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

January 18, 2023 Ed Varso, Chief of Police Escondido Police Department 1163 N. Centre City Pkwy Escondido CA, 92563 2020-2022 BIENNIAL INSPECTION OF ESCONDIDO POLICE DEPARTMENT TEMPORARY HOLDING FACILITY, 6031 PC & 209 WIC Dear Chief Varso, On November 10, 2022, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Escondido 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. Ed Varso Chief Page 2 Inspection Date Fire and Life Safety 06/29/2020 Medical and Mental Health 10/27/2022 Environmental Health 10/27/2022 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 on the female side of the jail while the nonsecure youth are held in the officer’s report writing room. No violations were noted. --- This concludes our inspection report for the 2020-2022 biennial inspection of the Escondido 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 Escondido * Presiding Judge, Superior Court, County of San Diego* 4614 San Diego Escondido PD TH LTR 20-22 Ed Varso Chief Page 3 Grand Jury Foreman, Superior Court, County of San Diego* Mike Graeser, Sergeant, Escondido, Police Department * Complete copies of this inspection are available at www.bscc.ca.gov. 4614 San Diego Escondido PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4614 FACILITY NAME: Escondido Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sergeant Mike Graesser FIELD REPRESENTATIVE: Michael J. Bush DATE: 11/10/2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Staff reports training requirements have HOLDING FACILITY TRAINING been met. Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; (c) inmate segregation; ☒ ☐ ☐ (d) emergency procedures and planning, fire, and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. 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 Departmental staff have completed their 8- once every two years. Successful completion of the hours refresher course. requirements in Section 1025, Continuing Professional ☒ ☐ ☐ Training may be substituted for the eight-hour refresher. 1027 NUMBER OF PERSONNEL Arresting officers are responsible for their prisoners. A sufficient number of personnel shall be employed in each local detention facility to ensure the ☒ ☐ ☐ implementation and 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. 4614 San Diego Escondido 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 least one employee on duty at all times in a local detention facility or in the building which houses a local detention facility who shall be immediately available ☒ ☐ ☐ and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of ☒ ☐ ☐ inmates in the event of an emergency. Whenever one or more female inmates are in VI J custody, there shall be at least one female employee Female prisoners will not be housed in the who shall be immediately available and accessible to facility without a female officer on duty. If no such females. appropriate female personnel are on duty, Note: Reference PC§ 4021. female prisoners will immediately be transported to the county jail for booking and ☒ ☐ ☐ detention. VI K Officers will not enter the room or cell occupied by any prisoner of the opposite sex, except in the company of an employee of the same sex as the prisoner. To determine if there is a sufficient number of Arresting officers are responsible for their personnel for a specific facility, the facility administrator prisoners. 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 BSCC staff reviewed and verified 10 months of observation logs. Each log was within the regulation standard 60 minutes time frame. Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There ☒ ☐ ☐ shall be no more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation II B of routine safety checks. The watch commander, or his designee, will make, or cause to be made, hourly inspections of all prisoners confined in the ☒ ☐ ☐ holding facility. A log of such inspections and the time they were conducted will be maintained in a logbook provided in the holding facility area. 1028 FIRE AND LIFE SAFETY STAFF Included during 1024 training. Whenever there is an inmate in custody, there shall be at least one person on duty at all times who meets the ☒ ☐ ☐ training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 4614 San Diego Escondido 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 Escondido Police Department’s Jail Police and Procedure. 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 Watch Commander administrator/manager. ☒ ☐ ☐ (3) Policy on the use of force. 1.24, Use of Physical Force ☒ ☐ ☐ (4) Policy on the use of restraint equipment, 1.56, Restraints Chair including the restraint of pregnant inmates as ☒ ☐ ☐ referenced in Penal Code Section 3407. (5) Procedure and criteria for screening newly III A received inmates for release per Penal Code sections 849(b)(2) and 853.6, and any other such ☒ ☐ ☐ processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, III N ☒ ☐ ☐ (B) searches of the facility and inmates, II B ☒ ☐ ☐ IV (C) contraband control, and IV ☒ ☐ ☐ 1.13, Handcuffing and Searching Prisoners. (D) key control. ☒ ☐ ☐ Each facility administrator shall, at least annually, III N review, evaluate, and make a record of security The watch commander (or designee) shall measures. The review and evaluation shall include conduct daily checks of the detention facility internal and external security measures of the facility ☒ ☐ ☐ for sanitation, safety, and maintenance including security measures specific to prevention of needs. sexual abuse and sexual harassment. (7) Emergency procedures include: XI (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ (C) mass arrests; ☒ ☐ ☐ (D) natural disasters; ☒ ☐ ☐ 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4614 San Diego Escondido PD TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (E) periodic testing of emergency equipment; and ☒ ☐ ☐ (F) storage, issue, and use of weapons, ammunition, chemical agents, and related ☒ ☐ ☐ security devices. (8) Suicide Prevention. III D ☒ ☐ ☐ (9) Segregation of Inmates. VI ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual Section added 2019, please add to policy ☒ abuse and sexual harassment. ☐ ☐ manual. