Alameda County, Berkeley Public Safety Center (2018-2020 inspection cycle)

October 18, 2019 Andrew Greenwood, Chief Berkeley Police Department 2100 Martin Luther King, Jr. Way Berkeley, CA 94704 2018-2020 BIENNIAL INSPECTION OF BERKELEY POLICE DEPARTMENT, BERKELEY PUBLIC SAFETY FACILITY JAIL, PENAL CODE 6031 Dear Chief Greenwood: On September 4 and 24, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Berkeley Public Safety Building Jail. A pre-inspection briefing was held on April 10, 2019. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation outlining Title 24 requirements for design; and, a Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. LOCAL INSPECTIONS In addition to the biennial inspection 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). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your office under a separate cover. Inspection Date Fire and Life Safety January 11, 2018 Medical and Mental Health December 3, 2018 (Medical Health) and December 18, 2018 (Mental Health) Nutritional Health December 14, 2018 Environmental Health December 12, 2018 BSCC INSPECTION The inspection consisted of a review of the Berkeley Police Department General Orders that apply to Jail Operations, a site visit to review operations, physical plant and relevant documentation, and interviews with administration and facility staff. 0165\ Alameda County\ Berkeley PD BPSC\18-20; 10/18/19 Andrew Greenwood, Chief Berkeley Police Department Page 2 Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 We found the following items of noncompliance. Title 15, Section 1030 Suicide Prevention Program: The facility shall have a comprehensive written suicide prevention program. The current manual does not contain specifics for communication between transporting officers and jail staff regarding the potential signs and/or risk of suicide threat or attempt. Title 15, Section 1032 Fire Suppression Preplanning: The facility is to have a fire suppression pre-plan developed with the local fire department and included as part of the policy and procedure manual. As part of the pre-plan, regular fire prevention inspections by facility staff will be documented and retained for two years. Currently, there is not a fire suppression pre- plan inspection being performed by jail staff and only quarterly inspections are being conducted by maintenance staff. Title 15, Section 1045 Public Information Plan: The public and inmates shall have available to them written policies and procedures specified in 1045. Currently, there are some items available on the police department’s website, there is not a public information plan and it is not available to both the public and inmates. Title 15, Section 1058.5 Restraints and Pregnant Inmates: In accordance with PC 3407, the agency shall have a policy regarding the use of restraints on pregnant inmates. Currently, there is not a policy in the Jail manual, requiring advisement of the standards/policies to those inmates that are pregnant. Title 15, Section 1066 Books, Newspapers, Periodicals and Writings: Type I facilities shall make available a daily newspaper in general circulation. Currently, television and donated books are available, but no newspapers. Title 15, Section 1069 Inmate Orientation: Type I facilities shall have written policies and procedures that are reasonably understandable to non- sentenced detainees to orient an inmate at the time of placement in a living area. Currently, limited rules are posted in the housing area but do not include all required items of inmate orientation. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant and your rated capacity remains at 38. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 0165\ Alameda County\ Berkeley PD BPSC\18-20; 10/18/19 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0165 FACILITY NAME: FACILITY TYPE: I Berkley Police Department: Berkley Public Safety Center (BPSC) PERSON(S) INTERVIEWED: Sgt Ryan Anderson, CSO Supervisor Alicia Escamilla-McNie, Lt Kevin Reece, Sgt Matt McGee FIELD REPRESENTATIVE: DATE: 09/04/2019 and 09/24/2019 Dale Miller TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 Facility was previously found out of compliance with STC due to 2 staff members not having completed CORE within the one (a) In addition to the provisions of California Penal Code Section 831.5, all custodial personnel of a Type I, II, III, or ☒ ☐ ☐ year from the date of assignment. This was corrected and now all line personnel have IV facility shall successfully complete the “Corrections completed the requirements of Title 15, section Officer Core Course” as described in Section 179 of Title 1020. 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully completed The sergeant in charge of Jail Operations is the course of instruction required by Penal Code Section schedule to complete the 56-hour supplemental 832.3 shall also successfully complete the “Corrections CORE course. ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING Three supervisors have completed the STC/POST Supervisors Course as well as Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ having completed the Correctional Officer basic CORE course. complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING The Sergeant and Lieutenant in charge of Jail Operations are scheduled to attend training. Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ described in Section 182, Title 15, CCR) or the POST management course within one year from date of 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. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 1 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING All CSO/Custody Personnel are up to date and are scheduled to attend training 24 hours of annual training in March 2020. With the exception of any year that a core training module is successfully completed, all facility/system administrators, ☒ ☐ ☐ managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 1027 NUMBER OF PERSONNEL 17 personnel are currently assigned 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 an inmate in custody, there shall be at Minimum staffing is 3 CSO trained Custody least one employee on duty at all times in a local detention Personnel. facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to 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 inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there BPD Manual J-1 section 16, a female Jailer or shall be at least one female employee who shall be Police Officer will be available if a female is in immediately available and accessible to such females. ☒ ☐ ☐ custody. Note: Reference PC§ 4021. Adequate female Jail staff are available for 24/7 coverage. To determine if there is a sufficient number of personnel for Newly assigned sergeant has reviewed staffing a specific facility, the facility administrator shall prepare and and received 2 additional allocations. retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS Safety checks are irregular, and all were with the 60-minute timeframe. Safety checks shall be conducted at least hourly through ☒ ☐ ☐ direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of The Jail Manual has been revised to have 30- ☒ ☐ ☐ routine safety checks. minute safety checks of all housing areas. 1028 FIRE AND LIFE SAFETY STAFF Custody staff have all received fire and evacuation training for the facility. Pursuant to Penal Code Section 6030(c), whenever there is ☒ ☐ ☐ an inmate in custody, there shall be at least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. The facility manager shall ensure that there is at least one Only trained staff work in the Jail. person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 2 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 3 Policy and Procedures Manual, all general orders, and J-1 were reviewed in July 2019. The agency is in the process of changing to the Facility administrator(s) shall develop and publish a manual Lexipol manual system. of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ 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 facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of BPD Police Manual J-1, Chain of Command ☒ ☐ ☐ communications. section 9 (2) Inspections and operations reviews by the facility Manual is current and has been reviewed. ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. Use of Force is in BPD Manual U-2 and ☒ ☐ ☐ referenced in BPD J-1 Section 10. (4) Policy on the use of restraint equipment, including the BPD Manual 302.3.4 Restraint of Pregnant restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Persons Section 3407. (5) Procedure and criteria for screening newly received BPD Manual J-1 section 80(a) reference PC inmates for release per Penal Code sections 849(b)(2) and 849(b). BPD General Order C10 for process to ☒ ☐ ☐ 853.6, and any other such processes as the facility hold per 853.6. administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ BPD Manual J-1 section 14-2, “Jail Security” (A) physical counts of inmates, Counts are completed and recorded with safety ☒ ☐ ☐ checks. (B) searches of the facility and inmates, Searches are addressed in BPD Manual J-1 ☒ ☐ ☐ section 41 – 46. BPD Manual S-7 section, Strip Searches (C) contraband control, and, ☒ ☐ ☐ BPD Manual J-1 section 27 (D) key control. ☒ ☐ ☐ BPD Manual J-1 section 119 Each facility administrator shall, at least annually, review, The facility’s sergeant is currently in the evaluate, and make a record of security measures. The review process of implementing new standards. 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: See 1032 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; BPD Manual J-1 section 122 Escapes. Unable ☒ ☐ ☐ to locate response to disturbance or hostages (C) mass arrests; BPD CSO Training Manual “Multiple ☒ ☐ ☐ Bookings” section (D) natural disasters; ☒ ☐ ☐ BPD Manual J-1 section 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 3 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (E) periodic testing of emergency equipment; and, There are no records of periodic testing of ☐ ☒ ☐ Breathing Apparatuses. (F) storage, issue, and use of weapons, ammunition, BPD Manual J-1 section 23 ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. BPD 900.20.1 Suicide Attempt or Serious ☒ ☐ ☐ Injury (9) Segregation of Inmates. ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual abuse and BPD Manual 902 – Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond BPD Manual 902.6 – Retaliation Prohibited to retaliation against any staff or inmate after reporting ☒ ☐ ☐ BPD Manual 1004.3 – Retaliation Prohibited any abuse. (e) The manual for Temporary Holding, Court Holding, BPD Manual 902.4 – Reporting Sexual Abuse Type I, II, III, and IV facilities shall provide for, but not be and Harassment limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ inmates 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 inmates, family, BPD Manual 902.4.1 Member Responsibilities community members, and other interested third-parties – Department members shall accept reports for to report sexual abuse or sexual harassment. The ☒ ☐ ☐ detainees and third parties. method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM BPD Manual 900.5.1 d.1. If the officer taking custody of a detainee The facility shall have a comprehensive written suicide believes that he/she may be a suicide risk, the prevention program developed by the facility administrator, officer shall ensure continuous direct in conjunction with the health authority and mental health supervision until evaluation, release or a director, to identify, monitor, and provide treatment to those transfer to an appropriate facility is completed inmates who present a suicide risk. The program shall include the following: 900.20.1 Suicide Attempt or Serious Injury - In the event of a suicide attempt of a ☒ ☐ detainee or the serious injury to a detainee, ☐ procedures shall include the following: (a) Immediate request for emergency medical assistance if appropriate. (b) Immediate notification of the Jail Supervisor and the Watch Commander (c) Isolation of suspect/witness detainees if appropriate and as space allows. (a) Suicide prevention training for all staff that have direct All Jail staff have completed STC certified ☒ ☐ ☐ contact with inmates. CORE Course. (b) Intake screening for suicide risk immediately upon Intake questionnaire includes suicide questions. ☒ ☐ ☐ intake and prior to housing assignment. (c)Provisions facilitating communication among Currently there is no specific directive for arresting/transporting officers, facility staff, medical and ☐ ☒ ☐ communications between transporting officers mental health personnel in relation to suicide risk. and jail staff. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ 900.19.2 Use of Safety Cell 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 4 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ 900.19.2 Use of Safety Cell (f) Suicide attempt and suicide intervention policies and 900.20.1 SUICIDE ATTEMPT or SERIOUS ☒ ☐ ☐ procedures. INJURY (g) Provisions for reporting suicides and suicides attempts. BPD General Order J-1 Section 160 – 164, In ☒ ☐ ☐ Custody Death (h) Multi-disciplinary administrative review of suicides and BPD General Order P-12, not specific to Jail attempted suicides as defined by the facility ☒ ☐ ☐ Death but is the guidelines for Police shooting administrator. and fatal or serios injury incidents. 1032 FIRE SUPPRESSION PREPLANNING Fire response and evacuation plan is posted in the facility. 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 Suppression Plan is not in the manual, but is department to be included as part of the policy and procedures currently being developed and incorporated into ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section to new manual. 1029); (b) regular fire prevention inspections by facility staff on a Fire and Life Safety inspections are not being monthly basis with two-year retention of the inspection ☐ ☒ ☐ completed by jail staff. Maintenance personnel record; inspect, but no records have been retained. (c) fire prevention inspections as required by Health and Last local fire department inspection was Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ conducted January 11, 2018. inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ Fire Evacuation Plan posted (e) a plan for the emergency housing of inmates in the case of BPD Manual J-1 Section 128-138, Inmates will ☒ ☐ ☐ fire. be released or transferred to County Jail. 1040 POPULATION ACCOUNTING Statistics on Population is available through the department’s logs and jail management systems. Each facility administrator shall maintain an inmate ☒ ☐ ☐ demographics accounting system which reflects the monthly average daily population of sentenced and non-sentenced inmates by categories of male, female and juvenile. Facility administrators shall provide the BSCC with Annual Survey was not submitted to BSCC applicable inmate demographic information as described in ☐ ☒ ☐ the Jail Profile Survey. 1041 INMATE RECORDS BPD Manual J-1 section 94 - 101 (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the maintenance of individual inmate records which shall ☒ ☐ ☐ include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, BPD Manual 902.8 Records uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its inmates. The data ☒ ☐ ☐ collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1) (federal survey on sexual violence). 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 5 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1044 INCIDENT REPORTS BPD has recently implemented policy of directing incident reports, BPD Manual Section 900.16.1 Reporting physical harm or serious Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ threat of physical, directs jail staff to write incidents reports. reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons Reports reviewed lacked specific information, involved, a description of the incident, the actions taken, and ☒ ☐ ☐ but changes to training and policy are in action the date and time of the occurrence. to correct reports. Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1045 PUBLIC INFORMATION PLAN Policy and Procedure manuals and public information is available on the Police Department Website. There is currently no Each facility administrator of a Type I, II, III or IV facility public information plan available for the public. shall develop written policies and procedures for the ☐ ☒ ☐ It is currently in development. dissemination of information to the public, to other government agencies, and to the news media. The public and inmates shall have available for review the following material: (a) The State Corrections Standards Authority Minimum Title 15, located in the Jail office, is available Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ for public and staff up on request. of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as Facility Rules are posted and visible outside all ☒ ☐ ☐ specified in sections: housing units (1) 1045, Public Information Plan All orders and policy manuals are available on line. Agency is in the process of making a copy ☐ ☒ ☐ of specific sections available for in custody inmates and visitors . (2) 1061, Inmate Education Plan ☒ ☐ ☐ (3) 1062, Visiting Police Department Website and inmate ☒ ☐ ☐ orientation (4) 1063, Correspondence ☒ ☐ ☐ Mail is currently not accepted. (5) 1064, Library Service ☒ ☐ ☐ Donated books are available to inmates. (6) 1065, Exercise and Recreation ☒ ☐ ☐ Television (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ Magazines and books (8) 1067, Access to Telephone ☒ ☐ ☐ (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ (10) 1069, Inmate Orientation ☒ ☐ ☐ (11) 1070, Individual/Family Service Programs ☐ ☐ ☒ This is a Type 1 facility (12) 1071, Voting ☒ ☐ ☐ (13) 1072, Religious Observance ☒ ☐ ☐ (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ (15) 1080, Rules and Disciplinary Penalties ☒ ☐ ☐ No discipline is administered in this facility. (16) 1081, Plan for Inmate Discipline ☐ ☐ ☒ Inmates are not disciplined in the facility. (17) 1082, Forms of Discipline ☐ ☐ ☒ Inmates are not disciplined in the facility. (18) 1083, Limitations on Discipline ☐ ☐ ☒ Inmates are not disciplined in the facility. (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 6 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY Death in Custody review policy is contained in the BPD Manual J-1 and in BPD Manual 901. (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ☒ ☐ ☐ ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, 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 appropriateness of BPD General Order J-1 section 160-164 refers clinical care; whether changes to policies, procedures, or to BPD General Order P-12, Police-Involved ☒ ☐ ☐ practices are warranted; and to identify issues that require shooting and fatal or serios injury incidents. further study. (b) Death of a Minor BPD Law Enforcement Services Manual In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Section 312.13, Suicide Attempt, Death or lockup, or court holding facility: Serious Injury of a Juvenile. (1) The administrator of the facility shall provide to the BPD Law Enforcement Services Manual Board a copy of the report submitted to the Attorney Section 312.13, Suicide Attempt, Death or General under Government Code Section 12525. A copy ☒ ☐ ☐ Serious Injury of a Juvenile. of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the BPD Manual 900.20 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. 1050 CLASSIFICATION PLAN BPD Manual J-1 section Prisoner Confinement 81 - 83 (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed ☒ ☐ ☐ and other criteria which will provide for the safety of the inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. 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 inmate's classification level, housing restrictions, and housing assignments. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 7 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each administrator of a Type II or III facility shall establish Type 1 Facility and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign inmates to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available about the inmate and from the inmate and shall provide for ☐ ☐ ☒ a channel of appeal by the inmate to the facility administrator or designee. An inmate who has been sentenced to more than 60 days may request a review of his classification plan no more often than 30 days from his last review. Subsection b does not apply and has been deleted. (c) In deciding whether to assign an inmate to a housing area BPD Policy 902, Prison Rape Elimination for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES Berkeley PD policy is to not detain in their jail any persons with identified communicable diseases. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be Intake questionnaire does include medical made of the person being booked as to whether or not he/she questions. has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES BPD Manual 900.5.1, Inmates who will not be accepted into the facility and are transported to another facility. The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ 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. Segregation may be used if necessary to protect the safety of BPD Manual 900.13 Screening and Placement ☒ ☐ ☐ the inmate or others. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 8 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION BPD Manual J-1 section 81 Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and BPD Manual J-1 section 81, does have secure housing but shall not involve any other deprivation of reference to classification ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL BPD Manual J-1 section 89, use of Safety cells BPD Manual 900.19.2, Use of Safety Cell The safety cell described in Title 24, Part 2, Section ☒ ☐ ☐ 1231.2.5, shall be used to hold only those inmates 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 ☒ ☐ ☐ BPD Manual 900.19.2, Use of Safety Cell procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as BPD Manual 900.19.2, Use of Safety Cell ☒ ☐ ☐ a substitute for treatment. An inmate shall be placed in a safety cell only with the BPD Manual delegates the approval to the shift approval of the facility manager or designee, or responsible supervisor and BPD will transport to county jail ☒ ☐ ☐ health care staff; continued retention shall be reviewed a or medical facility prior to 6 hours of continued minimum of every four hours. retention A medical assessment shall be completed within a maximum BPD will transport to county jail or medical of 12 hours of placement in the safety cell or at the next daily ☒ ☐ ☐ facility prior to 6 hours of continued retention sick call, whichever is earliest. The inmate shall be medically cleared for continued BPD will transport to county jail or medical ☒ ☐ ☐ retention every 24 hours thereafter. facility prior to 6 hours of continued retention The facility manager, designee or responsible health care BPD will transport to county jail or medical staff shall obtain a mental health opinion/consultation with facility prior to 6 hours of continued retention ☒ ☐ ☐ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice BPD Manual 900.19.2 Use of Safety Cell ☒ ☐ ☐ every thirty minutes. Such observation shall be documented. Procedures shall be established to assure administration of Meals and water are being provided as ☒ ☐ ☐ necessary nutrition and fluids. scheduled Inmates shall be allowed to retain sufficient clothing, or be BPD Manual J-1 section 89 (f) 1 provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☒ ☐ ☐ risks to the inmate's safety or to the security of the facility are documented. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 9 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL BPD Manual 900.19.1 Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they BPD Manual 900.19.1 Use of Sobering Cell ☒ ☐ ☐ are able to continue in the processing. In no case shall an inmate remain in a sobering cell over six BPD Manual 900.19.1 (f) Under no hours without an evaluation by a medical staff person or an circumstances shall an inmate be held in evaluation by custody staff, pursuant to written medical sobering for more than six hours without being ☒ ☐ ☐ procedures in accordance with section 1213 of these evaluated by qualified medical personnel regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will Inmates will be moved to another facility prior ☒ ☐ ☐ receive an evaluation by responsible health care staff. to 12 hours Intermittent direct visual observation of inmates held in the BPD Manual 900.19.1(c) Safety check sobering cell shall be conducted no less than every half hour. consisting of direct visual observation sufficient ☒ ☐ ☐ Such observation shall be documented. to assess the inmate’s well-being and behavior shall occur no less than twice every 30-minutes 1057 DEVELOPMENTALLY DISABLED BPD Manual 900.5.1(j) Detainees who are INMATES developmentally disabled shall be transported to Santa Rita Jail 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 developmentally disabled inmates. The health authority or designee shall contact the regional Inmate will be transferred to a Medical facility center on any inmate suspected or confirmed to be or County Jail developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES BPD Manual 900.17 Use of Restraint Devices, use of restraints, other than handcuffs or leg irons, generally should not be used for The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ detainees in temporary custody procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this No restraints other than those used for security regulation, at a minimum, the policy shall address the and transport, handcuffs and leg irons, are used ☒ ☐ ☐ following areas: in the facility acceptable restraint devices; signs or symptoms which should result in immediate ☒ ☐ ☐ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☒ ☐ ☐ CPR equipment is readily available protective housing of restrained persons; BPD Manual 900.17 Use of Restraint Devices, ☒ ☐ ☐ Detainees in restraints will be kept separate provision for hydration and sanitation needs; and ☒ ☐ ☐ exercising of extremities. ☒ ☐ ☐ In no case shall restraints be used for punishment or as a BPD Manual 302.2 Restraint devices shall not ☒ ☐ ☐ substitute for treatment. be used to punish 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 10 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Restraint devices shall only be used on inmates who display 900.17 Use of Restraint Devices should not be behavior which results in the destruction of property or used for detainees unless the person presents a reveal an intent to cause physical harm to self or others. heightened risk, and only in compliance with Restraint devices include any devices which immobilize an the Handcuffing and Restraint Policy. In those inmate's extremities and/or prevent the inmate from being cases, the subject is transported to another ☒ ☐ ☐ ambulatory. facility or medical facility. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval BPD Manual 302.2 require continual of the facility manager, the facility watch commander, supervision of subjects while in restraints. ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone BPD Manual 900.17 Use of Restraint Devices, or in a specified housing area for restrained inmates which ☒ ☐ ☐ Detainees in restraints will be kept separate. makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of BPD Manual 900.5.1 Detainees who should not handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ be in temporary custody. restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES BPD Manual 302.3.4 Restraint of Pregnant Persons The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist ☒ ☐ ☐ chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ☒ ☐ ☐ ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or ☒ ☐ ☐ recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall Manual does not specify this advisement be advised, orally or in writing, of the standards and policies ☐ ☒ ☐ governing pregnant inmates. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 11 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1059 USE OF REASONABLE FORCE TO BPD Manual D-21 section, DNA Sample COLLECT DNA SPECIMENS, SAMPLES, Collection IMPRESSIONS (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including ☒ ☐ ☐ peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of BPD Manual D-21 section 10 reasonable force” shall be defined as the force that an objective, trained and competent correctional employee, ☒ ☐ ☐ faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded by BPD Manual D-21 section 11 efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include ☒ ☐ ☐ an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written BPD Manual D-21 section 11 authorization of the facility watch commander on duty. The authorization shall include information that reflects the fact ☒ ☐ ☐ that the offender was asked to provide the requisite specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell extraction, BPD Manual D-21, section 11(c) If the the extraction shall be videotaped, including audio. Video authorized use of reasonable force includes an shall be directed at the cell extraction event. The videotape extraction from a jail cell, such extraction shall shall be retained by the agency for the length of time ☒ ☐ ☐ be videotaped. required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 1062 VISITING BPD Manual 900.33 Visitation (a) The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for inmate visiting which shall provide for as many visits and visitors as facility schedules, space, and number of personnel will allow. (b) In Type I facilities, the facility administrator shall Visiting hours are posted in the facility and on develop and implement written policies and procedures to the facility’s website. allow visiting for non-sentenced detainees. The policies and ☒ ☐ ☐ procedures will include a schedule to assure that non- sentenced detainees will be afforded a visit no later than the calendar day following arrest. (c) The visiting policies developed pursuant to this section Detainee visitation with juveniles maybe shall include provision for visitation by minor children of the ☒ ☐ ☐ approved by a sergeant and when in the inmate. company of a responsible adult (d) Video visitation may be used to supplement existing No video visitation at this facility visitation programs, but shall not be used to fulfill the ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an inmate. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 12 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Facilities shall not charge for visitation when visitors are onsite and participating in either in-person or video ☐ ☐ ☒ visitation. For purposes of this subsection, “onsite” is defined as the location where the inmate is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or ☐ ☐ ☒ (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video ☐ ☐ ☒ visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1 (June 2017) Mode of visitation; Contact and non-contact visitation Visitation hours; 1:00 PM to 3:00 PM, and 4:30 PM to 6:30 PM Time inmates are allowed for visitation; and, Any restrictions on inmate visitation. 1063 CORRESPONDENCE BPD General Order J-1, section 63 states the BPD will not accept mail from US Postal ☒ ☐ ☐ Service. The facility administrator shall develop written policies and procedures for inmate correspondence which provide that: (a) there is no limitation on the volume of mail that an inmate Mail is accepted if still in custody, this is a may send or receive; ☒ ☐ ☐ Type 1 Jail and does not hold sentenced inmates. (b) inmate correspondence may be read when there is a valid security reason and the facility manager or his/her ☐ ☐ ☒ designee approves; (c) jail staff shall not review inmate correspondence to or Currently mail is not accepted because inmates from state and federal courts, any member of the State Bar a moved to county jail within 24 hours. or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may ☐ ☐ ☒ open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the inmate; (d) inmates may correspond, confidentially, with the ☒ ☐ ☐ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted Type 1 facility that does not hold detainees at least two postage paid envelopes and two sheets of paper over 96 hours and does not have sentenced each week to permit correspondence with family members inmate workers. ☐ ☐ ☒ and friends but without limitation on the number of postage paid envelopes and sheets of paper to his or her attorney and to the courts. 