Tulare Bob Wiley Detention Facility (2023-2024 inspection cycle)

January 22, 2025 Mike Boudreaux, Sheriff Tulare County Sheriff’s Office 833 S. Akers St. Visalia, CA 93277 2023-2024 TARGETED INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, TULARE COUNTY SHERIFF’S OFFICE DETENTION FACILITY Dear Sheriff Boudreaux, A Targeted Inspection of the Tulare County Sheriff’s Office Detention Facility has been completed. The following facility’s inspection was conducted on Wednesday, December 4, 2024, in part due to a letter received at the Board of State and Community Corrections (BSCC) from an incarcerated person: FACILITY NAME BSCC # FACILITY TYPE Bob Wiley Detention Facility 5850 II This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Title 15, California Code of Regulations. INSPECTION RESULTS We identified no items of noncompliance with Title 15 Minimum Standards. Refer to the attached Procedures Checklist for detailed information. In addition to the procedure checklist, BSCC staff also conducted an inspection in Unit 42. BSCC staff found the unit repainted since our last inspection on July 16, 2024. The cells appeared brighter and cleaner. BSCC staff spoke with several incarcerated people during the inspection, and they stated that the cells were in good working condition. BSCC staff was informed that the County Health Department was on site regarding pests and found the facility has made great progress in pest control. BSCC staff did not find any evidence of a pest problem. An Exit Briefing with your staff was held on Wednesday, December 4, 2024; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. * * * Mike Boudreaux Sheriff Page 2 Please email me at james.peak@bscc.ca.gov or call (916) 516-4022 if you have any questions. Sincerely, JAMES A PEAK Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Tulare County Superior Court* Chair, Grand Jury, Tulare County* Chair, Board of Supervisors, Tulare County* County Administrator, Tulare County* Megan Pinheiro, Lieutenant, Tulare County Sheriff’s Office *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 5850 Tulare County Sheriff’s Office II Targeted LTR 23-24 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES 1, 2 0F 1F BSCC Code: 5850 FACILITY NAME: Bob Wiley Detention Facility FACILITY TYPE: II PERSON(S) INTERVIEWED: Cpt. Hirayama, Lt. Pinheiro FIELD REPRESENTATIVE: James Peak DATE: 12/04/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL3 Tulare County Sheriff’s Office Custody 2F Manual Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The Current revision date October 8, 2024. 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 employees. Notes: The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. (11) Policy and procedure to detect, prevent, and 309 Prison Rape Elimination Act (PREA) respond to retaliation against any staff or person after Training reporting any abuse. ☒ ☐ ☐ 611.2 Policy 1050 CLASSIFICATION PLAN 511 Classification (a) Each administrator of a temporary holding, Type I, II, Upon booking each new person is interviewed or III facility shall develop and implement a written and then assigned an appropriate classification plan designed to properly assign classification and housing location. incarcerated persons to housing units and activities according to the categories of gender identity, age, Classification of new bookings is completed criminal sophistication, seriousness of crime charged, at the Adult Pre-Trial Facility and the South physical or mental health needs, assaultive/non- ☒ ☐ ☐ County Detention Facility. assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for 511.4 Classification Plan the safety of the incarcerated people and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. 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. 2 This is a modified version of the Procedures Checklist and is only intended for the 2024 Targeted Inspection of the Tulare County Bob Wiley Detention Facility. 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 1 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. Each administrator of a Type II or III facility shall establish 511.6 Classification Upon Housing and implement a classification system which will include 511.6.1 Interview the use of classification officers or a classification 511.7 Review and Appeals committee in order to properly assign incarcerated 511.7.1 Staff Requested Review persons to housing, work, rehabilitation programs, and 511.7.2 Incarcerated Person Requested leisure activities. Such a plan shall include the use of as Review much information as is available about and from the incarcerated person and shall provide for a channel of ☒ ☐ ☐ Incarcerated persons may request a appeal by the incarcerated person to the facility review of their classification plan no more administrator or designee. Each person may request a often than 30 days from their last review review of their classification plan no more often than 30 (15 CCR 1050). days from their last review. Note: Subsection (b) does not apply and has been deleted. (c) In deciding housing and programming assignments, 511.4 Classification Plan the agency shall consider on a case-by-case basis 511.8 Housing Assignments whether a placement would ensure the health and safety of the incarcerated person, and whether the placement ☒ ☐ ☐ would present management or security problems. A person’s own views with respect to their own safety shall be given serious consideration. 