Tulare Porterville PD (2023-2024 inspection cycle)

August 29, 2024 Jake Castellow, Chief of Police Porterville Police Department 291 North Main Street Porterville, CA 93257 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, PORTERVILLE POLICE DEPARTMENT TEMPORARY HOLDING FACILITY Dear Chief Castellow: The 2023-2024 Comprehensive Inspection of the Porterville Police Department has been completed. A pre-inspection briefing was held on Thursday, June 6, 2024, and the following facility was inspected on Thursday, July 18, 2024: FACILITY NAME BSCC # FACILITY TYPE Porterville Police Department 5890 THJ This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition to 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 the following items of noncompliance with Title 15 Minimum Standards: §1024 Court Holding and Temporary Holding Facility Training: Required training per the regulation was not completed. Refer to the attached Procedures Checklist for detailed information. Refer to the Physical Plant Evaluation and Living Area Space Evaluation attachments for information related to Rated Capacity and Title 24 compliance. Jake Castellow Chief of Police Page 2 CORRECTIVE ACTION PLAN (CAP) An Exit Briefing with your staff was held on Thursday, August 15, 2024; BSCC staff presented an overview of the inspection and discussed technical assistance and best practice recommendations. BSCC staff reviewed and provided an Initial Inspection Report for noncompliance items found during the inspection with a CAP due date of September 16, 2024. * * * 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* Erik Martinez, Sergeant, Porterville Police Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 5890 Tulare Porterville Police Department THJ LTR 23-24 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5890 FACILITY NAME: Porterville Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sgt. Carl Jordan, Sgt. Erik Martinez FIELD REPRESENTATIVE: James Peak DATE: 07-18-24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.4 Training HOLDING FACILITY TRAINING Department members should be trained and At a minimum, all supervisors of and personnel who familiar with this policy and any supervise incarcerated persons in, a Court Holding or supplemental procedures. Temporary Holding facility shall complete eight hours of specialized corrections training. Such training shall Department members responsible for include, but not be limited to: supervising adults in temporary custody shall (a) applicable minimum jail standards; complete the Corrections Officer Core (b) jail operations liability; Course or eight hours of specialized training (c) separation of incarcerated persons; within six months of assignment. Such (d) emergency procedures and planning, fire and life training shall include but not be limited to the safety; and; following (15 CCR 1024): (e) suicide prevention; (f) de-escalation; (a) Applicable minimum jail standards (g) juvenile procedures; (b) Jail operations liability ☒ ☐ ☐ (h) racial bias; and, (c) Separation of incarcerated persons (i) mental illness. (d) Emergency procedures and planning, fire safety, and life safety Note: Each agency shall determine if additional training (e) Suicide prevention is needed based upon, but not limited to, the complexity (f) De-escalation of the facility, the number of people incarcerated, the (g) Juvenile procedures employees' level of experience and training, and other (h) Racial bias relevant factors. (i) Mental illness Eight hours of refresher training shall be completed every two years (15 CCR 1024). The Administrative Sergeant shall maintain records of all such training in the member's training file. Such training shall be completed as soon as practical, but JM 1.7 This specialized training in custodial in any event not more than six months after the date of procedures shall be completed by all sworn assigned responsibility. Successful completion of Core officers below the rank of Captain as soon as ☒ ☐ ☐ training or supplemental Core training, pursuant to practical. All newly hired personnel must Section 1020, Corrections Officer Core Course, may be receive this training within six months of substituted for the initial eight hours of training. assignment. 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. 5890 Tulare Porterville Police Department THJ 23-24 Page 1 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A total of eight hours of refresher training shall be JM 1.7 Custodial personnel who are completed every two years. Successful completion of the responsible for inmates held in the Porterville requirements in Section 1025, Continuing Professional Police Department temporary holding facility Training may be substituted for the eight-hour refresher. shall satisfactorily complete eight hours of specialized training every two years. ☐ ☒ ☐ The agency informed the BSCC staff that the required training had not been completed. Appropriate training was being scheduled. The agency is not compliant with this regulation. 1027 NUMBER OF PERSONNEL A sufficient number of personnel shall be employed in ☒ ☐ ☐ each local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. Whenever there is a person in custody, there shall be at JM 1.8 A. Whenever there is an inmate in least one employee on duty at all times in a local custody, there shall be at least one trained detention facility or in the building which houses a local employee on duty inside the building housing ☒ ☐ ☐ detention facility who shall be immediately available and the facility. The employee shall be accessible to incarcerated people in the event of an immediately available and accessible to emergency. inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of ☒ ☐ ☐ incarcerated people in the event of an emergency. Whenever one or more females are in custody, there JM 1.8 C. Whenever one or more female shall be at least one female employee who shall be inmates are in custody, there shall be at immediately available and accessible to such females. ☒ ☐ ☐ least one trained female employee immediately available and accessible to such Note: Reference PC § 4021. females. In order to determine if there is a sufficient number of 903.3 (c) Developing a staffing plan to personnel for a specific facility, the facility administrator provide adequate levels of staffing and video shall prepare and retain a staffing plan indicating the monitoring, where applicable, to protect personnel assigned in the facility and their duties. Such a those in custody from sexual abuse (28 CFR staffing plan shall be reviewed by the Board staff at the 115.113; 15 CCR 1029). This includes time of their biennial inspection. The results of such a documenting deviations and the reasons for review and recommendations shall be reported to the ☒ ☐ ☐ deviations from the staffing plan, as well as local jurisdiction having fiscal responsibility for the facility. reviewing the staffing plan a minimum of once per year. BSCC staff reviewed the agency’s staffing plan and determined the agency was compliant with this regulation. 1027.5 SAFETY CHECKS JM 3.3.1. Definitions Safety checks - Direct, visual observation The facility administrator shall develop and implement personally by a member of this department policy and procedures for conducting safety checks that performed at random intervals within time include, but are not limited to, the following: frames prescribed in this policy to provide for (a) Safety checks will determine the safety and well-being the health and welfare of juveniles in ☒ ☐ ☐ of individuals and shall be conducted at least hourly temporary custody. through direct visual observation of all people held and housed in the facility. BSCC staff reviewed safety logs from July to August of 2023 and January to May 2024. BSCC staff determined the agency was compliant with this regulation. 