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate ☒ ☐ ☐ after reporting any abuse. (e) The manual for Temporary Holding, Court Holding, Section added 2019, please add to policy Type I, II, III, and IV facilities shall provide for, but not manual. 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, Section added 2019, please add to policy community members, and other interested third manual. parties to report sexual abuse or sexual ☒ ☐ ☐ harassment. The method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM III D A prisoner suspected of being a suicide risk The facility shall have a comprehensive written suicide will not be left unattended. Suicide and prevention program developed by the facility mental health issues shall be documented administrator, in conjunction with the health authority on the prisoner log, the injured prisoner and mental health director, to identify, monitor, and ☒ ☐ ☐ book, and the arrest report. provide treatment to those inmates who present a When prisoners are transported to county suicide risk. The program shall include the following: jail, the jail staff shall be notified of any mental health issues. (a) Suicide prevention training for all staff that have direct contact with inmates. ☒ ☐ ☐ (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. 4614 San Diego Escondido PD TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING Fire department is in the same building. Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire 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 monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Conducted June 29, 2020. Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and Posted. ☒ ☐ ☐ (e) a plan for the emergency housing of inmates in the The San Diego County Jail would be used in case of fire. ☒ ☐ ☐ this event. 1044 INCIDENT REPORTS By practice a report will be submitted within 24 hours; however, a written policy for classification is required and needs to be Each facility administrator shall develop written policies developed. and procedures for the maintenance of written records and reporting of all incidents which result in physical ☒ ☐ ☐ harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons involved, a description of the incident, the actions ☒ ☐ ☐ taken, and the date and time of the occurrence. Such a written record shall be prepared by the staff No reported incidents which result in assigned to investigate the incident and submitted to physical harm, or serious threat of physical the facility manager or his/her designee. harm, to an employee or inmate of a ☒ ☐ ☐ detention facility or other person during this cycle. 1046 DEATH IN CUSTODY XIII A review team comprised of the Chief of (a) Death in Custody Reviews for Adults and Minors. Police or designee, the health administrator, the responsible physician, and other health The facility administrator, in cooperation with the health care and supervision staffs who were administrator, shall develop written policy and relevant to the incident shall conduct a procedures to ensure that there is an initial review of ☒ ☐ ☐ review of the incident. This review shall every in-custody death within 30 days. The review occur within 30 days of the incident and shall team shall include the facility administrator and/or the review the appropriateness of clinical care; facility manager, the health administrator, the whether changes to policies, procedures, or responsible physician and other health care and practices are warranted; and to identify supervision staff who are relevant to the incident. issues that require further study. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or practices are warranted; and to ☒ ☐ ☐ identify issues that require further study. (b) Death of a Minor 1.35 Administration-Confinement of Minors In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: 4614 San Diego Escondido 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 (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. 1050 CLASSIFICATION PLAN VI All prisoners housed with others shall be (a) Each administrator of a temporary holding, Type I, II, classified for holding purposes. BSCC staff or III facility shall develop and implement a written reviewed 8 months of inmate’s classification classification plan designed to properly assign inmates and medical screening forms. All forms to housing units and activities according to the were complete and ensure the inmate's categories of sex, age, criminal sophistication, health and safety. seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the 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 Prisoner records are kept on the JIMS. housing area for male or female inmates, and in making other housing and programming assignments, Reports are due at the end of shifts. the agency shall consider on a case-by-case basis whether a placement would ensure the inmate's health ☒ ☐ ☐ and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES VI E Upon identification/detection, prisoners with The facility administrator, in cooperation with the communicable diseases will be segregated responsible physician, shall develop written policies ☒ from all others, until they are transferred to ☐ ☐ and procedures specifying those symptoms that the county jail. require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether 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. 