San Joaquin Tracy PD (2023-2024 inspection cycle)

January 22, 2025 Sekou Millington, Chief of Police Tracy Police Department 1000 Civic Center Drive Tracy, CA 95376 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, TRACY POLICE DEPARTMENT’S DETENTION FACILITY Dear Chief Millington: The 2023-2024 Comprehensive Inspection of the Tracy City Police Department has been completed. A pre-inspection briefing was held on Friday, October 18, 2024, and the following facility was inspected on Monday, December 9, 2024: FACILITY NAME BSCC # FACILITY TYPE Tracy Police Department’s City Jail 4780 THJ This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition to the inspection(s) 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). The results of those inspections are considered a part of this report. INSPECTION RESULTS We identified no items of noncompliance with Title 15 or Title 24 Minimum Standards. For detailed information refer to the attached Procedures Checklist, Physical Plant Evaluation, and Living Area Space Evaluation. An Exit Briefing with your staff was held on Monday, December 9, 2024; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. * * * Please email me at matthew.schuler@bscc.ca.gov or call 916-261-4323 if you have any questions. Sekou Millington Chief of Police Page 2 Sincerely, MATTHEW SCHULER Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, San Joaquin County Superior Court* Chair, Grand Jury, San Joaquin County* Chair, Board of Supervisors, San Joaquin County* County Administrator, San Joaquin County* Gustavo Cisneros, Corporal, Tracy Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 4780 San Joaquin Tracy PD CI TH LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4780 FACILITY NAME: TRACY POLICE DEPARTMENT FACILITY TYPE: THJ PERSON(S) INTERVIEWED: CORPORAL GUSTAVO CISNEROS FIELD REPRESENTATIVE: MATTHEW SCHULER DATE: DECEMBER 9, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Tracy Police Department Policy Manual HOLDING FACILITY TRAINING Section (TPM) 900.12 - Training At a minimum, all supervisors of and personnel who BSCC staff confirmed that all staff has supervise incarcerated persons in, a Court Holding or completed the mandatory 8-hour training for Temporary Holding facility shall complete eight hours of Temporary Holding Facilities. specialized corrections training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; (c) separation of incarcerated persons; (d) emergency procedures and planning, fire and life ☒ ☐ ☐ safety; and; (e) suicide prevention; (f) de-escalation; (g) juvenile procedures; (h) racial bias; and, (i) mental illness. Note: Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors. Such training shall be completed as soon as practical, but Tracy Police Department Policy Manual in any event not more than six months after the date of Section (TPM) 900.12 - Training assigned responsibility. 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. 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 PRO 23-24 Page 1 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A total of eight hours of refresher training shall be Tracy Police Department Policy Manual completed every two years. Successful completion of the Section (TPM) 900.12 – Training requirements in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. Policy states, “Eight hours of refresher training shall be completed once every two ☒ ☐ ☐ years. The Training Sergeant shall maintain records of all such training in the member’s training file.” 1027 NUMBER OF PERSONNEL TPM 900.3.2 – Supervision in Temporary Custody A sufficient number of personnel shall be employed in TPM 900.3.3 - Staffing Plan each local detention facility to ensure the implementation ☒ ☐ ☐ and operation of the programs and activities required by BSCC staff confirmed that the staffing model these regulations. meets the requirement of this regulation. Whenever there is a person in custody, there shall be at TPM 900.3.2 – Supervision in Temporary least one employee on duty at all times in a local Custody detention facility or in the building which houses a local TPM 900.3.3 - Staffing Plan detention facility who shall be immediately available and accessible to incarcerated people in the event of an Policy states, “An authorized department emergency. member capable of supervising shall be ☒ ☐ ☐ present at all times when an individual is held in temporary custody.” Arresting officers are responsible for the supervision of their prisoner while in the Jail. Such an employee shall not have any other duties which TPM 900.3.2 – Supervision in Temporary would conflict with the supervision and care of Custody incarcerated people in the event of an emergency. TPM 900.3.3 - Staffing Plan ☒ ☐ ☐ Policy states, “The agency’s manual states the member responsible ‘should not have duties that could unreasonably conflict with his/her supervision.’” Whenever one or more females are in custody, there TPM 900.3.2 – Supervision in Temporary shall be at least one female employee who shall be Custody immediately available and accessible to such females. TPM 900.3.3 - Staffing Plan Note: Reference PC § 4021. Policy states, “At least one female member ☒ ☐ ☐ should be present when a female adult is in 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.” In order to determine if there is a sufficient number of TPM 900.3.2 – Supervision in Temporary personnel for a specific facility, the facility administrator Custody shall prepare and retain a staffing plan indicating the TPM 900.3.3 - Staffing Plan personnel assigned in the facility and their duties. Such a staffing plan shall be reviewed by the Board staff at the ☒ ☐ ☐ Policy states, “The Chief of Police or the time of their biennial inspection. The results of such a authorized designee shall ensure a staffing review and recommendations shall be reported to the plan is prepared and maintained, indicating local jurisdiction having fiscal responsibility for the facility. assigned personnel and their duties.” 4780 San Joaquin Tracy PD PRO 23-24 Page 2 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027.5 SAFETY CHECKS TPM 900.5.1 – Temporary Custody Logs TPM 900.8 - Holding Cells The facility administrator shall develop and implement policy and procedures for conducting safety checks that Policy states, “A safety check consisting of include, but are not limited to, the following: direct visual observation sufficient to assess (a) Safety checks will determine the safety and well-being the individual's well-being and behavior shall of individuals and shall be conducted at least hourly occur at least once every 30 minutes with no ☒ ☐ ☐ through direct visual observation of all people held and more than a 15-minute lapse between safety housed in the facility. checks. Each safety check shall be documented in the cell log. Supervisors shall check the logs for completeness every two hours and document this action on the cell log.” (b) There shall be no more than a 60-minute lapse TPM 900.5.1 – Temporary Custody Logs between safety checks. TPM 900.8 - Holding Cells ☒ ☐ ☐ Policy states, “Safety checks by department members shall occur no less than every 15 minutes.” (c) Safety checks for people in