Sierra County Jail (2023-2024 inspection cycle)

July 15, 2023 Michael Fisher, Sheriff Sierra County Sheriff’s Office 100 Courthouse Square, 1st Floor Downieville, CA 95936 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, SIERRA COUNTY SHERIFF’S TEMPORARYHOLDINGADULTDETENTION FACILITY Dear Sheriff Fisher: The 2023-2024 Comprehensive Inspection of the Sierra County Sheriff's Office Temporary Holding has been completed. A pre-inspection briefing was held on Tuesday, May 2, 2023, and the following facility was inspected on Tuesday, June 27, 2023: FACILITY NAME BSCC # FACILITY TYPE Sierra County Jail 5440 TH 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, Board of State and Community Corrections (BSCC) staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). In addition to the inspection(s) by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). The results of those inspections are considered a part of this report. INSPECTION RESULTS We identified no items of noncompliance with Title 15 Minimum Standards. Refer to the attached Title 15 Procedures Checklist for detailed information. No items of noncompliance were identified with Title 24 Minimum Standards. Refer to the Physical Plant Evaluation (PHY) and Living Area Space Evaluation (LASE) attachments for information related to Rated Capacity. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring We found no violations of the JJDPA; a copy of the monitoring report is attached for your information. Michael Fisher Sheriff Page 2 An Exit Briefing with your staff was held on Tuesday, June 27, 2023; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. * * * Please email me at dale.miller@bscc.ca.gov or call (916) 956-3679 if you have any questions. Sincerely, DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Sierra County Superior Court* Chair, Grand Jury, Sierra County* Chair, Board of Supervisors, Sierra County* County Administrator, Sierra County* Autumn Long-McGie, Executive Assistant, Sierra County Sheriff’s Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 5440 Sierra County Jail TH LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5440 FACILITY NAME: Sierra County Sheriff’s Office –Temporary Holding Facility FACILITY TYPE:TH PERSON(S)INTERVIEWED:Sheriff Michael Fisher and Executive Assistant Autumn Long-McGie FIELDREPRESENTATIVE:Dale Miller DATE:June 27, 2023 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Sierra County Sheriff’s Office Law HOLDING FACILITY TRAINING Enforcement Policies (LEP) At a minimum, all supervisors of and personnel who LEP 900.12 Training supervise incarcerated persons in, a Court Holding or Temporary Holding facility shall complete eight hours of Such training shall include but not be limited specialized corrections training. to the following (15 CCR 1024): Such training shall include, but not be limited to: (a) Applicable minimum jail standards (a) applicable minimum jail standards; (b) Jail operations liability (b) jail operations liability; (c) separation of incarcerated persons; (c) Separation of incarcerated persons (d) emergency procedures and planning, fire and life (d) Emergency procedures and planning, fire safety; and; safety, and life safety (e) suicide prevention; (e) Suicide prevention (f) de-escalation; (f) De-escalation (g) juvenile procedures; (g) Juvenile procedures (h) racial bias; and, (h) Racial bias (i) mental illness. (i) Mental illness 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, LEP 900.12 Training but in any event not more than six months after the date of assigned responsibility. Successful completion of Core Members responsible for supervising adults training or supplemental Core training, pursuant to in temporary custody shall complete the Section 1020, Corrections Officer Core Course, may be Corrections Officer Core Course or eight substituted for the initial eight hours of training. hours of specialized training within six months of assignment. A total of eight hours of refresher training shall be LEP 900.12 Training completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional Eight hours of refresher training shall be Training may be substituted for the eight-hour refresher. completed once every two years. BSCC staff reviewed training records and 1This 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. 5440 Sierra County Jail TH PRO 23-24 Page 1 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS found all personnel are scheduled to complete training with new topics in July and August 2023. 1027 NUMBEROFPERSONNEL LEP 900.3.3 Staffing Plan A sufficient number of personnel shall be employed in The plan should ensure that at least one each local detention facility to ensure the implementation member meets the training standards and operation of the programs and activities required by established by the Board of State and these regulations. Community Corrections (BSCC). Whenever there is a person in custody, there shall be at LEP 900.3.2 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 detention facility who shall be immediately available and Member capable of supervising shall be accessible to incarcerated people in the event of an present when an individual is held in emergency. temporary custody. Such an employee shall not have any other duties LEP 900.3.2 Supervision in Temporary which would conflict with the supervision and care of Custody incarcerated people in the event of an emergency. The member responsible for supervising inmates does