San Joaquin Tracy PD Inspection Rpt 20-22 TH (2020-2022 inspection cycle)

April 3, 2023 Sekou Millington, Chief of Police City of Tracy Police Department 1000 Civic Center Drive Tracy, CA 95376 RE: 2020-2022 BIENNIAL INSPECTION, PENAL CODE 6031, WELFARE & INSTITUTIONS CODE 209 TRACY POLICE DEPARTMENT TEMPORARY HOLDING FACILITY Dear Chief Millington: The 2020-2022 biennial inspection of the Tracy Police Department’s holding facility has been completed. A pre-inspection briefing was held on May 11, 2021 and the facility was inspected on July 13, 2021. The following facility was inspected: City of Tracy Police Department 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. In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the separation requirements of juveniles from incarcerated adults. The complete Board of State and Community Corrections (BSCC) inspection report is enclosed and consists of the following: this transmittal letter; a Title 15 Procedures checklist, outlining applicable minimum standards for adult detention facilities; a Physical Plant Evaluation, outlining applicable Title 24 minimum standards; and the Living Area Space Evaluation (LASE), summarizing the physical plant configuration and outlining the rated capacity of the Tracy Police Department Temporary Holding Facility. Please refer to the Title 15 Procedures Checklist for a summary of all relevant minimum standards, indication of compliance or noncompliance, and information used to determine compliance. MANDATORY LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Results of those inspections are considered a part of this report. The dates of the local inspections are listed below. We encourage the practice of maintaining a permanent file for Sekou Millington Chief of Police Page 2 historical copies of all inspections including documentation of corrections made following the inspection. FACILITY FIRE INSP. MEDICAL/MENTAL ENVIRONMENTAL NUTRITIONAL NAME HEALTH HEALTH HEALTH Tracy Police June 10, 2021 N/A November 23, 2019 N/A Department SCOPE OF THE INSPECTION The inspection consisted of a review of the Tracy Police Department Policy and Procedure Manual1, a site visit to review operations, physical plant, relevant documentation, and interviews with administration, facility staff, inmates, and collaborative partners. BSCC INSPECTION RESULTS Title 15, CCR Minimum Standards Upon final review of all documentation, there are no outstanding items of noncompliance with Title 15 at the Tracy Police Department. No corrective action is required at this time. Title 24, CCR Physical Plant There were no changes made to the physical plant and your rated capacity remains at zero. There are no outstanding items of noncompliance with Title 24 minimum standards. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring We reviewed the Tracy Police Department Temporary Holding Facility and found no violations of the JJDPA. Please refer to Title 15 Procedures checklist for detailed information. On July 13, 2021, BSCC staff held an Exit Brief with your staff. During that brief, BSCC staff provided an overview of the biennial inspection and provided technical assistance and best practices. Due to no noncompliance issues, your agency is not required to provide a Corrective Action Plan. --- This concludes the 2020-2022 biennial inspection report. I am available to assist as needed and happy to provide technical assistance when requested. I look forward to continuing to work together. Please do not hesitate to email me at Kim.Moule@BSCC.CA.GOV or call (916) 322- 8081 if you have any questions. 1 BSCC reviews only those policy and procedures required by, and applicable to, Title 15, CCR. BSCC staff do not “approve” policies and procedures or assess them for constitutional or legal issues. Agencies should seek review through their legal advisor, risk manager, and other persons deemed appropriate for such evaluation. 4780 San Joaquin Tracy PD TH LTR 20-22 Sekou Millington Chief of Police Page 3 Sincerely, KIMBERLY MOULE, CJM Field Representative Facilities Standards and Operations Division Enclosures cc: Michael Rogers, City Manager, City of Tracy San Joaquin County Grand Jury Presiding Judge, San Joaquin County Superior Court* Chair, Juvenile Justice Commission, San Joaquin County* *Copies of the full inspection are available online at www.bscc.ca.gov 4780 San Joaquin Tracy PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4780 FACILITY NAME: Tracy Police Department FACILITY TYPE: TH PERSON(S) INTERVIEWED: Lieutenant Trevin Freitas FIELD REPRESENTATIVE: Kimberly Moule DATE: July 13, 2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.12 TRAINING Department members HOLDING FACILITY TRAINING should be trained and familiar with this policy and any supplemental procedures. Custodial personnel who supervise inmates in, and Department members responsible for supervisors of, a Court Holding or Temporary Holding supervising adults in temporary custody facility shall complete 8 hours of specialized training. shall complete the Corrections Officer Core Such training shall include, but not be limited to: Course or eight hours of specialized training within six months of assignment. (a) applicable minimum jail standards; (b) jail operations liability; (c) inmate segregation; ☒ ☐ ☐ All staff are trained. (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 900.1.1 once every two years. Successful completion of the Eight hours of refresher training shall be requirements in Section 1025, Continuing Professional completed once every two years (15 CCR Training may be substituted for the eight hour 1024). ☒ ☐ ☐ refresher. The Training Sergeant shall maintain records of all such training in the member’s training file. 1027 NUMBER OF PERSONNEL Arresting officer stays with the prisoner until transported to the County Jail or cited and released. 