Santa Clara Mountain View PD (2023-2024 inspection cycle)

February 4, 2025 Michael Canfield, Chief of Police Mountain View Police Department 500 Castro Street Mountain View, CA 94041 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, MOUNTAIN VIEW POLICE DEPARTMENT DETENTION FACILITY Dear Chief Canfield: The 2023-2024 Comprehensive Inspection of the Mountain View City Police Department has been completed. A pre-inspection briefing was held on Monday, October 7, 2024, and the following facility was inspected on Monday, December 16, 2024: FACILITY NAME BSCC # FACILITY TYPE Mountain View Police Dept. 5240 THJ This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition to the inspection(s) by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). The results of those inspections are considered a part of this report. INSPECTION RESULTS We identified no items of noncompliance with Title 15 or Title 24 Minimum Standards. For detailed information, refer to the attached Procedures Checklist, Physical Plant Evaluation, and Living Area Space Evaluation. An Exit Briefing with your staff was held on Monday, December 16, 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. Michael Canfield 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* Christine Powell, Sergeant, Mountain View Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 5240 Santa Clara Mountain View Police Dept. THJ LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5240 FACILITY NAME: MOUNTAIN VIEW POLICE DEPARTMENT FACILITY TYPE: THJ PERSON(S) INTERVIEWED: SERGEANT CHRISTINE POWELL FIELD REPRESENTATIVE: MATTHEW SCHULER DATE: DECEMBER 16, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Mountain View Police Department Policy HOLDING FACILITY TRAINING Manual Section (MVPM) 900.11 - Training At a minimum, all supervisors of and personnel who BSCC staff confirmed that all staff have supervise incarcerated persons in, a Court Holding or completed the mandatory eight-hour training Temporary Holding facility shall complete eight hours of for Temporary Holding Facilities. specialized corrections training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; (c) separation of incarcerated persons; (d) emergency procedures and planning, fire and life ☒ ☐ ☐ safety; and; (e) suicide prevention; (f) de-escalation; (g) juvenile procedures; (h) racial bias; and, (i) mental illness. Note: Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors. Such training shall be completed as soon as practical, but Mountain View Police Department Policy in any event not more than six months after the date of Manual Section (MVPM) 900.11 - Training assigned responsibility. Successful completion of Core ☒ ☐ ☐ training or supplemental Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. A total of eight hours of refresher training shall be Mountain View Police Department Policy completed every two years. Successful completion of the Manual Section (MVPM) 900.11 - Training requirements in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. Policy states, “Eight hours of refresher training shall be completed once every two ☒ ☐ ☐ years. The Personnel Training Sergeant shall maintain records of all such training in the member’s training file.” 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 Police Dept. 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 1027 NUMBER OF PERSONNEL MVPM 900.3.1 – Supervision in Temporary Custody A sufficient number of personnel shall be employed in MVPM 900.3.2 - Staffing Plan ☒ ☐ ☐ each local detention facility to ensure the implementation and operation of the programs and activities required by BSCC staff confirmed that the staffing model these regulations. meets the requirements of this regulation. Whenever there is a person in custody, there shall be at MVPM 900.3.1 – Supervision in Temporary least one employee on duty at all times in a local Custody detention facility or in the building which houses a local MVPM 900.3.2 - Staffing Plan 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.” Arresting officers are responsible for the supervision of their prisoner while in the Jail. Such an employee shall not have any other duties which MVPM 900.3.1 – Supervision in Temporary would conflict with the supervision and care of Custody incarcerated people in the event of an emergency. MVPM 900.3.2 - Staffing Plan ☒ ☐ ☐ The policy states,“The agency’s manual states the member responsible “should not have duties that could unreasonably conflict with his/her supervision.” Whenever one or more females are in custody, there MVPM 900.3.1 – Supervision in Temporary shall be at least one female employee who shall be Custody immediately available and accessible to such females. MVPM 900.3.2 - Staffing Plan Note: Reference PC § 4021. The policy states, “At least one female ☒ ☐ ☐ member should be present when a female adult is in temporary custody. In the event that none is readily available, the female in custody should be transported to another facility or released pursuant to another lawful process.” In order to determine if there is a sufficient number of MVPM 900.3.1 – Supervision in Temporary personnel for a specific facility, the facility administrator Custody shall prepare and retain a staffing plan indicating the MVPM 900.3.2 - Staffing Plan personnel assigned in the facility and their duties. Such a ☒ ☐ ☐ staffing plan shall be reviewed by the Board staff at the The policy states, “The Chief of Police or the time of their biennial inspection. The results of such a authorized designee shall ensure a staffing review and recommendations shall be reported to the plan is prepared and maintained, indicating local jurisdiction having fiscal responsibility for the facility. assigned personnel and their duties.” 