Alameda County, Hayward Police Department (2018-2020 inspection cycle)

January 2, 2020 Toney Chaplin, Chief Hayward Police Department 300 W. Winton Avenue Hayward, CA 94544 2018-2020 BIENNIAL INSPECTION PURSUANT TO PENAL CODE 6031 Dear Chief Chaplin, On November 15, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Hayward Police Department’s Type 1 Jail. A pre- inspection briefing was held on April 3, 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 facility. All inspections were completed timely and within regulatory expectations and all corrections were made. 0185\Alameda County\Hayward Police Department Type I; 1/2/2020 Chief Toney Chaplin HPD Type I Page 2 Inspections Fire and Life Safety May 21, 2019 Medical and Mental Health February 20, 2019 Nutritional Health February 20, 2019 Environmental Health February 20, 2019 BSCC INSPECTION The inspection consisted of a review of the Hayward Police Department’s Type 1 Jail Policy and Procedure Manual, a site visit to review operations, physical plant and relevant documentation. Title 15, CCR Evaluation Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 Technical assistance was provided, and we discussed areas of policy and/or procedure that needed to be updated for regulatory content or to more accurately reflect the operations of the facility. The agency provided all updates for our review and all areas were corrected timely and before the writing of this report. There are no areas of outstanding noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant since the last BSCC biennial inspection. We found no areas of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. Minors may be held only in non-secure detention in the Hayward Police Department. The agency’s Temporary Custody of Juveniles’ policy, detention logs and reports were provided for our review. The agency had noted areas of inconsistencies in their logs and reports and self-corrected the errors, initiated updates to their electronic system, provided training to their staff and implemented a quality assurance process to ensure that electronic documentation and the subsequent reports are correct. Additional documentation was reviewed, and all were found to be correct. 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. 0185\Alameda County\Hayward Police Department Type I; 1/2/2020 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0185 FACILITY NAME: Hayward City Jail-Hayward Police Department FACILITY TYPE: TI PERSON(S) INTERVIEWED: Bernie Cunha; Jail Administrator FIELD REPRESENTATIVE: Lisa Southwell DATE: November 15, 2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 Hayward PD Policy Manual Section 900.6(c): Training (a) In addition to the provisions of California Penal Code Section 831.5, all custodial personnel of a Type I, II, III, or All full-time jail personnel have met the IV facility shall successfully complete the “Corrections training requirements. Some patrol officers do Officer Core Course” as described in Section 179 of Title not currently meet the training requirement. 15, CCR, within one year from the date of assignment. ☒ ☐ ☐ Facility administration has been noticed that all persons who work the jail must have the proper training within 1 year of assignment. Technical assistance provided to clarify that assignment refers to the duty of supervising prisoners and not the specific assignment to the jail. (b) Custodial Personnel who have successfully completed Hayward PD Policy Manual Section 900.6(b): the course of instruction required by Penal Code Section Training 832.3 shall also successfully complete the “Corrections ☒ ☐ ☐ 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 Hayward PD Policy Manual Section 900.6(b): Training Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ complete the core training requirements pursuant to Section All jail supervisors have completed the 1020, Corrections Officer Core Course. Correctional Officer Core and the Supervisory Core. In addition, supervisory personnel of any Type I, II, III or IV Hayward PD Policy Manual Section 900.6(b): jail shall also be required to complete either the STC Training 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 Hayward PD Policy Manual Section 900.6(a): Training Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ The Jail Administrator has completed the described in Section 182, Title 15, CCR) or the POST Management Course as required. 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. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 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 Hayward PD Policy Manual Section 900.6(d): Training With the exception of any year that a core training module is successfully completed, all facility/system administrators, ☒ ☐ ☐ Annual refresher training has been completed managers, supervisors, and custody personnel of a Type I, by all staff. Technical assistance provided II, III, or IV facility shall successfully complete the “annual regarding topics and tracking of training for required training” specified in Section 184 of Title 15, CCR. patrol officers that would be appropriate for jail staff. 1027 NUMBER OF PERSONNEL Hayward PD Policy Manual Section 900.6(e): Training A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and Facility staffing consists of the jail operation of the programs and activities required by these administrator, 4 supervisors and 12 CSO’s. regulations. There are currently 2 vacancies and 2 Trainees. Whenever there is an inmate in custody, there shall be at Hayward PD Policy Manual Section 900.6(e): least one employee on duty at all times in a local detention Training facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to There are 4 staff assigned to a team. There are inmates in the event of an emergency. no less than 2 staff on any given shift. Such an employee shall not have any other duties which Hayward PD Policy Manual Section 900.6(e): would conflict with the supervision and care of inmates in Training the event of an emergency. ☒ ☐ ☐ Officers are present in the jail and they do not leave the area. In the event of an emergency, prisoners communicate with the officers via an audio system. Whenever one or more female inmates are in custody, there Hayward PD Policy Manual Section 900.6(e): shall be at least one female employee who shall be Training immediately available and accessible to such females. Note: Reference PC§ 4021. A female officer is assigned to each team. ☒ ☐ ☐ Documentation reviewed showed for the most part, female staff are present; however, it was difficult to verify shift consistency due to method of documentation. Technical assistance provided and discussed a means in which to consistently document female staff are present. To determine if there is a sufficient number of personnel for Hayward PD Policy Manual Section 900.6(e): a specific facility, the facility administrator shall prepare and Training retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ A Staffing plan jail schedule was provided for reviewed by the Board staff at the time of their biennial review. 