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Santa Clara County Sheriff's Office (2023-2024 inspection cycle)

Board of State and Community Corrections · inspection-5120p-2023-2024 · Facility inspection · 2024-01-25 · Santa Clara County Sheriff's Office

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January 25, 2024 Robert Jonsen, Sheriff Santa Clara County Sheriff’s Office 55 West Younger Avenue San Jose, CA 95110 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, SANTA CLARA COUNTY DETENTION FACILITIES AND COURT HOLDING FACILITIES Dear Sheriff Jonsen: The 2023-2024 Comprehensive Inspection of the Santa Clara County Sheriff's Office has been completed. A pre-inspection briefing was held on Thursday, October 5, 2023, and the following facilities were inspected on Wednesday, December 13, 2023, through Friday, December 15, 2023: FACILITY NAME BSCC # FACILITY TYPE Main Jail 5120 II Elmwood Complex – Men’s Facility 5140 II Elmwood Complex – Women’s Facility 5180 II Hall of Justice Courts 5206 CHJ Santa Clara Family Justice Center 5200 C H J These inspections were 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, Board of State and Community Corrections (BSCC) staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). 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 Minimum Standards. Refer to the attached Title 15 Procedures Checklist for detailed information. No items of noncompliance were identified with Title 24 Minimum Standards. Refer to the Physical Plant Evaluation (PHY) and Living Area Space Evaluation (LASE) attachments for information related to Rated Capacity. Robert Jonsen Sheriff Page 2 Juvenile Justice and Delinquency Prevention Act Compliance Monitoring We found no violations of the JJDPA; a copy of the monitoring report is attached for your information. An Exit Briefing with your staff was held on Friday, December 15, 2023; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. * * * Please email me at matthew.schuler@bscc.ca.gov if you have any questions. Sincerely, MATTHEW SCHULER Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Santa Clara County Superior Court* Chair, Grand Jury, Santa Clara County* Chair, Board of Supervisors, Santa Clara County* County Administrator, Santa Clara County* David Sepulveda, Assistant Sheriff, Santa Clara County Sheriff’s Office Ricardo Urena, Assistant Sheriff, Santa Clara County Sheriff’s Office *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 5120+ Santa Clara County Sheriff’s Office CHJ II LTR 23-24 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5120 FACILITY NAME: SANTA CLARA MAIN JAIL FACILITY TYPE: II PERSON(S) INTERVIEWED: CAPTAIN MICHELLE ASBAN AND LIEUTENANT HERBIE DE LA CRUZ FIELD REPRESENTATIVE: MATTHEW SCHULER DATE: DECEMBER 13, 2023 TITLE 15 SECTION P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 The BSCC Standards and Training for Corrections (STC) division found the agency in compliance with applicable (a) In addition to the provisions of California Penal Code Section regulations during the 2023-24 compliance monitoring 831.5, all custodial personnel of a Type I, II, III, or IV facility shall cycle. successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING Prior to assuming supervisory duties, jail supervisors shall complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1025 CONTINUING PROFESSIONAL TRAINING With the exception of any year that a core training module is successfully completed, all facility/system administrators, managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 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. 2 For STC participating agencies, consistency with training sections 1020, 1021, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 5120 Santa Clara County Main Hail II PRO 23-24 Page 1 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL SCCDM 1.25 – Staffing SCCDM 9.39 – Inmate Supervision 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. Whenever there is a person in custody, there shall be at SCCDM 1.25 – Staffing least one employee on duty at all times in a local SCCDM 9.39 – Inmate Supervision detention facility or in the building which houses a local ☒ ☐ ☐ detention facility who shall be immediately available and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties which SCCDM 1.25 – Staffing would conflict with the supervision and care of ☒ ☐ ☐ SCCDM 9.39 – Inmate Supervision incarcerated people in the event of an emergency. Whenever one or more females are in custody, there SCCDM 1.25 – Staffing shall be at least one female employee who shall be SCCDM 9.39 – Inmate Supervision immediately available and accessible to such females. ☒ ☐ ☐ Policy states “At least one female employee Note: Reference PC § 4021. available and accessible whenever there is a female in custody” In order to determine if there is a sufficient number of SCCDM 1.25 – Staffing personnel for a specific facility, the facility administrator SCCDM 9.39 – Inmate Supervision shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a ☒ ☐ ☐ staffing plan shall be reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS SCCDM 9.39 – Inmate Supervision The facility administrator shall develop and implement policy and procedures for conducting safety checks that include, but are not limited to, the following: ☒ ☐ ☐ (a) Safety checks will determine the safety and well- being of individuals and shall be conducted at least hourly through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse SCCDM 9.39 – Inmate Supervision between safety checks. The policy states “Staff will observe inmates ☒ ☐ ☐ at least once every 60 minutes or more frequently when warranted in special instances or selected housing units.” (c) Safety checks for people in sobering cells, safety SCCDM 9.39 – Inmate Supervision cells, and restraints shall occur more frequently as ☒ ☐ ☐ outlined in section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied SCCDM 9.39 – Inmate Supervision intervals. ☒ ☐ ☐ 5120 Santa Clara County Main Hail II PRO 23-24 Page 2 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) There shall be a written plan that includes the SCCDM 9.39 – Inmate Supervision documentation of all safety checks. Documentation shall include: BSCC staff reviewed a random sampling of (1) the actual time at which each individual safety ☒ ☐ ☐ safety check documents for the Main Jail from check occurred; January 2023 through October 2023. The documentation appeared to be compliant with this regulation. (2) the location where each individual safety check SCCDM 9.39 – Inmate Supervision occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff SCCDM 9.39 – Inmate Supervision ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are SCCDM 9.39 – Inmate Supervision reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF SCCDM 1031 – Fire Prevention/Inspections Whenever there is a person in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the Board for general fire and life safety. [Penal Code section 6030(c)]. The facility manager shall ensure that there is at least one SCCDM 1031 – Fire Prevention/Inspections person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL3 Santa Clara County Department of Corrections Policy and Procedures Manual Facility administrator(s) shall develop and publish a (SCCDM) 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 Policy states “All Department policies shall be two years. Such a manual shall be made available to all ☒ ☐ ☐ reviewed not less than once a year. The employees. Professional Compliance and Audit Unit will establish an annual schedule identifying Notes: The policies and procedures required in policies to be reviewed during a specific subsections (a)(6) and (a)(7) may be placed in a separate month.” manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. The policy was reviewed and updated in 2022. Compliant with this regulation. (a) The manual for Temporary Holding, Type I, II, and III SCCDM 1.07- Organizational Chart facilities shall provide for, but not be limited to, the SCCDM 1.09 – Chain of Command following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility SCCDM 1.29 – Watch Commander administrator/manager. ☒ ☐ ☐ Duties/Notifications to Executive Management 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5120 Santa Clara County Main Hail II PRO 23-24 Page 3 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Policy on the use of force that meets current state SCCDM 9.01 – Use of Force and Restraints and federal legal requirements and includes prohibition of the use of carotid restraint and choke ☒ ☐ ☐ Policy states in part that prohibited holds. techniques include carotid restraint and choke holds. (4) Policy on the use of restraint equipment, including SCCDM 9.01 – Use of Force and Restraints the restraint of pregnant persons as referenced in ☒ ☐ ☐ SCCDM 9.01H – Use of Restraints for Penal Code Section 3407. Pregnant Inmates (5) Procedure and criteria for screening newly SCCDM 11.15 – Misdemeanor Citation received persons for release. ☒ ☐ ☐ Releases SCCDM 11.31 – Inmate Release (6) Security and control including physical counts and SCCDM 9.33 – Inmate Counts searches of the facility and incarcerated persons, SCCDM 9.39 – Inmate Supervision contraband control, and key control. Each facility administrator shall, at least annually, Security Checks are conducted by staff at the review, evaluate, and make a record of security ☒ ☐ ☐ beginning of each shift and at 2300 hours measures. The review and evaluation shall include each day. internal and external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: SCCDM 10.01 – Management of Emergency (A) fire suppression preplan as required by ☒ ☐ ☐ Plans section 1032 of these regulations; SCCDM 1031 – Fire Prevention/Inspections (B) escape, disturbances, and the taking of SCCDM 10.11 - Escapes ☒ ☐ ☐ hostages; (C) mass arrests; ☒ ☐ ☐ SCCDM 10.15 – Mass Arrests (D) natural disasters; SCCDM 10.05 – Natural Disasters – Earthquakes ☒ ☐ ☐ SCCDM 10.09 – Emergency Evacuation SCCDM 10.49 – Catastrophic Disaster Incident Plan (E) periodic testing of emergency equipment; SCCDM 9.19 – Armory Operations and ☒ ☐ ☐ and, Security Equipment (F) storage, issue, and use of weapons, SCCDM 9.19 – Armory Operations and ammunition, chemical agents, and related ☒ ☐ ☐ Security Equipment security devices. SCCDM 9.25 – Use of Less Lethal Munitions (8) Suicide Prevention. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (9) Separation of incarcerated persons. SCCDM 13.01 – Classification Policy, Goals, ☒ ☐ ☐ and Objectives SCCDM 13.03 – Administrative Segregation (10) Zero tolerance in the prevention of sexual abuse SCCDM 14.15 – Prison Rape Elimination Act ☒ ☐ ☐ and sexual harassment. (PREA) (11) Policy and procedure to detect, prevent, and SCCDM 14.15 – Prison Rape Elimination Act respond to retaliation against any staff or person after ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for SCCDM 11.31 – Inmate Release ☒ ☐ ☐ incarcerated persons. SCCDM 14.15 – Prison Rape Elimination Act 5120 Santa Clara County Main Hail II PRO 23-24 Page 4 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, SCCDM 14.15 – Prison Rape Elimination Act Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: Inmate Orientation Handbook states “All (1) multiple internal ways for incarcerated people to reports of sexual misconduct and the privately report sexual abuse and sexual investigations are deemed confidential. You ☒ ☐ ☐ harassment, retaliation by other incarcerated may also report, in writing, by using the persons or staff for reporting sexual abuse and Grievance process or Medical Request form sexual harassment, and staff neglect or violation of (white card), or a note to the unit officer.” responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, SCCDM 14.15 – Prison Rape Elimination Act family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ BSCC staff noticed PREA postings within the harassment. The method for reporting shall be facility’s lobby, housing units, and publicly posted at the facility. dormitories. 1030 SUICIDE PREVENTION PROGRAM SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility administrator or designee, in conjunction with the health The policy states “All potentially suicidal authority and mental health director, to identify, monitor, inmates will be referred to Mental Health and provide treatment to those incarcerated persons who Services. Any inmates exhibiting suicidal, present a suicide risk. ☒ ☐ ☐ self-destructive, psychotic, or homicidal The program shall include the following: behavior will be moved to a readily observable area and placed on a suicide watch. Correctional staff shall immediately complete a Med/Psych Referral form and document welfare checks at least every fifteen (15) minutes on an Inmate Observation Record.” (a) Annual suicide prevention training for all custodial SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ personnel. SCCDM 12.05 – Suicide Prevention (b) Intake screening for suicide risk immediately upon SCCDM 12.03 – Mental Health Services intake and prior to housing assignment. SCCDM 12.05 – Suicide Prevention The policy states “During the Intake process, the inmates shall be medically screened and ☒ ☐ ☐ shall be referred to Mental Health if there is an indication of any suicidal, self-destructive, psychotic, homicidal behavior, or a history of suicide attempts. All inmates are screened when they are booked in at the Main Jail.” (c) Suicide prevention screening during special SCCDM 12.03 – Mental Health Services situations, including placement in restrictive housing, SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among SCCDM 12.03 – Mental Health Services arresting/transporting officers, facility staff, court staff, SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ medical and mental health personnel in relation to suicide risk. (e) Housing recommendations for people at risk of SCCDM 12.03 – Mental Health Services suicide that balance safety and environment. The least ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention restrictive environment should be considered. (f) Supervision depending on level of suicide risk. SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (g) Suicide attempt and suicide intervention policies and SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ procedures. SCCDM 12.05 – Suicide Prevention 5120 Santa Clara County Main Hail II PRO 23-24 Page 5 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (h) Provisions for reporting suicides and suicides SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ attempts. SCCDM 12.05 – Suicide Prevention (i) Multi-disciplinary administrative review of suicides and SCCDM 12.03 – Mental Health Services attempted suicides as defined by the facility SCCDM 12.05 – Suicide Prevention administrator, including the development of a corrective ☒ ☐ ☐ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (k) Plan for mental health consultation following return SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ from court as determined by the mental health director. SCCDM 12.05 – Suicide Prevention 1032 FIRE SUPPRESSION PREPLANNING SCCDM 10.03 – Fire Response Plan SCCDM 10.31 – Fire Prevention/Inspections 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 SCCDM 10.03 – Fire Response Plan fire department to be included as part of the policy and SCCDM 10.31 – Fire Prevention/Inspections ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff SCCDM 10.03 – Fire Response Plan with two-year retention of the inspection record; SCCDM 10.31 – Fire Prevention/Inspections BSCC staff reviewed the monthly fire and life safety inspection documentation. The ☒ ☐ ☐ facilities maintain facility-specific fire suppression pre-plans and emergency operations manuals that were developed in cooperation with the local fire authority. (c) fire prevention inspections as required by Health and SCCDM 10.03 – Fire Response Plan Safety Code Section 13146.1(a) and (b) which requires SCCDM 10.31 – Fire Prevention/Inspections inspections at least once every two years; ☒ ☐ ☐ The date of the last fire inspection: 7/18/2023. (d) an evacuation plan; and, SCCDM 10.03 – Fire Response Plan ☒ ☐ ☐ SCCDM 10.31 – Fire Prevention/Inspections (e) a plan for the emergency housing of incarcerated SCCDM 10.03 – Fire Response Plan ☒ ☐ ☐ people in the case of fire. SCCDM 10.31 – Fire Prevention/Inspections 1040 POPULATION ACCOUNTING SCCDM 1.51 – Data Classification and Control Each facility administrator shall maintain a demographics SCCDM 5.01 – Network System/CLARAnet ☒ ☐ ☐ accounting system which reflects the monthly average SCCDM 7.03 – Case Record Management daily population of sentenced and non-sentenced people by gender and juvenile status. Facility administrators shall provide the Board with SCCDM 1.51 – Data Classification and applicable demographic information as described in the Control Jail Profile Survey. SCCDM 1.61 – Records Retention, ☒ ☐ ☐ Maintenance, and Destruction SCCDM 5.01 – Network System/CLARAnet SCCDM 7.03 – Case Record Management 5120 Santa Clara County Main Hail II PRO 23-24 Page 6 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1041 RECORDS SCCDM 1.51 – Data Classification and Control (a) Each facility administrator of a Type I, II, III or IV SCCDM 1.61 – Records Retention, facility shall develop written policies and procedures for Maintenance, and Destruction the maintenance of individual records for each SCCDM 5.01 – Network System/CLARAnet incarcerated person which shall include, but not be ☒ ☐ ☐ SCCDM 7.03 – Case Record Management limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, SCCDM 1.51 – Data Classification and uniform data for every allegation of sexual abuse at Control facilities under its direct control and from other facilities SCCDM 1.61 – Records Retention, with which it contracts for the confinement of its Maintenance, and Destruction incarcerated people. The data collected shall include, at ☒ ☐ ☐ SCCDM 5.01 – Network System/CLARAnet a minimum, the data necessary to satisfy the reporting SCCDM 7.03 – Case Record Management requirements of 34 U.S.C. section 30303(a)(1). SCCDM 14.15 – Prison Rape Elimination Act Note: federal survey on sexual violence. 1044 INCIDENT REPORTS SCCDM 9.27 – Reporting of Incidents SCCDM 14.15 – Prison Rape Elimination Act 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 incarcerated person of a detention facility or other person. Such records shall include the names of the persons SCCDM 9.27 – Reporting of Incidents involved, a description of the incident, the actions taken, SCCDM 14.15 – Prison Rape Elimination Act and the date and time of the occurrence. BSCC staff reviewed a random sampling of ☒ ☐ ☐ Incident reports from the Main Jail from January 2023 through October 2023. The documentation appeared to be compliant with this regulation. Such a written record shall be prepared by the staff SCCDM 9.27 – Reporting of Incidents assigned to investigate the incident and submitted to the ☒ ☐ ☐ SCCDM 14.15 – Prison Rape Elimination Act facility manager or designee. 1045 PUBLIC INFORMATION PLAN SCCDM 1.41 – News Media Relations/Public Information Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the ☒ ☐ ☐ dissemination of information to the public, to other government agencies, and to the news media. The public and incarcerated persons shall have available for review the following material: (a) The Board of State and Community Corrections A copy of the regulations is located in the Minimum Standards for Local Detention Facilities as ☒ ☐ ☐ lobby of each of the facilities found in Title 15 of the California Code of Regulations. (b) Facility rules and procedures affecting incarcerated SCCDM 1.41 – News Media Relations/Public people as specified in sections: ☒ ☐ ☐ Information (1) 1045, Public Information Plan (2) 1061, Education Plan SCCDM 18.03 – Education Programs and ☒ ☐ ☐ Services (3) 1062, Visiting SCCDM 17.01 – Inmate Social Visiting ☒ ☐ ☐ SCCDM 17.03 – Inmate Hospital Visits 5120 Santa Clara County Main Hail II PRO 23-24 Page 7 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) 1063, Correspondence ☒ ☐ ☐ SCCDM 17.13 – Inmate Correspondence (5) 1064, Library Service ☒ ☐ ☐ SCCDM 18.05 – Library Services (6) 1065, Exercise and Out of Cell Time ☒ ☐ ☐ SCCDM 18.07 – Exercise and Recreation (7) 1066, Books, Newspapers, Periodicals and SCCDM 17.13 – Inmate Correspondence ☒ ☐ ☐ Writings (8) 1067, Access to Telephone SCCDM 17.07 – Inmate Access to ☒ ☐ ☐ Telephones and Telecommunication Devices (9) 1068, Access to Courts and Counsel SCCDM 14.01 – Legal Rights of Inmates ☒ ☐ ☐ SCCDM 17.11- Inmate Attorney and Official Visits (10) 1069, Orientation ☒ ☐ ☐ Inmate Orientation Handbook (11) 1070, Individual/Family Service Programs SCCDM 18.03 – Education Programs and ☒ ☐ ☐ Services SCCDM 18.11 – Social Services (12) 1071, Voting ☒ ☐ ☐ SCCDM 14.11 - Voting (13) 1072, Religious Observance SCCDM 18.09 – Religious Programs and ☒ ☐ ☐ Services (14) 1073, Grievance Procedure ☒ ☐ ☐ SCCDM 14.05 – Inmate Grievances Process (15) 1080, Rules and Disciplinary Actions SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (16) 1081, Plan for Discipline of Incarcerated SCCDM 13.15 – Disciplinary Housing Persons ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (17) 1082, Forms of Discipline SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (18) 1083, Limitations on Discipline SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (19) 1200, Responsibility for Health Care Services SCCDM 12.01 – Medical Health Care ☒ ☐ ☐ Services 1046 DEATH IN CUSTODY SCCDM 12.09 – Inmate Deaths (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ensure that there is an initial review of ☒ ☐ ☐ every in-custody death within 30 days. The review team at a minimum shall include the facility administrator or designee, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the SCCDM 12.09 – Inmate Deaths appropriateness of clinical care; whether changes to ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. 5120 Santa Clara County Main Hail II PRO 23-24 Page 8 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Death of a Minor SCCDM 12.09 – Inmate Deaths In any case in which a minor dies while detained in a jail, SCCDM 13.13 – Juvenile Inmates lockup, or court holding facility: (1) The administrator of the facility shall provide to ☐ ☐ ☒ the Board a copy of the report submitted to the Juveniles are not held in this facility. 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 SCCDM 12.09 – Inmate Deaths the administrator, the Board may within 30 calendar SCCDM 13.13 – Juvenile Inmates 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 Juveniles are not held in this facility. limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN SCCDM 13.01 – Classification Policy, Goals, and Objectives (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 “A system designed to properly incarcerated persons to housing units and activities assign inmates to housing units and activities according to the categories of gender identity, age, according to the categories of sex/gender, criminal sophistication, seriousness of crime charged, age, criminal sophistication, seriousness of physical or mental health needs, assaultive/non- crime charged, physical or mental health assaultive behavior, risk of being sexually abused, or needs, assaultive/non-assaultive behavior sexually harassed and other criteria which will provide for ☒ ☐ ☐ and other criteria which will provide for the the safety of the incarcerated people and staff. Such safety of the inmates and staff.” housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall establish SCCDM 13.01 – Classification Policy, Goals, and implement a classification system which will include and Objectives the use of classification officers or a classification committee in order to properly assign incarcerated The policy states “The Classification Plan persons to housing, work, rehabilitation programs, and provides a systematic method for assessing leisure activities. Such a plan shall include the use of as and classifying inmates based upon objective much information as is available about and from the criteria. The Classification Plan provides for a incarcerated person and shall provide for a channel of ☒ ☐ ☐ system to determine the level of security appeal by the incarcerated person to the facility required, housing assignment, and the administrator or designee. Each person may request a participation in correctional programs.” review of their classification plan no more often than 30 days from their last review. Note: Subsection (b) does not apply and has been deleted. 5120 Santa Clara County Main Hail II PRO 23-24 Page 9 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding housing and programming assignments, SCCDM 13.01 – Classification Policy, Goals, the agency shall consider on a case-by-case basis and Objectives whether a placement would ensure the health and safety of the incarcerated person, and whether the placement The policy states “Classification shall be would present management or security problems. A administered equitably and consistently, ☒ ☐ ☐ person’s own views with respect to their own safety shall without discrimination against any individual be given serious consideration. based on sex/gender, race, color, creed, culture, religion, background, physical impairments, sexual orientation, or national origin.” 1051 COMMUNICABLE DISEASES SCCDM 11.01 – Arrestee Admission for Booking The facility administrator, in cooperation with the SCCDM 11.05 – Use of Sobering Cells. responsible physician, shall develop written policies and ☒ ☐ ☐ Holding Cells, and Intake Lobby Chairs procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be SCCDM 11.01 – Arrestee Admission for made of the person being booked as to whether the Booking person has or has had any communicable diseases, such SCCDM 11.05 – Use of Sobering Cells. as tuberculosis or has observable symptoms of Holding Cells, and Intake Lobby Chairs tuberculosis or any other communicable diseases, or ☒ ☐ ☐ other special medical problem identified by the health The policy states “Persons who have or are authority. The response shall be noted on the medical suspected of having a communicable disease screening from. will be segregated from other persons and placed in a Holding Cell alone pending direction from medical staff.” 1052 BEHAVIORAL CRISIS IDENTIFICATION SCCDM 11.01 – Arrestee Admission for Booking The facility administrator, in cooperation with the SCCDM 12.03 – Mental Health Services responsible physician, shall develop written policies and SCCDM 12.05 – Suicide Prevention procedures to identify and evaluate all incarcerated people who may be in behavioral crisis. Evaluation of The Main Jail has an Acute Psychiatric Care behavioral crisis may include telehealth. Unit. ☒ ☐ ☐ Incarcerated individual mental health referrals will be made in accordance with the Department’s medical screening policy. In addition, Booking/Intake staff will be responsible for initiating a mental health referral for any arrestee who displays behavior consistent with psychological problems or is known to have a history of psychological problems. If an evaluation from medical or mental health staff is not SCCDM 11.01 – Arrestee Admission for readily available, an incarcerated person shall be Booking considered in behavioral crisis for the purpose of this ☒ ☐ ☐ SCCDM 12.03 – Mental Health Services section if they appear to be a danger to themselves or SCCDM 12.05 – Suicide Prevention others or appear gravely disabled. An evaluation from medical or mental health staff shall be SCCDM 11.01 – Arrestee Admission for secured within 24 hours of identification or at the next Booking ☒ ☐ ☐ daily sick call, whichever is earliest. SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention Separation may be used if necessary, to protect the SCCDM 11.01 – Arrestee Admission for safety of the person in crisis or others. Booking ☒ ☐ ☐ SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention 5120 Santa Clara County Main Hail II PRO 23-24 Page 10 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEPARATION SCCDM 13.01 – Classification Policy, Goals, and Objectives Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ SCCDM 13.03 – Administrative Segregation develop and implement policies and procedures for the administrative separation of incarcerated people. Policies and procedures must include: SCCDM 13.01 – Classification Policy, Goals, (a) Administrative separation may consist of separate and Objectives housing but shall not involve any other deprivation of SCCDM 13.03 – Administrative Segregation privileges than is necessary to obtain the objective of protecting the welfare of incarcerated people and facility Policy states “Administrative Segregation is staff. not a punitive system. This type of ☒ ☐ ☐ segregation is not imposed as a punishment for specific acts. It should not incorporate any unnecessary restrictions or deprivations of privileges, except where required to maintain levels of safety and security within the facility.” (b) Administrative separation must not adversely affect SCCDM 13.01 – Classification Policy, Goals, an incarcerated person’s health. ☒ ☐ ☐ and Objectives SCCDM 13.03 – Administrative Segregation (c) Administrative separation may be used for SCCDM 13.01 – Classification Policy, Goals, incarcerated people who have: and Objectives (1)A documented history of activity or behavior, or SCCDM 13.03 – Administrative Segregation promoting such activity or behavior, that is criminal in nature, disruptive to facility operations, or affects the safety of the facility, other incarcerated people, and BSCC staff reviewed Administrative facility staff. Separation placements for the Main Jail from (2)Influenced or participated in activity that is January 2023 through October 2023. The criminal in nature, disruptive to facility operations or documentation appeared to be thorough and ☒ ☐ ☐ affects the safety of the facility, other incarcerated complete. The documentation appeared to be people, and facility staff. compliant with this regulation. (3)Committed assault, attempted assault, or participated in a conspiracy to assault or harm other incarcerated persons or facility staff. (4)A history of escape or have recently attempted escape. (5) A demonstrated need for protection from other incarcerated people. (d) Documentation indicating the necessity of SCCDM 13.01 – Classification Policy, Goals, administrative separation to obtain the objective of and Objectives ☒ ☐ ☐ protecting the welfare of incarcerated people and facility SCCDM 13.03 – Administrative Segregation staff. (e) A documented individualized ongoing review and SCCDM 13.01 – Classification Policy, Goals, evaluation of the need to continue placement in ☒ ☐ ☐ and Objectives administrative separation. SCCDM 13.03 – Administrative Segregation 1055 USE OF SAFETY CELL SCCDM 9.47 – Use of Safety Cell 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 SCCDM 9.47 – Use of Safety Cell 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: 5120 Santa Clara County Main Hail II PRO 23-24 Page 11 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) In no case shall the safety cell be used for punishment SCCDM 9.47 – Use of Safety Cell or as a substitute for treatment. The policy states “The Safety Cell shall not be ☒ ☐ ☐ used to punish, discipline or retaliate, as a substitute for treatment; or any longer than necessary.” (b) A person shall be placed in a safety cell only with the SCCDM 9.47 – Use of Safety Cell approval of the facility manager or designee, or responsible health care staff; continued retention shall be Approval from a supervisor is required before reviewed a minimum of every four hours. an inmate is placed in the safety cell. The ☒ ☐ ☐ Watch Commander shall be notified as soon as practical after the safety cell is used and shall determine whether to continue the use of the safety cell (c) A medical assessment shall be completed as soon as SCCDM 9.47 – Use of Safety Cell 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 Policy states “Medical staff must assess the advanced treatment, or removal from the safety cell a inmate at the time of placement into a Safety minimum of every 24 hours thereafter. Cell and directly observe the inmate once every hour thereafter. In the event an inmate ☒ ☐ ☐ is confined in the Safety Cell for 24 hours (or anytime within that period staff feels it is required) he/she must be evaluated by a medical staff supervisor or doctor regardless of any other prior exam conducted. The inmate shall be medically cleared for continued retention every 24 hours thereafter.” (d) The facility manager, designee or responsible health SCCDM 9.47 – Use of Safety Cell 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 SCCDM 9.47 – Use of Safety Cell twice every 30 minutes, with no more than a 15-minute lapse between safety checks. Such observation shall be The policy states “An officer must directly documented. observe the inmate a minimum of 4 times per hour with such observation at least 10 minutes apart.” ☒ ☐ ☐ BSCC staff reviewed a random sampling of Safety Cell Placement reports for the Main Jail from January 2023 through October 2023. The documentation appeared to be compliant with this regulation. (f) Procedures shall be established to assure SCCDM 9.47 – Use of Safety Cell ☒ ☐ ☐ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to SCCDM 9.47 – Use of Safety Cell 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. 5120 Santa Clara County Main Hail II PRO 23-24 Page 12 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL SCCDM 11.05 – Use of Sobering Cells, Holding Cells, and Intake Lobby Chairs. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for temporary holding of Policy states “Persons who are a threat to incarcerated people who are a threat to their own safety ☒ ☐ ☐ their own safety or the safety of others due to or the safety of others due to their state of intoxication. their state of intoxication will be placed in a Sobering Cell.” A person shall be removed from the sobering cell as soon SCCDM 11.05 – Use of Sobering Cells, as they are able to continue the admission process or are ☒ ☐ ☐ Holding Cells, and Intake Lobby Chairs no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over SCCDM 11.05 – Use of Sobering Cells, six hours without an evaluation by medical or custody Holding Cells, and Intake Lobby Chairs staff to determine whether the person has an urgent medical problem, pursuant to section 1213 of these BSCC staff reviewed Sobering Cell regulations. placements for the Main Jail from January ☒ ☐ ☐ 2023 through October 2023. The documentation appeared to be thorough and complete. The documentation appeared to be compliant with this regulation. At 12 hours from the time of placement, all persons must SCCDM 11.05 – Use of Sobering Cells, receive an evaluation by responsible health care staff. Holding Cells, and Intake Lobby Chairs If it becomes necessary to keep a person ☒ ☐ ☐ longer than 12 hours due to his or her condition or behavior, medical staff shall conduct a medical evaluation, and the booking supervisor shall be notified. Intermittent direct visual observation of people held in the SCCDM 11.05 – Use of Sobering Cells, sobering cell shall be conducted no less than every half ☒ ☐ ☐ Holding Cells, and Intake Lobby Chairs hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES SCCDM 11.03 – Medical Screening at Intake SCCDM 12.01 – Medical Health Care The facility administrator, in cooperation with the Services responsible physician, shall develop written policies and SCCDM 12.03 – Mental Health Services procedures for the identification and evaluation, appropriate classification and housing, protection, and Upon entrance into the facility, the nondiscrimination of all incarcerated persons with arresting/transporting officer must escort the ☒ ☐ ☐ developmental disabilities. arrestee to the nurse's station, located at the booking counter, for a medical screening. The intake-booking nurse completes a medical interview and either clears the person to continue with the booking process or refuses acceptance until the person is medically cleared at the hospital. The health authority or designee shall contact the SCCDM 12.01 – Medical Health Care regional center for any incarcerated person suspected or Services confirmed to have a developmental disability for the ☒ ☐ ☐ SCCDM 12.03 – Mental Health Services purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 5120 Santa Clara County Main Hail II PRO 23-24 Page 13 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop and implement BSCC staff reviewed a random sampling of written policies and procedures for the use of restraint Restraint Reports for the Main Jail from devices. Restraint devices include any devices which January 2023 through October 2023. The immobilize extremities or prevent the incarcerated documentation appeared to be compliant with person from being ambulatory. The provisions of this this regulation. section do not apply to the use of handcuffs, shackles, or ☒ ☐ ☐ other restraint devices when used to restrain The policy states “If an inmate exhibits incarcerated people for security reasons. The facility suicidal, self-destructive, psychotic, or manager may delegate authority to place an incarcerated homicidal behavior at the time of intake, the person in restraints to responsible health care staff. Processing Officer shall immediately notify Mental Health Services and complete a Med/Psych Referral form.” (a) The policy shall address the following areas: SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ (1) acceptable restraint devices; SCCDM 9.01 – Use of Force and Restraints (2) signs or symptoms which should result in SCCDM 12.05 – Suicide Prevention immediate medical/mental health referral; availability SCCDM 9.01 – Use of Force and Restraints of cardiopulmonary resuscitation equipment; The policy states “All straps shall be ☒ ☐ ☐ physically checked to ensure they are properly secured and present no obvious physical signs of circulatory restriction to the inmate's extremities.” (3) protective housing of restrained persons; SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints (4) provision for hydration and sanitation needs; and, SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The policy states “Inmates secured in the ☒ ☐ ☐ Restraint Chair shall not be denied beverages, or access to a bathroom (unless deemed unsafe and approved by the on- scene supervisor) and any of these occurrences shall be documented.” (5) exercising of extremities. SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints (b) Policy shall also include, but not be limited to, the SCCDM 12.05 – Suicide Prevention following requirements: SCCDM 9.01 – Use of Force and Restraints (1) In no case shall restraints be used for punishment ☒ ☐ ☐ or as a substitute for treatment. Policy states “Staff shall not use safety cells or safety devices to punish, discipline, or retaliate against inmates.” (2) Restraint devices shall only be used on SCCDM 12.05 – Suicide Prevention incarcerated people who display behavior which SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ results in the destruction of property or reveal an intent to cause physical harm to self or others. (3) Restraint devices should be used only when less SCCDM 12.05 – Suicide Prevention restrictive alternatives, including verbal de-escalation SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ techniques, have been attempted and are deemed ineffective. 5120 Santa Clara County Main Hail II PRO 23-24 Page 14 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) An incarcerated person shall be placed in SCCDM 12.05 – Suicide Prevention restraints only with the approval of the facility SCCDM 9.01 – Use of Force and Restraints manager, the facility watch commander, or ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ maintained until a medical opinion can be obtained. SCCDM 9.01 – Use of Force and Restraints (6) A medical opinion on placement and retention SCCDM 12.05 – Suicide Prevention shall be secured within one hour from the time of ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints placement. (7) A medical assessment shall be completed within SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ four hours of placement. SCCDM 9.01 – Use of Force and Restraints (8) Continuous direct visual observation shall be SCCDM 12.05 – Suicide Prevention conducted at least twice every 30 minutes to ensure SCCDM 9.01 – Use of Force and Restraints that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated The policy states “At least once every fifteen person. Such observation shall be documented. (15) minutes, staff shall check the inmate and While in restraint devices all incarcerated persons document any comments regarding the shall be housed alone or in a specified housing area health and physical condition of the inmate. which makes provisions to protect the person from ☒ ☐ ☐ All straps shall be physically checked to abuse. ensure they are properly secured and present no obvious physical signs of circulatory restriction to the inmate's extremities. All observations and actions taken shall be documented on the "15 Minute Check Observation Log" and the Daily Logbook.” (9) If the facility manager, or designee, in SCCDM 12.05 – Suicide Prevention consultation with responsible health care staff SCCDM 9.01 – Use of Force and Restraints determines that an incarcerated person cannot be ☒ ☐ ☐ safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use SCCDM 12.05 – Suicide Prevention the restraint device manufacturer’s recommended ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints maximum time limits for placement. (11) All events and information related to the SCCDM 12.05 – Suicide Prevention placement in restraints shall be documented and SCCDM 9.01 – Use of Force and Restraints shall be video recorded unless exigent circumstances prevent staff from doing so. The ☒ ☐ ☐ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ The policy states “An inmate known to be procedures for the use of restraint devices on pregnant pregnant or in recovery after delivery shall people. In accordance with Penal Code Section 3407, the not be restrained using leg irons, waist policy shall include reference to the following: chains, or handcuffs behind the back.” 5120 Santa Clara County Main Hail II PRO 23-24 Page 15 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) An incarcerated person known to be pregnant or SCCDM 12.05 – Suicide Prevention in recovery after delivery or termination of the SCCDM 9.01 – Use of Force and Restraints pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. The policy states “An inmate known to be pregnant or in recovery after delivery shall not be restrained using leg irons, waist chains, or handcuffs behind the body. Pregnant inmates ☒ ☐ ☐ will not be shackled or daisy-chained to other inmates. In situations where the movement/transport of a pregnant inmate requires the use of restraints, handcuffs will be used. The pregnant inmate will be handcuffed in the front so that if she falls, she will be able to break the fall with her hands.” (2) An incarcerated pregnant person in labor, during SCCDM 12.05 – Suicide Prevention delivery, or in recovery after delivery or termination SCCDM 9.01 – Use of Force and Restraints of the pregnancy, shall not be restrained by the ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (3) Restraints shall be removed when a professional SCCDM 12.05 – Suicide Prevention who is currently responsible for the medical care of SCCDM 9.01 – Use of Force and Restraints 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 SCCDM 12.05 – Suicide Prevention pregnancy, they shall be advised, orally or in writing, SCCDM 9.01 – Use of Force and Restraints of the standards and policies governing incarcerated pregnant people. The policy states “Upon confirmation of an ☒ ☐ ☐ inmate's pregnancy, she shall be advised, orally or in writing, of the standards and policies governing pregnant inmates.” 1059 DNA COLLECTION, USE OF FORCE SCCDM 9.01 – Use of Force and Restraints SCCDM 13.05 – Penal Code 296 Compliance (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including peace officers, may employ reasonable force to ☒ ☐ ☐ collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of SCCDM 9.01 – Use of Force and Restraints reasonable force” shall be defined as the force that SCCDM 13.05 – Penal Code 296 Compliance an objective, trained and competent correctional ☒ ☐ ☐ employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded by SCCDM 9.01 – Use of Force and Restraints efforts to secure voluntary compliance. Efforts to SCCDM 13.05 – Penal Code 296 Compliance secure voluntary compliance shall be documented ☒ ☐ ☐ and include an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. 5120 Santa Clara County Main Hail II PRO 23-24 Page 16 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) The force shall not be used without the prior written SCCDM 9.01 – Use of Force and Restraints authorization of the facility watch commander or SCCDM 13.05 – Penal Code 296 Compliance designee on duty. The authorization shall include ☒ ☐ ☐ information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell SCCDM 9.01 – Use of Force and Restraints extraction, the extraction shall be videotaped, including SCCDM 13.05 – Penal Code 296 Compliance audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the ☒ ☐ ☐ length of time required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 1061 EDUCATION PROGRAM SCCDM 18.01 – Program’s Unit Goals and Objectives The facility administrator of any Type II or III facility shall ☒ ☐ ☐ SCCDM 18.03 – Educational Programs and plan and shall request of appropriate public officials an Services education program for incarcerated persons. When such services are not made available by the SCCDM 18.01 – Program’s Unit Goals and appropriate public officials, then the facility administrator Objectives ☒ ☐ ☐ shall develop and implement an education program with SCCDM 18.03 – Educational Programs and available resources. Services Such a plan shall provide for the voluntary academic or SCCDM 18.01 – Program’s Unit Goals and vocational, or both, education of housed people. Objectives ☒ ☐ ☐ SCCDM 18.03 – Educational Programs and Services Reasonable criteria for program eligibility shall be SCCDM 18.01 – Program’s Unit Goals and established. Modified academic or vocational Objectives opportunities may be provided based on sound security ☒ ☐ ☐ SCCDM 18.03 – Educational Programs and practices or a person’s failure to abide by facility rules Services and regulations. 1062 VISITING SCCDM 17.01 – Inmate Social Visiting SCCDM 17.03 – Inmate Hospital Visits The facility administrator shall develop and implement SCCDM 17.15 – Video Conferencing and written policies and procedures, which include the Video Visiting following requirements: ☒ ☐ ☐ (a)A visiting program which shall provide for: (1) As many in-person visits and visitors as facility schedules, space, and number of personnel will allow. (2) A publicly posted schedule of facility visiting SCCDM 17.01 – Inmate Social Visiting hours. If practicable, visiting hours should be made SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ available on weekends, evenings, or holidays. SCCDM 17.15 – Video Conferencing and Video Visiting (3)For all incarcerated persons in Type II, III, and IV SCCDM 17.01 – Inmate Social Visiting facilities there shall be allowed no fewer than two SCCDM 17.03 – Inmate Hospital Visits visits totaling at least one hour per incarcerated SCCDM 17.15 – Video Conferencing and person each week. Video Visiting ☒ ☐ ☐ The policy states “Each inmate will be allowed no fewer than two visits totaling at least one hour per week, absent exigent circumstances.” 5120 Santa Clara County Main Hail II PRO 23-24 Page 17 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Visits may not be cancelled unless a legitimate SCCDM 17.01 – Inmate Social Visiting operational or safety and security concern exists. All SCCDM 17.03 – Inmate Hospital Visits cancelled visits must be documented. The facility ☒ ☐ ☐ SCCDM 17.15 – Video Conferencing and manager or designee shall regularly review cancelled Video Visiting visits and document such review. (c) The visiting policies developed pursuant to this SCCDM 17.01 – Inmate Social Visiting section shall include provision for visitation by minor SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ children of the incarcerated person. SCCDM 17.15 – Video Conferencing and Video Visiting (d) Video visitation may be used to supplement existing SCCDM 17.01 – Inmate Social Visiting visitation programs, but shall not be used to fulfill the SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ requirements of this section if in-person visitation is SCCDM 17.15 – Video Conferencing and requested by an incarcerated person. Video Visiting (e) Facilities shall not charge for visitation when visitors SCCDM 17.01 – Inmate Social Visiting are onsite and participating in either in-person or video SCCDM 17.03 – Inmate Hospital Visits visitation. For purposes of this subsection, “onsite” is ☒ ☐ ☐ SCCDM 17.15 – Video Conferencing and defined as the location where the incarcerated person is Video Visiting housed. (f) Subdivision (d) shall not apply to facilities which (1) SCCDM 17.01 – Inmate Social Visiting exclusively used video visitation prior to January 1, 2017 SCCDM 17.03 – Inmate Hospital Visits or (2) had been designed without in-person visitation ☒ ☐ ☐ SCCDM 17.15 – Video Conferencing and space and conditionally awarded by the Board prior to Video Visiting June 27, 2017. (g) If a local detention facility offered video visitation only SCCDM 17.01 – Inmate Social Visiting as of January 1, 2017, the first hour of remote video SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ visitation per week shall be offered free of charge. SCCDM 17.15 – Video Conferencing and Video Visiting Types and availability of visitation, including: Note: Reference PC § 6031.1(a)(4) (June 2017). Mode of visitation; In-person, non-contact, and video visitation at the Main Adult and Elmwood Facilities. Visitation hours; Visiting Days: Monday through Sunday (excluding Wednesday) Hours: Monday, Tuesday, Thursday and Friday: • 0810 • 0920 • 1030 • 1400 • 1510 • 1620 Saturday and Sunday: • 0700 • 0810 • 0920 • 1030 • 1400 • 1510 • 1620 5120 Santa Clara County Main Hail II PRO 23-24 Page 18 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Time inmates are allowed for visitation; and, The Main Jail and the Elmwood Correctional Facility utilize the same Online Visitor Registration (OVR) system. Therefore, your already established visiting account can be used to schedule visits at either facility. See Visiting registration below. Visiting rules vary slightly from the Elmwood Correctional Facility. Rules are posted at each facility. Visitors should educate themselves about the jail facility’s rules. Visits are accommodated on a first-come, first-served basis via the visiting OVR system. Visits may be canceled without prior notice due to facility emergencies or when an inmate has been relocated to another housing unit. If relocation occurs, visitors may reschedule another visit via the OVR system. Inmates may have two 60-minute visits per week. Up to two (2) adults may visit. Each adult will receive a 30-minute visit. Children – must be biologically related to the adult visitor or the inmate. A reasonable number of children may visit as long as they are constantly supervised and remain well- behaved. An original and/or notarized birth certificate is required for each child at the time of each visit. Children who are 18 years or older will be counted as adults and must have their account/register in the OVR system. Visitors must check in 30 minutes before the scheduled visit. Adult visitors are required to present valid government-issued picture I.D. photo identification, (Driver’s License, Green Card, Passport, Military I.D., or Mexican Consulate Card). ***The person registered in OVR must present the ID used to register. 