not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more females are in custody, there LEP 900.3.2 Supervision in Temporary shall be at least one female employee who shall be Custody immediately available and accessible to such females. Note: Reference PC§ 4021. At least one female member should be present when a female adult is in temporary custody. If none is readily available, the female in custody should be transported to another facility or released pursuant to another lawful process. To determine ifthereisasufficient number ofpersonnel LEP 900.3.3 Staffing Plan for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel The Sheriff or the authorized designee shall assigned in the facility and their duties. Such a staffing ensure a staffing plan is prepared and plan shall be reviewed by the Board staff at the time of maintained, indicating assigned personnel their biennial inspection. The results of such a review and and their duties. recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. The staffing plan shall be available for biennial review by BSCC staff. BSCC staff reviewed staffing and found that this temporary holding facility has adequate stafffor the operation. 1027.5 SAFETYCHECKS LEP 900 Temporary Custody of Adults LEP 900.1.1 Definitions The facility administrator shall develop and implement policy and procedures for conducting safety checks that include, but are not limited to, the following: (a) Safety checks will determine the safety and well- Direct, visual observation by a member of being of individuals and shall be conducted at least this agency performed at random intervals, hourly through direct visual observation of all people held within time frames prescribed in this policy, and housed in the facility. to provide for the health and welfare of adults in temporary custody. 5440 Sierra County Jail TH PRO 23-24 Page 2 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS (b) There shall be no more than a 60-minute lapse LEP 900.8 Holding Cells between safety checks. (e) Safety checks by agency members shall occur no less than every 15 minutes. (c) Safety checks for people in sobering cells, safety This is a temporary holding facility and does cells, and restraints shall occur more frequently as not have a safety cell or hold anyone in the outlined in section 1055, section 1056, and section 1058 facility in restraints. of these regulations. (d) Safety checks shall occur at random or varied LEP 900.8 (e) 1. Safety checks should be at intervals. varying times. (e) There shall be a written plan that includes the LEP 900.8 (e) 2. All safety checks shall be documentation of all safety checks. logged. Documentation shall include: LEP 900.5.1 Temporary Custody Logs (1) the actual time at which each individual safety (d) Time of all safety checks. check occurred; (2) the location where each individual safety check BSCC staff reviewed the last 12 months of occurred, such as a cell, module, or dormitory safety checks and found that the checks number; and meet the requirements of this section. (3) Initials or employee identification number of staff who completed the safety check(s). (f) A documented process by which safety checks are The Shift Supervisor should initial the log to reviewed at regular defined intervals by a supervisor or approve the temporary custody and should facility manager, including methods of mitigating patterns also initial the log when the individual is of inconsistent documentation, or untimely completion of, released from custody or transferred to safety checks. another facility. 1028 FIRE AND LIFE SAFETY STAFF LEP 900.3.3 Staffing Plan Whenever there is a person in custody, there shall be at At least one member who meets the training least one person on duty at all times who meets the standards established by the BSCC for training standards established by the Board for general general fire-and-life safety and is trained in fire and life safety. (Penal Code section 6030) fire-and-life safety procedures relating specifically to the facility always on-duty. The facility manager shall ensure that there is at least All personnel that work in the facility have one person on duty who trained in fire and life safety been trained for this specific facility. procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURESMANUAL2 Sierra County Sheriff’s Office Law EnforcementPolicies (LEP) Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The Chapter 9, Custody, is applicable to the policy and procedures manual shall address all temporary holding facility. This manual applicable Title 15 and Title 24 regulations and shall be was last reviewed and updated on April 11, comprehensively reviewed and updated at least every 2023. two years. Such a manual shall be made available to all employees. In addition to the LEP, the agency also has maintained a list of custody policies, the The policies and procedures required in subsections Sierra County Sheriff’s Office Custody (a)(6) and (a)(7) may be placed in a separate manual to Standard Operating Procedures (SOP). ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III LEP 200 Organizational Structure and facilities shall provide for, but not be limited to, the Responsibility following: (1) Table of organization, including channels of communications. 2Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5440 Sierra County Jail TH PRO 23-24 Page 3 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS (2) Inspections and operations reviews by the facility LEP 900.8 Holding Cells administrator/manager. (3) Policy on the use of force that meets current state LEP 300 Use of Force and federal legal requirements and includes LEP 300.3.4 Restrictions on the Use of prohibition of the use of carotid restraint and choke Carotid Control Hold holds. (4) Policy on the use of restraint equipment, including LEP 303.3 Use of Restraints the restraint of pregnant persons as referenced in LEP 303.3.2 Restraint of Pregnant Persons Penal Code Section 3407. (5) Procedure and criteria for screening newly LEP 408 Cite and Release Policy received persons for release. LEP 408.3.2 Release After Booking (6) Security and control including: physical counts, SOP502 Inmate Counts searches of the facility and incarcerated persons, LEP 901 Custodial Searches contraband control, and LEP 900.8 Holding Cells LEP 901 Custodial Searches key control. SOP 222 Key Control Each facility administrator shall, at least annually, LEP 900.11 Assigned Administrator review, evaluate, and make a record of security measures. The review and evaluation shall include Annual review and evaluation of security internal and external security measures of the facility measures including internal and external including security measures specific to prevention of security measures, sanitation, safety, and sexual abuse and sexual harassment. maintenance. The Sheriff regularly works in and inspects the holding facility. The annual security review was conducted May 2023. (7) Emergency procedures include: LEP 900.11 Assigned Administrator (A) fire suppression preplans as required by SOP 406 Fire Safety section 1032 of these regulations; SOP 406.3 Fire Suppression Pre-Planning SOP 400 Facility Emergencies (B)escape, disturbances, andthe taking of LEP 900.11 Assigned Administrator hostages; SOP 400.6 Response to Disturbances SOP 400.8 Hostages SOP 400.9 Escapes (C)massarrests; SOP 400.10 Civil Disturbances Outside the Jail (D)naturaldisasters; LEP 900.11 Assigned Administrator SOP 410.3 Evacuation Plan (E)periodictestingofemergencyequipment; and LEP 900.11 Assigned Administrator SOP 408.2.3 Inspection and Testing (F)storage, issue,anduseofweapons, LEP 900.5.7 Firearms and Other Security ammunition, chemical agents, and related security Measures devices. (8)SuicidePrevention. SOP 748 Suicide Prevention and Intervention (9)Separation of incarcerated persons. LEP 900.4.1 Screening and Placement (10) Zero toleranceinthepreventionofsexual abuse LEP 902 Prison Rape Elimination and sexual harassment. (11) Policy and procedure to detect, prevent, and LEP 902.4 Reporting Sexual Abuse, respond to retaliation against any staff or person after Harassment, and Retaliation reporting any abuse. 5440 Sierra County Jail TH PRO 23-24 Page 4 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS (12) Release policy, including release planning for SOP 774 Release Planning incarcerated persons. (e) The manual for Temporary Holding, Court Holding, LEP 902.4 Reporting Sexual Abuse, Type I, II, III, and IV facilities shall provide for, but not be Harassment, and Retaliation limited to, the following: (1) multiple internal ways for incarcerated people to BSCC staff verified that signs were posted privately report sexual abuse and sexual harassment, in the holding area to advise those in retaliation by other incarcerated persons or staff for custody on how the report sexual assault reporting sexual abuse and sexual harassment, and and/or sexual abuse. staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, LEP 902.4 Reporting Sexual Abuse, family, community members, and other interested Harassment, and Retaliation third parties to report sexual abuse or sexual harassment. The method for reporting shall be BSCC staff verified that signs were posted publicly posted at the facility. in the public area to advise those with family or friends in custody on how the report sexual assault and/or sexual abuse. 1030 SUICIDE PREVENTION PROGRAM SOP 748 Suicide Prevention and Intervention The facility shall have a comprehensive written suicide LEP 900.3.1 Individuals Who Should Not Be prevention program developed by the facility In Temporary Custody administrator, in conjunction with the health authority and mental health director, to identify, monitor, and provide In practice, anyone who shows signs of treatment to those inmates who present a suicide risk. being suicidal is transported to contracted The program shall include the following: neighboring counties. (a) Suicide prevention training for all staff that have LEP 900.12 Training direct contact with inmates. (b) Intake screening for suicide risk immediately LEP 900.4.1 Screening and Placement upon intake and prior to housing assignment. (c) Provisions facilitating communication among Staff members shall promptly refer any arresting /transporting officers, facility staff, medical and inmate who is at risk for suicide to mental health personnel in relation to suicide risk. classification, health services, and mental health services. (d)Housingrecommendationsforinmatesatriskof LEP 900.3.1 Individuals Who Should Not Be suicide. In Temporary Custody (e)Supervision dependingonlevel of suicide risk. LEP 900.4 Initiating Temporary Custody (f) Suicide attempt and suicide intervention policies LEP 900.9 Suicide Attempt, Death, or and procedures. Serious Injury (g)Provisionsforreporting suicidesandsuicides LEP 900.9 (i) attempts. (h) Multi-disciplinary administrative review of suicides LEP 900.9 (h) and attempted suicides as defined by the facility administrator. 