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. 4780 San Joaquin Tracy PD TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be 900 TEMPORARY CUSTODY OF ADULTS at least one employee on duty at all times in a local This policy provides guidelines to address detention facility or in the building which houses a local the health and safety of adults taken into detention facility who shall be immediately available temporary custody by members of the Tracy and accessible to inmates in the event of an Police Department for processing prior to emergency. being released or transferred to a housing or other type of facility. 900.3.2 SUPERVISION IN TEMPORARY ☒ ☐ ☐ CUSTODY An authorized department member capable of supervising shall be present at all times when an individual is held in temporary custody. There were no arrestees held during this inspection cycle. 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 900.3.2 SUPERVISION IN TEMPORARY custody, there shall be at least one female employee CUSTODY who shall be immediately available and accessible to At least one female department member such females. should be present when a female adult is in Note: Reference PC§ 4021. temporary custody. In the event that none is readily available, the female in custody ☒ ☐ ☐ should be transported to another facility or released pursuant to another lawful process. There were no arrestees held during this inspection cycle. To determine if there is a sufficient number of 900.3.3 STAFFING PLAN personnel for a specific facility, the facility administrator The Chief of Police or the authorized shall prepare and retain a staffing plan indicating the designee shall ensure a staffing plan is personnel assigned in the facility and their duties. Such prepared and maintained, indicating a staffing plan shall be reviewed by the Board staff at assigned personnel and their duties ☒ ☐ ☐ 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 900.5 SAFETY, HEALTH AND OTHER PROVISIONS Safety checks shall be conducted at least hourly 900.5.1 TEMPORARY CUSTODY LOGS through direct visual observation of all inmates. There Any time an individual is in temporary shall be no more than a 60-minute lapse between custody at the Tracy Police Department, the safety checks. custody shall be promptly and properly ☒ ☐ ☐ documented in a custody log. There were no safety checks reviewed as there were no arrestees held during this inspection cycle. There is a written plan that includes the documentation of routine safety checks. ☒ ☐ ☐ 4780 San Joaquin Tracy PD TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1028 FIRE AND LIFE SAFETY STAFF 900.12 TRAINING Department members should be trained and familiar with this policy and any supplemental procedures. Whenever there is an inmate in custody, there shall be at least one person on duty at all times who meets the ☒ ☐ ☐ (d) Emergency procedures and planning, training standards established by the BSCC for general fire safety, and life safety fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least All staff are trained in fire and life safety. one person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 204 General Order General Orders establish an Facility administrator(s) shall develop and publish a interdepartmental communication that may manual of policy and procedures for the facility. The be used by the Chief of Police to make policy and procedures manual shall address all immediate changes to policy and procedure applicable Title 15 and Title 24 regulations and shall be consistent with the current Memorandum of comprehensively reviewed and updated at least every Understanding and as permitted by two years. Such a manual shall be made available to Government Code § 3500 et seq. all employees. ☒ ☐ ☐ 204.2.2 CHIEF OF POLICE The policies and procedures required in subsections The Chief of Police shall issue all (a)(6) and (a)(7) may be placed in a separate manual to Departmental Directives. 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 Reviewed communications. ☒ ☐ ☐ (2) Inspections and operations reviews by the facility 908.8 Holding Cell and Hard Interview administrator/manager. ☒ ☐ ☐ Rooms Inspections (3) Policy on the use of force. 466.7 USE OF FORCE Use of force is governed by current department policy and applicable law (see the Use of Force, Handcuffing and ☒ ☐ ☐ Restraints, Control Devices and Techniques, and Conducted Energy Device policies). 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4780 San Joaquin Tracy PD TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) Policy on the use of restraint equipment, 306.3 USE OF RESTRAINTS including the restraint of pregnant inmates as Only members who have successfully referenced in Penal Code Section 3407. completed Tracy Police Department- approved training on the use of restraint devices described in this policy are authorized to use these devices. 306.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. Leg irons, waist chains, or handcuffs behind ☒ ☐ ☐ the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property. No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). (5) Procedure and criteria for screening newly This occurs at the jail. 