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 Hayward PD Policy Manual Section 900.6(f): Training Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no ☒ ☐ ☐ Safety checks are required by regulation and more than a 60-minute lapse between safety checks. policy at least hourly. The majority of the safety checks reviewed exceeded regulation/policy mandates. There is a written plan that includes the documentation of Hayward PD Policy Manual Section 900.6(f): routine safety checks. Training6 ☒ ☐ ☐ Safety checks are documented on the jail logs. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 2 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1028 FIRE AND LIFE SAFETY STAFF Hayward PD Policy Manual Section 900.9(b)1: Emergency Procedures-Safety and Security- Fire Procedures 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 Hayward PD Policy Manual Section 900.9(b)1: person on duty who trained in fire and life safety procedures Emergency Procedures-Safety and Security- ☒ ☐ ☐ that relate specifically to the facility. Fire Procedures. 1029 POLICY AND PROCEDURES MANUAL 3 Hayward PD’s full policy and procedure manual was provided for our review. It was last updated in November 2019. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and The Jail is operated under the Agency Support Title 24 regulations and shall be comprehensively reviewed Services Division and follow Section 900. and updated at least every two years. Such a manual shall be Section 900 provides cites to other policy made available to all employees. sections that are applicable to the jail operations. All jail staff are required to read the The policies and procedures required in subsections (a)(6) ☒ ☐ ☐ agency’s full policy and procedure manual. and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have The policy is available to staff for review as been deleted. needed and regular updates are provided to staff electronically and via the jail administrator. (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 Hayward PD Policy Manual Section 900.3: communications. Command and Control Lexipol manual includes a table of organization ☒ ☐ ☐ and a glossary. Section 900.4 is specific to the command structure and the chain of command for the jail. (2) Inspections and operations reviews by the facility Hayward PD Policy Manual Section 900.9(d): administrator/manager. Safety and Security and 900.3 Command and Control ☒ ☐ ☐ Administrators and supervisors are responsible for facility inspections that occur monthly. (3) Policy on the use of force. Hayward PD Policy Manual Section300: Use of Force and Section 900.8(c): Incident Reports ☒ ☐ ☐ Jail staff are trained to Section 300 and are trained in the same manner as officers for Use of Force. Section 900 cites Section 300. 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 3 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) Policy on the use of restraint equipment, including the Hayward PD Policy Manual Section 900.16.4: restraint of pregnant inmates as referenced in Penal Code Restraints for Prisoners Section 3407. The jail does not use restraints beyond safety and security. Any person requiring restraint is ☒ ☐ ☐ transported to the County Jail. All areas of PC 3014 regarding pregnant inmates is noted in policy. (5) Procedure and criteria for screening newly received Hayward PD Policy Manual Section 900.16.13: inmates for release per Penal Code sections 849(b)(2) and Prisoner Release and 900.17.2: Observation at ☒ ☐ ☐ 853.6, and any other such processes as the facility Time of Booking and During Custody administrator is empowered to use. (6) Security and control including: Hayward PD Policy Manual Section 900.3: Command and Control and 900.9(d): Safety ☒ ☐ ☐ and Security (A) physical counts of inmates, Hayward PD Policy Manual Section 900.3: Command and Control ☒ ☐ ☐ Prisoners are counted every 30 minutes. All entries and exits are noted on the jail log. A running total of all prisoners is maintained. (B) searches of the facility and inmates, Hayward PD Policy Manual Sections 900.14: Detention Facility Prisoner Searches, 900.14.1: ☒ ☐ ☐ Strip Searches, 900.14.02: Physical Body Cavity Searches and 900.14.3: Searches of Cells. (C) contraband control, and, Hayward PD Policy Manual Sections 900.14: Detention Facility Prisoner Searches, 900.14.1: Strip Searches, 900.14.02: Physical Body ☒ ☐ ☐ Cavity Searches and 900.14.3: Searches of Cells. Additionally, Section 900.12: Prisoner Receiving addresses contraband searches. (D) key control. Hayward PD Policy Manual Section 900.8: Key ☒ ☐ ☐ Control Each facility administrator shall, at least annually, review, Hayward PD Policy Manual Section 900.5: evaluate, and make a record of security measures. The review Revision of Orders and evaluation shall include internal and external security measures of the facility including security measures specific ☒ ☐ ☐ A security review was completed 11/30/2019 to prevention of sexual abuse and sexual harassment. by the jail manager and provided to the Police Chief. This review included all regulatory requirements. (7) Emergency procedures include: Hayward PD Policy Manual Section 900.8 (b): (A) fire suppression preplan as required by section ☒ ☐ ☐ Fire Procedures 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; Hayward PD Policy Manual Sections 900. 8 ☒ ☐ ☐ (d)5: Escape, 900. 8 (d)6: Hostage, 900. 8 (d)8: Disturbance, (C) mass arrests; Hayward PD Policy Manual Section 900.9(a)6 ☒ ☐ ☐ 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 4 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; Hayward PD Policy Manual Section 900.9(b) ☒ ☐ ☐ (2)(c)8: Fire Procedures (E) periodic testing of emergency equipment; and, 900.9(a)5: Emergency Procedures-Safety and Security. ☒ ☐ ☐ Monthly generator and emergency lighting test is completed by the City Facility Maintenance Division and noted in the monthly fire and life safety inspection completed by administrator. (F) storage, issue, and use of weapons, ammunition, Hayward PD Policy Manual Section 900.9(a)4: chemical agents, and related security devices. Emergency Procedures-Safety and Security The only weapons and security devices that are ☒ ☐ ☐ approved for use in the jail are Oleoresin Capsicum (O.C.) aerosol spray, handcuffs, shackles, waist chains and leg restraints. (8) Suicide Prevention. ☒ ☐ ☐ See Section 1030 (9) Segregation of Inmates. Hayward PD Policy Manual Section 900.15.2: Administrative Segregation ☒ ☐ ☐ Prisoners who are a risk for escape, assault or propensity toward violence will be segregated. (10) Zero tolerance in the prevention of sexual abuse and Hayward PD Policy Manual Section 