5890 Tulare Porterville Police Department THJ 23-24 Page 2 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) There shall be no more than a 60-minute lapse JM 1.8 B. Visual checks shall be made at between safety checks. least every thirty minutes on prisoners. Prisoners who are in restraints shall be ☒ ☐ ☐ checked every fifteen minutes. Documentation of these checks shall be made on the jail log. (c) Safety checks for people in sobering cells, safety cells, The Porterville Police Department and restraints shall occur more frequently as outlined in Temporary Holding facility does not have ☐ ☐ ☒ section 1055, section 1056, and section 1058 of these cells described by this regulation. regulations. (d) Safety checks shall occur at random or varied 313.1. Definitions intervals. Safety checks - Direct, visual observation personally by a member of this department performed at random intervals within time frames prescribed in this policy to provide for ☒ ☐ ☐ the health and welfare of juveniles in temporary custody. BSCC staff found the checks to be random on the logs. (e) There shall be a written plan that includes the JM 2.1 Documentation of Routine Jail documentation of all safety checks. Documentation shall Checks include: ☒ ☐ ☐ (1) the actual time at which each individual safety The logs reflected the actual time the checks check occurred; were completed. (2) the location where each individual safety check The location of the check was noted on the occurred, such as a cell, module, or dormitory ☒ ☐ ☐ log. number; and, (3) Initials or employee identification number of staff The employee who conducts the check, ☒ ☐ ☐ who completed the safety check(s). notes their name or initials. (f) A documented process by which safety checks are Each log upon completion is reviewed by the reviewed at regular defined intervals by a supervisor or administration sergeant before being filed. facility manager, including methods of mitigating patterns ☒ ☐ ☐ of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF JM 1.9 Fire and Life Safety Staff Pursuant to Penal Code Section 6030(c), Whenever there is a person in custody, there shall be at whenever there is an inmate in custody, least one person on duty at all times who meets the there shall be at least one person on duty at training standards established by the Board for general all times who meets the training standards fire and life safety. [Penal Code section 6030(c)]. ☒ ☐ ☐ established by the State Fire Marshal for general fire and life safety which relate specifically to the facility. After completion of the specialized custody training, all sworn officers below the rank of Captain will meet this criteria. The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 5890 Tulare Porterville Police Department THJ 23-24 Page 3 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL2 Porterville Police Department policy manual is contained in Lexipol and was updated on Facility administrator(s) shall develop and publish a 5-8-2024. manual of policy and procedures for the facility. The policy and procedures manual shall address all In addition, the Porterville Police Department applicable Title 15 and Title 24 regulations and shall be utilizes a Jail Manual. (The Jail Manual will comprehensively reviewed and updated at least every ☒ ☐ ☐ be referenced as “JM” followed by the two years. Such a manual shall be made available to all section number.) The Jail Manual was employees. reviewed on 8-14-2024. Notes: The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections (c) and (d) do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III 200 Organizational Structure and facilities shall provide for, but not be limited to, the Responsibility following: ☒ ☐ ☐ (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility 900.3 Assigned Administrator ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force that meets current state 300 Use of Force and federal legal requirements and includes prohibition of the use of carotid restraint and choke 300.3.6 Restrictions on The Use of A Choke holds. Hold ☒ ☐ ☐ Officers of this department are not authorized to use a chokehold. A chokehold means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe (Government Code § 7286.5). (4) Policy on the use of restraint equipment, including 302.3.2 Restraint of Pregnant Persons the restraint of pregnant persons as referenced in Penal Code Section 3407. Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. Leg irons, waist chains, or handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure self or ☒ ☐ ☐ others, or damage property. No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). (5) Procedure and criteria for screening newly JM 4.5 Release of Prisoners ☒ ☐ ☐ received persons for release. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5890 Tulare Porterville Police Department THJ 23-24 Page 4 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) Security and control including physical counts and An annual security review meeting of this searches of the facility and incarcerated persons, regulation was completed with the review of contraband control, and key control. the policy on 5-8-2024. Each facility administrator shall, at least annually, review, evaluate, and make a record of security ☒ ☐ ☐ measures. The review and evaluation shall include internal and external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 900.3 Assigned Administrator (A) fire suppression preplan as required by section 1032 of these regulations; (g) Fire and life safety, including a fire ☒ ☐ ☐ suppression pre-plan as required by 15 CCR 1032. (B) escape, disturbances, and the taking of (e) Escapes ☒ ☐ ☐ hostages; (C) mass arrests; ☒ ☐ ☐ 429.8 Arrests (D) natural disasters; 900.3 (h) Disaster plans (e.g., natural ☒ ☐ ☐ disasters) (E) periodic testing of emergency equipment; and ☒ ☐ ☐ (k) Periodic testing of emergency equipment (F) storage, issue, and use of weapons, 306.5 Safe Handling, Inspection, and ammunition, chemical agents, and related ☒ ☐ ☐ Storage security devices. (8) Suicide Prevention. ☒ ☐ ☐ 900.4 Training (e) Suicide Prevention (9) Separation of incarcerated persons. ☒ ☐ ☐ JM 2.5 Classification Plan (10) Zero tolerance in the prevention of sexual abuse 902 Prison Rape Elimination Act (PREA) ☒ ☐ ☐ and sexual harassment. (11) Policy and procedure to detect, prevent, and 902.2 Policy respond to retaliation against any staff or person after reporting any abuse. The Porterville Police Department has zero tolerance toward all forms of sexual abuse and sexual harassment (28 CFR 115.111). The Department will not tolerate retaliation ☒ ☐ ☐ against any person who reports sexual abuse or sexual harassment or who cooperates with a sexual abuse or sexual harassment investigation. 