1027.5 SAFETY CHECKS MVPM 900.5.1 – Temporary Custody Logs MVPM 900.8 - Holding Cells The facility administrator shall develop and implement policy and procedures for conducting safety checks that The policy states, “A safety check consisting include, but are not limited to, the following: of direct visual observation sufficient to (a) Safety checks will determine the safety and well-being assess the individual's well-being and of individuals and shall be conducted at least hourly ☒ ☐ ☐ behavior shall occur at least once every 30 through direct visual observation of all people held and minutes with no more than a 15-minute lapse housed in the facility. between safety checks. Each safety check shall be documented in the cell log. Supervisors shall check the logs for completeness every two hours and document this action on the cell log.” 5240 Santa Clara Mountain View Police Dept. 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 (b) There shall be no more than a 60-minute lapse MVPM 900.5.1 – Temporary Custody Logs between safety checks. MVPM 900.8 - Holding Cells ☒ ☐ ☐ The policy states, “Safety checks by department members shall occur no less than every 15 minutes.” (c) Safety checks for people in sobering cells, safety cells, MVPM 900.5.1 – Temporary Custody Logs and restraints shall occur more frequently as outlined in ☒ ☐ ☐ MVPM 900.8 - Holding Cells section 1055, section 1056, and section 1058 of these MVPM 900.8.1 – Use of Sobering Cell regulations. (d) Safety checks shall occur at random or varied MVPM 900.5.1 – Temporary Custody Logs intervals. MVPM 900.8 - Holding Cells ☒ ☐ ☐ The policy states, “Safety checks should be at varying times.” (e) There shall be a written plan that includes the MVPM 900.5.1 – Temporary Custody Logs documentation of all safety checks. Documentation shall MVPM 900.8 - Holding Cells include: ☒ ☐ ☐ (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check MVPM 900.5.1 – Temporary Custody Logs occurred, such as a cell, module, or dormitory ☒ ☐ ☐ MVPM 900.8 - Holding Cells number; and, (3) Initials or employee identification number of staff MVPM 900.5.1 – Temporary Custody Logs who completed the safety check(s). ☒ ☐ ☐ MVPM 900.8 - Holding Cells (f) A documented process by which safety checks are MVPM 900.5.1 – Temporary Custody Logs reviewed at regular defined intervals by a supervisor or MVPM 900.8 - Holding Cells facility manager, including methods of mitigating patterns of inconsistent documentation, or untimely completion of, ☒ ☐ ☐ BSCC staff reviewed a random sampling of safety checks. safety checks from January 2023 through November 2024. Documentation appeared to be compliant with this regulation. 1028 FIRE AND LIFE SAFETY STAFF MHPM 900.12 (g) – Assigned Administrator, Fire and Life Safety, including a fire Whenever there is a person in custody, there shall be at suppression pre-plan least one person on duty at all times who meets the training standards established by the Board for general The policy states, “Department members ☒ ☐ ☐ fire and life safety. [Penal Code section 6030(c)]. should be trained and familiar with this policy and any supplemental procedures. (d) Emergency procedures and planning, fire safety, and life safety.” 5240 Santa Clara Mountain View Police Dept. 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 The facility manager shall ensure that there is at least one MVPM 900.12 (g) – Assigned Administrator, person on duty who trained in fire and life safety Fire and Life Safety, including a fire procedures that relate specifically to the facility. suppression pre-plan The policy states, “The plan should ensure ☒ ☐ ☐ that at least one member who meets the training standards established by the Board of State and Community Corrections (BSCC) for general fire- and life-safety and is trained in fire- and life-safety procedures relating specifically to the facility is on-duty at all times.” 1029 POLICY AND PROCEDURES MANUAL2 Mountain View Police Department Policy and Procedures Manual (MVPM). Section 900 Facility administrator(s) shall develop and publish a addresses custody procedures. manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every ☒ ☐ ☐ The manual was last updated in December two years. Such a manual shall be made available to all 2024. employees. Notes: The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III MVPM 200 - Organizational Structure and facilities shall provide for, but not be limited to, the Responsibility following: ☒ ☐ ☐ MVPM 200.3 - Command Protocol (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility MVPM 900.12(m) - Inspections and ☒ ☐ ☐ administrator/manager. Operations Reviews (3) Policy on the use of force that meets current state MVPM 300 - Use of Force and De-Escalation and federal legal requirements and includes ☒ ☐ ☐ prohibition of the use of carotid restraint and choke This Department-wide policy includes the holds. Temporary Holding Facility. (4) Policy on the use of restraint equipment, including MVPM 900.6 - Use of Restraint Devices the restraint of pregnant persons as referenced in ☒ ☐ ☐ MVPM 900.6.1 - Pregnant Adults Penal Code Section 3407. (5) Procedure and criteria for screening newly MVPM 419 – Cite and Release Policy ☒ ☐ ☐ received persons for release. (6) Security and control including physical counts and MVPM 900.8 - Holding Cells searches of the facility and incarcerated persons, MVPM 902 – Custodial Searches contraband control, and key control. MVPM 322 – Search and Seizure Each facility administrator shall, at least annually, review, evaluate, and make a record of security ☒ ☐ ☐ measures. The review and evaluation shall include BSCC staff reviewed the Annual Security internal and external security measures of the facility Review for the 2023-24 inspection cycle. including security measures specific to prevention of Documentation appeared to be compliant sexual abuse and sexual harassment. with this regulation. 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 Police Dept. 