Santa Clara Gilroy PD Comprehensive Insp. Rpt. 23-24 THJ (2023-2024 inspection cycle)

February 4, 2025 Pedro Espinoza, Chief of Police Gilroy Police Department 7301 Hanna Street Gilroy, CA 95020 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, GILROY POLICE DEPARTMENT DETENTION FACILITY Dear Chief Espinoza: The 2023-2024 Comprehensive Inspection of the Gilroy 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 Gilroy Police Department 5255 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. Pedro Espinoza 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* Miguel Chavez, Officer, Gilroy Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 5255 Santa Clara Gilroy Police Department THJ LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5255 FACILITY NAME: GILROY POLICE DEPARTMENT FACILITY TYPE: THJ PERSON(S) INTERVIEWED: OFFICER MIGUEL CHAVEZ FIELD REPRESENTATIVE: MATTHEW SCHULER DATE: DECEMBER 16, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Gilroy Police Department Policy Manual HOLDING FACILITY TRAINING (GPM) Article 2 G. – Training Requirements 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 GPM Article 2 G. – Training Requirements in any event not more than six months after the date of 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 GPM Article 2 G. – Training Requirements completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional ☒ ☐ ☐ The policy states, “Eight hours of refresher Training may be substituted for the eight-hour refresher. training shall be completed once every two years.” 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. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL GPM Article 2 B. – Number of Personnel A sufficient number of personnel shall be employed in ☒ ☐ ☐ BSCC staff confirmed that the staffing model each local detention facility to ensure the implementation meets the requirements of this regulation. and operation of the programs and activities required by these regulations. Whenever there is a person in custody, there shall be at GPM Article 2 B. – Number of Personnel least one employee on duty at all times in a local detention facility or in the building which houses a local ☒ ☐ ☐ The policy states, ”An authorized department detention facility who shall be immediately available and member capable of supervising shall be accessible to incarcerated people in the event of an present at all times when an individual is held emergency. in temporary custody.” Such an employee shall not have any other duties which GPM Article 2 B. – Number of Personnel would conflict with the supervision and care of incarcerated people in the event of an emergency. ☒ ☐ ☐ 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 GPM Article 2 B. – Number of Personnel shall be at least one female employee who shall be immediately available and accessible to such females. The policy states, “At least one female Note: Reference PC § 4021. 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 the Santa Clara County Jail or Santa Clara Juvenile Hall.” In order to determine if there is a sufficient number of GPM Article 2 B. – Number of Personnel personnel for 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 GPM Article 4 B. – Review and jail Inspections The facility administrator shall develop and implement policy and procedures for conducting safety checks that The policy states, “Routine visual safety include, but are not limited to, the following: ☒ ☐ ☐ checks will be made on inmate(s) at least (a) Safety checks will determine the safety and well-being once every hour.” of individuals and shall be conducted at least hourly through direct visual observation of all people held and The Watch Commander is responsible for housed in the facility. supervising all jail operations during his/her shift. (b) There shall be no more than a 60-minute lapse GPM Article 4 B. – Review and jail between safety checks. Inspections ☒ ☐ ☐ The policy states, ”“Routine visual safety checks will be made on inmate(s) at least once every hour.” (c) Safety checks for people in sobering cells, safety cells, GPM Article 4 B. – Review and jail and restraints shall occur more frequently as outlined in Inspections section 1055, section 1056, and section 1058 of these ☒ ☐ ☐ GPM Article 5 E. – Use of Safety Cells regulations. GPM Article 5 F. – Use of Detoxification Cell 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 2 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Safety checks shall occur at random or varied GPM Article 4 B. – Review and jail intervals. ☒ ☐ ☐ Inspections (e) There shall be a written plan that includes the GPM Article 4 B. – Review and jail documentation of all safety checks. Documentation shall Inspections include: ☒ ☐ ☐ (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check GPM Article 4 B. – Review and jail occurred, such as a cell, module, or dormitory ☒ ☐ ☐ Inspections number; and, (3) Initials or employee identification number of staff GPM Article 4 B. – Review and jail who completed the safety check(s). Inspections ☒ ☐ ☐ (f) A documented process by which safety checks are GPM Article 4 B. – Review and jail reviewed at regular defined intervals by a supervisor or Inspections 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 October 2024. Documentation appeared to be compliant with this regulation. 1028 FIRE AND LIFE SAFETY STAFF GPM Article 2 C – Fire and Life Safety Staff Whenever there is a person in custody, there shall be at The policy states, “Department members least one person on duty at all times who meets the should be trained and familiar with this policy ☒ ☐ ☐ training standards established by the Board for general and any supplemental procedures. fire and life safety. [Penal Code section 6030(c)]. (d) Emergency procedures and planning, fire safety, and life safety.” The facility manager shall ensure that there is at least one GPM Article 2 C – Fire and Life Safety Staff person on duty who trained in fire and life safety procedures that relate specifically to the facility. The policy states, “whenever there is an ☒ ☐ ☐ inmate in custody, there will be at least one member who meets the training standards established by the Board of State and Community Corrections for general fire- and life-safety .” 