5120 Santa Clara County Main Hail II PRO 23-24 Page 19 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Any restrictions on inmate visitation. A visitor who falsifies identifying information will be suspended or barred from the facility for a period of time determined by the Facility Commander or their designee (California Penal Code 4507.5). If a visitor is late, the visit will be canceled. Missing or canceling a scheduled visit counts as having a visit. All visitors must wear shoes and clothing that are appropriate for visiting. Your visit will be canceled, and you will be denied entry into the facility if these rules are not followed. Any questions or clarification of these rules must be directed to the Information Desk Officer. 1063 CORRESPONDENCE SCCDM 17.13 – Inmate Correspondence SCCDM 14.01 – Legal Rights of Inmates The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for correspondence which provide that: (a) there is no limitation on the volume of mail that an incarcerated person may send or receive; (b) an incarcerated person’s correspondence may be SCCDM 17.13 – Inmate Correspondence read when there is a valid security reason and the facility ☒ ☐ ☐ SCCDM 14.01 – Legal Rights of Inmates manager or designee approves; (c) jail staff shall not review an incarcerated person’s SCCDM 17.13 – Inmate Correspondence correspondence to or from state and federal courts, any SCCDM 14.01 – Legal Rights of Inmates member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may open and inspect such mail ☒ ☐ ☐ The policy states “Correspondence will be only to search for contraband, cash, checks, or money permitted between inmates and counsel, orders and in the presence of the incarcerated person; when properly identified as such, without any review by staff other than inspection for contraband.” (d) incarcerated persons may correspond, confidentially, SCCDM 17.13 – Inmate Correspondence ☒ ☐ ☐ with the facility manager or the facility administrator; and, SCCDM 14.01 – Legal Rights of Inmates (e) those incarcerated persons who are without funds SCCDM 17.13 – Inmate Correspondence shall be permitted at least four postage paid envelopes SCCDM 14.01 – Legal Rights of Inmates and eight sheets of paper each week to permit correspondence with family members and friends but ☒ ☐ ☐ without limitation on the number of postage paid envelopes and sheets of paper to their attorney and to the courts. 1064 LIBRARY SERVICES SCCDM 18.05 – Library Services The facility administrator shall develop written policies and procedures for library service in all Type II, III, and IV facilities. The scope of such service shall be determined by the facility administrator. The library service shall ☒ ☐ ☐ include access to the following resources via paper documents or through electronic media and include current information on community services and resources, and religious, educational, legal reference material and recreational reading material. 5120 Santa Clara County Main Hail II PRO 23-24 Page 20 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1065 EXERCISE AND OUT OF CELL TIME SCCDM 18.07 – Exercise and Recreation (a) The facility administrator of a Type II or III facility shall ☒ ☐ ☐ develop written policies and procedures for a minimum of 10 hours of out of cell time distributed over a period of seven days to include: (1) an opportunity for three hours of exercise and ☒ ☐ ☐ SCCDM 18.07 – Exercise and Recreation (2) an opportunity for seven hours of recreation. ☒ ☐ ☐ SCCDM 18.07 – Exercise and Recreation Policies shall include reasonable and necessary SCCDM 18.07 – Exercise and Recreation ☒ ☐ ☐ procedures to ensure safety and security. 1066 BOOKS, NEWSPAPERS, PERIODICALS, AND SCCDM 14.01 -Legal Rights of Inmates WRITINGS SCCDM 17.13 – Inmate Correspondence (a) The facility administrator of a Type II or III facility shall develop written policies and procedures which will permit incarcerated persons to purchase, receive and read any book, newspaper, periodical, or writing accepted for ☒ ☐ ☐ distribution by the United States Postal Service. The facility administrator shall develop and implement a written plan to make available a current newspaper or other like source, including a non-English language alternative, to ensure reasonable access to interested people. Nothing herein shall be construed as limiting the right of a facility administrator to: (1) exclude any publications or writings based on any SCCDM 14.01 -Legal Rights of Inmates ☒ ☐ ☐ legitimate penological interest; SCCDM 17.13 – Inmate Correspondence (2) exclude obscene publications or writings, and SCCDM 14.01 -Legal Rights of Inmates mail containing information concerning where, how, SCCDM 17.13 – Inmate Correspondence or from whom such matter may be obtained; and any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence; any ☒ ☐ ☐ matter of a character tending to incite crimes against children; any matter concerning unlawful gambling or an unlawful lottery; the manufacture or use of weapons, narcotics, or explosives; or any other unlawful activity; (3) open and inspect any publications or packages SCCDM 14.01 -Legal Rights of Inmates ☒ ☐ ☐ received by an incarcerated person; and SCCDM 17.13 – Inmate Correspondence (4) restrict the number of books, newspapers, SCCDM 14.01 -Legal Rights of Inmates periodicals, or writings the incarcerated person may SCCDM 17.13 – Inmate Correspondence ☒ ☐ ☐ have in their cell or elsewhere in the facility at one time. 5120 Santa Clara County Main Hail II PRO 23-24 Page 21 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE SCCDM 11.01 – Arrestee Admission for Booking The facility administrator shall develop written policies SCCDM 17.05 – Inmate Access to Telephone and procedures which allow access to a telephone or and Telecommunication Devices communication device beyond those telephone calls SCCDM 17.07 – Inmate Telephone which are required by Section 851.5 of the Penal Code. Monitoring System Individuals who are known to have, or are perceived by others as having hearing or speech impairments shall be ☒ ☐ ☐ provided access to the appropriate telecommunication device which will facilitate communication. Such devices may include but are not limited to videophones, teletypewriters, or third-party communications assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESS TO COURTS AND COUNSEL SCCDM 17.11 – Inmate Attorney and Official Visits 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: (a) unlimited mail as provided in Section 1063 of these SCCDM 17.11 – Inmate Attorney and Official ☒ ☐ ☐ regulations, and, Visits (b)confidential consultation with attorneys. SCCDM 17.11 – Inmate Attorney and Official ☒ ☐ ☐ Visits 1069 ORIENTATION SCCDM 11.21 – Inmate Processing and Orientation (a)In Type II, III, and IV facilities, the facility administrator Inmate Orientation and Rule Book shall develop written policies and procedures for the ☒ ☐ ☐ Inmate Orientation Video implementation of a program for people newly admitted to the facility designed to orient them at the time of The video and handbook are provided at placement in a living area. each facility in various languages. Both written and verbal information shall be provided and SCCDM 11.21 – Inmate Processing and may be supplemented with video orientation. Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video Provision shall be made to provide accessible orientation SCCDM 11.21 – Inmate Processing and information to each person, including those with Orientation ☒ ☐ ☐ disabilities, limited literacy, or those with limited English Inmate Orientation and Rule Book proficiency (LEP). Inmate Orientation Video Such a program shall be published and include, but not SCCDM 11.21 – Inmate Processing and be limited to, the following: Orientation ☒ ☐ ☐ (1) correspondence, visiting, and telephone usage Inmate Orientation and Rule Book rules; Inmate Orientation Video (2)rules and disciplinary procedures; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (3)grievance procedures; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (4) programs and activities available and method of SCCDM 11.21 – Inmate Processing and application; Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video 5120 Santa Clara County Main Hail II PRO 23-24 Page 22 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (5) medical and mental health services; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (6) classification/housing assignments; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (7) court appearance where scheduled, if known; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (8) voting, including registration; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (9) zero tolerance policy against sexual abuse and SCCDM 11.21 – Inmate Processing and sexual harassment; and, Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (10) availability of personal care items and SCCDM 11.21 – Inmate Processing and opportunities for personal hygiene. Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video 1070 INDIVIDUAL/FAMILY SERVICE PROGRAMS SCCDM 18.01 – Program Unit’s Goals and Objectives The facility administrator of a Type II, III, or IV facility shall SCCDM 18.11 – Social Services develop written policies and procedures which facilitate SCCDM 18.15 – Correctional Industries cooperation with appropriate public or private agencies ☒ ☐ ☐ for individual or family social service programs for incarcerated persons. Such a program shall utilize the services and resources available in the community and may be in the form of a resource guide or actual service delivery. The range and source of such services shall be at the SCCDM 18.01 – Program Unit’s Goals and discretion of the facility administrator and may include: Objectives (a) risk and needs assessments; SCCDM 18.11 – Social Services (b) best practices in: SCCDM 18.15 – Correctional Industries (1) individual, group or family counseling; (2) drug and alcohol abuse counseling; (3) cognitive behavioral interventions; Programs at the Main Jail include: (4) vocational testing and counseling; ☒ ☐ ☐ (5) employment counseling; • RoadMap to Recovery (6) discharge and reentry planning; • Five Keys (c) referral to community resources and programs; • CIC Ministries (d) reentry planning and service development; • Carry the Vision (e) legal assistance; • Life Skills – HealthRight360 (f) regional center services for the developmentally • Recovery Circle – Rehabilitation disabled; and, Officer (g) community volunteers. 1071 VOTING SCCDM 14.11 – Inmate Voting The facility administrator of a Type I (holding sentenced incarcerated workers) II, III or IV facility shall develop ☒ ☐ ☐ written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 5120 Santa Clara County Main Hail II PRO 23-24 Page 23 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1072 RELIGIOUS OBSERVANCES SCCDM 18.09 – Religious Programs and Services The facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures to provide ☒ ☐ ☐ opportunities for incarcerated persons to participate in religious services, practices, and counseling on a voluntary basis. 1073 GRIEVANCE PROCEDURE SCCDM 14.05 – Inmate Grievance Process (a) Each administrator of a Type II, III, or IV facility and Type I facilities which hold incarcerated workers shall BSCC staff reviewed a random sampling of develop written policies and procedures whereby all grievances for the Main Jail from January incarcerated persons have the opportunity and ability to 2023 through October 2023. The submit and appeal grievances relating to any conditions documentation appeared to be compliant with ☒ ☐ ☐ of confinement, including but not limited to: medical care; this regulation. classification actions; disciplinary actions; program participation; telephone, mail, and visiting procedures; While on-site I spoke with incarcerated and food, clothing, and bedding. individuals who were able to explain the Such policies and procedures shall include: grievance process and expressed that the process was fair and not delayed in resolving their matter. (1)a grievance form; ☒ ☐ ☐ SCCDM 14.05 – Inmate Grievance Process (2) instructions for registering and appealing a SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ grievance, including relevant deadlines; (3) a process for submission and handling of SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ anonymous grievances; (4) resolution of the grievance at the lowest SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ appropriate staff level; (5)appeal to the next level of review; SCCDM 14.05 – Inmate Grievance Process Policy states “Inmates may only submit one ☒ ☐ ☐ (1) appeal per grievance. An appeal by an inmate must be submitted within thirty (30) calendar days of receiving the written result or the appeal will be denied.” (6) written reasons for denial of grievance at each SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ level of review which acts on the grievance; (7) provision for a non-automated initial response SCCDM 14.05 – Inmate Grievance Process within a reasonable time limit which shall not exceed a period of 15 calendar days; While on-site BSCC staff spoke with ☒ ☐ ☐ incarcerated individuals who were able to explain the grievance process and expressed that the process was fair and not delayed in resolving their matter. (8) provision for resolving questions of jurisdiction SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ within the facility; (9) provision for providing a copy of the grievance, SCCDM 14.05 – Inmate Grievance Process appeal, response, and related documents to the ☒ ☐ ☐ incarcerated person; and, (10) The facility manager or designee shall conduct SCCDM 14.05 – Inmate Grievance Process regular review of grievances, responses, and ☒ ☐ ☐ appeals. 5120 Santa Clara County Main Hail II PRO 23-24 Page 24 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Grievance System Abuse: SCCDM 14.05 – Inmate Grievance Process The facility may establish written policy and procedure to ☒ ☐ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY ACTIONS SCCDM 11.21 – Inmate Processing and Orientation Wherever discipline is administered, each facility SCCDM 13.15 – Disciplinary Housing administrator shall establish written rules and disciplinary SCCDM 15.01 – Inmate Discipline Process actions to guide the conduct of incarcerated persons. ☒ ☐ ☐ Inmate Orientation and Rule Book Notes: If discipline IS NOT administered, written policy should indicate as such. If discipline IS administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply SCCDM 11.21 – Inmate Processing and and affirmatively and posted conspicuously in housing Orientation units and the booking area or issued to each person upon SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ booking. SCCDM 15.01 – Inmate Discipline Process Inmate Orientation and Rule Book For those individuals with limited literacy, who are unable SCCDM 11.21 – Inmate Processing and to read English, and for persons with disabilities, Orientation provision shall be made for the jail staff to instruct them SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ verbally or provide them with material in an SCCDM 15.01 – Inmate Discipline Process understandable form regarding jail rules and disciplinary Inmate Orientation and Rule Book procedures and actions. 1081 PLAN FOR DISCIPLINE OF INCARCERATED SCCDM 15.01 – Inmate Discipline Process PERSONS Inmate Orientation and Rule Book Each facility administrator shall develop written policies and procedures for discipline of incarcerated persons. The plan shall include, but not be limited to, the following elements: ☒ ☐ ☐ (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules SCCDM 15.01 – Inmate Discipline Process or repetitive minor acts of non-conformance or repetitive Inmate Orientation and Rule Book 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. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book 2. Placement in disciplinary separation. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book 3. Loss of privileges mandated by regulations. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book 5120 Santa Clara County Main Hail II PRO 23-24 Page 25 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A staff member with investigative and disciplinary SCCDM 15.01 – Inmate Discipline Process authority shall be designated as a disciplinary officer to Inmate Orientation and Rule Book impose such consequences. The policy states “The hearing officer will be a Sergeant or Lieutenant designated by the Division Captain who attends infraction ☒ ☐ ☐ hearings; reviews charges; completes investigation of facts and when necessary determines and imposes disciplinary sanctions for inmates who are found to have committed Department, facility, or criminal rule violation.” Staff shall not participate in disciplinary review if they are SCCDM 15.01 – Inmate Discipline Process involved in the charges. ☒ ☐ ☐ Inmate Orientation and Rule Book Such charges pending against an incarcerated person SCCDM 15.01 – Inmate Discipline Process shall be acted on with the following provisions and within Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process hearing shall be provided no sooner than 24 hours Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process appear on their own behalf at the time of hearing and Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process hours after an incarcerated person has been ☒ ☐ ☐ Inmate Orientation and Rule Book informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary SCCDM 15.01 – Inmate Discipline Process charges by the disciplinary officer, the charges and Inmate Orientation and Rule Book ☒ ☐ ☐ the action taken shall be reviewed by the facility manager or designee. 6. The incarcerated person shall be advised in a SCCDM 15.01 – Inmate Discipline Process written statement by the fact-finders about the Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process supervisor on all disciplinary action. Inmate Orientation and Rule Book The policy states ”All disciplinary actions will ☒ ☐ ☐ be reviewed by the Division Captain or designee who shall not be the Hearing Officer. He or she may affirm, reduce or dismiss discipline but it cannot be increased.” 5120 Santa Clara County Main Hail II PRO 23-24 Page 26 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE SCCDM 15.01 – Inmate Discipline Process Inmate Orientation and Rule Book The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of BSCC staff reviewed a random sampling of discipline shall consist of, but not be limited to, the discipline reports for the Main Jail from following: January 2023 through October 2023. The (a)Loss of privileges. ☒ ☐ ☐ documentation appeared to be compliant with (b)Extra work detail. this regulation. (c)Short term lockdown for less than 24 hours. (d)Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g)Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS SCCDM 15.01 – Inmate Discipline Process Inmate Orientation and Rule Book The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation. ☒ ☐ ☐ Additionally, there shall be the following limitations: (a)Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1)If a person is on disciplinary separation status for SCCDM 15.01 – Inmate Discipline Process 30 consecutive days there shall be a review by the Inmate Orientation and Rule Book facility manager before the disciplinary separation status is continued. This review shall include a The policy states “If an inmate is in consultation with health care staff. Such reviews shall Disciplinary Housing status for 30 continue at least every fifteen days thereafter until consecutive days, the Division Captain shall ☒ ☐ ☐ the disciplinary status has ended. This review shall review the inmate's status before the be documented. Disciplinary Housing status is continued. This review shall include consultation with medical staff and will continue every 15 days thereafter until the disciplinary status has ended.” (2)The disciplinary separation cells or cell shall have SCCDM 15.01 – Inmate Discipline Process the minimum furnishings and space specified in Title Inmate Orientation and Rule Book 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles Policy states “Inmates in Disciplinary Housing 13 and 14 of these regulations and shall not be shall be issued clothing and bedding as deprived of them through any portion of the day specified in Articles 12 and 13 of Title 24 and except that those incarcerated persons who engage shall not be deprived of them through any in the destruction of bedding or clothing may be ☒ ☐ ☐ portion of the day except that those inmates deprived of such articles. The decision to deprive a who engage in the destruction of bedding or person of such articles of clothing and bedding shall clothing may be deprived of such articles. The be reviewed by the facility manager or designee decision to deprive inmates of such articles of during each 24-hour period. clothing and bedding shall be reviewed by the Watch Commander every 24 hours and shall be documented on an employee's report to the Division Captain.” 5120 Santa Clara County Main Hail II PRO 23-24 Page 27 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) If after placement in separation, mental health or SCCDM 15.01 – Inmate Discipline Process medical staff determine that an individual has serious Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process or group of incarcerated people to exercise the right of Inmate Orientation and Rule Book 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, SCCDM 15.01 – Inmate Discipline Process Part 2, 1231.2.5, or any restraint device be used for ☒ ☐ ☐ Inmate Orientation and Rule Book disciplinary purposes. (d) No incarcerated person may be deprived of the SCCDM 15.01 – Inmate Discipline Process implements necessary to maintain an acceptable level of Inmate Orientation and Rule Book ☒ ☐ ☐ personal hygiene as specified in Section 1265 of these regulations. (e)Food shall not be withheld as a disciplinary measure. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book (f) Correspondence privileges shall not be withheld SCCDM 15.01 – Inmate Discipline Process except in cases where the incarcerated person has Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process suspended as a disciplinary measure. ☒ ☐ ☐ Inmate Orientation and Rule Book 1084 DISCIPLINARY RECORDS SCCDM 15.01 – Inmate Discipline Process Penal Code Section 4019.5 requires that a record is kept ☒ ☐ ☐ of all disciplinary actions administered therefore. This BSCC staff confirmed that copies of the requirement may be satisfied by retaining copies of rule records have been kept in compliance with violation reports and report of the disposition of each. this regulation. 1206.5 MANAGEMENT OF COMMUNICABLE SCCDM 10.37 – Exposure Control Plan for DISEASES IN A CUSTODY SETTING Bloodborne Pathogens (a) The responsible physician, in conjunction with the facility administrator and the county health officer, shall develop a written plan to address the identification, treatment, control and follow-up management of tuberculosis and other communicable diseases. The plan ☒ ☐ ☐ shall cover the intake screening procedures, identification of relevant symptoms, referral for a medical evaluation, treatment responsibilities during incarceration and coordination with public health officials for follow-up treatment in the community. The plan shall reflect the current local incidence of communicable diseases which threaten the health of incarcerated people and staff. 5120 Santa Clara County Main Hail II PRO 23-24 Page 28 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Consistent with the above plan, the health authority SCCDM 10.37 – Exposure Control Plan for shall, in cooperation with the facility administrator and the Bloodborne Pathogens county health officer, set forth in writing, policies and procedures in conformance with applicable state and ☒ ☐ ☐ federal law, which include, but are not limited to: (1) The types of communicable diseases to be reported; (2) The persons who shall receive the medical SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ reports; Bloodborne Pathogens (3) Sharing of medical information with incarcerated SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ persons and custody staff; Bloodborne Pathogens (4) Medical procedures required to identify the SCCDM 10.37 – Exposure Control Plan for presence of disease(s) and lessen the risk of ☒ ☐ ☐ Bloodborne Pathogens exposure to others; (5)Medical confidentiality requirements; SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ Bloodborne Pathogens (6) Housing considerations based upon behavior, SCCDM 10.37 – Exposure Control Plan for medical needs, and safety of the affected ☒ ☐ ☐ Bloodborne Pathogens incarcerated persons; (7)Provisions for consent by an incarcerated person SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ that address the limits of confidentiality; and, Bloodborne Pathogens (8) Reporting and appropriate action upon the SCCDM 10.37 – Exposure Control Plan for possible exposure of custody staff to a ☒ ☐ ☐ Bloodborne Pathogens communicable disease. 1211 SICK CALL SCCDM 12.01 – Medical Health Care services The facility administrator, in cooperation with the health authority, shall develop written policies and procedures, ☒ ☐ ☐ which provide daily sick call for all incarcerated persons or provision made that any incarcerated person requesting medical/mental health attention be given such attention. 1240 FREQUENCY OF SERVING SCCDM 8.03 Food Service Safety Compliance In Temporary Holding, Type I, II, and III facilities, and SCCDM 8.07 – Inmate Meals those Type IV facilities where food is served, food shall be served three times in any 24-hour period. At least one of these meals shall include hot food. Supplemental food The policy states “Meals will be served at must be served to incarcerated persons if more than 14 ☒ ☐ ☐ 0400 hours, 1030 hours, and 1600 hours daily hours pass between evening and morning meals. and not earlier. A minimum of fifteen minutes Additionally, supplemental food must be served to people will be allowed for the actual consumption of on medical diets in less than the time period outlined each above, if prescribed by the responsible physician. meal. Serving times are approximate and subject to change due to facility emergencies or exigent circumstances.” A minimum of fifteen minutes shall be allowed for the SCCDM 8.03 Food Service Safety actual consumption of each meal except for those on Compliance ☒ ☐ ☐ medical diets where the responsible physician has SCCDM 8.07 – Inmate Meals prescribed additional time. Provisions shall be made for incarcerated persons who SCCDM 8.03 Food Service Safety may miss a regularly scheduled facility meal. They shall Compliance be provided with a substitute meal and beverage, and on ☒ ☐ ☐ SCCDM 8.07 – Inmate Meals medical diets shall be provided with their prescribed meal. 5120 Santa Clara County Main Hail II PRO 23-24 Page 29 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1260 STANDARD INSITUTIONAL CLOTHING SCCDM 16.03 – Inmate Clothing, Bedding, and Linens The standard issue of climatically suitable clothing to incarcerated people held after arraignment in all but ☒ ☐ ☐ Court Holding, Temporary Holding, and Type IV facilities shall include, but not be limited to: (a)Clean socks and footwear; (b)Clean outergarments; and, SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (c)Clean undergarments; SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (1)For males – shorts and undershirt, and SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (2)For females – bra and two pairs of panties. SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens The person’s personal undergarments and footwear may SCCDM 16.03 – Inmate Clothing, Bedding, be substituted for the institutional undergarments and and Linens footwear specified in this regulation. This option ☒ ☐ ☐ notwithstanding, the facility has the primary responsibility to provide the personal undergarments and footwear. All issued and exchanged clothing shall be clean and free SCCDM 16.03 – Inmate Clothing, Bedding, of holes or tears, reasonably fitted, durable, easily and Linens laundered and repaired. Undergarments shall be clean, free of holes or tears, and substantially free of stains. ☒ ☐ ☐ Individuals shall be able to select the garment type more compatible with their gender identity and gender expression. 1264 CONTROL OF VERMIN IN PERSONAL SCCDM 16.01 – Sanitation Inspections and CLOTHING Housekeeping Plan There shall be written policies and procedures developed by the facility administrator to control contamination ☒ ☐ ☐ and/or spread of vermin in all incarcerated people’s personal clothing. Infested clothing shall be cleaned, disinfected, or stored in a closed container so as to eradicate or stop the spread of vermin. 1265 ISSUE OF PERSONAL CARE ITEMS SCCDM 16.05 – Inmate Hygiene There shall be written policies and procedures developed ☒ ☐ ☐ by the facility administrator for the issue of personal hygiene items. Each menstruating person shall be provided with sanitary SCCDM 16.05 – Inmate Hygiene napkins, panty liners, and tampons as requested with no maximum allowance. While onsite, BSCC staff noticed that the ☒ ☐ ☐ facility was missing panty liners. Staff ordered the missing item and provided it before the inspection was completed. Compliant with this regulation. Each person to be held over 24 hours who is unable to SCCDM 16.05 – Inmate Hygiene supply themself with the following personal care items, because of either indigency or the absence of a canteen, ☒ ☐ ☐ shall be issued: (a)Toothbrush, (b)Dentifrice, ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene (c)Soap, ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene 5120 Santa Clara County Main Hail II PRO 23-24 Page 30 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d)Comb, and ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene (e)Shaving implements. ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene Personal care items shall be issued within the first 12 SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ hours of housing assignment. Incarcerated persons shall not be required to share any SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ personal care items listed in items “a” through “d.” Incarcerated people will not share disposable razors. ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene Double edged safety razors, electric razors, and other SCCDM 16.05 – Inmate Hygiene shaving instruments capable of breaking the skin, when shared among incarcerated people, must be disinfected between individual uses by the method prescribed by the ☒ ☐ ☐ State Board of Barbering and Cosmetology in Sections 979 and 980, Division 9, Title 16, California Code of Regulations. 1266 SHOWERING SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ There shall be written policies and procedures developed by the facility administrator for showering/bathing. Incarcerated persons shall be permitted to shower/bathe SCCDM 16.05 – Inmate Hygiene upon assignment to a housing unit and at least every ☒ ☐ ☐ other day or more often if possible. Absent exigent circumstances, no person shall be SCCDM 16.05 – Inmate Hygiene prohibited from showering at least every other day following assignment to a housing unit. If showering is ☒ ☐ ☐ prohibited, it must be approved by the facility manager or designee, and the reason(s) for prohibition shall be documented. 1267 HAIR CARE SERVICES SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ (a)Hair care services shall be available. (b) Except those who may not shave for reasons of SCCDM 16.05 – Inmate Hygiene identification in court, incarcerated people shall be allowed to shave daily and receive hair care services at ☒ ☐ ☐ least once a month. The facility administrator may suspend this requirement in relation to people who are considered to be a danger to themselves or others. (c) Equipment shall be disinfected, after each use, by a SCCDM 16.05 – Inmate Hygiene method approved by the State Board of Barbering and Cosmetology to meet the requirements of Title 16, ☒ ☐ ☐ Division 9, Sections 979 and 980, California Code of Regulations. 1270 STANDARD BEDDING AND LINEN ISSUE SCCDM 16.03 – Inmate Clothing, Bedding, and Linens 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; SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (c)one towel; and, SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens 5120 Santa Clara County Main Hail II PRO 23-24 Page 31 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) one blanket or more depending up on climatic SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ conditions. and Linens Policy and procedure shall require that items (a), (b), and SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ (d) above be provided prior to the first night in the facility. and Linens Two blankets or sleep bag may be issued in place of one SCCDM 16.03 – Inmate Clothing, Bedding, mattress cover or one sheet at the request of the ☒ ☐ ☐ and Linens incarcerated person. 1280 FACILITY SANITATION, SAFETY, AND SCCDM 16.01 – Sanitation Inspections and MAINTENANCE Housekeeping Plan 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. Medical care housing as described in Title 24, Part 2, SCCDM 16.01 – Sanitation Inspections and Section 1231.2.14, shall be cleaned and sanitized Housekeeping Plan ☒ ☐ ☐ according to policies and procedures established by the health authority. DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in this facility? No juveniles are held in this facility. If yes, the following sections, including those ☐ ☒ ☐ summarized in Title 15, Article 8, apply (Minors in Jails). Note: Reference PC § 207.1(b), 207.6, 707.1. 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles are not confined or detained in any facility in ☐ ☐ ☒ which they have contact with adult prisoners. Note: Reference WIC § 208. 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. 1101 RESTRICTIONS ON CONTACT WITH INCARCERATED ADULTS The facility administrator shall establish policies and procedures to restrict sight and sound contact, as ☐ ☐ ☒ defined in Section 1006, between detained minors and adults confined in the facility. The policies and procedures should consider trauma-informed approaches in protecting minors from contact. 5120 Santa Clara County Main Hail II PRO 23-24 Page 32 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 1102 CLASSIFICATION The facility administrator shall develop and implement a ☐ ☐ ☒ written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include the following: (a) a procedure for receiving and transmitting information regarding minors who present a risk or hazard to self or others while confined at the facility, and ☐ ☐ ☒ the separation of such minors to the extent possible within the limits of the facility. (b) a procedure to provide care for any minor who appears to be in need of or who requests medical, mental health, or developmental disability treatment. ☐ ☐ ☒ Written procedures shall be established by the responsible health administrator in cooperation with the facility administrator. (c) a suicide prevention program designed to identify, monitor, and provide treatment to those minors who ☐ ☐ ☒ present a suicide risk. (d) provide that minors be housed separately from adults and not be allowed to come or remain in contact ☐ ☐ ☒ with adults except as provided in Section 208(c) of the Welfare and Institutions Code. 1103 RELEASE PROCEDURES Facility staff shall notify the parents or guardians prior to ☐ ☐ ☒ the release of a minor. The minor's personal clothing and valuables shall be returned to the minor, parents or guardian, upon the minor's release or consent. 1104 SUPERVISION OF MINORS The facility administrator shall develop and implement ☐ ☐ ☒ policy and procedures that provide for: (a) continuous around-the-clock supervision of minors with assurance that staff can hear and respond; and, (b) safety checks of minors at least once every 30 minutes. These safety checks shall include the direct visual observation of movement and skin. Safety checks shall not be replaced, but may be supplemented by, an ☐ ☐ ☒ audio/visual electronic surveillance system designed to detect overt, aggressive, or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented. 5120 Santa Clara County Main Hail II PRO 23-24 Page 33 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1105 RECREATIONAL PROGRAMS The facility administrator shall develop written policies and procedures to provide a recreation program that ☐ ☐ ☒ shall protect the welfare of minors and incarcerated adults, recognize facility security needs and comply with minimum jail standards for recreation (California Code of Regulations, Title 15, Section 1065). 1106 DISCIPLINARY PROCEDURES Nothing in this regulation shall prevent the administrator from removing a detained minor from the general population or program for reasons of the minor's mental or physical health; or under any circumstances in which ☐ ☐ ☒ the safety of the minor, incarcerated adults, staff, the program or community is endangered, pending a disciplinary action or review. With the exceptions noted below, the provisions of Section 1080-1084 shall apply when a minor is involved in disciplinary actions. (a) Pursuant to Welfare and Institutions Code Section 208.3, minors may not be placed in room confinement ☐ ☐ ☒ for disciplinary purposes. (b) Permitted forms of discipline include: ☐ ☐ ☒ (1) temporary loss of privileges; and, (2) loss of privileges mandated by applicable ☐ ☐ ☒ regulations. (c) Access to visitation and recreation shall be restricted only after a second level review by a supervisor or ☐ ☐ ☒ manager and shall not extend beyond five days without subsequent review. (d) Prohibited forms of discipline include: ☐ ☐ ☒ (1) discipline that does not fit the violation; (2) corporal punishment; ☐ ☐ ☒ (3) discipline imposed by incarcerated persons; ☐ ☐ ☒ (4) placement in safety cells, sobering cells, or any other cell not specifically designated for the ☐ ☐ ☒ detention of minors; (5) deprivation of food; and, ☐ ☐ ☒ (6) room confinement. ☐ ☐ ☒ 1120 EDUCATION PROGRAM FOR MINORS IN JAILS Whenever a minor is held in a Type II or III facility, the ☐ ☐ ☒ facility administrator shall coordinate with the County Department of Education or County Superintendent of Schools to provide education programs as required by Section 48200 of the Education Code. 5120 Santa Clara County Main Hail II PRO 23-24 Page 34 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the ☐ ☐ ☒ facility administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☐ ☒ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery or termination of the pregnancy shall ☐ ☐ ☒ not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor 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 a minor's pregnancy, they shall be advised, orally or in writing, of the ☐ ☐ ☒ standards and policies governing pregnant minors. 5120 Santa Clara County Main Hail II PRO 23-24 Page 35 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5120 FACILITY: Santa Clara County Main Jail TYPE: II RC: 793 FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/14/2023 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 Court Movement Area - see notes under individual cells. Changed applicable standards from 1980 to 1988 to reconcile RC with space and/or facility requirements. T1, 2 Holding 1988 2 - (16) (32) 19.0' x 9.5' 1 - 1 1 - Notes: Less 15 sq. ft.; two 14’ benches (c 28 feet of bench) “T” denotes transportation room. Prior LASE listed applicable standards of 1980. Unclear how RC was established, as the 1980 standard for toilets is 1:8. However, by applying 1988, later less restrictive standards, it allows for a 1:16 toilet ratio. T3, 4 Holding 1988 2 - (16) (32) 18.5' x 10.0' 1 - 1 1 - Notes: Two 13.8’ benches (c 27.67 feet of bench) – (prior LASE said 30 – re-measured 98-00). Prior LASE listed applicable standards of 1980. Unclear how RC was established, as the 1980 standard for toilets is 1:8. However, by applying 1988, later less restrictive standards, it allows for a 1:16 toilet ratio. Changed applicable standards this inspection cycle to be consistent with RC. T5, 6, 7 Holding 1988 3 - (8) (24) 10.0' x 9.6' 1 - 1 1 - Notes: Each cell has two – 6 foot benches (total 12’ feet of bench per cell) - seating and facilities limit RC. Cells 6 and 7 were temporarily used as storage during the 2004/2006 inspection. T8, 9,10 Holding 1988 3 - (4) (12) 8.5’ x 7.2’ 1 - 1 1 - Notes: Cells 8 – 10 each have one 7.2’ bench (prior LASE listed 8 feet – re-measured 98-00); seating limits RC. T11 Holding 1988 1 - (3) (3) 8.5’ x 7.2’ 1 - 1 1 - Notes: 5 foot bench (prior LASE listed bench space of 8’ > re-measured 98-00). On prior LASE, this cell was grouped with T8-14, each listed as having an RC of 4. After re-measuring, RC changed to 3. Seating limits RC. INTAKE A – Male Booking//Receiving Area - see notes under individual cells. Changed applicable standards from 1980 to 1988 to reconcile RC with space and/or facility requirements. No impact on other cells. A-B-C Safety 1988 3 - (1) (3) 5.8' x 8.8' 1 - - - - Notes: Three safety cells. Variable light (switch located in pipe chase adjacent to cell). Grates in A, B &C to be replaced due to grid size. During the 2012-2014 cycle, we found that cells A and C were converted to storage and C is not used. I-1 Holding 1988 1 - (8) (8) 15.6’ x 6.9’ 1 - 1 1 - Notes: Dimensions are irregular; 12-foot bench. – cell slightly larger, dimensions reflect depth to the partition of alcove containing W/F and T units. Seating limits capacity. Outside security. I-2 Holding 1988 1 - (12) (12) 15.5' x 9.5' 1 - 1 1 - Notes: Irregular room. One 8-foot bench, and one ten-foot-eleven-inch bench (approx. 19 ft bench) Bench limits capacity (last LASE appears to have used sq. ft to establish RC of 14, changed to 12). Prior LASE listed applicable standards of 1980. Unclear how RC was established, as the 1980 standard for toilets/wash basins is 1:8. However, by applying 1988, later less restrictive standards, it allows for a 1:16 toilet ratio. Footage requirements are the same. Changed applicable standards for this inspection cycle to be consistent with RC. I-3 Soberin 1988 1 - (7) (7) 15.4' x 9.6' 1 - 1 1 - g *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. 5120 Santa Clara County Main Jail II LASE 3-24 - 1 - A360 LAS Adult.dot (9/98) 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 Notes: Padded floor; three wall-mounted phones; seating added; they have been using it as a holding cell; depth of 15’4” to back wall, however, it is 11.8’ to the padded partition that separates the room from the alcove with W/F and T facilities in it. I-4 Holding 1988 1 - (14) (14) 15.4' x 9.8' 1 - 1 1 - Notes: Approx. 22’ of bench (two benches, each 10’11”). Padded floor. Seating limits capacity. Prior LASE listed 24’ bench, re-measured 98-00. Prior LASE listed applicable standards of 1980. Unclear how RC was established, as the 1980 standard for toilets/wash basins is 1:8. However, by applying 1988, later less restrictive standards, it allows for a 1:16 toilet ratio. Footage requirements are the same. Changed applicable standards this inspection cycle to be consistent with RC. I-6 Holding 1988 1 - (5) (5) 8.8' x 8.0' 1 - 1 1 - Notes: 8’ bench; less 8 square feet; prior LASE listed 9’ bench, re-measured 98-00. I-7 Holding 1988 1 - (4) (4) 8.6' x 6.5' 1 - 1 1 - Notes: 6.4’ bench, irregularly shaped room; prior LASE listed 9 ft bench, re-measured 98-00 I-8 to I-10 Holding 1988 3 - (4) (12) 8.8' x 6.9' 1 - 1 1 - Notes: 6.6’ bench in each cell (prior LASE listed 9’, re-measured 98-00) I-11 Holding 1988 1 - (2) (2) Not measured 1 - 1 1 - Notes: Irregular shape (not measured); 4’ bench Dimensions are irregular. INTAKE B – Female Booking/Receiving Area Note: Restroom available in the lobby area for inmate use I-12 Holding 1988 1 - * * 10.3’ x 7.4’ 1 - 1 1 - Notes: Two wall-mounted phones; partition was padded since last inspection; floor padded, grates’ grid space large suggested replacement if used as Sobering (same as with Intake A safety cells); round pillar extends into the room about 2.3’ making square footage slightly less than calculated from dimensions. Prior LASE listed RC as (4) – was based on the fact there was a 6’ bench in the cell. Listed as a Holding Cell on the last LASE, however, does not meet the physical plant standards for one. Does meet those for Sobering Cell > changed this cycle. If the department wishes to utilize this as a holding cell, will need to install seating. If used as Sobering, RC would be (4). During the 2012-2014 cycle, this cell was closed for restroom use only. I-13 Holding 1988 1 - * * 10.3’ x 7.6’ 1 - 1 1 - Notes: Same as I-12 except no pillar in the room. Prior LASE listed RC as (7), as the room used to contain a 12’ bench. If used as Sobering, RC would be (4). I-14 Holding 1988 1 - (7) (7) 10.3' X 7.3' 1 - 1 1 - Notes: 12’ bench, partition (not padded), two wall-mounted phones, sq. ft limits capacity D Safety 1988 1 - (1) (1) 8.3' X 6.3' 1 - - - - Notes: Has dimmer switch; less than 10 square feet CLASSIFICATION – see notes under individual cells. Changed applicable standards from 1980 to 1988 to reconcile RC with space and/or facility requirements. No impact on other cells. C-A Holding 1988 1 (8) (8) (not measured) 1 - 1 1 - Notes: 8 chairs (not fixed seating); Irregular dimensions; approximately 234 square; 2 phones; RC appears based on the number of seats not footage (2010). Prior LASE listed applicable standards of 1980. 1980 standard for toilets/wash basins is 1:8. By applying 1988, later less restrictive standards, it allows for a 1:16 toilet ratio. Footage requirements are the same. Changed applicable standards for this inspection cycle to be consistent with RC. C-B Holding 1988 1 (7) (7) (not measured) 1 - 1 1 - Notes: 7 chairs (not fixed seating); Irregular dimensions; approximately 131 square feet. RC appears based on Seat not footage (2010). Prior LASE listed applicable standards of 1980. 1980 standard for toilets/wash basins is 1:8. By applying 1988, later less restrictive standards, it allows for a 1:16 toilet ratio. Footage requirements are the same. Changed applicable standards for this inspection cycle to be consistent with RC. *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. 5120 Santa Clara County Main Jail II LASE 3-24 - 2 - A360 LAS Adult.dot (9/98) 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 C-1 Holding 1988 1 - (3) (3) (not measured) 1 - 1 1 - Notes: 6’ bench; Irregular dimensions; approximately 50 square feet. C-2, 3 Holding 1988 2 - (4) (8) 8.9’ x 6.0’ 1 - 1 1 - Notes: 6’ bench; seating limits capacity H-1 Holding 1988 1 - (4) (4) 8.8' x 7.2' 1 - 1 1 - Notes: 6’ bench; seating limits capacity (prior LASE listed RC of 5) H-2 Holding 1988 1 - (4) (4) (not measured) 1 - 1 1 - Notes: 6’ bench; Irregular dimensions; seating limits capacity (prior LASE listed RC of 5) C-4 Holding 1988 1 - (15) (15) 17.5’ x 10.0 1 - 1 1 - Notes: One 14.1’ bench and one 8.75’ bench = 22.85 feet of bench (prior LASE listed bench as 16’); seating limits capacity. Prior LASE listed applicable standards of 1980. Appears RC was established using bench space; however, the 1980 standard for toilets/wash basins is 1:8. By applying 1988, later less restrictive standards, it allows for a 1:16 toilet ratio. Footage requirements are the same. Changed applicable standards for this inspection cycle to be consistent with RC. C5 – 9 Holding 1988 5 - (4) (20) 10.0’ x 7.0’ 1 - 1 1 - Notes: 6’ bench; seating limits capacity. NOTE: Two (2) showers for the receiving area are located in the dress-out room. There are two more in a second room that was also used for dress-out but was converted to an SRT tactical room, these showers are not accessible to inmates (prior LASE indicated 4 showers, however, now there are only 2). 2nd MEDICAL FLOOR - consists of 3 housing areas. 2-C - Infirmary - contains a bathroom area with 1-tub, and 2-showers for all 2D inmates. M-1 Multiple 1980 1 4 - Not rated (not measured) 1 - 1 1 - Notes: Primarily used for female inmates. M-2, 3 Single 1980 2 1 - Not rated (not measured) 1 - 1 1 - Notes: Negative pressure rooms M4-7 Single 1980 4 1 - Not rated (not measured) 1 - 1 1 - M8 Single 1980 1 - - - (not measured) - - - - - Notes: Isolation room M9-10 Single 1980 2 1 - Not rated (not measured) 1 - 1 1 - M-11 Multiple 1980 1 10 - Not rated (not measured) 1 - 1 1 - 2-C – contains a bath area with 1 tub and 2 showers for 2C inmates M – 12 Multiple 1980 1 4 - Not (not measured) 1 - 1 1 - rated M 13 - 19 Single 1980 7 1 - Not (not measured) 1 - 1 1 - rated 2–B Special. Housing - contains a bath area with 1 tub and 2 showers for all 2B inmates; this is special housing for inmates using crutches, wheelchairs, artificial limbs, etc. S – 1 Single 1980 1 1 1 1 12.5' x 10.0' 1 - 1 1 - Notes: Handicap cell, handrails by commode. S 2 – 5 Single 1980 4 1 1 4 12.3' x 6.0' 1 - 1 1 - S – 6 Single 1980 1 1 1 1 12.3' x 10.0' 1 - 1 1 - *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. 5120 Santa Clara County Main Jail II LASE 3-24 - 3 - A360 LAS Adult.dot (9/98) 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 Notes: Handicap cell; handrails by commode. S 7 – 11 Single 1980 5 1 1 5 12.3' x 6.0' 1 - 1 1 - S 12 Single 1980 1 1 1 1 12.3’ x 10.0' 1 - 1 1 - Notes: Handicap cell; handrails by commode. S 13 - 16 Single 1980 4 1 1 4 12.3' x 6.0' 1 - 1 1 - S 17 Single 1980 1 1 1 1 12.3' x 10.0' 1 - 1 1 - Notes: Handicap cell; handrails by commode. S 18 – 20 Single 1980 3 1 1 3 12.3' x 6.0' 1 - 1 1 - S 21 – 22 Single 1980 2 1 1 2 (not measured) 1 - 1 1 - Notes: Minimum 70 square feet. Handicap cell; handrails by commode. S 23 – 25 Single 1980 3 1 1 3 12.3' x 6.1' 1 - 1 1 - S 26 Single 1980 1 1 1 1 12.3’ x 9.0’ 1 - 1 1 - Notes: Handicap cell; handrails by commode. S 27 – 29 Single 1980 3 1 1 3 12.3’ x 6.1’ 1 - 1 1 - S30 Single 1980 1 1 1 1 (not measured) 1 - 1 1 - Notes: Handicap cell; irregular dimensions; handrails by commode. 