ ☐ ☐ authority. The response shall be noted on the booking form and/or screening device. Random medical screening forms were reviewed to ensure compliance with regulatory expectations. All were completed at booking and were completed thoroughly. 1052 MENTALLY DISORDERED INMATES Upland Police Department Temporary Holding Facility Operations Manual Section 900.4.1: Screening and Placement and The facility administrator, in cooperation with the Procedure Manual Sections: Mandatory responsible physician, shall develop written policies Transport and Medical Screening and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. ☒ ☐ ☐ Mentally disordered persons are segregated from other inmates and immediately transported to the County Jail or psychiatric hospital. The remainder of this section does not apply. If an evaluation from medical or mental health staff is NA not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary, to protect the NA safety of the inmate or others. ☐ ☐ ☒ See above. 4378 San Bernardino Upland PD THJ PRO 20-22 - 11 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION Upland Police Department Temporary Holding Facility Operations Manual Section 900.4.1: Screening and Placement and Except in Type IV facilities, each facility administrator Procedure Manual Sections: Mandatory shall develop written policies and procedures which Transport and Medical Screening provide for the administrative segregation of inmates who are determined to be prone to: promote activity or If a person requires to be administratively behavior that is criminal in nature or disruptive to segregated, they are transported to the facility operations; demonstrate influence over other County Jail. 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 Upland Police Department Temporary and secure housing but shall not involve any other Holding Facility Operations Manual Section deprivation of privileges than is necessary to obtain the 900.4.1: Screening and Placement and ☒ ☐ ☐ objective of protecting the inmates and staff. Procedure Manual Sections: Mandatory Transport and Medical Screening 1055 USE OF SAFETY CELL There is no Safety Cell at the Upland Police Department. Prisoners in need of a Safety Cell will be immediately transported to the The safety cell described in Title 24, Part 2, Section County Jail or to a hospital. 1231.2.5, shall be used to hold only those inmates who ☐ ☐ ☒ display behavior which results in the destruction of The remainder of this section does not property or reveals an intent to cause physical harm to apply. self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may ☐ ☐ ☒ delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as a substitute for treatment. ☐ ☐ ☒ An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible health care staff; continued retention shall ☐ ☐ ☒ be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or ☐ ☐ ☒ at the next daily sick call, whichever is earliest. The inmate shall be medically cleared for continued retention every 24 hours thereafter. ☐ ☐ ☒ The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff ☐ ☐ ☒ on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be ☐ ☐ ☒ documented. Procedures shall be established to assure administration of necessary nutrition and fluids. ☐ ☐ ☒ 4378 San Bernardino Upland PD THJ PRO 20-22 - 12 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific ☐ ☐ ☒ identifiable risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL There is no Sobering Cell at the Upland Police Department. Prisoners in need of a Sobering Cell will be immediately The sobering cell described in Title 24, Part 2, Section transported to the County Jail or to a 1231.2.4, shall be used for the holding of inmates who are a threat to their own safety or the safety of others ☐ ☐ ☒ hospital. due to their state of intoxication and pursuant to written The remainder of this section does not policies and procedures developed by the facility apply. administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical procedures in accordance with section ☐ ☐ ☒ 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every ☐ ☐ ☒ half hour. Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED INMATES Upland Police Department Temporary Holding Facility Operations Manual Section 900.4.1: Screening and Placement and The facility administrator, in cooperation with the Procedure Manual Sections: Mandatory responsible physician, shall develop written policies Transport and Medical Screening and procedures for the identification and evaluation, ☒ ☐ ☐ appropriate classification and housing, protection, and Developmentally Disabled prisoners are nondiscrimination of all developmentally disabled segregated from other inmates and inmates. immediately transported to the County Jail or hospital. The health authority or designee shall contact the Contact with the Regional Center occurs at regional center on any inmate suspected or confirmed the County Jail. to be developmentally disabled for the purposes of ☐ ☐ ☒ diagnosis and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES Upland Police Department Temporary Holding Facility Operations Manual Section 900.6: Use of Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop written policies Restraints beyond handcuffs are not used in and procedures for the use of restraint devices and the facility per the facility administrator. Any may delegate authority to place an inmate in restraints ☒ ☐ ☐ blood draws are conducted outside the jail in to a responsible health care staff. a separate area. The remainder of this section is marked as Not Applicable (NA). 4378 San Bernardino Upland PD THJ PRO 20-22 - 13 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 4378 San Bernardino Upland PD THJ PRO 20-22 - 14 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT INMATES Upland Police Department Temporary Holding Facility Operations Manual Section 900.6.1 Pregnant Adults and Procedure The facility administrator, in cooperation with the Manual Section Use of Force and Restraint responsible physician, shall develop written policies ☒ ☐ ☐ Equipment and procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery Upland Police Department Temporary after delivery shall not be restrained by the use of Holding Facility Operations Manual Section leg irons, waist chains, or handcuffs behind the 900.6.1 Pregnant Adults and Procedure ☒ ☐ ☐ body. Manual Section Use of Force and Restraint Equipment (2) A pregnant inmate in labor, during delivery, or Upland Police Department Temporary in recovery after delivery, shall not be restrained Holding Facility Operations Manual Section by the wrists, ankles, or both, unless deemed 900.6.1 Pregnant Adults and Procedure ☒ ☐ ☐ necessary for the safety and security of the inmate, Manual Section Use of Force and Restraint the staff, or the public. Equipment (3) Restraints shall be removed when a Upland Police Department Temporary professional who is currently responsible for the Holding Facility Operations Manual Section medical care of a pregnant inmate during a 900.6.1 Pregnant Adults and Procedure medical emergency, labor, delivery, or recovery ☒ ☐ ☐ Manual Section Use of Force and Restraint after delivery determines that the removal of Equipment restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, Upland Police Department Temporary she shall be advised, orally or in writing, of the Holding Facility Operations Manual Section standards and policies governing pregnant 900.6.1 Pregnant Adults and Procedure ☒ ☐ ☐ inmates. Manual Section Use of Force and Restraint Equipment 1067 ACCESS TO TELEPHONE Upland Police Department Temporary Holding Facility Operations Manual Section 900.5.5: Telephone Calls and Procedure The facility administrator shall develop written policies Manual: Booking of Prisoners and Prisoner and procedures which allow reasonable access to a Phone Calls, Visitation, Access to Counsel telephone beyond those telephone calls which are and Discipline required by Section 851.5 of the Penal Code. ☒ ☐ ☐ Individuals have the right to make three calls. Phone calls are made as required. Additional reasonable and necessary phone calls may be made as requested. 1068 ACCESS TO COURTS AND COUNSEL Upland Police Department Temporary Holding Facility Operations Manual Section 900.5.9: Attorneys and Bail Bondsmen and The facility administrator shall develop written policies and procedures to ensure inmates have access to the ☒ ☐ ☐ Procedure Manual: Prisoner Phone Calls, Visitation, Access to Counsel and Discipline court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these Prisoners are not in the THF long enough to regulations, and, request mail. If they ask, the staff will let ☒ ☐ ☐ them write letters. (b) confidential consultation with attorneys. Upland Police Department Temporary Holding Facility Operations Manual Section 900.5.9: Attorneys and Bail Bondsmen and ☒ ☐ ☐ Procedure Manual: Prisoner Phone Calls, Visitation, Access to Counsel and Discipline 4378 San Bernardino Upland PD THJ PRO 20-22 - 15 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY PENALTIES Upland Police Department Temporary Holding Facility Operations Manual Section 900.5.10: Discipline and Procedure Manual: Wherever discipline is administered, each facility Prisoner Phone Calls, Visitation, Access to administrator shall establish written rules and Counsel and Discipline disciplinary penalties to guide inmate conduct. ☒ ☐ ☐ Discipline will not be administered to any individual in custody. This entire section is marked as NA. 