San Diego Carlsbad PD Inspection Rpt 20-22 TH (2020-2022 inspection cycle)

January 19, 2023 Mickey Williams, Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 2020-2022 BIENNIAL INSPECTION OF CARLSBAD POLICE DEPARTMENT TEMPORARY HOLDING FACILITY, 6031 PC & 209 WIC Dear Chief Williams, On November 8, 2022, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of your Police Department’s Temporary Holding Facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuit 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 design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections 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 INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Department and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your department under a separate cover. Each of the local inspections were current. Mickey Williams Chief Page 2 Inspection Date Fire and Life Safety 0/24/2020 Medical and Mental Health 04/16/2021 Environmental Health 04/16/2021 Nutrition N/A BSCC INSPECTION 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. We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act Compliance The BSCC monitors local detention facilities for compliance with JJDPA. Secure and nonsecure youth are not detained in the jail facility. Secure youth are detained outside the jail facility and nonsecure youth are held in the officer’s report writing room. --- This concludes our inspection report for the 2020-2022 biennial inspection of the Carlsbad Police Department’s Temporary Holding Facility. If you should have any questions, please contact me at (916) 956-5968 or email at michael.bush@bscc.ca.gov. Sincerely, MICHAEL BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Carlsbad* Presiding Judge, Superior Court, County of San Diego* 4610 San Diego Carlsbad PD TH LTR 20-22 Mickey Williams Chief Page 3 Grand Jury Foreman, Superior Court, County of San Diego* Faye Encomienda, Community Service Officer, Carlsbad Police Department Belinda Butcher, Police Ranger, Carlsbad Police Department * Complete copies of this inspection are available at www.bscc.ca.gov. 4610 San Diego Carlsbad PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4610 FACILITY NAME: Carlsbad Police Facility FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Community Service Officer Faye Encomienda and Police Ranger Belinda Butcher FIELD REPRESENTATIVE: Michael J. Bush DATE: 11/08/2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.2.6 TRAING HOLDING FACILITY TRAINING Supervisory custodial personnel (Watch Commanders) who are responsible for the Custodial personnel who supervise inmates in, and temporary holding facility shall satisfactorily supervisors of, a Court Holding or Temporary Holding complete eight (8) hours of specialized training facility shall complete 8 hours of specialized training. Such and shall complete eight hours of refresher training shall include, but not be limited to: training every two years. (a)applicable minimum jail standards; (b)jail operations liability; ☒ ☐ ☐ All police officers will receive training in the operations and procedures of the temporary (c)inmate segregation; holding facility as an element of the Field (d) emergency procedures and planning, fire, and life Training Officer (F.T.O.) Program. 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 900.2.6 TRAING any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. BSCC reviewed and verified staff records. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once Refresher course completed. every two years. Successful completion of the requirements ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. 1027 NUMBER OF PERSONNEL 900.2.7 SUPERVISION OF INMATES A sufficient number of personnel shall be employed in each ☒ ☐ ☐ The arresting officer is responsible for the local detention facility to ensure the implementation and arrestee while in the facility. operation of the programs and activities required by these 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. 4610 San Diego Carlsbad 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 900.2.7 SUPERVISION OF INMATES least one employee on duty at all times in a local detention facility or in the building which houses a local detention The Watch Commander has the ultimate facility who shall be immediately available and accessible to ☒ ☐ ☐ responsibility for the custody of all inmates and inmates in the event of an emergency. the operation of the temporary holding facility during day-to-day operations. No inmates are to be left in the facility without custodial personnel immediately accessible. Such an employee shall not have any other duties which 900.2.7 SUPERVISION OF INMATES would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Arresting officers are responsible for their prisoners. Whenever one or more female inmates are in custody, there 900.2.7 SUPERVISON OF INMATES shall be at least one female employee who shall be immediately available and accessible to such females. Whenever one or more female inmates are in Note: Reference PC§ 4021. custody, there shall be at least one female ☒ ☐ ☐ custodial officer who shall, in like manner, be immediately available and accessible to female inmates. To determine if there is a sufficient number of personnel for The arresting officer is responsible for the a specific facility, the facility administrator shall prepare and arrestee while in the facility. retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.2.1 Safety checks shall be conducted at least hourly through ☒ ☐ ☐ BSCC