sobering cells, safety cells, TPM 900.5.1 – Temporary Custody Logs and restraints shall occur more frequently as outlined in TPM 900.8 - Holding Cell section 1055, section 1056, and section 1058 of these ☒ ☐ ☐ HPM 900.8.1 – Use of Sobering Cell regulations. (d) Safety checks shall occur at random or varied TPM 900.8 - Holding Cells intervals. ☒ ☐ ☐ Policy states, “Safety checks should be at varying times.” (e) There shall be a written plan that includes the TPM 900.8 - Holding Cells documentation of all safety checks. Documentation shall include: ☒ ☐ ☐ (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check TPM 900.8 - Holding Cells occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff TPM 900.8 - Holding Cells who completed the safety check(s). ☒ ☐ ☐ (f) A documented process by which safety checks are TPM 900.8 - Holding Cells reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns BSCC staff reviewed a random sampling of of inconsistent documentation, or untimely completion of, ☒ ☐ ☐ safety checks from January 2023 through safety checks. October 2024. Documentation appeared to be compliant with this regulation. 1028 FIRE AND LIFE SAFETY STAFF TPM 900.12 – Training Whenever there is a person in custody, there shall be at Policy states, “Department members should least one person on duty at all times who meets the be trained and familiar with this policy and any training standards established by the Board for general ☒ ☐ ☐ supplemental procedures. fire and life safety. [Penal Code section 6030(c)]. (d) Emergency procedures and planning, fire safety, and life safety.” 4780 San Joaquin Tracy PD PRO 23-24 Page 3 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager shall ensure that there is at least one TPM 900.12 – Training person on duty who trained in fire and life safety procedures that relate specifically to the facility. Policy states, “The plan should ensure that at least one member who meets the training standards established by the Board of State ☒ ☐ ☐ and Community Corrections (BSCC) for general fire- and life-safety and is trained in fire- and life-safety procedures relating specifically to the facility is on-duty at all times.” 1029 POLICY AND PROCEDURES MANUAL2 Tracy Police Department Policy and Procedures Manual (TPM). Section 900 Facility administrator(s) shall develop and publish a addresses custody procedures. manual of policy and procedures for the facility. The policy and procedures manual shall address all Manual last updated on September 17, 2024. applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every ☒ ☐ ☐ two years. Such a manual shall be made available to all employees. Notes: The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III TPM 200 - Organizational Structure and facilities shall provide for, but not be limited to, the Responsibility following: TPM 200.3 - Command Protocol ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility TPM 900.11(m) - Inspections and Operations administrator/manager. ☒ ☐ ☐ Reviews (3) Policy on the use of force that meets current state TPM 300 - Use of Force and federal legal requirements and includes prohibition of the use of carotid restraint and choke ☒ ☐ ☐ This Department-wide policy includes the holds. Temporary Holding Facility. (4) Policy on the use of restraint equipment, including TPM 302 - Handcuffing and Restraints the restraint of pregnant persons as referenced in TPM 302.3.2 - Restraint of Pregnant Persons Penal Code Section 3407. ☒ ☐ ☐ TPM 900.6 - Use of Restraint Devices TPM 900.6.1 - Pregnant Adults (5) Procedure and criteria for screening newly TPM 411 – Cite and Release Policy received persons for release. ☒ ☐ ☐ (6) Security and control including physical counts and TPM 900.8 - Holding Cells searches of the facility and incarcerated persons, TPM 901 – Custodial Searches contraband control, and key control. TPM 311 – Search and Seizure Each facility administrator shall, at least annually, review, evaluate, and make a record of security BSCC staff reviewed the Annual Security ☒ ☐ ☐ measures. The review and evaluation shall include Review for the 2023-2024 inspection cycle. internal and external security measures of the facility Documentation appeared to be compliant including security measures specific to prevention of with this regulation. sexual abuse and sexual harassment. (7) Emergency procedures include: TPM 900.11 (g) – Fire Life Safety, including a (A) fire suppression preplan as required by fire suppression pre-plan ☒ ☐ ☐ section 1032 of these regulations; 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 PRO 23-24 Page 4 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (B) escape, disturbances, and the taking of TPM 900.11 (g) – Fire Life Safety, including a hostages; fire suppression pre-plan TPM 900.11 (e) - Escape ☒ ☐ ☐ TPM 900.11 (j) - Civil and other Disturbances including Hostage Situations (C) mass arrests; TPM 328 – Major Incident Notification ☒ ☐ ☐ (D) natural disasters; TPM 900.11(h) - Disaster Plans ☒ ☐ ☐ (E) periodic testing of emergency equipment; and TPM 900.11(i) - Building and Safety Code ☒ ☐ ☐ Compliance (F) storage, issue, and use of weapons, TPM 900.5.7 - Firearms and Other Security ammunition, chemical agents, and related Measures ☒ ☐ ☐ security devices. (8) Suicide Prevention. TPM 900.3.1 - Individuals Who Should Not Be ☒ ☐ ☐ in Temporary Custody (9) Separation of incarcerated persons. TPM 900.4.1 – Screening and Placement ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual abuse TPM 902 - PREA Policy and sexual harassment. ☒ ☐ ☐ TPM 902.9 – Training (11) Policy and procedure to detect, prevent, and TPM 902 - PREA Policy respond to retaliation against any staff or person after TPM 902.9 - Training ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for TPM 411 – Cite and Release Policy incarcerated persons. ☒ ☐ ☐ (e) The manual for Temporary Holding, Court Holding, TPM 902 - PREA Policy Type I, II, III, and IV facilities shall provide for, but not be TPM 902.9 - Training limited to, the following: (1) multiple internal ways for incarcerated people to BSCC staff confirmed that PREA Pamphlets privately report sexual abuse and sexual were posted within the jail holding area and in harassment, retaliation by other incarcerated ☒ ☐ ☐ the lobby for third party reporting. persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, TPM 902 - PREA Policy family, community members, and other interested TPM 902.9 – Training third parties to report sexual abuse or sexual ☒ ☐ ☐ harassment. The method for reporting shall be PREA pamphlets are posted in the lobby of publicly posted at the facility. the Police department for third party reporting. 