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. 1081 PLAN FOR INMATE DISCIPLINE Upland Police Department Temporary Holding Facility Operations Manual Section 900.5.10: Discipline and Procedure Manual: If discipline is NOT administered, written policy Prisoner Phone Calls, Visitation, Access to should indicate as such. If discipline is Counsel and Discipline administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Discipline will not be administered to any individual in custody. This entire section is Each facility administrator shall develop written policies marked as NA. 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. 4378 San Bernardino Upland PD THJ PRO 20-22 - 16 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 6. The inmate shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the disciplinary ☐ ☐ ☒ action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a supervisor on all disciplinary action. ☐ ☐ ☒ (c) Nothing in this section precludes a facility administrator from administratively 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. 4378 San Bernardino Upland PD THJ PRO 20-22 - 17 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE Upland Police Department Temporary Holding Facility Operations Manual Section 900.5.10: Discipline and Procedure Manual: The degree of punitive actions taken by the disciplinary Prisoner Phone Calls, Visitation, Access to officer shall be directly related to the severity of the rule Counsel and Discipline infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: Discipline will not be administered to any (a) Loss of privileges. individual in custody. This entire section is (b) Extra work detail. marked as NA. (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 Upland Police Department Temporary Holding Facility Operations Manual Section 900.5.10: Discipline and Procedure Manual: The Penal Code and the State Constitution expressly Prisoner Phone Calls, Visitation, Access to prohibit all cruel and unusual punishment. Additionally, Counsel and Discipline there shall be the following limitations: (a) If an inmate is on disciplinary separation status for Discipline will not be administered to any 30 consecutive days there shall be a review by the individual in custody. This entire section is facility manager before the disciplinary separation marked as NA. 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. 4378 San Bernardino Upland PD THJ PRO 20-22 - 18 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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. (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 Upland Police Department Temporary Holding Facility Operations Manual Section 900.5.10: Discipline and Procedure Manual: Penal Code Section 4019.5 requires that a record is Prisoner Phone Calls, Visitation, Access to kept of all disciplinary infractions and punishment Counsel and Discipline administered, therefore. This requirement may be ☐ ☐ ☒ satisfied by retaining copies of rule violation reports Discipline will not be administered to any and report of the disposition of each. individual in custody. This entire section is marked as NA. 4378 San Bernardino Upland PD THJ PRO 20-22 - 19 - A352 TH PRO eff. 1/2019 (18-20).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 jail cells? If YES, see the remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that The annual survey states juveniles may be held in hold minors in secure detention in the jail. Title 15, both secure and non-secure status. 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 Upland Police Department Temporary MINOR IN AN ADULT DETENTION FACILITY Holding Facility Operations Manual Section 312.13: Suicide Attempt, Death, or Serious Injury of a Juvenile and Procedure Manual: The facility administrator shall develop policy and Serious Illness or Injury of Minor in an Adult ☒ ☐ ☐ procedures for notification of the court of jurisdiction and Facility 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 Upland Police Department Temporary Holding Facility Operations Manual Section The facility administrator shall develop written policies 312 – Temporary Custody of Juveniles ☒ ☐ ☐ and procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; Upland Police Department Temporary Holding Facility Operations Manual Section 312.3.2: Suicide Prevention of Juveniles in Custody and Procedure Manual Sections: ☒ ☐ ☐ Juveniles Who Should Not Be Held, Suicide Risk and Prevention and Suicide Attempt, Death or Serious Injury of a Juvenile 4378 San Bernardino Upland PD THJ PRO 20-22 - 20 - A352 TH PRO eff. 1/2019 (18-20).