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: Verified ☒ ☐ ☐ (A) physical counts of inmates, Detainees are not left unattended in a ☐ ☐ ☒ holding cell or interview room. (B) searches of the facility and inmates, 322 Search and Seizure It is the policy of the Tracy Police Department to respect the fundamental privacy rights of individuals. Members of this ☒ ☐ ☐ department will conduct searches in strict observance of the constitutional rights of persons being searched (C) contraband control, and, 900.8 HOLDING CELLS & HARD INTERVIEW ROOMS A thorough inspection of the holding cell or hard interview room shall be conducted ☒ ☐ ☐ before placing an individual into the cell and/or interview room to ensure there are no weapons or contraband and that the cell and/or interview room is clean and sanitary. (D) key control. 900.11 ASSIGNED ADMINISTRATOR The Operation Commander will ensure any reasonably necessary supplemental ☒ ☐ ☐ procedures are in place to address the following issues: (b) Key control 4780 San Joaquin Tracy PD TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each facility administrator shall, at least annually, 206.4 UPDATING OF MANUALS review, evaluate, and make a record of security The Chief of Police or designee shall review measures. The review and evaluation shall include the Emergency Management Plan Manual internal and external security measures of the facility at least once every two years to ensure that including security measures specific to prevention of the manual conforms to any revisions made sexual abuse and sexual harassment. by the National Incident Management System (NIMS) and the Standardized ☒ ☐ ☐ Emergency Management System (SEMS) and should appropriately address any needed revisions. The last review and update of the Emergency Manual was reviewed in March of 2020 and is completed in partnership with the Department of Emergency Services. (7) Emergency procedures include: 900.11 ASSIGNED ADMINISTRATOR (A) fire suppression preplan as required by The Operation Commander will ensure any section 1032 of these regulations; reasonably necessary supplemental procedures are in place to address the following issues (15 CCR 1029): (a) General security (b) Key control (c) Sanitation and maintenance (d) Emergency medical treatment (15 CCR 1200) (e) Escapes (f) Evacuation plans (g) Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR 1032 (h) Disaster plans ☒ ☐ ☐ (i) Building and safety code compliance (j) Civil and other disturbances including hostage situations (k) Periodic testing of emergency equipment (l) Emergency suspension of Title 15 regulations and notice to the Board of State and Community Corrections as required in 15 CCR 1012 (m) Inspections and operations reviews (n) Any other applicable requirements under 15 CCR 1029 Annual review and evaluation of security measures including internal and external security measures, sanitation, safety, and maintenance (15 CCR 1280). (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ (C) mass arrests; ☒ ☐ ☐ (D) natural disasters; ☒ ☐ ☐ (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ (F) storage, issue, and use of weapons, ammunition, chemical agents, and related ☒ ☐ ☐ security devices. 4780 San Joaquin Tracy PD TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Suicide Prevention. ☒ ☐ ☐ (9) Segregation of Inmates. ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual Prison Rape Elimination Act abuse and sexual harassment. 904.2 POLICY The Tracy Police Department has zero tolerance towards all forms of sexual abuse and sexual harassment (28 CFR 115.111). The Department will not tolerate retaliation against any person who reports sexual abuse or sexual harassment or who ☒ ☐ ☐ cooperates with a sexual abuse or sexual harassment investigation. The Tracy Police Department will take immediate action to protect detainees and prisoners who are reasonably believed to be subject to a substantial risk of imminent sexual abuse (28 CFR 115.162; 15 CCR 1029). (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, Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, ☒ ☐ ☐ retaliation by other inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, community members, and other interested third- parties to report sexual abuse or sexual ☒ ☐ ☐ harassment. The method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.4.1 SCREENING AND PLACEMENT The officer responsible for an individual in custody shall (15 CCR 1050): The facility shall have a comprehensive written suicide prevention program developed by the facility ☒ ☐ (a) Complete the Medical Screening Form. administrator, in conjunction with the health authority ☐ Advise the Watch Commander of any and mental health director, to identify, monitor, and significant risks presented by the individual provide treatment to those inmates who present a (e.g., suicide risk, health risk, violence). suicide risk. The program shall include the following: All staff are trained in suicide prevention. (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. ☒ ☐ ☐ 4780 San Joaquin Tracy PD TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ (h) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 1032 FIRE SUPPRESSION PREPLANNING 900.11 ASSIGNED ADMINISTRATOR The Operation Commander will ensure any Pursuant to Penal Code Section 6031.1(b), the facility reasonably necessary supplemental administrator shall consult with the local fire