Santa Clara Mountain View PD Inspection Rpt 20-22 TH (2020-2022 inspection cycle)

December 25, 2022 Chris Hsiung, Chief of Police Mountain View Police Department 1000 Villa Street Mountain View, CA 94041 2020-2022 BIENNIAL INSPECTION OF MOUNTAIN VIEW POLICE DEPARTMENT TEMPORARY HOLDING FACILITY, 6031 PC & 209 WIC Dear Chief Hsiung, On February 22, 2022, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of your agency’s Temporary Holding Facility. We apologize for this report not being sent you in a timely matter as we believed it was mailed to your department earlier this year. As you are aware, pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuit to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards for the facility; the Physical Plant Evaluation outlining Title 24 requirements for design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Department and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your department under a separate cover. During the inspection, each required inspections report was outdated. Please forward these reports when they become available. Inspection Date Fire and Life Safety Was not available Medical and Mental Health Was not available Environmental Health Was not available Chris Hsiung Chief of Police Page 2 BSCC INSPECTION Title 15, CCR Minimum Standards Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. The following items of noncompliance were identified: 1029 Policy and Procedure Manual: Facility is required to review and update the detention facility’s manual every two years. Please forward copy of the updated manual when it becomes available. 1032 Fire Suppression Preplanning: Last fire inspection occurred on 09-08-2017. Please schedule and forward the result to BSCC upon completion. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance with Title 24. Please refer to the Physical Plant Checklist for detailed information. Corrective Action Plan Please review and respond to the noncompliance issues noted above. Juvenile Justice and Delinquency Prevention Act Compliance The BSCC monitors local detention facilities for compliance with JJDPA. Secure and Nonsecure youth are not detained in the jail facility. Secure and nonsecure youth are held in the juvenile facility area, which is outside the jail facility. --- This concludes our inspection report for the 2020-2022 biennial inspection cycle of your agency’s detention facility. If you should have any questions, please contact me at (916) 956-5968 or email at michael.bush@bscc.ca.gov. Sincerely, MICHAEL BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Mountain View* Presiding Judge, Superior Court, County of Santa Clara* Grand Jury Foreman, Superior Court, County of Santa Clara* * Complete copies of this inspection are available at www.bscc.ca.gov 5240 Santa Clara Mountain View PD I LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5240 FACILITY NAME: Mountain View City Jail FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sergeant Fernando Maldonado FIELD REPRESENTATIVE: Michael J. Bush DATE: 02/22/2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.1.1 Supervision of Prisoners HOLDING FACILITY TRAINING All officers who are responsible for supervising Custodial personnel who supervise inmates in, and their prisoners have completed the eight hours supervisors of, a Court Holding or Temporary Holding of specialized training. facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire, and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in 900.1.1 Supervision of Prisoners any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once 900.1.1 Supervision of Prisoners every two years. Successful completion of the requirements in Section 1025, Continuing Professional Training may be ☒ ☐ ☐ All officers who are responsible for supervising substituted for the eight-hour refresher. their prisoners have completed their 8 hours of refresher training. 1027 NUMBER OF PERSONNEL Arresting officers provide supervision. A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 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. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900.4 Temporary Holding least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there 900.4 Temporary Holding shall be at least one female employee who shall be immediately available and accessible to such females. ☒ ☐ ☐ Arresting officers are responsible for their Note: Reference PC§ 4021. arrestee. If no female officer available, the female prisoner will be transported to the county jail. To determine if there is a sufficient number of personnel for Staffing Plan provided a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS BSCC staff reviewed several observation logs to verify compliance with regulation. Safety checks shall be conducted at least hourly through ☒ ☐ ☐ direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of 900.3.1 Log Entries and Security Checks ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.5.1(b) Fire Safety Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one Officers received training through the eight- person on duty who trained in fire and life safety procedures ☒ ☐ ☐ hour course. that relate specifically to the facility. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Mountain View Police Department Custody Manual through Lexipol. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and Current manual was not available at the time of procedures manual shall address all applicable Title 15 and inspection. Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☐ ☒ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of 900.2 Assigned Administrator ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility ibid. ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4) Policy on the use of restraint equipment, including the 306 Use of Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 900.9.2 Prisoner Classification inmates for release per Penal Code sections 849(b)(2) and 900.1.2 Non-Detainable Arrestees ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: 900.3.2 ☒ ☐ ☐ 902 Searches (A) physical counts of inmates, 900.9.7 ☒ ☐ ☐ 902 Searches (B) searches of the facility and inmates, ☒ ☐ ☐ 902 Searches (C) contraband control, and ☒ ☐ ☐ ibid. (D) key control. ☒ ☐ ☐ 900.5 Fire Safety Each facility administrator shall, at least annually, review, 900.9.1 Security evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 900.6.5 (A) fire suppression preplan as required by section ☒ ☐ ☐ These are identified in the manual as a patrol 1032 of these regulations; function (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.6.5 (C) mass arrests; ☒ ☐ ☐ 900.6.5 (D) natural disasters; ☒ ☐ ☐ 900.6.5 (E) periodic testing of emergency equipment; and ☒ ☐ ☐ Completed by City Staff (F) storage, issue, and use of weapons, ammunition, 900.9.1 Security ☒ ☐ ☐ chemical agents, and related security devices. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Suicide Prevention. 900.1.2 (i) Non-Detainable Arrestees ☒ ☐ ☐ 900.1.2 (e) (9) Segregation of Inmates. ☒ ☐ ☐ 900.3.3 Classification (10) Zero tolerance in the prevention of sexual abuse and Need to submit PREA Policy. ☐ ☒ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☐ ☒ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☐ ☒ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, community members, and other interested third parties to report sexual abuse or sexual harassment. The ☐ ☒ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.1.2 (i) Non-Detainable Arrestees The facility shall have a comprehensive written suicide These types of arrestees will be transported to prevention program developed by the facility administrator, ☒ ☐ ☐ an appropriate facility. in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct ☐ ☐ ☒ contact with inmates. (b) Intake screening for suicide risk immediately upon ☐ ☐ ☒ intake and prior to housing assignment. (c) Provisions facilitating communication among arresting/transporting officers, facility staff, medical and ☐ ☐ ☒ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☐ ☐ ☒ (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ (f) Suicide attempt and suicide intervention policies and ☐ ☐ ☒ procedures. (g) Provisions for reporting suicides and suicides attempts. ☐ ☐ ☒ (h) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility ☐ ☐ ☒ administrator. 1032 FIRE SUPPRESSION PREPLANNING 900.5.1 Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: 5240 Santa Clara Mountain View PD TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) a fire suppression pre-plan developed with the local fire department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 900.5 – Facility manager conducts inspections monthly basis with two-year retention of the inspection ☒ ☐ ☐ at the beginning and end of each shift. record; (c) fire prevention inspections as required by Health and Last fire inspection occurred on 09-08-2017. Safety Code Section 13146.1(a) and (b) which requires ☐ ☒ ☐ Please schedule and forward the results to inspections at least once every two years; BSCC upon completion. (d) an evacuation plan; and ☒ ☐ ☐ 900.6. Evacuation (e) a plan for the emergency housing of inmates in the case of Arrestees would be cite released or transported ☒ ☐ ☐ fire. to county jail 1044 INCIDENT REPORTS By practice, an officer’s report or a crime report would be completed in the event of: death, injury (personnel or inmates), security Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ violation, use of force, use of restraints, fire, unusual condition, or crime. reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons No reported incidents which result in physical involved, a description of the incident, the actions taken, and harm, or serious threat of physical harm, to an ☒ ☐ ☐ the date and time of the occurrence. employee or inmate of a detention facility or other person during this cycle. Such a written record shall be prepared by the staff assigned Reports are always due at the end of shifts. to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY 900.9.7 Death in Custody (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 324.12 Suicide Attempt, Death or Serious Injury In any case in which a minor dies while detained in a jail, of a Juvenile ☒ ☐ ☐ lockup, or court holding facility: Youth are held outside the jail facility. (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 900.3.2 Classification Screening (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area Each officer will fill out the classification form for male or female inmates, and in making other housing and if their arrestee is placed in a holding cell. programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 900.1.3 (b) Non-Detainable Arrestees The facility administrator, in cooperation with the Any person with, or suspected of, responsible physician, shall develop written policies and ☒ ☐ ☐ communicable disease is transported to the procedures specifying those symptoms that require hospital or county jail. segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.1.3 (c) Non-Detainable Arrestees The facility administrator, in cooperation with the ☒ ☐ ☐ Prisoners who display suicidal behavior or signs responsible physician, shall develop written policies and of a mental disorder are transported to a procedures to identify and evaluate all mentally disordered hospital or the county jail. inmates, and may include telehealth. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.1.3 (c) Non-Detainable Arrestees Except in Type IV facilities, each facility administrator shall Prisoners who display suicidal assaultive develop written policies and procedures which provide for behavior will be immediately transported to an the administrative segregation of inmates who are appropriated facility. determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL No safety cells. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL No sobering cell. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED 900.1.2 Non-Detainable Arrestees INMATES Will be transported to the county jail. 