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 (7) Emergency procedures include: MVPM 900.12 (g) – Assigned Administrator, (A) fire suppression preplan as required by Fire and Life Safety, including a fire section 1032 of these regulations; ☒ ☐ ☐ suppression pre-plan (B) escape, disturbances, and the taking of MVPM 900.12 (g) – Assigned Administrator, hostages; Fire and Life Safety, including a fire suppression pre-plan ☒ ☐ ☐ MVPM 900.12 (e) - Escape MVPM 900.12 (j) - Civil and Other Disturbances including Hostage Situations (C) mass arrests; ☒ ☐ ☐ MVPM 358 – Major Incident Notification (D) natural disasters; ☒ ☐ ☐ MVPM 900.12(h) - Disaster Plans (E) periodic testing of emergency equipment; and MVPM 900.12(i) - Building and Safety Code ☒ ☐ ☐ Compliance (F) storage, issue, and use of weapons, MVPM 900.5.7 - Firearms and Other Security ammunition, chemical agents, and related ☒ ☐ ☐ Measures security devices. (8) Suicide Prevention. ☒ ☐ ☐ MVPM 900.4.1 – Screening and Placement (9) Separation of incarcerated persons. ☒ ☐ ☐ MVPM 900.4.1 – Screening and Placement (10) Zero tolerance in the prevention of sexual abuse MVPM 904 - PREA Policy and sexual harassment. ☒ ☐ ☐ MVPM 900.11 - Training (11) Policy and procedure to detect, prevent, and MVPM 904 - PREA Policy respond to retaliation against any staff or person after ☒ ☐ ☐ MVPM 900.11 - Training reporting any abuse. (12) Release policy, including release planning for MVPM 419 – Cite and Release Policy ☒ ☐ ☐ incarcerated persons. (e) The manual for Temporary Holding, Court Holding, MVPM 904 - PREA Policy Type I, II, III, and IV facilities shall provide for, but not be MVPM 900.11 - Training limited to, the following: (1) multiple internal ways for incarcerated people to BSCC staff confirmed that PREA pamphlets privately report sexual abuse and sexual ☒ ☐ ☐ were posted within the jail holding area and harassment, retaliation by other incarcerated in the lobby for third-party reporting. PREA persons or staff for reporting sexual abuse and Policy is also available on the City Website. sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, MVPM 904 - PREA Policy family, community members, and other interested MVPM 900.11 - Training third parties to report sexual abuse or sexual harassment. The method for reporting shall be ☒ ☐ ☐ publicly posted at the facility. PREA pamphlets are posted in the lobby of the Police department for third-party reporting. 5240 Santa Clara Mountain View Police Dept. 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 1030 SUICIDE PREVENTION PROGRAM MVPM 900.4.1 – Screening and Placement The facility shall have a comprehensive written suicide prevention program developed by the facility The policy states, “If there is any suspicion administrator or designee, in conjunction with the health ☒ ☐ ☐ that the individual may be suicidal, he/she authority and mental health director, to identify, monitor, shall be transported to the City jail or the and provide treatment to those incarcerated persons who appropriate mental health facility.” present a suicide risk. The program shall include the following: (a) Annual suicide prevention training for all custodial MVPM 900.11 - Training personnel. ☒ ☐ ☐ (b) Intake screening for suicide risk immediately upon MVPM 900.4.1 - Screening and Placement intake and prior to housing assignment. ☐ ☐ ☒ (c) Suicide prevention screening during special MVPM 900.4 - Initiating Temporary Custody situations, including placement in restrictive housing, MVPM 900.4.1 - Screening and Placement ☐ ☐ ☒ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among MVPM 900.4.1 - Screening and Placement arresting/transporting officers, facility staff, court staff, ☐ ☐ ☒ medical and mental health personnel in relation to suicide risk. (e) Housing recommendations for people at risk of suicide MVPM 900.4.1 - Screening and Placement that balance safety and environment. The least restrictive ☐ ☐ ☒ environment should be considered. (f) Supervision depending on level of suicide risk. MVPM 900.4.1 - Screening and Placement ☐ ☐ ☒ (g) Suicide attempt and suicide intervention policies and MVPM 900.4.1 - Screening and Placement procedures. ☐ ☐ ☒ (h) Provisions for reporting suicides and suicides MVPM 900.4.1 - Screening and Placement attempts. ☐ ☐ ☒ (i) Multi-disciplinary administrative review of suicides and MVPM 900.4.1 - Screening and Placement attempted suicides as defined by the facility administrator, including the development of a corrective ☐ ☐ ☒ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. MVPM 900.4.1 - Screening and Placement ☐ ☐ ☒ Note: Subsection (k) does not apply and has been deleted. 1032 FIRE SUPPRESSION PREPLANNING MVPM 900.12 (g) – Assigned Administrator, Fire and Life Safety, including a fire Pursuant to Penal Code Section 6031.1(b), the facility suppression pre-plan 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 Police Dept. 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 (a) a fire suppression pre-plan developed with the local MVPM 900.12 (g) – Assigned Administrator, 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 Regulations Section 1029); (b) monthly fire prevention inspections by facility staff with MVPM 900.12 (g) – Assigned Administrator, two-year retention of the inspection record; Fire and Life Safety, including a fire suppression pre-plan ☒ ☐ ☐ BSCC staff reviewed the required documentation and confirmed that it meets the requirements of the regulations. (c) fire prevention inspections as required by Health and MVPM 900.12 (g) – Assigned Administrator, 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 ☒ ☐ ☐ Fire Inspection was last completed on December 17, 2024. (d) an evacuation plan; and MVPM 900.12 (g) – Assigned Administrator, Fire and Life Safety, including a fire suppression pre-plan ☒ ☐ ☐ The evacuation plan is to transfer individuals to the Santa Clara County Jail. (e) a plan for the emergency housing of incarcerated MVPM 900.12 (g) – Assigned Administrator, people in the case of fire. Fire and Life Safety, including a fire suppression pre-plan ☒ ☐ ☐ The emergency housing plan is to house arrestees at the Santa Clara County Jail. 1044 INCIDENT REPORTS MVPM 900.5.8 - Reporting Physical Harm or Serious Threat of Physical Harm Each facility administrator shall develop written policies and procedures for the maintenance of written records No incident reports were submitted for ☒ ☐ ☐ and reporting of all incidents which result in physical review during this inspection cycle. harm, or serious threat of physical harm, to an employee or incarcerated person of a detention facility or other person. Such records shall include the names of the persons MVPM 900.5.8 - Reporting Physical Harm or involved, a description of the incident, the actions taken, ☒ ☐ ☐ Serious Threat of Physical Harm and the date and time of the occurrence. Such a written record shall be prepared by the staff MVPM 900.5.8 - Reporting Physical Harm or assigned to investigate the incident and submitted to the ☒ ☐ ☐ Serious Threat of Physical Harm facility manager or designee. 