1030 SUICIDE PREVENTION PROGRAM TPM 900.3.1 - Individuals Who Should Not Be in Temporary Custody The facility shall have a comprehensive written suicide prevention program developed by the facility administrator or designee, in conjunction with the health ☒ ☐ ☐ authority and mental health director, to identify, monitor, and provide treatment to those incarcerated persons who present a suicide risk. The program shall include the following: (a) Annual suicide prevention training for all custodial TPM 900.12 - Training personnel. ☒ ☐ ☐ (b) Intake screening for suicide risk immediately upon TPM 900.4 - Initiating Temporary Custody intake and prior to housing assignment. ☒ ☐ ☐ TPM 900.4.1 - Screening and Placement 4780 San Joaquin Tracy PD PRO 23-24 Page 5 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Suicide prevention screening during special TPM 900.4 - Initiating Temporary Custody situations, including placement in restrictive housing, TPM 900.4.1 - Screening and Placement following a hearing, and after a transfer or change in classification. Policy states, “The officer should specifically ☒ ☐ ☐ ask if the individual is contemplating suicide and evaluate the individual for obvious signs or indications of suicidal intent.” (d) Provisions facilitating communication among TPM 900.4 - Initiating Temporary Custody arresting/transporting officers, facility staff, court staff, TPM 900.4.1 - Screening and Placement medical and mental health personnel in relation to suicide ☒ ☐ ☐ risk. (e) Housing recommendations for people at risk of suicide TPM 900.4 - Initiating Temporary Custody that balance safety and environment. The least restrictive TPM 900.4.1 - Screening and Placement ☒ ☐ ☐ environment should be considered. (f) Supervision depending on level of suicide risk. TPM 900.4.1 - Screening and Placement ☒ ☐ ☐ Policy states, “(a) Continuous, direct sight and sound supervision.” (g) Suicide attempt and suicide intervention policies and TPM 900.4 - Initiating Temporary Custody procedures. ☒ ☐ ☐ TPM 900.4.1 - Screening and Placement (h) Provisions for reporting suicides and suicides TPM 900.4 - Initiating Temporary Custody attempts. TPM 900.4.1 - Screening and Placement TPM 900.5.8 - Reporting Physical Harm or ☒ ☐ ☐ Serious Threat of Physical Harm TPM 900.9 - Suicide Attempt, Death or Serious Injury (i) Multi-disciplinary administrative review of suicides and TPM 900.4 - Initiating Temporary Custody attempted suicides as defined by the facility TPM 900.4.1 - Screening and Placement administrator, including the development of a corrective TPM 900.5.8 - Reporting Physical Harm or action plan to address deficiencies identified in the ☒ ☐ ☐ Serious Threat of Physical Harm administrative review. TPM 900.9 - Suicide Attempt, Death or Serious Injury (j) Provisions for follow up care as needed. TPM 900.4 - Initiating Temporary Custody TPM 900.4.1 - Screening and Placement Note: Subsection (k) does not apply and has been TPM 900.5.8 - Reporting Physical Harm or deleted. ☒ ☐ ☐ Serious Threat of Physical Harm TPM 900.9 - Suicide Attempt, Death or Serious Injury 1032 FIRE SUPPRESSION PREPLANNING TPM 900.11 (g) – Fire Life Safety, including a fire suppression pre-plan 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 TPM 900.11 (g) – Fire Life Safety, including a fire department to be included as part of the policy and fire suppression pre-plan procedures manual (Title 15, California Code of ☒ ☐ ☐ Regulations Section 1029); (b) monthly fire prevention inspections by facility staff with TPM 900.11 (g) – Fire Life Safety, including a two-year retention of the inspection record; fire suppression pre-plan ☒ ☐ ☐ BSCC staff reviewed the required documentation and confirmed that it meets the requirements of the regulations. 4780 San Joaquin Tracy PD PRO 23-24 Page 6 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) fire prevention inspections as required by Health and TPM 900.11 (g) – Fire Life Safety, including a Safety Code Section 13146.1(a) and (b) which requires fire suppression pre-plan inspections at least once every two years; ☒ ☐ ☐ Fire Inspection last completed on December 5, 2024. (d) an evacuation plan; and TPM 900.11 (g) – Fire Life Safety, including a fire suppression pre-plan ☒ ☐ ☐ Evacuation plan is to transfer individuals to the San Joaquin County Jail. (e) a plan for the emergency housing of incarcerated TPM 900.11 (g) – Fire Life Safety, including a people in the case of fire. fire suppression pre-plan ☒ ☐ ☐ The emergency housing plan is to house arrestees at the San Joaquin County Jail. 1044 INCIDENT REPORTS TPM 900.5.8 - Reporting Physical Harm or Serious Threat of Physical Harm Each facility administrator shall develop written policies and procedures for the maintenance of written records No incident reports were submitted for and reporting of all incidents which result in physical ☒ ☐ ☐ reviewing this inspection cycle. harm, or serious threat of physical harm, to an employee or incarcerated person of a detention facility or other person. Such records shall include the names of the persons TPM 900.5.8 - Reporting Physical Harm or involved, a description of the incident, the actions taken, Serious Threat of Physical Harm ☒ ☐ ☐ and the date and time of the occurrence. Such a written record shall be prepared by the staff TPM 900.5.8 - Reporting Physical Harm or assigned to investigate the incident and submitted to the Serious Threat of Physical Harm ☒ ☐ ☐ facility manager or designee. 1046 DEATH IN CUSTODY TPM 900.5.8 - Reporting Physical Harm or Serious Threat of Physical Harm (a) The facility administrator shall develop written policy TPM 900.9 - Suicide Attempt, Death or and procedures to comply with the in-custody death Serious Injury reporting requirements of Government Code section TPM 329 – Death Investigation 12525. The facility administrator shall submit a copy of ☒ ☐ ☐ the report filed pursuant to section 12525 to the BSCC Policy states, “Notification to the Attorney within 10 days of an in-custody death. General within 10 days of any death in custody including any reasonably known facts concerning the death.” (b) The facility administrator, in cooperation with the TPM 900.5.8 - Reporting Physical Harm or health administrator, shall develop written policy and Serious Threat of Physical Harm procedures to conduct an initial review and complete a TPM 900.9 - Suicide Attempt, Death or written report of every in-custody death within 30 days of Serious Injury the death. The team that conducts the initial review shall TPM 329 – Death Investigation include, at a minimum, the facility administrator or designee, the health administrator, the responsible Policy states, “In-custody death reviews shall ☒ ☐ ☐ physician and other health care, and supervision staff will be within 30 days. The review shall who are relevant to the incident. include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. ” 4780 San Joaquin Tracy PD PRO 23-24 Page 7 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Deaths shall be reviewed to determine the TPM 900.5.8 - Reporting Physical Harm or appropriateness of clinical care; whether changes to Serious Threat of Physical Harm policies, procedures, or practices are warranted; and to TPM 900.9 - Suicide Attempt, Death or identify issues that require further study. Serious Injury TPM 329 – Death Investigation ☒ ☐ ☐ Policy states, “The Lieutenant shall ensure a multi-disciplinary administrative review of suicides and attempted suicides, as defined by the facility administrator, is conducted.” (c) The facility administrator shall submit a copy of the TPM 900.5.8 - Reporting Physical Harm or initial review report of every in-custody death to the BSCC Serious Threat of Physical Harm within 60 days of the death. The