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) use of restraints; Upland Police Department Temporary Holding Facility Operations Manual Section 312.10: Use of Restraint Devices and ☒ ☐ ☐ Procedure Manual: Use of Restraint Devices (Juveniles) (c) emergency medical assistance and services; Upland Police Department Temporary and, Holding Facility Operations Manual Section 312.3.1: Emergency Medical Care of ☒ ☐ ☐ Juveniles in Custody and Procedure Manual: Medical Assistance (d) prohibiting use of discipline. Upland Police Department Temporary Holding Facility Operations Manual Section ☒ ☐ ☐ 312.8(o): Temporary Custody Requirements and Procedure Manual: Discipline 1143 CARE OF MINORS IN TEMPORARY Upland Police Department Temporary CUSTODY Holding Facility Operations Manual Section 312 – Temporary Custody of Juveniles ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; Upland Police Department Temporary Holding Facility Operations Manual Section ☒ ☐ ☐ 312.8 (e) (2) one snack upon request during term of Upland Police Department Temporary temporary custody if the minor has not eaten within Holding Facility Operations Manual Section the past four (4) hours or is otherwise in need of ☒ ☐ ☐ 312.8(f) nourishment; (3) access to drinking water; and, Upland Police Department Temporary Holding Facility Operations Manual Section ☒ ☐ ☐ 312.8(g) (4) privacy during consultation with family, guardian, Upland Police Department Temporary and/or lawyer. Holding Facility Operations Manual Section ☒ ☐ ☐ 312.8 (i) (5) blankets and clothing, as necessary, to assure Upland Police Department Temporary the comfort of the minor; and, Holding Facility Operations Manual Section ☒ ☐ ☐ 312.8(k) (6) his or her personal clothing unless the clothing is Upland Police Department Temporary inadequate, presents a health or safety problem, or Holding Facility Operations Manual Section ☒ ☐ ☐ is required to be utilized as evidence of an offense. 312.8(j) 1144 CONTACT BETWEEN MINORS AND Upland Police Department Temporary ADULT PRISONERS Holding Facility Operations Manual Section 312.7: No-Contact Requirements and The facility administrator shall establish policies and ☒ ☐ ☐ Procedure Manual: No Contact Requirements 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 Upland Police Department Temporary occur, such as booking or facility movement, facility Holding Facility Operations Manual Section staff (trained in the supervision of inmates) shall 312.7: No-Contact Requirement and ☒ ☐ ☐ maintain a constant, side-by-side presence with the Procedure Manual: No Contact minor or the adult to prevent sustained contact. Requirements 4378 San Bernardino Upland PD THJ PRO 20-22 - 21 - A352 TH PRO eff. 1/2019 (18-20).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 1145 DECISION ON SECURE CUSTODY Upland Police Department Temporary Holding Facility Operations Manual Section 312.12: Secure Custody and Procedure A minor who is taken into temporary custody by a peace Manual: Secure Custody 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 Upland Police Department Temporary presents a serious security risk of harm to self or Holding Facility Operations Manual Section others, the officer may take into account the following 312.12(a): Secure Custody and Procedure factors: ☒ ☐ ☐ Manual: Secure Custody (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor Upland Police Department Temporary was taken into custody; Holding Facility Operations Manual Section ☒ ☐ ☐ 312.12(b): Secure Custody and Procedure Manual: Secure Custody (c) minor's behavior, including the degree to which Upland Police Department Temporary the minor appears to be cooperative or non- Holding Facility Operations Manual Section cooperative; ☒ ☐ ☐ 312.12(c): Secure Custody and Procedure Manual: Secure Custody (d) the availability of staff to provide adequate Upland Police Department Temporary supervision or protection of the minor; and, Holding Facility Operations Manual Section ☒ ☐ ☐ 312.12(d): Secure Custody and Procedure Manual: Secure Custody (e) the age, type, and number of other individuals Upland Police Department Temporary who are detained in the facility. Holding Facility Operations Manual Section ☒ ☐ ☐ 312.12(e): Secure Custody and Procedure Manual: Secure Custody 1146 CONDITIONS OF SECURE CUSTODY Upland Police Department Temporary Holding Facility Operations Manual Section While in secure custody, minors may be locked in a 312.12: Secure Custody and Procedure room or other secure enclosure, secured to a cuffing rail, Manual: Secure Custody ☒ ☐ ☐ or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 4378 San Bernardino Upland PD THJ PRO 20-22 - 22 - A352 TH PRO eff. 1/2019 (18-20).