staff reviewed and verified 10 months direct visual observation of all inmates. There shall be no of observation logs. Each log was within the more than a 60-minute lapse between safety checks. regulation standard 60-minutes time frame. There is a written plan that includes the documentation of 900.2.1 routine safety checks. The Watch Commander or his designee will make inspections of all inmates every half hour. ☒ ☐ ☐ The inspector will initial and indicate the time of inspection for each inmate in the detention log. If an officer has had continuous observation of a prisoner, the officer may indicate so on the detention log. 1028 FIRE AND LIFE SAFETY STAFF 900.4 FIRE SAFETY Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ A Watch commander is always on duty in the least one person on duty at all times who meets the training station whenever a prisoner is present. 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 900.4 F6 person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 4610 San Diego Carlsbad 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 1029 POLICY AND PROCEDURES MANUAL 2 Lexipol Policy. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.2.5 INSPECTIONS administrator/manager. Watch Commander, and monthly inspections ☒ ☐ ☐ by the Facility Manager or his designee. Inspections will be conducted to determine the facility sanitation, safety and maintenance condition. (3) Policy on the use of force. ☒ ☐ ☐ 300 USE OF FORCE (4) Policy on the use of restraint equipment, including the Restraints are not used in the facility. restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Known pregnant females will not be detained in Section 3407. the facility. (5) Procedure and criteria for screening newly received 900.8.1 RECEIVING SCREENING inmates for release per Penal Code sections 849(b)(2) and 853.6, and any other such processes as the facility The following classes of arrestees SHALL NOT administrator is empowered to use. BE DETAINED in the Holding Facility: • pregnant or lactating females • combative persons • mentally disturbed persons • persons with known communicable diseases • an arrestee requiring medical t or that is taking medication • an arrestee contemplating suicide ☒ ☐ ☐ • developmentally disabled or ha • anyone with diabetes or epilepsy • persons infested with vermin • Any person suspected of being agent, psychotropic medication, narcotics, sedatives, tranquilizers, anti-neoplastic (cancer) drugs, research medication or any person suffering from withdrawals of the above. Arrestees are taken to county jail if the arresting officer determines that the arrestee falls into one of the above classes. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4610 San Diego Carlsbad 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 (6) Security and control including: ☒ ☐ ☐ 900.8.4 SECURITY AND CONTROL (A) physical counts of inmates, ☒ ☐ ☐ 900.8.4 SECURITY AND CONTROL (B) searches of the facility and inmates, ☒ ☐ ☐ 900.8.2 SECURITY AND CONTROL (C) contraband control, and ☒ ☐ ☐ 900.8 INTAKE PROCEDURES (D) key control. ☒ ☐ ☐ 900.8.4 SECURITY AND CONTROL Each facility administrator shall, at least annually, review, evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 900.10.2 EMERGENCY PRO0CEDURES (A) fire suppression preplan as required by section ☒ ☐ ☐ 900.4 Fire Safety 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.10.2 EMERGENCY PRO0CEDURES (C) mass arrests; ☒ ☐ ☐ 900.10.2 EMERGENCY PRO0CEDURES (D) natural disasters; ☒ ☐ ☐ 900.10.2 EMERGENCY PRO0CEDURES (E) periodic testing of emergency equipment; and ☒ ☐ ☐ 900.10.2 EMERGENCY PRO0CEDURES (F) storage, issue, and use of weapons, ammunition, 900.10.2 EMERGENCY PRO0CEDURES ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. 900.10.4 NON-DETAINABLE PRISONERS ☒ ☐ ☐ 900.8.1 RECEIVING SCREENING (9) Segregation of Inmates. ☒ ☐ ☐ 900.9.3 ADMINISTRATIVE SEGREGATION (10) Zero tolerance in the prevention of sexual abuse and 904 PRISON RAPE ELIMINATION ACT ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 904 PRISON RAPE ELIMINATION ACT to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 904 PRISON RAPE ELIMINATION ACT Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, 904 PRISON RAPE ELIMINATION ACT community members, and other interested third parties to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.10.4 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, A prisoner who is or may be contemplating in conjunction with the health authority and mental health ☒ ☐ ☐ suicide will not be detained in the Temporary director, to identify, monitor, and provide treatment to those Holding Facility. They will be transported to the inmates who present a suicide risk. The program shall county jail or the county mental health facility, include the following: as appropriate. (a) Suicide prevention training for all staff that have direct ☒ ☐ ☐ contact with inmates. 4610 San Diego Carlsbad 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 (b) Intake screening for suicide risk immediately upon ☒ ☐ ☐ intake and prior to housing assignment. (c) Provisions facilitating communication among arresting/transporting officers, facility staff, medical and ☐ ☐ ☒ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☐ ☐ ☒ (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ (f) Suicide attempt and suicide intervention policies and ☐ ☐ ☒ procedures. (g) Provisions for reporting suicides and suicides attempts. ☐ ☐ ☒ (h) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility ☐ ☐ ☒ administrator. 