902.6 Retaliation Prohibited (12) Release policy, including release planning for JM 4.5 Release of Prisoners ☒ ☐ ☐ incarcerated persons. (e) The manual for Temporary Holding, Court Holding, 902.3 (d) Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: Developing methods for staff to privately (1) multiple internal ways for incarcerated people to report sexual abuse and sexual harassment privately report sexual abuse and sexual of individuals in custody (28 CFR 115.151). ☒ ☐ ☐ harassment, retaliation by other incarcerated persons or staff for reporting sexual abuse and BSCC staff observed PREA signage posted sexual harassment, and staff neglect or violation of in the lobby area in compliance with the responsibilities that may have contributed to such regulation. incidents, 5890 Tulare Porterville Police Department THJ 23-24 Page 5 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved incarcerated persons, 902.3 (h) family, community members, and other interested third parties to report sexual abuse or sexual 1. Information on how to report sexual abuse harassment. The method for reporting shall be and sexual harassment on behalf of an publicly posted at the facility. ☒ ☐ ☐ individual in custody (28 CFR 115.154). BSCC staff observed PREA signage posted in the booking/holding area in compliance with the regulation. 1030 SUICIDE PREVENTION PROGRAM 425 Crisis Intervention JM 4.2 Suicide Prevention Program The facility shall have a comprehensive written suicide prevention program developed by the facility JM 1.2 Booking Procedures D. The following administrator or designee, in conjunction with the health ☒ ☐ ☐ classes of arrestees SHALL NOT be authority and mental health director, to identify, monitor, detained at the Porterville Police Department and provide treatment to those incarcerated persons who holding facility: present a suicide risk. The program shall include the following: 6. An arrestee contemplating suicide (a) Annual suicide prevention training for all custodial JM 1.7 Temporary Holding Facility Training ☒ ☐ ☐ personnel. E. Suicide Prevention (b) Intake screening for suicide risk immediately upon JM 4.2 A. Upon admitting prisoners to the intake and prior to housing assignment. holding facility, it is important to always be ☒ ☐ ☐ alert for those individuals who may exhibit signs of potential suicide. (c) Suicide prevention screening during special situations, including placement in restrictive housing, ☒ ☐ ☐ following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among 900.2 Release and/or Transfer arresting/transporting officers, facility staff, court staff, medical and mental health personnel in relation to suicide (g) Any known threat or danger the individual risk. may pose (e.g., escape risk, suicide potential, medical condition) is documented, and the documentation is transported with ☒ ☐ ☐ the individual if the individual is being sent to another facility. 1. The department member transporting the individual shall ensure such risks are communicated to the intake personnel at the other facility. (e) Housing recommendations for people at risk of suicide JM 2.5 Classification Plan C. that balance safety and environment. The least restrictive ☒ ☐ ☐ environment should be considered. (f) Supervision depending on level of suicide risk. JM 4.2 Suicide Prevention Program C. Suicides generally occur within the first eight hours of incarceration. Additional welfare checks supplementing the regular 30-minute checks should be conducted and ☒ ☐ ☐ documented in the log. The state of intoxication of a person upon incarceration greatly increases the likelihood of suicide. Again, special attention and documentation of observation are critical for intoxicated prisoners. 5890 Tulare Porterville Police Department THJ 23-24 Page 6 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) Suicide attempt and suicide intervention policies and 425 Crisis Intervention Incidents procedures. ☒ ☐ ☐ 425.3 Signs (h) Provisions for reporting suicides and suicides JM 2.3 Incident Reports ☒ ☐ ☐ attempts. (i) Multi-disciplinary administrative review of suicides and JM 2.3 Incident Reports F. attempted suicides as defined by the facility administrator, including the development of a corrective ☒ ☐ ☐ action plan to address deficiencies identified in the administrative review. (j) Provisions for follow up care as needed. JM 42. Suicide Prevention Program D. ☒ ☐ ☐ Note: Subsection (k) does not apply and has been deleted. 1032 FIRE SUPPRESSION PREPLANNING JM 2.0 Fire Suppression Preplanning 202 Emergency Management Plan Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local JM 2.0 Fire Suppression Preplanning B. fire department to be included as part of the policy and procedures manual (Title 15, California Code of An annual fire inspection will be conducted ☒ ☐ ☐ Regulations Section 1029); with the assistance of the Porterville Fire Department. This inspection shall include a test of the fire alarms and sprinkler system. (b) monthly fire prevention inspections by facility staff with JM 2.0 Fire Suppression Preplanning C. two-year retention of the inspection record; Fire prevention inspections by facility staff, aided by the Porterville Fire Department, will be conducted on a monthly basis, with a two- ☒ ☐ ☐ year retention of the inspection record. BSCC staff reviewed the past 24 months of inspections and determined the facility to be compliant with this regulation. (c) fire prevention inspections as required by Health and The current fire inspection was completed by Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ the Porterville Fire Department on 08-01- inspections at least once every two years; 2024. (d) an evacuation plan; and ☒ ☐ ☐ (e) a plan for the emergency housing of incarcerated JM 2.0 E. In the event of a fire, all inmates ☒ ☐ ☐ people in the case of fire. will be transported to the Tulare County Jail. 1044 INCIDENT REPORTS JM 2.3 Incident Reports Each facility administrator shall develop written policies 323 Report Preparation and procedures for the maintenance of written records ☒ ☐ ☐ and reporting of all incidents which result in physical The facility reported no incidents in the harm, or serious threat of physical harm, to an employee holding area in the past 24 months. If an or incarcerated person of a detention facility or other incident occurs, all reports are generated person. according to policy. Such records shall include the names of the persons involved, a description of the incident, the actions taken, ☒ ☐ ☐ and the date and time of the occurrence. 5890 Tulare Porterville Police Department THJ 23-24 Page 7 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the ☒ ☐ ☐ facility manager or designee. 1046 DEATH IN CUSTODY JM 2.3 Incident Reports F. The Patrol Division Commander, Watch (a) The facility administrator shall develop written policy Commander, and other appropriate and procedures to comply with the in-custody death command levels are responsible for reporting requirements of Government Code section immediately reviewing such reports upon 12525. The facility administrator shall submit a copy of completion. In the case of a death, or the report filed pursuant to section 12525 to the BSCC attempted suicide in the holding facility, the within 10 days of an in-custody death. following information must be included in the report(s): 1. Time of last check, who made the check, and when the victim was last known to be alive and well. ☒ ☐ ☐ 2. Time the victim was found in a crisis condition and who found the victim. 3. When was first aid started, what type of aid was administered, and by whom? 4. The time paramedics were called and the time they arrived. 5. Time the victim left the holding facility. 