1029 POLICY AND PROCEDURES MANUAL2 Gilroy Police Department Policy and Procedures Manual (GPM) addresses Facility administrator(s) shall develop and publish a custody procedures. Lexipol is also used for manual of policy and procedures for the facility. The Patrol Operations. policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every ☒ ☐ ☐ two years. Such a manual shall be made available to all The manual was last updated on June 29, employees. 2023. 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. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 3 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) The manual for Temporary Holding, Type I, II, and III GPM Article 1 C – Organizational Chart facilities shall provide for, but not be limited to, the following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility GPM Article 1 E – Review and Jail administrator/manager. ☒ ☐ ☐ Inspections (3) Policy on the use of force that meets current state GPM 300 - Use of Force 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 GPM 300 – Use of Force the restraint of pregnant persons as referenced in ☒ ☐ ☐ GPM Article 5 G – Use of Restraint Devices Penal Code Section 3407. and Force (5) Procedure and criteria for screening newly GPM Article 5 I – Release under 849(B) and received persons for release. ☒ ☐ ☐ 853.6 PC (6) Security and control including physical counts and GPM Article 2 E-Security and Control searches of the facility and incarcerated persons, contraband control, and key control. Each facility administrator shall, at least annually, BSCC staff reviewed the Annual Security review, evaluate, and make a record of security ☒ ☐ ☐ Review for the 2023-24 inspection cycle. measures. The review and evaluation shall include Documentation appeared to be compliant internal and external security measures of the facility with this regulation. including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: GPM Article 2 C – Fire and Life Safety Staff (A) fire suppression preplan as required by ☒ ☐ ☐ section 1032 of these regulations; (B) escape, disturbances, and the taking of GPM Article 3 A - Escape ☒ ☐ ☐ hostages; (C) mass arrests; ☒ ☐ ☐ GPM Article 3 D – Civil Disturbance (D) natural disasters; ☒ ☐ ☐ GPM Article 3 E – Natural Disaster (E) periodic testing of emergency equipment; and GPM Article 3 I – Testing, Storage, and Use ☒ ☐ ☐ of Emergency Equipment (F) storage, issue, and use of weapons, GPM Article 3 I – Testing, Storage, and Use ammunition, chemical agents, and related ☒ ☐ ☐ of Emergency Equipment security devices. (8) Suicide Prevention. GPM Article 11 G– Suicide Prevention ☒ ☐ ☐ Program (9) Separation of incarcerated persons. ☒ ☐ ☐ GPM Article 3 H – Administrative Segregation (10) Zero tolerance in the prevention of sexual abuse ☒ ☐ ☐ GPM 904 – Prison Rape Elimination and sexual harassment. (11) Policy and procedure to detect, prevent, and GPM 904 – Prison Rape Elimination respond to retaliation against any staff or person after ☒ ☐ ☐ reporting any abuse. (12) Release policy, including release planning for GPM Article 5 I – Release under 849(B) and ☒ ☐ ☐ incarcerated persons. 853.6 PC 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 4 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, GPM 904 – Prison Rape Elimination Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: BSCC staff confirmed that PREA Pamphlets (1) multiple internal ways for incarcerated people to were posted within the jail holding area and privately report sexual abuse and sexual in the lobby for third-party reporting. ☒ ☐ ☐ harassment, retaliation by other incarcerated persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, GPM 904 – Prison Rape Elimination family, community members, and other interested third parties to report sexual abuse or sexual ☒ ☐ ☐ PREA pamphlets are posted in the lobby of harassment. The method for reporting shall be the Police department for third-party publicly posted at the facility. reporting. 1030 SUICIDE PREVENTION PROGRAM GPM Article 11 G– Suicide Prevention Program The facility shall have a comprehensive written suicide GPM Article 11 C – Medical Receiving and prevention program developed by the facility Screening administrator or designee, in conjunction with the health ☒ ☐ ☐ authority and mental health director, to identify, monitor, Any potential suicide risk will be transported and provide treatment to those incarcerated persons who directly to the county jail or hospital. present a suicide risk. The program shall include the following: (a) Annual suicide prevention training for all custodial GPM Article 2 G. – Training Requirements ☒ ☐ ☐ personnel. (b) Intake screening for suicide risk immediately upon GPM Article 11 G– Suicide Prevention intake and prior to housing assignment. Program ☒ ☐ ☐ GPM Article 11 C – Medical Receiving and Screening (c) Suicide prevention screening during special GPM Article 11 G– Suicide Prevention situations, including placement in restrictive housing, Program following a hearing, and after a transfer or change in GPM Article 11 C – Medical Receiving and classification. Screening ☒ ☐ ☐ The policy states, “The officer should specifically ask if the individual is contemplating suicide and evaluate the individual for obvious signs or indications of suicidal intent.” (d) Provisions facilitating communication among GPM Article 11 G– Suicide Prevention arresting/transporting officers, facility staff, court staff, Program medical and mental health personnel in relation to suicide ☒ ☐ ☐ GPM Article 11 C – Medical Receiving and risk. Screening (e) Housing recommendations for people at risk of suicide GPM Article 11 G– Suicide Prevention that balance safety and environment. The least restrictive Program environment should be considered. ☒ ☐ ☐ GPM Article 11 C – Medical Receiving and Screening (f) Supervision depending on level of suicide risk. GPM Article 11 G– Suicide Prevention Program ☒ ☐ ☐ GPM Article 11 C – Medical Receiving and Screening 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 5 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) Suicide attempt and suicide intervention policies and GPM Article 11 G– Suicide Prevention procedures. ☒ ☐ ☐ Program (h) Provisions for reporting suicides and suicides GPM Article 11 G– Suicide Prevention attempts. ☒ ☐ ☐ Program (i) Multi-disciplinary administrative review of suicides and GPM Article 11 G– Suicide Prevention attempted suicides as defined by the facility Program 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. GPM Article 11 G– Suicide Prevention ☒ ☐ ☐ Program Note: Subsection (k) does not apply and has been deleted. 