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Tuolumne Sheriff's Office (2023-2024 inspection cycle)

Board of State and Community Corrections · inspection-5957-2023-2024 · Facility inspection · 2024-07-29 · Tuolumne Sheriff's Office

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July 29, 2024 David L. Vasquez, Sheriff-Coroner 28 N. Lower Sunset Drive Sonora, CA 95370 2023-2024 COMPREHENSIVE INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, SONORA COURT HOLDING DETENTION FACILITY Dear Sheriff Vasquez: The 2023-2024 Comprehensive Inspection of the Tuolumne County Sheriff's Office operation of the Sonora court holding has been completed. A pre-inspection briefing was held on Tuesday, April 9, 2024, and the following facility was inspected on Monday, June 17, 2024: FACILITY NAME BSCC # FACILITY TYPE Tuolumne Superior Court - Sonora Courthouse 5957 CHJ This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition to the inspection(s) by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). The results of those inspections are considered a part of this report. INSPECTION RESULTS We identified no items of noncompliance with Title 15 or Title 24 Minimum Standards. For detailed information, refer to the attached Procedures Checklist, Physical Plant Evaluation, and Living Area Space Evaluation. An out brief with you and your staff was held on Tuesday, June 18, 2024; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. BSCC staff specifically addressed the removal of handcuff rings from benches located in court holding cells. * * * Please email me at dale.miller@bscc.ca.gov or call (916) 956-3679 if you have any questions. David L. Vasquez Sheriff-Coroner Page 2 Sincerely, DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Tuolumne County Superior Court* Chair, Grand Jury, Tuolumne County* Chair, Board of Supervisors, Tuolumne County* County Administrator, Tuolumne County* Lieutenant Hurtado, Jail Commander, *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 5957 Tuolumne Sonora Courthouse LTR CHJ 23-24 COURT HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5957 FACILITY NAME: Tuolumne County Superior Court Sonora Courthouse FACILITY TYPE: CHJ PERSON(S) INTERVIEWED: Lieutenant Nikiforuk, Lieutenant Hurtado, Sergeant Rogers, and Assistant Chief Arndt (Probation Department) FIELD REPRESENTATIVE: Dale Miller and Robert Gardner DATE: June 17, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 1024 COURT HOLDING AND TEMPORARY HOLDING FACILITY TRAINING Manual (CM) contains policy 1500, Court Holding Transportation (CHT) At a minimum, all supervisors of and personnel who supervise incarcerated persons in a Court Holding or Custodial personnel who supervise inmates Temporary Holding facility shall complete eight hours of in, and supervisors of, a Court Holding or specialized corrections training. Such training shall Temporary Holding facility shall complete include, but not be limited to: eight hours of specialized corrections training. (a) applicable minimum jail standards; Such training shall include, but not be limited (b) jail operations liability; to: (c)separation of incarcerated persons; a) applicable minimum jail standards; (d) emergency procedures and planning, fire and life b) jail operations liability; safety; and, c) inmate separation (e) suicide prevention; d) emergency procedures and planning, fire (f) de-escalation; and life safety; and, (g) juvenile procedures; e) suicide prevention; (h) racial bias; and, f) de-escalation; (i) mental illness. g) juvenile procedures; h) racial bias; and, Note: Each agency shall determine if additional training i) mental illness is needed based upon, but not limited to, the complexity of the facility, the number of people incarcerated, the employees' level of experience and training, and other relevant factors. Such training shall be completed as soon as practical, but CHT B - Training shall be completed as soon in any event not more than six months after the date of as practical, but in any event not more than assigned responsibility. Successful completion of Core six months after the date of assigned training or supplemental Core training, pursuant to responsibility, or the effective date of this Section 1020, Corrections Officer Core Course, may be regulation. Successful completion of Core substituted for the initial eight hours of training. training or supplemental Core training may be substituted for the initial eight hours of training. A total of eight hours of refresher training shall be CHT B completed every two years. Successful completion of the requirements in Section 1025, Continuing Professional BSCC staff confirm that the Jail Correctional Training may be substituted for the eight-hour refresher. personnel maintain supervision of all inmates in the court holding. BSCC STC found Tuolumne County compliant with 22-23 training requirements. 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. