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San Diego Carlsbad PD (2023-2024 inspection cycle)

Board of State and Community Corrections · inspection-4610-2023-2024 · Facility inspection · 2024-09-16 · San Diego Carlsbad PD

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September 16, 2024 Mickey Williams, Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, CARLSBAD POLICE DEPARTMENT DETENTION FACILITY Dear Chief Williams: The 2023-2024 Comprehensive Inspection of the Carlsbad City Police Department has been completed. The following facility was inspected on July 9, 2024. FACILITY NAME BSCC # FACILITY TYPE Carlsbad Police Department 4610 THJ This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition to inspection(s) by the Board of State and Community Corrections (BSCC), inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). The results of those inspections are considered a part of this report INSPECTION RESULTS We identified no items of noncompliance with Title 15 or Title 24 Minimum Standards. For detailed information, refer to the attached Procedures Checklist, Physical Plant Evaluation, and Living Area Space Evaluation An Exit Briefing with your staff was held on July 9, 2024; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. * * * Please email me at michael.bush@bscc.ca.gov or call (916) 956-5968 if you have any questions. Sincerely, Mickey Williams Chief of Police Page 2 MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, San Diego County Superior Court* Chair, Grand Jury, San Diego County* Chair, Board of Supervisors, San Diego County* County Administrator, San Diego County* Faye Encomienda, Community Service Officer, Carlsbad Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 4610 San Diego Carlsbad PD THJ LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4610 FACILITY NAME: Carlsbad Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Faye Encomienda, Community Service Officer FIELD REPRESENTATIVE: Michael J. Bush DATE: 07/09/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.2.6 TRAINING HOLDING FACILITY TRAINING Supervisory custodial personnel (Watch At a minimum, all supervisors of and personnel who Commanders) who are responsible for the supervise incarcerated persons in, a Court Holding or temporary holding facility shall satisfactorily Temporary Holding facility shall complete eight hours of complete eight (8) hours of specialized specialized corrections training. Such training shall training and shall complete eight hours of include, but not be limited to: refresher training every two years. (a) applicable minimum jail standards; (b) jail operations liability; All police officers will receive training in the (c) separation of incarcerated persons; operations and procedures of the temporary (d) emergency procedures and planning, fire and life ☒ ☐ ☐ holding facility as an element of the Field safety; and; Training Officer (F.T.O.) Program. (e) suicide prevention; (f) de-escalation; (g) juvenile procedures; (h) racial bias; and, (i) mental illness. Note: Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors. Such training shall be completed as soon as practical, but 900.2.6 TRAINING in any event not more than six months after the date of assigned responsibility. Successful completion of Core ☒ ☐ ☐ BSCC staff reviewed and verified staff training or supplemental Core training, pursuant to records. Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. A total of eight hours of refresher training shall be Refresher course completed. completed every two years. Successful completion of the ☒ ☐ ☐ requirements in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 4610 San Diego Carlsbad PD PRO 23-34 Page 1 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL 900.2.7 SUPERVISION OF INMATES A sufficient number of personnel shall be employed in ☒ ☐ ☐ The arresting officer is responsible for the each local detention facility to ensure the implementation arrestee while in the facility. and operation of the programs and activities required by these regulations. Whenever there is a person 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 The Watch Commander has the ultimate detention facility who shall be immediately available and responsibility for the custody of all inmates ☒ ☐ ☐ accessible to incarcerated people in the event of an and the operation of the temporary holding emergency. 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 ☒ ☐ ☐ incarcerated people in the event of an emergency. Arresting officers are responsible for their prisoners. Whenever one or more females 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. In order to determine if there is a sufficient number of The arresting officer is responsible for the personnel for a specific facility, the facility administrator arrestee while in the facility. shall prepare and 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 The facility administrator shall develop and implement BSCC staff reviewed and verified 10 months policy and procedures for conducting safety checks that of observation logs. Each log was within the include, but are not limited to, the following: ☒ ☐ ☐ regulation standard 60-minute time frame. (a) Safety checks will determine the safety and well-being of individuals and shall be conducted at least hourly through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse 900.2.1 between 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. (c) Safety checks for people in sobering cells, safety cells, Each log was within the regulation standard and restraints shall occur more frequently as outlined in 30-minute time frame. ☒ ☐ ☐ section 1055, section 1056, and section 1058 of these regulations. 