facility administrator shall TPM 900.9 - Suicide Attempt, Death or provide a copy of the initial review report that comports Serious Injury ☒ ☐ ☐ with the disclosure requirements of section 832.10 of the TPM 329 – Death Investigation Penal Code. The initial review report shall contain the following TPM 900.5.8 - Reporting Physical Harm or information: Serious Threat of Physical Harm (1) Demographic information TPM 900.9 - Suicide Attempt, Death or (A) Full name of the decedent Serious Injury (B) Date of birth TPM 329 – Death Investigation (C) Date of death (D) Time of death . (E) Gender (F) Race and ethnicity (G) Relevant medical history (2) Facility Information ☒ ☐ ☐ (A) Name and location of the detention facility (B) Description of the location where the death occurred within the facility (C) Date and time of the incident (D) Detention facility personnel (including names and roles) involved in the reporting of the death or incident (3) Any relevant circumstances leading up to death, including behavioral health or medical issues. (d) In any case in which a minor dies while detained in a TPM 900.5.8 - Reporting Physical Harm or jail, lockup, or court holding facility the BSCC may inspect Serious Threat of Physical Harm and evaluate the jail, lockup, or court holding facility TPM 900.9 - Suicide Attempt, Death or pursuant to the provisions of this subchapter within 30 Serious Injury calendar days of the death. Any inquiry made by the TPM 329 – Death Investigation Board shall be limited to the standards and requirements set forth in these regulations. Juveniles are not held in this facility. 4780 San Joaquin Tracy PD PRO 23-24 Page 8 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN TPM 900.4 - Initiating Temporary Custody TPM 900.4.1 – Screening and Placement (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign Policy states, “The officer responsible for an incarcerated persons to housing units and activities individual in temporary custody should according to the categories of gender identity, age, evaluate the person for any apparent chronic criminal sophistication, seriousness of crime charged, illness, disability, vermin infestation, possible physical or mental health needs, assaultive/non- communicable disease, or any other potential assaultive behavior, risk of being sexually abused, or risk to the health or safety of the individual or sexually harassed and other criteria which will provide for others. The officer should specifically ask if the safety of the incarcerated people and staff. Such the individual is contemplating suicide and ☒ ☐ ☐ housing unit assignment shall be accomplished to the evaluate the individual for obvious signs or extent possible within the limits of the available number indications of suicidal intent.” of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments. Note: Subsection (b) does not apply and has been deleted. (c) In deciding housing and programming assignments, TPM 900.4 - Initiating Temporary Custody the agency shall consider on a case-by-case basis TPM 900.4.1 – Screening and Placement whether a placement would ensure the health and safety of the incarcerated person, and whether the placement would present management or security problems. A Policy states, “The officer should promptly person’s own views with respect to their own safety shall notify the Watch Commander of any be given serious consideration. ☒ ☐ ☐ conditions that may warrant immediate medical attention or other appropriate action. The Watch Commander shall determine whether the individual will be placed in a cell, immediately released, or transported to jail or other facility.” 1051 COMMUNICABLE DISEASES TPM 900.3.1 - Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and Policy states, “Individuals who exhibit certain procedures specifying those symptoms that require behaviors or conditions should not be in ☒ ☐ ☐ medical isolation of an incarcerated person until a temporary custody at the Tracy Police medical evaluation is completed. Department, but should be transported to a jail facility, a medical facility, or another type of facility as appropriate.” At the time of intake into the facility, an inquiry shall be TPM 900.3.1 - Individuals Who Should Not made of the person being booked as to whether the Be in Temporary Custody person has or has had any communicable diseases, such as tuberculosis or has observable symptoms of Policy states, “Any individual who claims to tuberculosis or any other communicable diseases, or ☒ ☐ ☐ have, is known to be afflicted with, or displays other special medical problem identified by the health symptoms of any communicable disease that authority. The response shall be noted on the medical poses an unreasonable exposure risk.” screening from. 4780 San Joaquin Tracy PD PRO 23-24 Page 9 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 BEHAVIORAL CRISIS IDENTIFICATION TPM 900.3.1 - Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and Policy states, “Individuals who exhibit certain procedures to identify and evaluate all incarcerated behaviors or conditions should not be in ☒ ☐ ☐ people who may be in behavioral crisis. Evaluation of temporary custody at the Tracy Police behavioral crisis may include telehealth. Department, but should be transported to a jail facility, a medical facility, or another type of facility as appropriate.” If an evaluation from medical or mental health staff is not TPM 900.3.1 - Individuals Who Should Not Be readily available, an incarcerated person shall be in Temporary Custody considered in behavioral crisis for the purpose of this ☒ ☐ ☐ section if they appear to be a danger to themselves or others or appear gravely disabled. An evaluation from medical or mental health staff shall be TPM 900.3.1 - Individuals Who Should Not Be secured within 24 hours of identification or at the next in Temporary Custody daily sick call, whichever is earliest. ☒ ☐ ☐ BSCC staff confirmed no persons are held longer than 6 hours. Separation may be used if necessary, to protect the TPM 900.3.1 - Individuals Who Should Not Be safety of the person in crisis or others. in Temporary Custody ☒ ☐ ☐ Anyone showing signs of crisis is transferred to the San Joaquin County Jail or medical facility. 1053 ADMINISTRATIVE SEPARATION TPM 900.4 - Initiating Temporary Custody TPM 900.4.1 – Screening and Placement Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ develop and implement policies and procedures for the administrative separation of incarcerated people. Policies and procedures must include: TPM 900.4 - Initiating Temporary Custody (a) Administrative separation may consist of separate TPM 900.4.1 – Screening and Placement housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of Policy states, “Ensure separation, as protecting the welfare of incarcerated people and facility ☒ ☐ ☐ appropriate, based on other factors, such as staff. age, criminal sophistication, assaultive/non- assaultive behavior, mental state, disabilities Note: Subsections (b) through (e) do not apply and have and sexual orientation.” been deleted. 