Santa Clara (2025-2026 inspection cycle)

November 12, 2025 Nick Birchard, Chief Probation Officer Santa Clara County Probation Department 840 Guadalupe Parkway San Jose, CA 95110 2025-2026 UNANNOUNCED INSPECTION, WELFARE & INSTITUTIONS CODE SECTIONS 209 & 885, SANTA CLARA COUNTY PROBATION DEPARTMENT DETENTION FACILITY Dear Chief Birchard: An Unannounced Inspection of the Santa Clara County Probation Department was completed for the following facility on Monday, July 28, 2025: FACILITY NAME BSCC # FACILITY TYPE Santa Clara Juvenile Hall 7587 JH This inspection was conducted pursuant to Welfare and Institutions Code Sections 209 and 885 to determine compliance with the Minimum Standards for Juvenile Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. INSPECTION RESULTS The focus of the Unannounced Inspection was to evaluate the facility’s use of 1354.5 Room Confinement, and the 1391 Discipline Process afforded to youth who commit major rule violations. After reviewing the facility’s policies and procedures along with documentation of Room Confinement and Discipline imposed on youth, we found that the facility’s practices are within the guidelines of the agency’s policies and procedures. Documentation indicates that young people are not generally placed in room confinement for more than two hours. Youth are routinely transported to a different unit where they can de-escalate before returning to the general population. The youth interviewed during the inspection confirmed these findings and reported that staff only utilize room confinement after a physical altercation or when a youth is displaying assaultive behaviors. A review of the facility’s Due Process forms confirms an immediate and impartial appeals process afforded to youth. All major rule violations require staff to utilize the Discipline Due Process Form. It was reported by one youth that they previously engaged in the appeals process, and the outcome worked in their favor. Board of State and Community Corrections (BSCC) staff provided the facility managers with best practices and technical Nick Birchard Chief Probation Officer Page 2 assistance during the Exit Briefing to assist in keeping the agency in full compliance with Title 15 regulations. We identified no items of noncompliance with Title 15 Minimum Standards. Refer to the attached Title 15 Modified Procedures Checklist for detailed information. I would like to thank the facility’s administration for accommodating the unannounced inspection of the Santa Clara Juvenile Hall. Probation Division Manager Trina Guather, and the rest of the juvenile hall management team provided me with the documentation required to confirm compliance with Title 15 Regulations 1354.5 Room Confinement and 1391 Discipline Process. * * * Please email me at ray.watson@bscc.ca.gov or call (916) 846-5946 if you have any questions. Sincerely, RAY WATSON Field Representative Facilities Standards and Operations Division Cc: Presiding Judge, Santa Clara County Juvenile Court* Chair, Juvenile Justice Commission, Santa Clara County* Chair, Board of Supervisors, Santa Clara County* County Administrator, Santa Clara County* Trina Guather, Probation Division Manager, Santa Clara County Probation *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 7587 Santa Clara JH UI LTR 25-26 JUVENILE HALLS, SPECIAL PURPOSE JUVENILE HALLS AND CAMPS Board of State and Community Corrections PROCEDURES CHECKLIST1,2 BSCC Code: 7587 FACILITY NAME: Santa Clara Juvenile Hall FACILITY TYPE: JH PERSON(S) INTERVIEWED: Trina Guather, Probation Division Manager; Male youth age 16; Male youth age 18; Female youth age 15; Male youth age 16; Male youth age 17; Male youth age 16; Male youth age 19; Male youth age 18; Female youth age 15; Male youth age 18. FIELD REPRESENTATIVE: Ray Watson & Eric Raley DATE: July 28, 2025 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS3 1354.5 ROOM CONFINEMENT Policy: Section 1303; Procedure 606 – Room 0B Confinement (a) The facility administrator shall develop and implement written policies and procedures addressing The agency provided the facility’s policies the confinement of youth in their room that are consistent and procedures and other documentation with Welfare and Institutions Code Section 208.3. The related to room confinement. We reviewed placement of a youth in room confinement shall be twenty room confinement incident reports that accomplished in accordance with the following ☒ ☐ ☐ occurred between February and July 2025. guidelines: The majority of incident reports indicate the facility rarely imposes room confinement for more than two hours. The incident reports were detailed