1065 EXERCISE AND RECREATION Television and playing cards are available . ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make table games and/or television available to inmates. 1066 BOOKS, NEWSPAPERS, PERIODICALS, Donated books are available for inmates. AND WRITINGS Currently, no daily newspaper is available. (b) The facility administrator of a Type I facility shall ☐ ☒ ☐ develop and implement a written plan to make available a daily newspaper in general circulation, including a non- English language publication, to assure reasonable access to interested inmates. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE BPD Manual 900.16.6 Telephone Calls, immediately upon being booked and, except where physically impossible, no later than The facility administrator shall develop written policies and ☒ ☐ ☐ three hours after arrest, a detainee in custody procedures which allow reasonable access to a telephone has the right to make at least three completed beyond those telephone calls which are required by Section calls to an attorney, bail bondsman, and a 851.5 of the Penal Code. relative or other person (Penal Code § 851.5). 1068 ACCESS TO COURTS AND COUNSEL BPD General Order J-1. Section 183 - 187 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these Mail policy applies to those that are in custody ☒ ☐ ☐ regulations, and, at the time mail is received. (b) confidential consultation with attorneys. ☒ ☐ ☐ BPD 900.16.1 Telephone Calls 1069 INMATE ORIENTATION Inmate orientation is incomplete and is not readily available to inmates (b) In Type I facilities, the facility administrator shall develop written policies and procedures for a program ☐ ☒ ☐ reasonably understandable to non-sentenced detainees to orient an inmate at the time of placement in a living area. Such a program shall be published and include, but not be limited to, the following: (1) rules and disciplinary procedures; ☐ ☒ ☐ (2) visiting rules; ☐ ☒ ☐ (3) availability of personal care items, opportunities ☒ ☐ ☐ for personal hygiene; (4) availability of reading and recreational materials; ☒ ☐ ☐ and, (5) medical/mental health procedures. ☒ ☐ ☐ 1071 VOTING BPD General Order J-01 section – Prisoner Voting 189-192 The facility administrator of a Type I (holding sentenced inmate workers) II, III or IV facility shall develop written ☒ ☐ ☐ policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES BPD 900.16.7 Religious Accommodations, Requests for religious accommodations should The facility administrator of a Type I, II, III or IV facility ☒ ☐ ☐ generally be granted unless there is a compelling shall develop written policies and procedures to provide security or safety reason and denying the opportunities for inmates to participate in religious services, request is the least restrictive means available practices and counseling on a voluntary basis. to ensure security or safety. 1073 INMATE GRIEVANCE PROCEDURE This is a Type 1 Facility and does not hold Applicable to Type I facilities holding sentenced workers. Inmate Workers or Sentenced inmates (a) Each administrator of a Type II, III, or IV facility and Type I facilities which hold inmate workers shall develop written policies and procedures whereby any inmate may ☐ ☐ ☒ appeal and have resolved grievances relating to any conditions of confinement, including but not limited to: medical care; classification actions; disciplinary actions; program participation; telephone, mail, and visiting procedures; and food, clothing, and bedding. Such policies and procedures shall include: 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) a grievance form or instructions for registering a ☐ ☐ ☒ grievance; (2) resolution of the grievance at the lowest appropriate ☐ ☐ ☒ staff level; (3) appeal to the next level of review; ☐ ☐ ☒ (4) written reasons for denial of grievance at each level ☐ ☐ ☒ of review which acts on the grievance; (5) provision for response within a reasonable time ☐ ☐ ☒ limit; and, (6) provision for resolving questions of jurisdiction ☐ ☐ ☒ within the facility. (b) Grievance System Abuse: The facility may establish written policy and procedure to ☐ ☒ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY PENALTIES BPD General Order J-1, Prisoner Discipline If discipline is NOT administered, written policy should section 102. indicate as such. If discipline is administered, Sections Sanctions or disciplinary penalties are not 1080, 1081, 1082, 1083 and 1084 apply. administered in this facility. A prisoner who creates a disciplinary issue ☐ ☐ ☒ Wherever discipline is administered, each facility within the Jail facility is transferred to county administrator shall establish written rules and disciplinary jail penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively, and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or 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 penalties. 1081 PLAN FOR INMATE DISCIPLINE Each facility administrator shall develop written policies and ☐ ☐ ☒ procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive 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. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 15 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A staff member with investigative and punitive 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 inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate 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 inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate 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. 6. The inmate 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. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 16 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate 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. (b) 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 inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) 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. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 17 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial ☐ ☐ ☒ placement on the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on ☐ ☐ ☒ that diet every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate 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. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the Minors held in secure and non-secure detention are all detention of minors: held outside the secure confines of the adult detention (1) Deinstitutionalization of Status Offenders ☒ ☐ facility. Annual report states that they hold minors in both secure and non-secure custody. (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☒ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 18 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION FACILITY ☐ ☐ ☒ 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 The facility administrator shall develop written policies and ☐ ☐ ☒ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; ☐ ☐ ☒ (b) use of restraints; ☐ ☐ ☒ (c) emergency medical assistance and services; and, ☐ ☐ ☒ (d) prohibiting use of discipline. ☐ ☐ ☒ 1143 CARE OF MINORS IN TEMPORARY CUSTODY ☐ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ BPD General Order J-18, Section 32(a)(1) (2) one snack upon request during term of temporary BPD General Order J-18, Section 32(a)(2) custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ BPD General Order J-18, Section 32 (a)(3) (4) privacy during consultation with family, guardian, BPD General Order J-18, Section 32 (a)(4) ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the BPD General Order J-18, Section 32 (b)(1) ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is BPD General Order J-18, Section 32 (b)(2) inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND BPD Law Enforcement Services Manual 312.7 ADULT PRISONERS ☒ ☐ ☐ 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 occur, PD Law Enforcement Services Manual 312.7 such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 19 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1145 DECISION ON SECURE CUSTODY PD Law Enforcement Services Manual 312.12 – Secure Detention A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 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. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a BPD Law Enforcement Services Manual serious security risk of harm to self or others, the officer may 312.12(a) ☒ ☐ ☐ 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 BPD Law Enforcement Services Manual ☒ ☐ ☐ taken into custody; 312.12(b) (c) minor's behavior, including the degree to which the BPD Law Enforcement Services Manual ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; 312.12(c) (d) the availability of staff to provide adequate BPD Law Enforcement Services Manual ☒ ☐ ☐ supervision or protection of the minor; and, 312.12(d) (e) the age, type, and number of other individuals who BPD Law Enforcement Services Manual ☒ ☐ ☐ are detained in the facility. 312.12(e) 1146 CONDITIONS OF SECURE CUSTODY BPD Law Enforcement Services Manual 312.12 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 BPD Law Enforcement Services Manual CUSTODY INSIDE A LOCKED 312.12.1 - Locked Enclosure ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; Officers set directly outside the holding rooms ☒ ☐ ☐ and, and have direct visual and audio observation (2) safety checks, as defined in Section 1006, of the Safety checks are completed on securely detained minor by staff of the law enforcement facility, at juveniles ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same BPD Law Enforcement Services Manual locked room unless under constant direct visual ☒ ☐ ☐ 312.12.1(e) observation by staff of the law enforcement facility. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 20 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1148 SUPERVISION OF MINORS IN SECURE BPD General Order J-18 section 30 and BPD Law CUSTODY OUTSIDE OF A LOCKED Enforcement Services Manual 312.12 ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 BPD Law Enforcement Services Manual 312.12 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for BPD Law Enforcement Services Manual 312.12 longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE BPD Law Enforcement Services Manual 312.1.1 CUSTODY - Definitions Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- BPD Law Enforcement Services Manual 312.1.1 SECURE CUSTODY - Definitions Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF BPD Law Enforcement Services Manual 312.3 – ANY INTOXICATING SUBSTANCE IN SECURE OR Juveniles who should not be held NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room Juveniles are not left unattended at any time while who display outward signs of being under the influence of in custody drugs, alcohol or any other intoxicating substance 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. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 21 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 22 - A352 Type 1 PRO eff. 1/2019 (18-20).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations: 0 facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☐ ☒ ☐ enforcement facility for longer than six hours. Number of violations: 1 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations: 0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ facility is restricted in accordance with WIC Section Number of violations: 0 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place Number of violations: 0 the minor in secure detention, and the length of time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Non-Secure logs are often incomplete Minors have been detained in non-secure custody in the ☒ ☐ ☐ law enforcement facility for longer than six hours. Number of violations: 20 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 23 - A352 Type 1 PRO eff. 1/2019 (18-20).dot ADULT TYPE I, II, III AND IV 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:0165 FACILITY NAME: Berkeley PD: Berkeley Public Safety Center FACILITY TYPE: I 6/94: ☐ 2/99: ☒ 2001: ☐ 2005: ☐ 2008: ☐ 2010: ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☐ 2017: ☐ ☐ ☐ ☐ ☐ FIELD REPRESENTATIVE: Dale Miller DATE: 09/24/19 TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.1 Reception and booking. Facilities where booking and housing occur shall have the ☒ ☐ ☐ following space and equipment: 1. Weapons locker as specified in Section 1231.3.12. 2. A cell or room for the confinement of inmates pending ☒ ☐ ☐ their booking, complying with Section 1231.2.2. 3. A sobering cell as described in Section 1231.2.4 if intoxicated, inmates who may pose a danger to ☒ ☐ ☐ themselves or others are held. For those facilities that accept male and female Two sobering cells are available to separate male ☒ ☐ ☐ intoxicated inmates two sobering cells shall be provided. and female intoxicated inmates 4. Access to a shower within the secure portion of the Shower is in room 1128 ☒ ☐ ☐ facility. 5. Provide access to a secure vault or storage space for ☒ ☐ ☐ inmate valuables. 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 cell or room shall be equipped with a bunk if inmates are to be held longer than 12 hours. ☐ ☐ ☒ 0165\Alameda\Berkley PD BPSC\PHY 18-20;9/24/19 - 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 1231.2.3 Temporary staging cell or room. There are no cells of this type in the facility A temporary staging cell or room shall: 1. Be constructed for the purpose of holding inmates who have been classified and segregated in accordance with Sections 1050 and 1053 of Title 15, Division 1, California Code of Regulations. ☐ ☐ ☒ 2. Be limited to holding inmates up to four hours. ☐ ☐ ☒ 3. Be limited to no more than 80 inmates. ☐ ☐ ☒ 4. Contain a minimum of 10 square feet (0.93 m2) of floor area per inmate and a clear ceiling height of 8 feet ☐ ☐ ☒ (2438 mm) or more. 5. Be no smaller than 160 square feet (14.9 m2). ☐ ☐ ☒ 6. Contain seating to accommodate all inmates as ☐ ☐ ☒ required in Section 1231.3. 7. Contain toilet, wash basin and drinking fountain as ☐ ☐ ☒ specified in Section 1231.3. 8. Maximize visual supervision of inmates by staff. ☐ ☐ ☒ 1231.2.4 Sobering cell. A sobering cell shall: ☒ ☐ ☐ 1. Contain a minimum of 20 square feet (1.9 m2) of floor area per inmate; 2. Be limited to eight inmates; ☒ ☐ ☐ 3. Be no smaller than 60 square feet (5.6 m2) and have a ☒ ☐ ☐ clear ceiling height of 8 feet (2438 mm) or more; 4. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; 5. Have padded partitions located next to toilet fixture in ☒ ☐ ☐ such a manner that they provide support to the user; 6. Maximize visual supervision of inmates by staff; ☒ ☐ ☐ 7. Be padded on the floor as specified in Section 1231.3; ☒ ☐ ☐ and, 8. Have accessible a shower in the secure portion of the Shower is in room 1128 ☒ ☐ ☐ facility. 1231.2.5 Safety cell. A safety cell shall: 1. Contain a minimum of 48 square feet (4.5 m2) of floor ☒ ☐ ☐ area with no one floor dimension being less than 6 feet (1829 mm) and a clear ceiling height of 8 feet (2438 mm) or more; 2. Be limited to one inmate; ☒ ☐ ☐ 0165\Alameda\Berkley PD BPSC\PHY 18-20;9/24/19 - 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 3. Contain a flushing ring toilet, capable of accepting solid waste, mounted flush with the floor, the controls for ☒ ☐ ☐ which must be located outside of the cell; 4. Be padded as specified in Section 1231.3; ☒ ☐ ☐ 5. Be equipped with a variable intensity, security-type lighting fixture which is inaccessible to the inmate ☒ ☐ ☐ occupant, control of which is located outside of the cell; 6. Provide one or more vertical view panels not more than 4 inches (102 mm) wide nor less than 24 inches (610 ☒ ☐ ☐ mm) long which shall provide a view of the entire room; 7. Provide a food pass with lockable shutter, no more than 4 inches (102 mm) high, and located between 26 ☒ ☐ ☐ inches (660 mm) and 32 inches (813 mm) as measured from the bottom of the food pass to the floor; and, 8. Any wall or ceiling mounted devices must be ☒ ☐ ☐ inaccessible to the inmate occupant. 