900.16.2; ☒ ☐ ☐ sexual harassment. Prisoner Conduct (11) Policy and procedure to detect, prevent, and respond Hayward PD Policy Manual Section 900.16.2; to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Prisoner Conduct any abuse. (e) The manual for Temporary Holding, Court Holding, Hayward PD Policy Manual Section 900.16.2; Type I, II, III, and IV facilities shall provide for, but not be Prisoner Conduct limited to, the following: (1) multiple internal ways for inmates to privately report Prisoners may report sexual abuse or sexual sexual abuse and sexual harassment, retaliation by other harassment to jail staff, a jail supervisor or any inmates or staff for reporting sexual abuse and sexual other staff member in the facility. They may ☒ ☐ ☐ harassment, and staff neglect or violation of also report after release through the agency responsibilities that may have contributed to such Internal Affairs division. incidents, Signs are posted in the jail. Information for the public is posted on the public computer located in the lobby and in the jail. (2) a method for uninvolved inmates, family, Hayward PD Policy Manual Section 900.16.2; community members, and other interested third-parties Prisoner Conduct to report sexual abuse or sexual harassment. The method for reporting shall be publicly posted at the ☒ ☐ ☐ Family members or other persons may report facility. through the agency Internal Affairs division. Information is posted on the public computer in the lobby. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 5 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1030 SUICIDE PREVENTION PROGRAM Hayward PD Policy Manual Section 900.17.12: Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon Hayward PD Policy Manual Sections 900.15.1: intake and prior to housing assignment. Classification Procedures, 900.17.1: Medical ☒ ☐ ☐ Pre-Screening Form and 900.26 Prisoner Transfer Classification Procedure (c)Provisions facilitating communication among Hayward PD Policy Manual Section 900.17.12: arresting/transporting officers, facility staff, medical and Suicide Prevention mental health personnel in relation to suicide risk. ☒ ☐ ☐ If a prisoner is at risk for suicide, immediate notification is made to the Watch Commander for direction. The prisoner is assessed by for 5150. (d) Housing recommendations for inmates at risk of suicide. Hayward PD Policy Manual Section 900.17.12: Suicide Prevention If a prisoner needs to be transported to County ☒ ☐ ☐ Jail due to suicidal ideation, he or she is held under close observation in the small cage in the processing area (e) Supervision depending on level of suicide risk. Hayward PD Policy Manual Section 900.17.12: Suicide Prevention ☒ ☐ ☐ Prisoners who are known to be at risk for suicide are to be transported to a medical facility or to the County Jail. (f) Suicide attempt and suicide intervention policies and Hayward PD Policy Manual Section 900.17.12: procedures. Suicide Prevention ☒ ☐ ☐ (g) Provisions for reporting suicides and suicides attempts. Hayward PD Policy Manual Section 900.17.12: Incidents of Death in the Jail ☒ ☐ ☐ (h) Multi-disciplinary administrative review of suicides and Hayward PD Policy Manual Section 900.17.13: attempted suicides as defined by the facility Incidents of Death in the Jail ☒ ☐ ☐ administrator. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 6 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING Hayward PD Policy Manual Section 900.9(b)8: Fire Procedures 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 Hayward PD Policy Manual Section 900.9(b)8: department to be included as part of the policy and procedures Fire Procedures manual (Title 15, California Code of Regulations Section ☒ ☐ ☐ 1029); The fire suppression pre-plan has been developed with Hayward Fire Department. (b) regular fire prevention inspections by facility staff on a Hayward PD Policy Manual Sections monthly basis with two-year retention of the inspection 900.9(d)9: Safety and Security record; The jail supervisor completes this inspection ☒ ☐ ☐ monthly. At inspection, some inspections were unable to be located and were unable to be viewed. Facility supervisor noted this discrepancy before our arrival and corrected the issue as well as updating the inspection form. (c) fire prevention inspections as required by Health and Hayward PD Policy Manual Section 900.9(b): Safety Code Section 13146.1(a) and (b) which requires Fire Procedures and 900.9(c)4: Fire Prevention inspections at least once every two years; Procedures. Standpipes, alarms and detection systems are ☒ ☐ ☐ inspected by city personnel at least semiannually. The facility was inspected by Hayward Fire Department on May 21, 2019 and was granted fire clearance. (d) an evacuation plan; and, Hayward PD Policy Manual Section 900.9(B)(2)c: Prisoner Evacuation ☒ ☐ ☐ Evacuation route is marked on the facility floor by the blue paint line. there is also an evacuation plan posted in the facility. (e) a plan for the emergency housing of inmates in the case of Hayward PD Policy Manual Section 900.9(b)8: fire. Fire Procedures ☒ ☐ ☐ Prisoners will be evacuated to the sally port pending transfer and will be transported to the Alameda County Jail (Santa Rita) for emergency housing if needed. 1040 POPULATION ACCOUNTING Hayward PD Policy Manual Section 900.3: Command and Control Each facility administrator shall maintain an inmate ☒ ☐ ☐ demographics accounting system which reflects the monthly Demographic information maintained in agency average daily population of sentenced and non-sentenced case management system. inmates by categories of male, female and juvenile. Facility administrators shall provide the BSCC with Does not apply applicable inmate demographic information as described in ☐ ☐ ☒ the Jail Profile Survey. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 7 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1041 INMATE RECORDS Hayward PD Policy Manual Section 900.12.3: Booking Documentation (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the Agency booking documentation includes: maintenance of individual inmate records which shall • HPD Arrest Information Form completed by include, but not be limited to, intake information, personal the transporting officer. property receipts, commitment papers, court orders, reports • Alameda County Consolidated Arrest Report of disciplinary actions taken, medical orders issued by the ☒ ☐ ☐ (ACCAR). responsible physician and staff response, and non-medical • Medical and Classification Questionnaire. information regarding disabilities and other limitations. • Disposition Packet completed by jail personnel. • Other forms as necessary Arrest packets reviewed contained the necessary documents. (b) Each facility administrator shall collect accurate, Hayward PD Policy Manual Section 900.16.2: uniform data for every allegation of sexual abuse at facilities Prisoner Conduct 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). 