department ☒ ☐ procedures are in place to address the having jurisdiction over the facility, with the State Fire ☐ following issues (15 CCR 1029): Marshal, or both, in developing a plan for fire (g) Fire- and life-safety, including a fire suppression which shall include, but not be limited to: suppression pre-plan as required by 15 CCR 1032 (a) a fire suppression pre-plan developed with the local Confirmed 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 Two years of fire life and safety inspections a monthly basis with two-year retention of the inspection were reviewed and reflected that monthly ☒ ☐ ☐ record; inspections are complete and documented. (c) fire prevention inspections as required by Health and The local fire inspection was completed on Safety Code Section 13146.1(a) and (b) which requires June 10, 2021. ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ (e) a plan for the emergency housing of inmates in the San Joaquin County Jail. case of fire. ☒ ☐ ☐ 1044 INCIDENT REPORTS 344.1.1 REPORT PREPARATION Employees should ensure that reports are Each facility administrator shall develop written policies sufficiently detailed for their purpose and and procedures for the maintenance of written records free from errors prior to submission. It is the and reporting of all incidents which result in physical responsibility of the assigned employee to harm, or serious threat of physical harm, to an complete and submit all reports taken during employee or inmate of a detention facility or other ☒ ☐ ☐ the shift before going off-duty unless person. permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads or arrest reports where the suspect remains in custody should not be held. 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 assigned to investigate the incident and submitted to ☒ ☐ ☐ the facility manager or his/her designee. 4780 San Joaquin Tracy PD TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY 900.9 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY (a) Death in Custody Reviews for Adults and Minors. The Operation Commander Division Commander will ensure procedures are in The facility administrator, in cooperation with the health place to address any suicide attempt, death, administrator, shall develop written policy and or serious injury of any individual in procedures to ensure that there is an initial review of temporary custody at the Tracy Police every in-custody death within 30 days. The review ☒ ☐ ☐ Department. The procedures should include team shall include the facility administrator and/or the the following: facility manager, the health administrator, the responsible physician and other health care and (h) In-custody death reviews (15 CCR 1046) supervision staff who are relevant to the incident. (i) Notification to the Attorney General within 10 days of any death in custody including any reasonably known facts concerning the death (Government Code § 12525) 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 900.9 SUICIDE ATTEMPT, DEATH, OR In any case in which a minor dies while detained in a jail, SERIOUS INJURY lockup, or court holding facility: The Operation Commander Division Commander will ensure procedures are in place to address any suicide attempt, death, or serious injury of any individual in temporary custody at the Tracy Police ☒ ☐ ☐ Department. The procedures should include the following: (h) In-custody death reviews (15 CCR 1046) (i) Notification to the Attorney General within 10 days of any death in custody including any reasonably known facts concerning the death (Government Code § 12525) (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. 4780 San Joaquin Tracy PD TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 900.4.1 SCREENING AND PLACEMENT The officer responsible for an individual in custody shall (15 CCR 1050): (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written (a) Complete the Medical Screening Form. classification plan designed to properly assign inmates Advise the Watch Commander of any to housing units and activities according to the significant risks presented by the individual categories of sex, age, criminal sophistication, (e.g., suicide risk, health risk, violence). seriousness of crime charged, physical or mental health Thorough Classification and housing needs, assaultive/non-assaultive behavior, risk of being screening occurs at the jail. sexually abused, or sexually harassed and other criteria which will provide for the safety of the inmates and staff. ☐ ☐ ☒ Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the inmate's health ☒ ☐ ☐ and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY The facility administrator, in cooperation with the Individuals who exhibit certain behaviors or responsible physician, shall develop written policies conditions should not be in temporary and procedures specifying those symptoms that custody at the Tracy Police Department, but require segregation of an inmate until a medical should be transported to a jail facility, a evaluation is completed. medical facility, or another type of facility as appropriate. These include: (h) Any individual who claims to have, is ☒ ☐ ☐ known to be afflicted with, or displays symptoms of any communicable disease that poses an unreasonable exposure risk (15 CCR 1051). The Communicable Disease Policy was reviewed and contains protocols specific to a pandemic response. At the time of intake into the facility, an inquiry shall be Policy 900.3 GENERAL CRITERIA made of the person being booked as to whether or not Policy 900.3.1 INDIVIDUALS WHO he/she has or has had any communicable diseases, SHOULD NOT BE IN TEMPORARY such as tuberculosis or has observable symptoms of ☐ CUSTODY 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. 