Santa Clara Police Department (2023-2024 inspection cycle)

December 20, 2024 Patrick Nikolai, Chief of Police Santa Clara Police Department 601 El Camino Real Santa Clara, CA 95050 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, SANTA CLARA POLICE DEPARTMENT’S TEMPORARY HOLDING FACILITIES Dear Chief Nikolai: A Comprehensive Inspection of the Santa Clara Police Department’s Temporary Holding Facilities has been completed. A pre-inspection briefing was held on Thursday, September 5, 2024, and the following facilities were inspected between Monday, November 18, 2024, and Tuesday, November 19, 2024: FACILITY NAME BSCC # FACILITY TYPE Santa Clara PD 5225 THJ Santa Clara PD Levi Stadium 5227 THJ 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. INSPECTION RESULTS We identified no items of noncompliance with Title 15 Minimum Standards. No items of noncompliance were identified with Title 24 Minimum Standards. An Exit Briefing with your staff was held on Tuesday, November 19, 2024; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. * * * Please email me at matthew.schuler@bscc.ca.gov or call (916) 261-4323 if you have any questions. Patrick Nikolai Chief of Police Page 2 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* Scott Mead, Officer, Santa Clara Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 5225+ Santa Clara Police Department THJ Comprehensive LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5225 FACILITY NAME: SANTA CLARA PD FACILITY TYPE: THJ PERSON(S) INTERVIEWED: OFFICER SCOTT MEAD AND JAIL OFFICER ALEX QUINTERO FIELD REPRESENTATIVE: MATTHEW SCHULER DATE: 11/19/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Santa Clara Police Department Policy Manual HOLDING FACILITY TRAINING (SCPM) - 900.12 Training At a minimum, all supervisors of and personnel who Eight hours of specialized training shall supervise incarcerated persons in, a Court Holding or include but not be limited to the following: Temporary Holding facility shall complete eight hours of specialized corrections training. Such training shall (a) Applicable minimum jail standards include, but not be limited to: (b) Jail operations liability (a) applicable minimum jail standards; (c) Inmate segregation (b) jail operations liability; (d) Emergency procedures and planning, (c) separation of incarcerated persons; fire safety, and life safety (d) emergency procedures and planning, fire and life safety; and; ☒ ☐ ☐ (e) Suicide prevention (e) suicide prevention; (f) de-escalation; BSCC staff verified that all required training (g) juvenile procedures; had been completed. (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 SCPM 900.12 – Training in any event not more than six months after the date of assigned responsibility. Successful completion of Core The policy states, ”Department members training or supplemental Core training, pursuant to responsible for supervising adults in Section 1020, Corrections Officer Core Course, may be ☒ ☐ ☐ temporary custody shall complete the substituted for the initial eight hours of training. Corrections Officer Core Course or eight hours of specialized training within six months of assignment.” 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. 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A total of eight hours of refresher training shall be SCPM 900.12 – Training completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional The policy states, ”Eight hours of refresher Training may be substituted for the eight-hour refresher. training shall be completed once every two ☒ ☐ ☐ years.” 1027 NUMBER OF PERSONNEL SCPM 206 - Staffing Levels SCPM 900.3.2 - Supervision in Temporary A sufficient number of personnel shall be employed in Custody each local detention facility to ensure the implementation and operation of the programs and activities required by The policy states, ”The paramount concern is these regulations. ☒ ☐ ☐ the need to meet operational requirements of the Department.” BSCC staff reviewed staffing schedules, and the department meets its staffing needs. Whenever there is a person in custody, there shall be at SCPM 206 - Staffing Levels least one employee on duty at all times in a local SCPM 900.3.2 - Supervision in Temporary detention facility or in the building which houses a local Custody detention facility who shall be immediately available and accessible to incarcerated people in the event of an ☒ ☐ ☐ The policy states, ”An authorized department emergency. member capable of supervising shall be present at all times when an individual is held in temporary custody.” Such an employee shall not have any other duties which SCPM 206 - Staffing Levels would conflict with the supervision and care of SCPM 900.3.2 - Supervision in Temporary incarcerated people in the event of an emergency. Custody ☒ ☐ ☐ The policy states,”The member responsible for supervising should not have other duties that could unreasonably conflict with his/her supervision.” Whenever one or more females are in custody, there SCPM 206 - Staffing Levels shall be at least one female employee who shall be SCPM 900.3.2 - Supervision in Temporary immediately available and accessible to such females. Custody Note: Reference PC § 4021. The policy states, ”At least one female department member should be present when ☒ ☐ ☐ a female adult is in temporary custody. In the event that none is readily available, the female in custody should be transported to another facility or released pursuant to another lawful process.” In order to determine if there is a sufficient number of SCPM 206 - Staffing Levels personnel for a specific facility, the facility administrator SCPM 900.3.2 - Supervision in Temporary shall prepare and retain a staffing plan indicating the Custody personnel assigned in the facility and their duties. Such a staffing plan shall be reviewed by the Board staff at the The Jail is staffed with Jail Services Officers ☒ ☐ ☐ time of their biennial inspection. The results of such a for the dayshift. The jail is not staffed review and recommendations shall be reported to the overnight due to no staffing available. local jurisdiction having fiscal responsibility for the facility. Detainees are brought straight to Santa Clara County Jail. 5225 SANTA CLARA PD THJ PRO 23-24 Page 2 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027.5 SAFETY CHECKS SCPM 900.8 – Holding Cells The facility administrator shall develop and implement policy and procedures for conducting safety checks that BSCC staff reviewed a random sampling of include, but are not limited to, the following: Safety Check Reports from January 2023 ☒ ☐ ☐ (a) Safety checks will determine the safety and well-being through October 2024. The documentation of individuals and shall be conducted at least hourly appeared to be compliant with this regulation. through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse SCPM 900.8 – Holding Cells between safety checks. ☒ ☐ ☐ The policy states, ”Safety checks by department members shall occur no less than every 60 minutes.” (c) Safety checks for people in sobering cells, safety cells, SCPM 900.8 – Holding Cells and restraints shall occur more frequently as outlined in SCPM 900.8.1 – Use of Sobering Cell section 1055, section 1056, and section 1058 of these regulations. The policy states, ”A safety check consisting of direct visual observation sufficient to ☒ ☐ ☐ assess the individual’s well-being and behavior shall occur at least once every 30 minutes with no more than a 15-minute lapse between safety checks.” (d) Safety checks shall occur at random or varied SCPM 900.8 – Holding Cells intervals. ☒ ☐ ☐ Policy states, ”Safety checks should be varying times.” (e) There shall be a written plan that includes the SCPM 900.8 – Holding Cells documentation of all safety checks. Documentation shall include: ☒ ☐ ☐ (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check SCPM 900.8 – Holding Cells occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff SCPM 900.8 – Holding Cells who completed the safety check(s). ☒ ☐ ☐ (f) A documented process by which safety checks are SCPM 900.8 – Holding Cells 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 SCPM 900.3.3 – Staffing Plan Whenever there is a person in custody, there shall be at The policy states, ”The plan should ensure least one person on duty at all times who meets the that at least one member who meets the training standards established by the Board for general training standards established by the Board of fire and life safety. [Penal Code section 6030(c)]. ☒ ☐ ☐ State and Community Corrections (BSCC) for general fire- and life-safety and is trained in fire- and life-safety procedures relating specifically to the facility is on-duty at all times.” The facility manager shall ensure that there is at least one SCPM 900.3.3 – Staffing Plan person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 5225 SANTA CLARA PD THJ PRO 23-24 Page 3 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL2 Santa Clara Police Department Policy Manua (SCPM), Chapter 9. This chapter is used for Facility administrator(s) shall develop and publish a the temp holding facility. manual of policy and procedures for the facility. The policy and procedures manual shall address all The SCPM reflects that it was last reviewed applicable Title 15 and Title 24 regulations and shall be or updated on June 6, 2024. comprehensively reviewed and updated at least every ☒ ☐ ☐ two years. Such a manual shall be made available to all BSCC Staff verified that the current manual employees. was readily available to agency staff. Notes: The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III SCPM 200 - Organizational Structure and facilities shall provide for, but not be limited to, the Responsibility following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility SCPM 900.11 - Assigned Administrator administrator/manager. ☒ ☐ ☐ (m) Inspections and operations reviews (3) Policy on the use of force that meets current state SCPM 300 - Use of Force and federal legal requirements and includes prohibition of the use of carotid restraint and choke ☒ ☐ ☐ holds. (4) Policy on the use of restraint equipment, including SCPM 302 - Handcuffing and Restraints the restraint of pregnant persons as referenced in SCPM 302.3.2 - Restraint of Pregnant ☒ ☐ ☐ Penal Code Section 3407. Persons (5) Procedure and criteria for screening newly SCPM 411 - Cite and Release Policy received persons for release. ☒ ☐ ☐ SCPM 411.3.2 - Release After Booking (6) Security and control including physical counts and SCPM 900.8 – Holding Cells searches of the facility and incarcerated persons, SCPM 900.8.1 - Temporary Custody Logs contraband control, and key control. SCPM 900.11 - Assigned Administrator- (b) Each facility administrator shall, at least annually, Key control review, evaluate, and make a record of security SCPM 901 - Custody Searches measures. The review and evaluation shall include internal and external security measures of the facility The policy states, ”Annual review and ☒ ☐ ☐ including security measures specific to prevention of evaluation of security measures including sexual abuse and sexual harassment. internal and external security measures, sanitation, safety, and maintenance. “ BSCC staff reviewed the annual administrative review. (7) Emergency procedures include: SCPM 900.11 - Assigned Administrator - (g) (A) fire suppression preplan as required by Fire- and life-safety, including a fire ☒ ☐ ☐ section 1032 of these regulations; suppression pre-plan as required. (B) escape, disturbances, and the taking of SCPM 900.11 - Assigned Administrator hostages; ☒ ☐ ☐ (C) mass arrests; SCPM 900.11 - Assigned Administrator ☒ ☐ ☐ (D) natural disasters; SCPM 900.11 - Assigned Administrator ☒ ☐ ☐ 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5225 SANTA CLARA PD THJ PRO 23-24 Page 4 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (E) periodic testing of emergency equipment; and SCPM 900.11 - Assigned Administrator ☒ ☐ ☐ (F) storage, issue, and use of weapons, SCPM 900.5.7 - Firearms and Other Security ammunition, chemical agents, and related Measures ☒ ☐ ☐ security devices. (8) Suicide Prevention. SCPM 900.12 - Training ☒ ☐ ☐ (9) Separation of incarcerated persons. SCPM 900.4.1 - Screening and Placement ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual abuse SCPM 902 - Prison Rape Elimination and sexual harassment. ☒ ☐ ☐ (11) Policy and procedure to detect, prevent, and SCPM 902.4 - Reporting Sexual Abuse, respond to retaliation against any staff or person after Harassment, and Retaliation ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for SCPM 411 - Cite and Release Policy incarcerated persons. ☒ ☐ ☐ (e) The manual for Temporary Holding, Court Holding, SCPM 902.4 - Reporting Sexual Abuse, Type I, II, III, and IV facilities shall provide for, but not be Harassment, and Retaliation limited to, the following: (1) multiple internal ways for incarcerated people to The policy states, ”During intake, the privately report sexual abuse and sexual Department shall notify all detainees and harassment, retaliation by other incarcerated prisoners of the zero-tolerance policy persons or staff for reporting sexual abuse and ☒ ☐ ☐ regarding sexual abuse and sexual sexual harassment, and staff neglect or violation of harassment, and of at least one way to responsibilities that may have contributed to such report.” incidents, BSCC Staff verified that PREA signs were posted in the holding facility. (2) a method for uninvolved incarcerated persons, SCPM 902.3 - PREA Coordinator family, community members, and other interested third parties to report sexual abuse or sexual The policy states, ”Ensuring that information harassment. The method for reporting shall be for uninvolved inmates, family, community publicly posted at the facility. members, and other interested third parties to ☒ ☐ ☐ report sexual abuse or sexual harassment is publicly posted at the facility.” BSCC staff verified that PREA signs were posted in the facility's public lobby. 