4614 San Diego Escondido PD TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES VI D Mentally disordered prisoners will be placed The facility administrator, in cooperation with the ☒ in individual cells, segregated from other responsible physician, shall develop written policies ☐ ☐ prisoners. When necessary, transfers of and procedures to identify and evaluate all mentally mentally disordered prisoners to a disordered inmates, and may include telehealth. treatment/evaluation facility. If an evaluation from medical or mental health staff is Will occur at the County Jail not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the ☒ safety of the inmate or others. ☐ ☐ 1053 ADMINISTRATIVE SEGREGATION VI Assaultive prisoners will not be brought into Except in Type IV facilities, each facility administrator the facility. shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is criminal in nature or disruptive to the ☒ ☐ ☐ safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of privileges than is necessary to obtain the ☐ ☐ ☒ objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL No Safety Cell. The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those inmates who ☐ ☐ ☒ display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may ☐ ☐ ☒ delegate authority to place an 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. 4614 San Diego Escondido PD TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or ☐ ☐ ☒ at the next daily sick call, whichever is earliest. The inmate shall be medically cleared for continued retention every 24 hours thereafter. ☐ ☐ ☒ The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff ☐ ☐ ☒ on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be ☐ ☐ ☒ documented. Procedures shall be established to assure administration of necessary nutrition and fluids. ☐ ☐ ☒ Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific ☐ ☐ ☒ identifiable risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL II C-2 Use of Sobering Cells Sobering Cells shall be used for the housing The sobering cell described in Title 24, Part 2, Section of prisoners who need the sheltered 1231.2.4, shall be used for the holding of inmates who ☒ environment of a Sobering Cell until they are are a threat to their own safety or the safety of others ☐ ☐ sufficiently sober to be booked and released due to their state of intoxication and pursuant to written or moved into general population. policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell C-2 over six hours without an evaluation by a medical staff The prisoner is removed from a Sobering person or an evaluation by custody staff, pursuant to Cell as soon as reasonable, and in no case written medical procedures in accordance with section ☒ shall a prisoner remain in a Sobering Cell ☐ ☐ 1213 of these regulations, to determine whether the longer than six (6) hours without being prisoner has an urgent medical problem. examined by qualified medical personnel, e.g., a physician. At 12 hours from the time of placement, all inmates will Sobering cell for intoxication remains in the receive an evaluation by responsible health care staff. cell over six hours without being transported ☒ to a medical facility for medical clearance. ☐ ☐ Detoxification services are not provided in this facility. Intermittent direct visual observation of inmates held in BSCC staff reviewed 12 months of inmate’s the sobering cell shall be conducted no less than every placements in the sobering cell. All ☒ half hour. Such observation shall be documented. ☐ ☐ observation logs were inside the required regulation standard time limit. 1057 DEVELOPMENTALLY DISABLED INMATES V D Prisoners would be transported to an The facility administrator, in cooperation with the appropriate facility prior to this time. responsible physician, shall develop written policies and procedures for the identification and evaluation, ☒ ☐ ☐ appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. 4614 San Diego Escondido 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 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. 1058 USE OF RESTRAINT DEVICES 1.56 Restraints Chair Restraint chair is available. 2 hours The facility administrator, in cooperation with the maximum restraints before prisoner is responsible physician, shall develop written policies released from the chair and transferred to an ☒ ☐ ☐ and procedures for the use of restraint devices and appropriate facility. 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 staff at any facility to which the medical/mental health referral; individual is transferred shall be advised that the subject was confined in the restraint chair and notified of the duration of the ☒ ☐ ☐ restraint. This notification shall also be included in the officer’s written documentation. availability of cardiopulmonary resuscitation F Officers should be aware of symptoms equipment; of medical distress such as loss of consciousness, chest pain, difficulty breathing, and signs the prisoner is in a state of excited delirium. In these cases, officers ☒ ☐ ☐ shall immediately call for paramedics and administer first aid, as necessary. The Automated External Defibrillator (AED) is located on the west wall of the holding facility. protective housing of restrained persons; ☒ ☐ ☐ provision for hydration and sanitation needs; and Will be released after 2 hours ☐ ☐ ☒ exercising of extremities. Will be released after 2 hours. ☐ ☐ ☒ In no case shall restraints be used for punishment or VI as a substitute for treatment. A. The restraint chair shall not be used for ☐ ☐ ☒ punishment. Restraint devices shall only be used on inmates who C The restraint chair may also be utilized display behavior which results in the destruction of to restrain persons who have exhibited or property or reveal an intent to cause physical harm to conveyed intent to cause injury or harm to self or others. Restraint devices include any devices themselves or others. 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 B A supervisor must provide approval for approval of the facility manager, the facility watch every restraint chair placement. commander, responsible health care staff; continued ☐ ☐ ☒ retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be In every restraint chair placement, the secured within one hour from the time of placement. prisoner must be medically cleared at an ☐ ☐ ☒ appropriate medical facility. 