1032 FIRE SUPPRESSION PREPLANNING GPM Article 2 D – Fire Suppression Preplanning Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local GPM Article 2 D – Fire Suppression fire department to be included as part of the policy and Preplanning ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff with GPM Article 2 D – Fire Suppression two-year retention of the inspection record; Preplanning ☒ ☐ ☐ 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 GPM Article 2 D – Fire Suppression Safety Code Section 13146.1(a) and (b) which requires Preplanning inspections at least once every two years; ☒ ☐ ☐ Fire Inspection was last completed on July 22, 2024 (d) an evacuation plan; and GPM Article 2 D – Fire Suppression Preplanning ☒ ☐ ☐ The evacuation plan is to transfer individuals to the Santa Clara County Jail. (e) a plan for the emergency housing of incarcerated GPM Article 2 D – Fire Suppression people in the case of fire. Preplanning ☒ ☐ ☐ The emergency housing plan is to house arrestees at the Santa Clara County Jail. 1044 INCIDENT REPORTS GPM Article 4 B – Incident Reports Each facility administrator shall develop written policies No incident reports were submitted for and procedures for the maintenance of written records reviewing this inspection cycle. ☒ ☐ ☐ and reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or incarcerated person of a detention facility or other person. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 6 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such records shall include the names of the persons GPM Article 4 B – Incident Reports involved, a description of the incident, the actions taken, ☒ ☐ ☐ and the date and time of the occurrence. Such a written record shall be prepared by the staff GPM Article 4 B – Incident Reports assigned to investigate the incident and submitted to the ☒ ☐ ☐ facility manager or designee. 1046 DEATH IN CUSTODY GPM Article 11 F – Inmate Deaths (a) The facility administrator shall develop written policy The policy states, “Notification to the Attorney and procedures to comply with the in-custody death General within 10 days of any death in ☒ ☐ ☐ reporting requirements of Government Code section custody including any reasonably known facts 12525. The facility administrator shall submit a copy of concerning the death.” the report filed pursuant to section 12525 to the BSCC within 10 days of an in-custody death. (b) The facility administrator, in cooperation with the GPM Article 11 F – Inmate Deaths health administrator, shall develop written policy and procedures to conduct an initial review and complete a The policy states, “In-custody death reviews written report of every in-custody death within 30 days of shall will be within 30 days. The review shall the death. The team that conducts the initial review shall ☒ ☐ ☐ include the facility administrator and/or the include, at a minimum, the facility administrator or facility manager, the health administrator, the designee, the health administrator, the responsible responsible physician, and other health care physician and other health care, and supervision staff and supervision staff who are relevant to the who are relevant to the incident. incident. ” Deaths shall be reviewed to determine the GPM Article 11 F – Inmate Deaths appropriateness of clinical care; whether changes to policies, procedures, or practices are warranted; and to The policy states, “The Lieutenant shall identify issues that require further study. ☒ ☐ ☐ 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 GPM Article 11 F – Inmate Deaths initial review report of every in-custody death to the BSCC within 60 days of the death. The facility administrator shall ☒ ☐ ☐ provide a copy of the initial review report that comports with the disclosure requirements of section 832.10 of the Penal Code. The initial review report shall contain the following GPM Article 11 F – Inmate Deaths. information: (1) Demographic information (A) Full name of the decedent (B) Date of birth (C) Date of death (D) Time of death (E) Gender (F) Race and ethnicity (G) Relevant medical history ☒ ☐ ☐ (2) Facility Information (A) Name and location of the detention facility (B) Description of the location where the death occurred within the facility (C) Date and time of the incident (D) Detention facility personnel (including names and roles) involved in the reporting of the death or incident (3) Any relevant circumstances leading up to death, including behavioral health or medical issues. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 7 of 21 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 GPM Article 11 F – Inmate Deaths jail, lockup, or court holding facility the BSCC may inspect GPM Article 9 C – Deaths of a Minor While and evaluate the jail, lockup, or court holding facility Detained in a THF pursuant to the provisions of this subchapter within 30 calendar days of the death. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN GPM Article 5 – Classification Plan and Segregation Plan (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, GPM Article 5 – Classification Plan and the agency shall consider on a case-by-case basis Segregation Plan whether a placement would ensure the health and safety of the incarcerated person, and whether the placement would present management or security problems. A The policy states, “The officer should person’s own views with respect to their own safety shall promptly notify the Watch Commander of any ☒ ☐ ☐ be given serious consideration. conditions that may warrant immediate 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 GPM Article 5 D – Communicable Diseases The facility administrator, in cooperation with the The policy states, “An inmate with a known responsible physician, shall develop written policies and ☒ ☐ ☐ communicable disease will be housed procedures specifying those symptoms that require separately until the inmate can be transported medical isolation of an incarcerated person until a to the Santa Clara County Jail or Juvenile medical evaluation is completed. Hall.” At the time of intake into the facility, an inquiry shall be GPM Article 5 D – Communicable Diseases made of the person being booked as to whether the GPM Article 11 C – Medical and Mental person has or has had any communicable diseases, such Health Screening as tuberculosis or has observable symptoms of ☒ ☐ ☐ tuberculosis or any other communicable diseases, or The policy states, “All employees are other special medical problem identified by the health responsible for immediately notifying the authority. The response shall be noted on the medical Watch Commander when the need for inmate screening from. medical care arises.” 