4th FLOOR 4A Pod A was divided into three separate pods 2018. (MJB) A1 Single 2015 7 1 1 7 12.3’ x 6.0 x 7.6 1 - 1 1 2 Double 2015 8 2 2 16 12.3’ x 6.0 A2 Single 2015 7 1 1 7 12.3’ x 6.0 x 7.6 1 - 1 1 2 Double 2015 8 2 2 16 12.3’ x 6.0 A3 Single 2015 7 1 1 7 12.3’ x 6.0 x. 7.6 1 - 1 1 2 Double 2015 8 2 2 16 12.3’ x 6.0 1 - 1 1 4B – The housing area consists of three distinct pods (Special Management). Pod 1 Single 1980 16 1 1 15 12.3’ x 6.0” 1 - 1 1 2* Pod 2 Single 1980 16 1 1 16 12.3’ x 6.0” 1 - 1 1 2 Pod 3 Single 1980 16 1 1 16 12.3’ x 6.0” 1 - 1 1 2 4C – The housing unit consists of three distinct pods. Pod 1 Single 1980 16 1 1 16 12.3’ x 6.0” 1 - 1 1 2 Pod 2 Single 1980 16 1 1 16 12.3’ x 6.0” 1 - 1 1 2 Pod 3 Single 1980 16 1 1 16 12.3’ x 6.0” 1 - 1 1 2* 5th FLOOR Pod A was divided into three separate pods 2018. (MJB) A1 Single 2015 6 1 1 6 12.3’ x 6.0 x 7.6 1 - 1 1 2 Double 2015 8 2 2 16 12.3’ x 6.0” A2 Double 2005 16 2 2 32 12.3’ x 6.0’ 1 - 1 1 2 A3 Single 2005 16 1 1 16 12.3’ x 6.0’ 1 1 1 *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. 5120 Santa Clara County Main Jail II LASE 3-24 - 4 - A360 LAS Adult.dot (9/98) 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 5B Single 1980 1 1 1 1 12.3’ x 6.0” 1 - 1 1 Double 1980 46 2 92 92 12.3’ x 6.0” 1 - 1 1 4 5C Single 1980 16 16 1 16 12.3’ x 6.0” 1 - 1 1 2 Double 1980 8 2 2 16 12.3’ x 6.0” 1 - 1 1 6th FLOOR –There is a total of 2475 sq. ft. of dayroom space which limits the rated capacity in each pod to 70. (Pod A & B have 95 beds). MJB 10/12 A Single 1980 1 1 1 1 12.3' x 6.0' 1 - 1 1 4 Double 1980 47 2 68 12.3' x 6.0' 1 - 1 1 B Single 1980 32 32 1 32 12.3' x 6.0' 1 - 1 1 4 Double 1980 16 2 2 32 12.3' x 6.0' 1 - 1 1 C Single 1980 1 1 1 1 12.3' x 6.0' 1 - 1 1 4 Double 1980 47 2 68 12.3' x 6.0' 1 - 1 1 7th FLOOR – There is a total of 2475 sq. ft. of dayroom space which limits the rated capacity in each pod to 70. (All Pods have been double bunk). MJB 10/12 A Double 1980 16 16 1 16 12.3' x 6.0' 1 - 1 1 4 B Double 1980 16 32 2 32 12.3' x 6.0' 1 - 1 1 4 C Double 1980 48 96 2 70 12.3' x 6.0' 1 - 1 1 4 8th Floor Acute Psychiatric Unit – Special use cell type. 8A2 Office Acute Mental Health Unit. Originally 48 beds, it now contains 43 actual beds with 5 cells converted to office space. Combine cells 41 & 43 for ADA cell 2020-2022 cycle. MJB A Special 1980 43 1 1 (43) 12.3’ x 6.0” 1 - 1 1 3 Use 2013 S1 Safety 1980 1 1 1 (1) 10.5’ x 6.0’ 1 - - - - S2 Seclusi 1980 1 1 1 (1) 10.5’ x 6.0’ 1 - - - - on Room Notes: Safety cell converted to a ‘seclusion room” in acute psychiatric care unit. Restraint Special 1980 1 - - - Not measured - - - - - Rm #1 Use Restraint Special 1980 1 - - - Not measured - - - - - Rm #2 Use Combine cells 8B27 & 29 for ADA Cell 2020-2022 cycle. MJB B Single 1980 47 1 1 47 12.3' x 6.0' 1 - 1 1 4 2013 2018 Combine cells 11 & 13 for ADA Cell 2020-2022 cycle. MJB 8C 1- 48 Single 1980 48 1 1 47 11.5' x 12.2' 1 - 1 1 4 *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. 5120 Santa Clara County Main Jail II LASE 3-24 - 5 - A360 LAS Adult.dot (9/98) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT TYPE I, II, III AND IV FACILITIES APPLICABLE REGULATIONS: 3/80; 8/86; 5/88; 1/91 Title 24, California Code of Regulations (CCR) BSCC Code: 5120 FACILITY NAME: Santa Clara Main Jail FACILITY TYPE: II APPLICABLE REGULATIONS (Check All That Apply): 3/80: X 8/86: 5/88: X 1/91: OTHER: 1963, 2005, 2015 FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/14/2023 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Water fountain accessible X Wash basin accessible X Provides clear visual supervision X Telephone accessible X Weapons Locker (3.12) External to the security area and equipped with X individual compartments, locks and keys Temporary Staging Cell or Room (2.3) No cells of this type are in the facility. The remainder of the checklist was deleted from 1-91: Added provision for temporary staging cells- this regulation. rooms X Holds inmates classified and segregated per Title 15 § 1050 and § 1053 Sobering Cells (2.4) See additional comments under sobering cell. X LASE updated to reflect the conversion of Contain 20 square feet of floor per inmate cells. Limited to no more than 8 inmates X No smaller than 60 square feet X Contain toilet X Contain washbasin X Contain drinking fountain X 5120 Santa Clara Main Jail II PHY 2023-24 -1 - A381 PHY Type 80 86 88 91.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Partitions or handrails located next to toilet fixture to provide support X Provide easy, unobstructed visual observation X Padding on the floor X Shower-Delousing Room (3.4) Two showers are located in the dress in/out area. Available in reception/booking X Secure Vault or Storage Space (2.1) Available for inmate valuables X Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Safety Cells (2.5) X Contain 48 square feet with one floor dimension at least 6 feet and ceiling height of at least 8 feet Limited to no more than one inmate X Contain flush ring toilet with controls located outside X the cell 5120 Santa Clara Main Jail II PHY 2023-24 - 2 - A381 PHY Type 80 86 88 91.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Padded floor, door and walls X Equipped with variable intensity, security light, X inaccessible to occupant Vertical view panel not more than 4 inches wide and X at least 24 inches long, in or adjacent to the door Provide a food pass with lockable shutter no more than 4 inches high and located at least 30 inches X above the floor Single Occupancy Cells (2.6) Some double cells on the 4th and 5th floors X were remodeled into ADA single cells (2018). Maximum capacity of one inmate Contain a minimum of 60 square feet of floor area in Cells in “South Jail” meet the 1963 physical Type I facilities and 70 square feet in Type II and III X plant requirements. facilities Have a minimum ceiling height of 8 feet Remodel cells on the 4th, 5th, and 7th floors X have ceiling heights of 7’.6”. Contain toilet, washbasin and drinking fountain X Contain a bunk, desk and seat (Desk and seat not Some cells with desks do not have seats. This required in Type I in later, less restrictive 1986 was for cells in the main (newer portion) jail. X standards) Multiple Occupancy Cells (8227) Old South jail was demolished in (2020). 8-86: Deleted provision for multiple occupancy cells X Multiple Occupancy Rooms (8229) No cells of this type are in the facility. The 8-86: Deleted provision for multiple occupancy rooms remainder of the regulation was deleted from X this checklist. Limited to housing persons in Type III and IV facilities and workers in Type I and II facilities Double Occupancy Cells (2.7) 5-88: Added provision for double occupancy cells X Maximum capacity of two inmates Contain a minimum of 60 square feet of floor space in Type I facilities and 70 square feet in Type II and III X facilities Have a minimum ceiling height of 8 feet and one floor X dimension at least 6 feet Contain toilet, washbasin and drinking fountain X Contain 2 bunks, 1 desk and seat (Desk and seat not required in Type I facilities) X Dormitories (2.8) Old jail (south) dorms were demolished in 8-86: Provision for dormitories added 2020. X Contain 50 square feet of floor area per inmate and a minimum of 8 feet ceiling height Be designed for no fewer than 8 and no more than 64 X inmates Facilities having a total rated capacity of 80 inmates or less, may design dormitories for no fewer than 4 X inmates Access to toilets separate from washbasins (ratio 1:8) X and drinking fountains Provide storage space for each inmates' personal items X 5120 Santa Clara Main Jail II PHY 2023-24 - 3 - A381 PHY Type 80 86 88 91.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Dayrooms (2.9) X 8-86: Added requirement for 3 foot wide corridors in front of cells-rooms 35 square feet of floor area per inmate X Contain tables and seating to accommodate the X maximum number of inmates served Access to toilets, washbasins and drinking fountains X Available to all inmates in Type II and III facilities (excluding special use cells) and to workers in Type I X facilities Shower (3.4) X Available on a ratio of 1:16 Lighting (3.6) Sufficient to permit easy reading. Night lighting is sufficient to allow good supervision. X 8-86: Specifies at least 20 foot-candles at desk level and in grooming areas, with night lighting not to exceed 5 foot-candles Beds-Bunks (3.5) X 30 inches wide and 76 inches long Comfortable Living Environment [102(c)6] A comfortable living environment is maintained X through an adequate heating and cooling system. Exercise Area -Type II, III and WA IV (2.10) X At least one exercise area must contain a minimum of 900 square feet 8-86: Outdoor exercise area provided X 8-86: Clear height of 15 feet with required surface area meeting a formula of: 80% of maximum X rated inmate population and number of one-hour exercise periods per day = required surface area Program Space - Type II and III (2.11) Sufficient area and furnishings to meet the needs of X the facility programs Dining Facilities (2.17) X 15 square feet per inmate being fed Toilets, washbasins and showers are not in the same room or not in view of inmate dining X Visiting (2.18) X Sufficient visiting area Contact visits whenever possible for minimum security inmates X 5120 Santa Clara Main Jail II PHY 2023-24 - 4 - A381 PHY Type 80 86 88 91.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Attorney Interviews (2.26) X Provide for confidential attorney consultation Safety Equipment Storage (2.19) Adequate space is provided for storage of equipment X such as fire extinguishers, SCBA, emergency lights, etc. Janitor Closet (2.20) Each floor and each Mod has closet space. Located in security areas lockable, containing a mop X sink and storage space Storage Rooms (2.21) Sufficient space to accommodate inmate property, X bedding and supplies Audio or Video Monitoring System -NA Type IV (2.22) X Audio monitoring system capable of alerting staff in a central control Video monitoring in corridors, main entries and/or exits and programs or activity areas X Fire Detection and Alarm System [102(c)6] X Automatic fire alarm system capable of alerting staff in a central control point Emergency Power (2.24) Available to provide minimal lighting, maintain X communications, alarm, fire, life and security systems Provide Space for: Barber/beauty shop(2.15) X 8-86: Limit requirement to Type II and III facilities (Deleted 2/99) Canteen (2.16) X 8-86: Added for II, III & IV facilities Confidential Interview Rooms (2.25) 8-86: Added for Type II facilities X 5120 Santa Clara Main Jail II PHY 2023-24 - 5 - A381 PHY Type 80 86 88 91.dot (9/98) TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5140 FACILITY NAME: ELMWOOD COMPLEX – MEN’S FACILITY FACILITY TYPE: II PERSON(S) INTERVIEWED: CAPTAIN RITA ROLAND, LIEUTENANT RUTH COTE, CAPTAIN MICHELLE ASBAN, SERGEANT ERICA BRAVO AND DEPUTY PALARCA FIELD REPRESENTATIVE: MATTHEW SCHULER DATE: DECEMBER 14, 2023 TITLE 15 SECTION P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 The BSCC Standards and Training for Corrections (STC) division found the agency in compliance with applicable (a) In addition to the provisions of California Penal Code Section regulations during the 23-24 compliance monitoring cycle. 831.5, all custodial personnel of a Type I, II, III, or IV facility shall successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING Prior to assuming supervisory duties, jail supervisors shall complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1025 CONTINUING PROFESSIONAL TRAINING With the exception of any year that a core training module is successfully completed, all facility/system administrators, managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 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. 2 For STC participating agencies, consistency with training sections 1020, 1021, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 1 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL SCCDM 1.25 – Staffing SCCDM 9.39 – Inmate Supervision 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. Whenever there is a person in custody, there shall be at SCCDM 1.25 – Staffing least one employee on duty at all times in a local SCCDM 9.39 – Inmate Supervision detention facility or in the building which houses a local ☒ ☐ ☐ detention facility who shall be immediately available and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties which SCCDM 1.25 – Staffing would conflict with the supervision and care of ☒ ☐ ☐ SCCDM 9.39 – Inmate Supervision incarcerated people in the event of an emergency. Whenever one or more females are in custody, there SCCDM 1.25 – Staffing shall be at least one female employee who shall be SCCDM 9.39 – Inmate Supervision immediately available and accessible to such females. ☒ ☐ ☐ Policy states “At least one female employee Note: Reference PC § 4021. available and accessible whenever there is a female in custody.” In order to determine if there is a sufficient number of SCCDM 1.25 – Staffing personnel for a specific facility, the facility administrator SCCDM 9.39 – Inmate Supervision shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a ☒ ☐ ☐ staffing plan shall be reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS SCCDM 9.39 – Inmate Supervision The facility administrator shall develop and implement policy and procedures for conducting safety checks that include, but are not limited to, the following: ☒ ☐ ☐ (a) Safety checks will determine the safety and well- being of individuals and shall be conducted at least hourly through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse SCCDM 9.39 – Inmate Supervision between safety checks. Policy states “Staff will observe inmates at ☒ ☐ ☐ least once every 60 minutes or more frequently when warranted in special instances or selected housing units.” (c) Safety checks for people in sobering cells, safety SCCDM 9.39 – Inmate Supervision cells, and restraints shall occur more frequently as ☒ ☐ ☐ outlined in section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied SCCDM 9.39 – Inmate Supervision intervals. ☒ ☐ ☐ 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 2 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) There shall be a written plan that includes the SCCDM 9.39 – Inmate Supervision documentation of all safety checks. Documentation shall include: BSCC staff reviewed a random sampling of (1) the actual time at which each individual safety ☒ ☐ ☐ safety check documents for Elmwood Men’s check occurred; Facility from January 2023 through October 2023. The documentation appeared to be compliant with this regulation. (2) the location where each individual safety check SCCDM 9.39 – Inmate Supervision occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff SCCDM 9.39 – Inmate Supervision ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are SCCDM 9.39 – Inmate Supervision reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF SCCDM 1031 – Fire Prevention/Inspections Whenever there is a person in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the Board for general fire and life safety. [Penal Code section 6030(c)]. The facility manager shall ensure that there is at least one SCCDM 1031 – Fire Prevention/Inspections person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL3 Santa Clara County Department of Corrections Policy and Procedures Manual Facility administrator(s) shall develop and publish a (SCCDM) 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 Policy states “All department policies shall be two years. Such a manual shall be made available to all ☒ ☐ ☐ reviewed not less than once a year. The employees. Professional Compliance and Audit Unit will establish an annual schedule identifying Notes: The policies and procedures required in policies to be reviewed during a specific subsections (a)(6) and (a)(7) may be placed in a separate month.” manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. Policy was reviewed and updated in 2022. Compliant with this regulation. (a) The manual for Temporary Holding, Type I, II, and III SCCDM 1.07- Organizational Chart facilities shall provide for, but not be limited to, the SCCDM 1.09 – Chain of Command following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility SCCDM 1.29 – Watch Commander administrator/manager. ☒ ☐ ☐ Duties/Notifications to Executive Management 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 3 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3)Policy on the use of force that meets current state SCCDM 9.01 – Use of Force and Restraints and federal legal requirements and includes prohibition of the use of carotid restraint and choke ☒ ☐ ☐ Policy states in part that prohibited holds. techniques include carotid restraint and choke holds. (4)Policy on the use of restraint equipment, including SCCDM 9.01 – Use of Force and Restraints the restraint of pregnant persons as referenced in ☒ ☐ ☐ SCCDM 9.01H – Use of Restraints for Penal Code Section 3407. Pregnant Inmates (5) Procedure and criteria for screening newly SCCDM 11.15 – Misdemeanor Citation received persons for release. ☒ ☐ ☐ Releases SCCDM 11.31 – Inmate Release (6)Security and control including physical counts and SCCDM 9.33 – Inmate Counts searches of the facility and incarcerated persons, SCCDM 9.39 – Inmate Supervision contraband control, and key control. Each facility administrator shall, at least annually, Security Checks are conducted by staff at the review, evaluate, and make a record of security ☒ ☐ ☐ beginning of each shift and at 2300 hours measures. The review and evaluation shall include each day. internal and external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7)Emergency procedures include: SCCDM 10.01 – Management of Emergency (A) fire suppression preplan as required by ☒ ☐ ☐ Plans section 1032 of these regulations; SCCDM 1031 – Fire Prevention/Inspections (B) escape, disturbances, and the taking of SCCDM 10.11 - Escapes ☒ ☐ ☐ hostages; (C)mass arrests; ☒ ☐ ☐ SCCDM 10.15 – Mass Arrests (D)natural disasters; SCCDM 10.05 – Natural Disasters – Earthquakes ☒ ☐ ☐ SCCDM 10.09 – Emergency Evacuation SCCDM 10.49 – Catastrophic Disaster Incident Plan (E) periodic testing of emergency equipment; SCCDM 9.19 – Armory Operations and ☒ ☐ ☐ and, Security Equipment (F) storage, issue, and use of weapons, SCCDM 9.19 – Armory Operations and ammunition, chemical agents, and related ☒ ☐ ☐ Security Equipment security devices. SCCDM 9.25 – Use of Less Lethal Munitions (8)Suicide Prevention. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (9)Separation of incarcerated persons. SCCDM 13.01 – Classification Policy, Goals, ☒ ☐ ☐ and Objectives SCCDM 13.03 – Administrative Segregation (10)Zero tolerance in the prevention of sexual abuse SCCDM 14.15 – Prison Rape Elimination Act ☒ ☐ ☐ and sexual harassment. (PREA) (11) Policy and procedure to detect, prevent, and SCCDM 14.15 – Prison Rape Elimination Act respond to retaliation against any staff or person after ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for SCCDM 11.31 – Inmate Release ☒ ☐ ☐ incarcerated persons. SCCDM 14.15 – Prison Rape Elimination Act 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 4 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, SCCDM 14.15 – Prison Rape Elimination Act Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: Inmate Orientation Handbook states “All (1) multiple internal ways for incarcerated people to reports of sexual misconduct and the privately report sexual abuse and sexual investigations are deemed confidential. You ☒ ☐ ☐ harassment, retaliation by other incarcerated may also report, in writing, by using the persons or staff for reporting sexual abuse and Grievance process or Medical Request form sexual harassment, and staff neglect or violation of (white card), or a note to the unit officer.” responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, SCCDM 14.15 – Prison Rape Elimination Act family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ BSCC staff noticed PREA postings within the harassment. The method for reporting shall be facility’s lobby, housing units, and publicly posted at the facility. dormitories. 1030 SUICIDE PREVENTION PROGRAM SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility administrator or designee, in conjunction with the health Policy states “All potentially suicidal inmates authority and mental health director, to identify, monitor, will be referred to Mental Health Services. and provide treatment to those incarcerated persons who Any inmates exhibiting suicidal, self- ☒ ☐ ☐ present a suicide risk. destructive, psychotic, or homicidal behavior The program shall include the following: will be moved to a readily observable area, and placed on a suicide watch. Correctional staff shall immediately complete a Med/Psych Referral form and document welfare checks at least every fifteen (15) minutes on an Inmate Observation Record.” (a) Annual suicide prevention training for all custodial SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ personnel. SCCDM 12.05 – Suicide Prevention (b) Intake screening for suicide risk immediately upon SCCDM 12.03 – Mental Health Services intake and prior to housing assignment. SCCDM 12.05 – Suicide Prevention Policy states “During the Intake process, the inmates shall be medically screened and ☒ ☐ ☐ shall be referred to Mental Health if there is an indication of any suicidal, self-destructive, psychotic, homicidal behavior, or a history of suicide attempts. All inmates are screened when they are booked in at the Main Jail.” (c) Suicide prevention screening during special SCCDM 12.03 – Mental Health Services situations, including placement in restrictive housing, SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among SCCDM 12.03 – Mental Health Services arresting/transporting officers, facility staff, court staff, SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ medical and mental health personnel in relation to suicide risk. (e) Housing recommendations for people at risk of SCCDM 12.03 – Mental Health Services suicide that balance safety and environment. The least ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention restrictive environment should be considered. (f) Supervision depending on level of suicide risk. SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (g) Suicide attempt and suicide intervention policies and SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ procedures. SCCDM 12.05 – Suicide Prevention 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 5 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (h) Provisions for reporting suicides and suicides SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ attempts. SCCDM 12.05 – Suicide Prevention (i) Multi-disciplinary administrative review of suicides and SCCDM 12.03 – Mental Health Services attempted suicides as defined by the facility SCCDM 12.05 – Suicide Prevention administrator, including the development of a corrective ☒ ☐ ☐ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (k) Plan for mental health consultation following return SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ from court as determined by the mental health director. SCCDM 12.05 – Suicide Prevention 1032 FIRE SUPPRESSION PREPLANNING SCCDM 10.03 – Fire Response Plan SCCDM 10.31 – Fire Prevention/Inspections 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 SCCDM 10.03 – Fire Response Plan fire department to be included as part of the policy and SCCDM 10.31 – Fire Prevention/Inspections ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff SCCDM 10.03 – Fire Response Plan with two-year retention of the inspection record; SCCDM 10.31 – Fire Prevention/Inspections BSCC staff reviewed the monthly fire and life safety inspection documentation. The ☒ ☐ ☐ facilities maintain facility-specific fire suppression pre-plans and emergency operations manuals that were developed in cooperation with the local fire authority. (c) fire prevention inspections as required by Health and SCCDM 10.03 – Fire Response Plan Safety Code Section 13146.1(a) and (b) which requires SCCDM 10.31 – Fire Prevention/Inspections ☒ ☐ ☐ inspections at least once every two years; The date of last fire inspection: 3/23/2022. (d) an evacuation plan; and, SCCDM 10.03 – Fire Response Plan ☒ ☐ ☐ SCCDM 10.31 – Fire Prevention/Inspections (e) a plan for the emergency housing of incarcerated SCCDM 10.03 – Fire Response Plan ☒ ☐ ☐ people in the case of fire. SCCDM 10.31 – Fire Prevention/Inspections 1040 POPULATION ACCOUNTING SCCDM 1.51 – Data Classification and Control Each facility administrator shall maintain a demographics SCCDM 5.01 – Network System/CLARAnet ☒ ☐ ☐ accounting system which reflects the monthly average SCCDM 7.03 – Case Record Management daily population of sentenced and non-sentenced people by gender and juvenile status. Facility administrators shall provide the Board with SCCDM 1.51 – Data Classification and applicable demographic information as described in the Control Jail Profile Survey. SCCDM 1.61 – Records Retention, ☒ ☐ ☐ Maintenance, and Destruction SCCDM 5.01 – Network System/CLARAnet SCCDM 7.03 – Case Record Management 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 6 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1041 RECORDS SCCDM 1.51 – Data Classification and Control (a) Each facility administrator of a Type I, II, III or IV SCCDM 1.61 – Records Retention, facility shall develop written policies and procedures for Maintenance, and Destruction the maintenance of individual records for each SCCDM 5.01 – Network System/CLARAnet incarcerated person which shall include, but not be ☒ ☐ ☐ SCCDM 7.03 – Case Record Management limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, SCCDM 1.51 – Data Classification and uniform data for every allegation of sexual abuse at Control facilities under its direct control and from other facilities SCCDM 1.61 – Records Retention, with which it contracts for the confinement of its Maintenance, and Destruction incarcerated people. The data collected shall include, at ☒ ☐ ☐ SCCDM 5.01 – Network System/CLARAnet a minimum, the data necessary to satisfy the reporting SCCDM 7.03 – Case Record Management requirements of 34 U.S.C. section 30303(a)(1). SCCDM 14.15 – Prison Rape Elimination Act Note: federal survey on sexual violence. 1044 INCIDENT REPORTS SCCDM 9.27 – Reporting of Incidents SCCDM 14.15 – Prison Rape Elimination Act 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 incarcerated person of a detention facility or other person. Such records shall include the names of the persons SCCDM 9.27 – Reporting of Incidents involved, a description of the incident, the actions taken, SCCDM 14.15 – Prison Rape Elimination Act and the date and time of the occurrence. BSCC staff reviewed a random sampling of ☒ ☐ ☐ Incident reports from the Elmwood Men’s Facility from January 2023 through October 2023. The documentation appeared to be compliant with this regulation. Such a written record shall be prepared by the staff SCCDM 9.27 – Reporting of Incidents assigned to investigate the incident and submitted to the ☒ ☐ ☐ SCCDM 14.15 – Prison Rape Elimination Act facility manager or designee. 1045 PUBLIC INFORMATION PLAN SCCDM 1.41 – News Media Relations/Public Information Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the ☒ ☐ ☐ dissemination of information to the public, to other government agencies, and to the news media. The public and incarcerated persons shall have available for review the following material: (a) The Board of State and Community Corrections A copy of the regulations is located in the Minimum Standards for Local Detention Facilities as ☒ ☐ ☐ lobby of each of the facilities. found in Title 15 of the California Code of Regulations. (b) Facility rules and procedures affecting incarcerated SCCDM 1.41 – News Media Relations/Public people as specified in sections: ☒ ☐ ☐ Information (1) 1045, Public Information Plan (2) 1061, Education Plan SCCDM 18.03 – Education Programs and ☒ ☐ ☐ Services (3) 1062, Visiting SCCDM 17.01 – Inmate Social Visiting ☒ ☐ ☐ SCCDM 17.03 – Inmate Hospital Visits 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 7 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) 1063, Correspondence ☒ ☐ ☐ SCCDM 17.13 – Inmate Correspondence (5) 1064, Library Service ☒ ☐ ☐ SCCDM 18.05 – Library Services (6) 1065, Exercise and Out of Cell Time ☒ ☐ ☐ SCCDM 18.07 – Exercise and Recreation (7) 1066, Books, Newspapers, Periodicals and SCCDM 17.13 – Inmate Correspondence ☒ ☐ ☐ Writings (8) 1067, Access to Telephone SCCDM 17.07 – Inmate Access to ☒ ☐ ☐ Telephones and Telecommunication Devices (9) 1068, Access to Courts and Counsel SCCDM 14.01 – Legal Rights of Inmates ☒ ☐ ☐ SCCDM 17.11- Inmate Attorney and Official Visits (10) 1069, Orientation ☒ ☐ ☐ Inmate Orientation Handbook (11) 1070, Individual/Family Service Programs SCCDM 18.03 – Education Programs and ☒ ☐ ☐ Services SCCDM 18.11 – Social Services (12) 1071, Voting ☒ ☐ ☐ SCCDM 14.11 - Voting (13) 1072, Religious Observance SCCDM 18.09 – Religious Programs and ☒ ☐ ☐ Services (14) 1073, Grievance Procedure ☒ ☐ ☐ SCCDM 14.05 – Inmate Grievances Process (15) 1080, Rules and Disciplinary Actions SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (16) 1081, Plan for Discipline of Incarcerated SCCDM 13.15 – Disciplinary Housing Persons ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (17) 1082, Forms of Discipline SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (18) 1083, Limitations on Discipline SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (19) 1200, Responsibility for Health Care Services SCCDM 12.01 – Medical Health Care ☒ ☐ ☐ Services 1046 DEATH IN CUSTODY SCCDM 12.09 – Inmate Deaths (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ensure that there is an initial review of ☒ ☐ ☐ every in-custody death within 30 days. The review team at a minimum shall include the facility administrator or designee, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the SCCDM 12.09 – Inmate Deaths appropriateness of clinical care; whether changes to ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 8 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b)Death of a Minor SCCDM 12.09 – Inmate Deaths In any case in which a minor dies while detained in a jail, SCCDM 13.13 – Juvenile Inmates lockup, or court holding facility: (1) The administrator of the facility shall provide to ☐ ☐ ☒ the Board a copy of the report submitted to the Juveniles are not held in this facility. 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 SCCDM 12.09 – Inmate Deaths the administrator, the Board may within 30 calendar SCCDM 13.13 – Juvenile Inmates 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 Juveniles are not held in this facility. limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN SCCDM 13.01 – Classification Policy, Goals, and Objectives (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 “A system designed to properly incarcerated persons to housing units and activities assign inmates to housing units and activities according to the categories of gender identity, age, according to the categories of sex/gender, criminal sophistication, seriousness of crime charged, age, criminal sophistication, seriousness of physical or mental health needs, assaultive/non- crime charged, physical or mental health assaultive behavior, risk of being sexually abused, or needs, assaultive/non-assaultive behavior sexually harassed and other criteria which will provide for ☒ ☐ ☐ and other criteria which will provide for the the safety of the incarcerated people and staff. Such safety of the inmates and staff.” housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall establish SCCDM 13.01 – Classification Policy, Goals, and implement a classification system which will include and Objectives the use of classification officers or a classification committee in order to properly assign incarcerated Policy states “The Classification Plan persons to housing, work, rehabilitation programs, and provides a systematic method for assessing leisure activities. Such a plan shall include the use of as and classifying inmates based upon objective much information as is available about and from the criteria. The Classification Plan provides for a incarcerated person and shall provide for a channel of ☒ ☐ ☐ system to determine the level of security appeal by the incarcerated person to the facility required, housing assignment, and administrator or designee. Each person may request a participation in correctional programs.” review of their classification plan no more often than 30 days from their last review. Note: Subsection (b) does not apply and has been deleted. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 9 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding housing and programming assignments, SCCDM 13.01 – Classification Policy, Goals, the agency shall consider on a case-by-case basis and Objectives whether a placement would ensure the health and safety of the incarcerated person, and whether the placement Policy states “Classification shall be would present management or security problems. A administered equitably and consistently, ☒ ☐ ☐ person’s own views with respect to their own safety shall without discrimination against any individual be given serious consideration. based on sex/gender, race, color, creed, culture, religion, background, physical impairments, sexual orientation, or national origin.” 1051 COMMUNICABLE DISEASES SCCDM 11.01 – Arrestee Admission for Booking The facility administrator, in cooperation with the SCCDM 11.05 – Use of Sobering Cells. responsible physician, shall develop written policies and ☒ ☐ ☐ Holding Cells, and Intake Lobby Chairs procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be SCCDM 11.01 – Arrestee Admission for made of the person being booked as to whether the Booking person has or has had any communicable diseases, such SCCDM 11.05 – Use of Sobering Cells. as tuberculosis or has observable symptoms of Holding Cells, and Intake Lobby Chairs tuberculosis or any other communicable diseases, or ☒ ☐ ☐ other special medical problem identified by the health Policy states “Persons who have or are authority. The response shall be noted on the medical suspected of a having a communicable screening from. disease will be segregated from other persons and placed in a Holding Cell alone pending direction from medical staff.” 1052 BEHAVIORAL CRISIS IDENTIFICATION SCCDM 11.01 – Arrestee Admission for Booking The facility administrator, in cooperation with the SCCDM 12.03 – Mental Health Services responsible physician, shall develop written policies and SCCDM 12.05 – Suicide Prevention procedures to identify and evaluate all incarcerated people who may be in behavioral crisis. Evaluation of The Main Jail has an Acute Psychiatric Care behavioral crisis may include telehealth. Unit. ☒ ☐ ☐ Incarcerated individual mental health referrals will be made in accordance with the Department’s medical screening policy. In addition, Booking/Intake staff will be responsible for initiating a mental health referral for any arrestee who displays behavior consistent with psychological problems or is known to have a history of psychological problems. If an evaluation from medical or mental health staff is not SCCDM 11.01 – Arrestee Admission for readily available, an incarcerated person shall be Booking considered in behavioral crisis for the purpose of this ☒ ☐ ☐ SCCDM 12.03 – Mental Health Services section if they appear to be a danger to themselves or SCCDM 12.05 – Suicide Prevention others or appear gravely disabled. An evaluation from medical or mental health staff shall be SCCDM 11.01 – Arrestee Admission for secured within 24 hours of identification or at the next Booking ☒ ☐ ☐ daily sick call, whichever is earliest. SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention Separation may be used if necessary, to protect the SCCDM 11.01 – Arrestee Admission for safety of the person in crisis or others. Booking ☒ ☐ ☐ SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 10 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEPARATION SCCDM 13.01 – Classification Policy, Goals, and Objectives Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ SCCDM 13.03 – Administrative Segregation develop and implement policies and procedures for the administrative separation of incarcerated people. Policies and procedures must include: SCCDM 13.01 – Classification Policy, Goals, (a) Administrative separation may consist of separate and Objectives housing but shall not involve any other deprivation of SCCDM 13.03 – Administrative Segregation privileges than is necessary to obtain the objective of protecting the welfare of incarcerated people and facility Policy states “Administrative Segregation is staff. not a punitive system. This type of ☒ ☐ ☐ segregation is not imposed as a punishment for specific acts. It should not incorporate any unnecessary restrictions or deprivations of privileges, except where required to maintain levels of safety and security within the facility.” (b) Administrative separation must not adversely affect SCCDM 13.01 – Classification Policy, Goals, an incarcerated person’s health. ☒ ☐ ☐ and Objectives SCCDM 13.03 – Administrative Segregation (c) Administrative separation may be used for SCCDM 13.01 – Classification Policy, Goals, incarcerated people who have: and Objectives (1)A documented history of activity or behavior, or SCCDM 13.03 – Administrative Segregation promoting such activity or behavior, that is criminal in nature, disruptive to facility operations, or affects the safety of the facility, other incarcerated people, and BSCC staff reviewed Administrative facility staff. Separation placements for the Elmwood (2)Influenced or participated in activity that is Men’s Facility from January 2023 through criminal in nature, disruptive to facility operations or October 2023. The documentation appeared ☒ ☐ ☐ affects the safety of the facility, other incarcerated to be thorough and complete. The people, and facility staff. documentation appeared to be compliant with (3)Committed assault, attempted assault, or this regulation. participated in a conspiracy to assault or harm other incarcerated persons or facility staff. (4)A history of escape or have recently attempted escape. (5) A demonstrated need for protection from other incarcerated people. (d) Documentation indicating the necessity of SCCDM 13.01 – Classification Policy, Goals, administrative separation to obtain the objective of and Objectives ☒ ☐ ☐ protecting the welfare of incarcerated people and facility SCCDM 13.03 – Administrative Segregation staff. (e) A documented individualized ongoing review and SCCDM 13.01 – Classification Policy, Goals, evaluation of the need to continue placement in ☒ ☐ ☐ and Objectives administrative separation. SCCDM 13.03 – Administrative Segregation 1055 USE OF SAFETY CELL SCCDM 9.47 – Use of Safety Cell 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 SCCDM 9.47 – Use of Safety Cell 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: 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 11 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) In no case shall the safety cell be used for punishment SCCDM 9.47 – Use of Safety Cell or as a substitute for treatment. Policy states “The Safety Cell shall not be ☒ ☐ ☐ used to punish, discipline or retaliate; as a substitute for treatment; or any longer than necessary.” (b) A person shall be placed in a safety cell only with the SCCDM 9.47 – Use of Safety Cell approval of the facility manager or designee, or responsible health care staff; continued retention shall be Approval from a supervisor is required before reviewed a minimum of every four hours. an inmate is placed in the safety cell. The ☒ ☐ ☐ Watch Commander shall be notified as soon as practical after the safety cell is used and shall determine whether to continue the use of the safety cell (c) A medical assessment shall be completed as soon as SCCDM 9.47 – Use of Safety Cell 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 Policy states “Medical staff must assess the advanced treatment, or removal from the safety cell a inmate at the time of placement into a Safety minimum of every 24 hours thereafter. Cell and directly observe the inmate once every hour thereafter. In the event an inmate ☒ ☐ ☐ is confined in the Safety Cell for 24 hours (or anytime within that period staff feels it is required) he/she must be evaluated by a medical staff supervisor or doctor regardless of any other prior exam conducted. The inmate shall be medically cleared for continued retention every 24 hours thereafter.” (d) The facility manager, designee or responsible health SCCDM 9.47 – Use of Safety Cell 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 SCCDM 9.47 – Use of Safety Cell twice every 30 minutes, with no more than a 15-minute lapse between safety checks. Such observation shall be Policy states “An officer must directly observe documented. the inmate a minimum of 4 times per hour with such observation at least 10 minutes apart.” ☒ ☐ ☐ BSCC staff reviewed a random sampling of Safety Cell Placement reports for the Elmwood Men’s Facility from January 2023 through October 2023. The documentation appeared to be compliant with this regulation. (f) Procedures shall be established to assure SCCDM 9.47 – Use of Safety Cell ☒ ☐ ☐ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to SCCDM 9.47 – Use of Safety Cell 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. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 12 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL SCCDM 11.05 – Use of Sobering Cells, Holding Cells, and Intake Lobby Chairs. The sobering cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.4, shall be used for temporary holding of incarcerated people who are a threat to their own safety The Elmwood Men’s facility does not have or the safety of others due to their state of intoxication. sobering cells. A person shall be removed from the sobering cell as soon SCCDM 11.05 – Use of Sobering Cells, as they are able to continue the admission process or are ☐ ☐ ☒ Holding Cells, and Intake Lobby Chairs no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over SCCDM 11.05 – Use of Sobering Cells, six hours without an evaluation by medical or custody Holding Cells, and Intake Lobby Chairs staff to determine whether the person has an urgent ☐ ☐ ☒ medical problem, pursuant to section 1213 of these regulations. At 12 hours from the time of placement, all persons must SCCDM 11.05 – Use of Sobering Cells, receive an evaluation by responsible health care staff. Holding Cells, and Intake Lobby Chairs ☐ ☐ ☒ Intermittent direct visual observation of people held in the SCCDM 11.05 – Use of Sobering Cells, sobering cell shall be conducted no less than every half ☐ ☐ ☒ Holding Cells, and Intake Lobby Chairs hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES SCCDM 11.03 – Medical Screening at Intake SCCDM 12.01 – Medical Health Care The facility administrator, in cooperation with the Services responsible physician, shall develop written policies and SCCDM 12.03 – Mental Health Services procedures for the identification and evaluation, appropriate classification and housing, protection, and Upon entrance into the facility, the nondiscrimination of all incarcerated persons with arresting/transporting officer must escort the ☒ ☐ ☐ developmental disabilities. arrestee to the nurse's station, located at the booking counter, for a medical screening. The intake-booking nurse completes a medical interview and either clears the person to continue with the booking process or refuses acceptance until the person is medically cleared at the hospital. The health authority or designee shall contact the SCCDM 12.01 – Medical Health Care regional center for any incarcerated person suspected or Services confirmed to have a developmental disability for the ☒ ☐ ☐ SCCDM 12.03 – Mental Health Services purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop and implement BSCC staff reviewed a random sampling of written policies and procedures for the use of restraint Restraint Reports for the Elmwood Men’s devices. Restraint devices include any devices which Facility from January 2023 through October immobilize extremities or prevent the incarcerated 2023. The documentation appeared to be person from being ambulatory. The provisions of this compliant with this regulation. section do not apply to the use of handcuffs, shackles, or ☒ ☐ ☐ other restraint devices when used to restrain Policy states “If an inmate exhibits suicidal, incarcerated people for security reasons. The facility self-destructive, psychotic, or homicidal manager may delegate authority to place an incarcerated behavior at the time of intake, the Processing person in restraints to responsible health care staff. Officer shall immediately notify Mental Health Services and complete a Med/Psych Referral form.” 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 13 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) The policy shall address the following areas: SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ (1) acceptable restraint devices; SCCDM 9.01 – Use of Force and Restraints (2) signs or symptoms which should result in SCCDM 12.05 – Suicide Prevention immediate medical/mental health referral; availability SCCDM 9.01 – Use of Force and Restraints of cardiopulmonary resuscitation equipment; Policy states “All straps shall be physically ☒ ☐ ☐ checked to ensure they are properly secured and present no obvious physical signs of circulatory restriction to the inmate's extremities.” (3) protective housing of restrained persons; SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints (4) provision for hydration and sanitation needs; and, SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints Policy states “Inmates secured in the ☒ ☐ ☐ Restraint Chair shall not be denied beverages, or access to a bathroom (unless deemed unsafe and approved by the on- scene supervisor) and any of these occurrences shall be documented.” (5) exercising of extremities. SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints (b) Policy shall also include, but not be limited to, the SCCDM 12.05 – Suicide Prevention following requirements: SCCDM 9.01 – Use of Force and Restraints (1) In no case shall restraints be used for punishment ☒ ☐ ☐ or as a substitute for treatment. Policy states “Staff shall not use safety cells or safety devices to punish, discipline, or retaliate against inmates.” (2) Restraint devices shall only be used on SCCDM 12.05 – Suicide Prevention incarcerated people who display behavior which SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ results in the destruction of property or reveal an intent to cause physical harm to self or others. (3) Restraint devices should be used only when less SCCDM 12.05 – Suicide Prevention restrictive alternatives, including verbal de-escalation SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in SCCDM 12.05 – Suicide Prevention restraints only with the approval of the facility SCCDM 9.01 – Use of Force and Restraints manager, the facility watch commander, or ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ maintained until a medical opinion can be obtained. SCCDM 9.01 – Use of Force and Restraints (6) A medical opinion on placement and retention SCCDM 12.05 – Suicide Prevention shall be secured within one hour from the time of ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints placement. (7) A medical assessment shall be completed within SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ four hours of placement. SCCDM 9.01 – Use of Force and Restraints 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 14 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Continuous direct visual observation shall be SCCDM 12.05 – Suicide Prevention conducted at least twice every 30 minutes to ensure SCCDM 9.01 – Use of Force and Restraints that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated Policy states “At least once every fifteen (15) person. Such observation shall be documented. minutes, staff shall check the inmate and While in restraint devices all incarcerated persons document any comments regarding the shall be housed alone or in a specified housing area health and physical condition of the inmate. which makes provisions to protect the person from ☒ ☐ ☐ All straps shall be physically checked to abuse. ensure they are properly secured and present no obvious physical signs of circulatory restriction to the inmate's extremities. All observations and actions taken shall be documented on the ‘15 Minute Check Observation Log’ and the Daily Logbook.” (9) If the facility manager, or designee, in SCCDM 12.05 – Suicide Prevention consultation with responsible health care staff SCCDM 9.01 – Use of Force and Restraints determines that an incarcerated person cannot be ☒ ☐ ☐ safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use SCCDM 12.05 – Suicide Prevention the restraint device manufacturer’s recommended ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints maximum time limits for placement. (11) All events and information related to the SCCDM 12.05 – Suicide Prevention placement in restraints shall be documented and SCCDM 9.01 – Use of Force and Restraints shall be video recorded unless exigent circumstances prevent staff from doing so. The ☒ ☐ ☐ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop written policies and No female incarcerated individuals are procedures for the use of restraint devices on pregnant housed in the Elmwood Men’s Facility. ☒ ☐ ☐ people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: Policy states “An inmate known to be pregnant or in recovery after delivery shall not be restrained using leg irons, waist chains, or handcuffs behind the back.” (1) An incarcerated person known to be pregnant or SCCDM 12.05 – Suicide Prevention in recovery after delivery or termination of the SCCDM 9.01 – Use of Force and Restraints pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. Policy states “An inmate known to be pregnant or in recovery after delivery shall not be restrained using leg irons, waist chains, or handcuffs behind the body. Pregnant inmates ☒ ☐ ☐ will not be shackled or daisy-chained to other inmates. In situations where the movement/transport of a pregnant inmate requires the use of restraints, handcuffs will be used. The pregnant inmate will be handcuffed in the front so that if she falls, she will be able to break the fall with her hands.” 