1044 INCIDENT REPORTS Hayward PD Policy Manual Section 900.8: Incident Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ There were no incident reports to review. reporting of all incidents which result in physical harm, or If there were an incident report written, it serious threat of physical harm, to an employee or inmate of would be written as part of the initial crime a detention facility or other person. report. Such records shall include the names of the persons Hayward PD Policy Manual Section 900.8(b): involved, a description of the incident, the actions taken, and ☒ ☐ ☐ Incident the date and time of the occurrence. Such a written record shall be prepared by the staff assigned Hayward PD Policy Manual Section 900.8(b): to investigate the incident and submitted to the facility ☒ ☐ ☐ Incident manager or his/her designee. 1045 PUBLIC INFORMATION PLAN Hayward PD Policy Manual Sections 319: Public Alerts, Section 327: Media Relations and Section 806: Process for Public Records Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the ☒ ☐ ☐ 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 Prisoners have access to Title 15 and 24 upon Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ request. of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as Agency has a Prisoner Fact Sheet that is posted ☒ ☐ ☐ specified in sections: in cells. (1) 1045, Public Information Plan Hayward PD Policy Manual Sections 319: ☒ ☐ ☐ Public Alerts, Section 327: Media Relations and Section 806: Process for Public Records (2) 1061, Inmate Education Plan ☐ ☐ ☒ (3) 1062, Visiting ☒ ☐ ☐ 900.22: Visiting (4) 1063, Correspondence ☒ ☐ ☐ 900.13.4: Prisoner Mail Procedures (5) 1064, Library Service ☐ ☐ ☒ 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 8 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) 1065, Exercise and Recreation ☒ ☐ ☐ 900.16.7: Recreational Activities (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ 900.16.7: Recreational Activities (8) 1067, Access to Telephone ☒ ☐ ☐ 900.19: Telephone Calls (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ 900.22.1: Exceptions to the Visiting Procedure (10) 1069, Inmate Orientation ☒ ☐ ☐ 900.16.3: Housing Unit Rules for Prisoners (11) 1070, Individual/Family Service Programs ☐ ☐ ☒ (12) 1071, Voting ☐ ☐ ☒ (13) 1072, Religious Observance ☒ ☐ ☐ 900.22.1: Exceptions to the Visiting Procedure (14) 1073, Inmate Grievance Procedure ☐ ☐ ☒ (15) 1080, Rules and Disciplinary Penalties No discipline Per Section 900.23: Prisoner ☐ ☐ ☒ Discipline (16) 1081, Plan for Inmate Discipline No discipline Per Section 900.23: Prisoner ☐ ☐ ☒ Discipline (17) 1082, Forms of Discipline No discipline Per Section 900.23: Prisoner ☐ ☐ ☒ Discipline (18) 1083, Limitations on Discipline No discipline Per Section 900.23: Prisoner ☐ ☐ ☒ Discipline (19) 1200, Responsibility for Health Care Services No discipline Per Section 900.23: Prisoner ☐ ☐ ☒ Discipline 1046 DEATH IN CUSTODY Hayward PD Policy Manual Section 900.17.13: (a) Death in Custody Reviews for Adults and Minors. Incidents of Death in the Jail 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 Hayward PD Policy Manual Section 900.17.13: clinical care; whether changes to policies, procedures, or Incidents of Death in the Jail ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor- Hayward PD Policy Manual Section 313.12: In any case in which a minor dies while detained in a jail, Suicide Attempt, Death or Serious Injury of a lockup, or court holding facility: ☒ ☐ ☐ Juvenile (1) The administrator of the facility shall provide to the Hayward PD Policy Manual Section 313.12g: Board a copy of the report submitted to the Attorney Suicide Attempt, Death or Serious Injury of a General under Government Code Section 12525. A copy ☒ ☐ ☐ 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 Hayward PD Policy Manual Section 313.12: administrator, the Board may within 30 calendar days Suicide Attempt, Death or Serious Injury of a inspect and evaluate the jail, lockup, or court holding Juvenile ☒ ☐ ☐ 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. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 9 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN Hayward PD Policy Manual Section 900.15: Classification and Segregation Procedures and 900.15.1: Classification Procedures and Section (a) Each administrator of a temporary holding, Type I, II, or 900.15.2: Administrative Segregation 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, Reviewed classification documentation. age, criminal sophistication, seriousness of crime charged, Documentation meets regulation requirements. 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. Each administrator of a Type II or III facility shall establish Not applicable to Type 1. 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 Hayward PD Policy Manual Section 900.15.1: for male or female inmates, and in making other housing and Classification Procedures 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 Hayward PD Policy Manual Section 900.17.8: Communicable Disease The facility administrator, in cooperation with the responsible physician, shall develop written policies and Any prisoner with a communicable disease will procedures specifying those symptoms that require ☒ ☐ ☐ not be brought to the jail but will be transported segregation of an inmate until a medical evaluation is directly to a medical facility or to the county completed. jail. If they are later found to have a disease, they will be segregated and transported as soon as possible. At the time of intake into the facility, an inquiry shall be Hayward PD Policy Manual Section 900.17.8: made of the person being booked as to whether or not he/she Communicable Disease has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ Reviewed medical documentation. any other communicable diseases, or other special medical Documentation meets regulation requirements. problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 10 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES Hayward PD Policy Manual Section 900.17.5: Developmentally Disabled/Mentally Disordered Prisoner The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered ☒ ☐ ☐ Mentally disordered individuals are not held in inmates, and may include telehealth. the Hayward Jail but are transported to a medical facility or to the County jail. If a person is found to be Mentally disordered, they will be segregated and transported immediately. 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 A prisoner may be segregated for their ☒ ☐ ☐ the inmate or others. protection before transport. 