4780 San Joaquin Tracy PD TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY Individuals who exhibit certain behaviors or The facility administrator, in cooperation with the conditions should not be in temporary responsible physician, shall develop written policies custody at the Tracy Police Department, but and procedures to identify and evaluate all mentally ☒ ☐ ☐ should be transported to a jail facility, a disordered inmates, and may include telehealth. medical facility, or another type of facility as appropriate. These include: (j) Any individual who is obviously developmentally disabled (15 CCR 1057). If an evaluation from medical or mental health staff is 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 A mentally disordered inmate would not be safety of the inmate or others. ☐ ☐ ☒ held in this facility. 1053 ADMINISTRATIVE SEGREGATION 900.12 TRAINING Department members should be trained and Except in Type IV facilities, each facility administrator familiar with this policy and any shall develop written policies and procedures which supplemental procedures. provide for the administrative segregation of inmates (c) Inmate segregation who are determined to be prone to: promote activity or Holding cells would be utilized for the behavior that is criminal in nature or disruptive to segregation of detainees. 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 There is no safety cell in this facility. 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. ☐ ☐ ☒ 4780 San Joaquin Tracy PD TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible health care staff; continued retention shall ☐ ☐ ☒ be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or ☐ ☐ ☒ at the next daily sick call, whichever is earliest. The inmate shall be medically cleared for continued retention every 24 hours thereafter. ☐ ☐ ☒ The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff ☐ ☐ ☒ on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be ☐ ☐ ☒ documented. Procedures shall be established to assure administration of necessary nutrition and fluids. ☐ ☐ ☒ Inmates shall be allowed to retain sufficient clothing, or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific ☐ ☐ ☒ identifiable risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL There is no sobering cell in this facility. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a threat to their own safety or the safety of others ☐ ☐ ☒ due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical procedures in accordance with section ☐ ☐ ☒ 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every ☐ ☐ ☒ half hour. Such observation shall be documented. 4780 San Joaquin Tracy PD TH PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED INMATES 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY Individuals who exhibit certain behaviors or The facility administrator, in cooperation with the conditions should not be in temporary responsible physician, shall develop written policies custody at the Tracy Police Department, but and procedures for the identification and evaluation, ☒ ☐ ☐ should be transported to a jail facility, a appropriate classification and housing, protection, and medical facility, or another type of facility as nondiscrimination of all developmentally disabled appropriate. These include: inmates. (j) Any individual who is obviously developmentally disabled (15 CCR 1057). 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 306.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain a person who may, The facility administrator, in cooperation with the after brief investigation, be released without responsible physician, shall develop written policies arrest. Unless arrested, the use of restraints and procedures for the use of restraint devices and on detainees should continue only for as may delegate authority to place an inmate in restraints long as is reasonably necessary to ensure to a responsible health care staff. ☒ ☐ ☐ the safety of officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. Mechanical restraints are the only type of restraint utilized in this facility. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the following areas: ☐ ☐ ☒ acceptable restraint devices; signs or symptoms which should result in immediate medical/mental health referral; ☐ ☐ ☒ availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a substitute for treatment. ☐ ☐ ☒ Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ambulatory. ☐ ☐ ☒ Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, responsible health care staff; continued ☐ ☐ ☒ retention shall be reviewed a minimum of every hour. 4780 San Joaquin Tracy PD TH PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A medical opinion on placement and retention shall be secured within one hour from the time of placement. ☐ ☐ ☒ A medical assessment shall be completed within four hours of placement. ☐ ☐ ☒ If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight ☐ ☐ ☒ hours, the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly employed, and to ensure the safety and ☐ ☐ ☒ well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which makes provisions to protect the inmate ☐ ☐ ☒ from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when ☐ ☐ ☒ used to restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 306.3.2 RESTRAINT OF PREGNANT PERSONS The facility administrator, in cooperation with the Persons who are known to be pregnant responsible physician, shall develop written policies should be restrained in the least restrictive and procedures for the use of restraint devices on manner that is effective for officer safety. pregnant inmates. In accordance with Penal Code Leg irons, waist chains, or handcuffs behind 3407 the policy shall include reference to the following: the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure ☒ ☐ ☐ self or others, or damage property. No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). (1) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the ☒ ☐ ☐ body. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed ☒ ☐ ☐ necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery ☒ ☐ ☐ after delivery determines that the removal of restraints is medically necessary. 4780 San Joaquin Tracy PD TH PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 The facility administrator shall develop written policies and procedures which allow reasonable access to a ☐ ☐ ☒ telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL Inmates are not held in this facility. 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 Mail is not processed in this facility. regulations, and, ☐ ☐ ☒ (b) confidential consultation with attorneys. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY PENALTIES This is a temporary holding facility. Inmates are not housed or detained for an extended Wherever discipline is administered, each facility period of time. ☐ ☐ ☒ 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 This is a temporary holding facility. Inmates are not housed or detained for an extended period of time. 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: 4780 San Joaquin Tracy PD TH PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose ☐ ☐ ☒ such consequences. Staff shall not participate in disciplinary review if they are involved in the charges. ☐ ☐ ☒ Such charges pending against an inmate shall be acted on with the following provisions and within ☐ ☐ ☒ specified timeframes: 1. A copy of the report, and/or a separate written notice of the violation(s), shall be provided to the ☐ ☐ ☒ inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges ☐ ☐ ☒ in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have access to staff or inmate ☐ ☐ ☒ assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the ☐ ☐ ☒ charge(s) in writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the action taken shall be reviewed by the facility ☐ ☐ ☒ manager or designee. 6. The inmate shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the disciplinary ☐ ☐ ☒ action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a supervisor on all disciplinary action. ☐ ☐ ☒ (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in which the safety of the ☐ ☐ ☒ inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 4780 San Joaquin Tracy PD TH PRO 20-22 - 15 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE This is a temporary holding facility. Inmates are not housed or detained for an extended period of time. 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 This is a temporary holding facility. Inmates are not housed or detained for an extended period of time. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 consecutive days there shall be a review by the ☐ ☐ ☒ facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day except that ☐ ☐ ☒ those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (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. 4780 San Joaquin Tracy PD TH PRO 20-22 - 16 - A351 TH PRO eff. 1/2019 (18-20).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 This is a temporary holding facility. Inmates are not housed or detained for an extended period of time. 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. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act There were no minors held in this facility during this (JJDPA) establishes the following federal standards inspection cycle. on the detention of minors: (1) Deinstitutionalization of Status Offenders (2) Separation ☒ ☐ (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how ☐ ☒ facilities hold minors in temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 4780 San Joaquin Tracy PD TH PRO 20-22 - 17 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 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 324.12 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE The Watch Commander will ensure procedures The facility administrator shall develop written policies are in place to address the suicide attempt, and procedures concerning minors being held in death, or serious injury of any juvenile held at temporary custody which shall address: the Tracy Police Department (15 CCR 1142; 15 CCR 1047). The procedures will address: (a) Immediate notification of the on-duty supervisor, Chief of Police, and Support Services Division Supervisor. (b) Notification of the parent, guardian, or person standing in loco parentis of the juvenile. (c) Notification of the appropriate prosecutor. ☒ ☐ ☐ (d) Notification of the City attorney. (e) Notification to the coroner. (f) Notification of the juvenile court. (g) In the case of a death, providing a report to the Attorney General under Government Code § 12525 within 10 calendar days of the death, and forwarding