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 1 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 1027 NUMBER OF PERSONNEL CM 216 Staffing Plan CM 2163 Staffing Plan Requirements 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 CHT 1500.3 Holding Deputy least one employee on duty at all times in a local a) Whenever an inmate is held in one of the detention facility or in the building which houses a local courts holding areas, a deputy shall be detention facility who shall be immediately available and immediately available and accessible to the accessible to incarcerated people in the event of an inmate(s) in the event of an emergency. emergency. Such an employee shall not have any other duties which BSCC staff found that it appears there are would conflict with the supervision and care of adequate personnel on duty for this court and incarcerated people in the event of an emergency. operation. Whenever one or more females are in custody, there CM 200.3 Supervision of Inmates shall be at least one female employee who shall be immediately available and accessible to such females. At least one staff member of the same sex as the inmates should be on-duty and available Note: Reference PC § 4021. to the inmates. In practice, if there is a female in the court holding, a female transportation deputy will stay in the court with her. In order to determine if there is a sufficient number of BSCC staff reviewed staffing and safety personnel for a specific facility, the facility administrator checks to determine compliance. Because shall prepare and retain a staffing plan indicating the this court is next to the county jail, personnel personnel assigned in the facility and their duties. Such a from the county jail supervise those persons staffing plan shall be reviewed by the Board staff at the detained in the county holding. It appears time of their biennial inspection. The results of such a there is adequate personnel for this operation. review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS CM 504.3 Safety Checks (c) Safety checks shall be done by personal The facility administrator shall develop and implement observation of the deputy and shall be policy and procedures for conducting safety checks that sufficient to determine whether the inmate is include, but are not limited to, the following: experiencing any stress or trauma. (a) Safety checks will determine the safety and well-being of individuals and shall be conducted at least hourly BSCC staff reviewed 2024 safety checks for through direct visual observation of all people held and the court holding. All checks were recorded in housed in the facility. the Jail Management System and meet the requirements of this section. (b) There shall be no more than a 60-minute lapse CHT G.1. Hourly safety checks require between safety checks. documented direct visual supervision of all inmates at least once every hour. (c) Safety checks for people in sobering cells, safety cells, There are no sobering or safety cells in this and restraints shall occur more frequently as outlined in facility. Persons are not held in restraints in section 1055, section 1056, and section 1058 of these this facility. regulations. (d) Safety checks shall occur at random or varied CM 504.3 Safety Checks intervals. (b) Safety checks shall be conducted on an irregular schedule (staggered) so that inmates cannot predict when the checks will occur. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 2 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (e) There shall be a written plan that includes the CM 504.3 documentation of all safety checks. Documentation shall (f) Actual times of the checks and notations include: should be recorded on the daily activity logs. (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check Checks are recorded in the Jail Management occurred, such as a cell, module, or dormitory system and specify the court cells. number; and (3) Initials or employee identification number of staff numbers are recorded who completed the safety check(s). with the checks. (f) A documented process by which safety checks are BSCC staff verified that supervisors regularly reviewed at regular defined intervals by a supervisor or review checks and confirm compliance. facility manager, including methods of mitigating patterns of inconsistent documentation, or untimely completion of, safety checks. 1028 FIRE AND LIFE SAFETY STAFF CHT B. Training All personnel receiving training on Fire and Whenever there is a person in custody, there shall be at Life Safety. least one person on duty at all times who meets the training standards established by the Board for general fire and life safety. [Penal Code section 6030(c)]. The facility manager shall ensure that there is at least one Court and Jail personnel are all trained and person on duty who trained in fire and life safety regularly exercise evacuation drills. procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL2 Tuolumne County Manual (CM) contains policy 1500, Court Facility administrator(s) shall develop and publish a Holding Transportation (CHT) manual of policy and procedures for the facility. The policy and procedures manual shall address all The manual was last updated, reviewed, or applicable Title 15 and Title 24 regulations and shall be published on January 5, 2024. 