1032 FIRE SUPPRESSION PREPLANNING 900.4 Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility The Facility Manager, in coordination with the administrator shall consult with the local fire department Fire Department and qualified first aid/CPR having jurisdiction over the facility, with the State Fire instructional personnel, oversee the training of Marshal, or both, in developing a plan for fire suppression all department personnel and ensure that they ☒ ☐ ☐ which shall include, but not be limited to: are familiar with: (a) The Temporary Holding Facility policy and procedures; and Fire safety and evacuation plan including the use of the fire extinguisher. (a) a fire suppression pre-plan developed with the local fire department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a The Facility Supervisor or his/her designee shall monthly basis with two-year retention of the inspection inspect the facility on a monthly basis. The record; ☒ ☐ ☐ results of the monthly inspection shall be documented in writing. The inspection record shall be retained for two years. (c) fire prevention inspections as required by Health and Conducted 06/24/2022. Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and 900.5 EVACUATION FORMATION AREA ☒ ☐ ☐ Posted (e) a plan for the emergency housing of inmates in the case of Transferred to San Diego County Vista Jail. ☒ ☐ ☐ fire. 1044 INCIDENT REPORTS 900.2.8 INCIDENT REPORTS Each facility administrator shall develop written policies and The facility administrator shall maintain a procedures for the maintenance of written records and ☒ ☐ ☐ written record of all incidents which result in reporting of all incidents which result in physical harm, or physical harm, or serious threat of physical serious threat of physical harm, to an employee or inmate of harm, to an employee, inmate or other person. a detention facility or other person. Such records shall include the names of the persons Such records shall include the names of the involved, a description of the incident, the actions taken, and persons involved, a description of the incident, ☒ ☐ ☐ the date and time of the occurrence. the actions taken and the date and time of occurrence. 4610 San Diego Carlsbad 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 Such a written record shall be prepared by the staff assigned Such written record shall be reported and to investigate the incident and submitted to the facility submitted to the facility manager within 24 manager or his/her designee. working hours of the event of an incident. ☒ ☐ ☐ No reported incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person during this cycle. 1046 DEATH IN CUSTODY 900.7.1 DEATH OF A PRISONER (a) Death in Custody Reviews for Adults and Minors. In the event of a fatal injury or death of a The facility administrator, in cooperation with the health prisoner while in custody the Chief of Police administrator, shall develop written policy and procedures or the authorized designee shall report in writing to ensure that there is an initial review of every in-custody ☒ ☐ ☐ to the Attorney General within 10 days after the death within 30 days. The review team shall include the death, all facts in the possession of the facility administrator and/or the facility manager, the health department concerning the death. In all such administrator, the responsible physician and other health cases, the Watch Commander shall be notified care and supervision staff who are relevant to the incident. and will make the appropriate additional notifications as directed in the Temporary Holding Facility manual. Deaths shall be reviewed to determine the appropriateness of A medical and operational review of every in- clinical care; whether changes to policies, procedures, or custody death shall be conducted. The review practices are warranted; and to identify issues that require team shall include the following: further study. Chief of Police or the authorized designee: ☒ ☐ ☐ • The health administrator • The responsible physician And other health care and supervision staff who are relevant to the incident. (b) Death of a Minor Minors are not held in the facility. In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☐ ☐ ☒ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☐ ☐ ☒ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 4610 San Diego Carlsbad 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 1050 CLASSIFICATION PLAN 900.3 CLASSIFICATION AND SEGREGATION (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written The classification describes the assignment of classification plan designed to properly assign inmates to inmates to temporary holding rooms based housing units and activities according to the categories of sex, upon the categories of sex, age, criminal age, criminal sophistication, seriousness of crime charged, sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive assaultive or non-assaultive behavior. behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area The temporary holding facility cells are rated for male or female inmates, and in making other housing and as "single occupancy" cells. In cases of programming assignments, the agency shall consider on a extreme need, and on a temporary basis only, case-by-case basis whether a placement would ensure the several inmates may be detained in each cell ☒ ☐ ☐ inmate's health and safety, and whether the placement would based upon the rated capacity for maximum present management or security problems. An inmate's own numbers of inmates per cell (excluding safety views with respect to his or her own safety shall be given cell). serious consideration. 