San Luis Obispo Pismo Beach PD Inspection Rpt 20-22 TH (2020-2022 inspection cycle)

November 30, 2022 Jeff Smith, Chief of Police Pismo Beach Police Department 1000 Bello St Pismo Beach, CA 93449 2020-2022 BIENNIAL INSPECTION OF PISMO BEACH POLICE DEPARTMENT TEMPORARY HOLDING FACILITY, 6031 PC & 209 WIC Dear Chief Smith: On October 19, 2022, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of your agency’s Temporary Holding Facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuit to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards for the facility; the Physical Plant Evaluation outlining Title 24 requirements for design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Inspection Date Fire and Life Safety 01/22/2020 Medical and Mental Health 12/04/2020 Environmental Health 12/04/2020 Nutrition N/A Jeff Smith Chief of Police Page 2 Please consider our report in conjunction with the reports from the County Health Department and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your department under a separate cover. The fire inspection is current. However, the county health department did not conduct an inspection in 2021 due the COVID-19 outbreak. Please schedule an appointment at your earliest convenience. BSCC INSPECTION Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Corrective Action Plan No areas of noncompliance were noted, no corrective action required. Juvenile Justice and Delinquency Prevention Act Compliance The BSCC monitors local detention facilities for compliance with JJDPA. Secure and Nonsecure youth are not detained in the jail facility. Secure youth are detained outside the jail facility in a locked holding room. Nonsecure youth are held in the officer’s report writing room. BSCC staff reviewed youth detention logs. There were no violations identified. --- This concludes our inspection report for the 2020-2022 biennial inspection cycle of your agency’s Temporary Holding Facility. If you should have any questions, please contact me at (916) 956- 5968 or email at michael.bush@bscc.ca.gov. Sincerely, MICHAEL BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Pismo Beach* Presiding Judge, Superior Court, County of San Luis Obispo* Grand Jury Foreman, Superior Court, County of San Luis Obispo* Kyle White, Sergeant, Pismo Beach Police Department * Complete copies of this inspection are available at www.bscc.ca.gov 4815 San Luis Obispo Pismo Beach PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4815 FACILITY NAME: Pismo Beach Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sergeant Kyle White FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/19/2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.10 Training HOLDING FACILITY TRAINING Agency self-certifies that all staff have required Custodial personnel who supervise inmates in, and training. BSCC verified through agency’s supervisors of, a Court Holding or Temporary Holding training records. facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire, and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in 900.12 Training 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 once 900.12 Training every two years. Successful completion of the requirements ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. 1027 NUMBER OF PERSONNEL 900.3.2 Supervision in Temporary Custody 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. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900.3.2 Supervision in Temporary Custody least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in ☒ ☐ ☐ 900.3.2 Supervision in Temporary Custody the event of an emergency. Whenever one or more female inmates are in custody, there shall be at least one female employee who shall be 900.3.2 Supervision in Temporary Custody ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and 900.3.2 Supervision in Temporary Custody retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.2.1(a)8 Operational Responsibilities Safety checks shall be conducted at least hourly through ☒ ☐ ☐ BSCC staff reviewed and verified 6 mos of direct visual observation of all inmates. There shall be no observation logs. Each log was within the more than a 60-minute lapse between safety checks. regulation standard 60-mins time frame There is a written plan that includes the documentation of 900.5.1 Temporary Custody Logs ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.13 Fire Safety 900.13.1 Fire Procedures Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 900.13.1 Fire Procedures person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 This Agency uses the Lexipol Manual Customized for the Pismo Beach Police Department. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) Table of organization, including channels of 200.1 Organizational Structure ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4) Policy on the use of restraint equipment, including the 900.6 Use of Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 900.6.1 Pregnant Adults Section 3407. (5) Procedure and criteria for screening newly received 900.2.1 PBPD Form #25 inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 900.2.2 Classification/Screening 853.6, and any other such processes as the facility 900.4.8 Screening/Placement administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ 900.5.1 Temporary Custody Logs (A) physical counts of inmates, ☒ ☐ ☐ 900.5.1 Temporary Custody Logs (B) searches of the facility and inmates, ☒ ☐ ☐ 900.8 Holding Cell / 902 Searches (C) contraband control, and ☒ ☐ ☐ 902.4 Custodial Searches (D) key control. 900.11 Assigned Administrator /900.13 Fire ☒ ☐ ☐ Safety Each facility administrator shall, at least annually, review, 900.11 Assigned Administrator evaluate, and make a record of security measures. The review 904.4 Reporting Sexual Abuse/Harassment and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 900.13 Fire Safety (A) fire suppression preplan as required by section ☒ ☐ ☐ 900.13.1 Fire Procedures 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; 900.10.1 Escape ☒ ☐ ☐ 900.14 Disturbance 900.14.1 Hostage (C) mass arrests; ☒ ☐ ☐ 419.4 (d) Mass Arrest (D) natural disasters; ☒ ☐ ☐ 900.13.2(e) Reginal Disasters (E) periodic testing of emergency equipment; and ☒ ☐ ☐ 900.11 Assigned Administrator (F) storage, issue, and use of weapons, ammunition, 900.5.7 Firearm Storage/Security Measures ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 900.3.1(d) Supervision/Suicide Risk (9) Segregation of Inmates. ☒ ☐ ☐ 900.2.2 Classification/Screening (10) Zero tolerance in the prevention of sexual abuse and 904.2 Zero Tolerance ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 904.6 Retaliation Prohibited to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 904.4 Reporting Sexual Abuse and Harassment 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, 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved inmates, family, 904.4 Reporting Sexual Abuse and Harassment 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 900.3.1 Individuals Who Should not be in Temporary Custody The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ Will not be detained. in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct 900.12 Training ☐ ☐ ☒ contact with inmates. (b) Intake screening for suicide risk immediately upon 900.2.2 Classification ☐ ☐ ☒ intake and prior to housing assignment. 900.3.1(d) Suicide Risk (c) Provisions facilitating communication among 900.10(g) Release/Transfer arresting/transporting officers, facility staff, medical and ☐ ☐ ☒ 900.10(g)1Communicate to other Facility mental health personnel in relation to suicide risk. Personnel (d) Housing recommendations for inmates at risk of suicide. 900.3.1 Individuals Who Should not be in ☐ ☐ ☒ Temporary Custody 900.4.8(a) Screening (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ 900.4.8(b)1(a) Continuous Supervision (f) Suicide attempt and suicide intervention policies and 900.9 Suicide Attempts ☐ ☐ ☒ procedures. (g) Provisions for reporting suicides and suicides attempts. 900.5.8 Reporting Physical Harm ☐ ☐ ☒ 900.9 Suicide Attempt/Death/Injury (h) Multi-disciplinary administrative review of suicides and 900.9(h) Suicide Attempt/Death/Injury attempted suicides as defined by the facility ☐ ☐ ☒ administrator. 1032 FIRE SUPPRESSION PREPLANNING 900.13 Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire 900.11(g) Fire Safety Pre-Plan department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 900.11 Assigned Administrator monthly basis with two-year retention of the inspection ☒ ☐ ☐ 900.13 Fire Safety record; (c) fire prevention inspections as required by Health and Inspection Completed on 1/22/20 Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and ☒ ☐ ☐ 900.13.1 Fire Procedures (e) a plan for the emergency housing of inmates in the case of 900.13.1 Fire Procedures ☒ ☐ ☐ fire. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1044 INCIDENT REPORTS 900.5.8 Reporting Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons 900.5.1 Temporary Custody Logs 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 900.5.8 Reporting to investigate the incident and submitted to the facility ☒ ☐ ☐ Reports are due at the end of shift. manager or his/her designee. 1046 DEATH IN CUSTODY 900.9 Suicide Attempt Death or Serious Injury (a) Death in Custody Reviews for Adults and Minors. A review team comprised of the Chief of Police The facility administrator, in cooperation with the health or designee, the health administrator, the administrator, shall develop written policy and procedures responsible physician, and other health care and to ensure that there is an initial review of every in-custody ☒ ☐ ☐ supervision staffs who were relevant to the death within 30 days. The review team shall include the incident shall conduct a review of the incident. facility administrator and/or the facility manager, the health This review shall occur within 30 days of the administrator, the responsible physician and other health incident and shall review the appropriateness of care and supervision staff who are relevant to the incident. clinical care; whether changes to policies, procedures, or practices are warranted; and to identify issues that require further study. Deaths shall be reviewed to determine the appropriateness of 900.9(h) In Custody Death Reviews clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 324.12 Suicide Attempts/Death of a Juvenile In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: (1) The administrator of the facility shall provide to the 324.12(g) Attorney General Reporting 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 324.12 Suicide Attempts/Death of a Juvenile 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. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN Page 7 (6) Prisoner Classification / Segregation (a) Each administrator of a temporary holding, Type I, II, or All prisoners housed with others shall be III facility shall develop and implement a written classified for holding purposes. classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, BSCC staff reviewed 8 months of inmate’s age, criminal sophistication, seriousness of crime charged, classification and medical screening forms. All physical or mental health needs, assaultive/non-assaultive forms were complete and ensure the inmate's behavior, risk of being sexually abused, or sexually harassed health and safety. 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 900.2.2 Classification/Screening 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 (h) Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Inmates screened and not admitted to facility. procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be 900.3.1(h) Individuals Who Should not be in made of the person being booked as to whether or not he/she Temporary Custody has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.3.1 Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and No mentally disordered inmates held in this procedures to identify and evaluate all mentally disordered facility inmates, and may include telehealth. 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. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.4.8 Screening/Placement Except in Type IV facilities, each facility administrator shall Inmates screened and not admitted to facility. develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL No Safety Cell 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. 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. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 No Sobering Cell at this facility. This type of inmate transported directly to San Luis Obispo County Jail. 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. 1057 DEVELOPMENTALLY DISABLED 900.3.1 (j) Individuals Who Should Not Be in INMATES Temporary Custody The facility administrator, in cooperation with the ☒ ☐ ☐ Developmentally Disabled inmates not detained responsible physician, shall develop written policies and at this facility. procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 900.3.1 (1)6 Use of Restraints Restraints as described in this regulation are not The facility administrator, in cooperation with the used at this facility. responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 306.3.2 Restraint of Pregnant Persons 900.3.1(b) Individuals Who Should not be in The facility administrator, in cooperation with the Temporary Custody responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE 900.5.5 Telephone Calls 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 900.5.9 Attorneys/Bail Bondsman 900.5.2 Temporary Custody Requirements 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 900.3 Not Held More than 6 Hours ☒ ☐ ☐ regulations, and (b) confidential consultation with attorneys. ☒ ☐ ☐ 900.5.9(e) Attorneys/Bail Bondsman 1080 RULES AND DISCIPLINARY PENALTIES 900.5.10 Discipline Discipline is not administered at the Pismo Wherever discipline is administered, each facility ☐ ☐ ☒ Beach Police Department. 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 900.5.10 Discipline Discipline not administered at this facility. 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. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by the factfinders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE 900.5.10 Discipline Discipline not administered at this facility. 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 900.5.10 Discipline ACTIONS Discipline not administered at this facility. 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. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 900.5.10 Discipline Discipline not administered at this facility. Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered, ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1280 FACILITY SANITATION, SAFETY, AND 900.5.10 Discipline MAINTENANCE Discipline not administered at this facility. The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of ☒ ☐ ☐ cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? 