1030 SUICIDE PREVENTION PROGRAM SCPM 900.4 - Initiating Temporary Custody SCPM 900.9 - Suicide Attempt, Death, or The facility shall have a comprehensive written suicide Serious Injury prevention program developed by the facility administrator or designee, in conjunction with the health ☒ ☐ ☐ authority and mental health director, to identify, monitor, and provide treatment to those incarcerated persons who present a suicide risk. The program shall include the following: (a) Annual suicide prevention training for all custodial SCPM 900.4 - Initiating Temporary Custody personnel. SCPM 900.9 - Suicide Attempt, Death, or ☒ ☐ ☐ Serious Injury (b) Intake screening for suicide risk immediately upon SCPM 900.4 - Initiating Temporary Custody intake and prior to housing assignment. SCPM 900.9 - Suicide Attempt, Death, or ☒ ☐ ☐ Serious Injury 5225 SANTA CLARA PD THJ PRO 23-24 Page 5 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Suicide prevention screening during special SCPM 900.4 - Initiating Temporary Custody situations, including placement in restrictive housing, SCPM 900.9 - Suicide Attempt, Death, or following a hearing, and after a transfer or change in Serious Injury classification. ☒ ☐ ☐ Policy states, ”The department member transporting the individual shall ensure such risks are communicated to intake personnel at the other facility.” (d) Provisions facilitating communication among SCPM 900.4 - Initiating Temporary Custody arresting/transporting officers, facility staff, court staff, SCPM 900.9 - Suicide Attempt, Death, or medical and mental health personnel in relation to suicide ☒ ☐ ☐ Serious Injury risk. (e) Housing recommendations for people at risk of suicide SCPM 900.4 - Initiating Temporary Custody that balance safety and environment. The least restrictive SCPM 900.9 - Suicide Attempt, Death, or ☒ ☐ ☐ environment should be considered. Serious Injury (f) Supervision depending on level of suicide risk. SCPM 900.4 - Initiating Temporary Custody SCPM 900.9 - Suicide Attempt, Death, or ☒ ☐ ☐ Serious Injury (g) Suicide attempt and suicide intervention policies and SCPM 900.4 - Initiating Temporary Custody procedures. SCPM 900.9 - Suicide Attempt, Death, or ☒ ☐ ☐ Serious Injury (h) Provisions for reporting suicides and suicides SCPM 900.4 - Initiating Temporary Custody attempts. SCPM 900.9 - Suicide Attempt, Death, or ☒ ☐ ☐ Serious Injury (i) Multi-disciplinary administrative review of suicides and SCPM 900.4 - Initiating Temporary Custody attempted suicides as defined by the facility SCPM 900.9 - Suicide Attempt, Death, or administrator, including the development of a corrective Serious Injury ☒ ☐ ☐ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. SCPM 900.4 - Initiating Temporary Custody Note: Subsection (k) does not apply and has been ☒ ☐ ☐ SCPM 900.9 - Suicide Attempt, Death, or Serious Injury deleted. 1032 FIRE SUPPRESSION PREPLANNING SCPM 900.11 - Assigned Administrator - (g) Fire- and life-safety, including a fire Pursuant to Penal Code Section 6031.1(b), the facility suppression pre-plan as required by 15 CCR administrator shall consult with the local fire department 1032. ☒ ☐ ☐ 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 SCPM 900.11 - Assigned Administrator - (g) fire department to be included as part of the policy and Fire- and life-safety, including a fire procedures manual (Title 15, California Code of suppression pre-plan as required by 15 CCR ☒ ☐ ☐ Regulations Section 1029); 1032. (b) monthly fire prevention inspections by facility staff with SCPM 900.11 - Assigned Administrator - (g) two-year retention of the inspection record; Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR 1032. ☒ ☐ ☐ BSCC Staff reviewed two years of facility staff completed monthly fire and life safety inspections. Appeared to be compliant with this regulation. 5225 SANTA CLARA PD THJ PRO 23-24 Page 6 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) fire prevention inspections as required by Health and SCPM 900.11 - Assigned Administrator - (g) Safety Code Section 13146.1(a) and (b) which requires Fire- and life-safety, including a fire inspections at least once every two years; ☒ ☐ ☐ suppression pre-plan as required by 15 CCR 1032. (d) an evacuation plan; and SCPM 900.11 - Assigned Administrator - (g) Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR 1032. ☒ ☐ ☐ The evacuation route is posted on the alarm panel in the jail office. (e) a plan for the emergency housing of incarcerated SCPM 900.11 - Assigned Administrator - (g) people in the case of fire. Fire- and life-safety, including a fire ☒ ☐ ☐ suppression pre-plan as required by 15 CCR 1032. 1044 INCIDENT REPORTS SCPM 323.2 – Required Reporting SCPM 900.5.8 - Reporting Physical Harm or Each facility administrator shall develop written policies Serious Threat of Physical Harm. and procedures for the maintenance of written records and reporting of all incidents which result in physical The policy states, ”Any incident that results in harm, or serious threat of physical harm, to an employee physical harm or serious threat of physical ☒ ☐ ☐ or incarcerated person of a detention facility or other harm to a member, person in custody, or any person. other person shall be documented as stated in the Use of Force or On-Duty Injuries policies, or other applicable reporting process.” Such records shall include the names of the persons SCPM 323.2 – Required Reporting involved, a description of the incident, the actions taken, SCPM 900.5.8 - Reporting Physical Harm or ☒ ☐ ☐ and the date and time of the occurrence. Serious Threat of Physical Harm. Such a written record shall be prepared by the staff SCPM 323.2 – Required Reporting assigned to investigate the incident and submitted to the SCPM 900.5.8 - Reporting Physical Harm or facility manager or designee. Serious Threat of Physical Harm. ☒ ☐ ☐ No incident reports were provided during this inspection cycle. 1046 DEATH IN CUSTODY SCPM 900.9 - Suicide Attempt, Death, or Serious Injury (a) The facility administrator shall develop written policy and procedures to comply with the in-custody death The policy states, ”In the case of a death, reporting requirements of Government Code section providing a report to the Attorney General 12525. The facility administrator shall submit a copy of ☒ ☐ ☐ under Government Code § 12525 within 10 the report filed pursuant to section 12525 to the BSCC calendar days of the death, and forwarding within 10 days of an in-custody death. the same report to the Board of State and Community Corrections within the same time frame.” (b) The facility administrator, in cooperation with the SCPM 900.9 - Suicide Attempt, Death, or health administrator, shall develop written policy and Serious Injury procedures to conduct an initial review and complete a written report of every in-custody death within 30 days of The policy states, ”The Field Operations the death. The team that conducts the initial review shall Division Commander will ensure procedures ☒ ☐ ☐ include, at a minimum, the facility administrator or are in place to address any suicide attempt, designee, the health administrator, the responsible death, or serious injury of any individual in physician and other health care, and supervision staff temporary custody at the Santa Clara Police who are relevant to the incident. Department.” 5225 SANTA CLARA PD THJ PRO 23-24 Page 7 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Deaths shall be reviewed to determine the SCPM 900.9 - Suicide Attempt, Death, or appropriateness of clinical care; whether changes to Serious Injury policies, procedures, or practices are warranted; and to ☒ ☐ ☐ identify issues that require further study. (c) The facility administrator shall submit a copy of the SCPM 900.9 - Suicide Attempt, Death, or initial review report of every in-custody death to the BSCC Serious Injury within 60 days of the death. The facility administrator shall provide a copy of the initial review report that comports Draft policy states, “shall submit a copy of ☒ ☐ ☐ with the disclosure requirements of section 832.10 of the the initial review report of every in-custody Penal Code. death to the BSCC within 60 days of the death.” The initial review report shall contain the following SCPM 900.9 - Suicide Attempt, Death, or information: Serious Injury (1) Demographic information (A) Full name of the decedent (B) Date of birth (C) Date of death (D) Time of death (E) Gender (F) Race and ethnicity (G) Relevant medical history (2) Facility Information ☒ ☐ ☐ (A) Name and location of the detention facility (B) Description of the location where the death occurred within the facility (C) Date and time of the incident (D) Detention facility personnel (including names and roles) involved in the reporting of the death or incident (3) Any relevant circumstances leading up to death, including behavioral health or medical issues. (d) In any case in which a minor dies while detained in a SCPM 900.9 - Suicide Attempt, Death, or jail, lockup, or court holding facility the BSCC may inspect Serious Injury and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter within 30 Juveniles are not held within this facility. calendar days of the death. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 5225 SANTA CLARA PD THJ PRO 23-24 Page 8 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN SCPM 900.4.1 - Screening and Placement (a) Each administrator of a temporary holding, Type I, II, Policy states, ”b) Evaluate the following or III facility shall develop and implement a written issues against the stated risks in: classification plan designed to properly assign incarcerated persons to housing units and activities (a) to determine the need for placing the according to the categories of gender identity, age, individual in a single cell: criminal sophistication, seriousness of crime charged, 1. Consider whether the individual physical or mental health needs, assaultive/non- may be at a high risk of being assaultive behavior, risk of being sexually abused, or sexually abused based on all sexually harassed and other criteria which will provide for available known information. the safety of the incarcerated people and staff. Such 2. Provide any individual identified housing unit assignment shall be accomplished to the as being at a high risk for sexual or extent possible within the limits of the available number ☒ ☐ ☐ other victimization. of distinct housing units or cells in a facility. 3. Ensure individuals are separated according to the severity of the crime. The written classification plan shall be based on objective criteria and include receiving screening performed at the 4. Ensure males and females are time of intake by trained personnel, and a record of each separated by sight and sound when person's classification level, housing restrictions, and in cells. housing assignments. (d) Ensure separation, as appropriate, Note: Subsection (b) does not apply and has been based on other factors, such as age, deleted. criminal sophistication, assaultive/non- assaultive behavior, mental state, disabilities, and sexual orientation.” (c) In deciding housing and programming assignments, SCPM 900.4.1 - Screening and Placement the agency shall consider on a case-by-case basis whether a placement would ensure the health and safety 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 SCPM 900.3.1 - Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and The policy states, “Any individual who claims procedures specifying those symptoms that require ☒ ☐ ☐ to have, is known to be afflicted with, or medical isolation of an incarcerated person until a displays symptoms of any communicable medical evaluation is completed. disease that poses an unreasonable exposure risk.” At the time of intake into the facility, an inquiry shall be SCPM 900.3.1 - Individuals Who Should Not made of the person being booked as to whether the Be in Temporary Custody person has or has had any communicable diseases, such as tuberculosis or has observable symptoms of The policy states, ”Individuals should not be tuberculosis or any other communicable diseases, or in temporary custody at the Department ☒ ☐ ☐ other special medical problem identified by the health unless they have been evaluated by a authority. The response shall be noted on the medical qualified medical or mental health screening from. professional, as appropriate for the circumstances.” 5225 SANTA CLARA PD THJ PRO 23-24 Page 9 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 BEHAVIORAL CRISIS IDENTIFICATION SCPM 900.3.1 - Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and The policy states, ”Individuals should not be procedures to identify and evaluate all incarcerated in temporary custody at the Department ☒ ☐ ☐ people who may be in behavioral crisis. Evaluation of unless they have been evaluated by a behavioral crisis may include telehealth. qualified medical or mental health professional, as appropriate for the circumstances.” If an evaluation from medical or mental health staff is not SCPM 900.3.1 - Individuals Who Should Not readily available, an incarcerated person shall be Be in Temporary Custody considered in behavioral crisis for the purpose of this section if they appear to be a danger to themselves or The policy states, ”Any individual who ☒ ☐ ☐ others or appear gravely disabled. appears to be a danger to him/herself or others due to a mental disorder or who appears gravely disabled.” An evaluation from medical or mental health staff shall be SCPM 900.3.1- Individuals Who Should Not secured within 24 hours of identification or at the next Be in Temporary Custody daily sick call, whichever is earliest. ☐ ☐ ☒ BSCC confirmed no person is held in this facility for 24 hours. Separation may be used if necessary, to protect the SCPM 900.3.1 - Individuals Who Should Not safety of the person in crisis or others. Be in Temporary Custody ☒ ☐ ☐ SCPM 900.4.1 – Screening and Placement 1053 ADMINISTRATIVE SEPARATION SCPM 900.4.1 - Screening and Placement Except for Type IV facilities, facility administrators shall The policy states,”b) Evaluate the following develop and implement policies and procedures for the issues against the stated risks in: administrative separation of incarcerated people. (a) to determine the need for placing the individual in a single cell: 1. Consider whether the individual may be at a high risk of being sexually abused based on all available known information. 2. Provide any individual identified as being at a high risk for sexual or ☒ ☐ ☐ other victimization. 3. Ensure individuals are separated according to the severity of the crime. 4. Ensure males and females are separated by sight and sound when in cells. (d) Ensure separation, as appropriate, based on other factors, such as age, criminal sophistication, assaultive/non- assaultive behavior, mental state, disabilities, and sexual orientation.” 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 0 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Policies and procedures must include: SCPM 900.4.1 - Screening and Placement (a) Administrative separation may consist of separate housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of protecting the welfare of incarcerated people and facility ☒ ☐ ☐ staff. Note: Subsections (b) through (e) do not apply and have been deleted. 