1231.2.6 Single-occupancy cells. There are no single-occupancy cells Single-occupancy cells shall: ☐ ☐ ☒ 1. Have a maximum capacity of one inmate; 2. Contain a minimum of 60 square feet (5.6 m2) of floor area in Type I facilities and 70 square feet (6.5 m2) of ☐ ☐ ☒ floor area in Type II and Type III facilities; 3. Have a minimum clear ceiling height of 8 feet (2438 ☐ ☐ ☒ mm) and a minimum width of 6 feet (1829 mm); 4. Contain a toilet, wash basin and drinking fountain as ☐ ☐ ☒ specified in Section 1231.3; and 5. Contain a bunk, desk and seat as specified in Section 1231.3. ☐ ☐ ☒ Exception: A Type I facility does not require a desk and seat. 1231.2.7 Double-occupancy cells. Double-occupancy cells shall: ☒ ☐ ☐ 1. Have a maximum capacity of two inmates; 2. Contain a minimum of 60 square feet (5.6 m2) of floor area in Type I facilities and 70 square feet (6.5 m2) of ☒ ☐ ☐ floor area in Type II and Type III facilities; 3. Have a minimum clear ceiling height of 8 feet (2438 ☒ ☐ ☐ mm) and a minimum width of 6 feet (1829 mm); 4. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; and 5. Contain two bunks, and at least one desk and seat as This is a Type I facility; double cells do not have specified in Section 1231.3. desk and seats ☒ ☐ ☐ Exception: A Type I facility does not require a desk and seat. 1231.2.8 Dormitories. Dormitories shall: 1. Contain a minimum of 50 square feet (4.7 m2) of floor area per inmate for a single-bed unit; a minimum of 70 ☒ ☐ ☐ square feet (7 m2) for a double-bed unit; and a minimum of 90 square feet (9.3 m2) for triple-bed unit and have a minimum ceiling height of 8 feet (2438 mm); 2. Be designed for no more than 64 inmates and no fewer ☒ ☐ ☐ than four inmates; 0165\Alameda\Berkley PD BPSC\PHY 18-20;9/24/19 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 3. Provide access to water closets separate from the wash basin and drinking fountains as specified in Section ☒ ☐ ☐ 1231.3; and 4. In other than Type I facilities, provide storage space This Type I facility housing no sentenced inmate ☐ ☐ ☒ for personal items and clothing for each occupant. workers 1231.2.9 Dayrooms. Dayrooms or dayroom space shall: ☐ ☐ ☒ 1. Contain 35 square feet (3.3 m2) of floor area per inmate in width in front of cells/rooms; 2. Contain tables and seating to accommodate the ☐ ☐ ☒ maximum number of inmates; 3. Provide access to water closets, wash basins and ☐ ☐ ☒ drinking fountains as specified in Section 1231.3; 4. Provide access to a shower or showers as specified in ☐ ☐ ☒ Section 1231.3; and 5. Be provided to all inmates in Type II and Type III facilities (except those housed in special-use cells) and to inmate workers in Type I facilities. Dayroom space as described in this section may be a part of a single ☐ ☐ ☒ occupancy cell used for administrative segregation or a dormitory, in which case the floor area of the cell or a dormitory must be increased by the square footage required for the dayroom. 1231.2.10 Exercise area. An outdoor exercise area or areas must be provided in every Type II and Type III facility. The minimum clear height must be 15 feet (4572 mm) and the minimum number of square ☐ ☐ ☒ feet of surface area will be computed by multiplying 80 percent of maximum rated population by 50 square feet (4.7 m2) and dividing the result by the number of one-hour exercise periods per day. The exercise area must contain or provide free access to a toilet, wash basin, and drinking fountain as provided in ☐ ☐ ☒ Section 1231.3. There must be at least one exercise area of not less than 600 square feet (55.7 m2). The design shall facilitate security and ☐ ☐ ☒ supervision appropriate to the level of custody. Type IV facilities shall have an outdoor recreation area or ☐ ☐ ☒ access to community recreation facilities. 1231.2.11 Correctional program/multipurpose space. An area for correctional programming must be provided in every Type II and Type III facility. The program area and ☐ ☐ ☒ furnishings shall be designed to meet the needs specified by the facility’s program statement. Type IV facilities shall have multipurpose space for games and activities, dining, visiting, TV meetings and quiet space ☐ ☐ ☒ for study and reading, such that activities do not conflict with each other. 1231.2.12 Medical examination room. There must be a minimum of one suitably equipped medical examination room in every facility which provides on-site health care. The examination room shall be designed in ☐ ☐ ☒ consultation with the responsible physician/health authority. Such a medical examination room shall: 0165\Alameda\Berkley PD BPSC\PHY 18-20;9/24/19 - 4 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1. Be located within the security area and provide for ☐ ☐ ☒ privacy of the inmates; 2. Provide not less than 100 square feet (9.3 m2) of floor space with no single dimension less than 7 feet (2134 ☐ ☐ ☒ mm); 3. Provide hot and cold running water; ☐ ☐ ☒ 4. Provide lockable storage for medical supplies; ☐ ☐ ☒ 5. Provide an examination table; ☐ ☐ ☒ 6. Provide adequate lighting; and ☐ ☐ ☒ 7. Any room where medical procedures are provided ☐ ☐ ☒ must be equipped with hot and cold running water 1231.2.13 Pharmaceutical storage space. Prescription medications are secured in a locked Provide lockable storage space for medical supplies and drawer ☒ ☐ ☐ pharmaceutical preparations as referenced by Title 15, California Code of Regulations, Section 1216. 1231.2.14 Medical care housing. This is a Type I facility that does not retain ill or There shall be some means to provide medical care and ☐ ☐ ☒ infirmed inmates housing of ill and/or infirm inmates. When the program statement for a Type II or Type III facility indicates that medical care housing is needed, such housing must provide lockable storage space for medical instruments ☐ ☐ ☒ and must be located within the security area of the facility accessible to both female and male inmates, but not in the living area of either. The medical care housing unit shall be designed in ☐ ☐ ☒ consultation with the health authority. Medical/mental health areas may contain other than single ☐ ☐ ☒ occupancy cells. If negative pressure isolation rooms are being planned, they ☐ ☐ ☒ shall be designed to recognized industry standards. 1231.2.16 Commissary. There is no commissary in this facility In all Type II, III and IV facilities, except where community access is available, there shall be provisions made for inmates ☐ ☐ ☒ to purchase items (such as candy, toilet articles, stationery supplies, books, newspapers and magazines, etc.). An area shall be provided for the secure storage of the stock ☐ ☐ ☒ for such inmate canteen items. 1231.2.17 Dining facilities. Type I facility In all Type II, III and IV facilities which serve meals, dining ☐ ☐ ☒ areas shall be provided which will allow groups of inmates to dine together. Such dining areas shall not contain toilets, wash basins or ☐ ☐ ☒ showers in the same room without appropriate visual barrier. Wherever the facility contains a central dining room or rooms, it shall contain a minimum of 15 square feet (1.4 m2) ☐ ☐ ☒ of floor space and sufficient tables and seating for each inmate being fed. 1231.2.18 Visiting space. Space shall be provided in all Types I, II, III and IV facilities ☒ ☐ ☐ for visiting. 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 barcutters, emergency lights, etc.. 0165\Alameda\Berkley PD BPSC\PHY 18-20;9/24/19 - 5 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.20 Janitors’ closet. In Type II facilities, at least one securely lockable janitors’ closet with sufficient area for the storage of 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. 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. 1231.2.23 Laundry facilities. Laundry is not done in this facility. Laundry is In Type IV facilities, provision shall be made for washing done off-site by contractor ☐ ☐ ☒ and drying personal clothing by machines, either in the facility or in the community, if access is permitted for same. 1231.2.24 Emergency power. There shall be a source of emergency power in all 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. 