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 15 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) An incarcerated pregnant person in labor, during SCCDM 12.05 – Suicide Prevention delivery, or in recovery after delivery or termination SCCDM 9.01 – Use of Force and Restraints of the pregnancy, shall not be restrained by the ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (3)Restraints shall be removed when a professional SCCDM 12.05 – Suicide Prevention who is currently responsible for the medical care of SCCDM 9.01 – Use of Force and Restraints 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 SCCDM 12.05 – Suicide Prevention pregnancy, they shall be advised, orally or in writing, SCCDM 9.01 – Use of Force and Restraints of the standards and policies governing incarcerated pregnant people. Policy states “Upon confirmation of an ☒ ☐ ☐ inmate's pregnancy, she shall be advised, orally or in writing, of the standards and policies governing pregnant inmates.” 1059 DNA COLLECTION, USE OF FORCE SCCDM 9.01 – Use of Force and Restraints SCCDM 13.05 – Penal Code 296 Compliance (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including peace officers, may employ reasonable force to ☒ ☐ ☐ collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of SCCDM 9.01 – Use of Force and Restraints reasonable force” shall be defined as the force that SCCDM 13.05 – Penal Code 296 Compliance an objective, trained and competent correctional ☒ ☐ ☐ employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2)The use of reasonable force shall be preceded by SCCDM 9.01 – Use of Force and Restraints efforts to secure voluntary compliance. Efforts to SCCDM 13.05 – Penal Code 296 Compliance secure voluntary compliance shall be documented ☒ ☐ ☐ and include an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written SCCDM 9.01 – Use of Force and Restraints authorization of the facility watch commander or SCCDM 13.05 – Penal Code 296 Compliance designee on duty. The authorization shall include ☒ ☐ ☐ information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell SCCDM 9.01 – Use of Force and Restraints extraction, the extraction shall be videotaped, including SCCDM 13.05 – Penal Code 296 Compliance audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the ☒ ☐ ☐ length of time required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 16 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1061 EDUCATION PROGRAM SCCDM 18.01 – Program’s Unit Goals and Objectives The facility administrator of any Type II or III facility shall ☒ ☐ ☐ SCCDM 18.03 – Educational Programs and plan and shall request of appropriate public officials an Services education program for incarcerated persons. When such services are not made available by the SCCDM 18.01 – Program’s Unit Goals and appropriate public officials, then the facility administrator Objectives ☒ ☐ ☐ shall develop and implement an education program with SCCDM 18.03 – Educational Programs and available resources. Services Such a plan shall provide for the voluntary academic or SCCDM 18.01 – Program’s Unit Goals and vocational, or both, education of housed people. Objectives ☒ ☐ ☐ SCCDM 18.03 – Educational Programs and Services Reasonable criteria for program eligibility shall be SCCDM 18.01 – Program’s Unit Goals and established. Modified academic or vocational Objectives opportunities may be provided based on sound security ☒ ☐ ☐ SCCDM 18.03 – Educational Programs and practices or a person’s failure to abide by facility rules Services and regulations. 1062 VISITING SCCDM 17.01 – Inmate Social Visiting SCCDM 17.03 – Inmate Hospital Visits The facility administrator shall develop and implement SCCDM 17.15 – Video Conferencing and written policies and procedures, which include the Video Visiting following requirements: ☒ ☐ ☐ (a)A visiting program which shall provide for: (1) As many in-person visits and visitors as facility schedules, space, and number of personnel will allow. (2) A publicly posted schedule of facility visiting SCCDM 17.01 – Inmate Social Visiting hours. If practicable, visiting hours should be made SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ available on weekends, evenings, or holidays. SCCDM 17.15 – Video Conferencing and Video Visiting (3)For all incarcerated persons in Type II, III, and IV SCCDM 17.01 – Inmate Social Visiting facilities there shall be allowed no fewer than two SCCDM 17.03 – Inmate Hospital Visits visits totaling at least one hour per incarcerated SCCDM 17.15 – Video Conferencing and person each week. Video Visiting ☒ ☐ ☐ Policy states” Each inmate will be allowed no fewer than two visits totaling at least one hour per week, absent exigent circumstances.” (b) Visits may not be cancelled unless a legitimate SCCDM 17.01 – Inmate Social Visiting operational or safety and security concern exists. All SCCDM 17.03 – Inmate Hospital Visits cancelled visits must be documented. The facility ☒ ☐ ☐ SCCDM 17.15 – Video Conferencing and manager or designee shall regularly review cancelled Video Visiting visits and document such review. (c) The visiting policies developed pursuant to this SCCDM 17.01 – Inmate Social Visiting section shall include provision for visitation by minor SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ children of the incarcerated person. SCCDM 17.15 – Video Conferencing and Video Visiting (d) Video visitation may be used to supplement existing SCCDM 17.01 – Inmate Social Visiting visitation programs, but shall not be used to fulfill the SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ requirements of this section if in-person visitation is SCCDM 17.15 – Video Conferencing and requested by an incarcerated person. Video Visiting (e) Facilities shall not charge for visitation when visitors SCCDM 17.01 – Inmate Social Visiting are onsite and participating in either in-person or video SCCDM 17.03 – Inmate Hospital Visits visitation. For purposes of this subsection, “onsite” is ☒ ☐ ☐ SCCDM 17.15 – Video Conferencing and defined as the location where the incarcerated person is Video Visiting housed. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 17 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (f) Subdivision (d) shall not apply to facilities which (1) SCCDM 17.01 – Inmate Social Visiting exclusively used video visitation prior to January 1, 2017 SCCDM 17.03 – Inmate Hospital Visits or (2) had been designed without in-person visitation ☒ ☐ ☐ SCCDM 17.15 – Video Conferencing and space and conditionally awarded by the Board prior to Video Visiting June 27, 2017. (g) If a local detention facility offered video visitation only SCCDM 17.01 – Inmate Social Visiting as of January 1, 2017, the first hour of remote video SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ visitation per week shall be offered free of charge. SCCDM 17.15 – Video Conferencing and Video Visiting Types and availability of visitation, including: Note: Reference PC § 6031.1(a)(4) (June 2017). Mode of visitation; In-person, non-contact, and video visitation at the Main Adult and Elmwood Facilities Visitation hours; Visiting Days: Monday through Sunday (excluding Wednesday) Hours: Monday, Tuesday, Thursday, and Friday: • 0810 • 0920 • 1030 • 1400 • 1510 • 1620 Saturday and Sunday: • 0700 • 0810 • 0920 • 1030 • 1400 • 1510 • 1620 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 18 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Time inmates are allowed for visitation; and, The Main Jail and the Elmwood Correctional Facility utilize the same Online Visitor Registration (OVR) system. Therefore, your already established visiting account can be used to schedule visits at either facility. See Visiting registration below. Visiting rules vary slightly from the Elmwood Correctional Facility. Rules are posted at each facility. Visitors should educate themselves about the jail facility’s rules. Visits are accommodated on a first-come, first-served basis via the visiting OVR system. Visits may be canceled without prior notice due to facility emergencies or when an inmate has been relocated to another housing unit. If relocation occurs, visitors may reschedule another visit via the OVR system. Inmates may have two 60-minute visits per week. Up to two (2) adults may visit. Each adult will receive a 30-minute visit. Children – must be biologically related to the adult visitor or the inmate. A reasonable number of children may visit as long as they are constantly supervised and remain well- behaved. An original and/or notarized birth certificate is required for each child at the time of each visit. Children who are 18 years or older will be counted as adults and must have their account/register in the OVR system. Visitors must check in 30 minutes before the scheduled visit. Adult visitors are required to present valid government-issued picture I.D. photo identification, (Driver’s License, Green Card, Passport, Military I.D., or Mexican Consulate Card). ***The person registered in OVR must present the ID used to register. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 19 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Any restrictions on inmate visitation. A visitor who falsifies identifying information will be suspended or barred from the facility for a period of time determined by the Facility Commander or their designee (California Penal Code 4507.5). If a visitor is late, the visit will be canceled. Missing or canceling a scheduled visit counts as having a visit All visitors must wear shoes and clothing that are appropriate for visiting. Your visit will be canceled and you will be denied entry into the facility if these rules are not followed. Any questions or clarification of these rules must be directed to the Information Desk Officer 1063 CORRESPONDENCE SCCDM 17.13 – Inmate Correspondence SCCDM 14.01 – Legal Rights of Inmates The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for correspondence which provide that: (a) there is no limitation on the volume of mail that an incarcerated person may send or receive; (b) an incarcerated person’s correspondence may be SCCDM 17.13 – Inmate Correspondence read when there is a valid security reason and the facility ☒ ☐ ☐ SCCDM 14.01 – Legal Rights of Inmates manager or designee approves; (c) jail staff shall not review an incarcerated person’s SCCDM 17.13 – Inmate Correspondence correspondence to or from state and federal courts, any SCCDM 14.01 – Legal Rights of Inmates member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may open and inspect such mail ☒ ☐ ☐ Policy states “Correspondence will be only to search for contraband, cash, checks, or money permitted between inmates and counsel, orders and in the presence of the incarcerated person; when properly identified as such, without any review by staff other than inspection for contraband.” (d) incarcerated persons may correspond, confidentially, SCCDM 17.13 – Inmate Correspondence ☒ ☐ ☐ with the facility manager or the facility administrator; and, SCCDM 14.01 – Legal Rights of Inmates (e) those incarcerated persons who are without funds SCCDM 17.13 – Inmate Correspondence shall be permitted at least four postage paid envelopes SCCDM 14.01 – Legal Rights of Inmates and eight sheets of paper each week to permit correspondence with family members and friends but ☒ ☐ ☐ without limitation on the number of postage paid envelopes and sheets of paper to their attorney and to the courts. 1064 LIBRARY SERVICES SCCDM 18.05 – Library Services The facility administrator shall develop written policies and procedures for library service in all Type II, III, and IV facilities. The scope of such service shall be determined by the facility administrator. The library service shall ☒ ☐ ☐ include access to the following resources via paper documents or through electronic media and include current information on community services and resources, and religious, educational, legal reference material and recreational reading material. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 20 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1065 EXERCISE AND OUT OF CELL TIME SCCDM 18.07 – Exercise and Recreation (a) The facility administrator of a Type II or III facility shall ☒ ☐ ☐ develop written policies and procedures for a minimum of 10 hours of out of cell time distributed over a period of seven days to include: (1) an opportunity for three hours of exercise and ☒ ☐ ☐ SCCDM 18.07 – Exercise and Recreation (2) an opportunity for seven hours of recreation. ☒ ☐ ☐ SCCDM 18.07 – Exercise and Recreation Policies shall include reasonable and necessary SCCDM 18.07 – Exercise and Recreation ☒ ☐ ☐ procedures to ensure safety and security. 1066 BOOKS, NEWSPAPERS, PERIODICALS, AND SCCDM 14.01 -Legal Rights of Inmates WRITINGS SCCDM 17.13 – Inmate Correspondence (a) The facility administrator of a Type II or III facility shall develop written policies and procedures which will permit incarcerated persons to purchase, receive and read any book, newspaper, periodical, or writing accepted for ☒ ☐ ☐ distribution by the United States Postal Service. The facility administrator shall develop and implement a written plan to make available a current newspaper or other like source, including a non-English language alternative, to ensure reasonable access to interested people. Nothing herein shall be construed as limiting the right of a facility administrator to: (1) exclude any publications or writings based on any SCCDM 14.01 -Legal Rights of Inmates ☒ ☐ ☐ legitimate penological interest; SCCDM 17.13 – Inmate Correspondence (2) exclude obscene publications or writings, and SCCDM 14.01 -Legal Rights of Inmates mail containing information concerning where, how, SCCDM 17.13 – Inmate Correspondence or from whom such matter may be obtained; and any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence; any ☒ ☐ ☐ matter of a character tending to incite crimes against children; any matter concerning unlawful gambling or an unlawful lottery; the manufacture or use of weapons, narcotics, or explosives; or any other unlawful activity; (3) open and inspect any publications or packages SCCDM 14.01 -Legal Rights of Inmates ☒ ☐ ☐ received by an incarcerated person; and SCCDM 17.13 – Inmate Correspondence (4) restrict the number of books, newspapers, SCCDM 14.01 -Legal Rights of Inmates periodicals, or writings the incarcerated person may SCCDM 17.13 – Inmate Correspondence ☒ ☐ ☐ have in their cell or elsewhere in the facility at one time. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 21 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE SCCDM 11.01 – Arrestee Admission for Booking The facility administrator shall develop written policies SCCDM 17.05 – Inmate Access to Telephone and procedures which allow access to a telephone or and Telecommunication Devices communication device beyond those telephone calls SCCDM 17.07 – Inmate Telephone which are required by Section 851.5 of the Penal Code. Monitoring System Individuals who are known to have, or are perceived by others as having hearing or speech impairments shall be ☒ ☐ ☐ provided access to the appropriate telecommunication device which will facilitate communication. Such devices may include but are not limited to videophones, teletypewriters, or third-party communications assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESS TO COURTS AND COUNSEL SCCDM 17.11 – Inmate Attorney and Official Visits 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: (a) unlimited mail as provided in Section 1063 of these SCCDM 17.11 – Inmate Attorney and Official ☒ ☐ ☐ regulations, and, Visits (b) confidential consultation with attorneys. SCCDM 17.11 – Inmate Attorney and Official ☒ ☐ ☐ Visits 1069 ORIENTATION SCCDM 11.21 – Inmate Processing and Orientation (a) In Type II, III, and IV facilities, the facility administrator Inmate Orientation and Rule Book shall develop written policies and procedures for the ☒ ☐ ☐ Inmate Orientation Video implementation of a program for people newly admitted to the facility designed to orient them at the time of The video and handbook are provided at each placement in a living area. facility in various languages. Both written and verbal information shall be provided and SCCDM 11.21 – Inmate Processing and may be supplemented with video orientation. Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video Provision shall be made to provide accessible orientation SCCDM 11.21 – Inmate Processing and information to each person, including those with Orientation ☒ ☐ ☐ disabilities, limited literacy, or those with limited English Inmate Orientation and Rule Book proficiency (LEP). Inmate Orientation Video Such a program shall be published and include, but not SCCDM 11.21 – Inmate Processing and be limited to, the following: Orientation ☒ ☐ ☐ (1) correspondence, visiting, and telephone usage Inmate Orientation and Rule Book rules; Inmate Orientation Video (2) rules and disciplinary procedures; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (3) grievance procedures; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (4) programs and activities available and method of SCCDM 11.21 – Inmate Processing and application; Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 22 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (5) medical and mental health services; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (6) classification/housing assignments; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (7) court appearance where scheduled, if known; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (8) voting, including registration; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (9) zero tolerance policy against sexual abuse and SCCDM 11.21 – Inmate Processing and sexual harassment; and, Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (10) availability of personal care items and SCCDM 11.21 – Inmate Processing and opportunities for personal hygiene. Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video 1070 INDIVIDUAL/FAMILY SERVICE PROGRAMS SCCDM 18.01 – Program Unit’s Goals and Objectives The facility administrator of a Type II, III, or IV facility shall SCCDM 18.11 – Social Services develop written policies and procedures which facilitate SCCDM 18.15 – Correctional Industries cooperation with appropriate public or private agencies ☒ ☐ ☐ for individual or family social service programs for incarcerated persons. Such a program shall utilize the services and resources available in the community and may be in the form of a resource guide or actual service delivery. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 23 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The range and source of such services shall be at the SCCDM 18.01 – Program Unit’s Goals and discretion of the facility administrator and may include: Objectives (a) risk and needs assessments; SCCDM 18.11 – Social Services (b) best practices in: SCCDM 18.15 – Correctional Industries (1) individual, group or family counseling; (2) drug and alcohol abuse counseling; (3) cognitive behavioral interventions; Programs at the Elmwood Men’s Facility (4) vocational testing and counseling; include: (5) employment counseling; (6) discharge and reentry planning; • Five Keys (c) referral to community resources and programs; • CIC Ministries (d) reentry planning and service development; • Life Skills – HealthRight360 (e) legal assistance; • Milpitas Adult Education – Process (f) regional center services for the developmentally ☒ ☐ ☐ Addition disabled; and, • Poetry and Journaling Recovery (g) community volunteers. • Goodwill – Breaking the Chains of Trauma • STEPS – Self-Esteem and Co- Dependency • Ohlone College – Digital Media • Evergreen Valley College – Automotive • San Jose City College – Welding • Foothill College – Horticulture and Veterinarian Assistant 1071 VOTING SCCDM 14.11 – Inmate Voting The facility administrator of a Type I (holding sentenced incarcerated workers) II, III or IV facility shall develop ☒ ☐ ☐ written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES SCCDM 18.09 – Religious Programs and Services The facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures to provide ☒ ☐ ☐ opportunities for incarcerated persons to participate in religious services, practices, and counseling on a voluntary basis. 1073 GRIEVANCE PROCEDURE SCCDM 14.05 – Inmate Grievance Process (a) Each administrator of a Type II, III, or IV facility and Type I facilities which hold incarcerated workers shall develop written policies and procedures whereby all BSCC staff reviewed a random sampling of incarcerated persons have the opportunity and ability to grievances for the Elmwood Men’s Facility submit and appeal grievances relating to any conditions from January 2023 through October 2023. of confinement, including but not limited to: medical care; ☒ ☐ ☐ The documentation appeared to be compliant classification actions; disciplinary actions; program with this regulation. participation; telephone, mail, and visiting procedures; and food, clothing, and bedding. While on-site BSCC staff spoke with Such policies and procedures shall include: incarcerated individuals who were able to explain the grievance process and expressed that the process was fair and not delayed in resolving their matter. (1) a grievance form; ☒ ☐ ☐ SCCDM 14.05 – Inmate Grievance Process 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 24 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) instructions for registering and appealing a SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ grievance, including relevant deadlines; (3) a process for submission and handling of SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ anonymous grievances; (4) resolution of the grievance at the lowest SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ appropriate staff level; (5) appeal to the next level of review; SCCDM 14.05 – Inmate Grievance Process Policy states “Inmates may only submit one ☒ ☐ ☐ (1) appeal per grievance. An appeal by an inmate must be submitted within thirty (30) calendar days of receiving the written result or the appeal will be denied.” (6) written reasons for denial of grievance at each SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ level of review which acts on the grievance; (7) provision for a non-automated initial response SCCDM 14.05 – Inmate Grievance Process within a reasonable time limit which shall not exceed a period of 15 calendar days; While on-site BSCC staff spoke with ☒ ☐ ☐ incarcerated individuals who were able to explain the grievance process and expressed that the process was fair and not delayed in resolving their matter. (8) provision for resolving questions of jurisdiction SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ within the facility; (9) provision for providing a copy of the grievance, SCCDM 14.05 – Inmate Grievance Process appeal, response, and related documents to the ☒ ☐ ☐ incarcerated person; and, (10) The facility manager or designee shall conduct SCCDM 14.05 – Inmate Grievance Process regular review of grievances, responses, and ☒ ☐ ☐ appeals. (b) Grievance System Abuse: SCCDM 14.05 – Inmate Grievance Process The facility may establish written policy and procedure to ☒ ☐ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY ACTIONS SCCDM 11.21 – Inmate Processing and Orientation Wherever discipline is administered, each facility SCCDM 13.15 – Disciplinary Housing administrator shall establish written rules and disciplinary SCCDM 15.01 – Inmate Discipline Process actions to guide the conduct of incarcerated persons. ☒ ☐ ☐ Inmate Orientation and Rule Book Notes: If discipline IS NOT administered, written policy should indicate as such. If discipline IS administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply SCCDM 11.21 – Inmate Processing and and affirmatively and posted conspicuously in housing Orientation units and the booking area or issued to each person upon SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ booking. SCCDM 15.01 – Inmate Discipline Process Inmate Orientation and Rule Book For those individuals with limited literacy, who are unable SCCDM 11.21 – Inmate Processing and to read English, and for persons with disabilities, Orientation provision shall be made for the jail staff to instruct them SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ verbally or provide them with material in an SCCDM 15.01 – Inmate Discipline Process understandable form regarding jail rules and disciplinary Inmate Orientation and Rule Book procedures and actions. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 25 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR DISCIPLINE OF INCARCERATED SCCDM 15.01 – Inmate Discipline Process PERSONS Inmate Orientation and Rule Book Each facility administrator shall develop written policies and procedures for discipline of incarcerated persons. The plan shall include, but not be limited to, the following elements: ☒ ☐ ☐ (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules SCCDM 15.01 – Inmate Discipline Process or repetitive minor acts of non-conformance or repetitive Inmate Orientation and Rule Book 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. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book 2. Placement in disciplinary separation. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book 3. Loss of privileges mandated by regulations. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book A staff member with investigative and disciplinary SCCDM 15.01 – Inmate Discipline Process authority shall be designated as a disciplinary officer to Inmate Orientation and Rule Book impose such consequences. Policy states “the hearing officer will be a Sergeant or Lieutenant designated by the Division Captain who attends infraction ☒ ☐ ☐ hearings; reviews charges; completes investigation of facts and when necessary, determines and imposes disciplinary sanctions for inmates who are found to have committed Department, facility, or criminal rule violation.” Staff shall not participate in disciplinary review if they are SCCDM 15.01 – Inmate Discipline Process involved in the charges. ☒ ☐ ☐ Inmate Orientation and Rule Book Such charges pending against an incarcerated person SCCDM 15.01 – Inmate Discipline Process shall be acted on with the following provisions and within Inmate Orientation and Rule Book specified timeframes: ☒ ☐ ☐ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 26 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 2. Unless declined by the incarcerated person, a SCCDM 15.01 – Inmate Discipline Process hearing shall be provided no sooner than 24 hours Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process appear on their own behalf at the time of hearing and Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process hours after an incarcerated person has been ☒ ☐ ☐ Inmate Orientation and Rule Book informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary SCCDM 15.01 – Inmate Discipline Process charges by the disciplinary officer, the charges and Inmate Orientation and Rule Book ☒ ☐ ☐ the action taken shall be reviewed by the facility manager or designee. 6. The incarcerated person shall be advised in a SCCDM 15.01 – Inmate Discipline Process written statement by the fact-finders about the Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process supervisor on all disciplinary action. Inmate Orientation and Rule Book Policy states “All disciplinary actions will be ☒ ☐ ☐ reviewed by the Division Captain or designee who shall not be the Hearing Officer. He or she may affirm, reduce or dismiss discipline but it cannot be increased.” 1082 FORMS OF DISCIPLINE SCCDM 15.01 – Inmate Discipline Process Inmate Orientation and Rule Book The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of BSCC staff reviewed a random sampling of discipline shall consist of, but not be limited to, the discipline reports for the Elmwood Men’s following: Facility from January 2023 through October (a)Loss of privileges. ☒ ☐ ☐ 2023. The documentation appeared to be (b)Extra work detail. compliant with this regulation. (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. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 27 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY ACTIONS SCCDM 15.01 – Inmate Discipline Process Inmate Orientation and Rule Book The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation. ☒ ☐ ☐ Additionally, there shall be the following limitations: (a)Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1)If a person is on disciplinary separation status for SCCDM 15.01 – Inmate Discipline Process 30 consecutive days there shall be a review by the Inmate Orientation and Rule Book facility manager before the disciplinary separation status is continued. This review shall include a Policy states “If an inmate is in Disciplinary consultation with health care staff. Such reviews shall Housing status for 30 consecutive days, the continue at least every fifteen days thereafter until ☒ ☐ ☐ Division Captain shall review the inmate's the disciplinary status has ended. This review shall status before the Disciplinary Housing status be documented. is continued. This review shall include consultation with medical staff and will continue every 15 days thereafter until the disciplinary status has ended.” (2)The disciplinary separation cells or cell shall have SCCDM 15.01 – Inmate Discipline Process the minimum furnishings and space specified in Title Inmate Orientation and Rule Book 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles Policy states “Inmates in Disciplinary Housing 13 and 14 of these regulations and shall not be shall be issued clothing and bedding as deprived of them through any portion of the day specified in Articles 12 and 13 of Title 24 and except that those incarcerated persons who engage shall not be deprived of them through any in the destruction of bedding or clothing may be ☒ ☐ ☐ portion of the day except that those inmates deprived of such articles. The decision to deprive a who engage in the destruction of bedding or person of such articles of clothing and bedding shall clothing may be deprived of such articles. The be reviewed by the facility manager or designee decision to deprive inmates of such articles of during each 24-hour period. clothing and bedding shall be reviewed by the Watch Commander every 24 hours and shall be documented on an employee's report to the Division Captain.” (3) If after placement in separation, mental health or SCCDM 15.01 – Inmate Discipline Process medical staff determine that an individual has serious Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process or group of incarcerated people to exercise the right of Inmate Orientation and Rule Book 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, SCCDM 15.01 – Inmate Discipline Process Part 2, 1231.2.5, or any restraint device be used for ☒ ☐ ☐ Inmate Orientation and Rule Book disciplinary purposes. (d) No incarcerated person may be deprived of the SCCDM 15.01 – Inmate Discipline Process implements necessary to maintain an acceptable level of Inmate Orientation and Rule Book ☒ ☐ ☐ personal hygiene as specified in Section 1265 of these regulations. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 28 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e)Food shall not be withheld as a disciplinary measure. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book (f) Correspondence privileges shall not be withheld SCCDM 15.01 – Inmate Discipline Process except in cases where the incarcerated person has Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process suspended as a disciplinary measure. ☒ ☐ ☐ Inmate Orientation and Rule Book 1084 DISCIPLINARY RECORDS SCCDM 15.01 – Inmate Discipline Process Penal Code Section 4019.5 requires that a record is kept ☒ ☐ ☐ of all disciplinary actions administered therefore. This BSCC staff confirmed that copies of discipline requirement may be satisfied by retaining copies of rule records have been kept in compliance with violation reports and report of the disposition of each. this regulation. 1206.5 MANAGEMENT OF COMMUNICABLE SCCDM 10.37 – Exposure Control Plan for DISEASES IN A CUSTODY SETTING Bloodborne Pathogens (a) The responsible physician, in conjunction with the facility administrator and the county health officer, shall develop a written plan to address the identification, treatment, control and follow-up management of tuberculosis and other communicable diseases. The plan ☒ ☐ ☐ shall cover the intake screening procedures, identification of relevant symptoms, referral for a medical evaluation, treatment responsibilities during incarceration and coordination with public health officials for follow-up treatment in the community. The plan shall reflect the current local incidence of communicable diseases which threaten the health of incarcerated people and staff. (b) Consistent with the above plan, the health authority SCCDM 10.37 – Exposure Control Plan for shall, in cooperation with the facility administrator and the Bloodborne Pathogens county health officer, set forth in writing, policies and procedures in conformance with applicable state and ☒ ☐ ☐ federal law, which include, but are not limited to: (1) The types of communicable diseases to be reported; (2) The persons who shall receive the medical SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ reports; Bloodborne Pathogens (3) Sharing of medical information with incarcerated SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ persons and custody staff; Bloodborne Pathogens (4) Medical procedures required to identify the SCCDM 10.37 – Exposure Control Plan for presence of disease(s) and lessen the risk of ☒ ☐ ☐ Bloodborne Pathogens exposure to others; (5)Medical confidentiality requirements; SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ Bloodborne Pathogens (6) Housing considerations based upon behavior, SCCDM 10.37 – Exposure Control Plan for medical needs, and safety of the affected ☒ ☐ ☐ Bloodborne Pathogens incarcerated persons; (7)Provisions for consent by an incarcerated person SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ that address the limits of confidentiality; and, Bloodborne Pathogens 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 29 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Reporting and appropriate action upon the SCCDM 10.37 – Exposure Control Plan for possible exposure of custody staff to a ☒ ☐ ☐ Bloodborne Pathogens communicable disease. 1211 SICK CALL SCCDM 12.01 – Medical Health Care services The facility administrator, in cooperation with the health authority, shall develop written policies and procedures, ☒ ☐ ☐ which provide daily sick call for all incarcerated persons or provision made that any incarcerated person requesting medical/mental health attention be given such attention. 1240 FREQUENCY OF SERVING SCCDM 8.03 Food Service Safety Compliance In Temporary Holding, Type I, II, and III facilities, and SCCDM 8.07 – Inmate Meals those Type IV facilities where food is served, food shall be served three times in any 24-hour period. At least one of these meals shall include hot food. Supplemental food Policy states “Meals will be served at 0400 ☒ ☐ ☐ must be served to incarcerated persons if more than 14 hours, 1030 hours, and 1600 hours daily and hours pass between evening and morning meals. not earlier. A minimum of fifteen minutes will Additionally, supplemental food must be served to people be allowed for the actual consumption of each on medical diets in less than the time period outlined meal. Serving times are approximate and above, if prescribed by the responsible physician. subject to change due to facility emergencies or exigent circumstances.” A minimum of fifteen minutes shall be allowed for the SCCDM 8.03 Food Service Safety actual consumption of each meal except for those on Compliance ☒ ☐ ☐ medical diets where the responsible physician has SCCDM 8.07 – Inmate Meals prescribed additional time. Provisions shall be made for incarcerated persons who SCCDM 8.03 Food Service Safety may miss a regularly scheduled facility meal. They shall Compliance be provided with a substitute meal and beverage, and on ☒ ☐ ☐ SCCDM 8.07 – Inmate Meals medical diets shall be provided with their prescribed meal. 1260 STANDARD INSITUTIONAL CLOTHING SCCDM 16.03 – Inmate Clothing, Bedding, and Linens The standard issue of climatically suitable clothing to incarcerated people held after arraignment in all but ☒ ☐ ☐ Court Holding, Temporary Holding, and Type IV facilities shall include, but not be limited to: (a)Clean socks and footwear; (b)Clean outergarments; and, SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (c)Clean undergarments; SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (1)For males – shorts and undershirt, and SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (2)For females – bra and two pairs of panties. SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens The person’s personal undergarments and footwear may SCCDM 16.03 – Inmate Clothing, Bedding, be substituted for the institutional undergarments and and Linens footwear specified in this regulation. This option ☒ ☐ ☐ notwithstanding, the facility has the primary responsibility to provide the personal undergarments and footwear. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 30 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS All issued and exchanged clothing shall be clean and free SCCDM 16.03 – Inmate Clothing, Bedding, of holes or tears, reasonably fitted, durable, easily and Linens laundered and repaired. Undergarments shall be clean, free of holes or tears, and substantially free of stains. ☒ ☐ ☐ Individuals shall be able to select the garment type more compatible with their gender identity and gender expression. 1264 CONTROL OF VERMIN IN PERSONAL SCCDM 16.01 – Sanitation Inspections and CLOTHING Housekeeping Plan There shall be written policies and procedures developed by the facility administrator to control contamination ☒ ☐ ☐ and/or spread of vermin in all incarcerated people’s personal clothing. Infested clothing shall be cleaned, disinfected, or stored in a closed container so as to eradicate or stop the spread of vermin. 1265 ISSUE OF PERSONAL CARE ITEMS SCCDM 16.05 – Inmate Hygiene There shall be written policies and procedures developed ☒ ☐ ☐ by the facility administrator for the issue of personal hygiene items. Each menstruating person shall be provided with sanitary SCCDM 16.05 – Inmate Hygiene napkins, panty liners, and tampons as requested with no maximum allowance. While onsite, BSCC staff noticed that the ☒ ☐ ☐ facility was missing panty liners. Staff ordered the missing item and provided it before the inspection was completed. Compliant with this regulation. Each person to be held over 24 hours who is unable to SCCDM 16.05 – Inmate Hygiene supply themself with the following personal care items, because of either indigency or the absence of a canteen, ☒ ☐ ☐ shall be issued: (a)Toothbrush, (b)Dentifrice, ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene (c)Soap, ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene (d)Comb, and ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene (e)Shaving implements. ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene Personal care items shall be issued within the first 12 SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ hours of housing assignment. Incarcerated persons shall not be required to share any SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ personal care items listed in items “a” through “d.” Incarcerated people will not share disposable razors. ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene Double edged safety razors, electric razors, and other SCCDM 16.05 – Inmate Hygiene shaving instruments capable of breaking the skin, when shared among incarcerated people, must be disinfected between individual uses by the method prescribed by the ☒ ☐ ☐ State Board of Barbering and Cosmetology in Sections 979 and 980, Division 9, Title 16, California Code of Regulations. 1266 SHOWERING SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ There shall be written policies and procedures developed by the facility administrator for showering/bathing. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 31 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Incarcerated persons shall be permitted to shower/bathe SCCDM 16.05 – Inmate Hygiene upon assignment to a housing unit and at least every ☒ ☐ ☐ other day or more often if possible. Absent exigent circumstances, no person shall be SCCDM 16.05 – Inmate Hygiene prohibited from showering at least every other day following assignment to a housing unit. If showering is ☒ ☐ ☐ prohibited, it must be approved by the facility manager or designee, and the reason(s) for prohibition shall be documented. 1267 HAIR CARE SERVICES SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ (a) Hair care services shall be available. (b) Except those who may not shave for reasons of SCCDM 16.05 – Inmate Hygiene identification in court, incarcerated people shall be allowed to shave daily and receive hair care services at ☒ ☐ ☐ least once a month. The facility administrator may suspend this requirement in relation to people who are considered to be a danger to themselves or others. (c) Equipment shall be disinfected, after each use, by a SCCDM 16.05 – Inmate Hygiene method approved by the State Board of Barbering and Cosmetology to meet the requirements of Title 16, ☒ ☐ ☐ Division 9, Sections 979 and 980, California Code of Regulations. 1270 STANDARD BEDDING AND LINEN ISSUE SCCDM 16.03 – Inmate Clothing, Bedding, and Linens 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; SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (c) one towel; and, SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (d) one blanket or more depending up on climatic SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ conditions. and Linens Policy and procedure shall require that items (a), (b), and SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ (d) above be provided prior to the first night in the facility. and Linens Two blankets or sleep bag may be issued in place of one SCCDM 16.03 – Inmate Clothing, Bedding, mattress cover or one sheet at the request of the ☒ ☐ ☐ and Linens incarcerated person. 1280 FACILITY SANITATION, SAFETY, AND SCCDM 16.01 – Sanitation Inspections and MAINTENANCE Housekeeping Plan 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. Medical care housing as described in Title 24, Part 2, SCCDM 16.01 – Sanitation Inspections and Section 1231.2.14, shall be cleaned and sanitized Housekeeping Plan ☒ ☐ ☐ according to policies and procedures established by the health authority. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 32 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in this facility? No juveniles are held in this facility If yes, the following sections, including those ☐ ☒ ☐ summarized in Title 15, Article 8, apply (Minors in Jails). Note: Reference PC § 207.1(b), 207.6, 707.1. 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles are not confined or detained in any facility in ☐ ☐ ☒ which they have contact with adult prisoners. Note: Reference WIC § 208. 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. 1101 RESTRICTIONS ON CONTACT WITH INCARCERATED ADULTS The facility administrator shall establish policies and procedures to restrict sight and sound contact, as ☐ ☐ ☒ defined in Section 1006, between detained minors and adults confined in the facility. The policies and procedures should consider trauma-informed approaches in protecting minors from contact. 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. 1102 CLASSIFICATION The facility administrator shall develop and implement a ☐ ☐ ☒ written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include the following: (a) a procedure for receiving and transmitting information regarding minors who present a risk or hazard to self or others while confined at the facility, and ☐ ☐ ☒ the separation of such minors to the extent possible within the limits of the facility. (b) a procedure to provide care for any minor who appears to be in need of or who requests medical, mental health, or developmental disability treatment. ☐ ☐ ☒ Written procedures shall be established by the responsible health administrator in cooperation with the facility administrator. (c) a suicide prevention program designed to identify, monitor, and provide treatment to those minors who ☐ ☐ ☒ present a suicide risk. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 33 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) provide that minors be housed separately from adults and not be allowed to come or remain in contact ☐ ☐ ☒ with adults except as provided in Section 208(c) of the Welfare and Institutions Code. 1103 RELEASE PROCEDURES Facility staff shall notify the parents or guardians prior to ☐ ☐ ☒ the release of a minor. The minor's personal clothing and valuables shall be returned to the minor, parents or guardian, upon the minor's release or consent. 1104 SUPERVISION OF MINORS The facility administrator shall develop and implement ☐ ☐ ☒ policy and procedures that provide for: (a) continuous around-the-clock supervision of minors with assurance that staff can hear and respond; and, (b) safety checks of minors at least once every 30 minutes. These safety checks shall include the direct visual observation of movement and skin. Safety checks shall not be replaced, but may be supplemented by, an ☐ ☐ ☒ audio/visual electronic surveillance system designed to detect overt, aggressive, or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented. 1105 RECREATIONAL PROGRAMS The facility administrator shall develop written policies and procedures to provide a recreation program that ☐ ☐ ☒ shall protect the welfare of minors and incarcerated adults, recognize facility security needs and comply with minimum jail standards for recreation (California Code of Regulations, Title 15, Section 1065). 1106 DISCIPLINARY PROCEDURES Nothing in this regulation shall prevent the administrator from removing a detained minor from the general population or program for reasons of the minor's mental or physical health; or under any circumstances in which ☐ ☐ ☒ the safety of the minor, incarcerated adults, staff, the program or community is endangered, pending a disciplinary action or review. With the exceptions noted below, the provisions of Section 1080-1084 shall apply when a minor is involved in disciplinary actions. (a) Pursuant to Welfare and Institutions Code Section 208.3, minors may not be placed in room confinement ☐ ☐ ☒ for disciplinary purposes. (b) Permitted forms of discipline include: ☐ ☐ ☒ (1) temporary loss of privileges; and, (2) loss of privileges mandated by applicable ☐ ☐ ☒ regulations. (c) Access to visitation and recreation shall be restricted only after a second level review by a supervisor or ☐ ☐ ☒ manager and shall not extend beyond five days without subsequent review. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 34 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d)Prohibited forms of discipline include: ☐ ☐ ☒ (1)discipline that does not fit the violation; (2)corporal punishment; ☐ ☐ ☒ (3)discipline imposed by incarcerated persons; ☐ ☐ ☒ (4) placement in safety cells, sobering cells, or any other cell not specifically designated for the ☐ ☐ ☒ detention of minors; (5)deprivation of food; and, ☐ ☐ ☒ (6)room confinement. ☐ ☐ ☒ 1120 EDUCATION PROGRAM FOR MINORS IN JAILS Whenever a minor is held in a Type II or III facility, the ☐ ☐ ☒ facility administrator shall coordinate with the County Department of Education or County Superintendent of Schools to provide education programs as required by Section 48200 of the Education Code. 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the ☐ ☐ ☒ facility administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☐ ☒ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery or termination of the pregnancy shall ☐ ☐ ☒ not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the minor, the staff, or the public. (3)Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor 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 a minor's pregnancy, they shall be advised, orally or in writing, of the ☐ ☐ ☒ standards and policies governing pregnant minors. 5140 Santa Clara Elmwood Complex Men’s Facility II PRO 23-24 Page 35 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5140 FACILITY: Elmwood Complex – Men’s Facility TYPE: II RC: 2307 FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/15/2023 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 INMATE PROCESSING 206 Holding 1991 1 (4) (4) 55 sq. ft. 1 1 1 207 Holding 1991 1 (4) (4) 55 sq. ft. 1 1 1 Notes: Benches in 206 and 207 measure 78 inches limiting capacity to 4. Room 4 Holding 1991 1 (6) (6) 72 sq. ft. 1 1 1 Notes: Two benches totaling 109 inches limit capacity to 6. 223, 224 Safety 1991 2 (1) (2) 6.0' x 8.11' x 9.1' 1 Notes: Safety Cells are used for storage. 225 Holding 1991 1 (5) (5) 60 sq. ft. 1 1 1 Notes: Two benches totaling 106 inches limit capacity to 5. Unit Note: Although this inmate processing area was completed in 1991 it was not added to the LASE until the 2012-14 inspection cycle. The area is operated 24/7 exclusively for receiving inmates transferred from the Main Jail. BARRACKS HOUSING Barracks 1 Dorm 1963 1 120 56 56 44.0' x 38.0’ x 5 3 8 1 4 11.0' Notes: Building with two housing areas (one on each end) and central/common dayroom and bathroom areas. 60 beds on each side. Dimensions reflect that of only one of the housing areas. Formerly A & 1A. Dayroom has five tables (4 seats each), extra plastic chairs, and a long picnic-style table. It appears the RC was established using the cubic feet requirement. Toilet/urinal fixtures only support a total of 56 for the barracks, as we can only count the urinals as one using the 1/3 formula. Overcapacity space and facilities. Barracks 2 Dorm 1963 1 120 56 56 44.0' x 38.0’ x 5 3 8 1 5 11.0' Notes: Building with two housing areas (one on each end) and central/common dayroom and bathroom areas. 74 beds each side (14 triple-bunks and 16 double-bunks on each side). Dimensions reflect that of only one of the housing areas. Dayroom has five tables (4 seats each) and a long picnic-style table. It appears the RC was established using the cubic feet requirement. Toilets and wash basins only support a total of 48 for the barracks, as we can only count the urinals as one using the 1/3 formula. Overcapacity space and facilities. Barracks 3 Dorm 1963 1 50 40 40 29.0' x 65.7' x 4 2 5 1 6 12.0’ Notes: Prior LASE indicated this housing area was being held in reserve, and only utilized when the facility population increased. It is in use during this inspection cycle. The barracks consist of a single housing area. The bathroom urinal is five feet in length (prior LASE listed it as six). Urinal counted as one, as it can only represent 1/3 of the total toilets required. It appears the RC was established using the cubic feet requirement, however, the T/U only supports 40. Overcapacity (space and facilities). Barracks 4 Dorm 1963 1 60 48 48 27.0' x 90.0’ x 5 2 8 1 4 12.0' *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. 