1032 FIRESUPPRESSIONPREPLANNING LEP 900.11 Assigned Administrator SOP 406.3 Fire Suppression Pre-Planning 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: 5440 Sierra County Jail TH PRO 23-24 Page 5 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS (a) a fire suppression pre-plan developed with the local (a) A fire suppression pre-plan developed fire department to be included as part of the policy and with the local fire department, to be included procedures manual (Title 15, California Code of as part of this policy. Regulations Section 1029); (b) monthly fire prevention inspections by facility staff (b) Fire prevention, safety inspection plans, with two-year retention of the inspection record; and record retention schedules developed by designated staff or as required by applicable law. BSCC staff reviewed two years of monthly fire and life safety inspections conducted by facility staff. (c) fire prevention inspections as required by Healthand (c) Fire prevention inspections as required Safety Code Section 13146.1(a) and (b) which requires by Health and Safety Code § 13146.1 (a) inspections at least once every two years; and (b), which requires inspections at least once every two years. Downieville Fire Department inspected the facility on June 26, 2023. (d)anevacuation plan;and BSCC staff verified posted evacuation plan. (e)aplan for the emergencyhousing of incarcerated In practice, persons are all moved to people in the case of fire. neighboring contracted counties. 1044 INCIDENT REPORTS LEP 322 Report Preparation LEP 322.2.1 Criminal Activity Each facility administrator shall develop written policies LEP 322.2.2 Non-Criminal Activity and procedures for the maintenance of written records and reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or incarcerated person of a detention facility or other person. Such records shall include the names of the persons LEP 322.1.1 Report Preparation 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 LEP 322.3 General Policy of Expeditious assigned to investigate the incident and submitted to the Reporting facility manager or designee. BSCC staff requested to review any incident reports for persons in custody in this facility during the last year. There were no reported incidents. 1046 DEATHIN CUSTODY LEP 900.9 Suicide Attempt, Death, or Serious Injury (a) Death in Custody Reviews for Adults and Minors. SOP 532.5 In-Custody Death Review The facility administrator, in cooperation with the health administrator, shall develop written policy and The Sheriff is responsible for establishing a procedures to ensure that there is an initial review of team of qualified staff to conduct an every in-custody death within 30 days. The review team administrative review of every in-custody at a minimum shall include the facility administrator or death. At a minimum, the review team designee, the health administrator, the responsible should include the following (15 CCR physician and other health care and supervision staff 1046(a)): who are relevant to the incident. (a) Sheriff and/or the Jail Commander (b) County Counsel (c) District Attorney (d) Investigative staff (e) Responsible Physician, qualified health care professionals, supervisors, or other staff who are relevant to the incident. 5440 Sierra County Jail TH PRO 23-24 Page 6 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS The in-custody death review should be conducted no later than 72 hours after the incident. Deaths shall be reviewed to determine the SOP 532.4 Procedures appropriateness of clinical care; whether changes to policies, procedures, or practices are warranted; and to BSCC staff requested to view the review of identify issues that require further study. any deaths in the facility since the last inspection. There were none to report. (b)Deathof aMinor LEP 312.12 Suicide Attempt, Death, or In any case in which a minor dies while detained in a Serious Injury of a Juvenile jail, lockup, or court holding facility: (1) Theadministratorofthe facility shallprovidetothe LEP 312.12 (g) In the case of a death, Board a copy of the report submitted to the Attorney providing a report to the Attorney General General under Government Code Section 12525. A under Government Code § 12525 within 10 copy of the report shall be submitted within 10 calendar days of the death, calendar days after the death. (2) Upon receipt of areport ofdeath of aminor from LEP 312.12 (g) The same report to the the administrator, the Board may within 30 calendar Board of State and Community Corrections days inspect and evaluate the jail, lockup, or court within the same timeframe. holding facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050CLASSIFICATIONPLAN LEP 900.4.1 Screening and Placement (a) Each administrator of a temporary holding, Type I, II, In practice, persons are only held in this or III facility shall develop and implement a written facility for the time it takes to process them, classification plan designed to properly assign or until they are seen in the attached court incarcerated persons to housing units and activities facility. according to the categories of gender identity, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non- assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the incarcerated people and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the availablenumberof 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. (Subsection b doesnotapply and hasbeen deleted.) (c) In deciding housing and programming assignments, LEP 900.4.1 Screening and Placement the agency shall consider on a case-by-case basis whether a placement would ensure the health and safety BSCC staff reviewed the classification of the incarcerated person, and whether the placement questions asked and found that they meet would present management or security problems. A the requirements of this section. The person’s own views with respect to their own safety shall agency uses the classification questions be given serious consideration. provided by neighboring contracted counties. 