1053 ADMINISTRATIVE SEPARATION 506 Special Management Inmates 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: 506. 2 Policy (a) Administrative separation may consist of separate housing but shall not involve any other deprivation of This office shall provide for the secure and privileges than is necessary to obtain the objective of segregated housing of any special protecting the welfare of incarcerated people and facility management inmate but shall not impose staff. more deprivation of privileges than is ☒ ☐ ☐ necessary to obtain the objective of protecting the inmate, staff, or the public (15 CCR 1053). 506.6 Maintenance of Programs and Services (b) Administrative separation must not adversely affect 506.8 Health Evaluation Requirements an incarcerated person’s health. ☒ ☐ ☐ (c) Administrative separation may be used for Administrative segregation - The physical incarcerated people who have: separation of an inmate who is prone to (15 (1) A documented history of activity or behavior, or CCR 1053): promoting such activity or behavior, that is criminal in nature, disruptive to facility operations, or affects the (a) Promote activity or behavior that is safety of the facility, other incarcerated people, and criminal in nature or disruptive to facility facility staff. ☒ ☐ ☐ operations. (2) Influenced or participated in activity that is (b) Demonstrate influence over other criminal in nature, disruptive to facility operations or inmates, including influence to promote or affects the safety of the facility, other incarcerated direct action or behavior that is criminal in people, and facility staff. nature or disruptive to the safety and security of other inmates or facility staff, 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 2 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Committed assault, attempted assault, or as well as to the safe operation of the participated in a conspiracy to assault or harm other facility. incarcerated persons or facility staff. (c) Escape. (4) A history of escape or have recently attempted (d) Assault staff or other inmates, or escape. participate in a conspiracy to assault or (5) A demonstrated need for protection from other harm them. incarcerated people. (e) Need protection from other inmates. This is a non-punitive classification process. (d) Documentation indicating the necessity of 506.5 Protective Custody administrative separation to obtain the objective of protecting the welfare of incarcerated people and facility ☒ ☐ ☐ staff. (e) A documented individualized ongoing review and 506.7 Review of Status evaluation of the need to continue placement in ☒ ☐ ☐ administrative separation. 1061 EDUCATION PROGRAM 1005 Inmate Educational, Vocational and Rehabilitation Programs The facility administrator of any Type II or III facility shall ☒ ☐ ☐ plan and shall request of appropriate public officials an education program for incarcerated persons. When such services are not made available by the 1005.1 Purpose and Scope appropriate public officials, then the facility administrator shall develop and implement an education program with ☒ ☐ ☐ available resources. Such a plan shall provide for the voluntary academic or 1005.4 Course Offerings vocational, or both, education of housed people. Course offerings will be subject to need, available resources, security concerns, available space and inmate classification, and may include the following: •Basic education, General Educational Development (GED) preparation •English as a second language (ESL) •Basic literacy •Substance abuse and healthy lifestyles education •Parenting courses •Basic computer instruction ☒ ☐ ☐ •Basic life skills •Vocational skills such as: • Cooking and food services • Landscaping, horticulture • Basic woodworking • Auto body and painting • Basic auto repair • Basic office skills • Other courses as deemed appropriate by the Detentions Programs Coordinator Reasonable criteria for program eligibility shall be 1005.6 Eligibility Requirements established. Modified academic or vocational 1005.7 Inmate Requests opportunities may be provided based on sound security 1005.8 Self-Study Program practices or a person’s failure to abide by facility rules ☒ ☐ ☐ 1005.9 High-Security/Administrative and regulations. Segregation Inmates 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 3 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS To the extent reasonably practicable, high-security inmates and those held in administrative segregation may receive individual instruction in the form of a correspondence course. 