4610 San Diego Carlsbad PD PRO 23-34 Page 2 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Safety checks shall occur at random or varied Each safety checks log reviewed showed a ☒ ☐ ☐ intervals. pattern of random and varied intervals. (e) There shall be a written plan that includes the Actual time of safety checks will be documentation of all safety checks. Documentation shall documented by the staff who conducts the include: ☒ ☐ ☐ safety checks. (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check Each safety checks log had the prisoner’s occurred, such as a cell, module, or dormitory ☒ ☐ ☐ name and location. number; and, (3) Initials or employee identification number of staff Staff initials and badge number will be register ☒ ☐ ☐ who completed the safety check(s). on the safety check logs. (f) A documented process by which safety checks are The jail supervisor will review random safety reviewed at regular defined intervals by a supervisor or checks logs to ensure logs are consistent with facility manager, including methods of mitigating patterns ☒ ☐ ☐ regulations standards. of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.4 FIRE SAFETY Whenever there is a person 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 station whenever a prisoner is present. training standards established by the Board for general fire and life safety. [Penal Code section 6030(c)]. 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. 1029 POLICY AND PROCEDURES MANUAL2 Lexipol Policy. Facility administrator(s) shall develop and publish a Last reviewed 2023. manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every ☒ ☐ ☐ two years. Such a manual shall be made available to all employees. Notes: The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility 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. 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 PRO 23-34 Page 3 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Policy on the use of force that meets current state 300 USE OF FORCE and federal legal requirements and includes ☒ ☐ ☐ prohibition of the use of carotid restraint and choke holds. (4) Policy on the use of restraint equipment, including Restraints are not used in the facility. the restraint of pregnant persons as referenced in ☒ ☐ ☐ Known pregnant females will not be detained Penal Code Section 3407. in the facility. (5) Procedure and criteria for screening newly 900.8.1 RECEIVING SCREENING received persons for release. The following classes of arrestees SHALL NOT BE DETAINED in the Holding Facility: • pregnant or lactating females • combative persons • mentally disturbed persons • persons with known communicable diseases • an arrestee requiring medical or that is taking medication • an arrestee contemplating suicide ☒ ☐ ☐ • developmentally disabled • anyone with diabetes or epilepsy • persons infested with vermin • Any person suspected of being on 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. (6) Security and control including physical counts and 900.8.2 SECURITY AND CONTROL searches of the facility and incarcerated persons, 900.8 INTAKE PROCEDURES contraband control, and 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 PROCEDURES (A) fire suppression preplan as required by ☒ ☐ ☐ 900.4 Fire Safety section 1032 of these regulations; (B) escape, disturbances, and the taking of 900.10.2 EMERGENCY PROCEDURES ☒ ☐ ☐ hostages; (C) mass arrests; ☒ ☐ ☐ 900.10.2 EMERGENCY PROCEDURES (D) natural disasters; ☒ ☐ ☐ 900.10.2 EMERGENCY PROCEDURES (E) periodic testing of emergency equipment; and ☒ ☐ ☐ 900.10.2 EMERGENCY PROCEDURES (F) storage, issue, and use of weapons, 900.10.2 EMERGENCY PROCEDURES ammunition, chemical agents, and related ☒ ☐ ☐ security devices. (8) Suicide Prevention. 900.10.4 NON-DETAINABLE PRISONERS ☒ ☐ ☐ 900.8.1 RECEIVING SCREENING 4610 San Diego Carlsbad PD PRO 23-34 Page 4 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (9) Separation of incarcerated persons. ☒ ☐ ☐ 900.9.3 ADMINISTRATIVE SEGREGATION (10) Zero tolerance in the prevention of sexual abuse 904 PRISON RAPE ELIMINATION ACT ☒ ☐ ☐ and sexual harassment. (11) Policy and procedure to detect, prevent, and 904 PRISON RAPE ELIMINATION ACT respond to retaliation against any staff or person after ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for 904 PRISON RAPE ELIMINATION ACT ☒ ☐ ☐ incarcerated persons. (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 incarcerated people to privately report sexual abuse and sexual ☒ ☐ ☐ harassment, retaliation by other incarcerated persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, 900.10.4 NON-DETAINABLE PRISONERS family, community members, and other interested 900.8.1 RECEIVING SCREENING third parties to report sexual abuse or sexual harassment. The method for reporting shall be A prisoner who is or may be contemplating ☒ ☐ ☐ publicly posted at the facility. suicide will not be detained in the Temporary Holding Facility. They will be transported to the county jail or the county mental health facility, as appropriate. 