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 developmentally disabled inmates. The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 324.73 Use of Restraints The facility administrator, in cooperation with the Those inmates requiring restraint for purposes responsible physician, shall develop written policies and other than transportation are immediately procedures for the use of restraint devices and may delegate ☐ ☐ ☒ removed from the facility and transported to the authority to place an inmate in restraints to a responsible county jail. health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; 5240 Santa Clara Mountain View PD TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 324.73 Use of Restraints The facility administrator, in cooperation with the Pregnant female will be transported to the county responsible physician, shall develop written policies and ☐ ☐ ☒ jail. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE 900.7 Prisoner Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL 900.9.4 Attorneys and Bail Bondsmen The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these ☒ ☐ ☐ regulations, and Discipline not administered (b) confidential consultation with attorneys. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY PENALTIES Discipline not administered Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE Discipline not administered If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by the factfinders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE Discipline not administered The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY Discipline not administered ACTIONS The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Discipline not administered Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered, ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1280 FACILITY SANITATION, SAFETY, AND City Janitor will clean and disinfest jail facility MAINTENANCE daily. The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of ☒ ☐ ☐ cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? 324.4 Custody of Juveniles 324.4.2 Custody of Juvenile Status Offenders The Juvenile Justice and Delinquency Prevention Act 324.7 No Contact Requirement (JJDPA) establishes the following federal standards on the detention of minors: ☐ ☒ Youth are held in a locked room outside the jail facility. (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes ☐ ☒ the minimum standards of how facilities hold minors in temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 5240 Santa Clara Mountain View PD TH PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot PHYSICAL PLANT EVALUATION THE BOARD AND STATE OF COMMUNITY CORRECTIOS- BIENNIAL INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 5240 FACILITY NAME: Mountain View Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1980 FIELD REPRESENTATIVE: Michael Bush DATE : 02/22/2022 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X Capacity when used as holding cells is 5 per cell. No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Combo unit has small mouth guard on fountain. Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and Capacity when used as sleeping cell is 1 per cell. 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) Located outside of the sally port and at the entrance to the facility (from admin area). External to the security area and equipped with individual X compartments, locks and keys Detoxification Cells (WA) (2.4) Converted to Holding cell X Limited to no more than 8 inmates Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) No cells of this type in the facility. The remainder of the regulation was deleted from this checklist. X Contain 48 square feet with one floor dimension at least 6 feet 5240 Santa Clara Mountain View PD THJ PHY 20-22 - 1 - A370 PHY 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Shower-Delousing Room (3.4) Shower available in administrative area if needed. X Available Secure Vault or Storage Space (2.1) Available for inmate valuables X Telephone (2.1) Located in processing office. X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) Staff activated device for audio monitoring. X For facilities planned or constructed after 8-86 Janitor Closet (2.20) Located outside of secure area. X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) Two interview rooms in secure facility and interview rooms in the station area. X Available 5240 Santa Clara Mountain View PD THJ PHY 20-22 - 2 - A370 PHY 1-78.dot (9/98) THE BOARD OF STATE AND COMMUNITY CORRETIONS- BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSC Code: 5240 FACILITY: Mountain View Police Department TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Michael Bush DATE: 02/22/2022 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Interview 1980 3 - - - - - - - - - Rooms Notes: Per policy, prisoners who are pending processing may be placed in the interview rooms; rooms contain a table and chairs (non- fixed items); access to restroom facilities in processing office area or holding cells > controlled by staff; non-rated space Holding 1980 1 - (4) (4) 7.8’ x 12.0’ 1 - 1 1 - Notes: Cell was converted from a sobering cell to a holding cell. Intoxicated arrestees taken to sobering station or main jail stainless steel combo unit; standard style wall-mounted register on wall above commode; combo unit has small mouth guard on fountain Holding 1980 3 - (5) (15) 7.8’ x 12.0’ 1 - 1 1 - Notes: stainless steel combo units; standard style wall-mounted register on wall above commodes; combo units have small mouth guards on fountains; no covers on smoke detectors; cells have 7.8’ of stainless steel bunk/bench along back wall There is a juvenile holding cell with a toilet in another part of the building separate from the adult cells. Notes: The cells are equipped with audio-monitoring devices, activated only by staff in processing office area (not accessible by inmates) *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total BRC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 5240 Santa Clara Mountain View PD THJ LASE 20-22 - 1 - A360 LAS Adult.dot (9/98)