5440 Sierra County Jail TH PRO 23-24 Page 7 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS 1051 COMMUNICABLE DISEASES LEP 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the LEP 1008 Communicable Diseases responsible physician, shall develop written policies and procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be LEP 900.4 Initiating Temporary Custody made of the person being booked as to whether the person has or has had any communicable diseases, The deputy responsible for an individual in such as tuberculosis or has observable symptoms of temporary custody should evaluate the tuberculosis or any other communicable diseases, or person for any apparent chronic illness, other special medical problem identified by the health disability, vermin infestation, possible authority. The response shall be noted on the medical communicable disease, or any other screening from. potential risk to the health or safety of the individual or others. LEP 900.4.1 Screening and Placement 1052 BEHAVIORAL CRISIS IDENTIFICATION LEP 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and (d) Individuals who are a suspected suicide procedures to identify and evaluate all incarcerated risk people who may be in behavioral crisis. Evaluation of behavioral crisis may include telehealth. (e) Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents Policy. (k) Any individual who appears to be a danger to themselves or others due to a behavioral crisis, or who appears gravely disabled. If an evaluation from medical or mental health staff is not Individuals who exhibit certain behaviors or readily available, an incarcerated person shall be conditions should not be in temporary considered in behavioral crisis for the purpose of this custody at the Sierra County Sheriff's Office section if they appear to be a danger to themselves or but should be transported to a jail facility, a others or appear gravely disabled. medical facility, or another type of facility as appropriate. An evaluation from medical or mental health staff shall This is a temporary holding facility. No one be secured within 24 hours of identification or at the next is held in this facility for 24 hours. daily sick call, whichever is earliest. LEP 900.3 General Criteria and Supervision No adult should be in temporary custody for longer than six hours. Separation may be used,if necessary, to protect the LEP 900.4.1 Screening and Placement safety of the person in crisis or others. 1053 ADMINISTRATIVE SEPARATION SOP 510 Special Management Inmates Administrative Segregation Except for Type IV facilities, facility administrators shall develop and implement policies and procedures for the The physical separation of an inmate who is administrative separation of incarcerated people. prone to escape or assault staff or other inmates, or one who is mentally deficient, or Policies and procedures must include: in need of medical isolation or infirmary status. 5440 Sierra County Jail TH PRO 23-24 Page 8 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS (a) Administrative separation may consist of separate In practice, all persons are kept in separate housing but shall not involve any other deprivation of cells for the short time they are in temporary privileges than is necessary to obtain the objective of or court holding. protecting the welfare of incarcerated people and facility staff. (b) Administrative separation must not adversely affect SOP510.8.1 Health Considerations an incarcerated person’s health. (c) Administrative separation may be used for SOP510.3 Special Management Inmates incarcerated people who have: Housing Criteria - Inmates who pose such a (1) A documented history of activity or behavior, or risk must be promptly and appropriately promoting such activity or behavior, that is criminal segregated from the general inmate in nature, disruptive to facility operations, or affects population until such time that they no the safety of the facility, other incarcerated people, longer pose a risk. Staff must have the and facility staff. ability to promptly segregate these inmates (2) Influenced or participated in activity that is pending further review. criminal in nature, disruptive to facility operations or affects the safety of the facility, other incarcerated people, and facility staff. (3) Committed assault, attempted assault, or participated in a conspiracy to assault or harm other incarcerated persons or facility staff. (4) A history of escape or have recently attempted escape. (5) A demonstrated need for protection from other incarcerated people. (d) Documentation indicating the necessity of In practice, persons in custody are all administrative separation to obtain the objective of separated for the short time held in this protecting the welfare of incarcerated people and facility facility. staff. (e) A documented individualized ongoing review and In practice, this is a temporary holding evaluation of the need to continue placement in facility, and no one is held in custody for administrative separation. over six hours. 