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. Subsection (d) does not apply and has been deleted. (a) The manual shall provide for, but not be limited to, the CM 218 Organizational Function following: (1) Table of organization, including channels of communications. (2) Inspections and operations reviews by the facility CM 102.2 Jail Commander Responsibilities administrator/manager. CM 209 Administrative and Supervisory Inspections (3) Policy on the use of force that meets current state and federal legal requirements and includes Manual (PM) prohibition of the use of carotid restraint and choke PM 300 Use of Force holds. PM 300.3.7 Restriction on the Use of Choke Holds (4) Policy on the use of restraint equipment, including CM 511 Use of Restraints the restraint of pregnant persons as referenced in CM 511.8 Pregnant Incarcerated Persons Penal Code Section 3407. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 3 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (6) Security and control including physical counts and Physical counts, searches, contraband searches of the facility and incarcerated persons, control, and key control are documented in contraband control, and key control. the automatic jail management system. Each facility administrator shall, at least annually, review, evaluate, and make a record of security BSCC staff requested to review the measures. The review and evaluation shall include internal and external security measures of the facility assessment was completed on May 30, 2024. including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: (A) fire suppression preplan as required by section 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; (C) mass arrests; PM 467.5.2 Operational Plans (D) natural disasters; (E) periodic testing of emergency equipment; and (F) storage, issue, and use of weapons, ammunition, chemical agents, and related security devices. (8) Suicide Prevention. CM 718 Suicide Prevention and Intervention (9) Separation of incarcerated persons. CM 1500.3.A.1. Holding Deputy (10) Zero tolerance in the prevention of sexual abuse PM 902.2 Policy and sexual harassment. Tuolumne County Sheriff's Office has zero tolerance toward all forms of sexual abuse and sexual harassment. (11) Policy and procedure to detect, prevent, and PM 902 Prison Rape Elimination respond to retaliation against any staff or person after CM 606 Prisoner Rape Elimination Act reporting any abuse. (12) Release policy, including release planning for CM 518 End of Term Release incarcerated persons. (c) The manual for court holding facilities shall include all of the procedures listed in subsection (a), except number (5) (which has been deleted). (e) The manual for Temporary Holding, Court Holding, PM 902.3 PREA Coordinator Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: BSCC staff confirmed that signs informing (1) multiple internal ways for incarcerated people to personnel and persons in custody of how to privately report sexual abuse and sexual report sexual assault and sexual harassment harassment, retaliation by other incarcerated are posted in the holding area. persons or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved incarcerated persons, PM 902.3 family, community members, and other interested third parties to report sexual abuse or sexual BSCC staff confirmed that signs informing the harassment. The method for reporting shall be public of how to report sexual assault and publicly posted at the facility. sexual harassment are posted in the lobby area. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 4 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 1030 SUICIDE PREVENTION PROGRAM CM 718 Suicide Prevention and Intervention CM 718.2 Policy The facility shall have a comprehensive written suicide prevention program developed by the facility administrator or designee, in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those incarcerated persons who present a suicide risk. The program shall include the following: (a) Annual suicide prevention training for all custodial CM 718.4 Staff Training personnel. (b) Intake screening for suicide risk immediately upon CM 718.5 Screening and Intervention intake and prior to housing assignment. (c) Suicide prevention screening during special Special situations may arise where a situations, including placement in restrictive housing, screening and intervention is appropriate for following a hearing, and after a transfer or change in an incarcerated person when the person is classification. placed in restrictive housing, following a hearing, and after a transfer or change in classification. (d) Provisions facilitating communication among CM 718.4 Staff Training arresting/transporting officers, facility staff, court staff, medical and mental health personnel in relation to suicide risk. (e) Housing recommendations for people at risk of suicide CM 718.6 Suicide Watch that balance safety and environment. The least restrictive environment should be considered. (f) Supervision depending on level of suicide risk. Persons are returned to County Jail. (g) Suicide attempt