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 A prisoner who is or may be contemplating administrator or designee, in conjunction with the health ☒ ☐ ☐ suicide will not be detained in the Temporary authority and mental health director, to identify, monitor, Holding Facility. They will be transported to and provide treatment to those incarcerated persons who the county jail or the county mental health present a suicide risk. facility, as appropriate. The program shall include the following: (a) Annual suicide prevention training for all custodial All staff who will have direct contact with personnel. ☒ ☐ ☐ incarcerated people will attend suicide prevention training. (b) Intake screening for suicide risk immediately upon Upon a detainee entering the facility, he/she intake and prior to housing assignment. will be assessed by staff for the ability to ☒ ☐ ☐ answer medical and mental health screening questions. (c) Suicide prevention screening during special situations, including placement in restrictive housing, ☐ ☐ ☒ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among arresting/transporting officers, facility staff, court staff, ☐ ☐ ☒ medical and mental health personnel in relation to suicide risk. (e) Housing recommendations for people at risk of suicide that balance safety and environment. The least restrictive ☐ ☐ ☒ environment should be considered. (f) Supervision depending on level of suicide risk. ☐ ☐ ☒ 4610 San Diego Carlsbad PD PRO 23-34 Page 5 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) Suicide attempt and suicide intervention policies and ☐ ☐ ☒ procedures. (h) Provisions for reporting suicides and suicides ☐ ☐ ☒ attempts. (i) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility administrator, including the development of a corrective ☐ ☐ ☒ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. ☐ ☐ ☒ Note: Subsection (k) does not apply and has been deleted. 1032 FIRE SUPPRESSION PREPLANNING 900.4 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, oversees the training ☒ ☐ ☐ Marshal, or both, in developing a plan for fire suppression of all department personnel and ensure that which shall include, but not be limited to: they are familiar with 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) monthly fire prevention inspections by facility staff with The Facility Supervisor or his/her designee two-year retention of the inspection record; shall inspect the facility monthly. The 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 incarcerated Transferred to San Diego County Vista Jail. ☒ ☐ ☐ people in the case of fire. 1044 INCIDENT REPORTS 900.2.8 INCIDENT REPORTS Each facility administrator shall develop written policies The facility administrator shall maintain a and procedures for the maintenance of written records ☒ ☐ ☐ written record of all incidents which result in and reporting of all incidents which result in physical physical harm, or serious threat of physical harm, or serious threat of physical harm, to an employee harm, to an employee, inmate, or other or incarcerated person of a detention facility or other person. 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, persons involved, a description of the ☒ ☐ ☐ and the date and time of the occurrence. incident, the actions taken and the date and time of occurrence. 4610 San Diego Carlsbad PD PRO 23-34 Page 6 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such a written record shall be prepared by the staff Such written record shall be reported and assigned to investigate the incident and submitted to the submitted to the facility manager within 24 facility manager or 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) The facility administrator shall develop written policy In the event of a fatal injury or death of a and procedures to comply with the in-custody death prisoner while in custody, the Chief of Police reporting requirements of Government Code section or the authorized designee shall report in 12525. The facility administrator shall submit a copy of writing to the Attorney General, within 10 days ☒ ☐ ☐ the report filed pursuant to section 12525 to the BSCC after the death, all facts in the possession of within 10 days of an in-custody death. the department concerning the death. In all such cases, the Watch Commander shall be notified and will make the appropriate additional notifications as directed in the Temporary Holding Facility manual. (b) The facility administrator, in cooperation with the A medical and operational review of every in- health administrator, shall develop written policy and custody death shall be conducted. The review procedures to conduct an initial review and complete a team shall include the following: written report of every in-custody death within 30 days of • Chief of Police or the authorized the death. The team that conducts the initial review shall designee include, at a minimum, the facility administrator or ☒ ☐ ☐ • The health administrator designee, the