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 8 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 BEHAVIORAL CRISIS IDENTIFICATION GPM Article 5 B – Mentally Disordered Inmates The facility administrator, in cooperation with the GPM Article 11 C – Medical and Mental responsible physician, shall develop written policies and Health Screening procedures to identify and evaluate all incarcerated people who may be in behavioral crisis. Evaluation of ☒ ☐ ☐ behavioral crisis may include telehealth. The policy states, “Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the Tracy Police 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 GPM Article 5 B – Mentally Disordered readily available, an incarcerated person shall be Inmates considered in behavioral crisis for the purpose of this ☒ ☐ ☐ GPM Article 11 C – Medical and Mental section if they appear to be a danger to themselves or Health Screening others or appear gravely disabled. An evaluation from medical or mental health staff shall be GPM Article 5 B – Mentally Disordered secured within 24 hours of identification or at the next Inmates daily sick call, whichever is earliest. GPM Article 11 C – Medical and Mental Health Screening ☒ ☐ ☐ BSCC staff confirmed no persons are held longer than 24 hours. Any person showing signs of a behavioral crisis is immediately transferred to another facility. Separation may be used if necessary, to protect the GPM Article 5 B – Mentally Disordered safety of the person in crisis or others. Inmates GPM Article 11 C – Medical and Mental Health Screening ☒ ☐ ☐ Anyone showing signs of crisis is transferred to the Santa Clara County Jail or Valley Medical Center. 1053 ADMINISTRATIVE SEPARATION GPM Article 5 – Classification Plan and Segregation Plan 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: GPM Article 5 – Classification Plan and (a) Administrative separation may consist of separate Segregation Plan housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of protecting the welfare of incarcerated people and facility ☒ ☐ ☐ The policy states, “Administrative segregation staff. shall consist of separate and secure cells, but will not involve any more deprivation of Note: Subsections (b) through (e) do not apply and have privileges than necessary to obtain the been deleted. objective of protecting the inmate and staff.” 1055 USE OF SAFETY CELL No safety cells at the Gilroy Police Department Temporary Holding Facility. The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people who ☐ ☐ ☒ display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 9 of 21 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 GPM Article 5 E – Use of Detoxification Cells The sobering cell described in Title 24, Part 2, Section The policy states, “The sobering cell will be ☒ ☐ ☐ 1231.2.4, shall be used for temporary holding of used for the holding of inmates who are a incarcerated people who are a threat to their own safety threat to their own safety or the safety of or the safety of others due to their state of intoxication. others due to their state of intoxication.” A person shall be removed from the sobering cell as soon GPM Article 5 E – Use of Detoxification Cells as they are able to continue the admission process or are no longer a risk to themselves or others. ☒ ☐ ☐ The policy states, “Such inmate will be removed from the cell when they are able to continue in the processing.” In no case shall a person remain in a sobering cell over GPM Article E – Use of Detoxification Cells six hours without an evaluation by medical or custody staff to determine whether the person has an urgent The policy states, “In no case shall an medical problem, pursuant to section 1213 of these individual be held in a sobering cell for more regulations. ☒ ☐ ☐ than six hours without a physical status evaluation by the M.S.O or Watch Commander. The M.S.O or Watch Commander shall ensure that the inmate is sobering up and is not in the same or worse condition when last observed.” 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 0 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At 12 hours from the time of placement, all persons must GPM Article 5 E – Use of Detoxification Cells receive an evaluation by responsible health care staff. The policy states, “In no case shall an individual be held in a sobering cell for more than six hours without a physical status evaluation by the M.S.O or Watch ☒ ☐ ☐ Commander. The M.S.O or Watch Commander shall ensure that the inmate is sobering up and is not in the same or worse condition when last observed.” BSCC staff confirmed that no person is held longer than 6 hours. Intermittent direct visual observation of people held in the GPM Article 5 E – Use of Detoxification Cells sobering cell shall be conducted no less than every half hour. Such observation shall be documented. The policy states, “Direct visual observation of the inmate will be conducted no less than ☒ ☐ ☐ once every half hour. The individual making the observation shall look for the improvement in the condition of the inmates. Such observations will be documented on the jail log.“ 1057 DEVELOPMENTAL DISABILITIES GPM Article 5 F – Mentally Disordered Inmate The facility administrator, in cooperation with the The policy states, “Inmates will be considered responsible physician, shall develop written policies and developmentally disabled if they are disabled ☒ ☐ ☐ procedures for the identification and evaluation, due to mental retardation, cerebral palsy, appropriate classification and housing, protection, and epilepsy, autism, or a combination of nondiscrimination of all incarcerated persons with disabilities.” developmental disabilities. The health authority or designee shall contact the GPM Article 5 F – Mentally Disordered Inmate regional center for any incarcerated person suspected or confirmed to have a developmental disability for the The policy states, “If it is suspected that an purposes of diagnosis or treatment within 24 hours of ☒ ☐ ☐ inmate is developmentally disabled, the such determination, excluding holidays and weekends. inmate should be transported to Santa Clara County Jail or Juvenile Hall as soon as possible.” 