5140 Santa Clara Elmwood Complex Men’s Facility II LASE 2023-24 - 1 - A360 LAS Adult.dot (9/98) 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 Notes: Dorm housing with 28 double bunks & 4 single bunks. Dorms 4 & 5 are in a two-story building. Dorm 4 is downstairs with Dorm 5 upstairs. Toilet/urinal fixtures limit the RC to 56. Overcapacity (space and facilities). Footage (cubic) supports 58. If requested the RC can be increased from 48 to 56. jm Barracks 5 Dorm 1963 1 66 48 48 27.0' x 90.0’ x 6 2 8 1 4 12.0' Notes: Dorm housing with 30 double bunks & 4 singles. Dorms 4 & 5 are in a two-story building. Dorm 4 is downstairs with Dorm 5 upstairs. Prior LASE listed only 5 toilets, this inspection reflects the addition of a 6th toilet. Footage (cubic) supports 58. If requested the RC can be increased from 48 to 58. Overcapacity (space and facilities). jm Barracks 6 Dorm 1963 1 62 56 56 120.0' x 27.0’ x 6 2 8 1 4 12.0' Notes: Dorm housing. Dorms 6 & 7 are in a two-story building. Dorm 6 is downstairs with Dorm 7 upstairs. Toilets/wash basins/showers limit space for 64. Contains 19 double and 12 triple bunks. Prior LASE indicated there were only 4T, 3U, and 7W. Increased toilets and additional wash basins can support 64, if the agency requests re-evaluation. Overcapacity (facilities). The footage would support an RC of 77. Overcapacity (facilities). jm Barracks 7 Dorm 1963 1 62 56 56 120.0' x 27.0’ x 6 2 8 1 4 12.0' Notes: Dorm housing. Dorms 6 & 7 are in a two-story building. Dorm 6 is downstairs with Dorm 7 upstairs. Toilets/wash basins/showers limit space for 64. Contains 30-double and 5-single bunks. Prior LASE indicated there were only 4T and 3U. Increased toilets can support 64, if the agency request re-evaluation. Overcapacity (facilities). The footage would support an RC of 77. Over capacity (facilities).jm Barracks 8 Dorm 1963 1 120 56 56 44.0' x 38.0’ x 5 3 8 1 5 11.0' Notes: Building with two housing areas (one on each end) and central/common dayroom and bathroom areas. 60 beds on each side. Dimensions reflect that of only one of the housing areas. Formerly 8 & 8A. It appears the RC was established using the cubic feet requirement. Toilet/urinal fixtures only support a total of 56 for the barracks, as we can only count the urinals as one using the 1/3 formula. Overcapacity space and facilities. RC from 72 to 56 during the 98-00 cycle. If one urinal was replaced with a toilet, RC could be increased to 64. jm. The dorm closed during the 2020/2022 cycle (MJB). Barracks 9 Dorm 1963 1 120 56 56 44.0' x 38.0’ x 5 3 8 1 5 11.0' Notes: Building with two housing areas (one on each end) and central/common dayroom and bathroom areas. 60 beds on each side. Dimensions reflect that of only one of the housing areas. Formerly 9 & 9A. It appears the RC was established using the cubic feet requirement. Toilet/urinal fixtures only support a total of 56 for the barracks, as we can only count the urinals as one using the 1/3 formula. Overcapacity space and facilities. RC from 72 to 56 during the 98-00 cycle. If one urinal was replaced with a toilet, RC could be increased to 64. jm. The dorm closed during the 2020-2022 cycle (MJB). Barracks Dorm 1963 1 57 32 32 26.0' x 79.0’ x 4 2 4 1 6 10 11.0' Notes: Barracks 10 & 11 are in the same building. They share the same central/common bathroom area. Prior LASE indicated these barracks would be replaced with new M-8, however they remain in use. Contains 26 triple and 5 single bunks. Prior LASE listed separate toilet facilities for each Barracks 10 & 11 instead of the combined area. Footage would support RC of 45, limited by facilities. Overcapacity (space and facilities). Wash basin/shower fixtures support 64 – split between the two makes for 32 each barrack. Barracks Dorm 1963 1 57 32 32 26.0' x 79.0’ x 4 2 4 1 6 11 11.0' Notes: Barracks 10 & 11 are in the same building. They share the same central/common bathroom area. Contains 26 triples and 5 singles bunks. Prior LASE listed plumbing fixtures for this unit separate from bldg. 10, however, the bathroom is a common/shared area. Footage would support RC of 45, limited by facilities. Overcapacity (space and facilities). Wash basin/shower fixtures support 64 – split between the two makes for 32 each barrack. jm *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. 5140 Santa Clara Elmwood Complex Men’s Facility II LASE 2023-24 - 2 - A360 LAS Adult.dot (9/98) 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 Barracks Dorm 1963 1 120 56 56 20.0' x 44.0’ x 5 3 8 1 5 12 12.0' Notes: Prior LASE listed “12 & 13 were formerly the medium security dorm (north & south) now divided. A & B rooms as dimensioned plus 20’ x 30’ x 12’ in C-room. The remainder (40 x 44) minus (20 x 30) is dayroom.” Building 12 has two housing areas (one on each end) and central/common dayroom and bathroom areas. 60 beds on each side. Prior LASE listed RC as 60+, unclear how this was established as fixtures and footage (based on prior LASE language) support 56. Overcapacity (space and facilities). RC changed from 60+ to 56 98/00 cycle. (Unclear what C-room refers to. jm) Barracks Dorm 1963 1 120 56 56 20.0' x 44.0’ x 5 3 8 1 5 13 12.0' Notes: Prior LASE listed “12 & 13 were formerly the medium security dorm (north & south) now divided. A & B rooms as dimensioned plus 20’ x 30’ x 12’ in C-room. The remainder (40 x 44) minus (20 x 30) is dayroom.” Building 13 has two housing areas (one on each end) and central/common dayroom and bathroom areas. 60 beds on each side. Prior LASE listed RC as 60+, unclear how this was established as fixtures and footage (based on prior LASE) support 56. RC changed from 60+ to 56 98/00 cycle. (Unclear what C-room refers to. jm) Notes: Transition barracks. Closed by the fire department. Not in use this inspection cycle. Due to the fact it is offline, it is not being included in the RC.jm. reaffirmed during 10/12 (MJB) Note: Two dayrooms (A) for General Population (B) for Medical – 476 sq. ft = 952 Total sq ft. RC 27.2 Used for medical inmates due to dayroom space. 529 sq. ft. Will be opened later this year (2018). (MJB) BUILDING M-1 – Medical and Discipline Housing 313-316 Dorm 1980 4 10 (10) (40) 20.6 x 18.0 x 9 1 1 318-319 S 1980 2 1 (1) (1) 105 sq ft. 1 1 1 321-222 S 1980 2 1 (1) (1) 105 sq ft. 1 1 1 324-325 S 1980 2 1 (1) (1) 105 sq ft. 1 1 1 327-328 S 1980 2 1 (1) (1) 105 sq ft. 1 1 1 General Population 330-331- S 1980 2 1 1 2 105 sq ft. 1 1 1 333-337 Dorm 1980 4 8 8 32 20.6 x 18.0 x 9 1 1 338-339 Dorm 1980 2 8 8 16 20.6 x 18.0 x 9 1 1 BUILDING M-2 Consists of four separate housing areas designated as units A, B, C & D.) Prior LASE states, “Variance 9-16-81 for 1/20 shower ratio. Excess housing space allocated to dayrooms.” M-2 is a rectangular-shaped bldg. with two housing areas at each end, for a total of four. (During the 10-12 cycle, each housing unit will be counted as one living space, meaning cubicle reference does not apply). For historical reference please refer to previous LASE. Dorms appear to have enough space to house 64 inmates, however, each unit only has 3 showers, which will limit RC to 60. (MJB) – 5/2012. During the 2016-18 cycle, “A” only had 5 toilets. RC is limited to 50. BCD RC 60. Building remodel during 2020-2022. MJB A Multiple 1980 3 68 48 50 6 6 1 3 B Multiple 1980 3 68 48 60 6 6 1 3 C Multiple 1980 3 68 48 60 6 6 1 3 D Multiple 1980 3 70 48 60 6 6 1 3 BUILDING M-3 Consists of four separate housing areas designated as units A, B, C & D.) Prior LASE states, “Variance 9-16-81 for 1/20 shower ratio. Excess housing space allocated to dayrooms.” M-3 is a rectangular-shaped bldg. with two housing areas at each end, for a total of four. (During 10-12 cycle, each housing unit will be counted as one living space, meaning cubicle reference does not apply). By using the current dormitory measurements each dorm has enough space to house 64 inmates; *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. 5140 Santa Clara Elmwood Complex Men’s Facility II LASE 2023-24 - 3 - A360 LAS Adult.dot (9/98) 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 however, each unit only has 3 showers, which will limit their RC to 60. (MJB) – 5/2012. For historical reference please refer to previous LASE. A Multiple 1980 3 68 60 60 4080 sq. ft 6 6 1 3 B Multiple 1980 3 68 60 60 4080 sq. ft 6 6 1 3 C Multiple 1980 3 68 60 60 4080 sq. ft 6 6 1 3 D Multiple 1980 3 68 60 60 4080 sq. ft. 6 6 1 3 M-4 HOUSING Podular housing design. Bldg. has 4 pods titled A-D. Each pod has two tiers with 24 cells on each tier, for a total of 48 cells per pod. Visiting facilities located inside the bldg. Four holding cells in the bldg. Dayroom space is 3,648 for each pod. For historical reference please refer to previous LASE. MJB 10/12 cycle. Cell 10, 11 18 & 19 cells ADA remodel 2020. (MJB) A Single 1980 7 1 1 5 6.9’ x 11.5’ 1 1 1 5 Double 1980 31 2 2 62 6.9’ x 11.5’ 1 1 1 Notes: During the 2016-18 inspections 17 single bunks were turned into double bunks + added a shower. (MJB) B Double 1980 24 2 2 48 6.9’ x 11.5’ 1 - 1 1 5 Double 1980 24 2 2 48 6.9’ x 11.5’ 1 1 1 Notes: During the 2016-18 inspections 17 single bunks were turned into double bunks + added a shower. (MJB) C Double 1980 24 2 2 48 6.9’ x 11.5’ 1 - 1 1 5 Double 1980 24 2 2 48 6.9’ x 11.5’ 1 1 1 Notes: During the 2016-18 inspections 17 single bunks were turned into double bunks + added a shower. (MJB) D Double 1980 48 2 2 48 6.9’ x 11.5’ 1 - 1 1 5 Double 1980 24 2 2 48 6.9’ x 11.5’ 1 1 1 Notes: During the 2016-18 inspections 17 single bunks were turned into double bunks + added a shower. (MJB) Holding Holding 1980 4 - (6) (24) 11.0’ x 7.0’ 1 - 1 1 - Notes: two 5.6’ benches in cell for c11’ bench space; footage minus 8.48’. M-5 HOUSING Podular housing design. Bldg. has 4 pods titled A-D. Each pod has two tiers with 24 cells each on tier 48 in the pod. Four holding cells in bldg. Dayroom space is 3,648 for each pod. For historical reference please refer to previous LASE. MJB 10/12 cycle. A Double 1980 48 2 2 96 6.9’ x 11.5’ 1 - 1 1 5 B Double 1980 48 2 2 96 6.9’ x 11.5’ 1 - 1 1 5 C Double 1980 48 2 2 96 6.9’ x 11.5’ 1 - 1 1 5 D Double 1980 48 2 2 96 6.9’ x 11.5’ 1 - 1 1 5 Holding Holding 1980 4 - (6) (24) 11.0’ x 7.0’ 1 - 1 1 - Notes: two 5.6’ benches in cell for c11’ bench space; footage minus 8.48’ SPECIAL HOUSING The following housing units are located in the same bldg. and have a common/shared bath area. Prior LASE listed “Four isolation cells 7’ x 12.25’ not counted in capacity.” Not included on facility count sheet during 2012-2014 inspection. Multiple 1980 2 8 8 16 17.5’ x 18.5’ 2 2 1 1 Notes: “Variance granted 5/18/83 to permit 16 capacity.” Housing consists of two cubicles with 8 beds each. *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. 5140 Santa Clara Elmwood Complex Men’s Facility II LASE 2023-24 -4 - A360 LAS Adult.dot (9/98) 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 M-8 HOUSING Consists of four housing pods; East has Pods A-D; West has Pods E-H POD A: Irregularly shaped housing unit with upper and lower tiers; top tier has four cubicles numbered 1-4; 5-8 are downstairs; dimensions are for each cubicle; there is a centralized dayroom in addition to cubicles 7 & 8 being used as dayroom space for a total of 3312.4 sq ft. A total of 68 beds in this pod but space limits RC to 48. Exercise area attached to the pod. For historical reference please refer to previous LASE. (MJB) – 5/2012. Dorm 1991 4 9 8 32 24.5’ x 16.9’ x 9.6’ Dorm 1991 2 16 8 16 24.5’ x 16.9’ x 9.6’ 4 3 6 1 3 POD B: Irregularly shaped housing unit with upper and lower tiers; top tier has four cubicles numbered 1-4; 5-8 are downstairs; dimensions are for each cubicle; there is a centralized dayroom in addition to cubicles 7 & 8 being used as dayroom space for a total of 3,312.4 sq ft. A total of 68 beds in this pod but space limits RC to 48. Exercise area attached to the pod. For historical reference please refer to previous LASE. (MJB) – 5/2012. Dorm 1991 4 9 8 32 24.5’ x 16.9’ x 9.6’ 4 3 6 1 3 Dorm 1991 2 16 8 16 24.5’ x 16.9’ x 9.6’ POD C: Irregularly shaped housing unit with upper and lower tiers; top tier has four cubicles numbered 1-4; 5-8 are downstairs; dimensions are for each cubicle; there is a centralized dayroom in addition to cubicles 7 & 8 being used as dayroom space for a total of 3,312.4 sq ft. A total of 68 beds in this pod but space limits RC to 48. Exercise area attached to the pod. For historical reference please refer to previous LASE. (MJB) – 5/2012. Dorm 1991 4 9 8 32 24.5’ x 16.9’ x 9.6’ 4 3 6 1 3 Dorm 1991 2 16 8 16 24.5’ x 16.9’ x 9.6’ POD D: Irregularly shaped housing unit with upper and lower tiers; top tier has four cubicles numbered 1-4; 5-8 are downstairs; dimensions are for each cubicle; there is a centralized dayroom in addition to cubicles 7 & 8 being used as dayroom space for a total of 3,312.4 sq ft. A total of 68 beds in this pod but space limits RC to 48. Exercise area attached to the pod. For historical reference please refer to previous LASE. (MJB) – 5/2012. Dorm 1991 4 9 8 32 24.5’ x 16.9’ x 9.6’ 4 3 6 1 3 Dorm 1991 2 16 8 16 24.5’ x 16.9’ x 9.6’ A-D 1991 1 7.1 x 8.1 x 9.0 1 1 Note: Otherwise a holding cell is considered a non-rated space as no fountain is installed on the porcelain sink. Bench space of 85 inches would limit capacity to 4 in the event a fountain is added. POD E: Irregularly shaped housing unit with upper and lower tiers; top tier has four cubicles numbered 1-4; 5-8 are downstairs; dimensions are for each cubicle; there is a centralized dayroom in addition to cubicles 7 & 8 being used as dayroom space for a total of 3,312.4 sq ft. A total of 68 beds in this pod but space limits RC to 48. Exercise area attached to the pod. For historical reference please refer to previous LASE. (MJB) – 5/2012. Dorm 1991 4 9 8 32 24.5’ x 16.9’ x 9.6’ 4 3 6 1 3 Dorm 1991 2 16 8 16 24.5’ x 16.9’ x 9.6’ POD F: Irregularly shaped housing unit with upper and lower tiers; top tier has four cubicles numbered 1-4; 5-8 are downstairs; dimensions are for each cubicle; there is a centralized dayroom in addition to cubicles 7 & 8 being used as dayroom space for a total of 3,312.4 sq ft. A total of 68 beds in this pod but space limits RC to 48. Exercise area attached to the pod. For historical reference please refer to previous LASE. (MJB) – 5/2012. Dorm 1991 4 9 8 32 24.5’ x 16.9’ x 9.6’ 4 3 6 1 3 Dorm 1991 2 16 8 16 24.5’ x 16.9’ x 9.6’ *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. 5140 Santa Clara Elmwood Complex Men’s Facility II LASE 2023-24 -5 - A360 LAS Adult.dot (9/98) 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 POD G: Irregularly shaped housing unit with upper and lower tiers; top tier has four cubicles numbered 1-4; 5-8 are downstairs; dimensions are for each cubicle; there is a centralized dayroom in addition to cubicles 7 & 8 being used as dayroom space for a total of 3312.4 sq ft. A Total of 68 beds in this pod but space limits RC to 48. Exercise area attached to the pod. For historical reference please refer to previous LASE. (MJB) – 5/2012. Dorm 1991 4 9 8 32 24.5’ x 16.9’ x 9.6’ 4 3 6 1 3 Dorm 1991 2 16 8 16 24.5’ x 16.9’ x 9.6’ POD H: Irregularly shaped housing unit with upper and lower tiers; top tier has four cubicles numbered 1-4; 5-8 are downstairs; dimensions are for each cubicle; there is a centralized dayroom in addition to cubicles 7 & 8 being used as dayroom space for a total of 3312.4 sq ft. A Total of 68 beds in this pod but space limits RC to 48. Exercise area attached to the pod. For historical reference please refer to previous LASE. (MJB) – 5/2012. Dorm 1991 4 9 8 32 24.5’ x 16.9’ x 9.6’ 4 3 6 1 3 Dorm 1991 2 16 8 16 24.5’ x 16.9’ x 9.6’ E-H 1991 1 7.1 x 8.1 x 9.0 1 1 Notes: Otherwise, a holding cell, this is considered a non-rated space as no fountain is installed on the porcelain sink. Bench space of 85 inches would limit capacity to 4 in the event a fountain is added. Space was added to LASE during the 2012-2014 inspection cycle. M-8 COURT STAGING 1 Holding 1991 1 (4) (4) 10.11 x 7.5 x 9.1 1 1 1 Notes: Bench space of 74 inches limits capacity to 4. 2 Holding 1991 1 (4) (4) 10.11 x 8.11 x 9.1 1 1 1 Notes: Bench space of 74 inches limits capacity to 4. 3 Holding 1991 1 (4) (4) 10.11 x 7.4 x 9.1 1 1 1 Notes: Bench space of 74 inches limits capacity to 4. 4 1991 (Not measured) 1 1 1 Notes: This area was originally intended as a holding cell; however, the area is instead used for storage. 5 1991 Approx. 1 2 1 270 sq. ft. Notes: Intended as a staging area it is considered a non-rated space as no benches are present in this cell. 6-8 1991 1991 3 (4) (12) 10.10 x 7.4 x 9.1 1 1 1 Notes: These cells each contain 74 inches of bench space limiting capacity to 4 each. Area Note: In existence since 1991, the Court Staging area was added to LASE during the 2012-2014 inspection cycle. *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. 5140 Santa Clara Elmwood Complex Men’s Facility II LASE 2023-24 - 6 - A360 LAS Adult.dot (9/98) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT TYPE I, II, III AND IV FACILITIES Applicable Title 24 Regulations: 3/80; 8/86; 5/88; 1/91 BSCC: 5140 FACILITY NAME: Elmwood Complex – Men’s Facility FACILITY TYPE: II APPLICABLE REGULATIONS (Check All That 3/80: X 8/86: 5/88: 1/91: X OTHER: 1963 Apply): FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/15/2023 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Water fountain accessible X Wash basin accessible X Provides clear visual supervision X Telephone accessible X Weapons Locker (3.12) X External to the security area and equipped with individual compartments, locks and keys Temporary Staging Cell or Room (2.3) X 1-91: Added provision for temporary staging cells- rooms Holds inmates classified and segregated per Title 15 § 1050 and § 1053 Limited to holding inmates up to 4 hours X Maximum capacity of no more than 80 inmates X Contains 10 square feet of floor space per inmate and X has a ceiling height of at least 8 feet No smaller than 160 square feet X Contains seating to accommodate all inmates X Contains water closet, wash basin and drinking X fountain Provides unobstructed visual supervision of inmates X by staff Detoxification/Sobering Cells (2.4) X No cells of this type are in the facility. 01: Name change to “sobering cell” Contain 20 square feet of floor per inmate 5140 Santa Clara Elmwood Complex – Men’s Facility II PHY 23-24 - 1 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Shower-Delousing Room (3.4) X Available in reception/booking Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Safety Cells (2.5) X Was previously marked as N/A. There are two safety cells in receiving. However, they Contain 48 square feet with one floor dimension at are used for storage. least 6 feet and ceiling height of at least 8 feet Limited to no more than one inmate X Contain flush ring toilet with controls located outside X the cell Padded floor, door and walls X Equipped with variable intensity, security light, X inaccessible to occupant Vertical view panel not more than 4 inches wide and at X least 24 inches long, in or adjacent to the door Provide a food pass with lockable shutter no more X than 4 inches high and located at least 30 inches above the floor Single Occupancy Cells (2.6) X Maximum capacity of one inmate Contain a minimum of 60 square feet of floor area in X Type I facilities and 70 square feet in Type II and III facilities Have a minimum ceiling height of 8 feet X Contain toilet, washbasin and drinking fountain X Contain a bunk, desk and seat (Desk and seat not X required in Type I in later, less restrictive 1986 standards) Multiple Occupancy Cells (8227) X No cells of this type. 8-86: Deleted provision for multiple occupancy cells Contain 35 square feet per person Limited to no more than 8 inmates No smaller than 100 square feet Minimum ceiling height of 8 feet Water closet separate from washbasin and drinking fountain Sufficient bunks to accommodate each occupant Provide storage space for each occupant's personal items 5140 Santa Clara Elmwood Complex – Men’s Facility II PHY 23-24 - 2 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Multiple Occupancy Rooms (8229) X 8-86: Deleted provision for multiple occupancy rooms Limited to housing persons in Type III and IV facilities and workers in Type I and II facilities Contain 50 square feet of floor area per person and a X minimum of 8 feet ceiling height Limited to no more than 16 persons X Access to toilets separate from washbasins (ratio 1:8) X and drinking fountains Provide storage space for each occupant's personal X items Double Occupancy Cells (2.7) X 5-88: Added provision for double occupancy cells Maximum capacity of two inmates Contain a minimum of 60 square feet of floor space in X Type I facilities and 70 square feet in Type II and III facilities Have a minimum ceiling height of 8 feet and one floor X dimension at least 6 feet Contain toilet, washbasin and drinking fountain X Contain 2 bunks, 1 desk and seat (Desk and seat not X required in Type I facilities) Dormitories (2.8) X 8-86: Provision for dormitories added Contain 50 square feet of floor area per inmate and a minimum of 8 feet ceiling height Be designed for no fewer than 8 and no more than 64 X inmates Facilities having a total rated capacity of 80 inmates or X less, may design dormitories for no fewer than 4 inmates Access to toilets separate from washbasins (ratio 1:8) X and drinking fountains 01: Ratio changed to 1:10 Provide storage space for each inmates' personal X items Dayrooms (2.9) X 8-86: Added requirement for 3 foot wide corridors in front of cells-rooms 99: Corridor requirement deleted 35 square feet of floor area per inmate X Contain tables and seating to accommodate the X maximum number of inmates served Access to toilets, washbasins and drinking fountains X Available to all inmates in Type II and III facilities X (excluding special use cells) and to workers in Type I facilities 5140 Santa Clara Elmwood Complex – Men’s Facility II PHY 23-24 - 3 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Shower (3.4) X Available on a ratio of 1:16 01: Ratio changed to 1:20 Lighting (3.6) X Sufficient to permit easy reading. Night lighting is sufficient to allow good supervision. 8-86: Specifies at least 20 foot-candles at desk level and in grooming areas, with night lighting not to exceed 5 foot-candles Beds-Bunks (3.5) X 30 inches wide and 76 inches long Comfortable Living Environment [102(c)6] X A comfortable living environment is maintained through an adequate heating and cooling system. Exercise Area -Type II, III and WA IV (2.10) X At least one exercise area must contain a minimum of 900 square feet 8-86: Outdoor exercise area provided X 8-86: Clear height of 15 feet with required surface X area meeting a formula of: 80% of maximum rated inmate population and number of one-hour exercise periods per day = required surface area Program Space - Type II and III (2.11) X Sufficient area and furnishings to meet the needs of the facility programs Dining Facilities (2.17) X 15 square feet per inmate being fed Toilets, washbasins and showers are not in the same X room or not in view of inmate dining Visiting (2.18) X Sufficient visiting area Contact visits whenever possible for minimum security X inmates Attorney Interviews (2.26) X Provide for confidential attorney consultation Safety Equipment Storage (2.19) X Adequate space is provided for storage of equipment such as fire extinguishers, SCBA, emergency lights, etc. 5140 Santa Clara Elmwood Complex – Men’s Facility II PHY 23-24 -4 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Janitor Closet (2.20) X Located in security areas lockable, containing a mop sink and storage space Storage Rooms (2.21) X Sufficient space to accommodate inmate property, bedding and supplies Audio or Video Monitoring System -NA Type IV X (2.22) Audio monitoring system capable of alerting staff in a central control Video monitoring in corridors, main entries and/or exits X and programs or activity areas Fire Detection and Alarm System [102(c)6] X Automatic fire alarm system capable of alerting staff in a central control point Emergency Power (2.24) X Available to provide minimal lighting, maintain communications, alarm, fire, life and security systems Provide Space for: X Barber/beauty shop(2.15) 8-86: Limit requirement to Type II and III facilities 99: Requirement deleted Canteen (2.16) X 8-86: Added for II, III & IV facilities Confidential Interview Rooms (2.25) X 8-86: Added for Type II facilities 5140 Santa Clara Elmwood Complex – Men’s Facility II PHY 23-24 - 5 - A381 PHY Type 80 86 88 91.dot (03/01) TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5180 FACILITY NAME: ELMWOOD COMPLEX– WOMEN’S FACILITY FACILITY TYPE: II PERSON(S) INTERVIEWED: CAPTAIN RITA ROLAND, LIEUTENANT RUTH COTE, CAPTAIN MICHELLE ASBAN, SERGEANT ERICA BRAVO AND DEPUTY PALARCA FIELD REPRESENTATIVE: MATTHEW SCHULER DATE: DECEMBER 14, 2023 TITLE 15 SECTION P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 The BSCC Standards and Training for Corrections (STC) division found the agency in compliance with applicable (a) In addition to the provisions of California Penal Code Section regulations during the 23-24 compliance monitoring cycle. 831.5, all custodial personnel of a Type I, II, III, or IV facility shall successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING Prior to assuming supervisory duties, jail supervisors shall complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1025 CONTINUING PROFESSIONAL TRAINING With the exception of any year that a core training module is successfully completed, all facility/system administrators, managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 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. 2 For STC participating agencies, consistency with training sections 1020, 1021, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 1 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL SCCDM 1.25 – Staffing SCCDM 9.39 – Inmate Supervision 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. Whenever there is a person in custody, there shall be at SCCDM 1.25 – Staffing least one employee on duty at all times in a local SCCDM 9.39 – Inmate Supervision detention facility or in the building which houses a local ☒ ☐ ☐ detention facility who shall be immediately available and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties which SCCDM 1.25 – Staffing would conflict with the supervision and care of ☒ ☐ ☐ SCCDM 9.39 – Inmate Supervision incarcerated people in the event of an emergency. Whenever one or more females are in custody, there SCCDM 1.25 – Staffing shall be at least one female employee who shall be SCCDM 9.39 – Inmate Supervision immediately available and accessible to such females. During the on-site inspection, the Elmwood Note: Reference PC § 4021. Women’s Facility was staffed entirely with ☒ ☐ ☐ female deputies. Policy states “At least one female employee available and accessible whenever there is a female in custody.” In order to determine if there is a sufficient number of SCCDM 1.25 – Staffing personnel for a specific facility, the facility administrator SCCDM 9.39 – Inmate Supervision shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a ☒ ☐ ☐ staffing plan shall be reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS SCCDM 9.39 – Inmate Supervision The facility administrator shall develop and implement policy and procedures for conducting safety checks that include, but are not limited to, the following: ☒ ☐ ☐ (a) Safety checks will determine the safety and well- being of individuals and shall be conducted at least hourly through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse SCCDM 9.39 – Inmate Supervision between safety checks. Policy states “Staff will observe inmates at ☒ ☐ ☐ least once every 60 minutes or more frequently when warranted in special instances or selected housing units.” (c) Safety checks for people in sobering cells, safety SCCDM 9.39 – Inmate Supervision cells, and restraints shall occur more frequently as ☒ ☐ ☐ outlined in section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied SCCDM 9.39 – Inmate Supervision intervals. ☒ ☐ ☐ 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 2 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) There shall be a written plan that includes the SCCDM 9.39 – Inmate Supervision documentation of all safety checks. Documentation shall include: BSCC staff reviewed a random sampling of (1) the actual time at which each individual safety ☒ ☐ ☐ safety check documents for Elmwood check occurred; Women’s Facility from January 2023 through October 2023. The documentation appeared to be compliant with this regulation. (2) the location where each individual safety check SCCDM 9.39 – Inmate Supervision occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff SCCDM 9.39 – Inmate Supervision ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are SCCDM 9.39 – Inmate Supervision reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF SCCDM 1031 – Fire Prevention/Inspections Whenever there is a person in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the Board for general fire and life safety. [Penal Code section 6030(c)]. The facility manager shall ensure that there is at least one SCCDM 1031 – Fire Prevention/Inspections person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL3 Santa Clara County Department of Corrections Policy and Procedures Manual Facility administrator(s) shall develop and publish a (SCCDM) 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 Policy states “All Department policies shall be two years. Such a manual shall be made available to all ☒ ☐ ☐ reviewed not less than once a year. The employees. Professional Compliance and Audit Unit will establish an annual schedule identifying Notes: The policies and procedures required in policies to be reviewed during a specific subsections (a)(6) and (a)(7) may be placed in a separate month.” manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. Policy was reviewed and updated in 2022. Compliant with this regulation. (a)The manual for Temporary Holding, Type I, II, and III SCCDM 1.07- Organizational Chart facilities shall provide for, but not be limited to, the SCCDM 1.09 – Chain of Command following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2)Inspections and operations reviews by the facility SCCDM 1.29 – Watch Commander administrator/manager. ☒ ☐ ☐ Duties/Notifications to Executive Management 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 3 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Policy on the use of force that meets current state SCCDM 9.01 – Use of Force and Restraints and federal legal requirements and includes prohibition of the use of carotid restraint and choke ☒ ☐ ☐ Policy states in part that prohibited holds. techniques include carotid restraint and choke holds. (4) Policy on the use of restraint equipment, including SCCDM 9.01 – Use of Force and Restraints the restraint of pregnant persons as referenced in ☒ ☐ ☐ SCCDM 9.01H – Use of Restraints for Penal Code Section 3407. Pregnant Inmates (5) Procedure and criteria for screening newly SCCDM 11.15 – Misdemeanor Citation received persons for release. ☒ ☐ ☐ Releases SCCDM 11.31 – Inmate Release (6) Security and control including physical counts and SCCDM 9.33 – Inmate Counts searches of the facility and incarcerated persons, SCCDM 9.39 – Inmate Supervision contraband control, and key control. Each facility administrator shall, at least annually, Security checks are conducted by staff at the review, evaluate, and make a record of security ☒ ☐ ☐ beginning of each shift and at 2300 hours measures. The review and evaluation shall include each day. internal and external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: SCCDM 10.01 – Management of Emergency (A) fire suppression preplan as required by ☒ ☐ ☐ Plans section 1032 of these regulations; SCCDM 1031 – Fire Prevention/Inspections (B) escape, disturbances, and the taking of SCCDM 10.11 - Escapes ☒ ☐ ☐ hostages; (C) mass arrests; ☒ ☐ ☐ SCCDM 10.15 – Mass Arrests (D) natural disasters; SCCDM 10.05 – Natural Disasters – Earthquakes ☒ ☐ ☐ SCCDM 10.09 – Emergency Evacuation SCCDM 10.49 – Catastrophic Disaster Incident Plan (E) periodic testing of emergency equipment; SCCDM 9.19 – Armory Operations and ☒ ☐ ☐ and, Security Equipment (F) storage, issue, and use of weapons, SCCDM 9.19 – Armory Operations and ammunition, chemical agents, and related ☒ ☐ ☐ Security Equipment security devices. SCCDM 9.25 – Use of Less Lethal Munitions (8) Suicide Prevention. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (9) Separation of incarcerated persons. SCCDM 13.01 – Classification Policy, Goals, ☒ ☐ ☐ and Objectives SCCDM 13.03 – Administrative Segregation (10) Zero tolerance in the prevention of sexual abuse SCCDM 14.15 – Prison Rape Elimination Act ☒ ☐ ☐ and sexual harassment. (PREA) (11) Policy and procedure to detect, prevent, and SCCDM 14.15 – Prison Rape Elimination Act respond to retaliation against any staff or person after ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for SCCDM 11.31 – Inmate Release ☒ ☐ ☐ incarcerated persons. SCCDM 14.15 – Prison Rape Elimination Act 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 4 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, SCCDM 14.15 – Prison Rape Elimination Act Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: The Inmate Orientation Handbook states “All (1) multiple internal ways for incarcerated people to reports of sexual misconduct and the privately report sexual abuse and sexual investigations are deemed confidential. You ☒ ☐ ☐ harassment, retaliation by other incarcerated may also report, in writing, by using the persons or staff for reporting sexual abuse and Grievance process or Medical Request form sexual harassment, and staff neglect or violation of (white card), or a note to the unit officer.” responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, SCCDM 14.15 – Prison Rape Elimination Act family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ BSCC staff noticed PREA postings within the harassment. The method for reporting shall be facility’s lobby, housing units, and publicly posted at the facility. dormitories. 1030 SUICIDE PREVENTION PROGRAM SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility administrator or designee, in conjunction with the health Policy states “All potentially suicidal inmates authority and mental health director, to identify, monitor, will be referred to Mental Health Services. and provide treatment to those incarcerated persons who Any inmates exhibiting suicidal, self- ☒ ☐ ☐ present a suicide risk. destructive, psychotic, or homicidal behavior The program shall include the following: will be moved to a readily observable area, and placed on a suicide watch. Correctional staff shall immediately complete a Med/Psych Referral form and document welfare checks at least every fifteen (15) minutes on an Inmate Observation Record.” (a) Annual suicide prevention training for all custodial SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ personnel. SCCDM 12.05 – Suicide Prevention (b) Intake screening for suicide risk immediately upon SCCDM 12.03 – Mental Health Services intake and prior to housing assignment. SCCDM 12.05 – Suicide Prevention Policy states “During the Intake process, the inmates shall be medically screened and ☒ ☐ ☐ shall be referred to Mental Health if there is an indication of any suicidal, self-destructive, psychotic, homicidal behavior, or a history of suicide attempts. All inmates are screened when they are booked in at the Main Jail.” (c) Suicide prevention screening during special SCCDM 12.03 – Mental Health Services situations, including placement in restrictive housing, SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among SCCDM 12.03 – Mental Health Services arresting/transporting officers, facility staff, court staff, SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ medical and mental health personnel in relation to suicide risk. (e) Housing recommendations for people at risk of SCCDM 12.03 – Mental Health Services suicide that balance safety and environment. The least ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention restrictive environment should be considered. (f) Supervision depending on level of suicide risk. SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (g) Suicide attempt and suicide intervention policies and SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ procedures. SCCDM 12.05 – Suicide Prevention 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 5 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (h) Provisions for reporting suicides and suicides SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ attempts. SCCDM 12.05 – Suicide Prevention (i) Multi-disciplinary administrative review of suicides and SCCDM 12.03 – Mental Health Services attempted suicides as defined by the facility SCCDM 12.05 – Suicide Prevention administrator, including the development of a corrective ☒ ☐ ☐ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (k) Plan for mental health consultation following return SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ from court as determined by the mental health director. SCCDM 12.05 – Suicide Prevention 1032 FIRE SUPPRESSION PREPLANNING SCCDM 10.03 – Fire Response Plan SCCDM 10.31 – Fire Prevention/Inspections 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 SCCDM 10.03 – Fire Response Plan fire department to be included as part of the policy and SCCDM 10.31 – Fire Prevention/Inspections ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff SCCDM 10.03 – Fire Response Plan with two-year retention of the inspection record; SCCDM 10.31 – Fire Prevention/Inspections BSCC staff reviewed the monthly fire and life safety inspection documentation. The ☒ ☐ ☐ facilities maintain facility-specific fire suppression pre-plans and emergency operations manuals that were developed in cooperation with the local fire authority. (c) fire prevention inspections as required by Health and SCCDM 10.03 – Fire Response Plan Safety Code Section 13146.1(a) and (b) which requires SCCDM 10.31 – Fire Prevention/Inspections ☒ ☐ ☐ inspections at least once every two years; The date of last fire inspection: 3/23/2022. (d) an evacuation plan; and, SCCDM 10.03 – Fire Response Plan ☒ ☐ ☐ SCCDM 10.31 – Fire Prevention/Inspections (e) a plan for the emergency housing of incarcerated SCCDM 10.03 – Fire Response Plan ☒ ☐ ☐ people in the case of fire. SCCDM 10.31 – Fire Prevention/Inspections 1040 POPULATION ACCOUNTING SCCDM 1.51 – Data Classification and Control Each facility administrator shall maintain a demographics SCCDM 5.01 – Network System/CLARAnet ☒ ☐ ☐ accounting system which reflects the monthly average SCCDM 7.03 – Case Record Management daily population of sentenced and non-sentenced people by gender and juvenile status. Facility administrators shall provide the Board with SCCDM 1.51 – Data Classification and applicable demographic information as described in the Control Jail Profile Survey. SCCDM 1.61 – Records Retention, ☒ ☐ ☐ Maintenance, and Destruction SCCDM 5.01 – Network System/CLARAnet SCCDM 7.03 – Case Record Management 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 6 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1041 RECORDS SCCDM 1.51 – Data Classification and Control (a) Each facility administrator of a Type I, II, III or IV SCCDM 1.61 – Records Retention, facility shall develop written policies and procedures for Maintenance, and Destruction the maintenance of individual records for each SCCDM 5.01 – Network System/CLARAnet incarcerated person which shall include, but not be ☒ ☐ ☐ SCCDM 7.03 – Case Record Management limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, SCCDM 1.51 – Data Classification and uniform data for every allegation of sexual abuse at Control facilities under its direct control and from other facilities SCCDM 1.61 – Records Retention, with which it contracts for the confinement of its Maintenance, and Destruction incarcerated people. The data collected shall include, at ☒ ☐ ☐ SCCDM 5.01 – Network System/CLARAnet a minimum, the data necessary to satisfy the reporting SCCDM 7.03 – Case Record Management requirements of 34 U.S.C. section 30303(a)(1). SCCDM 14.15 – Prison Rape Elimination Act Note: federal survey on sexual violence. 1044 INCIDENT REPORTS SCCDM 9.27 – Reporting of Incidents SCCDM 14.15 – Prison Rape Elimination Act 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 incarcerated person of a detention facility or other person. Such records shall include the names of the persons SCCDM 9.27 – Reporting of Incidents involved, a description of the incident, the actions taken, SCCDM 14.15 – Prison Rape Elimination Act and the date and time of the occurrence. BSCC staff reviewed a random sampling of ☒ ☐ ☐ Incident reports from the Elmwood Women’s Facility from January 2023 through October 2023. The documentation appeared to be compliant with this regulation. Such a written record shall be prepared by the staff SCCDM 9.27 – Reporting of Incidents assigned to investigate the incident and submitted to the ☒ ☐ ☐ SCCDM 14.15 – Prison Rape Elimination Act facility manager or designee. 1045 PUBLIC INFORMATION PLAN SCCDM 1.41 – News Media Relations/Public Information Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the ☒ ☐ ☐ dissemination of information to the public, to other government agencies, and to the news media. The public and incarcerated persons shall have available for review the following material: (a) The Board of State and Community Corrections A copy of the regulations is located in the Minimum Standards for Local Detention Facilities as ☒ ☐ ☐ lobby of each of the facilities. found in Title 15 of the California Code of Regulations. (b) Facility rules and procedures affecting incarcerated SCCDM 1.41 – News Media Relations/Public people as specified in sections: ☒ ☐ ☐ Information (1)1045, Public Information Plan (2)1061, Education Plan SCCDM 18.03 – Education Programs and ☒ ☐ ☐ Services (3)1062, Visiting SCCDM 17.01 – Inmate Social Visiting ☒ ☐ ☐ SCCDM 17.03 – Inmate Hospital Visits 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 7 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4)1063, Correspondence ☒ ☐ ☐ SCCDM 17.13 – Inmate Correspondence (5)1064, Library Service ☒ ☐ ☐ SCCDM 18.05 – Library Services (6)1065, Exercise and Out of Cell Time ☒ ☐ ☐ SCCDM 18.07 – Exercise and Recreation (7) 1066, Books, Newspapers, Periodicals and SCCDM 17.13 – Inmate Correspondence ☒ ☐ ☐ Writings (8)1067, Access to Telephone SCCDM 17.07 – Inmate Access to ☒ ☐ ☐ Telephones and Telecommunication Devices (9)1068, Access to Courts and Counsel SCCDM 14.01 – Legal Rights of Inmates ☒ ☐ ☐ SCCDM 17.11- Inmate Attorney and Official Visits (10)1069, Orientation ☒ ☐ ☐ Inmate Orientation Handbook (11)1070, Individual/Family Service Programs SCCDM 18.03 – Education Programs and ☒ ☐ ☐ Services SCCDM 18.11 – Social Services (12)1071, Voting ☒ ☐ ☐ SCCDM 14.11 - Voting (13)1072, Religious Observance SCCDM 18.09 – Religious Programs and ☒ ☐ ☐ Services (14)1073, Grievance Procedure ☒ ☐ ☐ SCCDM 14.05 – Inmate Grievances Process (15)1080, Rules and Disciplinary Actions SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (16) 1081, Plan for Discipline of Incarcerated SCCDM 13.15 – Disciplinary Housing Persons ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (17)1082, Forms of Discipline SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (18)1083, Limitations on Discipline SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ SCCDM 15.01 – Inmate Discipline Process (19)1200, Responsibility for Health Care Services SCCDM 12.01 – Medical Health Care ☒ ☐ ☐ Services 1046 DEATH IN CUSTODY SCCDM 12.09 – Inmate Deaths (a)Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ensure that there is an initial review of ☒ ☐ ☐ every in-custody death within 30 days. The review team at a minimum shall include the facility administrator or designee, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the SCCDM 12.09 – Inmate Deaths appropriateness of clinical care; whether changes to ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 8 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b)Death of a Minor SCCDM 12.09 – Inmate Deaths In any case in which a minor dies while detained in a jail, SCCDM 13.13 – Juvenile Inmates lockup, or court holding facility: (1) The administrator of the facility shall provide to ☐ ☐ ☒ the Board a copy of the report submitted to the Juveniles are not held in this facility. 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 SCCDM 12.09 – Inmate Deaths the administrator, the Board may within 30 calendar SCCDM 13.13 – Juvenile Inmates 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 Juveniles are not held in this facility. limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN SCCDM 13.01 – Classification Policy, Goals, and Objectives (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 “A system designed to properly incarcerated persons to housing units and activities assign inmates to housing units and activities according to the categories of gender identity, age, according to the categories of sex/gender, criminal sophistication, seriousness of crime charged, age, criminal sophistication, seriousness of physical or mental health needs, assaultive/non- crime charged, physical or mental health assaultive behavior, risk of being sexually abused, or needs, assaultive/non-assaultive behavior sexually harassed and other criteria which will provide for ☒ ☐ ☐ and other criteria which will provide for the the safety of the incarcerated people and staff. Such safety of the inmates and staff.” housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall establish SCCDM 13.01 – Classification Policy, Goals, and implement a classification system which will include and Objectives the use of classification officers or a classification committee in order to properly assign incarcerated Policy states “The Classification Plan persons to housing, work, rehabilitation programs, and provides a systematic method for assessing leisure activities. Such a plan shall include the use of as and classifying inmates based upon objective much information as is available about and from the criteria. The Classification Plan provides for a incarcerated person and shall provide for a channel of ☒ ☐ ☐ system to determine the level of security appeal by the incarcerated person to the facility required, housing assignment, and administrator or designee. Each person may request a participation in correctional programs.” review of their classification plan no more often than 30 days from their last review. Note: Subsection (b) does not apply and has been deleted. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 9 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding housing and programming assignments, SCCDM 13.01 – Classification Policy, Goals, the agency shall consider on a case-by-case basis and Objectives whether a placement would ensure the health and safety of the incarcerated person, and whether the placement Policy states “Classification shall be would present management or security problems. A administered equitably and consistently, ☒ ☐ ☐ person’s own views with respect to their own safety shall without discrimination against any individual be given serious consideration. based on sex/gender, race, color, creed, culture, religion, background, physical impairments, sexual orientation, or national origin.” 1051 COMMUNICABLE DISEASES SCCDM 11.01 – Arrestee Admission for Booking The facility administrator, in cooperation with the SCCDM 11.05 – Use of Sobering Cells. responsible physician, shall develop written policies and ☒ ☐ ☐ Holding Cells, and Intake Lobby Chairs procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be SCCDM 11.01 – Arrestee Admission for made of the person being booked as to whether the Booking person has or has had any communicable diseases, such SCCDM 11.05 – Use of Sobering Cells. as tuberculosis or has observable symptoms of Holding Cells, and Intake Lobby Chairs tuberculosis or any other communicable diseases, or ☒ ☐ ☐ other special medical problem identified by the health Policy states “Persons who have or are authority. The response shall be noted on the medical suspected of a having a communicable screening from. disease will be segregated from other persons and placed in a Holding Cell alone pending direction from medical staff.” 