1053 ADMINISTRATIVE SEGREGATION Hayward PD Policy Manual Section 900.15.2: Administrative Segregation 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 Hayward PD Policy Manual Section 900.15.2: secure housing but shall not involve any other deprivation of Administrative Segregation ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL There is no safety cell at the Hayward Jail. The remainder of this section is marked as NA as a result. 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 ☐ ☐ ☒ 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 ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 11 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice ☐ ☐ ☒ every thirty minutes. Such observation shall be documented. Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL Hayward PD Policy Manual Section 900.15.3: 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 Hayward PD Policy Manual Section 900.15.3: ☒ ☐ ☐ are able to continue in the processing. Sobering Cell In no case shall an inmate remain in a sobering cell over six Hayward PD Policy Manual Section 900.15.3c: hours without an evaluation by a medical staff person or an Sobering Cell evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will Hayward PD Policy Manual Section 900.15.3: ☒ ☐ ☐ receive an evaluation by responsible health care staff. Sobering Cell Intermittent direct visual observation of inmates held in the Hayward PD Policy Manual Section 900.15.3: sobering cell shall be conducted no less than every half hour. ☒ ☐ ☐ Sobering Cell Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED Hayward PD Policy Manual Section 900.17.5: INMATES Developmentally Disabled/Mentally Disordered Prisoner The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Developmentally disordered individuals are not procedures for the identification and evaluation, appropriate held in the Hayward Jail but are transported to a classification and housing, protection, and medical facility or to the County jail. If a nondiscrimination of all developmentally disabled inmates. person is found to be Developmentally disordered, they will be segregated and transported immediately. The health authority or designee shall contact the regional County Jails or medical facilities contact the center on any inmate suspected or confirmed to be regional center for these prisoners. developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 12 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES Hayward PD Policy Manual Section 900.16.4: Use of Restraints The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Restraints are only used for safety and security procedures for the use of restraint devices and may delegate in the jail or for transportation outside of the authority to place an inmate in restraints to a responsible jail. health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. 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 of the facility manager, the facility watch commander, ☐ ☐ ☒ 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 or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT INMATES Hayward PD Policy Manual Section 900.16.4: Restraints for Prisoners 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 Hayward PD Policy Manual Section 900.16.4: delivery shall not be restrained by the use of leg irons, waist Restraints for Prisoners chains, or handcuffs behind the body. ☒ ☐ ☐ Females past the third month of pregnancy are not detained in the jail. (2) A pregnant inmate in labor, during delivery, or in Hayward PD Policy Manual Section 900.16.4: recovery after delivery, shall not be restrained by the wrists, Restraints for Prisoners ankles, or both, unless deemed necessary for the safety and ☒ ☐ ☐ security of the inmate, the staff, or the public. Females past the third month of pregnancy are not detained in the jail. (3) Restraints shall be removed when a professional who is Hayward PD Policy Manual Section 900.16.4: currently responsible for the medical care of a pregnant Restraints for Prisoners 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 Hayward PD Policy Manual Section 900.17.4: be advised, orally or in writing, of the standards and policies ☒ ☐ ☐ High Risk Prisoners governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO Hayward PD Policy Manual Section 900.8: COLLECT DNA SPECIMENS, SAMPLES, Incident IMPRESSIONS No force is used to collect DNA. (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 Hayward PD Policy Manual Section 900.8: reasonable force” shall be defined as the force that an Incident 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 Hayward PD Policy Manual Section 900.8: efforts to secure voluntary compliance. Efforts to secure Incident voluntary compliance shall be documented and include an advisement of the legal obligation to provide the ☒ ☐ ☐ Supervisor shall review and approve any plan requisite specimen, sample or impression and the to use force and will be present to document the consequences of refusal. situation. (b) The force shall not be used without the prior written Hayward PD Policy Manual Section 900.8: authorization of the facility watch commander on duty. The Incident authorization shall include information that reflects the fact ☒ ☐ ☐ If voluntary compliance is not obtained the that the offender was asked to provide the requisite Watch Commander is notified and the Court is specimen, sample, or impression and refused. notified for the issuance of a warrant. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) If the use of reasonable force includes a cell extraction, Hayward PD Policy Manual Section 900.8: the extraction shall be videotaped, including audio. Video Incident shall be directed at the cell extraction event. The videotape shall be retained by the agency for the length of time ☒ ☐ ☐ required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 1062 VISITING Hayward PD Policy Manual Section 900.22: Visiting (a) The facility administrator shall develop written policies and procedures for inmate visiting which shall provide for Visitation occurs through video conferencing as many visits and visitors as facility schedules, space, and ☒ ☐ ☐ on site at the jail. The agency logs all visits number of personnel will allow. confirming that visits are scheduled and are taking place. Staff note the person visiting and start/end time of each visit. (b) In Type I facilities, the facility administrator shall Hayward PD Policy Manual Section 900.22: develop and implement written policies and procedures to Visiting allow visiting for non-sentenced detainees. The policies and ☒ ☐ ☐ procedures will include a schedule to assure that non- Visits are Monday -Friday between 1PM and sentenced detainees will be afforded a visit no later than the 5PM for 20 minutes. calendar day following arrest. (c) The visiting policies developed pursuant to this section Hayward PD Policy Manual Section 900.22: shall include provision for visitation by minor children of the Visiting inmate. ☒ ☐ ☐ Minor children may visit but must be in company of a responsible adult. (d) Video visitation may be used to supplement existing Does not apply. visitation programs but shall not be used to fulfill the ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an inmate. (e) Facilities shall not charge for visitation when visitors are Does not apply. 