1005.10 Rehabilitation Program 1062 VISITING 1010 Inmate Video Visitation 1011 Visitation The facility administrator shall develop and implement 1011.3 Procedures written policies and procedures, which include the following requirements: ☒ ☐ ☐ (a) A visiting program which shall provide for: (1) As many in-person visits and visitors as facility schedules, space, and number of personnel will allow. (2) A publicly posted schedule of facility visiting 1011.5 Visiting Schedule hours. If practicable, visiting hours should be made ☒ ☐ ☐ available on weekends, evenings, or holidays. (3) For all incarcerated persons in Type II, III, and IV 1010.4 (a) – All inmates are allowed a facilities there shall be allowed no fewer than two minimum of three (3) twenty-minute visits per visits totaling at least one hour per incarcerated week. Inmates are not required to utilize their person each week. minimum allowed time. If an inmate does not utilize their minimum allowed time for the week, the unused time does not carry over to the following week. The week is counted from Monday through Sunday. ☒ ☐ ☐ 1011.3 Procedures - The Assistant Sheriff shall develop written procedures for incarcerated person visiting, which shall provide for as many visits and visitors as facility schedules, space, and number of personnel will reasonably allow, with no fewer visits allowed than specified by 15 CCR 1062 per week, by type of facility. (b) Visits may not be cancelled unless a legitimate 1011.6 Denial or Termination of Visiting operational or safety and security concern exists. All Privileges cancelled visits must be documented. The facility ☒ ☐ ☐ manager or designee shall regularly review cancelled visits and document such review. (c) The visiting policies developed pursuant to this 1011.7 General Visitation Rules section shall include provision for visitation by minor ☒ ☐ ☐ children of the incarcerated person. (d) Video visitation may be used to supplement existing 1011.3.2 Video Visitation not to Replace In- visitation programs, but shall not be used to fulfill the Person Visitation requirements of this section if in-person visitation is requested by an incarcerated person. The Office may not substitute video visitation for in-person visitation to meet ☒ ☐ ☐ the requirements of 15 CCR 1062. The South County Detention Facility is the only facility designed without in-person visitation space. (15 CCR 1062 (f)). 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 4 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Facilities shall not charge for visitation when visitors The facilities do not charge for on-site in- are onsite and participating in either in-person or video person or video visiting at the Bob Wiley visitation. For purposes of this subsection, “onsite” is ☒ ☐ Detention Facility. ☐ defined as the location where the incarcerated person is housed. (f) Subdivision (d) shall not apply to facilities which (1) 1011.3.2 Video Visitation not to Replace In- exclusively used video visitation prior to January 1, 2017 Person Visitation or (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to ☒ ☐ ☐ The South County Detention Facility is the June 27, 2017. only facility designed without in-person visitation space. (15 CCR 1062 (f)). (g) If a local detention facility offered video visitation only The Bob Wiley Detention Facility’s as of January 1, 2017, the first hour of remote video ☐ ☒ construction predates this regulation and ☐ visitation per week shall be offered free of charge. offers in-person and on-site video visits. Types and availability of visitation, including: Note: Reference PC § 6031.1(a)(4) (June 2017). Mode of visitation; The Bob Wiley Detention Facility offers both in-person (with a barrier) and video visiting. Visitation hours; Everyday: Video (Family) 0800-1130 1300-2200 In Person (Professional) 0800-1200 1300-1600 Time inmates are allowed for visitation; and, “All inmates are allowed a minimum of three (3) twenty-minute visits per week.” Any restrictions on inmate visitation. 1063 CORRESPONDENCE 1008 Mail 1008.3 Mail Generally The facility administrator shall develop written policies and procedures for correspondence which provide that: ☒ ☐ ☐ (a) there is no limitation on the volume of mail that an incarcerated person may send or receive; (b) an incarcerated person’s correspondence may be 1008.6 Processing and Inspection of Mail by read when there is a valid security reason and the facility Staff ☒ ☐ ☐ manager or designee approves; (c) jail staff shall not review an incarcerated person’s 1008.4 Confidential Correspondence correspondence to or from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; ☒ ☐ ☐ however, jail authorities may open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the incarcerated person; (d) incarcerated persons may correspond, confidentially, 1008.4 Confidential Correspondence with the facility manager or the facility administrator; and, ☒ ☐ ☐ (e) those incarcerated persons who are without funds 1008.10 Indigent Incarcerated Persons shall be permitted at least four postage paid envelopes Requests for Writing Materials and eight sheets of paper each week to permit ☒ ☐ ☐ correspondence with family members and friends but without limitation on the number of postage paid 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 5 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS envelopes and sheets of paper to their attorney and to the courts. 