health administrator, the responsible • The responsible physician physician and other health care, and supervision staff • And other health care and who are relevant to the incident. supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. (c) The facility administrator shall submit a copy of the initial review report of every in-custody death to the BSCC within 60 days of the death. The facility administrator shall ☒ ☐ ☐ provide a copy of the initial review report that comports with the disclosure requirements of section 832.10 of the Penal Code. 4610 San Diego Carlsbad PD PRO 23-34 Page 7 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The initial review report shall contain the following information: (1) Demographic information (A) Full name of the decedent (B) Date of birth (C) Date of death (D) Time of death (E) Gender (F) Race and ethnicity (G) Relevant medical history ☒ ☐ ☐ (2) Facility Information (A) Name and location of the detention facility (B) Description of the location where the death occurred within the facility (C) Date and time of the incident (D) Detention facility personnel (including names and roles) involved in the reporting of the death or incident (3) Any relevant circumstances leading up to death, including behavioral health or medical issues. (d) In any case in which a minor dies while detained in a Minors are not held in the facility. jail, lockup, or court holding facility the BSCC may inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter within 30 calendar days of the death. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 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 classification plan designed to properly assign of inmates to temporary holding rooms incarcerated persons to housing units and activities based upon the categories of sex, age, according to the categories of gender identity, age, criminal sophistication, seriousness of criminal sophistication, seriousness of crime charged, crime charged, and assaultive or non- physical or mental health needs, assaultive/non- assaultive behavior. assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the incarcerated people and staff. Such ☒ ☐ ☐ housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments. Note: Subsection (b) does not apply and has been deleted. (c) In deciding housing and programming assignments, The temporary holding facility cells are the agency shall consider on a case-by-case basis rated as "single occupancy" cells. In cases whether a placement would ensure the health and safety of extreme need, and on a temporary basis of the incarcerated person, and whether the placement only, several inmates may be detained in ☒ ☐ ☐ would present management or security problems. A each cell based upon the rated capacity for person’s own views with respect to their own safety shall maximum numbers of inmates per cell be given serious consideration. (excluding safety cell). 4610 San Diego Carlsbad PD PRO 23-34 Page 8 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 procedures specifying those symptoms that require be afflicted with or displays symptoms of any medical isolation of an incarcerated person until a communicable disease. medical evaluation is completed. At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether the person has or has had any communicable diseases, such as tuberculosis or has observable symptoms of ☒ ☐ ☐ tuberculosis or any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION 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 incarcerated Facility. They will be transported to the county people who may be in behavioral crisis. Evaluation of jail or the county mental health facility, as behavioral crisis may include telehealth. appropriate. If an evaluation from medical or mental health staff is not 900.8.1 RECEIVING SCREENING readily available, an incarcerated person shall be considered in behavioral crisis for the purpose of this ☐ ☐ ☒ Will not be detained. section if they appear to be a danger to themselves or others or appear gravely disabled. An evaluation from medical or mental health staff shall be 900.8.1 RECEIVING SCREENING secured within 24 hours of identification or at the next ☐ ☐ ☒ daily sick call, whichever is earliest. Will not be detained. Separation may be used if necessary, to protect the 900.1.3 NON-DETAINABLE PRISONERS safety of the person in crisis or others. 900.8.1 RECEIVING SCREENING ☐ ☐ ☒ Any combative or unruly person who is likely to cause damage to the facility or severely disrupt the good order of the Temporary Holding Facility will be transported to the county jail. 1053 ADMINISTRATIVE SEPARATION 900.1.3 NON-DETAINABLE PRISONERS Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ The use of the safety cell for any confinement develop and implement policies and procedures for the is prohibited. administrative separation of incarcerated people. Policies and procedures must include: (a) Administrative separation may consist of separate housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of protecting the welfare of incarcerated people and facility ☐ ☐ ☒ staff. Note: Subsections (b) through (e) do not apply and have been deleted. 