6. Names of paramedics, ambulance personnel, coroner’s personnel. JM 3.1 E. Inmates Deaths (Adult and Juveniles) (b) The facility administrator, in cooperation with the This regulation went into effect on July 1, health administrator, shall develop written policy and 2024, and the agency verbally advised that procedures to conduct an initial review and complete a the agency is actively revising policy to meet written report of every in-custody death within 30 days of this regulation. the death. The team that conducts the initial review shall ☒ ☐ ☐ include, at a minimum, the facility administrator or designee, the health administrator, the responsible physician and other health care, and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the JM 3.1 E. Inmates Deaths (Adult and appropriateness of clinical care; whether changes to Juveniles) ☒ ☐ ☐ policies, procedures, or practices are warranted; and to identify issues that require further study. (c) The facility administrator shall submit a copy of the This regulation went into effect on July 1, initial review report of every in-custody death to the BSCC 2024, and the agency verbally advised that within 60 days of the death. The facility administrator shall the agency is actively revising policy to meet ☒ ☐ ☐ provide a copy of the initial review report that comports this regulation. with the disclosure requirements of section 832.10 of the Penal Code. 5890 Tulare Porterville Police Department THJ 23-24 Page 8 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The initial review report shall contain the following This regulation went into effect on July 1, information: 2024, and the agency verbally advised that (1) Demographic information the agency is actively revising policy to meet (A) Full name of the decedent this regulation. (B) Date of birth (C) Date of death (D) Time of death (E) Gender (F) Race and ethnicity (G) Relevant medical history ☒ ☐ ☐ (2) Facility Information (A) Name and location of the detention facility (B) Description of the location where the death occurred within the facility (C) Date and time of the incident (D) Detention facility personnel (including names and roles) involved in the reporting of the death or incident (3) Any relevant circumstances leading up to death, including behavioral health or medical issues. (d) In any case in which a minor dies while detained in a jail, lockup, or court holding facility the BSCC may inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter within 30 calendar days of the death. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN JM 2.5 Classification Plan (a) Each administrator of a temporary holding, Type I, II, BSCC staff reviewed the facility's “booking or III facility shall develop and implement a written paperwork” which included questions classification plan designed to properly assign covering: incarcerated persons to housing units and activities according to the categories of gender identity, age, • Classification criminal sophistication, seriousness of crime charged, • Suicide physical or mental health needs, assaultive/non- • Medical assaultive behavior, risk of being sexually abused, or • Communicable diseases sexually harassed and other criteria which will provide for • Mental Health the safety of the incarcerated people and staff. Such ☒ ☐ ☐ • PREA housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments. Note: Subsection (b) does not apply and has been deleted. (c) In deciding housing and programming assignments, JM 2.5 Classification Plan the agency shall consider on a case-by-case basis 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. 5890 Tulare Porterville Police Department THJ 23-24 Page 9 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1051 COMMUNICABLE DISEASES JM 2.7 Communicable Diseases The facility administrator, in cooperation with the JM 1.2 Booking Procedure responsible physician, shall develop written policies and D. The following classes of arrestees procedures specifying those symptoms that require SHALL NOT be detained at the ☒ ☐ ☐ medical isolation of an incarcerated person until a Porterville Police Department holding medical evaluation is completed. facility: JM 4. Persons with known communicable diseases At the time of intake into the facility, an inquiry shall be A. When a prisoner is brought into the made of the person being booked as to whether the holding facility, great care is to be taken in person has or has had any communicable diseases, such screening the individual for any health or as tuberculosis or has observable symptoms of medical problems. If you suspect the tuberculosis or any other communicable diseases, or prisoner has any communicable disease other special medical problem identified by the health ☒ ☐ ☐ such as tuberculosis, hepatitis (A&B), authority. The response shall be noted on the medical venereal disease, AIDS, vermin (lice and screening from. scabies), or impetigo, he/she is to be transported to the Tulare County Jail for booking. Be sure to look for Medic-Alert tags or bracelets. 1052 BEHAVIORAL CRISIS IDENTIFICATION JM 3.0 Mentally Disordered Inmates The facility administrator, in cooperation with the JM 1.2 Booking Procedure responsible physician, shall develop written policies and D. The following classes of arrestees procedures to identify and evaluate all incarcerated ☒ ☐ ☐ SHALL NOT be detained at the people who may be in behavioral crisis. Evaluation of Porterville Police Department holding behavioral crisis may include telehealth. facility: JM 3. Mentally disturbed persons If an evaluation from medical or mental health staff is not A prisoner shall be considered mentally readily available, an incarcerated person shall be disordered if he/she appears to be a danger considered in behavioral crisis for the purpose of this to himself/herself or others, or if he/she section if they appear to be a danger to themselves or appears gravely disabled. Such a mentally others or appear gravely disabled. disordered prisoner shall not be housed at ☒ ☐ ☐ the temporary holding facility. The prisoner shall be transported to either Tulare County Mental Health or Tulare County Sheriff’s Department, at the Watch Commander’s direction. An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next ☒ ☐ ☐ daily sick call, whichever is earliest. Separation may be used if necessary, to protect the ☒ ☐ ☐ safety of the person in crisis or others. 5890 Tulare Porterville Police Department THJ 23-24 Page 10 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEPARATION JM 2.5 Classification Plan Except for Type IV facilities, facility administrators shall C. During the initial booking of each prisoner, develop and implement policies and procedures for the the prisoner will be interviewed so that a administrative separation of incarcerated people. proper classification may be made. The results will be written on the department’s classification form that will be forwarded with the report. The purpose of the form will be to identify those prisoners who are prone to escape; assault staff or other prisoners; disrupt jail operations; or are likely to need ☒ ☐ ☐ protection from other inmates. After completion of the Classification Form, determine if the inmate must be kept separate or allowed to mix with other inmates. Suppose it is determined that administrative separation is necessary for a prisoner. In that case, the prisoner will be housed in a separate cell from other prisoners with no deprivation of privileges other than those necessary to obtain the objective of protecting inmates and staff. Policies and procedures must include: (a) Administrative separation may consist of separate housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of ☒ ☐ ☐ protecting the welfare of incarcerated people and facility staff. Note: Subsections (b) through (e) do not apply and have been deleted. 1055 USE OF SAFETY CELL The Porterville Police Department Temporary Holding facility does not have The safety cell described in Title 24, Part 2, Section cells described in the regulation. 