and suicide intervention policies and CM 718.6.1 Intervention procedures. (h) Provisions for reporting suicides and suicides CM 513 Reporting In-Custody Deaths attempts. CM 718.6.2 Notification (i) Multi-disciplinary administrative review of suicides and CM 513.5 In-Custody Death Review 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. CM 718.7 Follow-up (k) Plan for mental health consultation following return All changes in incarcerated person status from court as determined by the mental health director. should be reported to the qualified health care professional to ensure the person receives appropriate care. 1032 FIRE SUPPRESSION PREPLANNING CM 402 Fire Safety 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 fire department to be included as part of the policy and procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff BSCC staff reviewed two years of staff basis with two-year retention of the inspection record; conducted Fire and Life Safety inspections. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 5 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (c) fire prevention inspections as required by Health and The State Fire Marshal conducted an Safety Code Section 13146.1(a) and (b) which requires inspection of the court on June 27, 2023. inspections at least once every two years; (d) an evacuation plan; and Evacuation routes are posted. (e) a plan for the emergency housing of incarcerated Persons will be moved back to the jail next people in the case of fire. door. 1044 INCIDENT REPORTS CM 206 Report Preparation CM 206.3 Required Reporting Each facility administrator shall develop written policies and procedures for the maintenance of written records and reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or incarcerated person of a detention facility or other person. Such records shall include the names of the persons BSCC staff requested to review all reported involved, a description of the incident, the actions taken, incidents from the court detention areas in the and the date and time of the occurrence. last year. BSCC staff reviewed three reports that all meet the requirements of this section. Such a written record shall be prepared by the staff CM 206.4 General Policy of Expeditious assigned to investigate the incident and submitted to the Reporting facility manager or designee. 1046 DEATH IN CUSTODY CM 513 Reporting In-Custody Deaths CM 513.5 In-Custody Death Review (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health The in-custody death review should be administrator, shall develop written policy and initiated as soon as practicable but no later procedures to ensure that there is an initial review of than 30 days after the incident. every in-custody death within 30 days. The review team at a minimum shall include 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 CM 513.5 appropriateness of clinical care; whether changes to policies, procedures, or practices are warranted; and to The team should review the appropriateness identify issues that require further study. of clinical care, determine whether changes to policies, procedures, or practices are warranted, and identify issues that require further study (b) Death of a Minor CM 513.3 Mandatory Reporting In any case in which a minor dies while detained in a jail, lockup, or court holding facility: In the event that a juvenile dies while in (1) The administrator of the facility shall provide to the custody, the Jail Commander or the Board a copy of the report submitted to the Attorney authorized designee shall notify the court of General under Government Code Section 12525. A jurisdiction and the juvenile offender's parent copy of the report shall be submitted within 10 or guardian (15 CCR 1047). A copy of the calendar days after the death. report provided to the state Attorney General's office shall be submitted to the Board of State and Community Corrections within 10 days of the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 6 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS 1050 CLASSIFICATION PLAN CM 509.4 Classification Plan CM 1500 CHT (b) Each administrator of a court holding facility shall establish and implement a written plan designed to All court-remanded persons are taken directly provide for the safety of staff and people held and housed to the County Jail next door. Remanded at the facility. The plan shall include receiving and persons are classified and held in the jail. transmitting of information regarding incarcerated persons who represent unusual risk or hazard while confined at the facility, and the separation of such persons to the extent possible within the limits of the court holding facility. (c) In deciding housing and programming assignments, Classification takes place at the Jail. 