4610 San Diego Carlsbad PD PRO 23-34 Page 9 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people who ☒ ☐ ☐ The facility does not have a safety cell. display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate ☐ ☐ ☒ authority to place an incarcerated person in a safety cell to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment ☐ ☐ ☒ or as a substitute for treatment. (b) A person shall be placed in a safety cell only with the approval of the facility manager or designee, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every four hours. (c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be ☐ ☐ ☒ medically cleared for continued retention, referral to advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. (d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on ☐ ☐ ☒ placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute ☐ ☐ ☒ lapse between safety checks. Such observation shall be documented. (f) Procedures shall be established to assure ☐ ☐ ☒ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☐ ☐ ☒ privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL 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 temporary holding of The facility does not have a sobering cell. incarcerated people who are a threat to their own safety or the safety of others due to their state of intoxication. A person shall be removed from the sobering cell as soon as they are able to continue the admission process or are ☐ ☐ ☒ no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over six hours without an evaluation by medical or custody staff to determine whether the person has an urgent ☐ ☐ ☒ medical problem, pursuant to section 1213 of these regulations. 4610 San Diego Carlsbad PD PRO 23-34 Page 1 0 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At 12 hours from the time of placement, all persons must ☐ ☐ ☒ receive an evaluation by responsible health care staff. Intermittent direct visual observation of people held in the sobering cell shall be conducted no less than every half ☐ ☐ ☒ hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The facility administrator, in cooperation with the responsible physician, shall develop written policies and Any person suspected or confirmed to be ☒ ☐ ☐ procedures for the identification and evaluation, developmentally disabled will not be detained appropriate classification and housing, protection, and in the facility. nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the regional center for any incarcerated person suspected or confirmed to have a developmental disability for the ☐ ☐ ☒ purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 900.8.5 USE OF FORCE RESTRAINTS The facility administrator, in cooperation with the Restraints are not used in the facility. responsible physician, shall develop and implement written policies and procedures for the use of restraint devices. Restraint devices include any devices which immobilize extremities or prevent the incarcerated person ☒ ☐ ☐ from being ambulatory. The provisions of this section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: ☐ ☐ ☒ (1) acceptable restraint devices; (2) signs or symptoms which should result in immediate medical/mental health referral; availability ☐ ☐ ☒ of cardiopulmonary resuscitation equipment; (3) protective housing of restrained persons; ☐ ☐ ☒ (4) provision for hydration and sanitation needs; and, ☐ ☐ ☒ (5) exercising of extremities. ☐ ☐ ☒ (b) Policy shall also include, but not be limited to, the following requirements: ☐ ☐ ☒ (1) In no case shall restraints be used for punishment or as a substitute for treatment. (2) Restraint devices shall only be used on incarcerated people who display behavior which ☐ ☐ ☒ results in the destruction of property or reveal an intent to cause physical harm to self or others. (3) Restraint devices should be used only when less restrictive alternatives, including verbal de-escalation ☐ ☐ ☒ techniques, have been attempted and are deemed ineffective. 4610 San Diego Carlsbad PD PRO 23-34 Page 1 1 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) An incarcerated person shall be placed in restraints only with the approval of the facility manager, the facility watch commander, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be ☐ ☐ ☒ maintained until a medical opinion can be obtained. (6) A medical opinion on placement and retention shall be secured within one hour from the time of ☐ ☐ ☒ placement. (7) A medical assessment shall be completed within ☐ ☐ ☒ four hours of placement. (8) Continuous direct visual observation shall be conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. ☐ ☐ ☒ While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation with responsible health care staff determines that an incarcerated person cannot be safely removed from ☐ ☐ ☒ restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use the restraint device manufacturer’s recommended ☐ ☐ ☒ maximum time limits for placement. (11) All events and information related to the placement in restraints shall be documented and shall be video recorded unless exigent circumstances prevent staff from doing so. The ☐ ☐ ☒ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS 900.8.5 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 people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: (1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the ☐ ☐ ☒ pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. 