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) Does not apply. 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 Does not apply. 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; Video Visitation hours; 1PM to 5 PM daily Time inmates are allowed for visitation; and, 20 Minutes Any restrictions on inmate visitation. No person may come into the police department that has been convicted of any offense other than a misdemeanor. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 15 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1063 CORRESPONDENCE Hayward PD Policy Manual Section 900.13.4: Prisoner Mail Procedures The facility administrator shall develop written policies and ☒ ☐ ☐ procedures for inmate correspondence which provide that: Prisoners are provided with letter writing supplies as requested. (a) there is no limitation on the volume of mail that an inmate Hayward PD Policy Manual Section 900.13.4: ☒ ☐ ☐ may send or receive; Prisoner Mail Procedures (b) inmate correspondence may be read when there is a Hayward PD Policy Manual Section 900.13.4: valid security reason and the facility manager or his/her ☒ ☐ ☐ Prisoner Mail Procedures designee approves; (c) jail staff shall not review inmate correspondence to or Hayward PD Policy Manual Section 900.13.4: from state and federal courts, any member of the State Bar Prisoner Mail Procedures 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 Hayward PD Policy Manual Section 900.13.4: ☒ ☐ ☐ facility manager or the facility administrator; and, Prisoner Mail Procedures (e) those inmates who are without funds shall be permitted Hayward PD Policy Manual Section 900.13.4: at least two postage paid envelopes and two sheets of paper Prisoner Mail Procedures each week to permit correspondence with family members ☒ ☐ ☐ 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 Hayward PD Policy Manual Section 900.16.7: Recreational Activities (b) The facility administrator of a Type I facility shall make table games and/or television available to inmates. ☒ ☐ ☐ Prisoners have access to television and playing cards. If staffing permits, prisoners are provided with opportunity to exercise. All noted as being available during review of jail. 1066 BOOKS, NEWSPAPERS, PERIODICALS, Hayward PD Policy Manual Section 900.16.7: AND WRITINGS Recreational Activities (b) The facility administrator of a Type I facility shall Newspapers are provided to inmates who develop and implement a written plan to make available a ☒ ☐ ☐ request them. Books are also available. All daily newspaper in general circulation, including a non- were noted as being available during our review English language publication, to assure reasonable access to of the jail. interested inmates. 1067 ACCESS TO TELEPHONE Hayward PD Policy Manual Section 900.19: Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone Initial calls are provided as required. There are beyond those telephone calls which are required by Section phones in the cells for ongoing use. 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL Hayward PD Policy Manual Section 900.13.4: The facility administrator shall develop written policies and Prisoner Mail Procedures, Section 900.22:1: procedures to ensure inmates have access to the court and to Exceptions to the Visiting Procedure and ☒ ☐ ☐ legal counsel. Such access shall consist of: Section 900.19: Telephone Calls 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 16 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) unlimited mail as provided in Section 1063 of these Hayward PD Policy Manual Section 900.13.4: regulations, and, Prisoner Mail Procedures. ☒ ☐ ☐ Prisoners may correspond with the courts and attorneys through letters and mail. (b) confidential consultation with attorneys. Hayward PD Policy Manual Section 900.22: 1: Exceptions to Visitation ☒ ☐ ☐ Attorneys may visit at any time. All visits are conducted in a confidential space. 1069 INMATE ORIENTATION Hayward PD Policy Manual Section 900.16.3: Housing Unit Rules for Prisoners (b) In Type I facilities, the facility administrator shall develop written policies and procedures for a program ☒ ☐ ☐ Orientation is provided verbally and is posted reasonably understandable to non-sentenced detainees to in the housing units. 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 Does not apply to facility. 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 Hayward PD Policy Manual 900.22.1: Visitation Exceptions The facility administrator of a Type I, II, III or IV facility ☒ ☐ ☐ shall develop written policies and procedures to provide Prisoners may request visitation from religious opportunities for inmates to participate in religious services, personnel of their choosing. Members of the practices and counseling on a voluntary basis. clergy may visit at any time. 1073 INMATE GRIEVANCE PROCEDURE Does not apply to facility. The remainder of Applicable to Type I facilities holding sentenced workers. this section is marked NA. (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: (1) a grievance form or instructions for registering a ☐ ☐ ☒ grievance; (2) resolution of the grievance at the lowest appropriate ☐ ☐ ☒ staff level; 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 17 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 Hayward PD Policy Manual Section 900.23: If discipline is NOT administered, written policy should Prisoner Discipline indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Prisoners shall not be subject to discipline ☒ ☐ ☐ while in the Hayward Jail. Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary 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 Hayward PD Policy Manual Section 900.23: Prisoner Discipline Each facility administrator shall develop written policies and ☒ ☐ ☐ procedures for inmate discipline. The plan shall include, but Prisoners shall not be subject to discipline not be limited to, the following elements: while in the Hayward Jail. (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. Hayward PD Policy Manual ☐ ☐ ☒ Section 900.13.4: Prisoner Mail Procedures 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ 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. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 18 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 1082 FORMS OF DISCIPLINE Hayward PD Policy Manual Section 900.23: Prisoner Discipline The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule Prisoners shall not be subject to discipline infraction. Acceptable forms of discipline shall consist of, while in the Hayward Jail. 