1052 BEHAVIORAL CRISIS IDENTIFICATION SCCDM 11.01 – Arrestee Admission for Booking The facility administrator, in cooperation with the SCCDM 12.03 – Mental Health Services responsible physician, shall develop written policies and SCCDM 12.05 – Suicide Prevention procedures to identify and evaluate all incarcerated people who may be in behavioral crisis. Evaluation of The Main Jail has an Acute Psychiatric Care behavioral crisis may include telehealth. Unit. ☒ ☐ ☐ Incarcerated individual mental health referrals will be made in accordance with the Department’s medical screening policy. In addition, Booking/Intake staff will be responsible for initiating a mental health referral for any arrestee who displays behavior consistent with psychological problems or is known to have a history of psychological problems. If an evaluation from medical or mental health staff is not SCCDM 11.01 – Arrestee Admission for readily available, an incarcerated person shall be Booking considered in behavioral crisis for the purpose of this ☒ ☐ ☐ SCCDM 12.03 – Mental Health Services section if they appear to be a danger to themselves or SCCDM 12.05 – Suicide Prevention others or appear gravely disabled. An evaluation from medical or mental health staff shall be SCCDM 11.01 – Arrestee Admission for secured within 24 hours of identification or at the next Booking ☒ ☐ ☐ daily sick call, whichever is earliest. SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention Separation may be used if necessary, to protect the SCCDM 11.01 – Arrestee Admission for safety of the person in crisis or others. Booking ☒ ☐ ☐ SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 10 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEPARATION SCCDM 13.01 – Classification Policy, Goals, and Objectives Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ SCCDM 13.03 – Administrative Segregation develop and implement policies and procedures for the administrative separation of incarcerated people. Policies and procedures must include: SCCDM 13.01 – Classification Policy, Goals, (a) Administrative separation may consist of separate and Objectives housing but shall not involve any other deprivation of SCCDM 13.03 – Administrative Segregation privileges than is necessary to obtain the objective of protecting the welfare of incarcerated people and facility Policy states “Administrative Segregation is staff. not a punitive system. This type of ☒ ☐ ☐ segregation is not imposed as a punishment for specific acts. It should not incorporate any unnecessary restrictions or deprivations of privileges, except where required to maintain levels of safety and security within the facility.” (b) Administrative separation must not adversely affect SCCDM 13.01 – Classification Policy, Goals, an incarcerated person’s health. ☒ ☐ ☐ and Objectives SCCDM 13.03 – Administrative Segregation (c) Administrative separation may be used for SCCDM 13.01 – Classification Policy, Goals, incarcerated people who have: and Objectives (1) A documented history of activity or behavior, or SCCDM 13.03 – Administrative Segregation promoting such activity or behavior, that is criminal in nature, disruptive to facility operations, or affects the safety of the facility, other incarcerated people, and BSCC staff reviewed Administrative facility staff. Separation placements for the Elmwood (2) Influenced or participated in activity that is Women’s Facility from January 2023 through criminal in nature, disruptive to facility operations or October 2023. The documentation appeared ☒ ☐ ☐ affects the safety of the facility, other incarcerated to be thorough and complete. The people, and facility staff. documentation appeared to be compliant with (3) Committed assault, attempted assault, or this regulation. participated in a conspiracy to assault or harm other incarcerated persons or facility staff. (4) A history of escape or have recently attempted escape. (5) A demonstrated need for protection from other incarcerated people. (d) Documentation indicating the necessity of SCCDM 13.01 – Classification Policy, Goals, administrative separation to obtain the objective of and Objectives ☒ ☐ ☐ protecting the welfare of incarcerated people and facility SCCDM 13.03 – Administrative Segregation staff. (e) A documented individualized ongoing review and SCCDM 13.01 – Classification Policy, Goals, evaluation of the need to continue placement in ☒ ☐ ☐ and Objectives administrative separation. SCCDM 13.03 – Administrative Segregation 1055 USE OF SAFETY CELL SCCDM 9.47 – Use of Safety Cell 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 SCCDM 9.47 – Use of Safety Cell 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: 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 11 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a)In no case shall the safety cell be used for punishment SCCDM 9.47 – Use of Safety Cell or as a substitute for treatment. Policy states “The Safety Cell shall not be ☒ ☐ ☐ used to punish, discipline or retaliate; as a substitute for treatment; or any longer than necessary.” (b)A person shall be placed in a safety cell only with the SCCDM 9.47 – Use of Safety Cell approval of the facility manager or designee, or responsible health care staff; continued retention shall be Approval from a supervisor is required before reviewed a minimum of every four hours. an inmate is placed in the safety cell. The ☒ ☐ ☐ Watch Commander shall be notified as soon as practical after the safety cell is used and shall determine whether to continue the use of the safety cell (c)A medical assessment shall be completed as soon as SCCDM 9.47 – Use of Safety Cell 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 Policy states “Medical staff must assess the advanced treatment, or removal from the safety cell a inmate at the time of placement into a Safety minimum of every 24 hours thereafter. Cell and directly observe the inmate once every hour thereafter. In the event an inmate ☒ ☐ ☐ is confined in the Safety Cell for 24 hours (or anytime within that period staff feels it is required) he/she must be evaluated by a medical staff supervisor or doctor regardless of any other prior exam conducted. The inmate shall be medically cleared for continued retention every 24 hours thereafter.” (d) The facility manager, designee or responsible health SCCDM 9.47 – Use of Safety Cell 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 SCCDM 9.47 – Use of Safety Cell twice every 30 minutes, with no more than a 15-minute lapse between safety checks. Such observation shall be Policy states “An officer must directly observe documented. the inmate a minimum of 4 times per hour with such observation at least 10 minutes apart.” ☒ ☐ ☐ BSCC staff reviewed a random sampling of Safety Cell Placement reports for the Elmwood Women’s Facility from January 2023 through October 2023. The documentation appeared to be compliant with this regulation. (f) Procedures shall be established to assure SCCDM 9.47 – Use of Safety Cell ☒ ☐ ☐ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to SCCDM 9.47 – Use of Safety Cell 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. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 12 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL SCCDM 11.05 – Use of Sobering Cells, Holding Cells, and Intake Lobby Chairs. The sobering cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.4, shall be used for temporary holding of incarcerated people who are a threat to their own safety The Elmwood Women’s facility does not have or the safety of others due to their state of intoxication. sobering cells. A person shall be removed from the sobering cell as soon SCCDM 11.05 – Use of Sobering Cells, as they are able to continue the admission process or are ☐ ☐ ☒ Holding Cells, and Intake Lobby Chairs no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over SCCDM 11.05 – Use of Sobering Cells, six hours without an evaluation by medical or custody Holding Cells, and Intake Lobby Chairs staff to determine whether the person has an urgent ☐ ☐ ☒ medical problem, pursuant to section 1213 of these regulations. At 12 hours from the time of placement, all persons must SCCDM 11.05 – Use of Sobering Cells, receive an evaluation by responsible health care staff. Holding Cells, and Intake Lobby Chairs ☐ ☐ ☒ Intermittent direct visual observation of people held in the SCCDM 11.05 – Use of Sobering Cells, sobering cell shall be conducted no less than every half ☐ ☐ ☒ Holding Cells, and Intake Lobby Chairs hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES SCCDM 11.03 – Medical Screening at Intake SCCDM 12.01 – Medical Health Care The facility administrator, in cooperation with the Services responsible physician, shall develop written policies and SCCDM 12.03 – Mental Health Services procedures for the identification and evaluation, appropriate classification and housing, protection, and Upon entrance into the facility, the nondiscrimination of all incarcerated persons with arresting/transporting officer must escort the ☒ ☐ ☐ developmental disabilities. arrestee to the nurse's station, located at the booking counter, for a medical screening. The intake-booking nurse completes a medical interview and either clears the person to continue with the booking process or refuses acceptance until the person is medically cleared at the hospital. The health authority or designee shall contact the SCCDM 12.01 – Medical Health Care regional center for any incarcerated person suspected or Services confirmed to have a developmental disability for the ☒ ☐ ☐ SCCDM 12.03 – Mental Health Services purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop and implement BSCC staff reviewed a random sampling of written policies and procedures for the use of restraint Restraint Reports for the Elmwood Women’s devices. Restraint devices include any devices which Facility from January 2023 through October immobilize extremities or prevent the incarcerated 2023. The documentation appeared to be person from being ambulatory. The provisions of this compliant with this regulation. section do not apply to the use of handcuffs, shackles, or ☒ ☐ ☐ other restraint devices when used to restrain Policy states “If an inmate exhibits suicidal, incarcerated people for security reasons. The facility self-destructive, psychotic, or homicidal manager may delegate authority to place an incarcerated behavior at the time of intake, the Processing person in restraints to responsible health care staff. Officer shall immediately notify Mental Health Services and complete a Med/Psych Referral form.” 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 13 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) The policy shall address the following areas: SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ (1) acceptable restraint devices; SCCDM 9.01 – Use of Force and Restraints (2) signs or symptoms which should result in SCCDM 12.05 – Suicide Prevention immediate medical/mental health referral; availability SCCDM 9.01 – Use of Force and Restraints of cardiopulmonary resuscitation equipment; Policy states “All straps shall be physically ☒ ☐ ☐ checked to ensure they are properly secured and present no obvious physical signs of circulatory restriction to the inmate's extremities.” (3) protective housing of restrained persons; SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints (4) provision for hydration and sanitation needs; and, SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints Policy states “Inmates secured in the ☒ ☐ ☐ Restraint Chair shall not be denied beverages, or access to a bathroom (unless deemed unsafe and approved by the on- scene supervisor) and any of these occurrences shall be documented.” (5) exercising of extremities. SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints (b) Policy shall also include, but not be limited to, the SCCDM 12.05 – Suicide Prevention following requirements: SCCDM 9.01 – Use of Force and Restraints (1) In no case shall restraints be used for punishment ☒ ☐ ☐ or as a substitute for treatment. Policy states “Staff shall not use safety cells or safety devices to punish, discipline, or retaliate against inmates.” (2) Restraint devices shall only be used on SCCDM 12.05 – Suicide Prevention incarcerated people who display behavior which SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ results in the destruction of property or reveal an intent to cause physical harm to self or others. (3) Restraint devices should be used only when less SCCDM 12.05 – Suicide Prevention restrictive alternatives, including verbal de-escalation SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in SCCDM 12.05 – Suicide Prevention restraints only with the approval of the facility SCCDM 9.01 – Use of Force and Restraints manager, the facility watch commander, or ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ maintained until a medical opinion can be obtained. SCCDM 9.01 – Use of Force and Restraints (6) A medical opinion on placement and retention SCCDM 12.05 – Suicide Prevention shall be secured within one hour from the time of ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints placement. (7) A medical assessment shall be completed within SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ four hours of placement. SCCDM 9.01 – Use of Force and Restraints 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 14 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Continuous direct visual observation shall be SCCDM 12.05 – Suicide Prevention conducted at least twice every 30 minutes to ensure SCCDM 9.01 – Use of Force and Restraints that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated Policy states “At least once every fifteen (15) person. Such observation shall be documented. minutes, staff shall check the inmate and While in restraint devices all incarcerated persons document any comments regarding the shall be housed alone or in a specified housing area health and physical condition of the inmate. which makes provisions to protect the person from ☒ ☐ ☐ All straps shall be physically checked to abuse. ensure they are properly secured and present no obvious physical signs of circulatory restriction to the inmate's extremities. All observations and actions taken shall be documented on the ‘15 Minute Check Observation Log’ and the Daily Logbook.” (9) If the facility manager, or designee, in SCCDM 12.05 – Suicide Prevention consultation with responsible health care staff SCCDM 9.01 – Use of Force and Restraints determines that an incarcerated person cannot be ☒ ☐ ☐ safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use SCCDM 12.05 – Suicide Prevention the restraint device manufacturer’s recommended ☒ ☐ ☐ SCCDM 9.01 – Use of Force and Restraints maximum time limits for placement. (11) All events and information related to the SCCDM 12.05 – Suicide Prevention placement in restraints shall be documented and SCCDM 9.01 – Use of Force and Restraints shall be video recorded unless exigent circumstances prevent staff from doing so. The ☒ ☐ ☐ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Policy states “An inmate known to be procedures for the use of restraint devices on pregnant pregnant or in recovery after delivery shall not people. In accordance with Penal Code Section 3407, the be restrained using leg irons, waist chains, or policy shall include reference to the following: handcuffs behind the back.” (1) An incarcerated person known to be pregnant or SCCDM 12.05 – Suicide Prevention in recovery after delivery or termination of the SCCDM 9.01 – Use of Force and Restraints pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. Policy states “An inmate known to be pregnant or in recovery after delivery shall not be restrained using leg irons, waist chains, or handcuffs behind the body. Pregnant inmates ☒ ☐ ☐ will not be shackled or daisy-chained to other inmates. In situations where the movement/transport of a pregnant inmate requires the use of restraints, handcuffs will be used. The pregnant inmate will be handcuffed in the front so that if she falls, she will be able to break the fall with her hands.” 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 15 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) An incarcerated pregnant person in labor, during SCCDM 12.05 – Suicide Prevention delivery, or in recovery after delivery or termination SCCDM 9.01 – Use of Force and Restraints of the pregnancy, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for ☒ ☐ ☐ the safety and security of the incarcerated person, During the on-site inspection, BSCC staff the staff, or the public. spoke with pregnant incarcerated individuals. They confirmed that the agency was complying with this regulation. (3) Restraints shall be removed when a professional SCCDM 12.05 – Suicide Prevention who is currently responsible for the medical care of SCCDM 9.01 – Use of Force and Restraints 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 SCCDM 12.05 – Suicide Prevention pregnancy, they shall be advised, orally or in writing, SCCDM 9.01 – Use of Force and Restraints of the standards and policies governing incarcerated pregnant people. Policy states “Upon confirmation of an ☒ ☐ ☐ inmate's pregnancy, she shall be advised, orally or in writing, of the standards and policies governing pregnant inmates.” 1059 DNA COLLECTION, USE OF FORCE SCCDM 9.01 – Use of Force and Restraints SCCDM 13.05 – Penal Code 296 Compliance (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including peace officers, may employ reasonable force to ☒ ☐ ☐ collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of SCCDM 9.01 – Use of Force and Restraints reasonable force” shall be defined as the force that SCCDM 13.05 – Penal Code 296 Compliance an objective, trained and competent correctional ☒ ☐ ☐ employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded by SCCDM 9.01 – Use of Force and Restraints efforts to secure voluntary compliance. Efforts to SCCDM 13.05 – Penal Code 296 Compliance secure voluntary compliance shall be documented ☒ ☐ ☐ and include an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written SCCDM 9.01 – Use of Force and Restraints authorization of the facility watch commander or SCCDM 13.05 – Penal Code 296 Compliance designee on duty. The authorization shall include ☒ ☐ ☐ information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell SCCDM 9.01 – Use of Force and Restraints extraction, the extraction shall be videotaped, including SCCDM 13.05 – Penal Code 296 Compliance audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the ☒ ☐ ☐ length of time required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 16 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1061 EDUCATION PROGRAM SCCDM 18.01 – Program’s Unit Goals and Objectives The facility administrator of any Type II or III facility shall ☒ ☐ ☐ SCCDM 18.03 – Educational Programs and plan and shall request of appropriate public officials an Services education program for incarcerated persons. When such services are not made available by the SCCDM 18.01 – Program’s Unit Goals and appropriate public officials, then the facility administrator Objectives ☒ ☐ ☐ shall develop and implement an education program with SCCDM 18.03 – Educational Programs and available resources. Services Such a plan shall provide for the voluntary academic or SCCDM 18.01 – Program’s Unit Goals and vocational, or both, education of housed people. Objectives ☒ ☐ ☐ SCCDM 18.03 – Educational Programs and Services Reasonable criteria for program eligibility shall be SCCDM 18.01 – Program’s Unit Goals and established. Modified academic or vocational Objectives opportunities may be provided based on sound security ☒ ☐ ☐ SCCDM 18.03 – Educational Programs and practices or a person’s failure to abide by facility rules Services and regulations. 1062 VISITING SCCDM 17.01 – Inmate Social Visiting SCCDM 17.03 – Inmate Hospital Visits The facility administrator shall develop and implement SCCDM 17.15 – Video Conferencing and written policies and procedures, which include the Video Visiting following requirements: ☒ ☐ ☐ (a) A visiting program which shall provide for: (1) As many in-person visits and visitors as facility schedules, space, and number of personnel will allow. (2) A publicly posted schedule of facility visiting SCCDM 17.01 – Inmate Social Visiting hours. If practicable, visiting hours should be made SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ available on weekends, evenings, or holidays. SCCDM 17.15 – Video Conferencing and Video Visiting (3) For all incarcerated persons in Type II, III, and IV SCCDM 17.01 – Inmate Social Visiting facilities there shall be allowed no fewer than two SCCDM 17.03 – Inmate Hospital Visits visits totaling at least one hour per incarcerated SCCDM 17.15 – Video Conferencing and person each week. Video Visiting ☒ ☐ ☐ Policy states “Each inmate will be allowed no fewer than two visits totaling at least one hour per week, absent exigent circumstances.” (b) Visits may not be cancelled unless a legitimate SCCDM 17.01 – Inmate Social Visiting operational or safety and security concern exists. All SCCDM 17.03 – Inmate Hospital Visits cancelled visits must be documented. The facility ☒ ☐ ☐ SCCDM 17.15 – Video Conferencing and manager or designee shall regularly review cancelled Video Visiting visits and document such review. (c) The visiting policies developed pursuant to this SCCDM 17.01 – Inmate Social Visiting section shall include provision for visitation by minor SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ children of the incarcerated person. SCCDM 17.15 – Video Conferencing and Video Visiting (d) Video visitation may be used to supplement existing SCCDM 17.01 – Inmate Social Visiting visitation programs, but shall not be used to fulfill the SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ requirements of this section if in-person visitation is SCCDM 17.15 – Video Conferencing and requested by an incarcerated person. Video Visiting (e) Facilities shall not charge for visitation when visitors SCCDM 17.01 – Inmate Social Visiting are onsite and participating in either in-person or video SCCDM 17.03 – Inmate Hospital Visits visitation. For purposes of this subsection, “onsite” is ☒ ☐ ☐ SCCDM 17.15 – Video Conferencing and defined as the location where the incarcerated person is Video Visiting housed. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 17 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (f) Subdivision (d) shall not apply to facilities which (1) SCCDM 17.01 – Inmate Social Visiting exclusively used video visitation prior to January 1, 2017 SCCDM 17.03 – Inmate Hospital Visits or (2) had been designed without in-person visitation ☒ ☐ ☐ SCCDM 17.15 – Video Conferencing and space and conditionally awarded by the Board prior to Video Visiting June 27, 2017. (g) If a local detention facility offered video visitation only SCCDM 17.01 – Inmate Social Visiting as of January 1, 2017, the first hour of remote video SCCDM 17.03 – Inmate Hospital Visits ☒ ☐ ☐ visitation per week shall be offered free of charge. SCCDM 17.15 – Video Conferencing and Video Visiting Types and availability of visitation, including: Note: Reference PC § 6031.1(a)(4) (June 2017). Mode of visitation; In-person, non-contact, and video visitation at the Main Adult and Elmwood Facilities. Visitation hours; Visiting Days: Monday through Sunday (excluding Wednesday) Hours: Monday, Tuesday, Thursday, and Friday: • 0810 • 0920 • 1030 • 1400 • 1510 • 1620 Saturday and Sunday: • 0700 • 0810 • 0920 • 1030 • 1400 • 1510 • 1620 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 18 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Time inmates are allowed for visitation; and, The Main Jail and the Elmwood Correctional Facility utilize the same Online Visitor Registration (OVR) system. Therefore, your already established visiting account can be used to schedule visits at either facility. See Visiting registration below. Visiting rules vary slightly from the Elmwood Correctional Facility. Rules are posted at each facility. Visitors should educate themselves about the jail facility’s rules. Visits are accommodated on a first-come, first-served basis via the visiting OVR system. Visits may be canceled without prior notice due to facility emergencies or when an inmate has been relocated to another housing unit. If relocation occurs, visitors may reschedule another visit via the OVR system. Inmates may have two 60-minute visits per week. Up to two (2) adults may visit. Each adult will receive a 30-minute visit. Children – must be biologically related to the adult visitor or the inmate. A reasonable number of children may visit as long as they are constantly supervised and remain well- behaved. An original and/or notarized birth certificate is required for each child at the time of each visit. Children who are 18 years or older will be counted as adults and must have their account/register in the OVR system. Visitors must check in 30 minutes before the scheduled visit. Adult visitors are required to present valid government-issued picture I.D. photo identification, (Driver’s License, Green Card, Passport, Military I.D., or Mexican Consulate Card). ***The person registered in OVR must present the ID used to register. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 19 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Any restrictions on inmate visitation. A visitor who falsifies identifying information will be suspended or barred from the facility for a period of time determined by the Facility Commander or their designee (California Penal Code 4507.5). If a visitor is late, the visit will be canceled. Missing or canceling a scheduled visit counts as having a visit All visitors must wear shoes and clothing that are appropriate for visiting. Your visit will be canceled, and you will be denied entry into the facility if these rules are not followed. Any questions or clarification of these rules must be directed to the Information Desk Officer 1063 CORRESPONDENCE SCCDM 17.13 – Inmate Correspondence SCCDM 14.01 – Legal Rights of Inmates The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for correspondence which provide that: (a) there is no limitation on the volume of mail that an incarcerated person may send or receive; (b) an incarcerated person’s correspondence may be SCCDM 17.13 – Inmate Correspondence read when there is a valid security reason and the facility ☒ ☐ ☐ SCCDM 14.01 – Legal Rights of Inmates manager or designee approves; (c) jail staff shall not review an incarcerated person’s SCCDM 17.13 – Inmate Correspondence correspondence to or from state and federal courts, any SCCDM 14.01 – Legal Rights of Inmates member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may open and inspect such mail ☒ ☐ ☐ Policy states “Correspondence will be only to search for contraband, cash, checks, or money permitted between inmates and counsel, orders and in the presence of the incarcerated person; when properly identified as such, without any review by staff other than inspection for contraband.” (d)incarcerated persons may correspond, confidentially, SCCDM 17.13 – Inmate Correspondence ☒ ☐ ☐ with the facility manager or the facility administrator; and, SCCDM 14.01 – Legal Rights of Inmates (e) those incarcerated persons who are without funds SCCDM 17.13 – Inmate Correspondence shall be permitted at least four postage paid envelopes SCCDM 14.01 – Legal Rights of Inmates and eight sheets of paper each week to permit correspondence with family members and friends but ☒ ☐ ☐ without limitation on the number of postage paid envelopes and sheets of paper to their attorney and to the courts. 1064 LIBRARY SERVICES SCCDM 18.05 – Library Services The facility administrator shall develop written policies and procedures for library service in all Type II, III, and IV facilities. The scope of such service shall be determined by the facility administrator. The library service shall ☒ ☐ ☐ include access to the following resources via paper documents or through electronic media and include current information on community services and resources, and religious, educational, legal reference material and recreational reading material. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 20 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1065 EXERCISE AND OUT OF CELL TIME SCCDM 18.07 – Exercise and Recreation (a) The facility administrator of a Type II or III facility shall ☒ ☐ ☐ develop written policies and procedures for a minimum of 10 hours of out of cell time distributed over a period of seven days to include: (1) an opportunity for three hours of exercise and ☒ ☐ ☐ SCCDM 18.07 – Exercise and Recreation (2) an opportunity for seven hours of recreation. ☒ ☐ ☐ SCCDM 18.07 – Exercise and Recreation Policies shall include reasonable and necessary SCCDM 18.07 – Exercise and Recreation ☒ ☐ ☐ procedures to ensure safety and security. 1066 BOOKS, NEWSPAPERS, PERIODICALS, AND SCCDM 14.01 - Legal Rights of Inmates WRITINGS SCCDM 17.13 – Inmate Correspondence (a) The facility administrator of a Type II or III facility shall develop written policies and procedures which will permit incarcerated persons to purchase, receive and read any book, newspaper, periodical, or writing accepted for ☒ ☐ ☐ distribution by the United States Postal Service. The facility administrator shall develop and implement a written plan to make available a current newspaper or other like source, including a non-English language alternative, to ensure reasonable access to interested people. Nothing herein shall be construed as limiting the right of a facility administrator to: (1) exclude any publications or writings based on any SCCDM 14.01 - Legal Rights of Inmates ☒ ☐ ☐ legitimate penological interest; SCCDM 17.13 – Inmate Correspondence (2) exclude obscene publications or writings, and SCCDM 14.01 - Legal Rights of Inmates mail containing information concerning where, how, SCCDM 17.13 – Inmate Correspondence or from whom such matter may be obtained; and any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence; any ☒ ☐ ☐ matter of a character tending to incite crimes against children; any matter concerning unlawful gambling or an unlawful lottery; the manufacture or use of weapons, narcotics, or explosives; or any other unlawful activity; (3) open and inspect any publications or packages SCCDM 14.01 - Legal Rights of Inmates ☒ ☐ ☐ received by an incarcerated person; and SCCDM 17.13 – Inmate Correspondence (4) restrict the number of books, newspapers, SCCDM 14.01 - Legal Rights of Inmates periodicals, or writings the incarcerated person may SCCDM 17.13 – Inmate Correspondence ☒ ☐ ☐ have in their cell or elsewhere in the facility at one time. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 21 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE SCCDM 11.01 – Arrestee Admission for Booking The facility administrator shall develop written policies SCCDM 17.05 – Inmate Access to Telephone and procedures which allow access to a telephone or and Telecommunication Devices communication device beyond those telephone calls SCCDM 17.07 – Inmate Telephone which are required by Section 851.5 of the Penal Code. Monitoring System Individuals who are known to have, or are perceived by others as having hearing or speech impairments shall be ☒ ☐ ☐ provided access to the appropriate telecommunication device which will facilitate communication. Such devices may include but are not limited to videophones, teletypewriters, or third-party communications assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESS TO COURTS AND COUNSEL SCCDM 17.11 – Inmate Attorney and Official Visits 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: (a) unlimited mail as provided in Section 1063 of these SCCDM 17.11 – Inmate Attorney and Official ☒ ☐ ☐ regulations, and, Visits (b)confidential consultation with attorneys. SCCDM 17.11 – Inmate Attorney and Official ☒ ☐ ☐ Visits 1069 ORIENTATION SCCDM 11.21 – Inmate Processing and Orientation (a)In Type II, III, and IV facilities, the facility administrator Inmate Orientation and Rule Book shall develop written policies and procedures for the ☒ ☐ ☐ Inmate Orientation Video implementation of a program for people newly admitted to the facility designed to orient them at the time of The video and handbook are provided at each placement in a living area. facility in various languages. Both written and verbal information shall be provided and SCCDM 11.21 – Inmate Processing and may be supplemented with video orientation. Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video Provision shall be made to provide accessible orientation SCCDM 11.21 – Inmate Processing and information to each person, including those with Orientation ☒ ☐ ☐ disabilities, limited literacy, or those with limited English Inmate Orientation and Rule Book proficiency (LEP). Inmate Orientation Video Such a program shall be published and include, but not SCCDM 11.21 – Inmate Processing and be limited to, the following: Orientation ☒ ☐ ☐ (1) correspondence, visiting, and telephone usage Inmate Orientation and Rule Book rules; Inmate Orientation Video (2)rules and disciplinary procedures; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (3)grievance procedures; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (4) programs and activities available and method of SCCDM 11.21 – Inmate Processing and application; Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 22 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (5) medical and mental health services; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (6) classification/housing assignments; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (7) court appearance where scheduled, if known; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (8) voting, including registration; SCCDM 11.21 – Inmate Processing and Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (9) zero tolerance policy against sexual abuse and SCCDM 11.21 – Inmate Processing and sexual harassment; and, Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video (10) availability of personal care items and SCCDM 11.21 – Inmate Processing and opportunities for personal hygiene. Orientation ☒ ☐ ☐ Inmate Orientation and Rule Book Inmate Orientation Video 1070 INDIVIDUAL/FAMILY SERVICE PROGRAMS SCCDM 18.01 – Program Unit’s Goals and Objectives The facility administrator of a Type II, III, or IV facility shall SCCDM 18.11 – Social Services develop written policies and procedures which facilitate SCCDM 18.15 – Correctional Industries cooperation with appropriate public or private agencies ☒ ☐ ☐ for individual or family social service programs for incarcerated persons. Such a program shall utilize the services and resources available in the community and may be in the form of a resource guide or actual service delivery. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 23 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The range and source of such services shall be at the SCCDM 18.01 – Program Unit’s Goals and discretion of the facility administrator and may include: Objectives (a) risk and needs assessments; SCCDM 18.11 – Social Services (b) best practices in: SCCDM 18.15 – Correctional Industries (1) individual, group or family counseling; (2) drug and alcohol abuse counseling; (3) cognitive behavioral interventions; Programs at the Elmwood Men’s Facility (4) vocational testing and counseling; include: (5) employment counseling; (6) discharge and reentry planning; • Five Keys (c) referral to community resources and programs; • CIC Ministries (d) reentry planning and service development; • Life Skills – HealthRight360 (e) legal assistance; • Milpitas Adult Education – Process (f) regional center services for the developmentally Addition disabled; and, ☒ ☐ ☐ • Poetry and Journaling Recovery (g) community volunteers. • Goodwill – Breaking the Chains of Trauma • STEPS – Self-Esteem and Co- Dependency • Ohlone College – Digital Media • Evergreen Valley College – Automotive Lecture and Lab • San Jose City College – Welding, Blueprint to Success, Google Apprenticeship, and Chemical Dependency • Foothill College – Horticulture and Veterinarian Assistant 1071 VOTING SCCDM 14.11 – Inmate Voting The facility administrator of a Type I (holding sentenced incarcerated workers) II, III or IV facility shall develop ☒ ☐ ☐ written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES SCCDM 18.09 – Religious Programs and Services The facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures to provide ☒ ☐ ☐ opportunities for incarcerated persons to participate in religious services, practices, and counseling on a voluntary basis. 1073 GRIEVANCE PROCEDURE SCCDM 14.05 – Inmate Grievance Process (a) Each administrator of a Type II, III, or IV facility and Type I facilities which hold incarcerated workers shall BSCC staff reviewed a random sampling of develop written policies and procedures whereby all grievances for the Elmwood Women’s Facility incarcerated persons have the opportunity and ability to from January 2023 through October 2023. submit and appeal grievances relating to any conditions The documentation appeared to be compliant ☒ ☐ ☐ of confinement, including but not limited to: medical care; with this regulation. classification actions; disciplinary actions; program participation; telephone, mail, and visiting procedures; While on-site BSCC staff spoke with and food, clothing, and bedding. incarcerated individuals who were able to Such policies and procedures shall include: explain the grievance process and expressed that the process was fair and not delayed in resolving their matter. (1) a grievance form; ☒ ☐ ☐ SCCDM 14.05 – Inmate Grievance Process 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 24 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) instructions for registering and appealing a SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ grievance, including relevant deadlines; (3) a process for submission and handling of SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ anonymous grievances; (4) resolution of the grievance at the lowest SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ appropriate staff level; (5) appeal to the next level of review; SCCDM 14.05 – Inmate Grievance Process Policy states “Inmates may only submit one ☒ ☐ ☐ (1) appeal per grievance. An appeal by an inmate must be submitted within thirty (30) calendar days of receiving the written result or the appeal will be denied.” (6) written reasons for denial of grievance at each SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ level of review which acts on the grievance; (7) provision for a non-automated initial response SCCDM 14.05 – Inmate Grievance Process within a reasonable time limit which shall not exceed a period of 15 calendar days; While on-site BSCC staff spoke with ☒ ☐ ☐ incarcerated individuals who were able to explain the grievance process and expressed that the process was fair and not delayed in resolving their matter. (8) provision for resolving questions of jurisdiction SCCDM 14.05 – Inmate Grievance Process ☒ ☐ ☐ within the facility; (9) provision for providing a copy of the grievance, SCCDM 14.05 – Inmate Grievance Process appeal, response, and related documents to the ☒ ☐ ☐ incarcerated person; and, (10) The facility manager or designee shall conduct SCCDM 14.05 – Inmate Grievance Process regular review of grievances, responses, and ☒ ☐ ☐ appeals. (b) Grievance System Abuse: SCCDM 14.05 – Inmate Grievance Process The facility may establish written policy and procedure to ☒ ☐ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY ACTIONS SCCDM 11.21 – Inmate Processing and Orientation Wherever discipline is administered, each facility SCCDM 13.15 – Disciplinary Housing administrator shall establish written rules and disciplinary SCCDM 15.01 – Inmate Discipline Process actions to guide the conduct of incarcerated persons. ☒ ☐ ☐ Inmate Orientation and Rule Book Notes: If discipline IS NOT administered, written policy should indicate as such. If discipline IS administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply SCCDM 11.21 – Inmate Processing and and affirmatively and posted conspicuously in housing Orientation units and the booking area or issued to each person upon SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ booking. SCCDM 15.01 – Inmate Discipline Process Inmate Orientation and Rule Book For those individuals with limited literacy, who are unable SCCDM 11.21 – Inmate Processing and to read English, and for persons with disabilities, Orientation provision shall be made for the jail staff to instruct them SCCDM 13.15 – Disciplinary Housing ☒ ☐ ☐ verbally or provide them with material in an SCCDM 15.01 – Inmate Discipline Process understandable form regarding jail rules and disciplinary Inmate Orientation and Rule Book procedures and actions. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 25 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR DISCIPLINE OF INCARCERATED SCCDM 15.01 – Inmate Discipline Process PERSONS Inmate Orientation and Rule Book Each facility administrator shall develop written policies and procedures for discipline of incarcerated persons. The plan shall include, but not be limited to, the following elements: ☒ ☐ ☐ (a)Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules SCCDM 15.01 – Inmate Discipline Process or repetitive minor acts of non-conformance or repetitive Inmate Orientation and Rule Book 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. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book 2.Placement in disciplinary separation. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book 3.Loss of privileges mandated by regulations. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book A staff member with investigative and disciplinary SCCDM 15.01 – Inmate Discipline Process authority shall be designated as a disciplinary officer to Inmate Orientation and Rule Book impose such consequences. Policy states “The hearing officer will be a Sergeant or Lieutenant designated by the Division Captain who attends infraction ☒ ☐ ☐ hearings; reviews charges; completes investigation of facts and when necessary determines and imposes disciplinary sanctions for inmates who are found to have committed Department, facility, or criminal rule violation.” Staff shall not participate in disciplinary review if they are SCCDM 15.01 – Inmate Discipline Process involved in the charges. ☒ ☐ ☐ Inmate Orientation and Rule Book Such charges pending against an incarcerated person SCCDM 15.01 – Inmate Discipline Process shall be acted on with the following provisions and within Inmate Orientation and Rule Book specified timeframes: ☒ ☐ ☐ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 26 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 2. Unless declined by the incarcerated person, a SCCDM 15.01 – Inmate Discipline Process hearing shall be provided no sooner than 24 hours Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process appear on their own behalf at the time of hearing and Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process hours after an incarcerated person has been ☒ ☐ ☐ Inmate Orientation and Rule Book informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary SCCDM 15.01 – Inmate Discipline Process charges by the disciplinary officer, the charges and Inmate Orientation and Rule Book ☒ ☐ ☐ the action taken shall be reviewed by the facility manager or designee. 6. The incarcerated person shall be advised in a SCCDM 15.01 – Inmate Discipline Process written statement by the fact-finders about the Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process supervisor on all disciplinary action. Inmate Orientation and Rule Book Policy states “All disciplinary actions will be ☒ ☐ ☐ reviewed by the Division Captain or designee who shall not be the Hearing Officer. He or she may affirm, reduce, or dismiss discipline but it cannot be increased.” 1082 FORMS OF DISCIPLINE SCCDM 15.01 – Inmate Discipline Process Inmate Orientation and Rule Book The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of BSCC staff reviewed a random sampling of discipline shall consist of, but not be limited to, the discipline reports for the Elmwood Women’s following: Facility from January 2023 through October (a) Loss of privileges. ☒ ☐ ☐ 2023. The documentation appeared to be (b) Extra work detail. compliant with this regulation. (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. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 27 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY ACTIONS SCCDM 15.01 – Inmate Discipline Process Inmate Orientation and Rule Book The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation. ☒ ☐ ☐ Additionally, there shall be the following limitations: (a)Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1)If a person is on disciplinary separation status for SCCDM 15.01 – Inmate Discipline Process 30 consecutive days there shall be a review by the Inmate Orientation and Rule Book facility manager before the disciplinary separation status is continued. This review shall include a Policy states “If an inmate is in Disciplinary consultation with health care staff. Such reviews shall Housing status for 30 consecutive days, the continue at least every fifteen days thereafter until ☒ ☐ ☐ Division Captain shall review the inmate's the disciplinary status has ended. This review shall status before the Disciplinary Housing status be documented. is continued. This review shall include consultation with medical staff and will continue every 15 days thereafter until the disciplinary status has ended.” (2)The disciplinary separation cells or cell shall have SCCDM 15.01 – Inmate Discipline Process the minimum furnishings and space specified in Title Inmate Orientation and Rule Book 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles Policy states “Inmates in Disciplinary Housing 13 and 14 of these regulations and shall not be shall be issued clothing and bedding as deprived of them through any portion of the day specified in Articles 12 and 13 of Title 24 and except that those incarcerated persons who engage shall not be deprived of them through any in the destruction of bedding or clothing may be ☒ ☐ ☐ portion of the day except that those inmates deprived of such articles. The decision to deprive a who engage in the destruction of bedding or person of such articles of clothing and bedding shall clothing may be deprived of such articles. The be reviewed by the facility manager or designee decision to deprive inmates of such articles of during each 24-hour period. clothing and bedding shall be reviewed by the Watch Commander every 24 hours and shall be documented on an employee's report to the Division Captain.” (3) If after placement in separation, mental health or SCCDM 15.01 – Inmate Discipline Process medical staff determine that an individual has serious Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process or group of incarcerated people to exercise the right of Inmate Orientation and Rule Book 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, SCCDM 15.01 – Inmate Discipline Process Part 2, 1231.2.5, or any restraint device be used for ☒ ☐ ☐ Inmate Orientation and Rule Book disciplinary purposes. (d) No incarcerated person may be deprived of the SCCDM 15.01 – Inmate Discipline Process implements necessary to maintain an acceptable level of Inmate Orientation and Rule Book ☒ ☐ ☐ personal hygiene as specified in Section 1265 of these regulations. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 28 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e)Food shall not be withheld as a disciplinary measure. SCCDM 15.01 – Inmate Discipline Process ☒ ☐ ☐ Inmate Orientation and Rule Book (f) Correspondence privileges shall not be withheld SCCDM 15.01 – Inmate Discipline Process except in cases where the incarcerated person has Inmate Orientation and Rule Book 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 SCCDM 15.01 – Inmate Discipline Process suspended as a disciplinary measure. ☒ ☐ ☐ Inmate Orientation and Rule Book 1084 DISCIPLINARY RECORDS SCCDM 15.01 – Inmate Discipline Process Penal Code Section 4019.5 requires that a record is kept ☒ ☐ ☐ of all disciplinary actions administered therefore. This BSCC staff confirmed that copies of discipline requirement may be satisfied by retaining copies of rule records have been kept in compliance with violation reports and report of the disposition of each. this regulation. 1206.5 MANAGEMENT OF COMMUNICABLE SCCDM 10.37 – Exposure Control Plan for DISEASES IN A CUSTODY SETTING Bloodborne Pathogens (a) The responsible physician, in conjunction with the facility administrator and the county health officer, shall develop a written plan to address the identification, treatment, control and follow-up management of tuberculosis and other communicable diseases. The plan ☒ ☐ ☐ shall cover the intake screening procedures, identification of relevant symptoms, referral for a medical evaluation, treatment responsibilities during incarceration and coordination with public health officials for follow-up treatment in the community. The plan shall reflect the current local incidence of communicable diseases which threaten the health of incarcerated people and staff. (b) Consistent with the above plan, the health authority SCCDM 10.37 – Exposure Control Plan for shall, in cooperation with the facility administrator and the Bloodborne Pathogens county health officer, set forth in writing, policies and procedures in conformance with applicable state and ☒ ☐ ☐ federal law, which include, but are not limited to: (1) The types of communicable diseases to be reported; (2) The persons who shall receive the medical SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ reports; Bloodborne Pathogens (3) Sharing of medical information with incarcerated SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ persons and custody staff; Bloodborne Pathogens (4) Medical procedures required to identify the SCCDM 10.37 – Exposure Control Plan for presence of disease(s) and lessen the risk of ☒ ☐ ☐ Bloodborne Pathogens exposure to others; (5)Medical confidentiality requirements; SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ Bloodborne Pathogens (6) Housing considerations based upon behavior, SCCDM 10.37 – Exposure Control Plan for medical needs, and safety of the affected ☒ ☐ ☐ Bloodborne Pathogens incarcerated persons; (7)Provisions for consent by an incarcerated person SCCDM 10.37 – Exposure Control Plan for ☒ ☐ ☐ that address the limits of confidentiality; and, Bloodborne Pathogens 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 29 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Reporting and appropriate action upon the SCCDM 10.37 – Exposure Control Plan for possible exposure of custody staff to a ☒ ☐ ☐ Bloodborne Pathogens communicable disease. 1211 SICK CALL SCCDM 12.01 – Medical Health Care services The facility administrator, in cooperation with the health authority, shall develop written policies and procedures, ☒ ☐ ☐ which provide daily sick call for all incarcerated persons or provision made that any incarcerated person requesting medical/mental health attention be given such attention. 1240 FREQUENCY OF SERVING SCCDM 8.03 Food Service Safety Compliance In Temporary Holding, Type I, II, and III facilities, and SCCDM 8.07 – Inmate Meals those Type IV facilities where food is served, food shall be served three times in any 24-hour period. At least one of these meals shall include hot food. Supplemental food Policy states “Meals will be served at 0400 ☒ ☐ ☐ must be served to incarcerated persons if more than 14 hours, 1030 hours, and 1600 hours daily and hours pass between evening and morning meals. not earlier. A minimum of fifteen minutes will Additionally, supplemental food must be served to people be allowed for the actual consumption of each on medical diets in less than the time period outlined meal. Serving times are approximate and above, if prescribed by the responsible physician. subject to change due to facility emergencies or exigent circumstances.” A minimum of fifteen minutes shall be allowed for the SCCDM 8.03 Food Service Safety actual consumption of each meal except for those on Compliance ☒ ☐ ☐ medical diets where the responsible physician has SCCDM 8.07 – Inmate Meals prescribed additional time. Provisions shall be made for incarcerated persons who SCCDM 8.03 Food Service Safety may miss a regularly scheduled facility meal. They shall Compliance be provided with a substitute meal and beverage, and on ☒ ☐ ☐ SCCDM 8.07 – Inmate Meals medical diets shall be provided with their prescribed meal. 1260 STANDARD INSITUTIONAL CLOTHING SCCDM 16.03 – Inmate Clothing, Bedding, and Linens The standard issue of climatically suitable clothing to incarcerated people held after arraignment in all but ☒ ☐ ☐ Court Holding, Temporary Holding, and Type IV facilities shall include, but not be limited to: (a)Clean socks and footwear; (b)Clean outergarments; and, SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (c)Clean undergarments; SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (1)For males – shorts and undershirt, and SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (2)For females – bra and two pairs of panties. SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens The person’s personal undergarments and footwear may SCCDM 16.03 – Inmate Clothing, Bedding, be substituted for the institutional undergarments and and Linens footwear specified in this regulation. This option ☒ ☐ ☐ notwithstanding, the facility has the primary responsibility to provide the personal undergarments and footwear. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 30 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS All issued and exchanged clothing shall be clean and free SCCDM 16.03 – Inmate Clothing, Bedding, of holes or tears, reasonably fitted, durable, easily and Linens laundered and repaired. Undergarments shall be clean, free of holes or tears, and substantially free of stains. ☒ ☐ ☐ Individuals shall be able to select the garment type more compatible with their gender identity and gender expression. 1264 CONTROL OF VERMIN IN PERSONAL SCCDM 16.01 – Sanitation Inspections and CLOTHING Housekeeping Plan There shall be written policies and procedures developed by the facility administrator to control contamination ☒ ☐ ☐ and/or spread of vermin in all incarcerated people’s personal clothing. Infested clothing shall be cleaned, disinfected, or stored in a closed container so as to eradicate or stop the spread of vermin. 1265 ISSUE OF PERSONAL CARE ITEMS SCCDM 16.05 – Inmate Hygiene There shall be written policies and procedures developed ☒ ☐ ☐ by the facility administrator for the issue of personal hygiene items. Each menstruating person shall be provided with sanitary SCCDM 16.05 – Inmate Hygiene napkins, panty liners, and tampons as requested with no maximum allowance. While onsite, BSCC staff noticed that the ☒ ☐ ☐ facility was missing panty liners. Staff ordered the missing item and provided it before the inspection was completed. Compliant with this regulation. Each person to be held over 24 hours who is unable to SCCDM 16.05 – Inmate Hygiene supply themself with the following personal care items, because of either indigency or the absence of a canteen, ☒ ☐ ☐ shall be issued: (a)Toothbrush, (b)Dentifrice, ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene (c)Soap, ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene (d)Comb, and ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene (e)Shaving implements. ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene Personal care items shall be issued within the first 12 SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ hours of housing assignment. Incarcerated persons shall not be required to share any SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ personal care items listed in items “a” through “d.” Incarcerated people will not share disposable razors. ☒ ☐ ☐ SCCDM 16.05 – Inmate Hygiene Double edged safety razors, electric razors, and other SCCDM 16.05 – Inmate Hygiene shaving instruments capable of breaking the skin, when shared among incarcerated people, must be disinfected between individual uses by the method prescribed by the ☒ ☐ ☐ State Board of Barbering and Cosmetology in Sections 979 and 980, Division 9, Title 16, California Code of Regulations. 1266 SHOWERING SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ There shall be written policies and procedures developed by the facility administrator for showering/bathing. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 31 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Incarcerated persons shall be permitted to shower/bathe SCCDM 16.05 – Inmate Hygiene upon assignment to a housing unit and at least every ☒ ☐ ☐ other day or more often if possible. Absent exigent circumstances, no person shall be SCCDM 16.05 – Inmate Hygiene prohibited from showering at least every other day following assignment to a housing unit. If showering is ☒ ☐ ☐ prohibited, it must be approved by the facility manager or designee, and the reason(s) for prohibition shall be documented. 1267 HAIR CARE SERVICES SCCDM 16.05 – Inmate Hygiene ☒ ☐ ☐ (a)Hair care services shall be available. (b) Except those who may not shave for reasons of SCCDM 16.05 – Inmate Hygiene identification in court, incarcerated people shall be allowed to shave daily and receive hair care services at ☒ ☐ ☐ least once a month. The facility administrator may suspend this requirement in relation to people who are considered to be a danger to themselves or others. (c) Equipment shall be disinfected, after each use, by a SCCDM 16.05 – Inmate Hygiene method approved by the State Board of Barbering and Cosmetology to meet the requirements of Title 16, ☒ ☐ ☐ Division 9, Sections 979 and 980, California Code of Regulations. 1270 STANDARD BEDDING AND LINEN ISSUE SCCDM 16.03 – Inmate Clothing, Bedding, and Linens 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; SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (c)one towel; and, SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ and Linens (d) one blanket or more depending up on climatic SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ conditions. and Linens Policy and procedure shall require that items (a), (b), and SCCDM 16.03 – Inmate Clothing, Bedding, ☒ ☐ ☐ (d)above be provided prior to the first night in the facility. and Linens Two blankets or sleep bag may be issued in place of one SCCDM 16.03 – Inmate Clothing, Bedding, mattress cover or one sheet at the request of the ☒ ☐ ☐ and Linens incarcerated person. 1280 FACILITY SANITATION, SAFETY, AND SCCDM 16.01 – Sanitation Inspections and MAINTENANCE Housekeeping Plan 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. Medical care housing as described in Title 24, Part 2, SCCDM 16.01 – Sanitation Inspections and Section 1231.2.14, shall be cleaned and sanitized Housekeeping Plan ☒ ☐ ☐ according to policies and procedures established by the health authority. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 32 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in this facility? No juveniles are held in this facility. If yes, the following sections, including those ☐ ☒ ☐ summarized in Title 15, Article 8, apply (Minors in Jails). Note: Reference PC § 207.1(b), 207.6, 707.1. 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles are not confined or detained in any facility in ☐ ☐ ☒ which they have contact with adult prisoners. Note: Reference WIC § 208. 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. 1101 RESTRICTIONS ON CONTACT WITH INCARCERATED ADULTS The facility administrator shall establish policies and procedures to restrict sight and sound contact, as ☐ ☐ ☒ defined in Section 1006, between detained minors and adults confined in the facility. The policies and procedures should consider trauma-informed approaches in protecting minors from contact. 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. 1102 CLASSIFICATION The facility administrator shall develop and implement a ☐ ☐ ☒ written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include the following: (a) a procedure for receiving and transmitting information regarding minors who present a risk or hazard to self or others while confined at the facility, and ☐ ☐ ☒ the separation of such minors to the extent possible within the limits of the facility. (b) a procedure to provide care for any minor who appears to be in need of or who requests medical, mental health, or developmental disability treatment. ☐ ☐ ☒ Written procedures shall be established by the responsible health administrator in cooperation with the facility administrator. (c) a suicide prevention program designed to identify, monitor, and provide treatment to those minors who ☐ ☐ ☒ present a suicide risk. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 33 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) provide that minors be housed separately from adults and not be allowed to come or remain in contact ☐ ☐ ☒ with adults except as provided in Section 208(c) of the Welfare and Institutions Code. 1103 RELEASE PROCEDURES Facility staff shall notify the parents or guardians prior to ☐ ☐ ☒ the release of a minor. The minor's personal clothing and valuables shall be returned to the minor, parents or guardian, upon the minor's release or consent. 1104 SUPERVISION OF MINORS The facility administrator shall develop and implement ☐ ☐ ☒ policy and procedures that provide for: (a) continuous around-the-clock supervision of minors with assurance that staff can hear and respond; and, (b) safety checks of minors at least once every 30 minutes. These safety checks shall include the direct visual observation of movement and skin. Safety checks shall not be replaced, but may be supplemented by, an ☐ ☐ ☒ audio/visual electronic surveillance system designed to detect overt, aggressive, or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented. 1105 RECREATIONAL PROGRAMS The facility administrator shall develop written policies and procedures to provide a recreation program that ☐ ☐ ☒ shall protect the welfare of minors and incarcerated adults, recognize facility security needs and comply with minimum jail standards for recreation (California Code of Regulations, Title 15, Section 1065). 1106 DISCIPLINARY PROCEDURES Nothing in this regulation shall prevent the administrator from removing a detained minor from the general population or program for reasons of the minor's mental or physical health; or under any circumstances in which ☐ ☐ ☒ the safety of the minor, incarcerated adults, staff, the program or community is endangered, pending a disciplinary action or review. With the exceptions noted below, the provisions of Section 1080-1084 shall apply when a minor is involved in disciplinary actions. (a) Pursuant to Welfare and Institutions Code Section 208.3, minors may not be placed in room confinement ☐ ☐ ☒ for disciplinary purposes. (b) Permitted forms of discipline include: ☐ ☐ ☒ (1) temporary loss of privileges; and, (2) loss of privileges mandated by applicable ☐ ☐ ☒ regulations. (c) Access to visitation and recreation shall be restricted only after a second level review by a supervisor or ☐ ☐ ☒ manager and shall not extend beyond five days without subsequent review. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 34 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Prohibited forms of discipline include: ☐ ☐ ☒ (1) discipline that does not fit the violation; (2) corporal punishment; ☐ ☐ ☒ (3) discipline imposed by incarcerated persons; ☐ ☐ ☒ (4) placement in safety cells, sobering cells, or any other cell not specifically designated for the ☐ ☐ ☒ detention of minors; (5) deprivation of food; and, ☐ ☐ ☒ (6) room confinement. ☐ ☐ ☒ 1120 EDUCATION PROGRAM FOR MINORS IN JAILS Whenever a minor is held in a Type II or III facility, the ☐ ☐ ☒ facility administrator shall coordinate with the County Department of Education or County Superintendent of Schools to provide education programs as required by Section 48200 of the Education Code. 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the ☐ ☐ ☒ facility administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☐ ☒ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery or termination of the pregnancy shall ☐ ☐ ☒ not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor 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 a minor's pregnancy, they shall be advised, orally or in writing, of the ☐ ☐ ☒ standards and policies governing pregnant minors. 5180 Santa Clara Elmwood Complex Women’s Facility II PRO 23-24 Page 35 of 35 A353 Type II & III PRO eff. 4/2023 (23-24).dot (rev. 12/23) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5180 FACILITY: Elmwood Complex – Women’s Facility TYPE: II RC: 633 FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/16/2023 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 W-3 INTAKE – (not currently utilized.) Facility process transfers from main jail and commitments. Holding areas 6 & 7 are lobby-style seating areas. 1 & 2 Safety 1980 2 - (1) (2) 6.5’ x 8.5’ 1 - - - - 3 Soberin 1980 1 - (4) (4) 10.2’ x 8.9’ 1 - 1 1 - g Notes: Prior LASE listed RC as 5, however, footage limits are to (4) – changed 98-00 inspection. 4 Holding 1980 1 - (4) (4) 7.9’ x 9.0’ 1 - 1 1 - Notes: 5 Holding 1980 1 - (4) (4) 7.1’ x 9.0’ 1 - 1 1 - Notes: Prior LASE states 7’ bench limits capacity. 8 Holding 1980 1 - (4) (4) 7.0’ x 11.7’ 1 - 1 1 - Notes: 7-foot bench limits capacity. W-1 – (not currently utilized.) Used for minimum security housing. Safety 1963 1 - 1 (1) 7.0' X 8.0' 1 - - - - Dorm 1 Dorm 1963 1 42 26 26 18.5' X 66.0 X 6 - 7 1 4 11.0' Notes: Unclear how RC was established, cubic foot requirement limits capacity to 26. Dorm 2 Dorm 1963 1 40 26 26 18.5' X 66.0 X 6 - 7 1 4 11.0' Notes: Unclear how RC was established, cubic foot requirement limits capacity to 26. jm SPECIAL USE SOUTH – (not currently utilized) enclosed area. C 1-6 Single 1963 6 1 1 6 7.5' X 8.5’ X 11.0' 1 - 1 1 * Notes: Single occupancy cells. One shower in the unit for these six cells’ use. Prior LASE indicated these cells were double-bunked. They were single bunked 98-00 cycle. SPECIAL USE (Felony West) Safety 1963 1 - (1) (1) 7.0' X 8.0' 1 - - - - Notes: Flush ring toilet. C 1-14 Single 1963 14 1 1 14 7.5' X 8.5’ X 11.0' 1 - 1 1 * Notes: Variance for double occupancy denied 9-13-78. P.C. Housing. Cell #s duplicates the C1-6 above. Two showers are available in the unit for occupants. Prior LASE listed these cells as being double-bunked. They were single bunked 98- 00 cycle. *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. 5180 Santa Clara Elmwood Complex Women’s Facility II LASE 23-24 - 1 - A360 LAS Adult.dot (9/98) 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 WDD OBSERVATION (not currently utilized.) Obs Single 1963 3 1 (1) (3) 7.4' X 8.5’ X 10.0' 1 - 1 1 - Notes: Prior LASE listed there being 4 single observation cells. There are only 3 in this area. Holding 1963 1 - 5 (5) 7.3' X 7.4’ X 10.0' 1 - 1 1 - Notes: Prior LASE listed 18’`bench – no bench in cell; did contain 6 plastic chairs. Holding 1963 1 - 5 (5) 8.2' X 7.6’ X 10.0' 1 - 1 1 - Notes: 20-foot bench; verify seating next cycle – currently used for storage. Holding 1963 1 - 5 (5) 8.2' X 6.4’ X 10.0' 1 - 1 1 - Notes: 20-foot bench; verify seating next cycle – currently used for storage. WOMEN’S MINIMUM MW- Dorm 1986 1 30 11 11 17.3' X 33.0' 6 - 6 1 3 South Notes: Prior LASE indicated it was used as a classroom but had included it as part of the rated capacity. 98/00 cycle used for housing. Unclear how RC was established. Under either 1980 multiple occupancy room or 1986 dorm-housing standards, required footage per inmate is 50 sq. ft. Based on dimensions above, RC should be 11. The footage does not address dayroom requirements. Additionally, 1980 standards did not provide for dorm housing. As housing footage requirement is the same per inmate under 1980 Multiple and 1986 Dorm, changed listing from 1980 Dorm to 1986 Dorm this cycle. This is based on the maximum capacity for multiple (16) versus dorm (64), and the previously assigned RC. jm MW- Dorm 1986 1 30 11 11 17.3' X 33.0' 6 - 6 1 3 North Notes: Unclear how RC was established. Under either 1980 multiple occupancy room or 1986 dorm-housing standards, required footage per inmate is 50 sq. ft. Based on dimensions above, RC should be 11. The footage does not address dayroom requirements. Additionally, 1980 standards did not provide for dorm housing. As housing footage requirement is the same per inmate under 1980 Multiple and 1986 Dorm, changed listing from 1980 Dorm to 1986 Dorm this cycle. This is based on the maximum capacity for multiple (16) versus dorm (64), and the previously assigned RC. jm W4 – building consists of 3 housing areas: A-C. W4 A-Housing – exercise yard adjacent to unit. A Single 1980 31 1 1 31 7.0' X 11.0' 1 - 1 1 2 Double 1980 16 2 2 32 7.0' X 11.0' A-Iso Single 1980 2 1 1 2 7.0' X 11.9' 1 - 1 1 2 Notes: Can use showers in general A-Housing area. Single rooms 10-11 was combing for ADA. B Single 1980 48 1 1 32 7.0' X 11.0' 1 - 1 1 4 Double 1980 16 2 2 32 7.0' X 11.0' 1 - 1 1 B-Iso Single 1980 2 1 1 2 7.0' X 11.9' 1 - 1 1 4 Notes: Can use showers in general A-Housing area. W4 C-Housing – contains 3 separate and distinct housing areas (1-3). C1 Single 1980 16 1 1 16 6.9’ X 10.3’ 1 - 1 1 2 Notes: Dayroom has 1 shower upstairs; 1 shower downstairs. *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. 5180 Santa Clara Elmwood Complex Women’s Facility II LASE 23-24 - 2 - A360 LAS Adult.dot (9/98) 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 C2 Single 1980 16 1 1 16 6.9’ X 10.3’ 1 - 1 1 2 C3 Single 1980 16 1 1 16 6.9’ X 10.3’ 1 - 1 1 2 COURT STAGING Staging 1980 1 (16) (16) 410 sq ft 1 1 1 Notes: Add to the LASE during the 2012-2014 cycle, this Court staging cell has 2 exits and contains 6 benches at 108 inches each. The single toilet limits capacity to 16. W-2 HOUSING Notes: Building has 2 sides for housing; each side contains 3 pods each. Side 1 contains pods A-C; Side 2 contains pods D-F. RC raised by adding living area to dayroom space. Each dormitory measure 5,716 sq ft. Although each dormitory can house up to 64, RC is limited to 60 due to shower ratio. STATION 1 A Dorm 1986 1 72 60 60 5716 sq ft 6 - 7 1 3 B Dorm 1986 1 74 60 60 5716 sq ft 6 - 7 1 3 C Dorm 1986 1 62 60 60 5716 sq ft 6 - 7 1 3 STATION 2 D Dorm 1986 1 84 60 60 5716 sq ft 6 - 7 1 3 E Dorm 1986 1 84 60 60 5716 sq ft 6 - 7 1 3 F Dorm 1986 1 84 60 60 5716 sq ft 6 - 7 1 3 SPECIAL USE – cells located in the W2 building Holding 1980 2 - 3 (6) 8.5' X 5.7' 2 - 2 2 - Notes: One located near each housing workstation. 5.6’ bench. Seating limits capacity. Prior LASE listed RC as (4) per cell, changed to (3) 98/00 cycle. *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. 5180 Santa Clara Elmwood Complex Women’s Facility II LASE 23-24 - 3 - A360 LAS Adult.dot (9/98) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT TYPE I, II, III AND IV FACILITIES Applicable Title 24 Regulations: 3/80; 8/86; 5/88; 1/91 BSCC Code: 5180 FACILITY NAME: Elmwood Complex - Women’s Facility FACILITY TYPE: II APPLICABLE REGULATIONS (Check All That 3/80: X 8/86: X 5/88: 1/91: OTHER: 1963 Apply): FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/16/2023 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Water fountain accessible X Wash basin accessible X Provides clear visual supervision X Telephone accessible X Weapons Locker (3.12) X External to the security area and equipped with individual compartments, locks and keys Temporary Staging Cell or Room (2.3) X A Court Staging Cell has existed for years; however, it was added to the LASE during the 1-91: Added provision for temporary staging cells- 2010-2014 inspection cycle. rooms Holds inmates classified and segregated per Title 15 § 1050 and § 1053 Limited to holding inmates up to 4 hours X Maximum capacity of no more than 80 inmates X Contains 10 square feet of floor space per inmate and X has a ceiling height of at least 8 feet No smaller than 160 square feet X Contains seating to accommodate all inmates X Contains water closet, wash basin and drinking X fountain Provides unobstructed visual supervision of inmates X by staff Sobering Cells (2.4) X 01: Name change to “sobering cell” Contain 20 square feet of floor per inmate Limited to no more than 8 inmates X No smaller than 60 square feet X Contain toilet X 5140 Santa Clara Elmwood Complex Women’s Facility II PHY 23-24 - 1 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Contain washbasin X Contain drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Provide easy, unobstructed visual observation X Padding on the floor X Shower-Delousing Room (3.4) X Available in reception/booking Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Safety Cells (2.5) X Two safety cells in W3/Intake area are under 1980 standards: and two safety cells in W1 Contain 48 square feet with one floor dimension at are under 1963 Standards. least 6 feet and ceiling height of at least 8 feet Limited to no more than one inmate X Contain flush ring toilet with controls located outside X the cell Padded floor, door and walls X Equipped with variable intensity, security light, X Applies to W3 cells only. inaccessible to occupant Vertical view panel not more than 4 inches wide and at X Applies to W3 cells only. least 24 inches long, in or adjacent to the door Provide a food pass with lockable shutter no more X Applies to W3 cells only. than 4 inches high and located at least 30 inches above the floor Single Occupancy Cells (2.6) X Maximum capacity of one inmate Contain a minimum of 60 square feet of floor area in X Type I facilities and 70 square feet in Type II and III facilities Have a minimum ceiling height of 8 feet X Contain toilet, washbasin and drinking fountain X Contain a bunk, desk and seat (Desk and seat not X This does not apply to the old cells. required in Type I in later, less restrictive 1986 standards) Multiple Occupancy Cells (8227) X 8-86: Deleted provision for multiple occupancy cells Contain 35 square feet per person Limited to no more than 8 inmates X No smaller than 100 square feet X Minimum ceiling height of 8 feet X Water closet separate from washbasin and drinking X fountain 5140 Santa Clara Elmwood Complex Women’s Facility II PHY 23-24 - 2 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Sufficient bunks to accommodate each occupant X Provide storage space for each occupant's personal X items Multiple Occupancy Rooms (8229) X 8-86: Deleted provision for multiple occupancy rooms Limited to housing persons in Type III and IV facilities and workers in Type I and II facilities Contain 50 square feet of floor area per person and a X minimum of 8 feet ceiling height Limited to no more than 16 persons X Access to toilets separate from washbasins (ratio 1:8) and drinking fountains Provide storage space for each occupant's personal X items Double Occupancy Cells (2.7) X 5-88: Added provision for double occupancy cells Maximum capacity of two inmates Contain a minimum of 60 square feet of floor space in X Type I facilities and 70 square feet in Type II and III facilities Have a minimum ceiling height of 8 feet and one floor X dimension at least 6 feet Contain toilet, washbasin and drinking fountain X Contain 2 bunks, 1 desk and seat (Desk and seat not X required in Type I facilities) Dormitories (2.8) X 8-86: Provision for dormitories added Contain 50 square feet of floor area per inmate and a minimum of 8 feet ceiling height Be designed for no fewer than 8 and no more than 64 X inmates Facilities having a total rated capacity of 80 inmates or X less, may design dormitories for no fewer than 4 inmates Access to toilets separate from washbasins (ratio 1:8) X and drinking fountains 01: Ratio changed to 1:10 Provide storage space for each inmates' personal X items Dayrooms (2.9) X The requirement was deleted in 1999. 8-86: Added requirement for 3 foot wide corridors in front of cells-rooms 99: Corridor requirement deleted 35 square feet of floor area per inmate X Contain tables and seating to accommodate the X maximum number of inmates served Access to toilets, washbasins and drinking fountains X 5140 Santa Clara Elmwood Complex Women’s Facility II PHY 23-24 - 3 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS available to all inmates in Type II and III facilities (excluding special use cells) and to workers in Type I facilities Shower (3.4) X . Available on a ratio of 1:16 01: Ratio changed to 1:20 Lighting (3.6) X Sufficient to permit easy reading. Night lighting is sufficient to allow good supervision. 8-86: Specifies at least 20 foot-candles at desk level and in grooming areas, with night lighting not to exceed 5 foot-candles Beds-Bunks (3.5) X 30 inches wide and 76 inches long Comfortable Living Environment [102(c)6] X A comfortable living environment is maintained through an adequate heating and cooling system. Exercise Area -Type II, III and WA IV (2.10) X At least one exercise area must contain a minimum of 900 square feet 8-86: Outdoor exercise area provided X 8-86: Clear height of 15 feet with required surface X area meeting a formula of: 80% of maximum rated inmate population and number of one-hour exercise periods per day = required surface area Program Space - Type II and III (2.11) X Sufficient area and furnishings to meet the needs of the facility programs Dining Facilities (2.17) X Inmates eat in their housing units. 15 square feet per inmate being fed Toilets, washbasins and showers are not in the same X room or not in view of inmate dining Visiting (2.18) X Sufficient visiting area Contact visits whenever possible for minimum security X inmates Attorney Interviews (2.26) X Provide for confidential attorney consultation 5140 Santa Clara Elmwood Complex Women’s Facility II PHY 23-24 - 4 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Safety Equipment Storage (2.19) X Adequate space is provided for storage of equipment such as fire extinguishers, SCBA, emergency lights, etc. Janitor Closet (2.20) X Located in security areas lockable, containing a mop sink and storage space Storage Rooms (2.21) X Sufficient space to accommodate inmate property, bedding and supplies Audio or Video Monitoring System -NA Type IV X (2.22) Audio monitoring system capable of alerting staff in a central control Video monitoring in corridors, main entries and/or exits X and programs or activity areas Fire Detection and Alarm System [102(c)6] X Automatic fire alarm system capable of alerting staff in a central control point Emergency Power (2.24) X Available to provide minimal lighting, maintain communications, alarm, fire, life and security systems Provide Space for: X Barber/beauty shop(2.15) 8-86: Limit requirement to Type II and III facilities 99: Requirement deleted Canteen (2.16) X 8-86: Added for II, III & IV facilities Confidential Interview Rooms (2.25) X 8-86: Added for Type II facilities 5140 Santa Clara Elmwood Complex Women’s Facility II PHY 23-24 - 5 - A381 PHY Type 80 86 88 91.dot (03/01) COURT HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5200 FACILITY NAME: SANTA CLARA FAMILY JUSTICE CENTER FACILITY TYPE: CHJ PERSON(S) INTERVIEWED: CAPTAIN DANIEL RODRIGUEZ FIELD REPRESENTATIVE: MATTHEW SCHULER DATE: DECEMBER 15, 2023 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY SCCCM C1.10 – Courts Training/Training HOLDING FACILITY TRAINING Officers At a minimum, all supervisors of and personnel who supervise incarcerated persons in, a Court Holding or Temporary Holding facility shall complete eight hours of specialized corrections training. Such training shall The BSCC Standards and Training for include, but not be limited to: Corrections (STC) division found the agency (a) applicable minimum jail standards; in compliance with applicable regulations (b) jail operations liability; during the 2023/24 compliance monitoring (c) separation of incarcerated persons; cycle. (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 SCCCM 1.10 – Courts Training/Training in any event not more than six months after the date of Officers assigned responsibility. Successful completion of Core training or supplemental Core training, pursuant to Jail Operations is a component of Basic Section 1020, Corrections Officer Core Course, may be Academy. An ongoing refresher training is ☒ ☐ ☐ substituted for the initial eight hours of training. conducted within two years of graduation from the Basic Academy or within six months upon return to the Court Security Division from outside of the courts or custody division. A total of eight hours of refresher training shall be SCCCM 1.10 – Courts Training/Training completed every two years. Successful completion of the Officers ☒ ☐ ☐ requirements in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 1 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL SCCCM 5.10 – Court Staffing SCCDM 1.25 – Staffing 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. Whenever there is a person in custody, there shall be at SCCCM 5.10 – Court Staffing least one employee on duty at all times in a local SCCDM 1.25 – Staffing detention facility or in the building which houses a local ☒ ☐ ☐ detention facility who shall be immediately available and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties which SCCCM 5.10 – Court Staffing would conflict with the supervision and care of ☒ ☐ ☐ SCCDM 1.25 – Staffing incarcerated people in the event of an emergency. Whenever one or more females are in custody, there SCCCM 5.10 – Court Staffing shall be at least one female employee who shall be SCCDM 1.25 – Staffing immediately available and accessible to such females. Note: Reference PC § 4021. ☒ ☐ ☐ At least one female staff member is present and available to respond when requested. While on-site BSCC staff noticed several female staff members working within the Courts. In order to determine if there is a sufficient number of SCCDM 1.25 – Staffing personnel for a specific facility, the facility administrator SCCCM 5.10 – Court Staffing shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a ☒ ☐ ☐ staffing plan shall be reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS SCCDM 9.39 – Inmate Supervision The facility administrator shall develop and implement policy and procedures for conducting safety checks that include, but are not limited to, the following: ☒ ☐ ☐ (a) Safety checks will determine the safety and well-being of individuals and shall be conducted at least hourly through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse SCCDM 9.39 – Inmate Supervision between safety checks. BSCC staff reviewed a random sampling of Court Security safety check documents from January 2023 through October 2023. The ☒ ☐ ☐ documentation appeared to be compliant with this regulation. The policy states “Staff will observe inmates at least once every 60 minutes or more frequently when warranted.” (c) Safety checks for people in sobering cells, safety cells, SCCDM 9.39 – Inmate Supervision and restraints shall occur more frequently as outlined in ☒ ☐ ☐ section 1055, section 1056, and section 1058 of these regulations. 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 2 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Safety checks shall occur at random or varied SCCDM 9.39 – Inmate Supervision ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the SCCDM 9.39 – Inmate Supervision 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 SCCDM 9.39 – Inmate Supervision occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff SCCDM 9.39 – Inmate Supervision ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are SCCDM 9.39 – Inmate Supervision reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF SCCDM 1031 – Fire Prevention/Inspections Whenever there is a person in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the Board for general fire and life safety. [Penal Code section 6030(c)]. The facility manager shall ensure that there is at least one SCCDM 1031 – Fire Prevention/Inspections person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL2 Santa Clara County Department of Corrections Policy and Procedures Manual Facility administrator(s) shall develop and publish a (SCCDM) manual of policy and procedures for the facility. The policy and procedures manual shall address all County of Santa Clara - Office of the Sheriff - applicable Title 15 and Title 24 regulations and shall be Court Security Division Procedures Manual comprehensively reviewed and updated at least every ☒ ☐ ☐ (SCCCM) 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. Subsection (d) does not apply and has been deleted. (a) The manual shall provide for, but not be limited to, the SCCCM 2.00 – Organizational Chart following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility SCCCM 3.15 – Court Security Inspections ☒ ☐ ☐ administrator/manager. and Operations (3) Policy on the use of force that meets current state SCCDM 9.01 – Use of Force and Restraints and federal legal requirements and includes ☒ ☐ ☐ prohibition of the use of carotid restraint and choke Policy states in part that prohibited techniques holds. include carotid restraint and choke holds. (4) Policy on the use of restraint equipment, including SCCCM 5.00 – Use of Restraint Equipment in the restraint of pregnant persons as referenced in ☒ ☐ ☐ Courts Penal Code Section 3407. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 3 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) Security and control including physical counts and SCCDM 9.33 – Inmate Counts searches of the facility and incarcerated persons, SCCDM 9.39 – Inmate Supervision contraband control, and key control. Each facility administrator shall, at least annually, Security checks are conducted by staff at the review, evaluate, and make a record of security ☒ ☐ ☐ beginning of each shift and at 2300 hours measures. The review and evaluation shall include each day. internal and external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: SCCCM 9.60 – Fire Prevention/Inspections (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; (B) escape, disturbances, and the taking of SCCCM 9.10 – Inmate Escape ☒ ☐ ☐ hostages; (C) mass arrests; ☒ ☐ ☐ SCCCM 9.40 – Mass Arrests (D) natural disasters; ☒ ☐ ☐ SCCCM 9.12 – Emergency Evacuations (E) periodic testing of emergency equipment; SCCDM 9.19 – Armory Operations and ☒ ☐ ☐ and, Security Equipment (F) storage, issue, and use of weapons, SCCCM 3.50 - Use of Less Lethal Munitions ammunition, chemical agents, and related ☒ ☐ ☐ security devices. (8) Suicide Prevention. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (9) Separation of incarcerated persons. SCCDM 13.01 – Classification Policy, Goals, ☒ ☐ ☐ and Objectives SCCDM 13.03 – Administrative Segregation (10) Zero tolerance in the prevention of sexual abuse SCCDM 14.15 – Prison Rape Elimination Act ☒ ☐ ☐ and sexual harassment. (PREA) (11) Policy and procedure to detect, prevent, and SCCDM 14.15 – Prison Rape Elimination Act respond to retaliation against any staff or person after reporting any abuse. ☒ ☐ ☐ The policy states “All reports of sexual misconduct and the investigations are deemed confidential.” (12) Release policy, including release planning for SCCDM 14.15 – Prison Rape Elimination Act ☒ ☐ ☐ incarcerated persons. (c) The manual for court holding facilities shall include all SCCDM 14.15 – Prison Rape Elimination Act of the procedures listed in subsection (a), except number ☒ ☐ ☐ (5) (which has been deleted). (e) The manual for Temporary Holding, Court Holding, SCCDM 14.15 – Prison Rape Elimination Act Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for incarcerated people to privately report sexual abuse and sexual ☒ ☐ ☐ harassment, retaliation by other incarcerated persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, SCCDM 14.15 – Prison Rape Elimination Act family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ During the on-site inspection BSCC staff harassment. The method for reporting shall be noticed PREA postings throughout the publicly posted at the facility. court’s holding areas and the facility’s lobby. 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 4 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1030 SUICIDE PREVENTION PROGRAM SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility The Suicide Prevention Program is initiated administrator or designee, in conjunction with the health ☒ ☐ ☐ during the booking process. 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 SCCDM 12.03 – Mental Health Services personnel. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (b) Intake screening for suicide risk immediately upon SCCDM 12.03 – Mental Health Services intake and prior to housing assignment. SCCDM 12.05 – Suicide Prevention The policy states “All potentially suicidal inmates will be referred to Mental Health Services. Any inmates exhibiting suicidal, self-destructive, psychotic, or homicidal ☒ ☐ ☐ behavior will be moved to a readily observable area and placed on a suicide watch. Correctional staff shall immediately complete a Med/Psych Referral form and document welfare checks at least every fifteen (15) minutes on an Inmate Observation Record.” (c) Suicide prevention screening during special SCCDM 12.03 – Mental Health Services situations, including placement in restrictive housing, SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among SCCDM 12.03 – Mental Health Services arresting/transporting officers, facility staff, court staff, SCCDM 12.05 – Suicide Prevention medical and mental health personnel in relation to suicide risk. (e) Housing recommendations for people at risk of suicide SCCDM 12.03 – Mental Health Services that balance safety and environment. The least restrictive ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention environment should be considered. (f) Supervision depending on level of suicide risk. SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (g) Suicide attempt and suicide intervention policies and SCCDM 12.03 – Mental Health Services procedures. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (h) Provisions for reporting suicides and suicides SCCDM 12.03 – Mental Health Services attempts. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (i) Multi-disciplinary administrative review of suicides and SCCDM 12.03 – Mental Health Services attempted suicides as defined by the facility SCCDM 12.05 – Suicide Prevention administrator, including the development of a corrective ☒ ☐ ☐ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 5 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (k) Plan for mental health consultation following return SCCDM 12.03 – Mental Health Services from court as determined by the mental health director. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention 1032 FIRE SUPPRESSION PREPLANNING SCCCM 9.60 – Fire Prevention/Inspections 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 SCCCM 9.60 – Fire Prevention/Inspections fire department to be included as part of the policy and ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff SCCCM 9.60 – Fire Prevention/Inspections basis with two year retention of the inspection record; BSCC staff reviewed the monthly facility ☒ ☐ ☐ inspection logs. The fire prevention inspections are included in this report. The retention of records is compliant with this regulation. (c) fire prevention inspections as required by Health and SCCCM 9.60 – Fire Prevention/Inspections Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; Last Date of Inspection: 10-21-2023 (d) an evacuation plan; and, ☒ ☐ ☐ SCCCM 9.60 – Fire Prevention/Inspections (e) a plan for the emergency housing of incarcerated SCCCM 9.60 – Fire Prevention/Inspections people in the case of fire. ☒ ☐ ☐ During an evacuation of the court facility, all incarcerated individuals will be returned to the jail facilities. 1044 INCIDENT REPORTS SCCCM 6.30 - Reporting of Incidents 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 incarcerated person of a detention facility or other person. Such records shall include the names of the persons SCCCM 6.30 - Reporting of Incidents involved, a description of the incident, the actions taken, and the date and time of the occurrence. BSCC staff reviewed a random sampling of ☒ ☐ ☐ incident reports for court services from January 2023 through October 2023. The documentation appeared to be compliant with this regulation. Such a written record shall be prepared by the staff SCCCM 6.30 - Reporting of Incidents assigned to investigate the incident and submitted to the ☒ ☐ ☐ facility manager or designee. 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 6 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY SCCDM 12.09 – Inmate Deaths SCCCM 5.40 – Inmate Deaths (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ensure that there is an initial review of ☒ ☐ ☐ every in-custody death within 30 days. The review team at a minimum shall include the facility administrator or designee, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the SCCDM 12.09 – Inmate Deaths appropriateness of clinical care; whether changes to SCCCM 5.40 – Inmate Deaths ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. (b) Death of a Minor SCCDM 12.09 – Inmate Deaths In any case in which a minor dies while detained in a jail, SCCCM 5.40 – Inmate Deaths lockup, or court holding facility: (1) The administrator of the facility shall provide to the Juveniles are not held in these court facilities. ☐ ☒ Board a copy of the report submitted to the Attorney Juvenile offenders are brought directly into General under Government Code Section 12525. A the courtroom and directly out of the facility by copy of the report shall be submitted within 10 Probation. calendar days after the death. (2) Upon receipt of a report of death of a minor from SCCDM 12.09 – Inmate Deaths the administrator, the Board may within 30 calendar SCCCM 5.40 – Inmate Deaths days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this Juveniles are not held in these court subchapter. Any inquiry made by the Board shall be facilities. limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN SCCCM 5.50 – Processing Remands SCCDM 13.01 – Classification Policy, Goals, (b) Each administrator of a court holding facility shall and Objectives establish and implement a written plan designed to provide for the safety of staff and people held and housed If a remanded individual has never been in at the facility. The plan shall include receiving and ☒ ☐ ☐ custody prior, they will be separated from all transmitting of information regarding incarcerated other incarcerated individuals until the persons who represent unusual risk or hazard while booking process and medical questionnaire confined at the facility, and the separation of such have been completed. persons to the extent possible within the limits of the court holding facility. (c) In deciding housing and programming assignments, SCCCM 5.50 – Processing Remands the agency shall consider on a case-by-case basis SCCDM 13.01 – Classification Policy, Goals, whether a placement would ensure the health and safety and Objectives of the incarcerated person, and whether the placement ☒ ☐ ☐ would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES SCCCM 5.50 – Processing Remands The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 7 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be SCCCM 5.50 – Processing Remands made of the person being booked as to whether the person has or has had any communicable diseases, such as tuberculosis or has observable symptoms of ☒ ☐ ☐ tuberculosis or any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION SCCCM 5.50 – Processing Remands The facility administrator, in cooperation with the Incarcerated individual mental health referrals responsible physician, shall develop written policies and will be made in accordance with the procedures to identify and evaluate all incarcerated Department’s medical screening policy. In people who may be in behavioral crisis. Evaluation of ☒ ☐ ☐ addition, Booking/Intake staff will be behavioral crisis may include telehealth. responsible for initiating a mental health referral for any arrestee who displays behavior consistent with psychological problems or is known to have a history of psychological problems. If an evaluation from medical or mental health staff is not SCCCM 5.50 – Processing Remands readily available, an incarcerated person shall be 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 SCCCM 5.50 – Processing Remands secured within 24 hours of identification or at the next ☒ ☐ ☐ daily sick call, whichever is earliest. Separation may be used if necessary, to protect the SCCCM 5.50 – Processing Remands safety of the person in crisis or others. ☒ ☐ ☐ SCCDM 11.01 – Arrestee Admission for Booking 1053 ADMINISTRATIVE SEPARATION SCCCM 5.50 – Processing Remands SCCDM 13.01 – Classification Policy, Goals, Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ and Objectives develop and implement policies and procedures for the SCCDM 13.03 – Administrative Segregation administrative separation of incarcerated people. Policies and procedures must include: SCCCM 5.50 – Processing Remands (a) Administrative separation may consist of separate SCCDM 13.01 – Classification Policy, Goals, housing but shall not involve any other deprivation of and Objectives privileges than is necessary to obtain the objective of SCCDM 13.03 – Administrative Segregation protecting the welfare of incarcerated people and facility staff. ☒ ☐ ☐ Policy states “Administrative Segregation is Note: Subsections (b) through (e) do not apply and have not a punitive system. This type of been deleted. segregation is not imposed as a punishment for specific acts. It should not incorporate any unnecessary restrictions or deprivations of privileges, except where required to maintain levels of safety and security within the facility.” 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 8 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTAL DISABILITIES SCCCM 5.50 – Processing Remands SCCDM 11.03 – Medical Screening at Intake The facility administrator, in cooperation with the SCCDM 12.01 – Medical Health Care responsible physician, shall develop written policies and Services procedures for the identification and evaluation, SCCDM 12.03 – Mental Health Services appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with Upon entrance into the facility, the developmental disabilities. ☒ ☐ ☐ arresting/transporting officer must escort the arrestee to the nurse's station, located at the booking counter, for a medical screening. The intake-booking nurse completes a medical interview and either clears the person to continue with the booking process or refuses acceptance until the person is medically cleared at the hospital. The health authority or designee shall contact the SCCCM 5.50 – Processing Remands regional center for any incarcerated person suspected or SCCDM 11.03 – Medical Screening at Intake confirmed to have a developmental disability for the SCCDM 12.01 – Medical Health Care ☒ ☐ ☐ purposes of diagnosis or treatment within 24 hours of Services such determination, excluding holidays and weekends. SCCDM 12.03 – Mental Health Services 1058 USE OF RESTRAINT DEVICES SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop and implement BSCC staff reviewed a random sampling of written policies and procedures for the use of restraint Court Security Restraint Reports from devices. Restraint devices include any devices which January 2023 through October 2023. The immobilize extremities or prevent the incarcerated person documentation appeared to be compliant with from being ambulatory. The provisions of this section do ☒ ☐ ☐ this regulation. not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated The policy states ”If an inmate exhibits people for security reasons. The facility manager may suicidal, self-destructive, psychotic, or delegate authority to place an incarcerated person in homicidal behavior at the time of intake, the restraints to responsible health care staff. Processing Officer shall immediately notify Mental Health Services and complete a Med/Psych Referral form.” (a) The policy shall address the following areas: SCCDM 12.05 – Suicide Prevention (1) acceptable restraint devices; SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ (2) signs or symptoms which should result in SCCDM 12.05 – Suicide Prevention immediate medical/mental health referral; availability SCCDM 9.01 – Use of Force and Restraints of cardiopulmonary resuscitation equipment; Policy states “All straps shall be physically ☒ ☐ ☐ checked to ensure they are properly secured and present no obvious physical signs of circulatory restriction to the inmate's extremities. ” (3) protective housing of restrained persons; SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ (4) provision for hydration and sanitation needs; and, SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 9 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (5) exercising of extremities. SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ (b) Policy shall also include, but not be limited to, the SCCDM 12.05 – Suicide Prevention following requirements: SCCDM 9.01 – Use of Force and Restraints (1) In no case shall restraints be used for punishment or as a substitute for treatment. ☒ ☐ ☐ Policy states ”Staff shall not use safety cells or safety devices to punish, discipline, or retaliate against inmates.” (2) Restraint devices shall only be used on SCCDM 12.05 – Suicide Prevention incarcerated people who display behavior which SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ results in the destruction of property or reveal an intent to cause physical harm to self or others. (3) Restraint devices should be used only when less SCCDM 12.05 – Suicide Prevention restrictive alternatives, including verbal de-escalation SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in SCCDM 12.05 – Suicide Prevention restraints only with the approval of the facility SCCDM 9.01 – Use of Force and Restraints manager, the facility watch commander, or ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be SCCDM 12.05 – Suicide Prevention maintained until a medical opinion can be obtained. SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ (6) A medical opinion on placement and retention SCCDM 12.05 – Suicide Prevention shall be secured within one hour from the time of SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ placement. (7) A medical assessment shall be completed within SCCDM 12.05 – Suicide Prevention four hours of placement. SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ (8) Continuous direct visual observation shall be SCCDM 12.05 – Suicide Prevention conducted at least twice every 30 minutes to ensure SCCDM 9.01 – Use of Force and Restraints that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated The policy states ”At least once every fifteen person. Such observation shall be documented. (15) minutes, staff shall check the inmate and While in restraint devices all incarcerated persons document any comments regarding the health shall be housed alone or in a specified housing area and physical condition of the inmate. All ☒ ☐ ☐ which makes provisions to protect the person from straps shall be physically checked to ensure abuse. they are properly secured and present no obvious physical signs of circulatory restriction to the inmate's extremities. All observations and actions taken shall be documented on the ‘15 Minute Check Observation Log’ and the Daily Logbook.” (9) If the facility manager, or designee, in consultation SCCDM 12.05 – Suicide Prevention with responsible health care staff determines that an SCCDM 9.01 – Use of Force and Restraints incarcerated person cannot be safely removed from ☒ ☐ ☐ restraints after eight hours, the person shall be taken to a medical facility for further evaluation. 