the same report to the Board of State and Community Corrections within the same time frame (15 CCR 1046). (h) A medical and operational review of deaths and suicide attempts pursuant to 15 CCR 1046. (i) Evidence preservation. (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 324.8 TEMPORARY CUSTODY CUSTODY REQUIREMENTS Members and supervisors assigned to (a) The following shall be made available to all minors monitor or process any juvenile at the Tracy ☒ ☐ ☐ held in temporary custody: Police Department. There were no minors held during this inspection cycle. (1) access to toilets and washing facilities; ☒ ☐ ☐ 4780 San Joaquin Tracy PD TH PRO 20-22 - 18 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (2) one snack upon request during term of temporary custody if the minor has not eaten within the past four (4) hours or is otherwise in need of ☒ ☐ ☐ nourishment; (3) access to drinking water; and, ☒ ☐ ☐ (4) privacy during consultation with family, guardian, and/or lawyer. ☒ ☐ ☐ (5) blankets and clothing, as necessary, to assure the comfort of the minor; and, ☒ ☐ ☐ (6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or ☒ ☐ ☐ is required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 324.7 NO-CONTACT REQUIREMENTS ADULT PRISONERS Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Department (34 USC The facility administrator shall establish policies and § 11133; Welfare and Institutions Code § procedures to restrict contact, as defined in Section ☒ ☐ ☐ 207.1(d); Welfare and Institutions Code § 1006, between minors and adults confined in the facility. 208; 15 CCR 1144). There should also be sight and sound separation between non- offenders and juvenile and status offenders. In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall ☒ ☐ ☐ maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 324.11 SECURE CUSTODY Only juvenile offenders 14 years of age or A minor who is taken into temporary custody by a peace older may be placed in secure custody officer on the basis that he or she is a person described (Welfare and Institutions Code § 207; 15 by Section 602 of the Welfare and Institutions Code may CCR 1145). Watch Commander approval is be held in secure custody in a law enforcement facility required before placing a juvenile offender in that contains a lockup for adults if the minor is 14 years secure custody. of age or older and if, in the reasonable belief of the 324.8 TEMPORARY CUSTODY peace officer, the minor presents a serious security risk REQUIREMENTS of harm to self or others, as long as all other conditions Members and supervisors assigned to of secure custody set forth in these standards are met. ☒ ☐ ☐ monitor or process any juvenile at the Tracy Any minor in temporary custody who is less than 14 Police Department. years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of There were no minors held during this harm to self or others, shall not be placed in secure inspection cycle. custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a 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; 4780 San Joaquin Tracy PD TH PRO 20-22 - 19 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (b) 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 There were no minors held during this inspection cycle. While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cuffing rail, ☒ ☐ ☐ or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 324.2 POLICY CUSTODY INSIDE A LOCKED The Tracy Police Department is committed to ENCLOSURE releasing juveniles from temporary custody as soon as reasonably practicable and (a) Minors shall receive adequate supervision which, at keeping juveniles safe while they are in a minimum, includes: temporary custody at the Tracy Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release. Non-secure custody - When a juvenile is held in the presence of an officer or other custody ☒ ☐ ☐ employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication, is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1(d); 15 CCR 1150). (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) Males and females shall not be placed in the same locked room unless under constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. 4780 San Joaquin Tracy PD TH PRO 20-22 - 20 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1148 SUPERVISION OF MINORS IN SECURE Secure custody - When a juvenile offender is CUSTODY OUTSIDE OF A LOCKED held in a locked room, a set of rooms, or a ENCLOSURE cell. Secure custody also includes being physically secured to a stationary object (15 CCR 1146). Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object Examples of secure custody include: for more than 60 minutes unless no other locked (a) A juvenile left alone in an unlocked room enclosure is available. within the secure perimeter of the adult temporary holding area. (b) A juvenile handcuffed to a rail. (c) A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds. (d) A juvenile being processed in a secure ☒ ☐ ☐ booking area when a non-secure booking area is available. (e) A juvenile left alone in a secure booking area after being photographed and fingerprinted. (f) A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked. (g) A juvenile placed in a room that is capable of being locked or contains a fixed object designed for cuffing or restricting movement. There were no minors held during this inspection cycle. 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. 