1231.2.5, shall be used to hold only those people who ☐ ☐ ☒ display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate ☐ ☐ ☒ authority to place an incarcerated person in a safety cell to a physician. Policies and procedures shall include, but not be limited to: (a) In no case shall the safety cell be used for punishment ☐ ☐ ☒ or as a substitute for treatment. (b) A person shall be placed in a safety cell only with the approval of the facility manager or designee, or ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every four hours. (c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be ☐ ☐ ☒ medically cleared for continued retention, referral to advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter. 5890 Tulare Porterville Police Department THJ 23-24 Page 11 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on ☐ ☐ ☒ placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement. (e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute ☐ ☐ ☒ lapse between safety checks. Such observation shall be documented. (f) Procedures shall be established to assure ☐ ☐ ☒ administration of necessary nutrition and fluids. (g) People placed in the safety cell shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal ☐ ☐ ☒ privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL The Porterville Police Department Temporary Holding facility does not have The sobering cell described in Title 24, Part 2, Section cells described in the regulation. ☐ ☐ ☒ 1231.2.4, shall be used for temporary holding of incarcerated people who are a threat to their own safety or the safety of others due to their state of intoxication. A person shall be removed from the sobering cell as soon as they are able to continue the admission process or are ☐ ☐ ☒ no longer a risk to themselves or others. In no case shall a person remain in a sobering cell over six hours without an evaluation by medical or custody staff to determine whether the person has an urgent ☐ ☐ ☒ medical problem, pursuant to section 1213 of these regulations. At 12 hours from the time of placement, all persons must ☐ ☐ ☒ receive an evaluation by responsible health care staff. Intermittent direct visual observation of people held in the sobering cell shall be conducted no less than every half ☐ ☐ ☒ hour. Such observation shall be documented. 1057 DEVELOPMENTAL DISABILITIES JM 1.2 Booking Procedure D. The following classes of arrestees SHALL The facility administrator, in cooperation with the NOT be detained at the Porterville Police responsible physician, shall develop written policies and Department holding facility: procedures for the identification and evaluation, appropriate classification and housing, protection, and 7. Developmentally disabled or handicapped nondiscrimination of all incarcerated persons with persons developmental disabilities. ☒ ☐ ☐ JM 3.1 Developmentally Disabled Inmates A. Prisoners shall be considered developmentally disabled if they are disabled due to mental retardation, cerebral palsy, epilepsy, autism, or a combination of these handicaps. 5890 Tulare Porterville Police Department THJ 23-24 Page 12 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The health authority or designee shall contact the JM 3.1 Developmentally Disabled Inmates regional center for any incarcerated person suspected or B. If a prisoner is determined to be confirmed to have a developmental disability for the developmentally disabled, the prisoner shall purposes of diagnosis or treatment within 24 hours of not be booked or lodged at the temporary ☒ ☐ ☐ such determination, excluding holidays and weekends. holding facility. The prisoner shall be transported or released to the Central Valley Regional Center or transported to the Tulare County Sheriff’s Department for booking. 1058 USE OF RESTRAINT DEVICES 302 Handcuffing and Restraints JM 3.2 Use of Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop and implement The agency uses padded belts and cuffs in written policies and procedures for the use of restraint addition to handcuffs and ankle cuffs. The devices. Restraint devices include any devices which agency does not utilize a restraint chair or immobilize extremities or prevent the incarcerated person ☐ ☐ ☒ WRAP device. from being ambulatory. The provisions of this section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: ☐ ☐ ☒ (1) acceptable restraint devices; (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. 5890 Tulare Porterville Police Department THJ 23-24 Page 13 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 shall be video recorded unless exigent circumstances prevent staff from doing so. The ☐ ☐ ☒ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1058.5 RESTRAINTS AND PREGNANT PERSONS JM 1.2 Booking Procedure D. The following classes of arrestees SHALL The facility administrator, in cooperation with the NOT be detained at the Porterville Police responsible physician, shall develop written policies and Department holding facility: procedures for the use of restraint devices on pregnant people. In accordance with Penal Code Section 3407, the 1. Pregnant or lactating females policy shall include reference to the following: ☐ ☐ ☒ JM 3.2 Use of Restraint Devices C. All pregnant females within the facility needing restraints shall be restricted to handcuffs only. Handcuffs shall only be placed on the front of the pregnant prisoner. 302.3.2 Restraint of Pregnant Persons (1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the ☐ ☐ ☒ pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during No person who is in labor, delivery, or delivery, or in recovery after delivery or termination of recovery after delivery shall be handcuffed or the pregnancy, shall not be restrained by the wrists, restrained except in extraordinary ankles, or both, unless deemed necessary for the circumstances and only when a supervisor ☐ ☐ ☒ safety and security of the incarcerated person, the makes an individualized determination that staff, or the public. such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). (3) Restraints shall be removed when a professional who is currently responsible for the medical care of an incarcerated pregnant person during a medical ☐ ☐ ☒ emergency, labor, delivery, or recovery after delivery or termination of the pregnancy determines that the removal of restraints is medically necessary. 5890 Tulare Porterville Police Department THJ 23-24 Page 14 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) Upon confirmation of an incarcerated person’s pregnancy, they shall be advised, orally or in writing, ☐ ☐ ☒ of the standards and policies governing incarcerated pregnant people. 1067 ACCESS TO TELEPHONE JM 3.3 Access to Telephone The facility administrator shall develop written policies 337 Hearing Impaired/Disabled and procedures which allow access to a telephone or Communications 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 JM 3.4 Access to the 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: (b) confidential consultation with attorneys. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY ACTIONS JM 3.5 Plan for Inmate Discipline Discipline will not be administered in this Wherever discipline is administered, each facility facility. If a prisoner violates a law while in administrator shall establish written rules and disciplinary custody, the additional charges should be actions to guide the conduct of incarcerated persons. added to the original crime report. If the ☐ ☐ ☒ prisoner violates a rule of the holding facility, Notes: If discipline IS NOT administered, written policy the officer shall write a brief incident report, should indicate as such. If discipline IS administered, and if the prisoner is transferred to Tulare Sections 1080, 1081, 1082, 1083 and 1084 apply. County Jail, a copy of that incident report should be sent with the prisoner. 