1058 USE OF RESTRAINT DEVICES GPM Article 5 G – Use of Restraint Devices and Force The facility administrator, in cooperation with the responsible physician, shall develop and implement The policy states, “Restraints are used only to written policies and procedures for the use of restraint hold inmates who display behavior that devices. Restraint devices include any devices which results in the destruction of property or immobilize extremities or prevent the incarcerated person ☒ ☐ ☐ reveals an intent to cause physical harm to from being ambulatory. The provisions of this section do self or others” not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated Mechanical devices are the only type of people for security reasons. The facility manager may restraint used in this facility. delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: GPM Article 5 G – Use of Restraint Devices ☐ ☐ ☒ (1) acceptable restraint devices; and Force (2) signs or symptoms which should result in GPM Article 5 G – Use of Restraint Devices immediate medical/mental health referral; availability and Force of cardiopulmonary resuscitation equipment; ☒ ☐ ☐ BSCC staff confirmed that there was an AED device available within the jail facility. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 1 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) protective housing of restrained persons; GPM Article 5 G – Use of Restraint Devices ☐ ☐ ☒ and Force (4) provision for hydration and sanitation needs; and, GPM Article 5 G – Use of Restraint Devices ☐ ☐ ☒ and Force (5) exercising of extremities. GPM Article 5 G – Use of Restraint Devices ☐ ☐ ☒ and Force (b) Policy shall also include, but not be limited to, the GPM Article 5 G – Use of Restraint Devices following requirements: and Force ☐ ☐ ☒ (1) In no case shall restraints be used for punishment or as a substitute for treatment. (2) Restraint devices shall only be used on GPM Article 5 G – Use of Restraint Devices incarcerated people who display behavior which and Force ☐ ☐ ☒ 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 GPM Article 5 G – Use of Restraint Devices restrictive alternatives, including verbal de-escalation and Force ☐ ☐ ☒ techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in GPM Article 5 G – Use of Restraint Devices restraints only with the approval of the facility and Force 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 GPM Article 5 G – Use of Restraint Devices ☐ ☐ ☒ maintained until a medical opinion can be obtained. and Force (6) A medical opinion on placement and retention GPM Article 5 G – Use of Restraint Devices shall be secured within one hour from the time of ☐ ☐ ☒ and Force placement. (7) A medical assessment shall be completed within GPM Article 5 G – Use of Restraint Devices ☐ ☐ ☒ four hours of placement. and Force (8) Continuous direct visual observation shall be GPM Article 5 G – Use of Restraint Devices conducted at least twice every 30 minutes to ensure and Force 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 GPM Article 5 G – Use of Restraint Devices with responsible health care staff determines that an and Force 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 GPM Article 5 G – Use of Restraint Devices the restraint device manufacturer’s recommended ☐ ☐ ☒ and Force maximum time limits for placement. (11) All events and information related to the GPM Article 5 G – Use of Restraint Devices placement in restraints shall be documented and and Force 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. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 2 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT PERSONS GPM Article 11 B – Health Care Procedures The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ The policy states, “Pregnant and/or lactating procedures for the use of restraint devices on pregnant females will be transported to Santa Clara people. In accordance with Penal Code Section 3407, the County Jail or Juvenile Hall as soon as policy shall include reference to the following: possible.” (1) An incarcerated person known to be pregnant or GPM Article 11 B – Health Care Procedures in recovery after delivery or termination of the ☐ ☐ ☒ pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during GPM Article 11 B – Health Care Procedures delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. (3) Restraints shall be removed when a professional GPM Article 11 B – Health Care Procedures who is currently responsible for the medical care of an incarcerated pregnant person during a medical ☐ ☐ ☒ emergency, labor, delivery, or recovery after delivery or termination of the pregnancy determines that the removal of restraints is medically necessary. (4) Upon confirmation of an incarcerated person’s GPM Article 11 B – Health Care Procedures pregnancy, they shall be advised, orally or in writing, ☐ ☐ ☒ of the standards and policies governing incarcerated pregnant people. 1067 ACCESS TO TELEPHONE GPM Article 6 B – Access to telephone The facility administrator shall develop written policies The policy states,“Per 851.5 PC, and procedures which allow access to a telephone or “Immediately upon completion of booking, communication device beyond those telephone calls and except where physically impossible, no which are required by Section 851.5 of the Penal Code. later than three hours after arrest, an arrested Individuals who are known to have, or are perceived by person has the right to make at least three others as having hearing or speech impairments shall be ☒ ☐ ☐ complete telephone calls to an attorney of provided access to the appropriate telecommunication his/her choice, a public defender, a bail bonds device which will facilitate communication. Such devices person, or a relative or other person.” may include but are not limited to videophones, teletypewriters, or third-party communications BSCC staff confirmed phones are available assistance. An individual’s access to telephone for use and compliant with this 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 GPM Article 6 C – Visiting and Access to Counsel The facility administrator shall develop written policies and procedures to ensure incarcerated persons have The policy states, “Since the THF is for ☒ ☐ ☐ access to the court and to legal counsel. temporary detention there is one room for Such access shall consist of: visiting. If an inmate requests to see an attorney they will be allowed to do so in the inmate visitation room.” (b) confidential consultation with attorneys. GPM Article 6 C – Visiting and Access to Counsel ☒ ☐ ☐ Confidential and secure interview rooms are available. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 3 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY ACTIONS GPM Article 7 A – Plan for Inmate Discipline Wherever discipline is administered, each facility The policy states, “Formal inmate discipline administrator shall establish written rules and disciplinary will not be administered in this THF. If an ☒ ☐ ☐ actions to guide the conduct of incarcerated persons. inmate violates a law while in custody, the additional charge will be added to the original Notes: If discipline IS NOT administered, written policy crime report.” should indicate as such. If discipline IS administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Such rules and disciplinary actions shall be stated simply 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. 1081 PLAN FOR DISCIPLINE OF INCARCERATED GPM Article 7 A – Plan for Inmate Discipline PERSONS The policy states, “Formal inmate discipline Each facility administrator shall develop written policies will not be administered in this THF. If an and procedures for discipline of incarcerated persons. inmate violates a law while in custody, the The plan shall include, but not be limited to, the following additional charge will be added to the original elements: ☒ ☐ ☐ crime report.” (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules or 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. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 4 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 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 GPM Article 7 A – Plan for Inmate Discipline The degree of actions taken by the disciplinary officer The policy states, “Formal inmate discipline shall be directly related to the severity of the rule will not be administered in this THF. If an infraction and promotion of desired behavior through a inmate violates a law while in custody, the progressive disciplinary process. Acceptable forms of additional charge will be added to the original discipline shall consist of, but not be limited to, the crime report.” following: (a) Loss of privileges. ☒ ☐ ☐ (b) Extra work detail. (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS GPM Article 7 A – Plan for Inmate Discipline The Penal Code and the State Constitution expressly The policy states, “Formal inmate discipline prohibit all cruel and unusual punishment. Disciplinary will not be administered in this THF. If an actions shall not include corporal punishment, group inmate violates a law while in custody, the punishment when feasible, or physical or psychological additional charge will be added to the original degradation. ☒ ☐ ☐ crime report.” Additionally, there shall be the following limitations: (a) Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 5 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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. (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 GPM Article 7 A – Plan for Inmate Discipline Penal Code Section 4019.5 requires that a record is kept The policy states, “Formal inmate discipline of all disciplinary actions administered therefore. This ☒ ☐ ☐ will not be administered in this THF. If an requirement may be satisfied by retaining copies of rule inmate violates a law while in custody, the violation reports and report of the disposition of each. additional charge will be added to the original crime report.” 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 6 of 21 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1270 STANDARD BEDDING AND LINEN ISSUE GPM Article 14 – Bedding and Linens The standard issue of clean suitable bedding and linens, for each incarcerated person entering a living area who ☒ ☐ ☐ is expected to remain overnight, shall include, but not be limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; GPM Article 14 – Bedding and Linens ☐ ☐ ☒ The policy states, “One serviceable mattress that is fire retardant, with cover.” (d) one blanket or more depending up on climatic GPM Article 14 – Bedding and Linens conditions. ☐ ☐ ☒ The policy states, “one or more blankets, depending on the climatic conditions.” Policy and procedure shall require that items (a), (b), and GPM Article 14 – Bedding and Linens ☐ ☐ ☒ (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one GPM Article 14 – Bedding and Linens mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. Temporary Holding facilities which hold persons longer GPM Article 14 – Bedding and Linens 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 GPM Article 15 – Facility Sanitation, MAINTENANCE Maintenance and Safety The facility administrator shall develop written policies The policy states, “The responsibility for the and procedures for the maintenance of an acceptable ☒ ☐ ☐ cleanliness and sanitation of the Temporary level of cleanliness, repair, and safety throughout the Holding Facility is that of the City’s Contract facility. Such a plan shall provide for a regular schedule Cleaning Service.” of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 7 of 21 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? GPM Article 9 – Minimum Standards for Minors in Temporary Custody 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 GPM Article 9 – Minimum Standards for IN AN ADULT DETENTION FACILITY Minors in Temporary Custody 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 GPM Article 9 – Minimum Standards for Minors in Temporary Custody 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; GPM Article 9 – Minimum Standards for ☒ ☐ Minors in Temporary Custody ☐ GPM Article 5 G – Use of Restraints (c) emergency medical assistance and services; and ☒ ☐ GPM Article 9 – Minimum Standards for ☐ Minors in Temporary Custody (d) prohibiting use of discipline. GPM Article 9 – Minimum Standards for ☒ ☐ Minors in Temporary Custody ☐ GPM Article 7 A – Plan