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 their own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES CM 710 Medical Screening CM 715 Communicable Diseases The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures specifying those symptoms that require medical isolation of an incarcerated person until a medical evaluation is completed At the time of intake into the facility, an inquiry shall be BSCC staff reviewed the intake medical made of the person being booked as to whether the questionnaire and found that persons are person has or has had any communicable diseases, such asked about communicable diseases as as tuberculosis or has observable symptoms of required by this section. tuberculosis or any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the medical screening from. 1052 BEHAVIORAL CRISIS IDENTIFICATION CM 710.5 Health Appraisal The facility administrator, in cooperation with the Persons are screened at the Jail next door to responsible physician, shall develop written policies and the Court. procedures to identify and evaluate all incarcerated people who may be in behavioral crisis. Evaluation of behavioral crisis may include telehealth. If an evaluation from medical or mental health staff is not Upon the identification of a mentally readily available, an incarcerated person shall be disordered incarcerated person who may be considered in behavioral crisis for the purpose of this in a behavioral crisis, a physician's opinion will section if they appear to be a danger to themselves or be secured within 24 hours, or next sick call, others or appear gravely disabled. whichever is earliest An evaluation from medical or mental health staff shall be CM 710.5.2 Telehealth 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 CHT - Inmates classified as high-risk shall be safety of the person in crisis or others. housed alone in one of the single occupancy holding cells. 1053 ADMINISTRATIVE SEPARATION CHT - Remanded prisoners who have yet to be classified by jail staff should not be housed Except for Type IV facilities, facility administrators shall with other inmates in the holding unit unless develop and implement policies and procedures for the absolutely necessary. administrative separation of incarcerated people. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 7 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS Policies and procedures must include: This is a court holding facility. No persons are (a) Administrative separation may consist of separate held over long periods. 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. 1057 DEVELOPMENTAL DISABILITIES CM 509 Classification CM 711.4 Basic Mental Health Services The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all incarcerated persons with developmental disabilities. The health authority or designee shall contact the This is a court holding facility. No person is regional center for any incarcerated person suspected or held for 24 hours in this facility. confirmed to have a developmental disability for the purposes of diagnosis or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES CM 511 Use of Restraints The facility administrator, in cooperation with the In practice, no person is held in restraints in responsible physician, shall develop and implement the court holding area. Anyone that requires written policies and procedures for the use of restraint restraints will be kept in the Jail next door. devices. Restraint devices include any devices which There is no WRAP or Restraint Chair in the immobilize extremities or prevent the incarcerated person court holding. 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 CM 511.2 Policy following requirements: (1) In no case shall restraints be used for punishment Restraints shall never be used for retaliation or as a substitute for treatment. or as punishment. (2) Restraint devices shall only be used on There have been no uses of restraints in the incarcerated people who display behavior which court holding. 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. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 8 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (4) An incarcerated person shall be placed in restraints only with the approval of the facility manager, the facility watch commander, or responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be maintained until a medical opinion can be obtained. (6) A medical opinion on placement and retention shall be secured within one hour from the time of placement. (7) A medical assessment shall be completed within four hours of placement. (8) Continuous direct visual observation shall be conducted at least twice every 30 minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated person. Such observation shall be documented. While in restraint devices all incarcerated persons shall be housed alone or in a specified housing area which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation with responsible health care staff determines that an incarcerated person cannot be safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use 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 PM 306.3.2 Restraint of Pregnant Persons CM 511.8 Pregnant Incarcerated Persons The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant people. In accordance with Penal Code Section 3407, the policy shall include reference to the following: (1) An incarcerated person known to be pregnant or No