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. 5890 Tulare Porterville Police Department THJ 23-24 Page 15 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR DISCIPLINE OF INCARCERATED JM 3.5 Plan for Inmate Discipline PERSONS Discipline will not be administered in this facility. If a prisoner violates a law while in Each facility administrator shall develop written policies custody, the additional charges should be and procedures for discipline of incarcerated persons. added to the original crime report. If the The plan shall include, but not be limited to, the following prisoner violates a rule of the holding facility, elements: ☐ ☐ ☒ the officer shall write a brief incident report, (a) Temporary Loss of Privileges: For minor acts of non- and if the prisoner is transferred to Tulare conformance or minor violations of facility rules, staff may County Jail, a copy of that incident report impose a temporary loss of privileges, such as access to should be sent with the prisoner. television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing ☐ ☐ ☒ by the staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and disciplinary authority shall be designated as a disciplinary officer to ☐ ☐ ☒ impose such consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes: ☐ ☐ ☒ 1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person. 2. Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been ☐ ☐ ☒ informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause. 3. The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The ☐ ☐ ☒ incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been ☐ ☐ ☒ informed of the charge(s) in writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and ☐ ☐ ☒ the action taken shall be reviewed by the facility manager or designee. 5890 Tulare Porterville Police Department THJ 23-24 Page 16 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The incarcerated person shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the ☐ ☐ ☒ disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. 1082 FORMS OF DISCIPLINE JM 3.5 Plan for Inmate Discipline Discipline will not be administered in this The degree of actions taken by the disciplinary officer facility. If a prisoner violates a law while in shall be directly related to the severity of the rule custody, the additional charges should be infraction and promotion of desired behavior through a added to the original crime report. If the progressive disciplinary process. Acceptable forms of prisoner violates a rule of the holding facility, discipline shall consist of, but not be limited to, the the officer shall write a brief incident report, following: and if the prisoner is transferred to Tulare (a) Loss of privileges. ☐ ☐ ☐ County Jail, a copy of that incident report (b) Extra work detail. should be sent with the prisoner. (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 JM 3.5 Plan for Inmate Discipline Discipline will not be administered in this The Penal Code and the State Constitution expressly facility. If a prisoner violates a law while in prohibit all cruel and unusual punishment. Disciplinary custody, the additional charges should be actions shall not include corporal punishment, group added to the original crime report. If the punishment when feasible, or physical or psychological prisoner violates a rule of the holding facility, degradation. ☐ ☐ ☒ the officer shall write a brief incident report, and if the prisoner is transferred to Tulare Additionally, there shall be the following limitations: County Jail, a copy of that incident report (a) Disciplinary separation shall be considered an option should be sent with the prisoner. 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 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a ☐ ☐ ☒ consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (2) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day ☐ ☐ ☒ except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 5890 Tulare Porterville Police Department THJ 23-24 Page 17 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) If after placement in separation, mental health or medical staff determine that an individual has serious mental illness or an intellectual disability, they shall ☐ ☐ ☒ be removed from disciplinary separation immediately upon this determination. (b) The delegation of authority to any incarcerated person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group ☐ ☐ ☒ of incarcerated people. Note: PC § 4019.5. (c) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (d) No incarcerated person may be deprived of the implements necessary to maintain an acceptable level of ☐ ☐ ☒ personal hygiene as specified in Section 1265 of these regulations. (e) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (f) Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case ☐ ☐ ☒ correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager. (g) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS JM 3.5 Plan for Inmate Discipline Discipline will not be administered in this Penal Code Section 4019.5 requires that a record is kept facility. If a prisoner violates a law while in of all disciplinary actions administered therefore. This custody, the additional charges should be requirement may be satisfied by retaining copies of rule added to the original crime report. If the ☐ ☐ ☒ violation reports and report of the disposition of each. prisoner violates a rule of the holding facility, the officer shall write a brief incident report, and if the prisoner is transferred to Tulare County Jail, a copy of that incident report should be sent with the prisoner. 1270 STANDARD BEDDING AND LINEN ISSUE The agency based on their practice does not hold anyone in the facility for more than six The standard issue of clean suitable bedding and linens, hours. The cells do not have bunks. for each incarcerated person entering a living area who ☐ ☐ ☒ is expected to remain overnight, shall include, but not be limited to: (a) one serviceable mattress which meets the requirements of Section 1272 of these regulations; (b) one mattress cover or one sheet; ☐ ☐ ☒ (d) one blanket or more depending up on climatic ☐ ☐ ☒ conditions. Policy and procedure shall require that items (a), (b), and ☐ ☐ ☒ (d) above be provided prior to the first night in the facility. Two blankets or sleep bag may be issued in place of one mattress cover or one sheet at the request of the ☐ ☐ ☒ incarcerated person. 5890 Tulare Porterville Police Department THJ 23-24 Page 18 of 24 A351 TH PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Temporary Holding facilities which hold persons longer than 12 hours shall provide an incarcerated person with bedding and linen that meet the requirements of (a), (b) ☐ ☐ ☒ and (d) above prior to their first night in the facility and every night thereafter. 1280 FACILITY SANITATION, SAFETY, AND 900.3 Assigned Administrator MAINTENANCE Annual review and evaluation of security The facility administrator shall develop written policies measures including internal and external and procedures for the maintenance of an acceptable security measures, sanitation, safety, and ☒ ☐ ☐ level of cleanliness, repair, and safety throughout the maintenance (15 CCR 1280). facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and BSCC staff found the facility maintained correct unsanitary or unsafe conditions or work practices clean and in working order. which may be found. 