4614 San Diego Escondido 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 A medical assessment shall be completed within four Will be released after 2 hours hours of placement. ☐ ☐ ☒ If the facility manager, or designee, in consultation with Will be released after 2 hours 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 K Any time an individual is placed in the twice every thirty minutes to ensure that the restraints restraint chair, a log entry must be made on are properly employed, and to ensure the safety and the restraint chair observation log stating the well-being of the inmate. Such observation shall be subject’s name, age, charge, time in/time documented. out of the chair, reason for the restraint and ☐ ☐ ☒ officer/witness 15-minute observation entries. No arrestee was placed in the restraint chair during this inspection cycle. While in restraint devices all inmates shall be housed J Once a subject is placed in the restraint alone or in a specified housing area for restrained chair, other prisoners will be kept physically inmates which makes provisions to protect the inmate ☒ ☐ ☐ separated from the restrained person. 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. 1058.5 RESTRAINTS AND PREGNANT INMATES VI I Suspected pregnant females will not be The facility administrator, in cooperation with the restrained. 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 I No arrestee who is in labor shall be in recovery after delivery, shall not be restrained handcuffed or restrained by the wrists, by the wrists, ankles, or both, unless deemed ankles or both unless it is reasonably ☐ ☐ ☒ necessary for the safety and security of the inmate, necessary for the safety of the arrestee, the staff, or the public. officer or others (CA Penal Code 6030). (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 By practice, prisoners receive their phone call; however, a written policy is required and needs to be developed. The facility administrator shall develop written policies and procedures which allow reasonable access to a ☒ ☐ ☐ telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 4614 San Diego Escondido 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 1068 ACCESS TO COURTS AND COUNSEL An attorney may visit with the prisoners; however, a written policy is required and needs to be developed. The facility administrator shall develop written policies and procedures to ensure inmates have access to the ☒ ☐ ☐ court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these Prisoners are not held long enough (2-6 regulations, and ☒ ☐ ☐ hours) to receive mail. (b) confidential consultation with attorneys. Will occur when the prisoners are ☐ ☐ ☒ transported to the county jail. 1080 RULES AND DISCIPLINARY PENALTIES Discipline will not be administered. Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively and posted conspicuously in housing units and the booking area or issued to each ☐ ☐ ☒ inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide them with material in an understandable ☐ ☐ ☒ form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE Discipline will not be administered. If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non-conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to television, telephones, commissary, or ☐ ☐ ☒ lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the staff member observing the act and ☐ ☐ ☒ submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose ☐ ☐ ☒ such consequences. 4614 San Diego Escondido 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 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. 6. The inmate shall be advised in a written statement by the factfinders about the evidence relied on and the reasons for the disciplinary ☐ ☐ ☒ action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a supervisor on all disciplinary action. ☐ ☐ ☒ (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in which the safety of the ☐ ☐ ☒ inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 4614 San Diego Escondido 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 1082 FORMS OF DISCIPLINE Discipline will not be administered. The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. (c) Short term lockdown for less than 24 hours. ☐ ☐ ☒ (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS Discipline will not be administered. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 consecutive days there shall be a review by the ☐ ☐ ☒ facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have Discipline will not be administered. the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day except that ☐ ☐ ☒ those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other inmate or group of inmates (Penal Code section ☐ ☐ ☒ 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used ☐ ☐ ☒ for disciplinary purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as specified in Section 1265 of these ☐ ☐ ☒ regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for ☐ ☐ ☒ major violations of institutional rules. 4614 San Diego Escondido 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 (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 Discipline will not be administered. 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 The jail facility is clean and disinfected daily MAINTENANCE by the city janitorial services. The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of cleanliness, repair, and safety throughout the ☒ ☐ ☐ facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Secure you will be detained in the female side of the jail cell F-2 or F-3 if there are no female in custody. 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. 