1055 USE OF SAFETY CELL No safety cells at the Tracy Police Department Temporary Holding Facility. The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people 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 incarcerated person in a safety cell ☐ ☐ ☒ to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment or as a substitute for treatment. ☐ ☐ ☒ 4780 San Joaquin Tracy PD PRO 23-24 Page 1 0 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) A person shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible health care staff; continued retention shall be ☐ ☐ ☒ reviewed a minimum of every four hours. (c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be medically cleared for continued retention, referral to ☐ ☐ ☒ advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. (d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on ☐ ☐ ☒ placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute lapse between safety checks. Such observation shall be ☐ ☐ ☒ documented. (f) Procedures shall be established to assure administration of necessary nutrition and fluids. ☐ ☐ ☒ (g) People placed in the safety cell shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☐ ☐ ☒ privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL TPM 900.8.1 - Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section Policy states, “Individuals who are to be held 1231.2.4, shall be used for temporary holding of in the temporary holding facility and who incarcerated people who are a threat to their own safety present a threat to their own safety or the ☒ ☐ ☐ or the safety of others due to their state of intoxication. safety of others due to their state of intoxication should be placed in a sobering cell until their condition allows for continued processing.” A person shall be removed from the sobering cell as soon TPM 900.8.1 - Use of Sobering Cell as they are able to continue the admission process or are no longer a risk to themselves or others. Policy states, “Individuals will be removed ☒ ☐ ☐ from the cell when they no longer pose a threat to their own safety and the safety of others, and are able to continue processing.” In no case shall a person remain in a sobering cell over TPM 900.8.1 - Use of Sobering Cell six hours without an evaluation by medical or custody staff to determine whether the person has an urgent Policy states, “Under no circumstances shall medical problem, pursuant to section 1213 of these an individual be held in a sobering cell for regulations. ☒ ☐ ☐ more than six hours without being evaluated by qualified medical personnel to ensure that the individual does not have an urgent medical issue.” 4780 San Joaquin Tracy PD PRO 23-24 Page 1 1 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At 12 hours from the time of placement, all persons must TPM 900.8.1 - Use of Sobering Cell receive an evaluation by responsible health care staff. Policy states, “Under no circumstances shall an individual be held in a sobering cell for more than six hours without being evaluated by qualified medical personnel to ensure that ☒ ☐ ☐ the individual does not have an urgent medical issue.” BSCC staff confirmed that no person is held longer than 6 hours. Intermittent direct visual observation of people held in the TPM 900.8.1 - Use of Sobering Cell sobering cell shall be conducted no less than every half hour. Such observation shall be documented. Policy states, “A safety check consisting of direct visual observation sufficient to assess the individual's well-being and behavior shall occur at least once every 30 minutes with no ☒ ☐ ☐ more than a 15-minute lapse between safety checks. Each safety check shall be documented in the cell log. Supervisors shall check the logs for completeness every two hours and document this action on the cell log.” 1057 DEVELOPMENTAL DISABILITIES TPM 900.3.1 - Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and Policy states, “Individuals who exhibit certain procedures for the identification and evaluation, behaviors or conditions should not be in ☒ ☐ ☐ appropriate classification and housing, protection, and temporary custody at the Tracy Police nondiscrimination of all incarcerated persons with Department, but should be transported to a developmental disabilities. jail facility, a medical facility, or another type of facility as appropriate.” The health authority or designee shall contact the TPM 900.3.1 - Individuals Who Should Not Be regional center for any incarcerated person suspected or in Temporary Custody confirmed to have a developmental disability for the ☒ ☐ ☐ purposes of diagnosis or treatment within 24 hours of This process will be completed at the San such determination, excluding holidays and weekends. Joaquin County Jail. 1058 USE OF RESTRAINT DEVICES TPM 302 – Handcuffing and Restraints TPM 302.3.1 – Restraint of Detainees The facility administrator, in cooperation with the TPM 900.6- Use of Restraint Devices responsible physician, shall develop and implement written policies and procedures for the use of restraint Policy states, “The use of restraints, other devices. Restraint devices include any devices which than handcuffs or leg irons, generally should immobilize extremities or prevent the incarcerated person not be used for individuals in temporary from being ambulatory. The provisions of this section do ☒ ☐ ☐ custody at the Tracy Police Department not apply to the use of handcuffs, shackles, or other unless the person presents a heightened risk, restraint devices when used to restrain incarcerated and only in compliance with the Handcuffing people for security reasons. The facility manager may and Restraints Policy” delegate authority to place an incarcerated person in restraints to responsible health care staff. Mechanical devices are the only type of restraint used in this facility. (a) The policy shall address the following areas: TPM 302 – Handcuffing and Restraints (1) acceptable restraint devices; TPM 302.3.1 – Restraint of Detainees ☒ ☐ ☐ TPM 900.6- Use of Restraint Devices 4780 San Joaquin Tracy PD PRO 23-24 Page 1 2 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) signs or symptoms which should result in TPM 302 – Handcuffing and Restraints immediate medical/mental health referral; availability TPM 302.3.1 – Restraint of Detainees of cardiopulmonary resuscitation equipment; TPM 900.6- Use of Restraint Devices ☒ ☐ ☐ BSCC staff confirmed that there was an AED device available within the jail facility. (3) protective housing of restrained persons; TPM 302 – Handcuffing and Restraints TPM 302.3.1 – Restraint of Detainees ☐ ☐ ☒ TPM 900.6- Use of Restraint Devices (4) provision for hydration and sanitation needs; and, TPM 302 – Handcuffing and Restraints TPM 302.3.1 – Restraint of Detainees ☐ ☐ ☒ TPM 900.6- Use of Restraint Devices (5) exercising of extremities. TPM 302 – Handcuffing and Restraints TPM 302.3.1 – Restraint of Detainees ☐ ☐ ☒ TPM 900.6- Use of Restraint Devices (b) Policy shall also include, but not be limited to, the TPM 302 – Handcuffing and Restraints following requirements: TPM 302.3.1 – Restraint of Detainees (1) In no case shall restraints be used for punishment ☐ ☐ ☒ TPM 900.6- Use of Restraint Devices or as a substitute for treatment. (2) Restraint devices shall only be used on TPM 302 – Handcuffing and Restraints incarcerated people who display behavior