5890 Tulare Porterville Police Department THJ 23-24 Page 19 of 24 A351 TH PRO eff. 07.01.24 DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Are minors held in jail cells? If YES, see the remaining document for Title 15, Article 9 inspection. Penal Code Sections 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in temporary custody in the jail. ☒ ☐ ☐ Facilities that do not hold minors in the jail cells are not subject to Title 15, Article 9 biennial inspections; however, if minors are held in the building, they may be subject to the requirements of Welfare and Institutions Code section 207.1. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR 313.12 Suicide Attempt, Death, or Serious IN AN ADULT DETENTION FACILITY Injury of a Juvenile The facility administrator shall develop policy and ☒ procedures for notification of the court of jurisdiction and ☐ ☐ the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 313 Temporary Custody of Juveniles The facility administrator shall develop written policies ☒ 313.12 Suicide Attempt, Death, or Serious and procedures concerning minors being held in ☐ ☐ Injury of a Juvenile temporary custody which shall address: (a) suicide risk and prevention; (b) use of restraints; ☒ 313.9 Use of Restraint Devices ☐ ☐ (c) emergency medical assistance and services; and ☒ 313.3.1 Emergency Medical Care of ☐ ☐ Juveniles in Custody (d) prohibiting use of discipline. 313.8 Temporary Custody Requirements ☒ (o) No discipline may be administered to any ☐ ☐ juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse (15 CCR 1142). 1143 CARE OF MINORS IN TEMPORARY 313.8 Temporary Custody Requirements CUSTODY ☒ ☐ (e) Juveniles shall have reasonable access (a) The following shall be made available to all minors ☐ to toilets and wash basins (15 CCR 1143). held in temporary custody: (1) access to toilets and washing facilities; (2) one snack during term of temporary custody if (g) Food shall be provided if a juvenile has the minor has not eaten within the past four (4) not eaten within the past four hours or is hours or is otherwise in need of appropriate ☒ otherwise in need of nourishment, including ☐ ☐ nourishment; any special diet required for the health of the juvenile (15 CCR 1143). (3) access to drinking water; (h) Juveniles shall have reasonable access ☒ to a drinking fountain or water (15 CCR ☐ ☐ 1143). (4) access to language services; ☒ (p) Juveniles shall have access to language ☐ ☐ services (15 CCR 1143). (5) access to disabilities services; ☒ (q) Juveniles shall have access to disability ☐ ☐ services (15 CCR 1143). 5890 Tulare Porterville Police Department THJ 23-24 Page 20 of 24 A351 TH PRO eff. 07.01.24 (6) sanitary napkins, panty liners, and tampons as (f) Juveniles shall be provided sanitary requested; ☒ napkins, panty liners, and tampons as ☐ ☐ requested (15 CCR 1143). (7) privacy during consultation with family, guardian, (j) Juveniles shall have privacy during and/or lawyer; ☒ family, guardian, and/or lawyer visits (15 ☐ ☐ CCR 1143). (8) blankets and clothing, as necessary, to assure (l) Blankets shall be provided as reasonably the comfort of the minor; and ☒ necessary (15 CCR 1143). ☐ ☐ 1. The supervisor should ensure that there is an adequate supply of clean blankets. (9) personal clothing unless the clothing is (k) Juveniles shall be permitted to remain in inadequate, presents a health or safety problem, or their personal clothing unless the clothing is is required to be utilized as evidence of an offense. ☒ taken as evidence or is otherwise unsuitable ☐ ☐ or inadequate for continued wear while in custody (15 CCR 1143). (b) Upon entry, the minor shall be informed in writing of While held in temporary custody, juveniles what is available under this section, and it shall be shall be informed in writing of what is posted in at least one conspicuous place to which ☒ available to them pursuant to 15 CCR 1143 minors have access. ☐ ☐ and it shall be posted in at least one conspicuous place to which they have access (15 CCR 1143). 1144 CONTACT BETWEEN MINORS AND 313.7 No-Contact Requirements INCARCERATED ADULTS ☒ The facility administrator shall establish policies and ☐ ☐ procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may 313.7 No-Contact Requirements occur, such as booking or facility movement, facility staff (trained in the supervision of incarcerated people) shall ☒ ☐ ☐ maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 313.6 Juvenile Custody Logs A minor who is taken into temporary custody by a peace (h) Circumstances that justify any secure officer on the basis that they are a person described by custody (Welfare and Institutions Code § Section 602 of the Welfare and Institutions Code may 207.1; 15 CCR 1145). be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years 313.11 Secure Custody of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk BSCC staff reviewed secure detention logs of harm to self or others, as long as all other conditions dating back to April of 2023 and determined of secure custody set forth in these standards are met. ☒ ☐ ☐ the agency was compliant with this Any minor in temporary custody who is less than 14 regulation. years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Note: Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents 313.11 (a) Age, maturity, and delinquent a serious security risk of harm to self or others, the ☒ history officer may take into account the following factors: ☐ ☐ (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was ☒ 313.11 (b) Severity of offense for which the taken into custody; ☐ ☐ juvenile was taken into custody 5890 Tulare Porterville Police Department THJ 23-24 Page 21 of 24 A351 TH PRO eff. 07.01.24 (c) minor's behavior, including the degree to which the ☒ 313.11 (c) The juvenile offender’s behavior minor appears to be cooperative or non-cooperative; ☐ ☐ (d) the availability of staff to provide adequate 313.11 (d) Availability of staff to provide supervision or protection of the minor; and ☒ adequate supervision or protection of the ☐ ☐ juvenile offender (e) the age, type, and number of other individuals who ☒ 313.11 (e) Age, type, and number of other are detained in the facility. ☐ ☐ individuals in custody at the facility 1146 CONDITIONS OF SECURE CUSTODY 313.11 Secure Custody While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cuffing rail, ☒ ☐ ☐ or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 313.11 Secure Custody CUSTODY INSIDE A LOCKED ENCLOSURE 313.11.1 Locked Enclosures (a) The juvenile (a) Minors shall receive adequate supervision which, at ☒ shall constantly be monitored by an ☐ ☐ a minimum, includes: audio/video system during the entire custody. (1) constant auditory access to staff by the minor; and (2) safety checks, as defined in Section 1006, of the 313.11.1 Locked Enclosures minor by staff of the law enforcement facility, at least (d) Unscheduled safety checks to provide once every 30 minutes, which shall be documented. for the health and welfare of the juvenile by a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15 CCR 1151). ☒ ☐ ☐ 1. All safety checks shall be logged. 2. The safety check should involve questioning the juvenile as to the juvenile's well-being (sleeping juveniles or apparently sleeping juveniles should be awakened). 