1064 LIBRARY SERVICES 1007 Library Services The facility administrator shall develop written policies and procedures for library service in all Type II, III, and IV facilities. The scope of such service shall be determined by the facility administrator. The library service shall ☒ ☐ ☐ include access to the following resources via paper documents or through electronic media and include current information on community services and resources, and religious, educational, legal reference material and recreational reading material. 1065 EXERCISE AND OUT OF CELL TIME 1004 Exercise and Out-of-Cell Time 1004.3 Responsibilities (a) The facility administrator of a Type II or III facility shall develop written policies and procedures for a minimum of BSCC staff reviewed the exercise and out-of- ☒ ☐ ☐ 10 hours of out of cell time distributed over a period of cell time logs for October 13, 2024, through seven days to include: November 23, 2024, and determined the facility to be compliant with this regulation. (1) an opportunity for three hours of exercise and 1004.3 Responsibilities ☒ ☐ ☐ (2) an opportunity for seven hours of recreation. 1004.3 Responsibilities ☒ ☐ ☐ Policies shall include reasonable and necessary 1004.6 Security and Supervision procedures to ensure safety and security. ☒ ☐ ☐ 1066 BOOKS, NEWSPAPERS, PERIODICALS, AND 1008.7 Books, Magazines, Newspapers, and WRITINGS Periodicals (a) The facility administrator of a Type II or III facility shall develop written policies and procedures which will permit incarcerated persons to purchase, receive and read any book, newspaper, periodical, or writing accepted for distribution by the United States Postal Service. The ☒ ☐ ☐ facility administrator shall develop and implement a written plan to make available a current newspaper or other like source, including a non-English language alternative, to ensure reasonable access to interested people. Nothing herein shall be construed as limiting the right of a facility administrator to: (1) exclude any publications or writings based on any 1008.8 Rejection of Magazines and legitimate penological interest; ☒ ☐ ☐ Periodicals (2) exclude obscene publications or writings, and 1008.8 Rejection of Magazines and mail containing information concerning where, how, Periodicals or from whom such matter may be obtained; and any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence; any matter of a character tending to incite crimes against ☒ ☐ ☐ children; any matter concerning unlawful gambling or an unlawful lottery; the manufacture or use of weapons, narcotics, or explosives; or any other unlawful activity; (3) open and inspect any publications or packages 1008.8 Rejection of Magazines and received by an incarcerated person; and ☒ ☐ ☐ Periodicals (4) restrict the number of books, newspapers, 1008.8 Rejection of Magazines and periodicals, or writings the incarcerated person may Periodicals have in their cell or elsewhere in the facility at one ☒ ☐ ☐ time. 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 6 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE 1009 Telephone Access The facility administrator shall develop written policies and procedures which allow access to a telephone or communication device beyond those telephone calls which are required by Section 851.5 of the Penal Code. Individuals who are known to have, or are perceived by others as having hearing or speech impairments shall be ☒ ☐ ☐ provided access to the appropriate telecommunication device which will facilitate communication. Such devices may include but are not limited to videophones, teletypewriters, or third-party communications assistance. An individual’s access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. 1068 ACCESS TO COURTS AND COUNSEL 603 Inmate Access to Courts and Counsel 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: (a) unlimited mail as provided in Section 1063 of these 1008.4 Confidential Correspondence regulations, and, ☒ ☐ ☐ (b) confidential consultation with attorneys. 1010.10 Visitation Related to Legal Defense ☒ ☐ ☐ 1071 VOTING 612 Inmate Voting The facility administrator of a Type I (holding sentenced incarcerated workers) II, III or IV facility shall develop ☒ ☐ ☐ written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES 1013 Religious Programs The facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures to provide ☒ ☐ ☐ opportunities for incarcerated persons to participate in religious services, practices, and counseling on a voluntary basis. 