1046 DEATH IN CUSTODY MVPM 900.5.8 - Reporting Physical Harm or Serious Threat of Physical Harm (a) The facility administrator shall develop written policy MVPM 900.9 - Suicide Attempt, Death, or and procedures to comply with the in-custody death Serious Injury reporting requirements of Government Code section MVPM 360 – Death Investigation ☒ ☐ ☐ 12525. The facility administrator shall submit a copy of the report filed pursuant to section 12525 to the BSCC The policy states, “Notification to the Attorney within 10 days of an in-custody death. General within 10 days of any death in custody including any reasonably known facts concerning the death.” 5240 Santa Clara Mountain View Police Dept. 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 (b) The facility administrator, in cooperation with the MVPM 900.5.8 - Reporting Physical Harm or health administrator, shall develop written policy and Serious Threat of Physical Harm procedures to conduct an initial review and complete a MVPM 900.9 - Suicide Attempt, Death, or written report of every in-custody death within 30 days of Serious Injury the death. The team that conducts the initial review shall MVPM 360 – Death Investigation include, at a minimum, the facility administrator or designee, the health administrator, the responsible ☒ ☐ ☐ Draft Policy states, “In-custody death reviews physician and other health care, and supervision staff shall will be within 30 days. The review shall who are relevant to the incident. include the facility administrator and/or the facility manager, the health administrator, the responsible physician, and other health care and supervision staff who are relevant to the incident. ” Deaths shall be reviewed to determine the MVPM 900.5.8 - Reporting Physical Harm or appropriateness of clinical care; whether changes to Serious Threat of Physical Harm policies, procedures, or practices are warranted; and to MVPM 900.9 - Suicide Attempt, Death, or identify issues that require further study. Serious Injury MVPM 360 – Death Investigation ☒ ☐ ☐ The policy states, “The Lieutenant shall ensure a multi-disciplinary administrative review of suicides and attempted suicides, as defined by the facility administrator, is conducted.” (c) The facility administrator shall submit a copy of the MVPM 900.5.8 - Reporting Physical Harm or initial review report of every in-custody death to the BSCC Serious Threat of Physical Harm within 60 days of the death. The facility administrator shall MVPM 900.9 - Suicide Attempt, Death, or provide a copy of the initial review report that comports ☒ ☐ ☐ Serious Injury with the disclosure requirements of section 832.10 of the MVPM 360 – Death Investigation Penal Code. The initial review report shall contain the following MVPM 900.5.8 - Reporting Physical Harm or information: Serious Threat of Physical Harm (1) Demographic information MVPM 900.9 - Suicide Attempt, Death or (A) Full name of the decedent Serious Injury (B) Date of birth MVPM 360 – Death Investigation (C) Date of death (D) Time of death (E) Gender (F) Race and ethnicity (G) Relevant medical history ☒ ☐ ☐ (2) Facility Information (A) Name and location of the detention facility (B) Description of the location where the death occurred within the facility (C) Date and time of the incident (D) Detention facility personnel (including names and roles) involved in the reporting of the death or incident (3) Any relevant circumstances leading up to death, including behavioral health or medical issues. 5240 Santa Clara Mountain View Police Dept. 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 (d) In any case in which a minor dies while detained in a MVPM 900.5.8 - Reporting Physical Harm or jail, lockup, or court holding facility the BSCC may inspect Serious Threat of Physical Harm and evaluate the jail, lockup, or court holding facility MVPM 900.9 - Suicide Attempt, Death, or pursuant to the provisions of this subchapter within 30 Serious Injury calendar days of the death. Any inquiry made by the MVPM 360 – Death Investigation Board shall be limited to the standards and requirements set forth in these regulations. Juveniles are not brought into this facility. 1050 CLASSIFICATION PLAN MVPM 900.4 - Initiating Temporary Custody MVPM 900.4.1 – Screening and Placement (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign The policy states, “The officer responsible for incarcerated persons to housing units and activities an individual in temporary custody should according to the categories of gender identity, age, evaluate the person for any apparent chronic criminal sophistication, seriousness of crime charged, illness, disability, vermin infestation, possible physical or mental health needs, assaultive/non- communicable disease, or any other potential assaultive behavior, risk of being sexually abused, or risk to the health or safety of the individual or sexually harassed and other criteria which will provide for others. The officer should specifically ask if the safety of the incarcerated people and staff. Such ☒ ☐ ☐ the individual is contemplating suicide and housing unit assignment shall be accomplished to the evaluate the individual for obvious signs or extent possible within the limits of the available number indications of suicidal intent.” of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments. Note: Subsection (b) does not apply and has been deleted. (c) In deciding housing and programming assignments, MVPM 900.4 - Initiating Temporary Custody the agency shall consider on a case-by-case basis MVPM 900.4.1 – Screening and Placement whether a placement would ensure the health and safety of the incarcerated person, and whether the placement The policy states, “The officer should would present management or security problems. A promptly notify the Watch Commander of any person’s own views with respect to their own safety shall ☒ ☐ ☐ conditions that may warrant immediate be given serious consideration. medical attention or other appropriate action. The Watch Commander shall determine whether the individual will be placed in a cell, immediately released, or transported to jail or other facility.” 