and consistent with the facility’s procedures for room confinement. (1) Room confinement shall not be used before other, Policy: Section 1303.3 (a); Procedure 606.2.1 less restrictive, options have been attempted and (b) 1 – Room Confinement exhausted, unless attempting those options poses a ☒ ☐ ☐ threat to the safety or security of any youth or staff. (2) Room confinement shall not be used for the Policy: Section 1303.3 (b); Procedure 606.2.1 purposes of punishment, coercion, convenience, or (b) 2 – Room Confinement retaliation by staff. We interviewed several youths who acknowledged receiving room confinement ☒ ☐ ☐ since being booked into the facility. Each youth reported they were allowed to rejoin the general population as soon as they regained self-control. 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 Juvenile Facilities, Division 1, Chapter 1, Subchapter 5 for the complete list and text of regulations. 2 This is a modified version of the Procedures Checklist and is only intended for the 2025 Unannounced Inspection of the Santa Clara Juvenile Hall. 3 Excerpts from facility policies, procedures, or other reference documents are indicated in italicized text. 7587 Santa Clara JH UI PRO 25-26 Page 1 of 4 J453 JUV PRO eff. 01.01.25 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS3 (3) Room confinement shall not be used to the extent Policy: Section 1303.3 (c); Procedure 606.2.1 that it compromises the mental and physical health of (b) 3 – Room Confinement the youth. ☒ ☐ ☐ (b) A youth may be held up to four hours in room Policy: Section 1303.3.3 (a); Procedure confinement. After the youth has been held in room 606.2.2 - 2 – Room Confinement confinement for a period of four hours, staff shall do one or more of the following: Staff encourage youth to rejoin the group if they are safe to do so. This has led to a ☒ ☐ ☐ decrease in the duration of room confinement that youth receive. Policy: Section 1303.3.3 (a) 1; Procedure (1) Return the youth to general population. ☒ ☐ ☐ 606.2.2 – 2 (a) – Room Confinement Policy: Section 1303.3.3 (a) 2; Procedure 606.2.2 – 2 (b) – Room Confinement Youth are seen by medical and mental health (2) Consult with mental health or medical staff. ☒ ☐ ☐ staff when placed in room confinement. Youth are assessed and counseled by behavioral health. (3) Develop an individualized plan that includes the Policy: Section 1303.3.3 (a) 2; Procedure goals and objectives to be met in order to reintegrate 606.2.2 – 2 (b) – Room Confinement the youth to general population. We reviewed the agency’s policies and procedures and supported documentation to ☒ ☐ ☐ confirm the agency has a process in place to develop an individualized plan should a youth’s room confinement extend past four hours. (4) If room confinement must be extended beyond Policy: Section 1303.3.3 (b) 1; Procedure four hours, staff shall do each of the following: 606.2.2 – 2 (d) – Room Confinement (A) Document the reasons for room confinement and the basis for the extension, the date and time ☒ ☐ ☐ the youth was first placed in room confinement, and when he or she is eventually released from room confinement. (B) Develop an individualized plan that includes Policy: Section 1303.3.3 (b) 1; Procedure the goals and objectives to be met in order to 606.2.2 – 2 (d) 3 – Room Confinement ☒ ☐ ☐ integrate the youth to general population. (C) Obtain documented authorization by the Policy: Section 1303.3.3 (b) 1; Procedure facility superintendent or his or her designee 606.2.2 – 2 (d) 1, b – Room Confinement every four hours thereafter. ☒ ☐ ☐ (5) This section is not intended to limit the use of Policy: Section 1303.3.4; Procedure 606.2.2 single-person rooms or cells for the housing of youth – Room Confinement in juvenile facilities and does not apply to normal ☒ ☐ ☐ sleeping hours. (6) This section does not apply to youth or wards in Policy: Section 1303.3.4; Procedure 606.2.2 court holding facilities or adult facilities. – Room Confinement ☒ ☐ ☐ 7587 Santa Clara JH UI PRO 25-26 Page 2 of 4 J453 JUV PRO eff. 01.01.25 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS3 (7) Nothing in this section shall be construed to Policy: Section 1303.3.4; Procedure 606.2.2 conflict with any law providing greater or additional – Room Confinement ☒ ☐ ☐ protections to youth. (8) This section does not apply during an Policy: Section 1303.3.4; Procedure 606.2.2 extraordinary emergency circumstance that requires – Room Confinement a significant departure from normal institutional operations, including a natural disaster or facility- wide threat that poses an imminent and substantial ☒ ☐ ☐ risk of harm to multiple staff or youth. This exception shall apply for the shortest amount of time needed to address this imminent and substantial risk of harm. (9) This section does not apply when a youth is Policy: Section 1303.3.4; Procedure 606 – placed in a locked cell or sleeping room to treat and Room Confinement protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the youth is not required to be in an infirmary for an ☒ ☐ ☐ illness. Additionally, this section does not apply when a youth is placed in a locked cell or sleeping room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the youth is not required to be in an infirmary for illness. 