1073 GRIEVANCE PROCEDURE 611 Inmate Grievances (a) Each administrator of a Type II, III, or IV facility and BSCC staff reviewed 11 grievances between Type I facilities which hold incarcerated workers shall October 2024 and November 2024 and develop written policies and procedures whereby all determined the facility complies with this incarcerated persons have the opportunity and ability to regulation. submit and appeal grievances relating to any conditions ☒ ☐ ☐ of confinement, including but not limited to: medical care; classification actions; disciplinary actions; program participation; telephone, mail, and visiting procedures; and food, clothing, and bedding. Such policies and procedures shall include: (1) a grievance form; 611 Inmate Grievances ☒ ☐ ☐ (2) instructions for registering and appealing a 611.3 Access to the Grievance System grievance, including relevant deadlines; ☒ ☐ ☐ (3) a process for submission and handling of 611.4.1 Exception to Initial Grievance Filing anonymous grievances; ☒ ☐ ☐ 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 7 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) resolution of the grievance at the lowest 611.4 Grievance Procedures appropriate staff level; ☒ ☐ ☐ (5) appeal to the next level of review; 611.4 Grievance Procedures ☒ ☐ ☐ (6) written reasons for denial of grievance at each 611.4 Grievance Procedures level of review which acts on the grievance; ☒ ☐ ☐ (7) provision for a non-automated initial response 611.4 Grievance Procedures within a reasonable time limit which shall not exceed ☒ ☐ ☐ a period of 15 calendar days; (8) provision for resolving questions of jurisdiction 611.4 Grievance Procedures within the facility; ☒ ☐ ☐ (9) provision for providing a copy of the grievance, 611.4 Grievance Procedures appeal, response, and related documents to the ☒ ☐ ☐ incarcerated person; and, (10) The facility manager or designee shall conduct 611.4.4 Recording Grievances regular review of grievances, responses, and ☒ ☐ ☐ appeals. (b) Grievance System Abuse: 614.5 Frivolous Grievances The facility may establish written policy and procedure to control the submission of an excessive number of ☒ ☐ grievances. 1080 RULES AND DISCIPLINARY ACTIONS 600 Discipline Wherever discipline is administered, each facility BSCC staff reviewed 12 discipline reports administrator shall establish written rules and disciplinary dated between October 2024 and November actions to guide the conduct of incarcerated persons. 2024. The reports were found to be ☒ ☐ ☐ completed with the required dates, Notes: If discipline IS NOT administered, written policy notifications, and hearings. The facility was should indicate as such. If discipline IS administered, determined to be compliant with this Sections 1080, 1081, 1082, 1083 and 1084 apply. regulation. Such rules and disciplinary actions shall be stated simply 600.3 Due Process and affirmatively and posted conspicuously in housing 600.3.1 Rules and Actions units and the booking area or issued to each person upon ☒ ☐ ☐ 600.3.3 Posting booking. 503 Handbook and Orientation For those individuals with limited literacy, who are unable 600.3.1 Rules and Actions 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 600 Discipline PERSONS 600.4 Rule Violation Procedures 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: ☒ ☐ ☐ (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 600.4.2 Major Rule Violations or repetitive minor acts of non-conformance or repetitive ☒ ☐ ☐ minor violations of facility rules shall be reported in writing 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 8 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 600.11 Guidelines for Disciplinary Actions ☒ ☐ ☐ 2. Placement in disciplinary separation. 600.11 Guidelines for Disciplinary Actions ☒ ☐ ☐ 3. Loss of privileges mandated by regulations. 600.11 Guidelines for Disciplinary Actions ☒ ☐ ☐ A staff member with investigative and disciplinary 600.7 Hearing Officer authority shall be designated as a disciplinary officer to ☒ ☐ ☐ impose such consequences. Staff shall not participate in disciplinary review if they are 600.7 Hearing Officer involved in the charges. ☒ ☐ ☐ Such charges pending against an incarcerated person 600.3 Due Process shall be acted on with the following provisions and within specified timeframes: (b) Advance notice to the incarcerated person 1. A copy of the report, or a separate written notice ☒ ☐ ☐ of the disciplinary hearing, to allow the of the violation(s), shall be provided to the incarcerated person time to prepare a incarcerated person. defense. 2. Unless declined by the incarcerated person, a 600.6 Notifications 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 600.8 Hearing Procedure 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 72 600.5 Investigations hours after an incarcerated person has been ☒ ☐ ☐ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary 600.4.3 Prehearing Detention 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 600.8.4 Report of Findings 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 600.9 Disciplinary Appeals supervisor on all disciplinary action. ☒ ☐ ☐ 1082 FORMS OF DISCIPLINE 600.11 Guidelines for Disciplinary Actions The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction and promotion of desired behavior through a ☒ ☐ ☐ progressive disciplinary process. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 9 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 600.10 Limitations on Disciplinary Actions 601 Disciplinary Separation The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation. ☒ ☐ ☐ Additionally, there shall be the following limitations: (a) Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. (1) If a person is on disciplinary separation status for 601.3 Disciplinary Separation 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 601.4.1 Medication, Clothing, and Personal the minimum furnishings and space specified in Title Items 24, Part 2, 1231.2.6 and 2.7. Occupants shall be 601.4.2 Showering and Personal Hygiene issued clothing and bedding as specified in Articles 601.4.3 Denial of Authorized Items or 13 and 14 of these regulations and shall not be Activities 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 The facility has a procedure in place for when medical staff determine that an individual has serious an individual is placed in discipline mental illness or an intellectual disability, they shall ☒ ☐ separation, they are seen and evaluated by ☐ be removed from disciplinary separation immediately both medical and mental health staff. upon this determination. (b) The delegation of authority to any incarcerated person 600.10 Limitations on Disciplinary Actions 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, 600.10 Limitations on Disciplinary Actions Part 2, 1231.2.5, or any restraint device be used for ☒ ☐ ☐ disciplinary purposes. 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 10 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) No incarcerated person may be deprived of the 600.10 Limitations on Disciplinary Actions 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. 600.10 Limitations on Disciplinary Actions ☒ ☐ ☐ (f) Correspondence privileges shall not be withheld 600.10 Limitations on Disciplinary Actions 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 600.10 Limitations on Disciplinary Actions suspended as a disciplinary measure. ☒ ☐ ☐ 1084 DISCIPLINARY RECORDS 600.3.2 Rule Violation Reports Penal Code Section 4019.5 requires that a record is kept of all disciplinary actions administered therefore. This ☒ ☐ ☐ requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1240 FREQUENCY OF SERVING 900 Food Services 900.4 Menu Planning In Temporary Holding, Type I, II, and III facilities, and 900.9 Meal Service Procedure those Type IV facilities where food is served, food shall be served three times in any 24-hour period. At least one of these meals shall include hot food. Supplemental food ☒ ☐ ☐ must be served to incarcerated persons if more than 14 hours pass between evening and morning meals. Additionally, supplemental food must be served to people on medical diets in less than the time period outlined above, if prescribed by the responsible physician. A minimum of fifteen minutes shall be allowed for the 900.9 Meal Service Procedure actual consumption of each meal except for those on medical diets where the responsible physician has ☒ ☐ ☐ prescribed additional time. Provisions shall be made for incarcerated persons who 900.9 Meal Service Procedure may miss a regularly scheduled facility meal. They shall be provided with a substitute meal and beverage, and on ☒ ☐ ☐ medical diets shall be provided with their prescribed meal. 1260 STANDARD INSITUTIONAL CLOTHING 806 Incarcerated Person Hygiene The standard issue of climatically suitable clothing to All laundry for the system is washed and incarcerated people held after arraignment in all but cleaned at the Bob Wiley Detention Facility. Court Holding, Temporary Holding, and Type IV facilities Unserviceable items are removed from shall include, but not be limited to: service and replaced. The agency is (a) Clean socks and footwear; implementing a laundry exchange program ☒ ☐ ☐ where everyone is issued two complete sets of clothing and a clothing bag. The clothing bag is collected weekly for laundry and returned to the individuals. 806.3.2 Clothing Issue (b) Clean outer-garments; and, 806.3.2 Clothing Issue ☒ ☐ ☐ (c) Clean undergarments; 806.3.2 Clothing Issue ☒ ☐ ☐ 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 11 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) For males – shorts and undershirt, and 806.3.2 Clothing Issue ☒ ☐ ☐ (2) For females – bra and two pairs of panties. 806.3.2 Clothing Issue ☒ ☐ ☐ The person’s personal undergarments and footwear may 806.3.2 Clothing Issue be substituted for the institutional undergarments and footwear specified in this regulation. This option ☒ ☐ ☐ notwithstanding, the facility has the primary responsibility to provide the personal undergarments and footwear. All issued and exchanged clothing shall be clean and free 806.3.2 Clothing Issue of holes or tears, reasonably fitted, durable, easily laundered and repaired. Undergarments shall be clean, free of holes or tears, and substantially free of stains. ☒ ☐ ☐ Individuals shall be able to select the garment type more compatible with their gender identity and gender expression. 