1055 USE OF SAFETYCELL There is not a safety cell as described in Title 24, Part 2, Section 1231.2.5. 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 selfor others. 1056 USEOF SOBERINGCELL LEP 900.8.1 Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section Inmates who are to be held in the 1231.2.4, shall be used for temporary holding of Temporary Holding Facility and who present incarcerated people who are a threat to their own safety a 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. BSCC staff reviewed one year of sobering cell safety checks and found they meet the requirements of this section. A person shallberemovedfromthesobering cell assoon LEP 900.8.1(e) Individuals will be removed as they are able to continue the admission process or from the cell when they no longer pose a are no longer a risk to themselves or others. threat to their own safety and the safety of others and are able to continue processing. 5440 Sierra County Jail TH PRO 23-24 Page 9 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS In no case shall a person remain in a sobering cell over LEP 900.8.1(d) Under no circumstances six hours without an evaluation by medical or custody shall an individual be held in a sobering cell staff to determine whether the person has an urgent for more than six hours without being medical problem, pursuant to section 1213 of these evaluated by qualified medical personnel to regulations. ensure that the individual does not have an urgent medical issue. At 12 hoursfrom the time of placement, all persons Under no circumstances shall an inmate be must receive an evaluation by responsible health care held in a sobering cell for more than six staff. hours without being evaluated by qualified medical personnel. Intermittent direct visual observation of people held in the LEP 900.8.1 (c) A safety check consisting of sobering cell shall be conducted no less than every half direct visual observation that is sufficient to hour. Such observation shall be documented. assess the inmate's well-being and behavior shall occur at least every 30 minutes. Each visual observation of the inmate by staff shall be documented. 1057 DEVELOPMENTAL DISABILITIES LEP 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and (j) Any individual who is obviously procedures for the identification and evaluation, developmentally disabled. appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the LEP 900.3 General Criteria and Supervision regional center for any incarcerated person suspected or confirmed to have a developmental disability for the No adult should be in temporary custody for purposes of diagnosis or treatment within 24 hours of longer than six hours. such determination, excluding holidays and weekends. LEP 900.3.1 Individuals Who Should Not Be In Temporary Custody (j) Any individual with an obvious developmental disability 1058 USEOF RESTRAINT DEVICES LEP 900.3.1 Individuals Who Should Not Be inTemporary Custody The facility administrator, in cooperation with the responsible physician, shall develop and implement (g) Any individual who has exhibited written policies and procedures for the use of restraint extremely violent or continuously violent devices. Restraint devices include any devices which behavior including behavior that results in immobilize extremities or prevent the incarcerated the destruction of property or demonstrates person from being ambulatory. The provisions of this an intent to cause physical harm to section do not apply to the use of handcuffs, shackles, or themselves or others other restraint devices when used to restrain incarcerated people for security reasons. The facility (l) Any individual who needs restraint manager may delegate authority to place an incarcerated beyond the use of handcuffs or shackles for person in restraints to responsible health care staff. security reasons. BSCC staff requested to review all uses of restraints in the temporary/court holding facility. No one stays in the facility if restraints are required. (a) The policy shall address the following areas: (1) acceptable restraint devices; 5440 Sierra County Jail TH PRO 23-24 Page 10 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS (2) signs or symptoms which should result in immediate medical/mental health referral; availability of cardiopulmonary resuscitation equipment; (3) protective housing of restrained persons; (4) provision for hydration and sanitation needs; and, (5) exercising of extremities. (b) Policy shall also include, but not be limited to, the following requirements: (1) In no case shall restraints be used for punishment or as a substitute for treatment. (2) Restraint devices shall only be used on incarcerated people who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. (3) Restraint devices should be used only when less restrictive alternatives, including verbal de- escalation techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in restraints only with the approval of the facility 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 maintained until a medical opinion can be obtained. (6) A medical opinion on placement and retention shall be secured within one hour from the time of placement. (7) A medical assessment shall be completed within four hours of placement. (8) Continuous direct visual observation shall be conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation with responsible