4610 San Diego Carlsbad PD PRO 23-34 Page 1 2 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional who is currently responsible for the medical care of an incarcerated pregnant person during a medical ☐ ☐ ☒ emergency, labor, delivery, or recovery after delivery or termination of the pregnancy determines that the removal of restraints is medically necessary. (4) Upon confirmation of an incarcerated person’s pregnancy, they shall be advised, orally or in writing, ☐ ☐ ☒ of the standards and policies governing incarcerated pregnant people. 1067 ACCESS TO TELEPHONE 900.11 PRISONER TELEPHONE CALLS The facility administrator shall develop written policies Every prisoner, whether adult or juvenile, and procedures which allow access to a telephone or detained in the Temporary Holding Facility communication device beyond those telephone calls shall be entitled to at least three completed which are required by Section 851.5 of the Penal Code. telephone calls immediately upon being Individuals who are known to have, or are perceived by booked and no later than three hours after others as having hearing or speech impairments shall be ☒ ☐ ☐ arrest. provided access to the appropriate telecommunication device which will facilitate communication. Such devices may include but are not limited to videophones, teletypewriters, or third-party communications assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESS TO COURTS AND COUNSEL 900.11.2 RIGHT TO COUNSEL The facility administrator shall develop written policies ☒ ☐ ☐ Inmates requesting attorneys shall be and procedures to ensure incarcerated persons have transported to the county jail without delay to access to the court and to legal counsel. accommodate their request. Such access shall consist of: (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 ACTIONS 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 actions to guide the conduct of incarcerated persons. to follow directions or facility rules should be ☒ ☐ ☐ transported to the appropriate jail, mental Notes: If discipline IS NOT administered, written policy health facility, or hospital as soon as should indicate as such. If discipline IS administered, practicable. Such conduct should be Sections 1080, 1081, 1082, 1083 and 1084 apply. documented and reported to the receiving facility. Such rules and disciplinary actions shall be stated simply and affirmatively and posted conspicuously in housing ☐ ☐ ☒ units and the booking area or issued to each person upon booking. For those individuals with limited literacy, who are unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them ☐ ☐ ☒ verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and actions. 4610 San Diego Carlsbad PD PRO 23-34 Page 1 3 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR DISCIPLINE OF INCARCERATED 900.7.3 PRISONER DISCIPLINE PERSONS Prisoner discipline will not be administered in Each facility administrator shall develop written policies this facility. Any prisoner who repeatedly fails and procedures for discipline of incarcerated persons. to follow directions or facility rules should be The plan shall include, but not be limited to, the following transported to the appropriate jail, mental elements: ☒ ☐ ☐ health facility, or hospital as soon as (a) Temporary Loss of Privileges: For minor acts of non- practicable. Such conduct should be conformance or minor violations of facility rules, staff may documented and reported to the receiving impose a temporary loss of privileges, such as access to facility. television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing ☐ ☐ ☒ by the staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and disciplinary authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes: ☐ ☐ ☒ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 2. Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been ☐ ☐ ☒ informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The ☐ ☐ ☒ incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and ☐ ☐ ☒ the action taken shall be reviewed by the facility manager or designee. 4610 San Diego Carlsbad PD PRO 23-34 Page 1 4 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The incarcerated person shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. 1082 FORMS OF DISCIPLINE 900.7.3 PRISONER DISCIPLINE The degree of actions taken by the disciplinary officer Prisoner discipline will not be administered in shall be directly related to the severity of the rule this facility. Any prisoner who repeatedly fails infraction and promotion of desired behavior through a to follow directions or facility rules should be progressive disciplinary process. Acceptable forms of transported to the appropriate jail, mental discipline shall consist of, but not be limited to, the health facility, or hospital as soon as following: practicable. Such conduct should be (a) Loss of privileges. ☐ ☐ ☒ documented and reported to the receiving (b) Extra work detail. facility. (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS 900.7.3 PRISONER DISCIPLINE The Penal Code and the State Constitution expressly Prisoner