1265 ISSUE OF PERSONAL CARE ITEMS 806 Incarcerated Person Hygiene There shall be written policies and procedures developed ☒ ☐ ☐ by the facility administrator for the issue of personal hygiene items. Each menstruating person shall be provided with sanitary 806 Incarcerated Person Hygiene napkins, panty liners, and tampons as requested with no ☒ ☐ ☐ maximum allowance. Each person to be held over 24 hours who is unable to 806 Incarcerated Person Hygiene supply themself with the following personal care items, because of either indigency or the absence of a canteen, 806.6 Personal Hygiene of Incarcerated ☒ ☐ ☐ shall be issued: Persons (a) Toothbrush, (b) Dentifrice, 806.6 Personal Hygiene of Incarcerated ☒ ☐ ☐ Persons (c) Soap, 806.6 Personal Hygiene of Incarcerated ☒ ☐ ☐ Persons (d) Comb, and 806.6 Personal Hygiene of Incarcerated ☒ ☐ ☐ Persons (e) Shaving implements. 806.6 Personal Hygiene of Incarcerated ☒ ☐ ☐ Persons Personal care items shall be issued within the first 12 806.6 Personal Hygiene of Incarcerated hours of housing assignment. ☒ ☐ ☐ Persons Incarcerated persons shall not be required to share any 806.6 Personal Hygiene of Incarcerated personal care items listed in items “a” through “d.” ☒ ☐ ☐ Persons Incarcerated people will not share disposable razors. 806.6 Personal Hygiene of Incarcerated ☒ ☐ ☐ Persons Double edged safety razors, electric razors, and other 806.6 Personal Hygiene of Incarcerated shaving instruments capable of breaking the skin, when Persons shared among incarcerated people, must be disinfected between individual uses by the method prescribed by the ☒ ☐ ☐ State Board of Barbering and Cosmetology in Sections 979 and 980, Division 9, Title 16, California Code of Regulations. 1266 SHOWERING 806.9 Incarcerated Person Showers There shall be written policies and procedures developed ☒ ☐ ☐ Showers are available to all persons during by the facility administrator for showering/bathing. their assigned day room times. 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 12 of 13 A353 Type II & III PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Incarcerated persons shall be permitted to shower/bathe upon assignment to a housing unit and at least every ☒ ☐ ☐ other day or more often if possible. Absent exigent circumstances, no person shall be prohibited from showering at least every other day following assignment to a housing unit. If showering is prohibited, it must be approved by the facility manager or ☒ ☐ ☐ designee, and the reason(s) for prohibition shall be documented. 1270 STANDARD BEDDING AND LINEN ISSUE 806 Incarcerated Person Hygiene The standard issue of clean suitable bedding and linens, 806.3.1 Bedding Issue 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; 806.3.1 Bedding Issue ☒ ☐ ☐ (c) one towel; and, 806.1 Purpose and Scope ☒ ☐ ☐ (d) one blanket or more depending up on climatic 806.3.1 Bedding Issue conditions. ☒ ☐ ☐ Policy and procedure shall require that items (a), (b), and 806.3.1 Bedding Issue (d) above be provided prior to the first night in the facility. ☒ ☐ ☐ Two blankets or sleep bag may be issued in place of one 806.3.1 Bedding Issue mattress cover or one sheet at the request of the ☒ ☐ ☐ incarcerated person. 1280 FACILITY SANITATION, SAFETY, AND 800 Sanitation Inspections MAINTENANCE 801 Housekeeping and Maintenance 804 Vermin and Pest Control The facility administrator shall develop written policies 805 Inmate Safety and procedures for the maintenance of an acceptable level of cleanliness, repair and safety throughout the The facility has been conducting a long-term facility. Such a plan shall provide for a regular schedule treatment plan for bugs in the facility. The of housekeeping tasks and inspections to identify and Bob Wiley Facility received inspections from correct unsanitary or unsafe conditions or work practices the Tulare County Environmental Health which may be found. Department on April 24, 2024, September 19, 2024, and November 7, 2024. During the November inspection, the inspector noted no ☒ ☐ ☐ bugs were found. The facility has also undergone extensive maintenance, including but not limited to re- painting all of the modules, cells, and hallways. They relocated the incarcerated individuals over several months to allow each cell and module to be deep cleaned and re- painted. During this inspection, BSCC did not find any evidence of an infestation. Medical care housing as described in Title 24, Part 2, Section 1231.2.14, shall be cleaned and sanitized according to policies and procedures established by the ☒ ☐ ☐ health authority. 5850 Tulare Bob Wiley Detention Facility II Targeted PRO 23-24 Page 13 of 13 A353 Type II & III PRO eff. 07.01.24