1051 COMMUNICABLE DISEASES MVPM 900.4 - Initiating Temporary Custody MVPM 900.4.1 – Screening and Placement The facility administrator, in cooperation with the responsible physician, shall develop written policies and The policy states, “The officer responsible for procedures specifying those symptoms that require an individual in temporary custody should medical isolation of an incarcerated person until a evaluate the person for any apparent chronic medical evaluation is completed. ☒ ☐ ☐ illness, disability, vermin infestation, possible communicable disease, or any other potential risk to the health or safety of the individual or others. The officer should specifically ask if the individual is contemplating suicide and evaluate the individual for obvious signs or indications of suicidal intent.” 5240 Santa Clara Mountain View Police Dept. 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 At the time of intake into the facility, an inquiry shall be MVPM 900.4 - Initiating Temporary Custody made of the person being booked as to whether the MVPM 900.4.1 – Screening and Placement person has or has had any communicable diseases, such as tuberculosis or has observable symptoms of ☒ ☐ ☐ tuberculosis or any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION MVPM 900.4 - Initiating Temporary Custody MVPM 900.4.1 – Screening and Placement The facility administrator, in cooperation with the responsible physician, shall develop written policies and The policy states, “Individuals who exhibit procedures to identify and evaluate all incarcerated ☒ ☐ ☐ certain behaviors or conditions should not be people who may be in behavioral crisis. Evaluation of in temporary custody at the Tracy Police behavioral crisis may include telehealth. Department, but should be transported to a jail facility, a medical facility, or another type of facility as appropriate.” If an evaluation from medical or mental health staff is not MVPM 900.4 - Initiating Temporary Custody readily available, an incarcerated person shall be MVPM 900.4.1 – Screening and Placement considered in behavioral crisis for the purpose of this ☒ ☐ ☐ section if they appear to be a danger to themselves or others or appear gravely disabled. An evaluation from medical or mental health staff shall be MVPM 900.4 - Initiating Temporary Custody secured within 24 hours of identification or at the next MVPM 900.4.1 – Screening and Placement daily sick call, whichever is earliest. ☒ ☐ ☐ BSCC staff confirmed no persons are held longer than 24 hours. Separation may be used if necessary, to protect the MVPM 900.4 - Initiating Temporary Custody safety of the person in crisis or others. MVPM 900.4.1 – Screening and Placement ☒ ☐ ☐ Anyone showing signs of crisis is transferred to the Santa Clara County Jail or medical facility. 1053 ADMINISTRATIVE SEPARATION MVPM 900.4 - Initiating Temporary Custody MVPM 900.4.1 – Screening and Placement Except for Type IV facilities, facility administrators shall ☒ ☐ ☐ develop and implement policies and procedures for the administrative separation of incarcerated people. Policies and procedures must include: MVPM 900.4 - Initiating Temporary Custody (a) Administrative separation may consist of separate MVPM 900.4.1 – Screening and Placement housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of The policy states, “Ensure separation, as ☒ ☐ ☐ protecting the welfare of incarcerated people and facility appropriate, based on other factors, such as staff. age, criminal sophistication, assaultive/non- assaultive behavior, mental state, disabilities Note: Subsections (b) through (e) do not apply and have and sexual orientation.” been deleted. 1055 USE OF SAFETY CELL There are no safety cells at the Mountain View Police Department Temporary Holding The safety cell described in Title 24, Part 2, Section Facility. 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. 5240 Santa Clara Mountain View Police Dept. 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 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. 1056 USE OF SOBERING CELL There are no sobering cells at the Mountain View Police Department Temporary Holding The sobering cell described in Title 24, Part 2, Section Facility. ☐ ☐ ☒ 1231.2.4, shall be used for temporary holding of incarcerated people who are a threat to their own safety or the safety of others due to their state of intoxication. A person shall be removed from the sobering cell as soon as they are able to continue the admission process or are ☐ ☐ ☒ no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over 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 ☐ ☐ ☒ receive an evaluation by responsible health care staff. Intermittent direct visual observation of people held in the sobering cell shall be conducted no less than every half ☐ ☐ ☒ hour. Such observation shall be documented. 5240 Santa Clara Mountain View Police Dept. 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 1057 DEVELOPMENTAL DISABILITIES MVPM 900.4 - Initiating Temporary Custody MVPM 900.4.1 – Screening and Placement The facility administrator, in cooperation with the responsible physician, shall develop written policies and The policy states, “The officer responsible for procedures for the identification and evaluation, an individual in temporary custody should appropriate classification and housing, protection, and evaluate the person for any apparent chronic nondiscrimination of all incarcerated persons with ☒ ☐ ☐ illness, disability, vermin infestation, possible developmental disabilities. communicable disease, or any other potential risk to the health or safety of the individual or others. The officer should specifically ask if the individual is contemplating suicide and evaluate the individual for obvious signs or indications of suicidal intent.” The health