incarcerated person who is in labor, in recovery after delivery or termination of the delivery, or recovery from a birth shall be pregnancy shall not be restrained by the use of leg or restrained by the use of leg restraints/irons, waist restraints, or handcuffs behind the body. waist restraints/chains, or handcuffs behind the body. (2) An incarcerated pregnant person in labor, during CM 511.8.1 Incarcerated Persons in Labor delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 9 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (3) Restraints shall be removed when a professional CM 511.8.1 who is currently responsible for the medical care of an incarcerated pregnant person during a medical Restraints shall be removed when medical emergency, labor, delivery, or recovery after delivery staff responsible for the medical care of the or termination of the pregnancy determines that the pregnant incarcerated person determines that removal of restraints is medically necessary. the removal of restraints is medically necessary. CM 511.8 pregnancy, they shall be advised, orally or in writing, of the standards and policies governing incarcerated Once pregnancy has been confirmed, a pregnant people. pregnant incarcerated person should be advised of the policies and procedures regarding the restraint of pregnant persons. 1068 ACCESS TO COURTS AND COUNSEL CM 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: (b) confidential consultation with attorneys. CM 603.3 Inmate Access Confidential attorney visiting areas that include the means by which the attorney and the inmate can share legal documents. 1280 FACILITY SANITATION, SAFETY, AND The court holding is cleaned daily and MAINTENANCE maintained by services contracted with the court. The facility administrator shall develop written policies and procedures for the maintenance of an acceptable BSCC staff walked through the entire holding level of cleanliness, repair and safety throughout the facility and found it to be clean and well- facility. Such a plan shall provide for a regular schedule maintained. of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 10 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS Are minors held in this facility? Minors may be temporarily held in courtroom adjacent holding cells. Minors are escorted Ifyes, the following sections, including those summarized and supervised by probation staff during the in Title 15, Article 10, apply (Minors in Court Holding time they are in the court. Facilities). 1047 SERIOUS ILLNESS OR INJURY OF A MINOR PM 324 Temporary Custody of Juveniles IN AN ADULT DETENTION FACILITY PM 324.12 Suicide Attempt, Death, or Serious 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. 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the facility administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the CM 511.8 Pregnant Incarcerated Persons responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant Should restraints be necessary, the minors. The policy shall address the requirements of restraints shall be the least restrictive Penal Code 3407. Policy shall include reference to the available and the most reasonable under the following: circumstances. (1) A minor known to be pregnant or in recovery after Incarcerated persons who are known to be delivery shall not be restrained by the use of leg pregnant will not be handcuffed behind their irons, waist chains, or handcuffs behind the body. backs or placed in waist restraints or leg irons. (2) A pregnant minor in labor, during delivery, or in CM 511.8.1 Incarcerated Persons in Labor recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for No incarcerated person who is in labor, the safety and security of the minor, the staff, or the delivery, or recovery from a birth shall be public. restrained by the use of leg restraints/irons, waist restraints/chains, or handcuffs behind the body. (3) Restraints shall be removed when a professional CM 511.8.1 who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, Restraints shall be removed when medical delivery, or recovery after delivery determines that staff responsible for the medical care of the the removal of restraints is medically necessary. pregnant incarcerated person determines that the removal of restraints is medically necessary (4) Upon confirmation of a minor's pregnancy, she This is a court holding. Persons are not shall be advised, orally or in writing, of the standards confirmed to be pregnant while in this facility. and policies governing pregnant minors. 1161 CONDITIONS OF DETENTION PM 324.7 No-Contact Requirements Court holding facilities shall be designed to provide the Sight and sound separation shall be following: maintained between all juveniles and adults (a) Separation of minors from adults in accordance with while in custody. Section 208 of the Welfare and Institutions Code. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 11 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) DETENTION OF MINORS TITLE 15 SECTION YES NO N/A P/P REFERENCE COMMENTS (b) Separation of minors in accordance with an There should also be sight and sound established classification plan. separation between nonoffenders and juvenile and status offenders. (c) Secure non-public access, movement within and Probation schedules times of entry and exit egress. If the same entrance/exit is used by both minors to avoid interaction with adults in the facility. and adults, movements shall be scheduled in such a manner that there is no opportunity for contact. An existing court holding facility built in accordance with construction standards at the time of construction shall be considered as being in compliance with this article unless the condition of the structure is determined by the appropriate authority to be dangerous to life, health, or welfare of minors. Upon notification of noncompliance with this section, the facility administrator shall develop and submit a plan for corrective action to the Board within 90 days. 1162 SUPERVISION OF MINORS PM 324.6 Juvenile Custody Logs PM 324.11.1 Locked Enclosures A sufficient number of personnel shall be employed in each facility to permit unscheduled safety checks of all Unscheduled safety checks to provide for minors at least twice every 30 minutes, and to ensure the the health and welfare of the juvenile by a implementation and operation of the activities required by staff member, no less than once every 15 these regulations. There shall be a written plan that minutes. includes the documentation and review of safety checks. Probation maintains constant supervision of minors in court holding. 1163 CLASSIFICATION PM 324.11.1 Locked Enclosures The administrator of a court holding facility shall establish (e) Males and females shall not be placed in and implement a written plan designed to provide for the the same locked room (15 CCR 1147). safety of staff and minors held at the facility. The plan (f) Juvenile offenders should be separated shall include receiving and transmitting of information according to severity of the crime (e.g., regarding minors who represent a risk or hazard to self felony or misdemeanor). or others while confined at the facility, and the separation (g) Restrained juveniles shall not be mixed of such minors to the extent possible within the limits of in a cell or room with unrestrained juveniles. the court holding facility, and for the separation of minors from any adults confined there as required by Section 208 of the Welfare and Institutions Code. 5957 Tuolumne Sonora Courthouse PRO 23-24 Page 12 of 13 A350 CH PRO eff. 4/2023 (23-24).dot (rev. 12/23) ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001; 2005; 2008; 2010, 2013, 2017 BSCC Code: 5957 FACILITY NAME: Tuolumne County Superior Court Sonora Court Holding FACILITY TYPE: CHJ 6/94: 2/99: 2001: 2005: 2008: 2010: APPLICABLE REGULATIONS (Check All That Apply): 2013: 2017: FIELD REPRESENTATIVE: Dale Miller DATE: June 17, 2024 TITLE 24 SECTION YES NO N/A COMMENTS The design of court holding and temporary holding facilities shall include the following required spaces from Sections 1231.2.2, 1231.2.19, 1231.2.20, 1231.2.21, 1231.2.22, 1231.2.24 and 1231.2.26. 1231.2.2 Temporary holding cell or room. A temporary holding cell or room shall: 1. Contain a minimum of 10 square feet (0.93 m2) of floor area per inmate; 2. Be limited to no more than 16 inmates; 3. Be no smaller than 40 square feet (3.7 m2) and have a clear ceiling height of 8 feet (2438 mm) or more; 4. Contain seating to accommodate all inmates as required in Section 1231.3; 5. Contain a toilet, wash basin and drinking fountain as specified in Section 1231.3; 6. Maximize visual supervision of inmates by staff; and 7. When located in a temporary holding facility, the This is a Court Holding and no one is held in cell or room shall be equipped with a bunk if inmates this facility over 12 hours. are to be held longer than 12 hours. 1231.2.19 Safety equipment storage. A secure area shall be provided for the storage of safety equipment such as fire extinguishers, self-contained breathing apparatus, wire and bar cutters, emergency lights, etc.. In Type II facilities, at least one securely lockable cleaning implements and supplies must be provided within the security areas of the facility A mop sink shall also be available within the security area of the facility. In court holding, temporary holding, Types I, III and IV facilities, the closet need not be in the security area. 5957Tuolumne Sonora Courthouse PHY 23-24 - 1 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.21 Storage rooms. One or more storage rooms shall be provided to accommodate a minimum of 80 cubic feet (2.3 m3) of storage area per inmate for inmate clothing and personal property, institutional clothing, bedding and supplies. Court holding, temporary holding and Type I facilities may be excluded from the storage space requirement for personal and institutional clothing unless clothing is issued. 1231.2.22 Audio monitoring system. In court holding, temporary holding, Type I, Type II and Type II facilities there shall be an inmate- or sound- actuated audio monitoring system in temporary holding cells or rooms, temporary staging cells or rooms, sobering cells, safety cells, single and double occupancy cells, dormitories, dayrooms, exercise areas and correctional program/multipurpose space, which is capable of alerting personnel who can respond immediately. 