1051 COMMUNICABLE DISEASES 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Any person who has claimed or is known to be procedures specifying those symptoms that require afflicted with or displays symptoms of any segregation of an inmate until a medical evaluation is communicable disease. completed. At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Will not be detained in the Temporary Holding procedures to identify and evaluate all mentally disordered Facility. They will be transported to the county inmates, and may include telehealth. jail or the county mental health facility, as appropriate. 4610 San Diego Carlsbad 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 If an evaluation from medical or mental health staff is not 900.8.1 RECEIVING SCREENING readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears Will not be detained. 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 900.8.1 RECEIVING SCREENING the inmate or others. ☐ ☐ ☒ Will not be detained. 1053 ADMINISTRATIVE SEGREGATION 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for Any combative or unruly person who is likely to the administrative segregation of inmates who are cause damage to the facility or severely disrupt determined to be prone to: promote activity or behavior that the good order of the Temporary Holding is criminal in nature or disruptive to facility operations; Facility will be transported to the county jail. 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 900.8.1 RECEIVING SCREENING secure housing but shall not involve any other deprivation of ☐ ☐ ☒ privileges than is necessary to obtain the objective of Will not be detained. protecting the inmates and staff. 1055 USE OF SAFETY CELL 900.1.3 NON-DETAINABLE PRISONERS The safety cell described in Title 24, Part 2, Section The use of the safety cell for any confinement is ☒ ☐ ☐ 1231.2.5, shall be used to hold only those inmates who prohibited. display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. 4610 San Diego Carlsbad PD TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The 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 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ The facility does not have a safety cell. Any threat to their own safety or the safety of others due to their person who is so intoxicated as to be a danger to state of intoxication and pursuant to written policies and him/herself or others and cannot be safely procedures developed by the facility administrator. accommodated within the facility or a sobering cell. 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 900.1.3 NON-DETAINABLE PRISONERS INMATES 900.8.1 RECEIVING SCREENING The facility administrator, in cooperation with the ☒ ☐ ☐ Any person suspected or confirmed to be responsible physician, shall develop written policies and developmentally disabled. 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 center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 4610 San Diego Carlsbad 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 USE OF RESTRAINT DEVICES 900.8.5 USE OF FORCE RESTRAINTS The facility administrator, in cooperation with the Restraints are not used in the facility. responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. 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. 4610 San Diego Carlsbad 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 1058.5 RESTRAINTS AND PREGNANT INMATES 900.8.5 USE OF FORCE RESTRAINTS The facility administrator, in cooperation with the Restraints are not used in the facility. responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE 900.11 PRISONER TELEPHONE CALLS The facility administrator shall develop written policies and Every prisoner, whether adult or juvenile, procedures which allow reasonable access to a telephone ☒ ☐ ☐ detained in the Temporary Holding Facility shall beyond those telephone calls which are required by Section be entitled to at least three completed telephone 851.5 of the Penal Code. calls immediately upon being booked and no later than three hours after arrest. 1068 ACCESS TO COURTS AND COUNSEL 900.11.2 RIGHT TO COUNSEL The facility administrator shall develop written policies and ☒ ☐ ☐ Inmates requesting attorneys shall be transported procedures to ensure inmates have access to the court and to to the county jail without delay in order to legal counsel. Such access shall consist of: accommodate their request. (a) unlimited mail as provided in Section 1063 of these Prisoners are not held long enough to receive ☐ ☐ ☒ regulations, and mail. (b) confidential consultation with attorneys. In reality, attorneys will interview prisoners ☒ ☐ ☐ when they are transferred to the county jail. Policy manual needs to reflect practice. 1080 RULES AND DISCIPLINARY PENALTIES 900.7.3 PRISONER DISCIPLINE Wherever discipline is administered, each facility Prisoner discipline will not be administered in administrator shall establish written rules and disciplinary this facility. Any prisoner who repeatedly fails penalties to guide inmate conduct. ☐ ☐ ☒ to follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility. 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. 