authority or designee shall contact the MVPM 900.4 - Initiating Temporary Custody regional center for any incarcerated person suspected or MVPM 900.4.1 – Screening and Placement confirmed to have a developmental disability for the ☒ ☐ ☐ purposes of diagnosis or treatment within 24 hours of This process will be completed at the Santa such determination, excluding holidays and weekends. Clara County Jail. 1058 USE OF RESTRAINT DEVICES MVPM 308 - Control Devices and Techniques MVPM 900.6 - Use of Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop and implement The policy states, “The use of restraints, other written policies and procedures for the use of restraint than handcuffs or leg irons, generally should devices. Restraint devices include any devices which not be used for individuals in temporary immobilize extremities or prevent the incarcerated person ☒ ☐ ☐ custody at the Mountain View Police from being ambulatory. The provisions of this section do Department unless the person presents a not apply to the use of handcuffs, shackles, or other heightened risk, and only in compliance with restraint devices when used to restrain incarcerated the Handcuffing and Restraints Policy” people for security reasons. The facility manager may delegate authority to place an incarcerated person in Mechanical devices are the only type of restraints to responsible health care staff. restraint used in this facility. (a) The policy shall address the following areas: MVPM 308 - Control Devices and Techniques (1) acceptable restraint devices; MVPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ (2) signs or symptoms which should result in MVPM 308 - Control Devices and Techniques immediate medical/mental health referral; availability MVPM 900.6 - Use of Restraint Devices of cardiopulmonary resuscitation equipment; ☒ ☐ ☐ BSCC staff confirmed that there is an AED device available within the jail facility. (3) protective housing of restrained persons; MVPM 308 - Control Devices and Techniques MVPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ (4) provision for hydration and sanitation needs; and, MVPM 308 - Control Devices and Techniques MVPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ (5) exercising of extremities. MVPM 308 - Control Devices and Techniques MVPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ 5240 Santa Clara Mountain View Police Dept. 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 (b) Policy shall also include, but not be limited to, the MVPM 308 - Control Devices and Techniques following requirements: MVPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ (1) In no case shall restraints be used for punishment or as a substitute for treatment. (2) Restraint devices shall only be used on MVPM 308 - Control Devices and Techniques incarcerated people who display behavior which MVPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ 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 MVPM 308 - Control Devices and Techniques restrictive alternatives, including verbal de-escalation MVPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in MVPM 308 - Control Devices and Techniques restraints only with the approval of the facility MVPM 900.6 - Use of Restraint Devices manager, the facility watch commander, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be MVPM 308 - Control Devices and Techniques maintained until a medical opinion can be obtained. MVPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ (6) A medical opinion on placement and retention MVPM 308 - Control Devices and Techniques shall be secured within one hour from the time of MVPM 900.6 - Use of Restraint Devices placement. ☐ ☐ ☒ (7) A medical assessment shall be completed within MVPM 308 - Control Devices and Techniques four hours of placement. ☐ ☐ ☒ MVPM 900.6 - Use of Restraint Devices (8) Continuous direct visual observation shall be MVPM 308 - Control Devices and Techniques conducted at least twice every 30 minutes to ensure MVPM 900.6 - Use of Restraint Devices 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 MVPM 308 - Control Devices and Techniques with responsible health care staff determines that an MVPM 900.6 - Use of Restraint Devices 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 MVPM 308 - Control Devices and Techniques the restraint device manufacturer’s recommended MVPM 900.6 - Use of Restraint Devices ☐ ☐ ☒ maximum time limits for placement. 5240 Santa Clara Mountain View Police Dept. 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 (11) All events and information related to the MVPM 308 - Control Devices and Techniques placement in restraints shall be documented and MVPM 900.6 - Use of Restraint Devices shall be video recorded unless exigent circumstances prevent staff from doing so. The ☐ ☐ ☒ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS MVPM 308 - Control Devices and Techniques MVPM 900.6 - Use of Restraint Devices The facility administrator, in cooperation with the MVPM 900.6.1 – Pregnant Adults 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 MVPM 308 - Control Devices and Techniques in recovery after delivery or termination of the MVPM 900.6 - Use of Restraint Devices pregnancy shall not be restrained by the use of leg or MVPM 900.6.1 – Pregnant Adults waist restraints, or handcuffs behind the body. ☒ ☐ ☐ The policy states, “A person known to be pregnant or in the recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body.” (2) An incarcerated pregnant person in labor, during MVPM 308 - Control Devices and Techniques delivery, or in recovery after delivery or termination of MVPM 900.6 - Use of Restraint Devices the pregnancy, shall not be restrained by the wrists, MVPM 900.6.1 – Pregnant Adults ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. The policy states, “No person who is in labor, ☒ ☐ ☐ 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 MVPM 308 - Control Devices and Techniques who is currently responsible for the medical care of MVPM 900.6 - Use of Restraint Devices an incarcerated pregnant person during a medical ☒ ☐ ☐ MVPM 900.6.1 – Pregnant Adults 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 MVPM 308 - Control Devices and Techniques pregnancy, they shall be advised, orally or in writing, MVPM 900.6 - Use of Restraint Devices ☒ ☐ ☐ of the standards and policies governing incarcerated MVPM 900.6.1 – Pregnant Adults pregnant people. 