4614 San Diego Escondido PD TH PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 4614 San Diego Escondido 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 BSCC Code: 4614 FACILITY: Escondido Police Department TYPE: THJ RC: 0 FIELD REPRESENTATIVE: Michael J. Bush DATE: 11/10/2022 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Receiving-Booking Booking Booking Enclosur Non-rated 3 (0) (0) (0) 7.8' x 6.2' x 9.5' e Note: One ADA accessible shower available for entire facility located near booking area. Male Holding Area Soberin M-1 2001 1 (4) (4) 11.6' x 8.9' x 9.5' 1 1 1 g Note: ADA cell. Less 11 SF for pipe chase encroachment. M-2 Holding 2001 1 (5) (5) 9.2' x 11.6' x 9.5' 1 1 1 M-3 Holding 2001 1 (5) (5) 8.10' x 11.6' x 9.5' 1 1 1 M-4 Holding 2001 1 (5) (5) 8.10' x 11.7' x 9.5' 1 1 1 Note: Capacities limited by 8’ bench space. Female Holding Area Soberin F-1 2001 1 (5) (5) 10.2' x 10.7' x 9.5' 1 1 1 g Note: ADA cell. Less 6 SF for pipe chase encroachment. F-2 & 3 Holding 2001 2 (4) (8) 10.5' x 8.3' x 9.5' 1 1 1 Note: Capacities limited by 7' bench space. *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. 4614 San Diego Escondido PD TH LASE 20-22 - 1 - A360 LAS Adult-05.dot (8/05) ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005 BSCC Code: 4614 FACILITY NAME: Escondido Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That 6/94: 2/99: 2001: X 2005: OTHER: Apply): FIELD REPRESENTATIVE: Michael J. Bush DATE: 11/10/2022 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) Contains a weapons locker, designed as outlined in X these regulations. Contains a cell or room for confinement pending Three non-rated booking enclosures. X booking Contains a detoxification cell (WA in TH; NA in CH) Two sobering cells. 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available 2-99: Access to shower must be within the secure X area Provides secure vault or storage for inmate valuables Property lockers are located in the booking X area. Telephone(s) available for inmate use (PC § 851.5) X Located in booking enclosures. 2-99: Unobstructed access to hot and cold running water X Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear X ceiling height of 8 feet or more Contains sufficient seating to accommodate all X inmates Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or more X Temporary Staging Cell or Room (2.3) Holds inmates classified and segregated per Title 15 § X 1050 and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X 4614 San Diego Escondido PD TH PHY 20-22 - 1 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Contains 10 square feet of floor area per inmates and has a clear ceiling height of 8 feet or more. X Is at least 160 square feet X Contains sufficient seating to accommodate all inmates X Contains water closets (toilets), wash basins and drinking fountains as specified by these regulations X Provides for clear visual supervision by staff X Sobering Cell (2.4) 01: Name change to “sobering cell” X Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear X ceiling height of 8 feet or more Contains a water closet (toilet) wash basin and ADA accessible. X drinking fountain as specified by these regulations Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X Walls are also padded. 01: A shower is accessible in the secure portion of the facility. X Safety Cell (2.5) Contains 48 square feet with one floor dimension of a X least 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the X floor, with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which X provide a view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from X the bottom of the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible to inmate occupant. X Safety Equipment Storage (2.19) Adequate space is provided to store equipment such X as fire extinguishers, SCBA, emergency lights, etc. 4614 San Diego Escondido PD TH PHY 20-22 - 2 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Janitors' Closet (2.20) Located directly outside secure area. Lockable, containing a mop sink and storage space X 01: Mop sink may be separate from janitors’ closet Audio or Visual Monitoring (2.22) Monitoring in Watch Commander’s office, There is an audio monitoring system capable of Dispatch and Central Control when staff alerting staff in a central control. When visual assigned. electronic surveillance is use, it is located primarily in X corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and X maintaining fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) Available and provides for confidentiality X Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in X holding and staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See X regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Available in each temporary holding, staging and X sobering cell. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the X water outlet (bubbler). 2-99: Mouth guard requirement deleted Showers (3.4) (NA in CH) Available in the security area; provide hot and cold or tempered water; shower stalls/areas are designed and X constructed of materials that are impervious to water and soap so that they may be easily cleaned. 4614 San Diego Escondido PD TH PHY 20-22 - 3 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Beds/Bunks (3.5) (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type X or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) Windows that are accessible to inmates are no greater X than 5 inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification- sobering cells. In safety cells, floors, doors, walls and everything on them are padded. All padded cells are X equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; firmly bonded to all surfaces; X and, without exposed seams. Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per inmate. X 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) Weapons lockers are located outside the A secure weapons locker is located outside the receiving sally port and admin entry. security perimeter of the facility and no weapons are X brought into the security area. Lockers have individual compartments, locks and keys. 4614 San Diego Escondido PD TH PHY 20-22 - 4 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note areas of non-compliance that are X applicable to the facility type and construction date in the "comments" section.) 4614 San Diego Escondido PD TH PHY 20-22 - 5 - A382 PHY CH-TH 94 99 01 05.dot (8/05)