for Inmate Discipline 1143 CARE OF MINORS IN TEMPORARY GPM Article 9 C – Care of minors in CUSTODY 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 GPM Article 9 C – Care of minors in the minor has not eaten within the past four (4) ☒ ☐ Temporary Custody hours or is otherwise in need of appropriate ☐ nourishment; (3) access to drinking water; ☒ ☐ GPM Article 9 C – Care of minors in ☐ Temporary Custody (4) access to language services; ☒ ☐ GPM Article 9 C – Care of minors in ☐ Temporary Custody (5) access to disabilities services; ☒ ☐ GPM Article 9 C – Care of minors in ☐ Temporary Custody (6) sanitary napkins, panty liners, and tampons as ☒ ☐ GPM Article 9 C – Care of minors in requested; ☐ Temporary Custody 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 8 of 21 A351 TH PRO eff. 07.01.24 (7) privacy during consultation with family, guardian, ☒ ☐ GPM Article 9 C – Care of minors in and/or lawyer; ☐ Temporary Custody (8) blankets and clothing, as necessary, to assure ☒ ☐ the comfort of the minor; and ☐ (9) personal clothing unless the clothing is GPM Article 9 C – Care of minors in inadequate, presents a health or safety problem, or ☒ ☐ Temporary Custody ☐ is required to be utilized as evidence of an offense. (b) Upon entry, the minor shall be informed in writing of GPM Article 9 C – Care of minors in what is available under this section, and it shall be ☒ ☐ Temporary Custody posted in at least one conspicuous place to which ☐ minors have access. 1144 CONTACT BETWEEN MINORS AND GPM Article 9 D – Contact Between Minors INCARCERATED ADULTS and Adult Prisoners ☒ ☐ The facility administrator shall establish policies and ☐ Minors are held in a separate area outside procedures to restrict contact, as defined in Section of sight and sound of adult custody. 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may GPM Article 9 D – Contact Between Minors occur, such as booking or facility movement, facility staff and Adult Prisoners (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 GPM Article 9 E – 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 GPM Article 9 E – Secure Custody 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 ☒ ☐ GPM Article 9 E – Secure Custody taken into custody; ☐ (c) minor's behavior, including the degree to which the ☒ ☐ GPM Article 9 E – Secure Custody minor appears to be cooperative or non-cooperative; ☐ (d) the availability of staff to provide adequate ☒ ☐ GPM Article 9 E – Secure Custody supervision or protection of the minor; and ☐ (e) the age, type, and number of other individuals who ☒ ☐ GPM Article 9 E – Secure Custody are detained in the facility. ☐ 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 1 9 of 21 A351 TH PRO eff. 07.01.24 1146 CONDITIONS OF SECURE CUSTODY GPM Article 9 F – 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. 1147 SUPERVISION OF MINORS IN SECURE GPM Article 9 G – Supervision of Minors in CUSTODY INSIDE A LOCKED ENCLOSURE Secure Custody Inside a Locked Room or Encloser (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 GPM Article 9 G – Supervision of Minors in minor by staff of the law enforcement facility, at least Secure Custody Inside a Locked Room or once every 30 minutes, which shall be documented. Encloser The policy states, “Safety checks of the minor ☒ ☐ by staff, at least once every thirty minutes, ☐ which shall be documented on the secure Custody Juvenile Log, located by the Watch Commander’s Office.” No Juvenile Logs were provided this inspection cycle. (b) Minors of different genders shall not be placed in the GPM Article 9 G – Supervision of Minors in same locked room unless under constant direct visual ☒ ☐ ☐ Secure Custody Inside a Locked Room or observation by staff of the law enforcement facility. Encloser 1148 SUPERVISION OF MINORS IN SECURE GPM Article 9 H – Supervision of Minors in CUSTODY OUTSIDE OF A LOCKED Secure Custody Outside a Locked Room or ENCLOSURE Encloser ☒ ☐ 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 GPM Article 9 H – Supervision of Minors in direct visual observation to assure the minor's safety ☒ ☐ Secure Custody Outside a Locked Room or ☐ while secured to a stationary object. Encloser Securing minors to a stationary object for longer than 60 GPM Article 9 H – Supervision of Minors in minutes, and every 30 minutes thereafter, shall be Secure Custody Outside a Locked Room or approved by a supervisor. Encloser ☒ ☐ The policy states, “Securing a minor to a ☐ stationary object for longer than 60 minutes and checked every 30 minutes thereafter, shall be approved by the Watch Commander.” The decision for securing a minor to a stationary object GPM Article 9 H – Supervision of Minors in for longer than 60 minutes, and every 30 minutes ☒ ☐ Secure Custody Outside a Locked Room or thereafter shall be based upon the best interests of the ☐ Encloser minor and shall be documented. 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 2 0 of 21 A351 TH PRO eff. 07.01.24 1149 CRITERIA FOR NON-SECURE CUSTODY GPM Article 9 I – 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- GPM Article 9 J – Supervision of Minors in SECURE CUSTODY 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. 1151 MINORS UNDER THE INFLUENCE OF ANY GPM Article 9 K – Minors Under the INTOXICATING SUBSTANCE IN SECURE Influence of Any Intoxicating Substance in OR NON-SECURE CUSTODY 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 GPM Article 9 K – Minors Under the room shall include safety checks at least once every 15 Influence of Any Intoxicating Substance in minutes until resolution of the intoxicated state or ☒ ☐ ☐ Secure or Non-Secure Custody release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a GPM Article 9 K – Minors Under the locked room shall be supervised in accordance with ☒ ☐ ☐ Influence of Any Intoxicating Substance in Section 1148. Secure or Non-Secure Custody Supervision of minors in nonsecure custody shall be GPM Article 9 K – Minors Under the supervised in accordance with Section 1150. ☒ ☐ ☐ Influence of Any Intoxicating Substance in Secure or Non-Secure Custody 5255 Santa Clara Gilroy Police Department THJ PRO 23-24 Page 2 1 of 21 A351 TH PRO eff. 07.01.24 ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION The Board of State of Community Corrections BSCC Code: 5255 FACILITY: Gilroy 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 Intake Holding 2001 (8) (8) 87 sq. ft. 1 1 1 Bench 146”. Cell 1 Sobering 2001 1 (4) (4) 15’6” x 5’6” 1 1 1 Cell 2 2001 1 (12) (12) 270 sq. ft. 1 1 1 1 2 beds/bench 80” each (mattresses removed), table and 4 chairs. When used as a TH available seating limits occupancy. Cell 3 ADA 2001 1 (5) (5) 85 sq. ft. 1 1 1 1 bed/bench 80” (mattress removed), desk and chair. When used as a TH available seating limits occupancy. Cell 4 2001 1 (5) (5) 60 sq. ft. 1 1 1 1 bed/bench 80” (mattress removed), desk and chair. When used as a TH available seating limits occupancy. Cell 5 2001 1 (5) (5) 6’9” x 9’ 1 1 1 1 bed/bench 80” (mattress removed), desk and chair. When used as a TH available seating limits occupancy. Cell 6 Sobering 2001 1 (3) (3) 6’9” x 9’ 1 1 1 Cell 7 2001 1 (9) (9) 140 sq. ft. 1 1 1 2 bed/bench 80” each (Mattresses removed), desk and chair. As a TH seating limits occupancy. Cell 8 2001 1 (12) (12) 270 sq. ft. 1 1 1 1 2 beds/bench 80” each (mattresses removed), table and 4 chairs. As a TH seating limits occupancy. Cell 9 Juvenile 2001 1 (10) (10) 9’ x 12’6” Bench 15’ 6‘ (seating limits occupancy rate). Cell 10 Juvenile 2001 1 (2) (2) 8’ x 8’ 1 1 1 Bench 4’ (seating limits occupancy rate). There are two non-secure holding rooms for juveniles upstairs near the Watch Commander’s office (rooms 1083 and 1089). * Built to Type I standards but will be used as a TH until such time the department switches the use to that of a Type I facility. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit. If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 5255 Santa Clara Gilroy PD THJ LASE 23-24 - 1 - A360 LAS Adult-05.dot (8/05) ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005 BSCC Code: 5255 FACILITY NAME: Gilroy Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That 6/94: 2/99: 2001: X 2005: OTHER: Apply): FIELD REPRESENTATIVE: Matthew Schuler DATE: 12/16/2024 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) There are weapon lockers at every entrance. Contains a weapons locker, designed as outlined in X these regulations. Contains a cell or room for confinement pending X booking Contains a detoxification cell (WA in TH; NA in CH) Two sobering cells are available. 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available 2-99: Access to shower must be within the secure X area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running water X Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear X ceiling height of 8 feet or more Contains sufficient seating to accommodate all X inmates Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or Bunks are used for benches. Mattresses are more X available if an inmate is held over 12 hours. Temporary Staging Cell or Room (2.3) Holds inmates classified and segregated per Title 15 § X 1050 and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X Contains 10 square feet of floor area per inmates and X has a clear ceiling height of 8 feet or more. 5255 Santa Clara Gilroy PD THJ PHY 23-24 - 1 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Is at least 160 square feet X Contains sufficient seating to accommodate all X inmates Contains water closets (toilets), wash basins and X drinking fountains as specified by these regulations Provides for clear visual supervision by staff X Detoxification/Sobering Cell (2.4) 01: Name change to “sobering cell” X Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear X ceiling height of 8 feet or more Contains a water closet (toilet) wash basin and X drinking fountain as specified by these regulations Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure portion of Available in the intake area as well as in the the facility. X cell area. Safety Cell (2.5) Contains 48 square feet with one floor dimension of a X least 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the X floor, with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which X provide a view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from X the bottom of the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible to inmate occupant. X Safety Equipment Storage (2.19) Adequate space is provided to store equipment such X as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Lockable, containing a mop sink and storage space X 01: Mop sink may be separate from janitors’ closet 5255 Santa Clara Gilroy PD THJ PHY 23-24 - 2 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Audio or Visual Monitoring (2.22) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is use, it is located primarily in X corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and X maintaining fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) Available and provides for confidentiality X Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in X holding and staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See X regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Available in each temporary holding, staging X and sobering cell. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the X water outlet (bubbler). 2-99: Mouth guard requirement deleted 5255 Santa Clara Gilroy PD THJ PHY 23-24 - 3 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Showers (3.4) (NA in CH) Available in the security area; provide hot and cold or tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. X Beds/Bunks (3.5) (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. X 5255 Santa Clara Gilroy PD THJ PHY 23-24 - 4 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) Windows that are accessible to inmates are no greater X than 5 inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification- sobering cells. In safety cells, floors, doors, walls and everything on them are padded. All padded cells are X equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; firmly bonded to all surfaces; X and, without exposed seams. Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per inmate. X 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) A secure weapons locker is located outside the security perimeter of the facility and no weapons are X brought into the security area. Lockers have individual compartments, locks and keys. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note areas of non-compliance that are X applicable to the facility type and construction date in the "comments" section.) 5255 Santa Clara Gilroy PD THJ PHY 23-24 - 5 - A382 PHY CH-TH 94 99 01 05.dot (8/05)