discipline will not be administered in prohibit all cruel and unusual punishment. Disciplinary this facility. Any prisoner who repeatedly fails actions shall not include corporal punishment, group to follow directions or facility rules should be punishment when feasible, or physical or psychological transported to the appropriate jail, mental degradation. ☒ ☐ ☐ health facility, or hospital as soon as practicable. Such conduct should be Additionally, there shall be the following limitations: documented and reported to the receiving (a) Disciplinary separation shall be considered an option facility. of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1) If a person is on disciplinary separation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a ☐ ☐ ☒ consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (2) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day ☐ ☐ ☒ except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 4610 San Diego Carlsbad PD PRO 23-34 Page 1 5 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) If after placement in separation, mental health or medical staff determine that an individual has serious mental illness or an intellectual disability, they shall ☐ ☐ ☒ be removed from disciplinary separation immediately upon this determination. (b) The delegation of authority to any incarcerated person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the implements necessary to maintain an acceptable level of ☐ ☐ ☒ personal hygiene as specified in Section 1265 of these regulations. (e) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case ☐ ☐ ☒ correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS 900.7.3 PRISONER DISCIPLINE Penal Code Section 4019.5 requires that a record is kept Prisoner discipline will not be administered in of all disciplinary actions administered therefore. This this facility. Any prisoner who repeatedly fails requirement may be satisfied by retaining copies of rule to follow directions or facility rules should be ☐ ☐ ☒ violation reports and report of the disposition of each. 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. 1270 STANDARD BEDDING AND LINEN ISSUE Arrestees are not detained long enough to be issued bedding/linen. The standard issue of clean suitable bedding and linens, for each incarcerated person entering a living area who ☐ ☐ ☒ is expected to remain overnight, shall include, but not be limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; ☐ ☐ ☒ (d) one blanket or more depending up on climatic ☐ ☐ ☒ conditions. Policy and procedure shall require that items (a), (b), and ☐ ☐ ☒ (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. 4610 San Diego Carlsbad PD PRO 23-34 Page 1 6 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☐ ☐ ☒ and (d) above prior to their first night in the facility and every night thereafter. 1280 FACILITY SANITATION, SAFETY, AND 900.10.5 FACILITY SANITATION MAINTENANCE It shall be the policy of the Carlsbad Police The facility administrator shall develop written policies Department that the health and safety of and procedures for the maintenance of an acceptable inmates and staff while in the detention center level of cleanliness, repair, and safety throughout the are of utmost importance. It is the duty of all facility. Such a plan shall provide for a regular schedule custodial personnel to report needed repairs, of housekeeping tasks and inspections to identify and vermin infestation, and unsanitary conditions correct unsanitary or unsafe conditions or work practices ☒ ☐ ☐ within the detention center to the Watch which may be found. 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 PRO 23-34 Page 1 7 of 21 A351 TH PRO eff. 07.01.24 DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in jail cells? Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in temporary custody in the jail. ☐ ☒ ☐ Facilities that do not hold minors in the jail cells are not subject to Title 15, Article 9 biennial inspections; however, if minors are held in the building, they may be subject to the requirements of Welfare and Institutions Code section 207.1. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION FACILITY The facility administrator shall develop policy and ☐ ☐ ☒ procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies ☐ ☐ ☒ and procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; (b) use of restraints; ☐ ☐ ☒ (c) emergency medical assistance and services; and ☐ ☐ ☒ (d) prohibiting use of discipline. ☐ ☐ ☒ 1143 CARE OF MINORS IN TEMPORARY CUSTODY ☐ ☐ ☒ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; (2) one snack during term of temporary custody if the minor has not eaten within the past four (4) ☐ ☐ ☒ hours or is otherwise in need of appropriate nourishment; (3) access to drinking water; ☐ ☐ ☒ (4) access to language services; ☐ ☐ ☒ (5) access to disabilities services; ☐ ☐ ☒ (6) sanitary napkins, panty liners, and tampons as ☐ ☐ ☒ requested; (7) privacy during consultation with family, guardian, ☐ ☐ ☒ and/or lawyer; (8) blankets and clothing, as necessary, to assure ☐ ☐ ☒ the comfort of the minor; and (9) personal clothing unless the clothing is inadequate, presents a health or safety problem, or ☐ ☐ ☒ is required to be utilized as evidence of an offense. 