1055 USE OF SAFETY CELL No Safety Cell is located within this jail facility. The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people who ☐ ☐ ☒ display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate authority to place an incarcerated person in a safety cell ☐ ☐ ☒ to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment or as a substitute for treatment. ☐ ☐ ☒ (b) A person shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible health care staff; continued retention shall be ☐ ☐ ☒ reviewed a minimum of every four hours. (c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be medically cleared for continued retention, referral to ☐ ☐ ☒ advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. (d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on ☐ ☐ ☒ placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute lapse between safety checks. Such observation shall be ☐ ☐ ☒ documented. (f) Procedures shall be established to assure administration of necessary nutrition and fluids. ☐ ☐ ☒ (g) People placed in the safety cell shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☐ ☐ ☒ privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented. 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 1 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL SCPM 900.8.1 - Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section The policy states, ”Inmates who are to be held 1231.2.4, shall be used for temporary holding of in the Temporary Holding Facility and who incarcerated people who are a threat to their own safety ☒ ☐ ☐ present a threat to their own safety or the or the safety of others due to their state of intoxication. safety of others due to their state of intoxication should be placed in a sobering cell.” A person shall be removed from the sobering cell as soon SCPM 900.8.1 - Use of Sobering Cell as they are able to continue the admission process or are no longer a risk to themselves or others. Policy states, ”Inmates will be removed from the cell when they no longer pose a threat to ☒ ☐ ☐ their own safety and the safety of others and are able to continue processing.” In no case shall a person remain in a sobering cell over SCPM 900.8.1 - Use of Sobering Cell six hours without an evaluation by medical or custody staff to determine whether the person has an urgent ☒ ☐ ☐ medical problem, pursuant to section 1213 of these regulations. At 12 hours from the time of placement, all persons must SCPM 900.8.1 - Use of Sobering Cell receive an evaluation by responsible health care staff. BSCC staff confirmed that no individuals ☒ ☐ ☐ were held within the sobering cell for 12 hours. Intermittent direct visual observation of people held in the SCPM 900.8.1 - Use of Sobering Cell sobering cell shall be conducted no less than every half hour. Such observation shall be documented. The policy states, ”(c) A safety check consisting of direct visual observation sufficient to assess the inmate’s well-being and behavior shall occur at least once every ☒ ☐ ☐ 30 minutes. Each safety check shall be documented in the cell log. Supervisors shall check the logs for completeness every two hours and document this action on the cell log.” 1057 DEVELOPMENTAL DISABILITIES SCPM 900.3.1 - Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the identification and evaluation, ☒ ☐ ☐ appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the SCPM 900.3.1 - Individuals Who Should Not regional center for any incarcerated person suspected or Be in Temporary Custody confirmed to have a developmental disability for the ☐ ☐ ☒ purposes of diagnosis or treatment within 24 hours of BSCC staff confirmed that no person is held such determination, excluding holidays and weekends. in this facility for 24 hours. 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 2 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES SCPM 900.6 - Use of Restraint Devices The facility administrator, in cooperation with the The policy states, ”The use of restraints, other responsible physician, shall develop and implement than handcuffs or leg irons, generally should written policies and procedures for the use of restraint not be used for individuals in temporary devices. Restraint devices include any devices which custody at the Santa Clara Police Department immobilize extremities or prevent the incarcerated person ☒ ☐ ☐ unless the person presents a heightened risk, from being ambulatory. The provisions of this section do and only in compliance with the Handcuffing not apply to the use of handcuffs, shackles, or other and Restraints Policy.” restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: SCPM 900.6 - Use of Restraint Devices (1) acceptable restraint devices; ☐ ☐ ☒ No restraint devices as described in the regulation are used within this facility. (2) signs or symptoms which should result in SCPM 900.6 - Use of Restraint Devices immediate medical/mental health referral; availability ☐ ☐ ☒ of cardiopulmonary resuscitation equipment; (3) protective housing of restrained persons; SCPM 900.4.1 - Screening and Placement SCPM 900.6 - Use of Restraint Devices ☒ ☐ ☐ (4) provision for hydration and sanitation needs; and, SCPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ (5) exercising of extremities. SCPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ (b) Policy shall also include, but not be limited to, the SCPM 900.6 - Use of Restraint Devices following requirements: (1) In no case shall restraints be used for punishment ☐ ☐ ☒ or as a substitute for treatment. (2) Restraint devices shall only be used on SCPM 900.6 - Use of Restraint Devices incarcerated people who display behavior which 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 SCPM 900.6 - Use of Restraint Devices restrictive alternatives, including verbal de-escalation techniques, have been attempted and are deemed ☐ ☐ ☒ ineffective. (4) An incarcerated person shall be placed in SCPM 900.6 - Use of Restraint Devices restraints only with the approval of the facility manager, the facility watch commander, or ☐ ☐ ☒ No restraint devices as described in the responsible health care staff; continued retention regulation are used within this facility. shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be SCPM 900.6 - Use of Restraint Devices maintained until a medical opinion can be obtained. ☐ ☐ ☒ (6) A medical opinion on placement and retention SCPM 900.6 - Use of Restraint Devices shall be secured within one hour from the time of ☐ ☐ ☒ placement. 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 3 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (7) A medical assessment shall be completed within SCPM 900.6 - Use of Restraint Devices four hours of placement. ☐ ☐ ☒ (8) Continuous direct visual observation shall be SCPM 900.6 - Use of Restraint Devices conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. ☐ ☐ ☒ While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation SCPM 900.6 - Use of Restraint Devices with responsible health care staff 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 SCPM 900.6 - Use of Restraint Devices the restraint device manufacturer’s recommended ☐ ☐ ☒ maximum time limits for placement. (11) All events and information related to the SCPM 900.6 - Use of Restraint Devices placement in restraints shall be documented and shall be video recorded unless exigent No restraint devices as described in the circumstances prevent staff from doing so. The regulation are used within this facility. 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 SCPM 302 - Handcuffing and Restraints SCPM 302.3.2 - Restraint of Pregnant The facility administrator, in cooperation with the Persons responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: (1) An incarcerated person known to be pregnant or SCPM 302 - Handcuffing and Restraints in recovery after delivery or termination of the SCPM 302.3.2 - Restraint of Pregnant pregnancy shall not be restrained by the use of leg or Persons waist restraints, or handcuffs behind the body. The policy states, ”Leg irons, waist chains, or ☒ ☐ ☐ handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property.” (2) An incarcerated pregnant person in labor, during SCPM 302 - Handcuffing and Restraints delivery, or in recovery after delivery or termination of SCPM 302.3.2 - Restraint of Pregnant the pregnancy, shall not be restrained by the wrists, Persons ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the The policy states, “No person who is in labor, staff, or the public. delivery, or recovery after delivery shall be ☒ ☐ ☐ handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others.” 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 4 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional SCPM 302 - Handcuffing and Restraints who is currently responsible for the medical care of SCPM 302.3.2 - Restraint of Pregnant an incarcerated pregnant person during a medical Persons 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 SCPM 302 - Handcuffing and Restraints pregnancy, they shall be advised, orally or in writing, SCPM 302.3.2 - Restraint of Pregnant of the standards and policies governing incarcerated Persons pregnant people. ☒ ☐ ☐ Persons known to be pregnant are taken directly to the county jail facility. 1067 ACCESS TO TELEPHONE SCPM 900.5.5 - Telephone Calls The facility administrator shall develop written policies The policy states, ”Immediately upon being and procedures which allow access to a telephone or booked and, except where physically communication device beyond those telephone calls impossible, no later than three hours after which are required by Section 851.5 of the Penal Code. arrest, an individual in custody has the right to Individuals who are known to have, or are perceived by make at least three completed calls to an others as having hearing or speech impairments shall be attorney, bail bondsman, and a relative or ☒ ☐ ☐ provided access to the appropriate telecommunication other person.” device which will facilitate communication. Such devices may include but are not limited to videophones, 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 SCPM 900.5.5 - Telephone Calls SCPM 900.5.2 - Temporary Custody The facility administrator shall develop written policies Requirements 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. SCPM 900.5.5 - Telephone Calls SCPM 900.5.2 - Temporary Custody ☒ ☐ ☐ Requirements 1080 RULES AND DISCIPLINARY ACTIONS PM 900.5.10 - Discipline Wherever discipline is administered, each facility The policy states, ”Discipline will not be administrator shall establish written rules and disciplinary administered to any individual in custody at actions to guide the conduct of incarcerated persons. ☐ ☐ ☒ this facility. Any individual in custody who repeatedly fails to follow directions or facility Notes: If discipline IS NOT administered, written policy rules should be transported to the appropriate should indicate as such. If discipline IS administered, jail, mental health facility or hospital.” Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply PM 900.5.10 - Discipline and affirmatively and posted conspicuously in housing units and the booking area or issued to each person upon ☐ ☐ ☒ booking. For those individuals with limited literacy, who are unable PM 900.5.10 - Discipline to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide them with material in an ☐ ☐ ☒ understandable form regarding jail rules and disciplinary procedures and actions. 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 5 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR DISCIPLINE OF INCARCERATED PM 900.5.10 - Discipline PERSONS Discipline will not be administered to any Each facility administrator shall develop written policies individual in custody at this facility 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 or PM 900.5.10 - Discipline repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the staff member observing the act and submitted to ☐ ☐ ☒ the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. PM 900.5.10 - Discipline ☐ ☐ ☒ 2. Placement in disciplinary separation. PM 900.5.10 - Discipline ☐ ☐ ☒ 3. Loss of privileges mandated by regulations. PM 900.5.10 - Discipline ☐ ☐ ☒ A staff member with investigative and disciplinary PM 900.5.10 - Discipline authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are PM 900.5.10 - Discipline involved in the charges. ☐ ☐ ☒ Such charges pending against an incarcerated person PM 900.5.10 - Discipline shall be acted on with the following provisions and within specified timeframes: 1. A copy of the report, or a separate written notice of ☐ ☐ ☒ the violation(s), shall be provided to the incarcerated person. 2. Unless declined by the incarcerated person, a PM 900.5.10 - Discipline hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been informed of the charges in writing. The hearing may ☐ ☐ ☒ be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to PM 900.5.10 - Discipline appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The incarcerated person shall have access to staff or ☐ ☐ ☒ assistance when they have limited literacy, or the issues are complex. 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 6 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 4. A charge(s) shall be acted on no later than 72 PM 900.5.10 - Discipline hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary PM 900.5.10 - Discipline charges by the disciplinary officer, the charges and the action taken shall be reviewed by the facility ☐ ☐ ☒ manager or designee. 