1231.2.25 Confidential interview rooms. There must be a minimum of one suitably furnished interview room for confidential interviews in every facility which provides onsite health care. The interview room shall ☒ ☐ ☐ be designed in consultation with responsible custodial staff and health care staff. Such an interview room shall: 1. Be located within the security area accessible to both ☒ ☐ ☐ female and male inmates; and 2. Provide not less than 70 square feet (6.5 m2) of floor space with no single dimension less than 6 feet (1829 ☒ ☐ ☐ mm). 1231.2.26 Attorney interview space. All facilities except Type IV facilities shall include ☒ ☐ ☐ attorney interview areas which provide for confidential consultation with inmates. 0165\Alameda\Berkley PD BPSC\PHY 18-20;9/24/19 - 6 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.3.1 Toilets/urinals. 1. Toilets/urinals must be provided in single-occupancy ☒ ☐ ☐ cells and double-occupancy cells. 2. In dormitories, toilets/urinals must be provided in a ☒ ☐ ☐ ratio to inmates of 1:10. 3. Toilets/urinals must be accessible to the occupants of Type I facility without exercise areas ☐ ☐ ☒ day-rooms and exercise areas. 4. In temporary holding cells and temporary staging cells toilets/urinals must be provided in a ratio to inmates of ☐ ☐ ☒ 1:16. 5. In sobering cells toilets/urinals must be provided in a ☒ ☐ ☐ ratio to inmates of 1:8. 6. One urinal or 2 feet (610 mm) of urinal trough may be 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. 7. Toilet areas shall provide modesty for inmates with ☒ ☐ ☐ staff being able to visually supervise. 1231.3.2 Wash basins. 1. Wash basins must be provided in single occupancy ☒ ☐ ☐ cells and double occupancy cells. 2. In dormitories, wash basins must be provided in a ratio ☒ ☐ ☐ to inmates of 1:10. 3. Wash basins must be accessible to the occupants of ☒ ☐ ☐ day-rooms and exercise areas 4. In temporary holding cells and temporary staging cells, wash basins must be provided in a ratio to inmates ☒ ☐ ☐ of 1:16. 5. In sobering cells, wash basins must be provided in a ☒ ☐ ☐ ratio to inmates of 1:8. 6. Wash basins must be provided with hot and cold or ☒ ☐ ☐ tempered water. 7. 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. 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 waste water from flowing over the drinking fountain bubbler. 2. Water flow shall be actuated by mechanical means. ☒ ☐ ☐ 1231.3.4 Showers Must be available to all inmates on a ratio of at least one ☒ ☐ ☐ shower to every 20 inmates or fraction thereof and must provide hot and cold water or tempered water. 0165\Alameda\Berkley PD BPSC\PHY 18-20;9/24/19 - 7 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS Shower stalls/shower areas must be designed and constructed of materials which are impervious to water and soap so they ☒ ☐ ☐ may be easily cleaned. Shower areas shall provide modesty for inmates with staff ☒ ☐ ☐ being able to visually supervise. 1231.3.5 Beds Must be elevated off the floor, have a solid bottom, and a ☒ ☐ ☐ sleeping surface of at least 30 inches (762 mm) wide and 76 inches (1930 mm) long. Multiple beds must have a minimum of 21 inches (533 mm) ☒ ☐ ☐ between bed pans. Except in minimum security areas, beds must be securely ☒ ☐ ☐ fastened to the floor or the wall. 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. 1231.3.7 Windows. In housing areas of higher than minimum security, exterior windows which are constantly accessible to inmates for ☒ ☐ ☐ escape must be designed and constructed so that if broken out, the net area accessible for escape is no greater than 5 inches (127 mm) in one dimension. 1231.3.8 Cell padding. ☒ ☐ ☐ In sobering cells, the floor and partition shall be padded. In safety cells, padding must cover the entire floor, doors, and walls and everything on them to a clear height of 8 feet (2438 ☒ ☐ ☐ mm). All such padded cells must be equipped with a tamper resistant fire sprinkler as approved by the State Fire Marshal. ☒ ☐ ☐ All padding must be: 1. Approved for use by the State Fire Marshal; ☒ ☐ ☐ 2. Nonporous to facilitate cleaning; ☒ ☐ ☐ 3. At least 1/2-inch (12.7 mm) thick; ☒ ☐ ☐ 4. Of a unitary or laminated construction to prevent its destruction by teeth, hand tearing or small metal ☒ ☐ ☐ objects; 5. Firmly bonded to all padded surfaces to prevent ☒ ☐ ☐ tearing or ripping; and 6. Without any exposed seams susceptible to tearing or ☒ ☐ ☐ ripping. 1231.3.9 Mirrors. A mirror of a material appropriate to the level of security ☒ ☐ ☐ must be provided near each wash basin specified in these regulations. 0165\Alameda\Berkley PD BPSC\PHY 18-20;9/24/19 - 8 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.3.10 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. 1231.3.11 Table/seat. Type 1 facility In single- and double-occupancy cells, a table and seat for the purpose of writing and dining shall be provided. ☐ ☐ ☒ Exception: A Type I facility does not require a table and a seat. 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 holding ☒ ☐ ☐ facilities and in all facilities of higher than 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.) 0165\Alameda\Berkley PD BPSC\PHY 18-20;9/24/19 - 9 - 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: 0165 FACILITY: Berkeley PD: Berkeley Public Safety Center TYPE: 1 RC: 38 FIELD REPRESENTATIVE: Dale Miller DATE: 09/24/19 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 1121 Holding 1999 1 7 (7) 13.9 X 6.5 X 8.6 Notes: Two benches – (1)5’10” and (1)7’5” 1117 Safety 1999 1 1 (1) 8.6 X 6.5 X 8.6 1 1123 Safety 1999 1 1 (1) 10.2 X 6.2 X 8.6 1 1130 Safety 1999 1 1 (1) 6.7 X 8.1 X 8.6 1 1115 Sobering 1999 1 4 (4) 8.0 X 10.3 X 8.6 1 1 1 1129 Sobering 1999 1 4 (4) 9.6 X 8.5 X 8.7 1 1 1 1113 Double 1999 1 2 2 2 See Notes 1 1 1 1 Notes: Irregular Dimensions = 76.5 sq. ft.. and 8’10” ceiling. 1114 Double 1999 1 2 2 2 See Notes 1 1 1 Notes: Irregular Dimensions = 80.2 sq. ft. and an 8’10” ceiling uses shower in room 1113. 1116 Dorm 1999 1 4 4 4 See Notes 1 1 1 Notes: Irregular Dimensions = 156 sq. ft. and 8’7” ceiling. This is a handicap cell. There is a table and seating for 4 with a removable seat for a wheel chair 1122 Double 1999 1 2 2 2 See Notes 1 1 1 Notes: Irregular Dimensions = 65 sq. ft. and 8’7” ceiling. 1133 Double 1999 1 2 2 2 See Notes 1 1 1 Notes: Irregular Dimensions = 68.7 sq. ft. and 8’7” ceiling. Drinking fountain that had been removed prior to the 2015 inspection has been replaced. 1134 Double 1999 1 2 2 2 See Notes 1 1 1 Notes: Irregular Dimensions = 67 sq. ft. and 8’7” ceiling. 1135 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 1136 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 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. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 1 - A360 LAS Adult-05.dot (8/05) 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 1137 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 1138 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 1139 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 1140 Double 1999 1 2 2 2 7.6 X 8.8 X 8.7 1 1 1 Notes: Room 1140 is a handicap cell. There is a shower in room 1128. Drinking fountain that had been removed prior to the 2015 inspection has been replaced. 1151 Dorm 1999 1 4 4 4 See Notes 1 1 1 1 Notes: Irregular dimensions = 181 sq. ft. and 8’5” ceiling 1152 Dorm 1999 1 4 4 4 See Notes 1 1 1 1 Notes: Irregular dimensions = 182 sq. ft. and 8’ 5” ceiling 1153 Dorm 1999 1 4 4 4 See Notes 1 1 1 1 Notes: Irregular dimensions = 159 sq. ft. and 8’5” ceiling. This is a handicap accessible cell with a removable seat for a wheel chair. *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. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 2 - A360 LAS Adult-05.dot (8/05) 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 *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. 0165\Alameda\Berkley PD BPSC\PRO 18-20;9/24/19 - 3 - A360 LAS Adult-05.dot (8/05)