health care staff determines that an incarcerated person cannot be safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use the restraint device manufacturer’s recommended maximum time limits for placement. (11) All events and information related to the placement in restraints shall be documented and 5440 Sierra County Jail TH PRO 23-24 Page 11 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS 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 RESTRAINTSANDPREGNANTPERSONS LEP 303.3.2 Restraint of Pregnant Persons The facility administrator, in cooperation with the Persons who are known to be pregnant responsible physician, shall develop written policies and should be restrained in the least restrictive procedures for the use of restraint devices on pregnant manner that is effective for officer safety. people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: LEP 900.3.1 Individuals Who Should Not Be in Temporary Custody (1) An incarcerated person known to be pregnant or LEP 303.3.2 Restraint of Pregnant Persons in recovery after delivery or termination of the pregnancy shall not be restrained by the use of leg Leg irons, waist chains, or handcuffs behind or waist restraints, or handcuffs behind the body. the body should not be used unless the deputy has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property (2) An incarcerated pregnant person in labor, during 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 LEP 303.3.2 Restraint of Pregnant Persons who is currently responsible for the medical care of an incarcerated pregnant person during a medical No person who is in labor, delivery, or emergency, labor, delivery, or recovery after delivery recovery after delivery shall be handcuffed or or termination of the pregnancy determines that the restrained except in extraordinary removal of restraints is medically necessary. circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, deputies, or others (4) Upon confirmation of an incarcerated person’s In practice, no person who is known to be pregnancy, they shall be advised, orally or in writing, pregnant or needs to be restrained with of the standards and policies governing incarcerated other than security devices, are not held in pregnant people. this facility. 1067 ACCESS TO TELEPHONE LEP 900.5.5 Telephone Calls The facility administrator shall develop written policies Immediately upon being booked and, except and procedures which allow access to a telephone or where physically impossible, no later than communication device beyond those telephone calls three hours after arrest, an individual in which are required by Section 851.5 of the Penal Code. custody has the right to make at least three Individuals who are known to have or are perceived by completed calls to an attorney, bail others as having hearing or speech impairments shall be bondsman, and a relative or other person. provided access to the appropriate telecommunication device which will facilitate communication. Such devices (b) The individual should be given sufficient may include but are not limited to videophones, time to contact whomever he/she desires teletypewriters, or third-party communications assistance. and to make any necessary arrangements, An individual’s access to telephone communications shall including child or dependent adult care, or not be withdrawn unless doing so is required to uphold the transportation upon release. safety and security of the facility. 5440 Sierra County Jail TH PRO 23-24 Page 12 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS 1068 ACCESS TO COURTS ANDCOUNSEL LEP 900.5.9 Attorneys and Bail Bondsmen The facility administrator shall develop written policies and procedures to ensure incarcerated persons have access to the court and to legal counsel. Such access shall consist of: (b)confidentialconsultationwithattorneys. LEP 900.5.5 Telephone Calls 1080 RULESANDDISCIPLINARY ACTIONS LEP 900.5.10 Discipline Wherever discipline is administered, each facility Discipline will not be administered to any administrator shall establish written rules and disciplinary individual in custody at this facility. Any actions to guide the conduct of incarcerated persons. individual in custody who 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 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 Since, in practice,no discipline is PERSONS administered in this facility, all other sections on this checklist regarding discipline has If discipline is NOT administered, written policy should been deleted. indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Each facility administrator shall develop written policies and procedures for discipline of incarcerated persons. The plan shall include, but not be limited to, the following elements: 1270STANDARDBEDDINGAND LINENISSUE LEP 900.3 General Criteria and Supervision The standard issue of clean suitable bedding and linens, No adult should be in temporary custody for for each incarcerated person entering a living area who is longer than six hours. expected to remain overnight, shall include, but not be limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; (d) one blanket or more depending up on climatic conditions. Policy and procedure shall require that items (a), (b), and (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the incarcerated person. Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) 5440 Sierra County Jail TH PRO 23-24 Page 13 of 15 A351 TH PRO eff. 4/2023 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE –COMMENTS and (d) above prior to their first night in the facility and every night thereafter. 