4780 San Joaquin Tracy PD TH PRO 20-22 - 21 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1149 CRITERIA FOR NON-SECURE CUSTODY Non-secure custody - When a juvenile is held in the presence of an officer or other custody employee at all times and is not placed in a Minors held in temporary custody, who do not meet locked room, cell, or behind any locked the criteria for secure custody as specified in Section doors. Juveniles in non-secure custody may 207.1(d) of the Welfare and Institutions Code, may be be handcuffed but not to a stationary or held in non-secure custody to investigate the case, secure object. Personal supervision, through facilitate release of the minor to a parent or guardian, direct visual monitoring and audio two-way or arrange for transfer of the minor to an appropriate juvenile facility. ☒ ☐ ☐ communication, is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1(d); 15 CCR 1150). There were no minors held during this inspection cycle. 1150 SUPERVISION OF MINORS IN NON- There were no minors held during this SECURE CUSTODY inspection cycle. Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement facility. Entry and release times shall be ☒ ☐ ☐ documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF ANY 324.3 JUVENILES WHO SHOULD NOT BE INTOXICATING SUBSTANCE IN SECURE OR NON- HELD SECURE CUSTODY Juveniles who exhibit any of the following conditions should not be held at the Tracy Facility administrators shall develop policies and Police Department: procedures providing that a medical clearance shall be (a) Unconscious obtained for minors who are under the influence of (b) Seriously injured drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. (c) A known suicide risk or obviously severely emotionally disturbed (d) Significantly intoxicated except when ☒ ☐ ☐ approved by the Watch Commander. 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 (15 CCR 1151). (e) Extremely violent or continuously violent. There were no minors held during this inspection cycle. Supervision of minors in secure custody in a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance 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. 4780 San Joaquin Tracy PD TH PRO 20-22 - 22 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall ☒ ☐ ☐ be supervised in accordance with Section 1150. 4780 San Joaquin Tracy PD TH PRO 20-22 - 23 - A351 TH PRO eff. 1/2019 (18-20).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a ☐ ☐ ☒ parent or guardian, or arranging transfer to an Number of violations: appropriate juvenile facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the ☐ ☐ ☒ law enforcement facility for longer than six hours. Number of violations: 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the length of time the secure detention ☐ ☐ ☒ Number of violations: is expected to last, and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in Number of violations: ☐ ☐ ☒ the facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION The minor is adequately supervised. ☐ ☐ ☒ Number of violations: 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and circumstances forming the basis ☐ ☐ ☒ for the decision to place the minor in secure Number of violations: detention, and the length of time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody Number of violations: in the law enforcement facility for longer than six ☐ ☐ ☒ hours. 4780 San Joaquin Tracy PD TH PRO 20-22 - 24 - A351 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 4780 FACILITY NAME: Tracy Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1988 FIELD REPRESENTATIVE: Kimberly Moule DATE: July 13, 2021 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 X hours) Weapons Locker (3.12) External to the security area and equipped with X individual compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) 01: name change to “Sobering Cell” X Limited to no more than 8 inmates Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) X Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet X Limited to no more than one inmate X Contain flush ring toilet (flush with floor) with controls X located outside the cell Padded floor, door and walls X 4780 San Joaquin Tracy PD TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Equipped with variable intensity, security light, with controls located outside the cell X Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell X door (Facility planned or constructed prior to 8-86) Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which X must be in the door (Facility planned or constructed after 8-86; See regulations for later changes)) Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at X least 30 inches above the floor Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) X For facilities planned or constructed after 8-86 Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 4780 San Joaquin Tracy PD TH PHY 20-22 - 2 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 4780 FACILITY: Tracy Police Department TYPE: TH RC: 0 FIELD REPRESENTATIVE: Kimberly Moule DATE: July 13, 2021 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 3 Holding 1994 1 1 4 (4) 7' x 10.3' 1 1 1 Notes: 78" x 30” bench. Females or juvenile/between gates. 2 Holding 1994 1 1 4 (4) 7' x 10.7' 1 1 1 Notes: 78" x 30” bench. 1 Holding 1994 1 1 4 (4) 6.9' x 14.7' 1 1 Notes: 78" x 30” bench. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total BRC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 4780 San Joaquin Tracy PD TH LASE 20 -22 - 1 - A360 LAS Adult.dot (03/01)