6. The incarcerated person shall be advised in a PM 900.5.10 - Discipline written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a PM 900.5.10 - Discipline supervisor on all disciplinary action. ☐ ☐ ☒ 1082 FORMS OF DISCIPLINE PM 900.5.10 - Discipline The degree of actions taken by the disciplinary officer Discipline will not be administered to any shall be directly related to the severity of the rule individual in custody at this facility infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. ☐ ☐ ☒ (b) Extra work detail. (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS PM 900.5.10 - Discipline The Penal Code and the State Constitution expressly Discipline will not be administered to any prohibit all cruel and unusual punishment. Disciplinary individual in custody at this facility 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 PM 900.5.10 - Discipline 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall ☐ ☐ ☒ continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 7 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) The disciplinary separation cells or cell shall have PM 900.5.10 - Discipline the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day except that those incarcerated persons who engage ☐ ☐ ☒ in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (3) If after placement in separation, mental health or PM 900.5.10 - Discipline medical staff determine that an individual has serious mental illness or an intellectual disability, they shall ☐ ☐ ☒ be removed from disciplinary separation immediately upon this determination. (b) The delegation of authority to any incarcerated person PM 900.5.10 - Discipline or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, PM 900.5.10 - Discipline Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the PM 900.5.10 - Discipline implements necessary to maintain an acceptable level of personal hygiene as specified in Section 1265 of these ☐ ☐ ☒ regulations. (e) Food shall not be withheld as a disciplinary measure. PM 900.5.10 - Discipline ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld PM 900.5.10 - Discipline except in cases where the incarcerated person has violated correspondence regulations, in which case correspondence may be suspended for no longer than 72 ☐ ☐ ☒ hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be PM 900.5.10 - Discipline suspended as a disciplinary measure. ☐ ☐ ☒ 1084 DISCIPLINARY RECORDS PM 900.5.10 - Discipline Penal Code Section 4019.5 requires that a record is kept of all disciplinary actions administered therefore. This ☐ ☐ ☒ requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1270 STANDARD BEDDING AND LINEN ISSUE Nobody is held in this facility overnight. 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; 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 8 of 23 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) one mattress cover or one sheet; ☐ ☐ ☒ (d) one blanket or more depending up on climatic conditions. ☐ ☐ ☒ Policy and procedure shall require that items (a), (b), and (d) above be provided prior to the first night in the facility. ☐ ☐ ☒ Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☐ ☐ ☒ and (d) above prior to their first night in the facility and every night thereafter. 1280 FACILITY SANITATION, SAFETY, AND SCPM 900.11 - Assigned Administrator MAINTENANCE The policy states, ”The Field Operations The facility administrator shall develop written policies Division Commander will ensure any and procedures for the maintenance of an acceptable reasonably necessary supplemental level of cleanliness, repair, and safety throughout the ☒ ☐ ☐ procedures are in place.” 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. 5225 SANTA CLARA PD THJ PRO 23-24 Page 1 9 of 23 A351 TH PRO eff. 07.01.24 DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in temporary custody in the jail. ☒ ☐ ☐ Facilities that do not hold minors in the jail cells are not subject to Title 15, Article 9 biennial inspections; however, if minors are held in the building, they may be subject to the requirements of Welfare and Institutions Code section 207.1. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION FACILITY The facility administrator shall develop policy and ☒ procedures for notification of the court of jurisdiction and ☐ ☐ the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies ☒ and procedures concerning minors being held in ☐ ☐ temporary custody which shall address: (a) suicide risk and prevention; (b) use of restraints; ☒ ☐ ☐ (c) emergency medical assistance and services; and ☒ ☐ ☐ (d) prohibiting use of discipline. ☒ ☐ ☐ 1143 CARE OF MINORS IN TEMPORARY CUSTODY ☒ (a) The following shall be made available to all minors ☐ ☐ held in temporary custody: (1) access to toilets and washing facilities; (2) one snack during term of temporary custody if the minor has not eaten within the past four (4) ☒ hours or is otherwise in need of appropriate ☐ ☐ nourishment; (3) access to drinking water; ☒ ☐ ☐ (4) access to language services; ☒ ☐ ☐ (5) access to disabilities services; ☒ ☐ ☐ (6) sanitary napkins, panty liners, and tampons as ☒ requested; ☐ ☐ (7) privacy during consultation with family, guardian, ☒ and/or lawyer; ☐ ☐ (8) blankets and clothing, as necessary, to assure ☒ the comfort of the minor; and ☐ ☐ (9) personal clothing unless the clothing is inadequate, presents a health or safety problem, or ☐ ☐ ☐ is required to be utilized as evidence of an offense. 5225 SANTA CLARA PD THJ PRO 23-24 Page 2 0 of 23 A351 TH PRO eff. 07.01.24 (b) Upon entry, the minor shall be informed in writing of what is available under this section, and it shall be ☒ posted in at least one conspicuous place to which ☐ ☐ minors have access. 1144 CONTACT BETWEEN MINORS AND INCARCERATED ADULTS ☒ The facility administrator shall establish policies and ☐ ☐ procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of incarcerated people) shall ☒ ☐ ☐ maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY A minor who is taken into temporary custody by a peace officer on the basis that they are a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these standards are met. ☐ ☐ ☒ Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Note: Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a serious security risk of harm to self or others, the officer may take into account the following factors: ☐ ☐ ☐ (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was ☒ taken into custody; ☐ ☐ (c) minor's behavior, including the degree to which the ☒ minor appears to be cooperative or non-cooperative; ☐ ☐ (d) the availability of staff to provide adequate supervision or protection of the minor; and ☐ ☐ ☐ (e) the age, type, and number of other individuals who ☒ are detained in the facility. ☐ ☐ 1146 CONDITIONS OF SECURE CUSTODY While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cuffing rail, ☒ ☐ ☐ or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 5225 SANTA CLARA PD THJ PRO 23-24 Page 2 1 of 23 A351 TH PRO eff. 07.01.24 1147 SUPERVISION OF MINORS IN SECURE CUSTODY INSIDE A LOCKED ENCLOSURE (a) Minors shall receive adequate supervision which, at ☒ ☐ ☐ a minimum, includes: (1) constant auditory access to staff by the minor; and (2) safety checks, as defined in Section 1006, of the minor by staff of the law enforcement facility, at least ☒ ☐ ☐ once every 30 minutes, which shall be documented. (b) Minors of different genders shall not be placed in the same locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ Minors held in secure custody outside of a locked ☐ ☐ enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety ☒ ☐ ☐ while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes ☒ thereafter shall be based upon the best interests of the ☐ ☐ minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(b) of the Welfare and Institutions Code, may be ☒ held in non- secure custody to investigate the case, ☐ ☐ facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. While minors are held in temporary non- secure custody the provisions of Section 1143 apply. 1150 SUPERVISION OF MINORS IN NON- SECURE CUSTODY Minors held in non-secure custody shall receive constant direct visual observation by staff of the law ☒ ☐ ☐ enforcement facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 5225 SANTA CLARA PD THJ PRO 23-24 Page 2 2 of 23 A351 TH PRO eff. 07.01.24 1151 MINORS UNDER THE INFLUENCE OF ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and ☒ procedures providing that a medical clearance shall be ☐ ☐ obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves, prior to secure or non-secure custody of that minor. Supervision of minors in secure custody in a locked room shall include safety checks at least once every 15 minutes until resolution of the intoxicated state or ☒ ☐ ☐ release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room shall be supervised in accordance with ☒ ☐ ☐ Section 1148. Supervision of minors in nonsecure custody shall be ☒ supervised in accordance with Section 1150. ☐ ☐ 5225 SANTA CLARA PD THJ PRO 23-24 Page 2 3 of 23 A351 TH PRO eff. 07.01.24 BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION PHYSICAL PLANT EVALUATION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 6/94; 2/99 Title 24, California Code of Regulations (CCR) BSCC Code: 5225 FACILITY NAME: Santa Clara PD FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 6/94: X 2/99: OTHER: FIELD REPRESENTATIVE: Matthew Schuler DATE: November 19, 2024 ARTICLE/SECTION YES NO N/A COMMENTS Reception and Booking (2.1) There is a gun locker in the vehicle sally port.  Gun lockers are also located outside each of the sally port doors leading into the facility Contains a weapons locker, designed as outlined in from the station. these regulations. C bo o o n k ta in in g s a cell or room for confinement pending  Contains a detoxification cell (WA in TH; NA in CH) 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)  Shower room available 2-99: Access to shower must be within the secure  area Provides secure vault or storage for inmate valuables  Telephone(s) available for inmate use (PC § 851.5)  Hands-free phones in booking enclosures. 2-99: Unobstructed access to hot and cold running water  Temporary Holding Cell or Room (2.2)  Contains 10 square feet of floor area per inmate Holds no more than 16 inmates  Is not smaller than 40 square feet and has a clear  ceiling height of 8 feet or more Contains sufficient seating to accommodate all  Bottom bunk can provide seating. inmates Contains water closet (toilet), washbasin, and drinking  fountain Provides for clear visual supervision by staff  5225 Santa Clara PD THJ PHY 23-24 - 1 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS A bunk is provided if inmates are held 12 hours or Each holding cell contains two bunks. more  Temporary Staging Cell or Room (2.3) No cells of this type are in the facility. The remainder of the regulation was deleted from this checklist. Holds inmates classified and segregated per Title 15 § 1050 and 1053  Detoxification Cell (2.4)  Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates  Is no smaller than 60 square feet and has a clear  ceiling height of 8 feet or more Contains a water closet (toilet) wash basin and  drinking fountain as specified by these regulations Has padded partitions located next to toilet fixtures  Provides for clear visual supervision by staff  Padding on floor  Safety Cell (2.5) No cell of this type is in the facility. The  remainder of the regulation was deleted from th is checklist. Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more Safety Equipment Storage (2.19) Adequate space is provided to store equipment such  as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Located outside the secure facility.  Lockable, containing a mop sink and storage space 5225 Santa Clara PD THJ PHY 23-24 - 2 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS 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. 2-99: Video monitoring option deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and  maintaining fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26)  Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in  holding and 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  regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Provided at a ratio of at least 1:16 in holding and  staging cells. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the  water outlet (bubbler). 2-99: Mouth guard requirement deleted 5225 Santa Clara PD THJ PHY 23-24 - 3 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Showers (3.4) (NA in CH) Available in the security area; provide hot and cold or  tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. Beds/Bunks (3.5) (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21  inches between pans; constructed of pan bottom type or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision.  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  than 5 inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and  everything on them are padded. All padded cells are equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; firmly bonded to all surfaces;  and, without exposed seams. Mirrors/Shelves/Clothes Hooks (3.9)  A mirror of a material appropriate to the level of security is provided near each washbasin. Consistent with security needs, shelves and clothes hooks are provided wherever feasible.  2-99: Requirement for shelves and hooks deleted 5225 Santa Clara PD THJ PHY 23-24 - 4 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Clothes hooks are of a collapsible hook type 2-99: Requirement for hooks deleted  Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are  provided per inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) (NA type IV and Minimum-Security Facilities) 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. 5225 Santa Clara PD THJ PHY 23-24 - 5 - A382 PHY CH-TH 94 99.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS- BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5225 FACILITY: Santa Clara PD TYPE: THJ RC: 0 FIELD REPRESENTATIVE: Matthew Schuler DATE: November 19, 2024 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S 103 Soberin 1999 1 - (4) (4) 10.2’ x 8’ x 8.9’ 1 - 1 1 - g 104 Holding 1999 1 2 (4) (4) 10.6’ X 8’ X 8.9’ 1 - 1 1 - Notes: No bench. Contains a double bunk; bottom bunk counted as seating for holding cell. When used as a holding cell the capacity is 4, if used as a sleeping cell the capacity is 2. (mattresses in room) 111 Holding 1999 1 2 (4) (4) 10.6’ X 8’ X 8.9’ 1 - 1 1 - Notes: No bench. Contains a double bunk; bottom bunk counted as seating for holding cell. When used as a holding cell the capacity is 4, if used as a sleeping cell the capacity is 2. 110 Soberin 1999 1 - (4) (4) 10.2’ x 8.5’ x 8.9’ 1 - 1 1 - g Notes: The agency uses a cell as a sally port/staging area through which new arrestees are brought into the facility from the vehicle sally port. This cell is approximately 10.2’l x 11.7’w x 8.9’h. It contains an 8’ bench (16” wide and 18” high. It is not rated, as it does not contain toilet/wash facilities. There are also two booking enclosures (116 & 117). These areas are 6.4’l x 6.6’w x 8.9’h. There is a wall-mounted speakerphone in each room for inmate telephone calls. The enclosures have two concrete benches, one on each side of the room (6.4’ each). 2 Juvenile holding rooms, located outside of the secure jail, can be used for either non-secure or secure juveniles. There is also a shower/delousing room/handicap accessible bathroom in the facility, as well as an interview room. *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. 