324.4 Custody of Juveniles 324.4.2 Custody of Juvenile Status Offenders The Juvenile Justice and Delinquency Prevention Act 324.7 No Contact Requirement (JJDPA) establishes the following federal standards on the detention of minors: Youth are held in a locked room outside the jail facility. (1) Deinstitutionalization of Status Offenders ☐ ☒ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes ☐ ☒ the minimum standards of how facilities hold minors in temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 4815 San Luis Obispo Pismo Beach PD TH PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 6/94; 2/99 Title 24, California Code of Regulations (CCR) BSCC Code: 4815 FACILITY NAME: Pismo Beach PD City Jail FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 6/94: X 2/99: OTHER: FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/19/2022 ARTICLE/SECTION YES NO N/A COMMENTS Reception and Booking (2.1) X Contains a weapons locker, designed as outlined in these regulations. Contains a cell or room for confinement pending booking X Contains a detoxification cell (WA in TH; NA in CH) 2-99: Two detoxification cells are provided if both male X and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available X 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables X Locked cabinet provided. Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running water X Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear ceiling X height of 8 feet or more Contains sufficient seating to accommodate all inmates X Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or more Two-hour maximum. X Detoxification Cell (2.4) No sobering cells. X **Text of the regulation deleted** Safety Cell (2.5) No safety cells. X **Text of the regulation deleted** Safety Equipment Storage (2.19) Adequate space is provided to store equipment such as fire X extinguishers, SCBA, emergency lights, etc. 4815 San Luis Obispo Pismo Beach PD TH PHY 20-22 - 1 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Janitors' Closet (2.20) X Lockable, containing a mop sink and storage space Audio or Visual Monitoring (2.22) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is use, it is located primarily in corridors, X elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and maintaining X fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in holding and X staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio X of 1:16 in holding and staging cells. See regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) X 2-99: Provided at a ratio of at least 1:16 in holding and staging cells. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the water outlet X (bubbler). 2-99: Mouth guard requirement deleted 4815 San Luis Obispo Pismo Beach PD TH PHY 20-22 - 2 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Showers (3.4) (NA in CH) Available in the security area; provide hot and cold or X tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. Beds/Bunks (3.5) Facility limited to 2-hour maximum. (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches X between pans; constructed of pan bottom type or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision; night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) No exterior windows. Windows that are accessible to inmates are no greater than 5 X inches in on dimension. Cell Padding (3.8) No padded cells. The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and everything on them are padded. All padded cells are equipped with a tamper resistant fire sprinkler approved by the SFM. X 4815 San Luis Obispo Pismo Beach PD TH PHY 20-22 - 3 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; firmly bonded to all surfaces; and, without exposed seams. X Mirrors/Shelves/Clothes Hooks (3.9) Holding cells only. X A mirror of a material appropriate to the level of security is provided near each washbasin. Consistent with security needs, shelves and clothes hooks are provided wherever feasible. X 2-99: Requirement for shelves and hooks deleted Clothes hooks are of a collapsible hook type 2-99: Requirement for hooks deleted X Seating (3.10) Available seating limits rated capacity of cells. Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per X inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) (NA type IV and Minimum Security Facilities) X A secure weapons locker is located outside the security perimeter of the facility and no weapons are brought into the security area. Lockers have individual compartments, locks and keys. 4815 San Luis Obispo Pismo Beach PD TH PHY 20-22 - 4 - A382 PHY CH-TH 94 99.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 4815 FACILITY: Pismo Beach Police Department City Jail TYPE: TH RC: 0 FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/19/2022 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Shower for facility located in vehicle sally port Red H 1994 1 0 (2) (2) 6.1’ x 9’ x 9.7’ X X X Notes: Combo fixture, 4’ bench Blue H 1994 1 0 (2) (2) 6.1’ x 9’ x 9.7’ X X X Notes: Combo fixture, 4’ bench *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 4815 San Luis Obispo Pismo Beach PD TH 20-22 - 1 - A360 LAS Adult.dot (9/98)