1231.2.24 Emergency power. The facility has a battery back-up power There shall be a source of emergency power in all source. detention facilities capable of providing minimal lighting in all housing units, activities areas, corridors, stairs and central control points, and to maintain fire and life safety, security, communications and alarm systems. Such an emergency power source shall conform to the requirements specified in Title 24, Part 3, Article 700, California Electrical Code, California Code of Regulations. 1231.2.26 Attorney interview space. All facilities except Type IV facilities shall include attorney interview areas which provide for confidential consultation with inmates. 1231.3.1 Toilets/urinals. In temporary holding cells and temporary staging cells toilets/urinals must be provided in a ratio to inmates of 1:16. One urinal or 2 feet (610 mm) of urinal trough may be There are no urinals in the cells. substituted for each toilet up to one third of the total number of toilets required, except in those facilities or portions thereof used for females. Toilet areas shall provide modesty for inmates with staff being able to visually supervise. 1231.3.2 Wash basins. In temporary holding cells and temporary staging cells, wash basins must be provided in a ratio to inmates of 1:16. Wash basins must be provided with hot and cold or tempered water. Two feet (610 mm) of wash basin trough may be substituted for each basin required. 1231.3.3 Drinking fountains. There must be a minimum of one drinking fountain in every single-occupancy cell, double-occupancy cell, dormitory, temporary holding cell, temporary staging cell, sobering cell, and be accessible to the occupants of day rooms and exercise areas. 5957Tuolumne Sonora Courthouse PHY 23-24 - 2 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS Additional drinking fountains shall be located in other areas of the facility so that drinking water will be available to inmates and staff. Such drinking fountains must meet the following minimum health requirements: 1. The drinking fountain bubbler shall be on an angle which prevents wastewater from flowing over the drinking fountain bubbler. 2. Water flow shall be actuated by mechanical means. 1231.3.6 Lighting. Lighting in housing units, dayrooms and activity areas must be sufficient to permit easy reading by a person with normal vision and shall not be less than 20 footcandles (215.2 lux) at desk level and in the grooming area. Lighting shall be centrally controlled and/or occupant controlled in housing cells or rooms. Night lighting in these areas shall be sufficient to give good visibility for purposes of supervision In minimum-security areas, lighting may be supplied by ordinary lighting fixtures, and in areas of higher security, light fixtures must be of secure design. 1231.3.10 Seating. In temporary holding and temporary staging cells, seating must be securely fixed to the floor and/or wall. When bench seating is used, 18 inches (457 mm) of bench is seating for one person. 1231.3.12 Weapons locker. A secure weapons locker shall be located outside the security perimeter of the facility Such weapons lockers shall be equipped with individual compartments, each with an individual locking device. Weapons lockers are required in temporary and court There are weapons lockers located in the holding facilities and in all facilities of higher than vehicle sallyport. minimum security. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 5957Tuolumne Sonora Courthouse PHY 23-24 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code:5957 FACILITY: Tuolumne County Superior Court Sonora Court Holding TYPE: CHJ RC: FIELD REPRESENTATIVE: Dale Miller DATE: June 17, 2024 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # RC RC (L x W x H) T U W F S Beds 1st Floor 13 Holding 2013 1 (2) (2) 1 1 1 Note: ADA Cell, Bench length Capacity is limited by the Bench Space. 14 Holding 2013 1 (2) (2) 1 1 1 Note: Bench length Capacity is limited by the Bench Space. 15 Holding 2013 1 (2) (2) 1 1 1 Note: Bench length Capacity is limited by the Bench Space. 16 Holding 2013 1 (2) (2) 1 1 1 Note: Bench length 17 Holding 2013 1 (6) (6) 1 1 1 Note: Three Benches length Court Rooms1 / 3 1087 Holding 2013 1 (4) (4) 1 1 1 Note: Bench length 1086 Holding 2013 1 (2) (2) 1 1 1 Note: ADA Cell, Bench length Court Rooms 2 / 4 2014 Holding 2013 1 (4) (4) 1 1 1 Note: Bench length 2013 Holding 2013 1 (2) (2) 1 1 1 *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. 5957 Tuolumne Sonora Courthouse LASE 23-24 - 1 - A360 LAS Adult-05.dot (8/05) ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # RC RC (L x W x H) T U W F S Beds Note: ADA Cell, Bench length Court Room 5 2029 Holding 2013 1 (4) (4) 1 1 1 Note: Bench length 2028 Holding 2013 1 (2) (2) 1 1 1 Note: ADA Cell, Bench length *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. 5957 Tuolumne Sonora Courthouse LASE 23-24 - 2 - A360 LAS Adult-05.dot (8/05)