which TPM 302.3.1 – Restraint of Detainees results in the destruction of property or reveal an ☐ ☐ ☒ TPM 900.6- Use of Restraint Devices intent to cause physical harm to self or others. (3) Restraint devices should be used only when less TPM 302 – Handcuffing and Restraints restrictive alternatives, including verbal de-escalation TPM 302.3.1 – Restraint of Detainees techniques, have been attempted and are deemed ☐ ☐ ☒ TPM 900.6- Use of Restraint Devices ineffective. (4) An incarcerated person shall be placed in TPM 302 – Handcuffing and Restraints restraints only with the approval of the facility TPM 302.3.1 – Restraint of Detainees manager, the facility watch commander, or TPM 900.6- Use of Restraint Devices ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be TPM 302 – Handcuffing and Restraints maintained until a medical opinion can be obtained. TPM 302.3.1 – Restraint of Detainees ☐ ☐ ☒ TPM 900.6- Use of Restraint Devices (6) A medical opinion on placement and retention TPM 302 – Handcuffing and Restraints shall be secured within one hour from the time of TPM 302.3.1 – Restraint of Detainees ☐ ☐ ☒ placement. TPM 900.6- Use of Restraint Devices (7) A medical assessment shall be completed within TPM 302 – Handcuffing and Restraints four hours of placement. TPM 302.3.1 – Restraint of Detainees ☐ ☐ ☒ TPM 900.6- Use of Restraint Devices (8) Continuous direct visual observation shall be TPM 302 – Handcuffing and Restraints conducted at least twice every 30 minutes to ensure TPM 302.3.1 – Restraint of Detainees that the restraints are properly employed, and to TPM 900.6- Use of Restraint Devices ensure the safety and well-being of the incarcerated person. Such observation shall be documented. ☐ ☐ ☒ While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. 4780 San Joaquin Tracy PD PRO 23-24 Page 1 3 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (9) If the facility manager, or designee, in consultation TPM 302 – Handcuffing and Restraints with responsible health care staff determines that an TPM 302.3.1 – Restraint of Detainees incarcerated person cannot be safely removed from TPM 900.6- Use of Restraint Devices ☐ ☐ ☒ restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use TPM 302 – Handcuffing and Restraints the restraint device manufacturer’s recommended TPM 302.3.1 – Restraint of Detainees maximum time limits for placement. ☐ ☐ ☒ TPM 900.6- Use of Restraint Devices (11) All events and information related to the TPM 302 – Handcuffing and Restraints placement in restraints shall be documented and TPM 302.3.1 – Restraint of Detainees shall be video recorded unless exigent TPM 900.6- Use of Restraint Devices circumstances prevent staff from doing so. The documentation shall include: the reason for ☐ ☐ ☒ placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS TPM 302 – Handcuffing and Restraints TPM 900.6.1- Pregnant Adults The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: (1) An incarcerated person known to be pregnant or TPM 302 – Handcuffing and Restraints in recovery after delivery or termination of the TPM 900.6.1- Pregnant Adults pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. Policy states, “A person known to be pregnant ☒ ☐ ☐ or in the recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body.” (2) An incarcerated pregnant person in labor, during TPM 302 – Handcuffing and Restraints delivery, or in recovery after delivery or termination of TPM 900.6.1- Pregnant Adults the pregnancy, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the Policy states, “No person who is in labor, safety and security of the incarcerated person, the delivery, or recovery after delivery shall be staff, or the public. 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.” (3) Restraints shall be removed when a professional TPM 302 – Handcuffing and Restraints who is currently responsible for the medical care of TPM 900.6.1- Pregnant Adults an incarcerated pregnant person during a medical emergency, labor, delivery, or recovery after delivery ☒ ☐ ☐ or termination of the pregnancy determines that the removal of restraints is medically necessary. (4) Upon confirmation of an incarcerated person’s TPM 302 – Handcuffing and Restraints pregnancy, they shall be advised, orally or in writing, TPM 900.6.1- Pregnant Adults of the standards and policies governing incarcerated ☒ ☐ ☐ pregnant people. 4780 San Joaquin Tracy PD PRO 23-24 Page 1 4 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE TPM 900.5.5 - Telephone Calls The facility administrator shall develop written policies Policy states, “Immediately upon being and procedures which allow access to a telephone or booked and, except where physically communication device beyond those telephone calls impossible, no later than three hours after which are required by Section 851.5 of the Penal Code. arrest, an individual in custody has the right to Individuals who are known to have, or are perceived by make at least three completed calls to an others as having hearing or speech impairments shall be attorney, bail bondsman, and a relative or ☒ ☐ ☐ provided access to the appropriate telecommunication other person.” device which will facilitate communication. Such devices may include but are not limited to videophones, BSCC staff confirmed phones are available teletypewriters, or third-party communications for use and compliant with this regulation. assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESS TO COURTS AND COUNSEL TPM 900.5.5 - Telephone Calls TPM 900.5.9 - Attorneys and Bail Bondsmen The facility administrator shall develop written policies and procedures to ensure incarcerated persons have ☒ ☐ ☐ access to the court and to legal counsel. Such access shall consist of: (b) confidential consultation with attorneys. TPM 900.5.5 - Telephone Calls TPM 900.5.9 - Attorneys and Bail Bondsmen ☒ ☐ ☐ Confidential and secure interview rooms are available. 1080 RULES AND DISCIPLINARY ACTIONS TPM 900.5.10 – Discipline Wherever discipline is administered, each facility Policy states, “Discipline will not be administrator shall establish written rules and disciplinary administered to any individual in custody at actions to guide the conduct of incarcerated persons. this facility. Any individual in custody who repeatedly fails to follow directions or facility Notes: If discipline IS NOT administered, written policy ☒ ☐ ☐ rules should be transported to the appropriate should indicate as such. If discipline IS administered, jail, mental health facility or hospital as soon Sections 1080, 1081, 1082, 1083 and 1084 apply. as practicable. Such conduct should be documented and reported to the receiving facility.” Such rules and disciplinary actions shall be stated simply and affirmatively and posted conspicuously in housing units and the booking area or issued to each person upon ☐ ☐ ☒ booking. For those individuals with limited literacy, who are unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide them with material in an ☐ ☐ ☒ understandable form regarding jail rules and disciplinary procedures and actions. 