3. Requests or concerns of the juvenile should be logged. (b) Minors of different genders shall not be placed in the 313.11.1 Locked Enclosures same locked room unless under constant direct visual ☒ ☐ (e) Juveniles of different genders shall not observation by staff of the law enforcement facility. ☐ be placed in the same locked room (15 CCR 1147). 1148 SUPERVISION OF MINORS IN SECURE 313.11 Secure Custody CUSTODY OUTSIDE OF A LOCKED Juveniles shall not be secured to a ENCLOSURE stationary object for more than 60 minutes. ☒ Supervisor approval is required to secure a Minors held in secure custody outside of a locked ☐ ☐ juvenile to a stationary object for longer than enclosure shall not be secured to a stationary object for 60 minutes and every 30 minutes thereafter more than 60 minutes unless no other locked enclosure (15 CCR 1148). Supervisor approval should is available. be documented. A staff person from the facility shall provide constant 300.11 Secure Custody direct visual observation to assure the minor's safety ☒ An employee must be present at all times to while secured to a stationary object. ☐ ☐ ensure the juvenile's safety while secured to a stationary object (15 CCR 1148). 5890 Tulare Porterville Police Department THJ 23-24 Page 22 of 24 A351 TH PRO eff. 07.01.24 Securing minors to a stationary object for longer than 60 313.11 Secure Custody minutes, and every 30 minutes thereafter, shall be Juveniles shall not be secured to a approved by a supervisor. stationary object for more than 60 minutes. ☒ Supervisor approval is required to secure a ☐ ☐ juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter (15 CCR 1148). Supervisor approval should be documented. The decision for securing a minor to a stationary object 313.11 Secure Custody for longer than 60 minutes, and every 30 minutes The decision for securing a minor to a thereafter shall be based upon the best interests of the ☒ ☐ stationary object for longer than 60 minutes minor and shall be documented. ☐ and every 30 minutes thereafter shall be based upon the best interests of the juvenile offender (15 CCR 1148). 1149 CRITERIA FOR NON-SECURE CUSTODY 313.11 Secure Custody Juveniles shall not be secured to a Minors held in temporary custody, who do not meet the stationary object for more than 60 minutes. criteria for secure custody as specified in Section Supervisor approval is required to secure a 207.1(b) of the Welfare and Institutions Code, may be ☒ juvenile to a stationary object for longer than held in non- secure custody to investigate the case, ☐ ☐ 60 minutes and every 30 minutes thereafter facilitate release of the minor to a parent or guardian, or (15 CCR 1148). Supervisor approval should arrange for transfer of the minor to an appropriate be documented. juvenile facility. While minors are held in temporary non- secure custody the provisions of Section 1143 apply. 1150 SUPERVISION OF MINORS IN NON- 313.6 Juvenile Custody Logs SECURE CUSTODY (b) Date and time of arrival and release from the Porterville Police Department (15 CCR Minors held in non-secure custody shall receive 1150). constant direct visual observation by staff of the law enforcement facility. Entry and release times shall be 313.1.1 Definitions documented and made available for review. Monitoring Non-secure custody - When a juvenile is a minor using audio, video, or other electronic devices held in the presence of an officer or other shall never replace constant direct visual observation. custody employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non-secure ☒ custody may be handcuffed but not to a ☐ ☐ stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication, is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1; 15 CCR 1150). BSCC staff review non-secure custody logs dating back to April 2023 and determine the agency's complaint with this regulation. 5890 Tulare Porterville Police Department THJ 23-24 Page 23 of 24 A351 TH PRO eff. 07.01.24 1151 MINORS UNDER THE INFLUENCE OF ANY 313.3 Juveniles Who Should Not Be Held INTOXICATING SUBSTANCE IN SECURE (d) Significantly intoxicated except when OR NON-SECURE CUSTODY approved by the Watch Commander. A medical clearance shall be obtained for Facility administrators shall develop policies and minors who are under the influence of procedures providing that a medical clearance shall be drugs, alcohol, or any other intoxicating obtained for minors who are under the influence of substance to the extent that they are unable drugs, alcohol, or any other intoxicating substance to the ☒ to care for themselves (15 CCR 1151). ☐ ☐ extent that they are unable to care for themselves, prior to secure or non-secure custody of that minor. Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151). Supervision of minors in secure custody in a locked room shall include safety checks at least once every 15 minutes until resolution of the intoxicated state or ☒ ☐ ☐ release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room shall be supervised in accordance with ☒ ☐ ☐ Section 1148. Supervision of minors in nonsecure custody shall be ☒ ☐ ☐ supervised in accordance with Section 1150. 5890 Tulare Porterville Police Department THJ 23-24 Page 24 of 24 A351 TH PRO eff. 07.01.24 BOARD OF STATE AND COMMUNITY CORRECTIONS COMPREHENSIVE INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5890 FACILITY: Porterville Police Department TYPE: THJ RC: 0 FIELD REPRESENTATIVE: James Peak DATE: 07-18-2024 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Note: These are dry cells. There is one bathroom consisting of a toilet and a wash basin that is accessible. There is a fountain in the main hallway of the booking area. The area includes an interview room. Booking Holding 1986 1 1 4 (4) 8.8 x 4.8 x 9.9 Booking Holding 1986 1 1 4 (4) 8.8 x 4.8 x 9.9 Booking Holding 1986 1 1 4 (4) 8.8 x 4.8 x 9.9 Booking Holding 1986 1 1 4 (4) 8.8 x 4.8 x 9.9 Comments: Lack of water closet permitted by applicable code. *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. 5890 Tulare Porterville Police Department THJ 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: 1/78 BSCC Code: 5890 FACILITY NAME: Porterville Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1986 FIELD REPRESENTATIVE: James Peak DATE: 07-18-2024 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) 0B X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 X hours) Weapons Locker (3.12) External to the security area and equipped with X individual compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) 01: name change to “Sobering Cell” X Limited to no more than 8 inmates Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) X Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet X Limited to no more than one inmate X 5890 Tulare Porterville Police Department THJ PHY 23-24 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Contain flush ring toilet (flush with floor) with controls located outside the cell X Padded floor, door and walls X Equipped with variable intensity, security light, with controls located outside the cell X Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell door (Facility planned or constructed prior to 8-86) X Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which X must be in the door (Facility planned or constructed after 8-86; See regulations for later changes)) Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at X least 30 inches above the floor Shower-Delousing Room (3.4) 1B X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) X For facilities planned or constructed after 8-86 5890 Tulare Porterville Police Department THJ PHY 23-24 - 2 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 5890 Tulare Porterville Police Department THJ PHY 23-24 - 3 - A370 PHY CH-TH 1-78.dot (03/01)