1280 FACILITY SANITATION, SAFETY, AND LEP 900.11 Assigned Administrator MAINTENANCE (c) Sanitation and maintenance The facility administrator shall develop written policies The holding facility is maintained by County and procedures for the maintenance of an acceptable Plant Maintenance. Correctional staff are level of cleanliness, repair, and safety throughout the responsible for cleaning daily. facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and BSCC staff walked through the facility and correct unsanitary or unsafe conditions or work practices determined it to be clean and maintained. which may be found. 5440 Sierra County Jail TH PRO 23-24 Page 14 of 15 A351 TH PRO eff. 4/2023 (23-24).dot DETENTIONOFMINORS YES NO COMMENTS Areminorsheldinthisfacility? BSCC staff requested to see logs for the detention of minors in the facility in the last two years. There The Juvenile Justice and Delinquency Prevention Act were no detentions in the Sheriff’s Office, jail, or (JJDPA) establishes the following federal standards on secure court holding. the detention of minors: (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held inthejailcells? Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 5440 Sierra County Jail TH PRO 23-24 Page 15 of 15 A351 TH PRO eff. 4/2023 (23-24).dot BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5440 FACILITY: Sierra County Jail TYPE: TH RC: 14 FIELD REPRESENTATIVE: Dale Miller DATE: June 27, 2023 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # RC RC (L x W x H) T U W F S Beds Booking Holding 1988 1 4 (4) 9.0' x 5.8' 1 1 1 Sobering 1988 1 3 (3) 7.5' X 8.3' 1 1 1 Notes: Shower in the booking area. HOUSING 1 Double 1988 1 2 2 2 10.5' x 7.5' x 8.5’ 1 1 1 1 2-4 Double 1988 3 2 2 6 10.5' x 7.0' x 8.5’ 1 1 1 Dormitory 1994 1 6 6 6 15.0' x 14.8' x 1 1 1 1 8.5’ Notes: The 222-square-foot inmate worker dorm provides for a rated capacity of 6 inmates, with the application of the June 1994 regulations, which reduce the requirements to 37.5 square feet per inmate in double bunks. 1999 Title 24 regulations delete the requirement for the 3-foot circulation corridor, bringing the size of the dayroom to approximately 409 square feet (14' X 29" – irregular shape). Excluding the 3-foot circulation corridor, 287 square feet of dayroom space is available. There is a shower adjacent to the dayroom. Court Holding 1991 1 2 (2) 9.0' x 7.5' 1 1 1 Note: The court holding space is adjacent to a second-floor courtroom. The square footage would allow a maximum capacity of 6 inmates (10 square feet per inmate). Eighteen inches of bench space is required for each inmate and the four-foot bench limits the capacity to two inmates. As a practical matter, it is anticipated that this cell would rarely hold more than one person pending their court appearance. *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. 5440 Sierra County Jail TH LASE 23-24 - 1 - A360 LAS Adult.dot (9/98) ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005; 2008 BSCC Code: 5440 FACILITY NAME: Sierra County Jail FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That 6/94: X 2/99: 2001: 2005: 2008: Other: 1988 Apply): & 1991 FIELD REPRESENTATIVE:Dale Miller DATE:June 27, 2023 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) Contains a weapons locker, designed as outlined in X these regulations. Contains a cell or room for confinement pending X booking Contains a detoxification cell (WA in TH, NA in CH) 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available 2-99: Access to shower must be within the secure X area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running X water 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 Inmates are not held longer than 12 hours in more. X the holding cell. Temporary Staging Cell or Room (2.3) No cell of this type. Holds inmates classified and segregated per Title 15 § X 1050 and 1053 Safety Equipment Storage (2.19) Adequate space is provided to store equipment such X as fire extinguishers, SCBA, emergency lights, etc. 5440 Sierra County Jail TH PHY 23-24 1 TITLE 24 SECTION YES NO N/A COMMENTS Janitors' Closet (2.20) Lockable, containing a mop sink and storage space 01: Mop sink may be separate from janitors’ closet. X Audio or Visual Monitoring (2.22) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is use, it is located primarily in 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) X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in X holding and staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See X regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Available in each temporary holding, staging and X sobering cell. Wateroutlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the X water outlet (bubbler). 2-99: Mouth guard requirement deleted Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) Windows that are accessible to inmates are no greater X than 5 inches in on dimension. Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are X provided per inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. 5440 Sierra County Jail TH PHY 23-24 2 TITLE 24 SECTION YES NO N/A COMMENTS Weapons Locker (3.12) A secure weapons locker is located outside the security perimeter of the facility and no weapons are 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 X requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 5440 Sierra County Jail TH PHY 23-24 3