5225 Santa Clara PD THJ LASE 23-24 - 1 - A360 LAS Adult.dot (9/98) TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5227 FACILITY NAME: SANTA CLARA PD LEVI STADIUM FACILITY TYPE: THJ PERSON(S) INTERVIEWED: OFFICER SCOTT MEAD AND JAIL OFFICER ALEX QUINTERO FIELD REPRESENTATIVE: MATTHEW SCHULER DATE: 11/19/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Santa Clara Police Department Policy Manual HOLDING FACILITY TRAINING (SCPM) - 900.12 Training At a minimum, all supervisors of and personnel who Eight hours of specialized training shall supervise incarcerated persons in, a Court Holding or include but not be limited to the following: Temporary Holding facility shall complete eight hours of specialized corrections training. Such training shall (a) Applicable minimum jail standards include, but not be limited to: (b) Jail operations liability (a) applicable minimum jail standards; (c) Inmate segregation (b) jail operations liability; (d) Emergency procedures and planning, (c) separation of incarcerated persons; fire safety, and life safety (d) emergency procedures and planning, fire and life ☒ ☐ ☐ safety; and; (e) Suicide prevention (e) suicide prevention; (f) de-escalation; BSCC staff verified that all required training (g) juvenile procedures; had been completed. (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 SCPM 900.12 – Training in any event not more than six months after the date of assigned responsibility. Successful completion of Core The policy states, ”Department members training or supplemental Core training, pursuant to ☒ ☐ ☐ responsible for supervising adults in Section 1020, Corrections Officer Core Course, may be temporary custody shall complete the substituted for the initial eight hours of training. Corrections Officer Core Course or eight hours of specialized training within six months of assignment.” 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. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 1 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A total of eight hours of refresher training shall be SCPM 900.12 – Training completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional The policy states, ”Eight hours of refresher Training may be substituted for the eight-hour refresher. training shall be completed once every two ☒ ☐ ☐ years.” 1027 NUMBER OF PERSONNEL SCPM 206 - Staffing Levels SCPM 900.3.2 - Supervision in Temporary A sufficient number of personnel shall be employed in Custody each local detention facility to ensure the implementation and operation of the programs and activities required by The policy states, ”The paramount concern is these regulations. ☒ ☐ ☐ the need to meet operational requirements of the Department.” BSCC staff reviewed staffing schedules, and the department meets its staffing needs. Whenever there is a person in custody, there shall be at SCPM 206 - Staffing Levels least one employee on duty at all times in a local SCPM 900.3.2 - Supervision in Temporary detention facility or in the building which houses a local Custody detention facility who shall be immediately available and ☒ ☐ ☐ accessible to incarcerated people in the event of an The policy states, ”An authorized department emergency. member capable of supervising shall be present at all times when an individual is held in temporary custody.” Such an employee shall not have any other duties which SCPM 206 - Staffing Levels would conflict with the supervision and care of SCPM 900.3.2 - Supervision in Temporary incarcerated people in the event of an emergency. Custody ☒ ☐ ☐ The policy states, ”The member responsible for supervising should not have other duties that could unreasonably conflict with his/her supervision.” Whenever one or more females are in custody, there SCPM 206 - Staffing Levels shall be at least one female employee who shall be SCPM 900.3.2 - Supervision in Temporary immediately available and accessible to such females. Custody Note: Reference PC § 4021. The policy states, ”At least one female ☒ ☐ ☐ department member should be present when a female adult is in temporary custody. In the event that none is readily available, the female in custody should be transported to another facility or released pursuant to another lawful process.” 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 2 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS In order to determine if there is a sufficient number of SCPM 206 - Staffing Levels personnel for a specific facility, the facility administrator SCPM 900.3.2 - Supervision in Temporary shall prepare and retain a staffing plan indicating the Custody personnel assigned in the facility and their duties. Such a staffing plan shall be reviewed by the Board staff at the Staffing for the Stadium’s holding facility is time of their biennial inspection. The results of such a ☒ ☐ ☐ determined on an event-based assessment. review and recommendations shall be reported to the When needed, staff is provided from the local jurisdiction having fiscal responsibility for the facility. police department holding facility. While on site BSCC staff reviewed the staffing for recent events. 1027.5 SAFETY CHECKS SCPM 900.8 – Holding Cells The facility administrator shall develop and implement policy and procedures for conducting safety checks that BSCC staff reviewed a random sampling of include, but are not limited to, the following: ☒ ☐ ☐ Safety Check Reports from January 2023 (a) Safety checks will determine the safety and well-being through October 2024. The documentation of individuals and shall be conducted at least hourly appeared to be compliant with this regulation. through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse SCPM 900.8 – Holding Cells between safety checks. ☒ ☐ ☐ The policy states, ”Safety checks by department members shall occur no less than every 60 minutes.” (c) Safety checks for people in sobering cells, safety cells, SCPM 900.8 – Holding Cells and restraints shall occur more frequently as outlined in SCPM 900.8.1 – Use of Sobering Cell section 1055, section 1056, and section 1058 of these regulations. The policy states, ”A safety check consisting ☒ ☐ ☐ of direct visual observation sufficient to assess the individual’s well-being and behavior shall occur at least once every 30 minutes with no more than a 15-minute lapse between safety checks.” (d) Safety checks shall occur at random or varied SCPM 900.8 – Holding Cells intervals. ☒ ☐ ☐ The policy states, ”Safety checks should be varying times.” (e) There shall be a written plan that includes the SCPM 900.8 – Holding Cells documentation of all safety checks. Documentation shall include: ☒ ☐ ☐ (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check SCPM 900.8 – Holding Cells occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, (3) Initials or employee identification number of staff SCPM 900.8 – Holding Cells ☒ ☐ ☐ who completed the safety check(s). (f) A documented process by which safety checks are SCPM 900.8 – Holding Cells 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. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 3 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1028 FIRE AND LIFE SAFETY STAFF SCPM 900.3.3 – Staffing Plan Whenever there is a person in custody, there shall be at The policy states, ”The plan should ensure least one person on duty at all times who meets the that at least one member who meets the training standards established by the Board for general training standards established by the Board of ☒ ☐ ☐ fire and life safety. [Penal Code section 6030(c)]. State and Community Corrections (BSCC) for general fire- and life-safety and is trained in fire and life safety procedures relating specifically to the facility is on-duty at all times.” The facility manager shall ensure that there is at least one SCPM 900.3.3 – Staffing Plan person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL2 Santa Clara Police Department Policy Manua (SCPM), Chapter 9. This chapter is used for Facility administrator(s) shall develop and publish a the temp holding facility. manual of policy and procedures for the facility. The policy and procedures manual shall address all The SCPM reflects that it was last reviewed applicable Title 15 and Title 24 regulations and shall be or updated on June 6, 2024. comprehensively reviewed and updated at least every ☒ ☐ ☐ two years. Such a manual shall be made available to all BSCC Staff verified that the current manual employees. was readily available to agency staff. Notes: The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III SCPM 200 - Organizational Structure and facilities shall provide for, but not be limited to, the Responsibility following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility SCPM 900.11 - Assigned Administrator ☒ ☐ ☐ administrator/manager. (m) Inspections and operations reviews (3) Policy on the use of force that meets current state SCPM 300 - Use of Force and federal legal requirements and includes ☒ ☐ ☐ prohibition of the use of carotid restraint and choke holds. (4) Policy on the use of restraint equipment, including SCPM 302 - Handcuffing and Restraints the restraint of pregnant persons as referenced in ☒ ☐ ☐ SCPM 302.3.2 - Restraint of Pregnant Penal Code Section 3407. Persons (5) Procedure and criteria for screening newly SCPM 411 - Cite and Release Policy ☒ ☐ ☐ received persons for release. SCPM 411.3.2 - Release After Booking 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 4 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) Security and control including physical counts and SCPM 900.8 – Holding Cells searches of the facility and incarcerated persons, SCPM 900.8.1 - Temporary Custody Logs contraband control, and key control. SCPM 900.11 - Assigned Administrator- (b) Each facility administrator shall, at least annually, Key control review, evaluate, and make a record of security SCPM 901 - Custody Searches measures. The review and evaluation shall include internal and external security measures of the facility ☒ ☐ ☐ The policy states, ”Annual review and including security measures specific to prevention of evaluation of security measures including sexual abuse and sexual harassment. internal and external security measures, sanitation, safety, and maintenance. “ BSCC staff reviewed the annual administrative review. (7) Emergency procedures include: SCPM 900.11 - Assigned Administrator - (g) (A) fire suppression preplan as required by ☒ ☐ ☐ Fire- and life-safety, including a fire section 1032 of these regulations; suppression pre-plan as required. (B) escape, disturbances, and the taking of SCPM 900.11 - Assigned Administrator ☒ ☐ ☐ hostages; (C) mass arrests; SCPM 900.11 - Assigned Administrator ☒ ☐ ☐ (D) natural disasters; SCPM 900.11 - Assigned Administrator ☒ ☐ ☐ (E) periodic testing of emergency equipment; and SCPM 900.11 - Assigned Administrator ☒ ☐ ☐ (F) storage, issue, and use of weapons, SCPM 900.5.7 - Firearms and Other Security ammunition, chemical agents, and related ☒ ☐ ☐ Measures security devices. (8) Suicide Prevention. ☒ ☐ ☐ SCPM 900.12 - Training (9) Separation of incarcerated persons. ☒ ☐ ☐ SCPM 900.4.1 - Screening and Placement (10) Zero tolerance in the prevention of sexual abuse SCPM 902 - Prison Rape Elimination ☒ ☐ ☐ and sexual harassment. (11) Policy and procedure to detect, prevent, and SCPM 902.4 - Reporting Sexual Abuse, respond to retaliation against any staff or person after ☒ ☐ ☐ Harassment, and Retaliation reporting any abuse. (12) Release policy, including release planning for SCPM 411 - Cite and Release Policy ☒ ☐ ☐ incarcerated persons. (e) The manual for Temporary Holding, Court Holding, SCPM 902.4 - Reporting Sexual Abuse, Type I, II, III, and IV facilities shall provide for, but not be Harassment, and Retaliation limited to, the following: (1) multiple internal ways for incarcerated people to The policy states, ”During intake, the privately report sexual abuse and sexual Department shall notify all detainees and harassment, retaliation by other incarcerated ☒ ☐ ☐ prisoners of the zero-tolerance policy persons or staff for reporting sexual abuse and regarding sexual abuse and sexual sexual harassment, and staff neglect or violation of harassment, and of at least one way to responsibilities that may have contributed to such report.” incidents, BSCC Staff verified that PREA signs were posted in the holding facility. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 5 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved incarcerated persons, SCPM 902.3 - PREA Coordinator family, community members, and other interested third parties to report sexual abuse or sexual The policy states, ”Ensuring that information harassment. The method for reporting shall be for uninvolved inmates, family, community publicly posted at the facility. ☒ ☐ ☐ members, and other interested third parties to report sexual abuse or sexual harassment is publicly posted at the facility.” BSCC staff verified that PREA signs were posted in the facility's public lobby. 1030 SUICIDE PREVENTION PROGRAM SCPM 900.4 - Initiating Temporary Custody SCPM 900.9 - Suicide Attempt, Death, or The facility shall have a comprehensive written suicide Serious Injury prevention program developed by the facility administrator or designee, in conjunction with the health ☒ ☐ ☐ BSCC staff verified that there were signs authority and mental health director, to identify, monitor, posted in the public area. These signs inform and provide treatment to those incarcerated persons who any third party on how to report sexual assault present a suicide risk. or sexual harassment. The program shall include the following: (a) Annual suicide prevention training for all custodial SCPM 900.4 - Initiating Temporary Custody personnel. ☒ ☐ ☐ SCPM 900.9 - Suicide Attempt, Death, or Serious Injury (b) Intake screening for suicide risk immediately upon SCPM 900.4 - Initiating Temporary Custody intake and prior to housing assignment. ☒ ☐ ☐ SCPM 900.9 - Suicide Attempt, Death, or Serious Injury (c) Suicide prevention screening during special SCPM 900.4 - Initiating Temporary Custody situations, including placement in restrictive housing, SCPM 900.9 - Suicide Attempt, Death, or following a hearing, and after a transfer or change in Serious Injury classification. ☒ ☐ ☐ The policy states, ”The department member transporting the individual shall ensure such risks are communicated to the intake personnel at the other facility.” (d) Provisions facilitating communication among SCPM 900.4 - Initiating Temporary Custody arresting/transporting officers, facility staff, court staff, ☒ ☐ ☐ SCPM 900.9 - Suicide Attempt, Death, or medical and mental health personnel in relation to suicide Serious Injury risk. (e) Housing recommendations for people at risk of suicide SCPM 900.4 - Initiating Temporary Custody that balance safety and environment. The least restrictive ☒ ☐ ☐ SCPM 900.9 - Suicide Attempt, Death, or environment should be considered. Serious Injury (f) Supervision depending on level of suicide risk. SCPM 900.4 - Initiating Temporary Custody ☒ ☐ ☐ SCPM 900.9 - Suicide Attempt, Death, or Serious Injury (g) Suicide attempt and suicide intervention policies and SCPM 900.4 - Initiating Temporary Custody procedures. ☒ ☐ ☐ SCPM 900.9 - Suicide Attempt, Death, or Serious Injury (h) Provisions for reporting suicides and suicides SCPM 900.4 - Initiating Temporary Custody attempts. ☒ ☐ ☐ SCPM 900.9 - Suicide Attempt, Death, or Serious Injury 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 6 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (i) Multi-disciplinary administrative review of suicides and SCPM 900.4 - Initiating Temporary Custody attempted suicides as defined by the facility SCPM 900.9 - Suicide Attempt, Death, or administrator, including the development of a corrective ☒ ☐ ☐ Serious Injury action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. SCPM 900.4 - Initiating Temporary Custody ☒ ☐ ☐ SCPM 900.9 - Suicide Attempt, Death, or Note: Subsection (k) does not apply and has been deleted. Serious Injury 1032 FIRE SUPPRESSION PREPLANNING SCPM 900.11 - Assigned Administrator - (g) Fire- and life-safety, including a fire Pursuant to Penal Code Section 6031.1(b), the facility suppression pre-plan as required by 15 CCR administrator shall consult with the local fire department ☒ ☐ ☐ 1032. 