5240 Santa Clara Mountain View Police Dept. 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 1067 ACCESS TO TELEPHONE MVPM 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, BSCC staff confirmed phones are available teletypewriters, or third-party communications for use and therefore compliant with this assistance. An individual’s access to telephone regulation. 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 MVPM 900.5.5 - Telephone Calls MVPM 900.5.9 - Attorneys and Bail The facility administrator shall develop written policies Bondsmen ☒ ☐ ☐ 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. MVPM 900.5.5 - Telephone Calls MVPM 900.5.9 - Attorneys and Bail Bondsmen ☒ ☐ ☐ Confidential and secure interview rooms are available within the holding area. 1080 RULES AND DISCIPLINARY ACTIONS MVPM 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 as soon Sections 1080, 1081, 1082, 1083 and 1084 apply. as practicable. Such conduct should be documented and reported to the receiving facility.” Such rules and disciplinary actions shall be stated simply and affirmatively and posted conspicuously in housing ☐ ☐ ☒ units and the booking area or issued to each person upon booking. For those individuals with limited literacy, who are unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them ☐ ☐ ☒ verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and actions. 5240 Santa Clara Mountain View Police Dept. 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 MVPM 900.5.10 – Discipline PERSONS The policy states, “Discipline will not be Each facility administrator shall develop written policies administered to any individual in custody at and procedures for discipline of incarcerated persons. this facility. Any individual in custody who The plan shall include, but not be limited to, the following repeatedly fails to follow directions or facility elements: ☒ ☐ ☐ rules should be transported to the appropriate (a) Temporary Loss of Privileges: For minor acts of non- jail, mental health facility or hospital as soon conformance or minor violations of facility rules, staff may as practicable. Such conduct should be impose a temporary loss of privileges, such as access to documented and reported to the receiving television, telephones, commissary, or lockdown for less facility.” than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing ☐ ☐ ☒ by the staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and disciplinary authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes: ☐ ☐ ☒ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 2. Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been ☐ ☐ ☒ informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The ☐ ☐ ☒ incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and ☐ ☐ ☒ the action taken shall be reviewed by the facility manager or designee. 5240 Santa Clara Mountain View Police Dept. 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 6. The incarcerated person shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. 1082 FORMS OF DISCIPLINE MVPM 900.5.10 – Discipline The degree of actions taken by the disciplinary officer The policy states, “Discipline will not be shall be directly related to the severity of the rule administered to any individual in custody at infraction and promotion of desired behavior through a this facility. Any individual in custody who progressive disciplinary process. Acceptable forms of repeatedly fails to follow directions or facility discipline shall consist of, but not be limited to, the rules should be transported to the appropriate following: jail, mental health facility or hospital as soon (a) Loss of privileges. ☒ ☐ ☐ as practicable. Such conduct should be (b) Extra work detail. documented and reported to the receiving (c) Short term lockdown for less than 24 hours. facility.” (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS MVPM 900.5.10 – Discipline The Penal Code and the State Constitution expressly The policy states, “Discipline will not be prohibit all cruel and unusual punishment. Disciplinary administered to any individual in custody at actions shall not include corporal punishment, group this facility. Any individual in custody who punishment when feasible, or physical or psychological repeatedly fails to follow directions or facility degradation. ☒ ☐ ☐ rules should be transported to the appropriate jail, mental health facility or hospital as soon Additionally, there shall be the following limitations: as practicable. Such conduct should be (a) Disciplinary separation shall be considered an option documented and reported to the receiving of last resort and as a response to the most serious and facility.” threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1) If a person is on disciplinary separation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a ☐ ☐ ☒ consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (2) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day ☐ ☐ ☒ except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 5240 Santa Clara Mountain View Police Dept. 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 (3) If after placement in separation, mental health or medical staff determine that an individual has serious mental illness or an intellectual disability, they shall ☐ ☐ ☒ be removed from disciplinary separation immediately upon this determination. (b) The delegation of authority to any incarcerated person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the implements necessary to maintain an acceptable level of ☐ ☐ ☒ personal hygiene as specified in Section 1265 of these regulations. (e) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case ☐ ☐ ☒ correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS MVPM 900.5.10 – Discipline Penal Code Section 4019.5 requires that a record is kept The policy states, “Discipline will not be of all disciplinary actions administered therefore. This administered to any individual in custody at requirement may be satisfied by retaining copies of rule this facility. Any individual in custody who violation reports and report of the disposition of each. ☒ ☐ ☐ repeatedly fails to follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility.” 