4610 San Diego Carlsbad 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 1081 PLAN FOR INMATE DISCIPLINE 900.11.3 PRISONER DISCIPLINE If discipline is NOT administered, written policy should Prisoner discipline will not be administered in indicate as such. If discipline is administered, Sections this facility. Any prisoner who repeatedly fails 1080, 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ to follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such Each facility administrator shall develop written policies and conduct should be documented and reported to procedures for inmate discipline. The plan shall include, but the receiving facility. 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. 4610 San Diego Carlsbad 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 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. I 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 900.7.3 PRISONER DISCIPLINE The degree of punitive actions taken by the disciplinary Prisoner discipline will not be administered in officer shall be directly related to the severity of the rule this facility. Any prisoner who repeatedly fails infraction. Acceptable forms of discipline shall consist of, to follow directions or facility rules should be but not be limited to, the following: transported to the appropriate jail, mental health (a) Loss of privileges. facility or hospital as soon as practicable. Such conduct should be documented and reported to (b) Extra work detail. ☐ ☐ ☒ the receiving facility. I Short term lockdown for less than 24 hours. (d) Removal from work details. I 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 900.7.3 PRISONER DISCIPLINE ACTIONS Prisoner discipline will not be administered in The Penal Code and the State Constitution expressly this facility. Any prisoner who repeatedly fails prohibit all cruel and unusual punishment. Additionally, to follow directions or facility rules should be there shall be the following limitations: transported to the appropriate jail, mental health (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ facility or hospital as soon as practicable. Such consecutive days there shall be a review by the facility conduct should be documented and reported to manager before the disciplinary separation status is the receiving facility. 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 the13estructtion 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. 4610 San Diego Carlsbad PD TH PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS I 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. I 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 900.10.5 FACILITY SANITATION MAINTENANCE It shall be the policy of the Carlsbad Police The facility administrator shall develop written policies and Department that the health and safety of inmates procedures for the maintenance of an acceptable level of and staff while in the detention center are of cleanliness, repair, and safety throughout the facility. Such a utmost importance. It is the duty of all custodial plan shall provide for a regular schedule of housekeeping personnel to report needed repairs, vermin tasks and inspections to identify and correct unsanitary or infestation and unsanitary conditions within the ☒ ☐ ☐ unsafe conditions or work practices which may be found. detention center to the Watch Commander. The Watch Commander shall immediately report the condition to the facility manager and shall arrange the repair, cleaning or extermination as needed. A record of all repairs, cleaning and extermination will be kept by the facility manager. BSCC staff verified. 4610 San Diego Carlsbad PD TH PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Secure and Non-secure youth are held on a bench in the report writing area. 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? Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☒ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 4610 San Diego Carlsbad PD TH PRO 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections Inspection BSCC Code: 4610 FACILITY: Carlsbad City Jail TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Michael J. Bush DATE: 11/08/2022 ROOMS EACH ROOM EACH CELL FIXTURES* Cell Applicable # DIMENSIONS Location Total RC Type Standards Cells (L x W x H) # Beds RC T U W F S Holding 1980 1 (4) (4) 6’ x 7’ x 9’ Note: Booking cell only. Holding 1980 3 (6) (18) 6.3' x 7.8' x 8' 1 1 1 Safety 1980 1 (1) (1) 7' x 9' x 9' Note: The Safety Cell is now used as a mug shot room. *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. 4610 San Diego Carlsbad PD TH LASE 20-22 - 1 - A360 LAS Adult.dot (03/01) 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: 4610 FACILITY NAME: Carlsbad City Jail FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1980 FIELD REPRESENTATIVE: Michael J. Bush DATE: 11/08/2022 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 Wash basin accessible X Variance for separate fixture granted 11/07/84. Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and X 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) X External to the security area and equipped with individual compartments, locks and keys Detoxification Cells (WA) (2.4) X No sobering cell. Limited to no more than 8 inmates Safety Cells (WA) (2.5) X Safety cell used for storage. Contain 48 square feet with one floor dimension at least 6 feet Shower-Delousing Room (3.4) X Staff shower. 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 Audio and video. For facilities planned or constructed after 8-86 4610 San Diego Carlsbad PD TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) X Available to maintain fire and life safety, security, communications and alarm systems Attorney Interview Space (2.26) X Available 4610 San Diego Carlsbad PD TH PHY 20-22 - 2 - A370 PHY CH-TH 1-78.dot (9/98)