4780 San Joaquin Tracy PD PRO 23-24 Page 1 5 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR DISCIPLINE OF INCARCERATED TPM 900.5.10 – Discipline PERSONS Policy states, “Discipline will not be Each facility administrator shall develop written policies administered to any individual in custody at and procedures for discipline of incarcerated persons. this facility. Any individual in custody who The plan shall include, but not be limited to, the following repeatedly fails to follow directions or facility elements: rules should be transported to the appropriate ☒ ☐ ☐ (a) Temporary Loss of Privileges: For minor acts of non- jail, mental health facility or hospital as soon conformance or minor violations of facility rules, staff may as practicable. Such conduct should be impose a temporary loss of privileges, such as access to documented and reported to the receiving television, telephones, commissary, or lockdown for less facility.” than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the staff member observing the act and submitted to ☐ ☐ ☒ the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and disciplinary authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are involved in the charges. ☐ ☐ ☒ Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes: 1. A copy of the report, or a separate written notice of ☐ ☐ ☒ the violation(s), shall be provided to the incarcerated person. 2. Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been informed of the charges in writing. The hearing may ☐ ☐ ☒ be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The incarcerated person shall have access to staff or ☐ ☐ ☒ assistance when they have limited literacy, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the action taken shall be reviewed by the facility ☐ ☐ ☒ manager or designee. 4780 San Joaquin Tracy PD PRO 23-24 Page 1 6 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The incarcerated person shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a supervisor on all disciplinary action. ☐ ☐ ☒ 1082 FORMS OF DISCIPLINE TPM 900.5.10 – Discipline The degree of actions taken by the disciplinary officer Policy states, “Discipline will not be shall be directly related to the severity of the rule administered to any individual in custody at infraction and promotion of desired behavior through a this facility. Any individual in custody who progressive disciplinary process. Acceptable forms of repeatedly fails to follow directions or facility discipline shall consist of, but not be limited to, the rules should be transported to the appropriate following: jail, mental health facility or hospital as soon (a) Loss of privileges. as practicable. Such conduct should be ☒ ☐ ☐ (b) Extra work detail. documented and reported to the receiving (c) Short term lockdown for less than 24 hours. facility.” (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS TPM 900.5.10 – Discipline The Penal Code and the State Constitution expressly Policy states, “Discipline will not be prohibit all cruel and unusual punishment. Disciplinary administered to any individual in custody at actions shall not include corporal punishment, group this facility. Any individual in custody who punishment when feasible, or physical or psychological repeatedly fails to follow directions or facility degradation. rules should be transported to the appropriate ☒ ☐ ☐ jail, mental health facility or hospital as soon Additionally, there shall be the following limitations: as practicable. Such conduct should be (a) Disciplinary separation shall be considered an option documented and reported to the receiving of last resort and as a response to the most serious and facility.” threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1) If a person is on disciplinary separation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall ☐ ☐ ☒ continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (2) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day except that those incarcerated persons who engage ☐ ☐ ☒ in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 4780 San Joaquin Tracy PD PRO 23-24 Page 1 7 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) If after placement in separation, mental health or medical staff determine that an individual has serious mental illness or an intellectual disability, they shall ☐ ☐ ☒ be removed from disciplinary separation immediately upon this determination. (b) The delegation of authority to any incarcerated person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as specified in Section 1265 of these ☐ ☐ ☒ regulations. (e) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case correspondence may be suspended for no longer than 72 ☐ ☐ ☒ hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be suspended as a disciplinary measure. ☐ ☐ ☒ 1084 DISCIPLINARY RECORDS TPM 900.5.10 – Discipline Penal Code Section 4019.5 requires that a record is kept Policy states, “Discipline will not be of all disciplinary actions administered therefore. This administered to any individual in custody at requirement may be satisfied by retaining copies of rule this facility. Any individual in custody who violation reports and report of the disposition of each. repeatedly fails to follow directions or facility ☒ ☐ ☐ rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility.” 1270 STANDARD BEDDING AND LINEN ISSUE No individual is housed in this facility for more than 6 hours. The standard issue of clean suitable bedding and linens, for each incarcerated person entering a living area who is expected to remain overnight, shall include, but not be ☐ ☐ ☒ limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; ☐ ☐ ☒ (d) one blanket or more depending up on climatic conditions. ☐ ☐ ☒ Policy and procedure shall require that items (a), (b), and (d) above be provided prior to the first night in the facility. ☐ ☐ ☒ Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. 4780 San Joaquin Tracy PD PRO 23-24 Page 1 8 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☐ ☐ ☒ and (d) above prior to their first night in the facility and every night thereafter. 1280 FACILITY SANITATION, SAFETY, AND HPM 900.11 (c) - Assigned Administrator – MAINTENANCE Sanitation and Maintenance 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. 4780 San Joaquin Tracy PD PRO 23-24 Page 1 9 of 23 A351 TH PRO eff. 07.01.24 DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in jail cells? No juveniles are held in this facility. Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in temporary custody in the jail. ☐ ☒ ☐ Facilities that do not hold minors in the jail cells are not subject to Title 15, Article 9 biennial inspections; however, if minors are held in the building, they may be subject to the requirements of Welfare and Institutions Code section 207.1. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION FACILITY The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and ☐ ☐ ☒ the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies and procedures concerning minors being held in ☐ ☐ ☒ temporary custody which shall address: (a) suicide risk and prevention; (b) use of restraints; ☐ ☐ ☒ (c) emergency medical assistance and services; and ☐ ☐ ☒ (d) prohibiting use of discipline. ☐ ☐ ☒ 1143 CARE OF MINORS IN TEMPORARY CUSTODY (a) The following shall be made available to all minors ☐ ☐ ☒ held in temporary custody: (1) access to toilets and washing facilities; (2) one snack during term of temporary custody if the minor has not eaten within the past four (4) hours or is otherwise in need of appropriate ☐ ☐ ☒ nourishment; (3) access to drinking water; ☐ ☐ ☒ (4) access to language services; ☐ ☐ ☒ (5) access to disabilities services; ☐ ☐ ☒ (6) sanitary napkins, panty liners, and tampons as requested; ☐ ☐ ☒ (7) privacy during consultation with family, guardian, and/or lawyer; ☐ ☐ ☒ (8) blankets and clothing, as necessary, to assure the comfort of the minor; and ☐ ☐ ☒ (9) personal clothing unless the clothing is inadequate, presents a health or safety problem, or ☐ ☐ ☒ is required to be utilized as evidence of an offense. 4780 San Joaquin Tracy PD PRO 23-24 Page 2 0 of 23 A351 TH PRO eff. 07.01.24 DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Upon entry, the minor shall be informed in writing of what is available under this section, and it shall be posted in at least one conspicuous place to which ☐ ☐ ☒ minors have access. 1144 CONTACT BETWEEN MINORS AND INCARCERATED ADULTS The facility administrator shall establish policies and ☐ ☐ ☒ procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of incarcerated people) shall ☐ ☐ ☒ maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY A minor who is taken into temporary custody by a peace officer on the basis that they are a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these standards are met. ☐ ☐ ☒ Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Note: Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a serious security risk of harm to self or others, the officer may take into account the following factors: ☐ ☐ ☒ (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was taken into custody; ☐ ☐ ☒ (c) minor's behavior, including the degree to which the minor appears to be cooperative or non-cooperative; ☐ ☐ ☒ (d) the availability of staff to provide adequate supervision or protection of the minor; and ☐ ☐ ☒ (e) the age, type, and number of other individuals who are detained in the facility. ☐ ☐ ☒ 1146 CONDITIONS OF SECURE CUSTODY While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cuffing rail, ☐ ☐ ☒ or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 4780 San Joaquin Tracy PD PRO 23-24 Page 2 1 of 23 A351 TH PRO eff. 07.01.24 DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1147 SUPERVISION OF MINORS IN SECURE CUSTODY INSIDE A LOCKED ENCLOSURE (a) Minors shall receive adequate supervision which, at ☐ ☐ ☒ a minimum, includes: (1) constant auditory access to staff by the minor; and (2) safety checks, as defined in Section 1006, of the minor by staff of the law enforcement facility, at least ☐ ☐ ☒ once every 30 minutes, which shall be documented. (b) Minors of different genders shall not be placed in the same locked room unless under constant direct visual ☐ ☐ ☒ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE CUSTODY OUTSIDE OF A LOCKED ENCLOSURE Minors held in secure custody outside of a locked ☐ ☐ ☒ enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety ☐ ☐ ☒ while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be ☐ ☐ ☒ approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes thereafter shall be based upon the best interests of the ☐ ☐ ☒ minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(b) of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, ☐ ☐ ☒ facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. While minors are held in temporary non- secure custody the provisions of Section 1143 apply. 1150 SUPERVISION OF MINORS IN NON- SECURE CUSTODY Minors held in non-secure custody shall receive constant direct visual observation by staff of the law ☐ ☐ ☒ enforcement facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 4780 San Joaquin Tracy PD PRO 23-24 Page 2 2 of 23 A351 TH PRO eff. 07.01.24 DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1151 MINORS UNDER THE INFLUENCE OF ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and procedures providing that a medical clearance shall be ☐ ☐ ☒ obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves, prior to secure or non-secure custody of that minor. Supervision of minors in secure custody in a locked room shall include safety checks at least once every 15 minutes until resolution of the intoxicated state or ☐ ☐ ☒ release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room shall be supervised in accordance with ☐ ☐ ☒ Section 1148. Supervision of minors in nonsecure custody shall be supervised in accordance with Section 1150. ☐ ☐ ☒ 4780 San Joaquin Tracy PD PRO 23-24 Page 2 3 of 23 A351 TH PRO eff. 07.01.24 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: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1988 FIELD REPRESENTATIVE: Matthew Schuler DATE: December 9, 2024 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) ☒ ☐ ☐ Contain 10 square feet of floor per inmate Limited to no more than 16 inmates ☒ ☐ ☐ No smaller than 40 square feet ☒ ☐ ☐ Contain sufficient seating to accommodate all inmates ☒ ☐ ☐ Toilet accessible ☒ ☐ ☐ Wash basin accessible ☒ ☐ ☐ Drinking fountain accessible ☒ ☐ ☐ Provide for adequate visual supervision of inmates ☒ ☐ ☐ Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 ☐ ☐ ☒ hours) Weapons Locker (3.12) External to the security area and equipped with ☒ ☐ ☐ individual compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) ☐ ☐ ☒ 01: name change to “Sobering Cell” Limited to no more than 8 inmates Contain 20 square feet of floor per inmate ☐ ☐ ☒ No smaller than 60 square feet ☐ ☐ ☒ Contain toilet, washbasin and drinking fountain ☐ ☐ ☒ Partitions or handrails located next to toilet fixture to ☐ ☐ ☒ provide support Padding on the floor ☐ ☐ ☒ Provide easy, unobstructed visual observation ☐ ☐ ☒ Safety Cells (WA) (2.5) ☐ ☐ ☒ Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet ☐ ☐ ☒ Limited to no more than one inmate ☐ ☐ ☒ Contain flush ring toilet (flush with floor) with controls ☐ ☐ ☒ located outside the cell Padded floor, door and walls ☐ ☐ ☒ Equipped with variable intensity, security light, with ☐ ☐ ☒ controls located outside the cell Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell ☐ ☐ ☒ door (Facility planned or constructed prior to 8-86) 4780 San Joaquin Tracy PD PHY 23-24 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which ☐ ☐ ☒ 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 ☐ ☐ ☒ least 30 inches above the floor Shower-Delousing Room (3.4) ☒ ☐ ☐ Available Secure Vault or Storage Space (2.1) ☒ ☐ ☐ Available for inmate valuables Telephone (2.1) ☒ ☐ ☐ Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) ☒ ☐ ☐ For facilities planned or constructed after 8-86 Janitor Closet (2.20) ☒ ☐ ☐ Available Storage Rooms (WA) (2.21) ☒ ☐ ☐ Available Emergency Power (2.24) Available to maintain fire and life safety, security, ☒ ☐ ☐ communications and alarm systems Attorney Interview Space (2.26) ☒ ☐ ☐ Available 4780 San Joaquin Tracy PD PHY 23-24 - 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: THJ RC: 0 FIELD REPRESENTATIVE: Matthew Schuler DATE: December 9, 2024 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 LASE 23-24 - 1 - A360 LAS Adult.dot (03/01)