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 10 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (10) Where applicable, the facility manager shall use SCCDM 12.05 – Suicide Prevention the restraint device manufacturer’s recommended SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ maximum time limits for placement. (11) All events and information related to the SCCDM 12.05 – Suicide Prevention placement in restraints shall be documented and SCCDM 9.01 – Use of Force and Restraints shall be video recorded unless exigent circumstances prevent staff from doing so. The ☒ ☐ ☐ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ The policy states ”A inmate known to be procedures for the use of restraint devices on pregnant pregnant or in recovery after delivery shall not people. In accordance with Penal Code Section 3407, the be restrained using leg irons, waist chains, or policy shall include reference to the following: handcuffs behind the back.” (1) An incarcerated person known to be pregnant or SCCDM 12.05 – Suicide Prevention in recovery after delivery or termination of the SCCDM 9.01 – Use of Force and Restraints pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. The policy states ”An inmate known to be pregnant or in recovery after delivery shall not be restrained using leg irons, waist chains, or handcuffs behind the body. Pregnant inmates ☒ ☐ ☐ will not be shackled or daisy-chained to other inmates. In situations where the movement/transport of a pregnant inmate requires the use of restraints, handcuffs will be used. The pregnant inmate will be handcuffed in the front so that if she falls, she will be able to break the fall with her hands.” (2) An incarcerated pregnant person in labor, during SCCDM 12.05 – Suicide Prevention delivery, or in recovery after delivery or termination of SCCDM 9.01 – Use of Force and Restraints the pregnancy, shall not be restrained by the wrists, ☒ ☐ ☐ ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (3) Restraints shall be removed when a professional SCCDM 12.05 – Suicide Prevention who is currently responsible for the medical care of SCCDM 9.01 – Use of Force and Restraints 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 SCCDM 12.05 – Suicide Prevention pregnancy, they shall be advised, orally or in writing, SCCDM 9.01 – Use of Force and Restraints of the standards and policies governing incarcerated pregnant people. The policy states ”upon confirmation of an ☒ ☐ ☐ inmate's pregnancy, she shall be advised, orally or in writing, of the standards and policies governing pregnant inmates.” 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 11 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1068 ACCESS TO COURTS AND COUNSEL SCCDM 17.11 – Inmate Attorney and Official Visits 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. SCCDM 17.11 – Inmate Attorney and Official Visits ☒ ☐ ☐ While on-site during the physical inspection, BSCC staff witnessed incarcerated individuals meeting with their counsel. 1280 FACILITY SANITATION, SAFETY, AND SCCDM 16.01 – Sanitation Inspections and MAINTENANCE Housekeeping Plan 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. 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 12 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in this facility? Juveniles are not held in these court facilities. Juvenile offenders are brought If yes, the following sections, including those summarized directly into the courtroom and directly out of ☐ ☒ ☐ in Title 15, Article 10, apply (Minors in Court Holding the facility by Probation. Facilities). 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. 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the ☐ ☒ ☐ facility administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☒ ☐ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor 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 minor 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 minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, ☐ ☒ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☒ ☐ and policies governing pregnant minors. 1161 CONDITIONS OF DETENTION Court holding facilities shall be designed to provide the ☐ ☒ ☐ following: (a) Separation of minors from adults in accordance with Section 208 of the Welfare and Institutions Code. (b) Separation of minors in accordance with an ☐ ☒ ☐ established classification plan. (c) Secure non-public access, movement within and egress. If the same entrance/exit is used by both minors ☐ ☒ ☐ and adults, movements shall be scheduled in such a manner that there is no opportunity for contact. 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 13 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An existing court holding facility built in accordance with construction standards at the time of construction shall be considered as being in compliance with this article unless the condition of the structure is determined by the appropriate authority to be dangerous to life, health, or ☐ ☒ ☐ welfare of minors. Upon notification of noncompliance with this section, the facility administrator shall develop and submit a plan for corrective action to the Board within 90 days. 1162 SUPERVISION OF MINORS A sufficient number of personnel shall be employed in each facility to permit unscheduled safety checks of all ☐ ☒ ☐ minors at least twice every 30 minutes, and to ensure the implementation and operation of the activities required by these regulations. There shall be a written plan that includes the documentation and review of safety checks. 1163 CLASSIFICATION The administrator of a court holding facility shall establish and implement a written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include receiving and transmitting of information ☐ ☒ ☐ regarding minors who represent a risk or hazard to self or others while confined at the facility, and the separation of such minors to the extent possible within the limits of the court holding facility, and for the separation of minors from any adults confined there as required by Section 208 of the Welfare and Institutions Code. 5200 Santa Clara Family Justice Center CHJ PRO 23-24 Page 14 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 5200 FACILITY: Santa Clara Family Justice Center TYPE: CHJ RC: 202 FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/15/2023 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 Basement (Juvenile Area) A1 H 2010 1 (5) 9.5 x7.8 x8.6 1 1 1 Bench Space – 91” A2 H 2010 1 (3) 9.5 x 9.5 x 8.6 1 1 1 Bench Space – 69 “ A3 H 2010 1 (3) 9.5 x 9.2 x 8.6 1 1 1 Bench Space – 70” A4 H 2010 1 (3) 9.5 x 9.5 x 8.6 1 1 1 Bench Space – 62” B1 H 2010 1 (8) 7.9 x 11.3 x 8.6 1 1 1 Bench Space – 93” + 72” =165” B2 H 2010 1 (8) 7.11 x 7.10 x 8.6 1 1 1 Bench Space – 95” + 72 =167” B3 H 2010 1 (8) 7.11 x 7.10 x 8.6 1 1 1 Bench Space – 95” + 72 =167” B4 H 2010 1 (8) 7.11 x 7.10 x 8.6 1 1 1 Bench Space – 95” + 72 =167” B5 H 2010 1 (8) 7.11 x 7.10 x 8.6 1 1 1 Bench Space – 95” + 72 =167” B6 H 2010 1 (2) 9.01 x 7.3 x 8.6 1 1 1 Bench Space –43 “ B7 H 2010 1 (9) 9.1 x 9.9 x 8.6 1 1 1 Bench Space – 46” + 117 = 163” *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. 5200 Santa Clara Family Justice Center CHJ LASE 23-24 - 1 - A360 LAS Adult-05.dot (8/05) 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 B8 H 2010 1 (3) 9.1 x 6.5 x 8.6 1 1 1 Bench Space – 66” B9 H 2010 1 (3) 7.11 x 10.6 x 8.6 1 1 1 Bench Space – 61” C1 H 2010 1 (9) 11.3 x 7.10 x 8.6 1 1 1 Bench Space –94” + 72” =166” C2 H 2010 1 (9) 11.3 x 7.10 x 8.6 1 1 1 Bench Space – 94” + 72” =166” C3 H 2010 1 (4) 11.4 x 9.8 x 8.6 1 1 1 Bench Space – 75” C4 H 2010 1 (9) 10.5 x 8.8 x 8.6 1 1 1 Bench Space – 61 “ + 104” = 165” C5 H 2010 1 (5) 10.5 x 7.7 x 8.6 1 1 1 Bench Space – 91” C6 H 2010 1 (9) 7.7 x 12.1 x 8.6 1 1 1 Bench Space – 70 “ + 91” = 161” C7 H 2010 1 (9) 10.5 x 8.8 x 8.6 1 1 1 Bench Space – 61 “ + 104” = 165” C8 H 2010 1 (5) 10.5 x 7.7 x 8.6 1 1 1 Bench Space – 91” 2nd Floor (South) 2A H 2010 1 (11) 12.9 x 9.0 8.6 1 1 1 227Bench Space –31” + 108” + 88” =227” 2B H 2010 1 (9) 12.9 x 7.5 x 8.6 1 1 1 Bench Space – 157 + 118” = 275” 3rd Floor (South) 3A H 2010 1 (11) 10.8 x 11.10 x 8.6 1 1 1 Bench Space –105” + 98” = 203 *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. 5200 Santa Clara Family Justice Center CHJ LASE 23-24 - 2 - A360 LAS Adult-05.dot (8/05) 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 3rd Floor (North) 3B H 2010 1 (11) 10.8 x 11.2 x 8.6 1 1 1 Bench Space – 99” + 115” = 214 4th Floor (South) 4A H 2010 1 (6) 9.7 x 10.7 x 8.6 1 1 1 Bench Space –118 4th Floor (North) 4B H 2010 1 (10) 11.10 x 9.1 x 8.6 1 1 1 Bench Space – 133 + 109 + 102 + 64 =408 5th Floor 5A H 2010 1 (10) 10.6 x 10.8 8.61 1 1 1 NOTE: Interview Room on each floor. *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. 5200 Santa Clara Family Justice Center CHJ LASE 23-24 - 3 - A360 LAS Adult-05.dot (8/05) ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005; 2008; 2010 BSCC Code: 5200 FACILITY NAME: Santa Clara Family Justice Center FACILITY TYPE: CHJ APPLICABLE REGULATIONS (Check All That 6/94: 2/99: 2001: 2005: 2008: 2010: X Apply): FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/15/2023 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) Contains a weapons locker, designed as outlined in X these regulations. Contains a cell or room for confinement pending X booking Contains a detoxification cell (WA in TH; NA in CH) 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available 2-99: Access to shower must be within the secure X area Provides secure vault or storage for inmate valuables X 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 X ceiling height of 8 feet or more Contains sufficient seating to accommodate all X inmates Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or Court Facility. more X 5200 Santa Clara Family Justice Center CHJ PHY 23-24 1 A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Temporary Staging Cell or Room (2.3) Holds inmates classified and segregated per Title 15 § 1050 and 1053 X Safety Equipment Storage (2.19) Adequate space is provided to store equipment such as fire extinguishers, SCBA, emergency lights, etc. X Janitors' Closet (2.20) Lockable, containing a mop sink and storage space 01: Mop sink may be separate from janitors’ closet X 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, elevators, or at points on the security perimeter such as entrances and exits. X 2-99: Video monitoring option deleted. 10: Deleted language referring to central control point. 10: Terminate at a location where staff can respond immediately. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and X maintaining fire and life safety, security, communication and alarm systems. 5200 Santa Clara Family Justice Center CHJ PHY 23-24 2 A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Attorney Interview Space (2.26) Available and provides for confidentiality X Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in X holding and staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See X regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Available in each temporary holding, staging and X sobering cell. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the X water outlet (bubbler). 2-99: Mouth guard requirement deleted Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) Windows that are accessible to inmates are no greater X than 5 inches in on dimension. Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per inmate. X 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. 5200 Santa Clara Family Justice Center CHJ PHY 23-24 3 A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Weapons Locker (3.12) 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. X Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note areas of non-compliance that are X applicable to the facility type and construction date in the "comments" section.) 5200 Santa Clara Family Justice Center CHJ PHY 23-24 4 A382 PHY CH-TH 94 99 01 05.dot (8/05) COURT HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5206 FACILITY NAME: HALL OF JUSTICE COURTS FACILITY TYPE: CHJ PERSON(S) INTERVIEWED: CAPTAIN DANIEL RODRIGUEZ FIELD REPRESENTATIVE: MATTHEW SCHULER DATE: DECEMBER 15, 2023 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY SCCCM C1.10 – Courts Training/Training HOLDING FACILITY TRAINING Officers At a minimum, all supervisors of and personnel who supervise incarcerated persons in, a Court Holding or Temporary Holding facility shall complete eight hours of specialized corrections training. Such training shall The BSCC Standards and Training for include, but not be limited to: Corrections (STC) division found the agency (a) applicable minimum jail standards; in compliance with applicable regulations (b) jail operations liability; during the 23-24 compliance monitoring (c) separation of incarcerated persons; cycle. (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 SCCCM 1.10 – Courts Training/Training in any event not more than six months after the date of Officers assigned responsibility. Successful completion of Core training or supplemental Core training, pursuant to Jail Operations is a component of Basic Section 1020, Corrections Officer Core Course, may be Academy. An ongoing refresher training is ☒ ☐ ☐ substituted for the initial eight hours of training. conducted within two years of graduation from the Basic Academy or within six months upon return to the Court Security Division from outside of the courts or custody division. A total of eight hours of refresher training shall be SCCCM 1.10 – Courts Training/Training completed every two years. Successful completion of the Officers ☒ ☐ ☐ requirements in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 1 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL SCCCM 5.10 – Court Staffing SCCDM 1.25 – Staffing 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. Whenever there is a person in custody, there shall be at SCCCM 5.10 – Court Staffing least one employee on duty at all times in a local SCCDM 1.25 – Staffing detention facility or in the building which houses a local ☒ ☐ ☐ detention facility who shall be immediately available and accessible to incarcerated people in the event of an emergency. Such an employee shall not have any other duties which SCCCM 5.10 – Court Staffing would conflict with the supervision and care of ☒ ☐ ☐ SCCDM 1.25 – Staffing incarcerated people in the event of an emergency. Whenever one or more females are in custody, there SCCCM 5.10 – Court Staffing shall be at least one female employee who shall be SCCDM 1.25 – Staffing immediately available and accessible to such females. Note: Reference PC § 4021. ☒ ☐ ☐ At least one female staff member is present and available to respond when requested. While on-site BSCC staff noticed several female staff members working within the Courts. In order to determine if there is a sufficient number of SCCDM 1.25 – Staffing personnel for a specific facility, the facility administrator SCCCM 5.10 – Court Staffing shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a ☒ ☐ ☐ staffing plan shall be reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS SCCDM 9.39 – Inmate Supervision The facility administrator shall develop and implement policy and procedures for conducting safety checks that include, but are not limited to, the following: ☒ ☐ ☐ (a) Safety checks will determine the safety and well-being of individuals and shall be conducted at least hourly through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse SCCDM 9.39 – Inmate Supervision between safety checks. BSCC staff reviewed a random sampling of Court Security safety check documents from January 2023 through October 2023. The ☒ ☐ ☐ documentation appeared to be compliant with this regulation. The policy states “Staff will observe inmates at least once every 60 minutes or more frequently when warranted.” (c) Safety checks for people in sobering cells, safety cells, SCCDM 9.39 – Inmate Supervision and restraints shall occur more frequently as outlined in ☒ ☐ ☐ section 1055, section 1056, and section 1058 of these regulations. 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 2 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Safety checks shall occur at random or varied SCCDM 9.39 – Inmate Supervision ☒ ☐ ☐ intervals. (e) There shall be a written plan that includes the SCCDM 9.39 – Inmate Supervision 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 SCCDM 9.39 – Inmate Supervision occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff SCCDM 9.39 – Inmate Supervision ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are SCCDM 9.39 – Inmate Supervision reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating patterns ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF SCCDM 1031 – Fire Prevention/Inspections Whenever there is a person in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the Board for general fire and life safety. [Penal Code section 6030(c)]. The facility manager shall ensure that there is at least one SCCDM 1031 – Fire Prevention/Inspections person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL2 Santa Clara County Department of Corrections Policy and Procedures Manual Facility administrator(s) shall develop and publish a (SCCDM) manual of policy and procedures for the facility. The policy and procedures manual shall address all County of Santa Clara - Office of the Sheriff - applicable Title 15 and Title 24 regulations and shall be Court Security Division Procedures Manual comprehensively reviewed and updated at least every ☒ ☐ ☐ (SCCCM) 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. Subsection (d) does not apply and has been deleted. (a) The manual shall provide for, but not be limited to, the SCCCM 2.00 – Organizational Chart following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility SCCCM 3.15 – Court Security Inspections ☒ ☐ ☐ administrator/manager. and Operations (3) Policy on the use of force that meets current state SCCDM 9.01 – Use of Force and Restraints and federal legal requirements and includes ☒ ☐ ☐ prohibition of the use of carotid restraint and choke Policy states in part that prohibited techniques holds. include carotid restraint and choke holds. (4) Policy on the use of restraint equipment, including SCCCM 5.00 – Use of Restraint Equipment in the restraint of pregnant persons as referenced in ☒ ☐ ☐ Courts Penal Code Section 3407. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 3 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) Security and control including physical counts and SCCDM 9.33 – Inmate Counts searches of the facility and incarcerated persons, SCCDM 9.39 – Inmate Supervision contraband control, and key control. Each facility administrator shall, at least annually, Security checks are conducted by staff at the review, evaluate, and make a record of security ☒ ☐ ☐ beginning of each shift and at 2300 hours measures. The review and evaluation shall include each day. internal and external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: SCCCM 9.60 – Fire Prevention/Inspections (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; (B) escape, disturbances, and the taking of SCCCM 9.10 – Inmate Escape ☒ ☐ ☐ hostages; (C) mass arrests; ☒ ☐ ☐ SCCCM 9.40 – Mass Arrests (D) natural disasters; ☒ ☐ ☐ SCCCM 9.12 – Emergency Evacuations (E) periodic testing of emergency equipment; SCCDM 9.19 – Armory Operations and ☒ ☐ ☐ and, Security Equipment (F) storage, issue, and use of weapons, SCCCM 3.50 - Use of Less Lethal Munitions ammunition, chemical agents, and related ☒ ☐ ☐ security devices. (8) Suicide Prevention. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (9) Separation of incarcerated persons. SCCDM 13.01 – Classification Policy, Goals, ☒ ☐ ☐ and Objectives SCCDM 13.03 – Administrative Segregation (10) Zero tolerance in the prevention of sexual abuse SCCDM 14.15 – Prison Rape Elimination Act ☒ ☐ ☐ and sexual harassment. (11) Policy and procedure to detect, prevent, and SCCDM 14.15 – Prison Rape Elimination Act respond to retaliation against any staff or person after (PREA) reporting any abuse. ☒ ☐ ☐ The policy states “All reports of sexual misconduct and the investigations are deemed confidential.” (12) Release policy, including release planning for SCCDM 14.15 – Prison Rape Elimination Act ☒ ☐ ☐ incarcerated persons. (c) The manual for court holding facilities shall include all SCCDM 14.15 – Prison Rape Elimination Act of the procedures listed in subsection (a), except number ☒ ☐ ☐ (5) (which has been deleted). (e) The manual for Temporary Holding, Court Holding, SCCDM 14.15 – Prison Rape Elimination Act Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for incarcerated people to privately report sexual abuse and sexual ☒ ☐ ☐ harassment, retaliation by other incarcerated persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, SCCDM 14.15 – Prison Rape Elimination Act family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ During the on-site inspection BSCC staff harassment. The method for reporting shall be noticed PREA postings throughout the publicly posted at the facility. court’s holding areas and the facility’s lobby. 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 4 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1030 SUICIDE PREVENTION PROGRAM SCCDM 12.03 – Mental Health Services SCCDM 12.05 – Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility The Suicide Prevention Program is initiated administrator or designee, in conjunction with the health ☒ ☐ ☐ during the booking process. 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 SCCDM 12.03 – Mental Health Services personnel. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (b) Intake screening for suicide risk immediately upon SCCDM 12.03 – Mental Health Services intake and prior to housing assignment. SCCDM 12.05 – Suicide Prevention The policy states “All potentially suicidal inmates will be referred to Mental Health Services. Any inmates exhibiting suicidal, self-destructive, psychotic, or homicidal ☒ ☐ ☐ behavior will be moved to a readily observable area and placed on a suicide watch. Correctional staff shall immediately complete a Med/Psych Referral form and document welfare checks at least every fifteen (15) minutes on an Inmate Observation Record.” (c) Suicide prevention screening during special SCCDM 12.03 – Mental Health Services situations, including placement in restrictive housing, SCCDM 12.05 – Suicide Prevention ☒ ☐ ☐ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among SCCDM 12.03 – Mental Health Services arresting/transporting officers, facility staff, court staff, SCCDM 12.05 – Suicide Prevention medical and mental health personnel in relation to suicide risk. (e) Housing recommendations for people at risk of suicide SCCDM 12.03 – Mental Health Services that balance safety and environment. The least restrictive ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention environment should be considered. (f) Supervision depending on level of suicide risk. SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (g) Suicide attempt and suicide intervention policies and SCCDM 12.03 – Mental Health Services procedures. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (h) Provisions for reporting suicides and suicides SCCDM 12.03 – Mental Health Services attempts. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention (i) Multi-disciplinary administrative review of suicides and SCCDM 12.03 – Mental Health Services attempted suicides as defined by the facility SCCDM 12.05 – Suicide Prevention administrator, including the development of a corrective ☒ ☐ ☐ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. SCCDM 12.03 – Mental Health Services ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 5 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (k) Plan for mental health consultation following return SCCDM 12.03 – Mental Health Services from court as determined by the mental health director. ☒ ☐ ☐ SCCDM 12.05 – Suicide Prevention 1032 FIRE SUPPRESSION PREPLANNING SCCCM 9.60 – Fire Prevention/Inspections 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 SCCCM 9.60 – Fire Prevention/Inspections fire department to be included as part of the policy and ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff SCCCM 9.60 – Fire Prevention/Inspections basis with two year retention of the inspection record; BSCC staff reviewed the monthly facility ☒ ☐ ☐ inspection logs. The fire prevention inspections are included in this report. The retention of records is compliant with this regulation. (c) fire prevention inspections as required by Health and SCCCM 9.60 – Fire Prevention/Inspections Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; Last Date of Inspection: 07-29-2023 (d) an evacuation plan; and, ☒ ☐ ☐ SCCCM 9.60 – Fire Prevention/Inspections (e) a plan for the emergency housing of incarcerated SCCCM 9.60 – Fire Prevention/Inspections people in the case of fire. ☒ ☐ ☐ During an evacuation of the court facility, all incarcerated individuals will be returned to the jail facilities. 1044 INCIDENT REPORTS SCCCM 6.30 - Reporting of Incidents 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 incarcerated person of a detention facility or other person. Such records shall include the names of the persons SCCCM 6.30 - Reporting of Incidents involved, a description of the incident, the actions taken, and the date and time of the occurrence. BSCC staff reviewed a random sampling of ☒ ☐ ☐ incident reports for court services from January 2023 through October 2023. The documentation appeared to be compliant with this regulation. Such a written record shall be prepared by the staff SCCCM 6.30 - Reporting of Incidents assigned to investigate the incident and submitted to the ☒ ☐ ☐ facility manager or designee. 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 6 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY SCCDM 12.09 – Inmate Deaths SCCCM 5.40 – Inmate Deaths (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ensure that there is an initial review of ☒ ☐ ☐ every in-custody death within 30 days. The review team at a minimum shall include the facility administrator or designee, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the SCCDM 12.09 – Inmate Deaths appropriateness of clinical care; whether changes to SCCCM 5.40 – Inmate Deaths ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. (b) Death of a Minor SCCDM 12.09 – Inmate Deaths In any case in which a minor dies while detained in a jail, SCCCM 5.40 – Inmate Deaths lockup, or court holding facility: (1) The administrator of the facility shall provide to the Juveniles are not held in these court facilities. ☒ ☐☒ ☐ Board a copy of the report submitted to the Attorney Juvenile offenders are brought directly into General under Government Code Section 12525. A the courtroom and directly out of the facility by copy of the report shall be submitted within 10 Probation. calendar days after the death. (2) Upon receipt of a report of death of a minor from SCCDM 12.09 – Inmate Deaths the administrator, the Board may within 30 calendar SCCCM 5.40 – Inmate Deaths days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this Juveniles are not held in these court subchapter. Any inquiry made by the Board shall be facilities. limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN SCCCM 5.50 – Processing Remands SCCDM 13.01 – Classification Policy, Goals, (b) Each administrator of a court holding facility shall and Objectives establish and implement a written plan designed to provide for the safety of staff and people held and housed If a remanded individual has never been in at the facility. The plan shall include receiving and ☒ ☐ ☐ custody prior, they will be separated from all transmitting of information regarding incarcerated other incarcerated individuals until the persons who represent unusual risk or hazard while booking process and medical questionnaire confined at the facility, and the separation of such has been completed. persons to the extent possible within the limits of the court holding facility. (c) In deciding housing and programming assignments, SCCCM 5.50 – Processing Remands the agency shall consider on a case-by-case basis SCCDM 13.01 – Classification Policy, Goals, whether a placement would ensure the health and safety and Objectives of the incarcerated person, and whether the placement ☒ ☐ ☐ would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES SCCCM 5.50 – Processing Remands The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 7 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be SCCCM 5.50 – Processing Remands made of the person being booked as to whether the person has or has had any communicable diseases, such as tuberculosis or has observable symptoms of ☒ ☐ ☐ tuberculosis or any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION SCCCM 5.50 – Processing Remands The facility administrator, in cooperation with the Incarcerated individual mental health referrals responsible physician, shall develop written policies and will be made in accordance with the procedures to identify and evaluate all incarcerated Department’s medical screening policy. In people who may be in behavioral crisis. Evaluation of ☒ ☐ ☐ addition, Booking/Intake staff will be behavioral crisis may include telehealth. responsible for initiating a mental health referral for any arrestee who displays behavior consistent with psychological problems, or is known to have a history of psychological problems. If an evaluation from medical or mental health staff is not SCCCM 5.50 – Processing Remands readily available, an incarcerated person shall be 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 SCCCM 5.50 – Processing Remands secured within 24 hours of identification or at the next ☒ ☐ ☐ daily sick call, whichever is earliest. Separation may be used if necessary, to protect the SCCCM 5.50 – Processing Remands safety of the person in crisis or others. ☒ ☐ ☐ SCCDM 11.01 – Arrestee Admission for Booking 1053 ADMINISTRATIVE SEPARATION SCCCM 5.50 – Processing Remands SCCDM 13.01 – Classification Policy, Goals, Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ and Objectives develop and implement policies and procedures for the SCCDM 13.03 – Administrative Segregation administrative separation of incarcerated people. Policies and procedures must include: SCCCM 5.50 – Processing Remands (a) Administrative separation may consist of separate SCCDM 13.01 – Classification Policy, Goals, housing but shall not involve any other deprivation of and Objectives privileges than is necessary to obtain the objective of SCCDM 13.03 – Administrative Segregation protecting the welfare of incarcerated people and facility staff. ☒ ☐ ☐ Policy states “Administrative Segregation is Note: Subsections (b) through (e) do not apply and have not a punitive system. This type of been deleted. segregation is not imposed as a punishment for specific acts. It should not incorporate any unnecessary restrictions or deprivations of privileges, except where required to maintain levels of safety and security within the facility.” 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 8 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTAL DISABILITIES SCCCM 5.50 – Processing Remands SCCDM 11.03 – Medical Screening at Intake The facility administrator, in cooperation with the SCCDM 12.01 – Medical Health Care responsible physician, shall develop written policies and Services procedures for the identification and evaluation, SCCDM 12.03 – Mental Health Services appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with Upon entrance into the facility, the developmental disabilities. ☒ ☐ ☐ arresting/transporting officer must escort the arrestee to the nurse's station, located at the booking counter, for a medical screening. The intake-booking nurse completes a medical interview and either clears the person to continue with the booking process or refuses acceptance until the person is medically cleared at the hospital. The health authority or designee shall contact the SCCCM 5.50 – Processing Remands regional center for any incarcerated person suspected or SCCDM 11.03 – Medical Screening at Intake confirmed to have a developmental disability for the SCCDM 12.01 – Medical Health Care ☒ ☐ ☐ purposes of diagnosis or treatment within 24 hours of Services such determination, excluding holidays and weekends. SCCDM 12.03 – Mental Health Services 1058 USE OF RESTRAINT DEVICES SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop and implement BSCC staff reviewed a random sampling of written policies and procedures for the use of restraint Court Security Restraint Reports from devices. Restraint devices include any devices which January 2023 through October 2023. The immobilize extremities or prevent the incarcerated person documentation appeared to be compliant with from being ambulatory. The provisions of this section do ☒ ☐ ☐ this regulation. not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated The policy states, “If an inmate exhibits people for security reasons. The facility manager may suicidal, self-destructive, psychotic, or delegate authority to place an incarcerated person in homicidal behavior at the time of intake, the restraints to responsible health care staff. Processing Officer shall immediately notify Mental Health Services and complete a Med/Psych Referral form.” (a) The policy shall address the following areas: SCCDM 12.05 – Suicide Prevention (1) acceptable restraint devices; SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ (2) signs or symptoms which should result in SCCDM 12.05 – Suicide Prevention immediate medical/mental health referral; availability SCCDM 9.01 – Use of Force and Restraints of cardiopulmonary resuscitation equipment; Policy states “All straps shall be physically ☒ ☐ ☐ checked to ensure they are properly secured and present no obvious physical signs of circulatory restriction to the inmate's extremities. ” (3) protective housing of restrained persons; SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ (4) provision for hydration and sanitation needs; and, SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 9 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (5) exercising of extremities. SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ (b) Policy shall also include, but not be limited to, the SCCDM 12.05 – Suicide Prevention following requirements: SCCDM 9.01 – Use of Force and Restraints (1) In no case shall restraints be used for punishment or as a substitute for treatment. ☒ ☐ ☐ Policy states “Staff shall not use safety cells or safety devices to punish, discipline, or retaliate against inmates.” (2) Restraint devices shall only be used on SCCDM 12.05 – Suicide Prevention incarcerated people who display behavior which SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ results in the destruction of property or reveal an intent to cause physical harm to self or others. (3) Restraint devices should be used only when less SCCDM 12.05 – Suicide Prevention restrictive alternatives, including verbal de-escalation SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in SCCDM 12.05 – Suicide Prevention restraints only with the approval of the facility SCCDM 9.01 – Use of Force and Restraints manager, the facility watch commander, or ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be SCCDM 12.05 – Suicide Prevention maintained until a medical opinion can be obtained. SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ (6) A medical opinion on placement and retention SCCDM 12.05 – Suicide Prevention shall be secured within one hour from the time of SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ placement. (7) A medical assessment shall be completed within SCCDM 12.05 – Suicide Prevention four hours of placement. SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ (8) Continuous direct visual observation shall be SCCDM 12.05 – Suicide Prevention conducted at least twice every 30 minutes to ensure SCCDM 9.01 – Use of Force and Restraints that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated The policy states “At least once every fifteen person. Such observation shall be documented. (15) minutes, staff shall check the inmate and While in restraint devices all incarcerated persons document any comments regarding the health shall be housed alone or in a specified housing area and physical condition of the inmate. All ☒ ☐ ☐ which makes provisions to protect the person from straps shall be physically checked to ensure abuse. they are properly secured and present no obvious physical signs of circulatory restriction to the inmate's extremities. All observations and actions taken shall be documented on the ‘15 Minute Check Observation Log’ and the Daily Logbook.” (9) If the facility manager, or designee, in consultation SCCDM 12.05 – Suicide Prevention with responsible health care staff determines that an SCCDM 9.01 – Use of Force and Restraints incarcerated person cannot be safely removed from ☒ ☐ ☐ restraints after eight hours, the person shall be taken to a medical facility for further evaluation. 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 10 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (10) Where applicable, the facility manager shall use SCCDM 12.05 – Suicide Prevention the restraint device manufacturer’s recommended SCCDM 9.01 – Use of Force and Restraints ☒ ☐ ☐ maximum time limits for placement. (11) All events and information related to the SCCDM 12.05 – Suicide Prevention placement in restraints shall be documented and SCCDM 9.01 – Use of Force and Restraints shall be video recorded unless exigent circumstances prevent staff from doing so. The ☒ ☐ ☐ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS SCCDM 12.05 – Suicide Prevention SCCDM 9.01 – Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ The policy states “an inmate known to be procedures for the use of restraint devices on pregnant pregnant or in recovery after delivery shall not people. In accordance with Penal Code Section 3407, the be restrained using leg irons, waist chains, or policy shall include reference to the following: handcuffs behind the back.” (1) An incarcerated person known to be pregnant or SCCDM 12.05 – Suicide Prevention in recovery after delivery or termination of the SCCDM 9.01 – Use of Force and Restraints pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. The policy states “an inmate known to be pregnant or in recovery after delivery shall not be restrained using leg irons, waist chains, or handcuffs behind the body. Pregnant inmates ☒ ☐ ☐ will not be shackled or daisy-chained to other inmates. In situations where the movement/transport of a pregnant inmate requires the use of restraints, handcuffs will be used. The pregnant inmate will be handcuffed in the front so that if she falls, she will be able to break the fall with her hands.” (2) An incarcerated pregnant person in labor, during SCCDM 12.05 – Suicide Prevention delivery, or in recovery after delivery or termination of SCCDM 9.01 – Use of Force and Restraints the pregnancy, shall not be restrained by the wrists, ☒ ☐ ☐ ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (3) Restraints shall be removed when a professional SCCDM 12.05 – Suicide Prevention who is currently responsible for the medical care of SCCDM 9.01 – Use of Force and Restraints 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 SCCDM 12.05 – Suicide Prevention pregnancy, they shall be advised, orally or in writing, SCCDM 9.01 – Use of Force and Restraints of the standards and policies governing incarcerated pregnant people. The policy states “upon confirmation of an ☒ ☐ ☐ inmate's pregnancy, she shall be advised, orally or in writing, of the standards and policies governing pregnant inmates.” 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 11 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1068 ACCESS TO COURTS AND COUNSEL SCCDM 17.11 – Inmate Attorney and Official Visits 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. SCCDM 17.11 – Inmate Attorney and Official Visits ☒ ☐ ☐ While on-site during the physical inspection, BSCC staff witnessed incarcerated individuals meeting with their counsel. 1280 FACILITY SANITATION, SAFETY, AND SCCDM 16.01 – Sanitation Inspections and MAINTENANCE Housekeeping Plan 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. 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 12 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in this facility? Juveniles are not held in these court facilities. Juvenile offenders are brought If yes, the following sections, including those summarized directly into the courtroom and directly out of ☐ ☒ ☐ in Title 15, Article 10, apply (Minors in Court Holding the facility by Probation. Facilities). 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. 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the ☐ ☒ ☐ facility administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☒ ☐ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor 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 minor 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 minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, ☐ ☒ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☒ ☐ and policies governing pregnant minors. 1161 CONDITIONS OF DETENTION Court holding facilities shall be designed to provide the ☐ ☒ ☐ following: (a) Separation of minors from adults in accordance with Section 208 of the Welfare and Institutions Code. (b) Separation of minors in accordance with an ☐ ☒ ☐ established classification plan. (c) Secure non-public access, movement within and egress. If the same entrance/exit is used by both minors ☐ ☒ ☐ and adults, movements shall be scheduled in such a manner that there is no opportunity for contact. 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 13 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An existing court holding facility built in accordance with construction standards at the time of construction shall be considered as being in compliance with this article unless the condition of the structure is determined by the appropriate authority to be dangerous to life, health, or ☐ ☒ ☐ welfare of minors. Upon notification of noncompliance with this section, the facility administrator shall develop and submit a plan for corrective action to the Board within 90 days. 1162 SUPERVISION OF MINORS A sufficient number of personnel shall be employed in each facility to permit unscheduled safety checks of all ☐ ☒ ☐ minors at least twice every 30 minutes, and to ensure the implementation and operation of the activities required by these regulations. There shall be a written plan that includes the documentation and review of safety checks. 1163 CLASSIFICATION The administrator of a court holding facility shall establish and implement a written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include receiving and transmitting of information ☐ ☒ ☐ regarding minors who represent a risk or hazard to self or others while confined at the facility, and the separation of such minors to the extent possible within the limits of the court holding facility, and for the separation of minors from any adults confined there as required by Section 208 of the Welfare and Institutions Code. 5206 Santa Clara Hall of Justice Courts CHJ PRO 23-24 Page 14 of 15 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5206 FACILITY: Hall of Justice Courts TYPE: CHJ RC: 0 FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/15/2023 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 WORKSTATION #1 Basement (Workstation 1) – no cell labeled I; no 2nd floor – the first accessible floor from the basement elevator is the 3rd floor. A Holding 1980 1 - 12 (12) 8.8’ x 13.9’ 1 - 1 1 - Notes: 18’ bench. B Holding 1980 1 - 1 (1) 6.0’ x 6.8’ 1 - 1 1 - Notes: 2.5’ bench. C Holding 1980 1 - 1 (1) 5.9’ x 6.8’ 1 - 1 1 - Notes: 2.5’ bench. D Holding 1980 1 - 1 (1) 5.8’ x 6.8’ 1 - 1 1 - Notes: 2.5’ bench. E Holding 1980 1 - 1 (1) 5.8’ x 6.8’ 1 - 1 1 - Notes: 2.5’ bench. F Holding 1980 1 - 1 (1) 6.1’ x 6.8’ 1 - 1 1 - Notes: 2.5’ bench. G Holding 1980 1 - 0 (0) 7.8’ x 19.1’ 1 - 1 1 - Notes: 20.2’ bench. During the 2006-2008 cycle the LASE was adjusted to reflect that cell G is now used for storage. Originally rated for 13. H Holding 1980 1 - 22 (22) 15.7’ x 15.8’ 2 - 1 1 - Notes: 6.4’ x 5.1’ cutout; 34.3’ bench. J Holding 1980 1 - 22 (22) 15.4 X 15.6 2 - 1 1 - Notes: used for females; 33’ bench. K Holding 1980 1 - 22 (22) 15.6’ x 14.8’ 2 - 1 1 - Notes: 33’ bench. Third Floor (Workstation 1) Holding 1978 1 - 5 (5) 8.7’ x 5.5’ 1 - 1 1 - Notes: 4.5’ + 3.3’ bench. Fourth Floor (Workstation 1) Holding 1978 1 - 5 (5) 8.7’ x 5.5’ 1 - 1 1 - Notes: 4.5’ + 3.3’ bench. Fifth Floor (Workstation 1) Holding 1978 1 - 5 (5) 8.7’ x 5.5’ 1 - 1 1 - Notes: 4.5’ + 3.3’ bench. Sixth Floor (Workstation 1) Holding 1978 1 - 5 (5) 8.7’ x 5.5’ 1 - 1 1 - Notes: 4.5’ + 3.3’ 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. 5206 Santa Clara Hall of Justice Courts CHJ LASE 23-24 - 1 - A360 LAS Adult.dot (9/98) 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 WORKSTATION #2 – basement and 4 floors with holding cells. Basement (Workstation 2) – six cells. WBH1 Holding 1980 1 - 8 (8) 9.3’ x 12.4’ 1 - 1 1 - Notes: handicap accessible, 9.3’ + 3.6’ bench. WBH2 Holding 1980 1 - 8 (8) 9.3’ x 8.4’ 1 - 1 1 - Notes: 12’ bench. WBH3 Holding 1980 1 - 16 (16) 19.5’ x 8.6’ 1 - 1 1 - Notes: irregular; 12’ + 15.3’ bench; prior LASE listed RC of (17), changed this cycle to (16) due to holding cell capacity limit and facilities ratio. WBH4 Holding 1980 1 - 16 (16) 17.6’ x 9.7’ 1 - 1 1 - Notes: cutout 3.4’ x 4.5’; 11.3’ + 4.8’ + 9’ bench. WBH5 Holding 1980 1 - 16 (16) 17.6’ x 10.2’ 1 - 1 1 - Notes: outcropping – subtract 8.5’ from square footage; 16.1’ + 12.7 + 2.8’ bench; prior LASE listed RC as (14), changed to (16) this cycle. WBH6 Holding 1980 1 - 16 (16) 17.7’ x 10’ 1 - 1 1 - Notes: 6’ + 10.3 + 4.3’ + 3.8’ bench. Third Floor (Workstation 2) – one holding cell. Holding 1980 1 - 5 (5) 9.8’ x 8.8’ 1 - 1 1 - Notes: handicap accessible cell; 7.3’ bench and one stool. Fourth Floor (Workstation 2) – two holding cells. Holding 1980 1 - 5 (5) 8.8’ x 7’ 1 - 1 1 - Notes: irregular shape; 7.3’ bench and one stool; seating limits RC. Holding 1980 1 - 5 (5) 8.8’ x 7’ 1 - 1 1 - Notes: irregular shape; 7.3’ bench and one stool; seating limits RC. Fifth Floor (Workstation 2) – two holding cells. Holding 1980 1 - 5 (5) 8.8’ x 7’ 1 - 1 1 - Notes: irregular shape; 7.3’ bench and one stool; seating limits RC. Holding 1980 1 - 5 (5) 8.8’ x 7’ 1 - 1 1 - Notes: irregular shape; 7.3’ bench and one stool; seating limits RC. Sixth Floor (Workstation 2) – two holding cells. Holding 1980 1 - 5 (5) 8.8’ x 7’ 1 - 1 1 - Notes: irregular shape; 7.3’ bench and one stool; seating limits RC. Holding 1980 1 - 5 (5) 8.8’ x 7’ 1 - 1 1 - Notes: irregular shape; 7.3’ bench and one stool; seating limits RC. WORKSTATION #3 – basement and 5 floors with holding cells. Basement (Workstation 3) EBH1 Holding 1980 1 - 8 (8) 9’ x 10.3’ 1 - 1 1 - Notes: 8.9’ + 3.5’ bench. EBH2 Holding 1980 1 - 8 (8) 9.8’ x 9’ 1 - 1 1 - Notes: irregular shaped; 8.9’ + 3.1’ bench. EBH3 Holding 1980 1 - 16 (16) 19.3’ x 8.6’ 1 - 1 1 - Notes: irregular shaped; used for females; 15’ and 12.6’ 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. 5206 Santa Clara Hall of Justice Courts CHJ LASE 23-24 - 2 - A360 LAS Adult.dot (9/98) 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 EBH4 Holding 1980 1 - 16 (16) 17.3’ x 9.3’ 1 - 1 1 - Notes: 9’ + 13.1’ + 4.4’ bench. EBH5 Holding 1980 1 - 16 (16) 21.4’ x 10.9’ 1 - 1 1 - Notes: 15.4’ + 11.5’ + 4.1’ + 3.1’ bench. EBH6 Holding 1980 1 - 16 (16) 17.3’ x 10’ 1 - 1 1 - Notes: 13.8’ x 8.7’ + 4’ bench. Second Floor (Workstation 3) – 4 holding cells and 2 interview rooms (2EI1 and 2EI2). 2EH1 Holding 1980 1 - 2 (2) 7.2’ x 5.5’ 1 - 1 1 - Notes: 2’ bench and one stool. 2EH2 Holding 1980 1 - 6 (6) 11.7’ x 8.3’ 1 - 1 1 - Notes: 3.6’ + 6.4’ bench. 2EH3 Holding 1980 1 - 5 (5) 11.7’ x 8.3’ 1 - 1 1 - Notes: 4.8’ + 1.5’ bench and one stool. 2EH4 Holding 1980 1 - 2 (2) 7.2’ x 5.5’ 1 - 1 1 - Notes: 2’ bench and one stool. Third Floor (Workstation 3) – 2 holding cells and 2 interview rooms. 3EHC Holding 1980 1 - 4 (4) 8.4’ x 6.9’ 1 - 1 1 - Notes: 5.8’ bench and one stool. 3EHD Holding 1980 1 - 3 (3) 8.4’ x 6.9’ 1 - 1 1 - Notes: 5.8’ bench (no stool). Fourth Floor (Workstation 3) – 2 holding cells and 2 interview rooms. 4EHC Holding 1980 1 - 4 (4) 8.4’ x 6.9’ 1 - 1 1 - Notes: 5.8’ bench and one stool. 4EHD Holding 1980 1 - 4 (4) 8.4’ x 6.9’ 1 - 1 1 - Notes: 5.8’ bench and one stool. Fifth Floor (Workstation 3) – 2 holding cells and 2 interview rooms. 5EHC Holding 1980 1 - 4 (4) 8.4’ x 6.9’ 1 - 1 1 - Notes: 5.8’ bench and one stool. 5EHD Holding 1980 1 - 4 (4) 8.4’ x 6.9’ 1 - 1 1 - Notes: 5.8’ bench and one stool. Sixth Floor (Workstation 3) – 2 holding cells and 2 interview rooms. 6EHC Holding 1980 1 - 4 (4) 8.4’ x 6.9’ 1 - 1 1 - Notes: 5.8’ bench and one stool. 6EHD Holding 1980 1 - 4 (4) 8.4’ x 6.9’ 1 - 1 1 - Notes: 5.8’ bench and one stool. *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. 5206 Santa Clara Hall of Justice Courts CHJ LASE 23-24 - 3 - A360 LAS Adult.dot (9/98) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 5206 FACILITY NAME: Hall of Justice Courts FACILITY TYPE: CHJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: X OTHER: 1988 FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/15/2023 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) Inmates are moved either in the AM or PM X based on scheduled court time. Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only X require a bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) There are also gun lockers located immediately adjacent to each courtroom. External to the security area and equipped with X individual compartments, locks and keys Sobering Cells (WA) (2.4) There are no cells of this type in the court X holding facilities. Text of this regulation is deleted from this checklist. Safety Cells (WA) (2.5) There are no cells of this type in the court holding facilities. Text of this regulation is X Contain 48 square feet with one floor dimension at deleted from this checklist. least 6 feet Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) Individuals remanded to jail are searched and property is removed, inventoried, and placed X Available for inmate valuables in a locked container for transport to the jail with the inmate. Telephone (2.1) Inmates will use the phone when they return to jail. X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) Cameras are in the hallways and monitors are in the workstations. There are call For facilities planned or constructed after 8-86 X buttons located in the attorney rooms. Each bailiff has a video-monitor that looks into the hallway of his or her holding area. Janitor Closet (2.20) X Available 5206 Santa Clara Hall of Justice Courts CHJ PHY 23-24 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 5206 Santa Clara Hall of Justice Courts CHJ PHY 23-24 - 2 - A370 PHY CH-TH 1-78.dot (9/98)