4610 San Diego Carlsbad PD PRO 23-34 Page 1 8 of 21 A351 TH PRO eff. 07.01.24 (b) Upon entry, the minor shall be informed in writing of what is available under this section, and it shall be ☐ ☐ ☒ posted in at least one conspicuous place to which minors have access. 1144 CONTACT BETWEEN MINORS AND INCARCERATED ADULTS ☐ ☐ ☒ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of incarcerated people) shall ☐ ☐ ☒ maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY A minor who is taken into temporary custody by a peace officer on the basis that they are 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. Note: Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a serious security risk of harm to self or others, the ☐ ☐ ☒ officer may take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was ☐ ☐ ☒ taken into custody; (c) minor's behavior, including the degree to which the ☐ ☐ ☒ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate ☐ ☐ ☒ supervision or protection of the minor; and (e) the age, type, and number of other individuals who ☐ ☐ ☒ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cuffing rail, ☐ ☐ ☒ or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 4610 San Diego Carlsbad PD PRO 23-34 Page 1 9 of 21 A351 TH PRO eff. 07.01.24 1147 SUPERVISION OF MINORS IN SECURE CUSTODY INSIDE A LOCKED ENCLOSURE (a) Minors shall receive adequate supervision which, at ☐ ☐ ☒ a minimum, includes: (1) constant auditory access to staff by the minor; and (2) safety checks, as defined in Section 1006, of the minor by staff of the law enforcement facility, at least ☐ ☐ ☒ once every 30 minutes, which shall be documented. (b) Minors of different genders shall not be placed in the same locked room unless under constant direct visual ☐ ☐ ☒ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☐ ☐ ☒ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety ☐ ☐ ☒ while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be ☐ ☐ ☒ approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes ☐ ☐ ☒ thereafter shall be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(b) of the Welfare and Institutions Code, may be ☐ ☐ ☒ held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. While minors are held in temporary non- secure custody the provisions of Section 1143 apply. 1150 SUPERVISION OF MINORS IN NON- SECURE CUSTODY 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. 4610 San Diego Carlsbad PD PRO 23-34 Page 2 0 of 21 A351 TH PRO eff. 07.01.24 1151 MINORS UNDER THE INFLUENCE OF ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and ☐ ☐ ☒ procedures providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves, prior to secure or non-secure custody of that minor. Supervision of minors in secure custody in a locked room shall include safety checks at least once every 15 minutes until resolution of the intoxicated state or ☐ ☐ ☒ release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room shall be supervised in accordance with ☐ ☐ ☒ Section 1148. Supervision of minors in nonsecure custody shall be ☐ ☐ ☒ supervised in accordance with Section 1150. 4610 San Diego Carlsbad PD PRO 23-34 Page 2 1 of 21 A351 TH PRO eff. 07.01.24 PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - COMPREHENSIVE INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 4610 FACILITY NAME: Carlsbad Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1980 FIELD REPRESENTATIVE: Michael J. Bush DATE: 07/09/2024 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) ☒ ☐ ☐ Contain 10 square feet of floor per inmate Limited to no more than 16 inmates ☒ ☐ ☐ No smaller than 40 square feet ☒ ☐ ☐ Contain sufficient seating to accommodate all inmates ☒ ☐ ☐ Toilet accessible ☒ ☐ ☐ Wash basin accessible Variance for separate fixture granted ☒ ☐ ☐ 11/07/84. Drinking fountain accessible ☒ ☐ ☐ Provide for adequate visual supervision of inmates ☒ ☐ ☐ Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 ☒ ☐ ☐ hours) Weapons Locker (3.12) External to the security area and equipped with ☒ ☐ ☐ individual compartments, locks and keys Detoxification Cells (WA) (2.4) No sobering cell. ☐ ☐ ☒ Limited to no more than 8 inmates Safety Cells (WA) (2.5) Safety cell used for storage. ☐ ☐ ☒ Contain 48 square feet with one floor dimension at least 6 feet Shower-Delousing Room (3.4) Staff shower. ☒ ☐ ☐ Available Secure Vault or Storage Space (2.1) ☒ ☐ ☐ Available for inmate valuables Telephone (2.1) ☒ ☐ ☐ Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) Audio and video. ☒ ☐ ☐ For facilities planned or constructed after 8-86 4610 San Diego Carlsbad PD PHY 23-24 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Janitor Closet (2.20) ☒ ☐ ☐ Available Storage Rooms (WA) (2.21) ☒ ☐ ☐ Available Emergency Power (2.24) Available to maintain fire and life safety, security, ☒ ☐ ☐ communications and alarm systems Attorney Interview Space (2.26) ☒ ☐ ☐ Available 4610 San Diego Carlsbad PD PHY 23-24 - 2 - A370 PHY CH-TH 1-78.dot (9/98) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections Inspection BSCC Code: 4610 FACILITY: Carlsbad Police Department TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Michael J. Bush DATE: 07/09/2024 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 LASE 23-24 - 1 - A360 LAS Adult.dot (03/01)