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 SCPM 900.11 - Assigned Administrator - (g) fire department to be included as part of the policy and Fire- and life-safety, including a fire procedures manual (Title 15, California Code of ☒ ☐ ☐ suppression pre-plan as required by 15 CCR Regulations Section 1029); 1032. (b) monthly fire prevention inspections by facility staff with SCPM 900.11 - Assigned Administrator - (g) two-year retention of the inspection record; Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR 1032. ☒ ☐ ☐ BSCC Staff reviewed two years of facility staff completed monthly fire and life safety inspections. Appeared to be compliant with this regulation. (c) fire prevention inspections as required by Health and SCPM 900.11 - Assigned Administrator - (g) Safety Code Section 13146.1(a) and (b) which requires Fire- and life-safety, including a fire ☒ ☐ ☐ inspections at least once every two years; suppression pre-plan as required by 15 CCR 1032. (d) an evacuation plan; and SCPM 900.11 - Assigned Administrator - (g) Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR ☒ ☐ ☐ 1032. The evacuation route is posted on the alarm panel in the jail office. (e) a plan for the emergency housing of incarcerated SCPM 900.11 - Assigned Administrator - (g) people in the case of fire. Fire- and life-safety, including a fire ☒ ☐ ☐ suppression pre-plan as required by 15 CCR 1032. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 7 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1044 INCIDENT REPORTS SCPM 323.2 – Required Reporting SCPM 900.5.8 - Reporting Physical Harm or Each facility administrator shall develop written policies Serious Threat of Physical Harm. and procedures for the maintenance of written records and reporting of all incidents which result in physical The policy states, ”Any incident that results in harm, or serious threat of physical harm, to an employee ☒ ☐ ☐ physical harm or serious threat of physical or incarcerated person of a detention facility or other harm to a member, person in custody, or any person. other person shall be documented as stated in the Use of Force or On-Duty Injuries policies, or other applicable reporting process.” Such records shall include the names of the persons SCPM 323.2 – Required Reporting involved, a description of the incident, the actions taken, ☒ ☐ ☐ SCPM 900.5.8 - Reporting Physical Harm or and the date and time of the occurrence. Serious Threat of Physical Harm. Such a written record shall be prepared by the staff SCPM 323.2 – Required Reporting assigned to investigate the incident and submitted to the SCPM 900.5.8 - Reporting Physical Harm or facility manager or designee. ☒ ☐ ☐ Serious Threat of Physical Harm. No incident reports were provided during this inspection cycle. 1046 DEATH IN CUSTODY SCPM 900.9 - Suicide Attempt, Death, or Serious Injury (a) The facility administrator shall develop written policy and procedures to comply with the in-custody death The policy states, ”In the case of a death, reporting requirements of Government Code section ☒ ☐ ☐ providing a report to the Attorney General 12525. The facility administrator shall submit a copy of under Government Code § 12525 within 10 the report filed pursuant to section 12525 to the BSCC calendar days of the death, and forwarding within 10 days of an in-custody death. the same report to the Board of State and Community Corrections within the same time frame.” (b) The facility administrator, in cooperation with the SCPM 900.9 - Suicide Attempt, Death, or health administrator, shall develop written policy and Serious Injury procedures to conduct an initial review and complete a written report of every in-custody death within 30 days of The policy states, ”The Field Operations the death. The team that conducts the initial review shall ☒ ☐ ☐ Division Commander will ensure procedures include, at a minimum, the facility administrator or are in place to address any suicide attempt, designee, the health administrator, the responsible death, or serious injury of any individual in physician and other health care, and supervision staff temporary custody at the Santa Clara Police who are relevant to the incident. Department.” Deaths shall be reviewed to determine the SCPM 900.9 - Suicide Attempt, Death, or appropriateness of clinical care; whether changes to ☒ ☐ ☐ Serious Injury policies, procedures, or practices are warranted; and to identify issues that require further study. (c) The facility administrator shall submit a copy of the SCPM 900.9 - Suicide Attempt, Death, or initial review report of every in-custody death to the BSCC Serious Injury within 60 days of the death. The facility administrator shall ☒ ☐ ☐ provide a copy of the initial review report that comports Draft policy states “shall submit a copy of the with the disclosure requirements of section 832.10 of the initial review report of every in-custody death Penal Code. to the BSCC within 60 days of the death.” 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 8 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The initial review report shall contain the following SCPM 900.9 - Suicide Attempt, Death, or information: Serious Injury (1) Demographic information (A) Full name of the decedent (B) Date of birth (C) Date of death (D) Time of death (E) Gender (F) Race and ethnicity (G) Relevant medical history ☒ ☐ ☐ (2) Facility Information (A) Name and location of the detention facility (B) Description of the location where the death occurred within the facility (C) Date and time of the incident (D) Detention facility personnel (including names and roles) involved in the reporting of the death or incident (3) Any relevant circumstances leading up to death, including behavioral health or medical issues. (d) In any case in which a minor dies while detained in a SCPM 900.9 - Suicide Attempt, Death, or jail, lockup, or court holding facility the BSCC may inspect Serious Injury and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter within 30 Juveniles are not held within this facility. calendar days of the death. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN SCPM 900.4.1 - Screening and Placement (a) Each administrator of a temporary holding, Type I, II, Policy states” b) Evaluate the following issues or III facility shall develop and implement a written against the stated risks in: classification plan designed to properly assign incarcerated persons to housing units and activities (a) to determine the need for placing the according to the categories of gender identity, age, individual in a single cell: criminal sophistication, seriousness of crime charged, 1. Consider whether the individual physical or mental health needs, assaultive/non- may be at a high risk of being assaultive behavior, risk of being sexually abused, or sexually abused based on all sexually harassed and other criteria which will provide for available known information. the safety of the incarcerated people and staff. Such 2. Provide any individual identified housing unit assignment shall be accomplished to the ☒ ☐ ☐ extent possible within the limits of the available number as being at a high risk for sexual or other victimization. of distinct housing units or cells in a facility. 3. Ensure individuals are separated according to the severity of the crime. The written classification plan shall be based on objective criteria and include receiving screening performed at the 4. Ensure males and females are time of intake by trained personnel, and a record of each separated by sight and sound when person's classification level, housing restrictions, and in cells. housing assignments. (d) Ensure separation, as appropriate, Note: Subsection (b) does not apply and has been based on other factors, such as age, deleted. criminal sophistication, assaultive/non- assaultive behavior, mental state, disabilities, and sexual orientation.” 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 9 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding housing and programming assignments, SCPM 900.4.1 - Screening and Placement the agency shall consider on a case-by-case basis whether a placement would ensure the health and safety 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 SCPM 900.3.1 - Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ The policy states, ”Any individual who claims procedures specifying those symptoms that require to have, is known to be afflicted with, or medical isolation of an incarcerated person until a displays symptoms of any communicable medical evaluation is completed. disease that poses an unreasonable exposure risk.” At the time of intake into the facility, an inquiry shall be SCPM 900.3.1 - Individuals Who Should Not made of the person being booked as to whether the Be in Temporary Custody person has or has had any communicable diseases, such as tuberculosis or has observable symptoms of The policy states, ”Individuals should not be tuberculosis or any other communicable diseases, or ☒ ☐ ☐ in temporary custody at the Department other special medical problem identified by the health unless they have been evaluated by a authority. The response shall be noted on the medical qualified medical or mental health screening from. professional, as appropriate for the circumstances.” 1052 BEHAVIORAL CRISIS IDENTIFICATION SCPM 900.3.1 - Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and The policy states” Individuals should not be procedures to identify and evaluate all incarcerated ☒ ☐ ☐ in temporary custody at the Department people who may be in behavioral crisis. Evaluation of unless they have been evaluated by a behavioral crisis may include telehealth. qualified medical or mental health professional, as appropriate for the circumstances.” If an evaluation from medical or mental health staff is not SCPM 900.3.1 - Individuals Who Should Not readily available, an incarcerated person shall be Be in Temporary Custody considered in behavioral crisis for the purpose of this section if they appear to be a danger to themselves or ☒ ☐ ☐ The policy states, ”Any individual who others or appear gravely disabled. appears to be a danger to him/herself or others due to a mental disorder or who appears gravely disabled.” An evaluation from medical or mental health staff shall be SCPM 900.3.1- Individuals Who Should Not secured within 24 hours of identification or at the next Be in Temporary Custody daily sick call, whichever is earliest. ☐ ☐ ☒ BSCC confirmed no person is held in this facility for 24 hours. Separation may be used if necessary, to protect the SCPM 900.3.1 - Individuals Who Should Not safety of the person in crisis or others. ☒ ☐ ☐ Be in Temporary Custody SCPM 900.4.1 – Screening and Placement 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 10 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEPARATION SCPM 900.4.1 - Screening and Placement Except for Type IV facilities, facility administrators shall The policy states, ”b) Evaluate the following develop and implement policies and procedures for the issues against the stated risks in: administrative separation of incarcerated people. (a) to determine the need for placing the individual in a single cell: 1. Consider whether the individual may be at a high risk of being sexually abused based on all available known information. 2. Provide any individual identified ☒ ☐ ☐ as being at a high risk for sexual or other victimization. 3. Ensure individuals are separated according to the severity of the crime. 4. Ensure males and females are separated by sight and sound when in cells. (d) Ensure separation, as appropriate, based on other factors, such as age, criminal sophistication, assaultive/non- assaultive behavior, mental state, disabilities, and sexual orientation.” Policies and procedures must include: SCPM 900.4.1 - Screening and Placement (a) Administrative separation may consist of separate housing but shall not involve any other deprivation of The policy states, ”Adults should be in privileges than is necessary to obtain the objective of temporary custody only for as long as ☒ ☐ ☐ protecting the welfare of incarcerated people and facility reasonably necessary for investigation, staff. processing, transfer, or release.” Note: Subsections (b) through (e) do not apply and have been deleted. 1055 USE OF SAFETY CELL No Safety Cell is located within this jail facility. The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people who ☐ ☐ ☒ display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate ☐ ☐ ☒ authority to place an incarcerated person in a safety cell to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment ☐ ☐ ☒ or as a substitute for treatment. (b) A person shall be placed in a safety cell only with the approval of the facility manager or designee, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every four hours. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 11 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be ☐ ☐ ☒ medically cleared for continued retention, referral to advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. (d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on ☐ ☐ ☒ placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute ☐ ☐ ☒ lapse between safety checks. Such observation shall be documented. (f) Procedures shall be established to assure ☐ ☐ ☒ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☐ ☐ ☒ privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL SCPM 900.8.1 - Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section The policy states, ”Inmates who are to be held 1231.2.4, shall be used for temporary holding of ☒ ☐ ☐ in the Temporary Holding Facility and who incarcerated people who are a threat to their own safety present a threat to their own safety or the or the safety of others due to their state of intoxication. safety of others due to their state of intoxication should be placed in a sobering cell.” A person shall be removed from the sobering cell as soon SCPM 900.8.1 - Use of Sobering Cell as they are able to continue the admission process or are no longer a risk to themselves or others. The policy states, ”Inmates will be removed ☒ ☐ ☐ from the cell when they no longer pose a threat to their own safety and the safety of others and are able to continue processing.” In no case shall a person remain in a sobering cell over SCPM 900.8.1 - Use of Sobering Cell six hours without an evaluation by medical or custody staff to determine whether the person has an urgent ☒ ☐ ☐ medical problem, pursuant to section 1213 of these regulations. At 12 hours from the time of placement, all persons must SCPM 900.8.1 - Use of Sobering Cell receive an evaluation by responsible health care staff. ☒ ☐ ☐ BSCC staff confirmed that no individuals were held within the sobering cell for 12 hours. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 12 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of people held in the SCPM 900.8.1 - Use of Sobering Cell sobering cell shall be conducted no less than every half hour. Such observation shall be documented. The policy states, ” (c) A safety check consisting of direct visual observation sufficient to assess the inmate’s well-being ☒ ☐ ☐ and behavior shall occur at least once every 30 minutes. Each safety check shall be documented in the cell log. Supervisors shall check the logs for completeness every two hours and document this action on the cell log.” 1057 DEVELOPMENTAL DISABILITIES SCPM 900.3.1 - Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the SCPM 900.3.1 - Individuals Who Should Not regional center for any incarcerated person suspected or Be in Temporary Custody confirmed to have a developmental disability for the ☐ ☐ ☒ purposes of diagnosis or treatment within 24 hours of BSCC staff confirmed that no person is held such determination, excluding holidays and weekends. in this facility for 24 hours. 1058 USE OF RESTRAINT DEVICES SCPM 900.6 - Use of Restraint Devices The facility administrator, in cooperation with the The policy states, ”The use of restraints, other responsible physician, shall develop and implement than handcuffs or leg irons, generally should written policies and procedures for the use of restraint not be used for individuals in temporary devices. Restraint devices include any devices which custody at the Santa Clara Police Department immobilize extremities or prevent the incarcerated person ☒ ☐ ☐ unless the person presents a heightened risk, from being ambulatory. The provisions of this section do and only in compliance with the Handcuffing not apply to the use of handcuffs, shackles, or other and Restraints Policy.” restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: SCPM 900.6 - Use of Restraint Devices (1) acceptable restraint devices; ☐ ☐ ☒ No restraint devices as described in the regulation are used within this facility. (2) signs or symptoms which should result in SCPM 900.6 - Use of Restraint Devices immediate medical/mental health referral; availability ☐ ☐ ☒ of cardiopulmonary resuscitation equipment; (3) protective housing of restrained persons; SCPM 900.4.1 - Screening and Placement SCPM 900.6 - Use of Restraint Devices ☒ ☐ ☐ (4) provision for hydration and sanitation needs; and, SCPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ (5) exercising of extremities. SCPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 13 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Policy shall also include, but not be limited to, the SCPM 900.6 - Use of Restraint Devices following requirements: ☐ ☐ ☒ (1) In no case shall restraints be used for punishment or as a substitute for treatment. (2) Restraint devices shall only be used on SCPM 900.6 - Use of Restraint Devices incarcerated people who display behavior which ☐ ☐ ☒ 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 SCPM 900.6 - Use of Restraint Devices restrictive alternatives, including verbal de-escalation ☐ ☐ ☒ techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in SCPM 900.6 - Use of Restraint Devices restraints only with the approval of the facility manager, the facility watch commander, or ☐ ☐ ☒ No restraint devices as described in the responsible health care staff; continued retention regulation are used within this facility. shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be SCPM 900.6 - Use of Restraint Devices maintained until a medical opinion can be obtained. ☐ ☐ ☒ (6) A medical opinion on placement and retention SCPM 900.6 - Use of Restraint Devices shall be secured within one hour from the time of ☐ ☐ ☒ placement. (7) A medical assessment shall be completed within SCPM 900.6 - Use of Restraint Devices four hours of placement. ☐ ☐ ☒ (8) Continuous direct visual observation shall be SCPM 900.6 - Use of Restraint Devices conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. ☐ ☐ ☒ While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation SCPM 900.6 - Use of Restraint Devices with responsible health care staff 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 SCPM 900.6 - Use of Restraint Devices the restraint device manufacturer’s recommended ☐ ☐ ☒ maximum time limits for placement. (11) All events and information related to the SCPM 900.6 - Use of Restraint Devices placement in restraints shall be documented and shall be video recorded unless exigent No restraint devices as described in the circumstances prevent staff from doing so. The ☐ ☐ ☒ regulation are used within this facility. documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 14 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT PERSONS SCPM 302 - Handcuffing and Restraints SCPM 302.3.2 - Restraint of Pregnant The facility administrator, in cooperation with the Persons responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: (1) An incarcerated person known to be pregnant or SCPM 302 - Handcuffing and Restraints in recovery after delivery or termination of the SCPM 302.3.2 - Restraint of Pregnant pregnancy shall not be restrained by the use of leg or Persons waist restraints, or handcuffs behind the body. ☒ ☐ ☐ The policy states, ”Leg irons, waist chains, or handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property.” (2) An incarcerated pregnant person in labor, during SCPM 302 - Handcuffing and Restraints delivery, or in recovery after delivery or termination of SCPM 302.3.2 - Restraint of Pregnant the pregnancy, shall not be restrained by the wrists, Persons ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the The policy states, ”No person who is in labor, staff, or the public. ☒ ☐ ☐ delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others.” (3) Restraints shall be removed when a professional SCPM 302 - Handcuffing and Restraints who is currently responsible for the medical care of SCPM 302.3.2 - Restraint of Pregnant an incarcerated pregnant person during a medical ☒ ☐ ☐ Persons 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 SCPM 302 - Handcuffing and Restraints pregnancy, they shall be advised, orally or in writing, SCPM 302.3.2 - Restraint of Pregnant of the standards and policies governing incarcerated ☒ ☐ ☐ Persons pregnant people. Persons known to be pregnant are taken directly to the county jail facility. 1067 ACCESS TO TELEPHONE SCPM 900.5.5 - Telephone Calls The facility administrator shall develop written policies T The policy states, ”Immediately upon being and procedures which allow access to a telephone or booked and, except where physically communication device beyond those telephone calls impossible, no later than three hours after which are required by Section 851.5 of the Penal Code. arrest, an individual in custody has the right to Individuals who are known to have, or are perceived by make at least three completed calls to an others as having hearing or speech impairments shall be ☒ ☐ ☐ attorney, bail bondsman, and a relative or provided access to the appropriate telecommunication other person.” device which will facilitate communication. Such devices may include but are not limited to videophones, 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. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 15 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1068 ACCESS TO COURTS AND COUNSEL SCPM 900.5.5 - Telephone Calls SCPM 900.5.2 - Temporary Custody The facility administrator shall develop written policies ☒ ☐ ☐ Requirements 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. SCPM 900.5.5 - Telephone Calls ☒ ☐ ☐ SCPM 900.5.2 - Temporary Custody Requirements 1080 RULES AND DISCIPLINARY ACTIONS PM 900.5.10 - Discipline Wherever discipline is administered, each facility The policy states, ”Discipline will not be administrator shall establish written rules and disciplinary administered to any individual in custody at ☐ ☐ ☒ actions to guide the conduct of incarcerated persons. this facility. Any individual in custody who repeatedly fails to follow directions or facility Notes: If discipline IS NOT administered, written policy rules should be transported to the appropriate should indicate as such. If discipline IS administered, jail, mental health facility, or hospital.” Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply PM 900.5.10 - Discipline and affirmatively and posted conspicuously in housing ☐ ☐ ☒ units and the booking area or issued to each person upon booking. For those individuals with limited literacy, who are unable PM 900.5.10 - Discipline to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them ☐ ☐ ☒ verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and actions. 1081 PLAN FOR DISCIPLINE OF INCARCERATED PM 900.5.10 - Discipline PERSONS Discipline will not be administered to any Each facility administrator shall develop written policies individual in custody at this facility 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 or PM 900.5.10 - Discipline repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing ☐ ☐ ☒ by the staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. PM 900.5.10 - Discipline ☐ ☐ ☒ 2. Placement in disciplinary separation. PM 900.5.10 - Discipline ☐ ☐ ☒ 3. Loss of privileges mandated by regulations. PM 900.5.10 - Discipline ☐ ☐ ☒ 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 16 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A staff member with investigative and disciplinary PM 900.5.10 - Discipline authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are PM 900.5.10 - Discipline involved in the charges. ☐ ☐ ☒ Such charges pending against an incarcerated person PM 900.5.10 - Discipline shall be acted on with the following provisions and within specified timeframes: ☐ ☐ ☒ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 2. Unless declined by the incarcerated person, a PM 900.5.10 - Discipline hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been ☐ ☐ ☒ informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to PM 900.5.10 - Discipline appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The ☐ ☐ ☒ incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 PM 900.5.10 - Discipline hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary PM 900.5.10 - Discipline charges by the disciplinary officer, the charges and ☐ ☐ ☒ the action taken shall be reviewed by the facility manager or designee. 6. The incarcerated person shall be advised in a PM 900.5.10 - Discipline written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a PM 900.5.10 - Discipline supervisor on all disciplinary action. ☐ ☐ ☒ 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 17 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE PM 900.5.10 - Discipline The degree of actions taken by the disciplinary officer Discipline will not be administered to any shall be directly related to the severity of the rule individual in custody at this facility infraction and promotion of desired behavior through a progressive disciplinary process. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. ☐ ☐ ☒ (b) Extra work detail. (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS PM 900.5.10 - Discipline The Penal Code and the State Constitution expressly Discipline will not be administered to any prohibit all cruel and unusual punishment. Disciplinary individual in custody at this facility 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 PM 900.5.10 - Discipline 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a ☐ ☐ ☒ consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (2) The disciplinary separation cells or cell shall have PM 900.5.10 - Discipline the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day ☐ ☐ ☒ except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (3) If after placement in separation, mental health or PM 900.5.10 - Discipline medical staff determine that an individual has serious mental illness or an intellectual disability, they shall ☐ ☐ ☒ be removed from disciplinary separation immediately upon this determination. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 18 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) The delegation of authority to any incarcerated person PM 900.5.10 - Discipline or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, PM 900.5.10 - Discipline Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the PM 900.5.10 - Discipline implements necessary to maintain an acceptable level of ☐ ☐ ☒ personal hygiene as specified in Section 1265 of these regulations. (e) Food shall not be withheld as a disciplinary measure. PM 900.5.10 - Discipline ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld PM 900.5.10 - Discipline except in cases where the incarcerated person has violated correspondence regulations, in which case ☐ ☐ ☒ correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be PM 900.5.10 - Discipline suspended as a disciplinary measure. ☐ ☐ ☒ 1084 DISCIPLINARY RECORDS PM 900.5.10 - Discipline Penal Code Section 4019.5 requires that a record is kept ☐ ☐ ☒ of all disciplinary actions administered therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1270 STANDARD BEDDING AND LINEN ISSUE Nobody is held in this facility overnight. The standard issue of clean suitable bedding and linens, for each incarcerated person entering a living area who ☐ ☐ ☒ is expected to remain overnight, shall include, but not be limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; ☐ ☐ ☒ (d) one blanket or more depending up on climatic ☐ ☐ ☒ conditions. Policy and procedure shall require that items (a), (b), and ☐ ☐ ☒ (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☐ ☐ ☒ and (d) above prior to their first night in the facility and every night thereafter. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 19 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND SCPM 900.11 - Assigned Administrator MAINTENANCE The policy states, ”The Field Operations The facility administrator shall develop written policies Division Commander will ensure any and procedures for the maintenance of an acceptable ☒ ☐ ☐ reasonably necessary supplemental level of cleanliness, repair, and safety throughout the procedures are in place.” 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. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 20 of 24 A351 TH PRO eff. 07.01.24 DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in temporary custody in the jail. ☐ ☒ ☐ Facilities that do not hold minors in the jail cells are not subject to Title 15, Article 9 biennial inspections; however, if minors are held in the building, they may be subject to the requirements of Welfare and Institutions Code section 207.1. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION FACILITY The facility administrator shall develop policy and ☐ ☒ procedures for notification of the court of jurisdiction and ☐ the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies ☒ and procedures concerning minors being held in ☐ ☐ temporary custody which shall address: (a) suicide risk and prevention; (b) use of restraints; ☒ ☐ ☐ (c) emergency medical assistance and services; and ☒ ☐ ☐ (d) prohibiting use of discipline. ☒ ☐ ☐ 1143 CARE OF MINORS IN TEMPORARY CUSTODY ☐ ☐ ☒ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; (2) one snack during term of temporary custody if the minor has not eaten within the past four (4) ☒ hours or is otherwise in need of appropriate ☐ ☐ nourishment; (3) access to drinking water; ☐ ☒ ☐ (4) access to language services; ☒ ☐ ☐ (5) access to disabilities services; ☒ ☐ ☐ (6) sanitary napkins, panty liners, and tampons as ☒ requested; ☐ ☐ (7) privacy during consultation with family, guardian, ☒ and/or lawyer; ☐ ☐ (8) blankets and clothing, as necessary, to assure ☒ the comfort of the minor; and ☐ ☐ 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 21 of 24 A351 TH PRO eff. 07.01.24 (9) personal clothing unless the clothing is inadequate, presents a health or safety problem, or ☒ ☐ ☐ is required to be utilized as evidence of an offense. (b) Upon entry, the minor shall be informed in writing of what is available under this section, and it shall be ☒ posted in at least one conspicuous place to which ☐ ☐ minors have access. 1144 CONTACT BETWEEN MINORS AND INCARCERATED ADULTS ☒ The facility administrator shall establish policies and ☐ ☐ procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of incarcerated people) shall ☒ ☐ ☐ maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY A minor who is taken into temporary custody by a peace officer on the basis that they are a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these standards are met. ☐ ☐ ☒ Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Note: Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a serious security risk of harm to self or others, the ☒ officer may take into account the following factors: ☐ ☐ (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was ☒ taken into custody; ☐ ☐ (c) minor's behavior, including the degree to which the ☒ minor appears to be cooperative or non-cooperative; ☐ ☐ (d) the availability of staff to provide adequate ☒ supervision or protection of the minor; and ☐ ☐ (e) the age, type, and number of other individuals who ☒ are detained in the facility. ☐ ☐ 1146 CONDITIONS OF SECURE CUSTODY While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cuffing rail, ☒ ☐ ☐ or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 22 of 24 A351 TH PRO eff. 07.01.24 1147 SUPERVISION OF MINORS IN SECURE CUSTODY INSIDE A LOCKED ENCLOSURE (a) Minors shall receive adequate supervision which, at ☒ ☐ ☐ a minimum, includes: (1) constant auditory access to staff by the minor; and (2) safety checks, as defined in Section 1006, of the minor by staff of the law enforcement facility, at least ☒ ☐ ☐ once every 30 minutes, which shall be documented. (b) Minors of different genders shall not be placed in the same locked room unless under constant direct visual ☐ ☒ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ Minors held in secure custody outside of a locked ☐ ☐ enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety ☒ ☐ ☐ while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes ☒ thereafter shall be based upon the best interests of the ☐ ☐ minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(b) of the Welfare and Institutions Code, may be ☒ held in non- secure custody to investigate the case, ☐ ☐ facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. While minors are held in temporary non- secure custody the provisions of Section 1143 apply. 1150 SUPERVISION OF MINORS IN NON- SECURE CUSTODY Minors held in non-secure custody shall receive constant direct visual observation by staff of the law ☒ ☐ ☐ enforcement facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 23 of 24 A351 TH PRO eff. 07.01.24 1151 MINORS UNDER THE INFLUENCE OF ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and ☒ procedures providing that a medical clearance shall be ☐ ☐ obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves, prior to secure or non-secure custody of that minor. Supervision of minors in secure custody in a locked room shall include safety checks at least once every 15 minutes until resolution of the intoxicated state or ☐ ☐ ☒ release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room shall be supervised in accordance with ☐ ☐ ☒ Section 1148. Supervision of minors in nonsecure custody shall be ☐ ☐ ☒ supervised in accordance with Section 1150. 5227 SANTA CLARA PD LEVI STADIUM THJ PRO 23-24 Page 24 of 24 A351 TH PRO eff. 07.01.24 ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001; 2005; 2008; 2010, 2013, 2017 BSCC Code: 5227 FACILITY NAME: Santa Clara PD Levi Stadium FACILITY TYPE: THJ 6/94: 2/99: 2001: 2005: 2008: 2010: ☐ ☐ ☐ ☐ ☐ ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☒ 2017: ☐ ☐ ☐ ☐ FIELD REPRESENTATIVE: Matthew Schuler DATE: November 19, 2024 TITLE 24 SECTION YES NO N/A COMMENTS The design of court holding and temporary holding facilities shall include the following required spaces from Sections 1231.2.2, 1231.2.19, 1231.2.20, 1231.2.21, 1231.2.22, 1231.2.24 and 1231.2.26. 1231.2.2 Temporary holding cell or room. A temporary holding cell or room shall: 1. Contain a minimum of 10 square feet (0.93 m2) ☒ ☐ ☐ of floor area per inmate; 2. Be limited to no more than 16 inmates; ☒ ☐ ☐ 3. Be no smaller than 40 square feet (3.7 m2) and have a clear ceiling height of 8 feet (2438 mm) or ☒ ☐ ☐ more; 4. Contain seating to accommodate all inmates as required in Section 1231.3; ☒ ☐ ☐ 5. Contain a toilet, wash basin and drinking fountain as specified in Section 1231.3; ☒ ☐ ☐ 6. Maximize visual supervision of inmates by staff; and ☒ ☐ ☐ 7. When located in a temporary holding facility, the No persons are held in this facility for over 12 cell or room shall be equipped with a bunk if inmates hours. ☐ ☐ ☒ are to be held longer than 12 hours. 1231.2.19 Safety equipment storage. A secure area shall be provided for the storage of safety equipment such as fire extinguishers, self-contained breathing apparatus, wire and bar cutters, emergency ☒ ☐ ☐ lights, etc. 1231.2.20 Janitors’ closet. In Type II facilities, at least one securely lockable janitors’ closet with sufficient area for the storage of cleaning implements and supplies must be provided ☒ ☐ ☐ within the security areas of the facility A mop sink shall also be available within the security area of the facility. In court holding, temporary holding, Types I, III and IV facilities, the closet need not be in the security area. ☒ ☐ ☐ 5227 Santa Clara PD Levi Stadium THJ PHY 23-24 - 1 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.21 Storage rooms. This is a Temporary Holding Facility. One or more storage rooms shall be provided to accommodate a minimum of 80 cubic feet (2.3 m3) of storage area per inmate for inmate clothing and personal property, institutional clothing, bedding and ☐ ☐ ☒ supplies. Court holding, temporary holding and Type I facilities may be excluded from the storage space requirement for personal and institutional clothing unless clothing is issued. 1231.2.22 Audio monitoring system. In court holding, temporary holding, Type I, Type II and Type II facilities there shall be an inmate- or sound- actuated audio monitoring system in temporary holding cells or rooms, temporary staging cells or rooms, sobering cells, safety cells, single and double ☒ ☐ ☐ occupancy cells, dormitories, dayrooms, exercise areas and correctional program/multipurpose space, which is capable of alerting personnel who can respond immediately. 1231.2.24 Emergency power. The Stadium has emergency power There shall be a source of emergency power in all throughout all public areas and secure detention facilities capable of providing minimal lighting detention. in all housing units, activities areas, corridors, stairs and ☒ ☐ ☐ central control points, and to maintain fire and life safety, security, communications and alarm systems. Such an emergency power source shall conform to the requirements specified in Title 24, Part 3, Article 700, California Electrical Code, California Code of ☒ ☐ ☐ Regulations. 1231.2.26 Attorney interview space. There is an unused room that is available for All facilities except Type IV facilities shall include in-person attorney interview space. attorney interview areas which provide for confidential ☒ ☐ ☐ consultation with inmates. 1231.3.1 Toilets/urinals. In temporary holding cells and temporary staging cells toilets/urinals must be provided in a ratio to inmates of ☒ ☐ ☐ 1:16. One urinal or 2 feet (610 mm) of urinal trough may be substituted for each toilet up to one third of the total number of toilets required, except in those facilities or ☐ ☐ ☒ portions thereof used for females. Toilet areas shall provide modesty for inmates with staff being able to visually supervise. ☒ ☐ ☐ 1231.3.2 Wash basins. Combination units are in each cell. In temporary holding cells and temporary staging cells, wash basins must be provided in a ratio to inmates of ☒ ☐ ☐ 1:16. Wash basins must be provided with hot and cold or tempered water. ☒ ☐ ☐ Two feet (610 mm) of wash basin trough may be substituted for each basin required. ☒ ☐ ☐ 1231.3.3 Drinking fountains. There must be a minimum of one drinking fountain in every single-occupancy cell, double-occupancy cell, dormitory, temporary holding cell, temporary staging ☒ ☐ ☐ cell, sobering cell, and be accessible to the occupants of day rooms and exercise areas. 5227 Santa Clara PD Levi Stadium THJ PHY 23-24 - 2 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS Additional drinking fountains shall be located in other areas of the facility so that drinking water will be ☒ ☐ ☐ available to inmates and staff. Such drinking fountains must meet the following minimum health requirements: 1. The drinking fountain bubbler shall be on an ☒ ☐ ☐ angle which prevents wastewater from flowing over the drinking fountain bubbler. 2. Water flow shall be actuated by mechanical means. ☒ ☐ ☐ 1231.3.6 Lighting. Lighting in housing units, dayrooms and activity areas must be sufficient to permit easy reading by a person with normal vision, and shall not be less than 20 ☒ ☐ ☐ footcandles (215.2 lux) at desk level and in the grooming area. Lighting shall be centrally controlled and/or occupant controlled in housing cells or rooms. ☒ ☐ ☐ Night lighting in these areas shall be sufficient to give No persons are held overnight. good visibility for purposes of supervision ☐ ☐ ☒ In minimum-security areas, lighting may be supplied by ordinary lighting fixtures, and in areas of higher ☒ ☐ ☐ security, light fixtures must be of secure design. 1231.3.10 Seating. In temporary holding and temporary staging cells, ☒ ☐ ☐ seating must be securely fixed to the floor and/or wall. When bench seating is used, 18 inches (457 mm) of bench is seating for one person. ☒ ☐ ☐ 1231.3.12 Weapons locker. A secure weapons locker shall be located outside the ☒ ☐ ☐ security perimeter of the facility Such weapons lockers shall be equipped with individual compartments, each with an individual locking device. ☒ ☐ ☐ Weapons lockers are required in temporary and court holding facilities and in all facilities of higher than ☒ ☐ ☐ minimum security. 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 ☒ ☐ ☐ applicable to the facility type and construction date in the "comments" section.) 5227 Santa Clara PD Levi Stadium THJ PHY 23-24 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 5227 FACILITY: Santa Clara PD Levi Stadium TYPE: THJ RC: 0 FIELD REPRESENTATIVE: Matthew Schuler DATE: November 19, 2024 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S 1.72.15 Holding 2013 1 0 (4) (4) 9.5 ’X 12’ X 9’ 1 1 1 Identified as a “juvenile cell” but juveniles are never held here. Used as a segregation cell. 6’ bench. approx. 104 sq. ft. - capacity limited by bench space 2020-2022 Cycle cell is being used for storage. 1-72.07 Holding 2013 1 0 (4) (4) 12’ X 7’ X 9’ 1 1 1 6’ bench space. approx. 76 sq. ft. capacity limited by bench space 1.72.09 Soberin 2013 1 0 (5) (5) 12’ X 10’ X 9’ 1 1 1 g Approx. 110 sq. ft. 1.72.01 Soberin 2013 1 0 (5) (5) 12’ X 9’ X 9’ 1 1 1 g Approx. 100 sq. ft. 2020-2022 Cycle: There are 2 unrated booking rooms that do not contain fixtures and both measure 6.5’x 5.5’ x 9’. Both contain a bench that is 75”. The is also an interview room for attorneys or detectives. *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. 5227 Santa Clara PD Levi Stadium THJ LASE 23-24 - 1 - A360 LAS Adult-05.dot (8/05)