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 1147 SUPERVISION OF MINORS IN SECURE Upland Police Department Temporary CUSTODY INSIDE A LOCKED Holding Facility Operations Manual Section ENCLOSURE 312.12.1: Locked Enclosures and Procedure ☒ ☐ ☐ Manual: Secure Custody (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the Upland Police Department Temporary minor; and, Holding Facility Operations Manual Section ☒ ☐ ☐ 312.121.1(a): Locked Enclosures and Procedure Manual: Locked Enclosures (2) safety checks, as defined in Section 1006, of Upland Police Department Temporary the minor by staff of the law enforcement facility, Holding Facility Operations Manual Section at least once every 30 minutes, which shall be 312.12.1(d): Locked Enclosures and documented. Procedure Manual: Locked Enclosures ☒ ☐ ☐ If youth were to be in secure detention, Safety checks would be conducted every 15 minutes. (b) Males and females shall not be placed in the Upland Police Department Temporary same locked room unless under constant direct Holding Facility Operations Manual Section visual observation by staff of the law enforcement ☒ ☐ ☐ 312.12.1(e) and Procedure Manual: Locked facility. Enclosures 1148 SUPERVISION OF MINORS IN SECURE Upland Police Department Temporary CUSTODY OUTSIDE OF A LOCKED Holding Facility Operations Manual Section ENCLOSURE 312.12: Secure Custody and Procedure Manual: Secure Custody 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 Upland Police Department Temporary direct visual observation to assure the minor's safety Holding Facility Operations Manual Section while secured to a stationary object. ☒ ☐ ☐ 312.12: Secure Custody and Procedure Manual: Secure Custody Securing minors to a stationary object for longer than Upland Police Department Temporary 60 minutes, and every 30 minutes thereafter, shall be Holding Facility Operations Manual Section approved by a supervisor. ☒ ☐ ☐ 312.12: Secure Custody and Procedure Manual: Secure Custody The decision for securing a minor to a stationary object Upland Police Department Temporary for longer than 60 minutes, and every 30 minutes Holding Facility Operations Manual Section thereafter shall be based upon the best interests of the ☒ ☐ ☐ 312.12: Secure Custody and Procedure minor and shall be documented. Manual: Secure Custody 1149 CRITERIA FOR NON-SECURE CUSTODY Upland Police Department Temporary Holding Facility Operations Manual Section 312.4.3: Custody of Juveniles and Procedure Minors held in temporary custody, who do not meet Manual: Custody of Juvenile Offenders the criteria for secure custody as specified in Section 207.1(d) of the Welfare and Institutions Code, may be ☒ ☐ ☐ held in non-secure custody to investigate the case, Very few youth have been held over the facilitate release of the minor to a parent or guardian, course of this cycle. Those who have been or arrange for transfer of the minor to an appropriate held, have been held non-securely. juvenile facility. 4378 San Bernardino Upland PD THJ PRO 20-22 - 23 - A352 TH PRO eff. 1/2019 (18-20).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 1150 SUPERVISION OF MINORS IN NON- Upland Police Department Temporary SECURE CUSTODY Holding Facility Operations Manual Section 312.1.1: Definitions, Non-secure custody and Section 312.6: Juvenile Custody Logs Minors held in non-secure custody shall receive constant 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 ANY Upland Police Department Temporary INTOXICATING SUBSTANCE IN SECURE OR NON- Holding Facility Operations Manual Section SECURE CUSTODY 312.3: Juveniles Who Shall Not Be Held and Procedure Manual: Juveniles Who Should Facility administrators shall develop policies and Not Be Held ☒ ☐ ☐ 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 Upland Police Department Temporary room who display outward signs of being under the Holding Facility Operations Manual Section influence of drugs, alcohol or any other intoxicating 312.12.1: Locked Enclosures and substance shall include safety checks at least once Procedure Manual: Juvenile Custody Logs every 15 minutes until resolution of the intoxicated state or release. These safety checks shall be ☒ ☐ ☐ The policy requires unscheduled safety documented, with actual time of occurrence recorded. checks to occur no less than every 15 minutes regardless of if the youth is intoxicated or not. There were no youths held in secure detention. Supervision of minors in secure custody outside of a Upland Police