1391 DISCIPLINE PROCESS Policy: Section 601.3.1 (a) - Youth Discipline Process; Procedure: Section 600 – Youth The facility administrator shall develop and implement Discipline Process written policies and procedures for the administration of discipline which shall include, but not be limited to: BSCC staff reviewed the agency’s policies (a) designation of personnel authorized to impose and procedures and supported discipline for violation of rules; documentation for the facility’s discipline ☒ ☐ ☐ process. We reviewed twenty incident reports of staff utilizing the discipline process. The process is well-defined, and the youth we interviewed confirmed they understand the process. (b) prohibiting discipline to be delegated to any youth; Policy: Section 601.3.1 (b) - Youth Discipline Process; Procedure: Section 600 – Youth ☒ ☐ ☐ Discipline Process (c) definition of major and minor rule violations and their Policy: Section 601.4, 601,5 - Youth consequences, and due process requirements; Discipline Process; Procedure: Section 600 – Youth Discipline Process Major and minor rule violations are included ☒ ☐ ☐ in the detainee handbook, and they are verbally explained to youth at intake. We also observed that the rules of conduct were posted in the living units. (d) trauma-informed approaches and positive behavior Policy: Section 601.4, 601,5 - Youth interventions; Discipline Process; Procedure: Section 600 – ☒ ☐ ☐ Youth Discipline Process 7587 Santa Clara JH UI PRO 25-26 Page 3 of 4 J453 JUV PRO eff. 01.01.25 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS3 (e) minor rule violations may be handled informally by Policy: Section 601.4, 601,5 - Youth counseling, advising the youth of expected conduct Discipline Process; Procedure: Section 600 – imposing a minor consequence. Discipline shall be Youth Discipline Process accompanied by written documentation and a policy of review and appeal to a supervisor; and, We reviewed incident reports and supported ☒ ☐ ☐ documentation involving the discipline process. There were 13 reports where youth utilized the appeals process. (f) major rule violations and the discipline process shall Policy: Section 601.4, 601,5 - Youth be documented and require the following: Discipline Process; Procedure: Section 600 – (1) written notice of violation prior to a hearing; Youth Discipline Process BSCC staff interviewed youth housed in the facility to assist with determining compliance ☒ ☐ ☐ with this regulation. The agency’s policy requires the Group Counselor to initiate the Discipline Due Process Form for every major sanction given to youth. Policy: Section 601.4, 601,5 - Youth (2) accommodations provided to youth with Discipline Process; Procedure: Section 600 – disabilities, limited literacy, and English language ☒ ☐ ☐ Youth Discipline Process learners; Policy: Section 601.4, 601,5 - Youth Discipline Process; Procedure: Section 600 – Youth Discipline Process (3) hearing by a person who is not a party to the We interviewed youth housed in the facility to incident; ☒ ☐ ☐ confirm this element of regulation. The on- duty Supervising Group Counselor conducts the disciplinary review hearing. Policy: Section 601.4, 601,5 - Youth (4) opportunity for the youth to be heard, present Discipline Process; Procedure: Section 600 – evidence and testimony; ☒ ☐ ☐ Youth Discipline Process Policy: Section 601.4, 601,5 - Youth (5) provision for youth to be assisted by staff in the Discipline Process; Procedure: Section 600 – hearing process; ☒ ☐ ☐ Youth Discipline Process Policy: Section 601.4, 601,5 - Youth Discipline Process; Procedure: Section 600 – (6) provision for administrative review. ☒ ☐ ☐ Youth Discipline Process (g) violations that result in a removal from camp or Policy: Section 601.4, 601,5 - Youth commitment program, but not a return to court, will follow Discipline Process; Procedure: Section 600 – the due process provisions in subsection (e) above. ☒ ☐ ☐ Youth Discipline Process 7587 Santa Clara JH UI PRO 25-26 Page 4 of 4 J453 JUV PRO eff. 01.01.25