1270 STANDARD BEDDING AND LINEN ISSUE No individual is housed in this facility for more than six hours. The standard issue of clean suitable bedding and linens, for each incarcerated person entering a living area who ☐ ☐ ☒ is expected to remain overnight, shall include, but not be limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; ☐ ☐ ☒ (d) one blanket or more depending up on climatic ☐ ☐ ☒ conditions. Policy and procedure shall require that items (a), (b), and ☐ ☐ ☒ (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. 5240 Santa Clara Mountain View Police Dept. 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 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 MVPM 900.12 (c) - Assigned Administrator – MAINTENANCE Sanitation and Maintenance The facility administrator shall develop written policies and procedures for the maintenance of an acceptable ☒ ☐ ☐ City janitorial services provide maintenance level of cleanliness, repair, and safety throughout the within the temp holding facility. 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. 5240 Santa Clara Mountain View Police Dept. 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? No juveniles are held in this facility. Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in temporary custody in the jail. ☐ ☒ ☐ Facilities that do not hold minors in the jail cells are not subject to Title 15, Article 9 biennial inspections; however, if minors are held in the building, they may be subject to the requirements of Welfare and Institutions Code section 207.1. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION FACILITY The facility administrator shall develop policy and ☐ ☒ procedures for notification of the court of jurisdiction and ☐ the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies ☒ and procedures concerning minors being held in ☐ ☐ temporary custody which shall address: (a) suicide risk and prevention; (b) use of restraints; ☒ ☐ ☐ (c) emergency medical assistance and services; and ☒ ☐ ☐ (d) prohibiting use of discipline. ☒ ☐ ☐ 1143 CARE OF MINORS IN TEMPORARY CUSTODY ☐ ☐ ☒ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; (2) one snack during term of temporary custody if the minor has not eaten within the past four (4) ☒ hours or is otherwise in need of appropriate ☐ ☐ nourishment; (3) access to drinking water; ☒ ☐ ☐ (4) access to language services; ☒ ☐ ☐ (5) access to disabilities services; ☒ ☐ ☐ (6) sanitary napkins, panty liners, and tampons as ☒ requested; ☐ ☐ (7) privacy during consultation with family, guardian, ☒ and/or lawyer; ☐ ☐ (8) blankets and clothing, as necessary, to assure ☒ the comfort of the minor; and ☐ ☐ 5240 Santa Clara Mountain View Police Dept. THJ PRO 23-24 Page 2 0 of 23 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. 5240 Santa Clara Mountain View Police Dept. 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. 5240 Santa Clara Mountain View Police Dept. 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. 5240 Santa Clara Mountain View Police Dept. THJ PRO 23-24 Page 2 3 of 23 A351 TH PRO eff. 07.01.24 THE BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5240 FACILITY: Mountain View Police Department TYPE: THJ RC: 0 FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/16/2024 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 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 the 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: The cell was converted from a sobering cell to a holding cell. Intoxicated arrestees were taken to the sobering station or the main jail. stainless steel combo unit; standard style wall-mounted register on the wall above commode; combo unit has small mouth guard on the 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 the 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 the 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 the 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 Police Dept. THJ LASE 23-24 -1 - A360 LAS Adult.dot (9/98) PHYSICAL PLANT EVALUATION THE BOARD AND STATE OF COMMUNITY CORRECTIONS 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: Matthew Schuler DATE: 12/16/2024 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) 0B X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates Capacity when in use as holding cells is five X 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 The combo unit has a small mouth guard on X the fountain. Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 Capacity when used as a sleeping cell is one and 0600 (Later, less restrictive 1994 standards only per cell. require a bunk if inmates are held longer than 12 X hours) Weapons Locker (3.12) Located outside of the sally port and at the entrance to the facility (from the External to the security area and equipped with X administration area). individual compartments, locks and keys Detoxification Cells (WA) (2.4) Converted to a 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 are in the facility. The remainder of the regulation was deleted from X Contain 48 square feet with one floor dimension at this checklist. least 6 feet 5240 Santa Clara Mountain View Police Dept. THJ PHY 23-24 -1 - A370 PHY 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Shower-Delousing Room (3.4) A shower is available in the administrative 1B area if needed. X Available Secure Vault or Storage Space (2.1) Available for inmate valuables X Telephone (2.1) Located in the processing office. X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) Staff activated a device for audio monitoring. X For facilities planned or constructed after 8-86 Janitor Closet (2.20) Located outside of a 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 a secure facility and interview rooms in the station area. X Available 5240 Santa Clara Mountain View Police Dept. THJ PHY 23-24 - 2 - A370 PHY 1-78.dot (9/98)