Department Temporary locked room who display outward signs of being under Holding Facility Operations Manual Section the influence of drugs, alcohol or any other intoxicating 312.12.: Secure Custody substance shall be supervised in accordance with Section 1148. ☒ ☐ ☐ The policy requires direct supervision if a youth is handcuffed to a fixed object regardless of if the youth is intoxicated or not. Supervision of minors in nonsecure custody who Upland Police Department Temporary display outward signs of being under the influence of Holding Facility Operations Manual Section drugs, alcohol or any other intoxicating substance shall 312.1.1: Definitions, Non-secure custody be supervised in accordance with Section 1150. ☒ ☐ ☐ The policy requires direct supervision of a youth held in non-secure custody regardless of if the youth is intoxicated or not. 4378 San Bernardino Upland PD THJ PRO 20-22 - 24 - A352 TH PRO eff. 1/2019 (18-20).dot Facility administrators must be aware of the requirements of WIC 207.1(d) 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(d)(1)(A) TEMPORARY CUSTODY There were very few youths held over the course of the period reviewed. All logs and reports were reviewed and were found to Minors (14 years of age and older) are held only for meet regulatory expectations. investigating the case, facilitating release to a ☒ ☐ ☐ parent or guardian, or arranging transfer to an appropriate juvenile facility. Number of violations: 0 207.1(d)(1)(B) SECURE CUSTODY One youth was noted as being held in secure detention. This was an error and documented incorrectly. The issue was Minors have been detained in secure custody in the corrected. law enforcement facility for longer than six hours. ☒ ☐ ☐ Number of violations: 0 207.1(d)(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, and of the maximum six-hour period and secure detention is authorized to last. Number of violations: 0 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND We are unaware of any contact between ADULTS minors and adults. Contact between the minor and adults confined in ☒ ☐ ☐ the facility is restricted in accordance with WIC Section 208. Number of violations: 0 207.1(d)(1)(E) SUPERVISION Youth in supervision are held non-securely and are supervised under direct supervision by the officer. The minor is adequately supervised. ☒ ☐ ☐ Number of violations: 0 207.1(d)(1)(F) LOGS There were no secure detentions. 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 minor was securely detained. Number of violations:0 207.1(d)(2) NON-SECURE CUSTODY One youth was held for over six hours as a courtesy hold for return to their parents as a runaway. The youth was held non-securely. Minors have been detained in non-secure custody in the law enforcement facility for longer than six ☒ ☐ ☐ hours. Number of violations: 0 4378 San Bernardino Upland PD THJ PRO 20-22 - 25 - A352 TH PRO eff. 1/2019 (18-20).dot BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 4378 FACILITY: Upland Police Department TYPE: TH RC: (12) FIELD REPRESENTATIVE: Lisa Southwell DATE: August 23, 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 Holding 1988 3 1 4 (12) 7.5' X 11.0' 1 1 1 Notes: 1. There is also a small booking/receiving area with a 4' x 13' non-rated booking cage. 2. Toilets, washbasins, and fountains are available in an accessible room when needed. 3. There are two additional, non-rated interview rooms; one is currently used for Live Scan. 4. Cells are under video and audio monitoring from the watch commander’s office and in Dispatch. 5. Each cell has a bunk which is used as a bench to determine capacity. *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. 4378 San Bernardino Upland PD THJ LASE 20-22 - 1 - A360 LAS Adult.dot (9/98) 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: 4378 FACILITY NAME: Upland Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1988 FIELD REPRESENTATIVE: Lisa Southwell DATE: August 23, 2022 ARTICLE/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 Accessible in a separate room. Wash basin accessible X Accessible in a separate room. Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 Held for less than 4 hours. and 0600 (Later, less restrictive 1994 standards only X require a bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) External to the security area and equipped with X individual compartments, locks and keys Detoxification Cells (WA) (2.4) None. X Safety Cells (WA) (2.5) None. X Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) X 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 4378 San Bernardino Upland PD THJ PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (9/98)