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. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 19 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY Hayward PD Policy Manual Section 900.23: ACTIONS Prisoner Discipline The Penal Code and the State Constitution expressly prohibit Prisoners shall not be subject to discipline all cruel and unusual punishment. Additionally, there shall while in the Hayward Jail. 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. (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. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 20 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS Hayward PD Policy Manual Section 900.23: Prisoner Discipline Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☒ ☐ ☐ Prisoners shall not be subject to discipline therefore. This requirement may be satisfied by retaining while in the Hayward Jail. copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMMENTS 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 detention of minors: (1) Deinstitutionalization of Status Offenders ☒ ☐ (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 Policy review completed for Technical Assistance. 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. 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 Hayward PD Policy Manual Section 313.12: MINOR IN AN ADULT DETENTION Suicide Attempt, Death or Serious Injury of a FACILITY Juvenile ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES Hayward PD Policy Manual Section 313.12: Suicide Attempt, Death or Serious Injury of a The facility administrator shall develop written policies and ☒ ☐ ☐ Juvenile procedures concerning minors being held in temporary custody which shall address: 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 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 (a) suicide risk and prevention; Hayward PD Policy Manual Section 313.3: Juveniles Who Should Not Be Held ☒ ☐ ☐ Any youth that is a known suicide risk or emotionally disturbed should be evaluated by a medical or mental health professional. If a juvenile may be at risk, they shall be under constant supervision until released or transferred. (b) use of restraints; Hayward PD Policy Manual Section 313.9: Use of Restraint Devices ☒ ☐ ☐ Youth may be handcuffed when they present a heightened risk but never a non-offender. (c) emergency medical assistance and services; and, Hayward PD Policy Manual Section 313.3.1: Emergency Medical Care of Juveniles in ☒ ☐ ☐ Custody (d) prohibiting use of discipline. Hayward PD Policy Manual Section 313.8: ☒ ☐ ☐ Temporary Custody Requirements Minors in detention will not be disciplined. 1143 CARE OF MINORS IN TEMPORARY Hayward PD Policy Manual Section 313.8: CUSTODY Temporary Custody Requirements ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; Hayward PD Policy Manual Section 313.8e: ☒ ☐ ☐ Temporary Custody Requirements (2) one snack upon request during term of temporary Hayward PD Policy Manual Section 313.8f: custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ Temporary Custody Requirements hours or is otherwise in need of nourishment; (3) access to drinking water; and, Hayward PD Policy Manual Section 313.8g: ☒ ☐ ☐ Temporary Custody Requirements (4) privacy during consultation with family, guardian, Hayward PD Policy Manual Section 313.8i: ☒ ☐ ☐ and/or lawyer. Temporary Custody Requirements (5) blankets and clothing, as necessary, to assure the Hayward PD Policy Manual Section 313.8k and ☒ ☐ ☐ comfort of the minor; and, 313.8j: Temporary Custody Requirements (6) his or her personal clothing unless the clothing is Hayward PD Policy Manual Section 313.8j: inadequate, presents a health or safety problem, or is ☒ ☐ ☐ Temporary Custody Requirements required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND Hayward PD Policy Manual Section 313.7: No ADULT PRISONERS Contact Restrictions ☒ ☐ ☐ 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, Hayward PD Policy Manual Section 313.7: No such as booking or facility movement, facility staff (trained Contact Restrictions in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 22 - 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 Hayward PD Policy Manual Section 313.11: Secure Custody 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 Hayward PD Policy Manual Section 313.11a: serious security risk of harm to self or others, the officer may Secure Custody ☒ ☐ ☐ 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 Hayward PD Policy Manual Section 313.11b: ☒ ☐ ☐ taken into custody; Secure Custody (c) minor's behavior, including the degree to which the Hayward PD Policy Manual Section 313.11c: ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Secure Custody (d) the availability of staff to provide adequate Hayward PD Policy Manual Section 313.11d: ☒ ☐ ☐ supervision or protection of the minor; and, Secure Custody (e) the age, type, and number of other individuals who Hayward PD Policy Manual Section 313.11e: ☒ ☐ ☐ are detained in the facility. Secure Custody 1146 CONDITIONS OF SECURE CUSTODY Hayward PD Policy Manual Section 313.1.3: Secure Custody Definition 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 Hayward PD Policy Manual Section 313.11.1: CUSTODY INSIDE A LOCKED Locked Enclosure ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; Hayward PD Policy Manual Section 313.11.1b: and, ☒ ☐ ☐ Locked Enclosure (2) safety checks, as defined in Section 1006, of the Hayward PD Policy Manual Section 313.11.1d: minor by staff of the law enforcement facility, at Locked Enclosure ☒ ☐ ☐ least once every 30 minutes, which shall be No less than every 15 minutes documented. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 23 - 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 (b) Males and females shall not be placed in the same Hayward PD Policy Manual Section 313.11.1e: locked room unless under constant direct visual ☒ ☐ ☐ Locked Enclosure observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE Hayward PD Policy Manual Section 313.11: CUSTODY OUTSIDE OF A LOCKED Secure Custody 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 Hayward PD Policy Manual Section 313.11: direct visual observation to assure the minor's safety while ☒ ☐ ☐ Secure Custody secured to a stationary object. Securing minors to a stationary object for longer than 60 Hayward PD Policy Manual Section 313.11: minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ Secure Custody approved by a supervisor. The decision for securing a minor to a stationary object for Hayward PD Policy Manual Section 313.11: longer than 60 minutes, and every 30 minutes thereafter shall Secure Custody ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE Hayward PD Policy Manual Section 313.4: CUSTODY Custody of Juvenile Offenders 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- Hayward PD Policy Manual Section 313.8.1: SECURE CUSTODY Monitoring of Juveniles in Temporary Custody 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 Hayward PD Policy Manual Section 313.3(d): 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. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 24 - 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 in a locked room Hayward PD Policy Manual Section 313.3: who display outward signs of being under the influence of Juveniles Who should not be Held drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☐ ☐ ☒ If a juvenile is significantly intoxicated, he or she resolution of the intoxicated state or release. These safety will not be held in the facility. checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked Hayward PD Policy Manual Section 313.3: room who display outward signs of being under the Juveniles Who should not be Held influence of drugs, alcohol or any other intoxicating ☐ ☐ ☒ substance shall be supervised in accordance with Section If a juvenile is significantly intoxicated, he or she 1148. will not be held in the facility. Supervision of minors in nonsecure custody who display Hayward PD Policy Manual Section 313.3: outward signs of being under the influence of drugs, alcohol Juveniles Who should not be Held or any other intoxicating substance shall be supervised in ☐ ☐ ☒ accordance with Section 1150. If a juvenile is significantly intoxicated, he or she will not be held in the facility. 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 25 - 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: 0 207.1(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 the minor in secure detention, and the length of time the Number of violations:0 minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ law enforcement facility for longer than six hours. Number of violations:0 0185\Alameda County\Hayward PD Type 1\PRO 18-20; 1/2/2020 - 26 - A352 Type 1 PRO eff. 1/2019 (18-20).dot ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION Board of State & Community Corrections Applicable Title 24 Regulations: PRE-73; 4/73 BSCC Code: 0185 FACILITY NAME: Hayward City Jail-Hayward Police Department FACILITY TYPE: TI APPLICABLE REGULATIONS (Check All That Apply): PRE-73: Post 4/73: X OTHER: 1980 FIELD REPRESENTATIVE: Lisa Southwell DATE: November 15, 2019 TITLE 24 SECTION YES NO N/A COMMENTS Holding Cells (2.2) X Contain 10 square feet of floor per inmate Capacity not to exceed ten (10) persons X 4-73: Capacity limitation deleted Sufficient fixed benches to accommodate cell capacity X Toilet accessible X Water fountain accessible X Wash basin accessible X 3.12 Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification/Sobering Cells (2.4) Sobering cell added for females in 1997 01: name change to “Sobering Cell” Limited to no more than 15 inmates 4-73: Capacity limited to 16 inmates Contain 15 square feet of floor per inmate X There is 20 square feet per person Contain toilet X 4-73: 1:8 ratio Contain washbasin Evaluated under the less restrictive 1980 X 4-73: 1:8 ratio Standards. Contain drinking fountain Evaluated under the less restrictive 1980 X Standards. Adequate visual observation X Padding recommended X 4-73: Padding required Shower-Delousing Room (3.4) Available in booking/reception X 0185\Alameda County\Hayward PD Type I\PHY 18-20; 1/2/2020 - 1 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Secure Vault or Storage Space (2.1) Available for inmate valuables X Telephone (2.1) Available for inmate use per Penal Code § 851.5 X Single Occupancy Cells (2.6) Maximum capacity of one inmate. X A minimum width of 6 feet, length of 7.5 feet and height of One cell is evaluated under the 1973 Standards 8 feet and one under the less restrictive 1980 Standards. X 4-73: Minimum width of 6 feet, length 8 feet and height of 8 Both cells contain 80 square feet. feet, OR clear floor area of 43 square feet Contain toilet and washbasin and drinking fountain X Contain a bunk capable of accommodating a standard 30" X No table, desk, or seat in the 1980 cell. 76" mattress Multiple Occupancy Cells (8227) Two cells evaluated under the 1973 Standards; A capacity of more than 2 persons Two under the 1980 Standards. 4-73: Capacity between 4-16 inmates A minimum of 500 cubic feet of air space per inmate There is 35 square feet per person in 1980 cells. 4-73: Minimum of 25 square feet floor space per inmate Toilet and washbasin X 4-73: 1:8 ratio Drinking fountain X Contain a bunk capable of accommodating a standard 30" X X 76" mattress Safety Cells (2.5) The facility does not have a safety cell. The X remainder of the regulation has been removed from this checklist. Dormitory (2.8) The facility does not have dormitories. The X remainder of the regulation has been removed from this checklist. Showers (3.4) 4-73: Available at 1:16 ratio X 94: Ratio changed to 1:20 0185\Alameda County\Hayward PD Type I\PHY 18-20; 1/2/2020 - 2 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Lighting (3.6) X 4-73: Sufficient to permit easy reading 4-73: Night lighting is sufficient to allow good supervision X Comfortable Living Environment (102(c)6 4-73: A comfortable living environment is maintained X through an adequate heating and cooling system Dayrooms (2.9) Available for inmates in single cells, multiple cells and dormitories X 4-73: 25 square feet dayroom space per inmate in Type II and III facilities and inmate workers in Type I Exercise Area (2.10) Available in Type II and III facilities X 4-73: Minimum of 30 feet X 50 feet X 15 feet Program Space -Type II and III (2.11) Available in Type II and III facilities X 4-73: Sufficient area and furnishing s to meet needs Dining Facilities (2.17) 15 square feet per person served (in facilities for 100 persons or more) X 4-73: Toilets, washbasins and showers are not in the same room or not in view of inmates dining Visiting (2.18) X Visiting area 4-73: Contact visits are permitted in minimum security X facilities Attorney Interview Space (2.26) X Provide for confidential attorney consultation Janitor Closet (2.20) X Located in security areas, lockable, containing a mop sink Storage Space (2.21) X Adequate space available Audio or Video Monitoring System (2.22) Located in all inmate housing units and capable of alerting X staff in a central control Fire Alarm System [102(2)6] Recommended in Pre-73 facilities X 4-73: Automatic fire alarm system is required Emergency Power (2.24) Records retained by building department. Recommended in Pre-73 facilities X 4-73: Required; to provide minimal lighting, communication s and alarm systems 0185\Alameda County\Hayward PD Type I\PHY 18-20; 1/2/2020 - 3 - A380 PHY Type P73&4-73.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State & Community Corrections BSCC Code: 0185 FACILITY: Hayward City Jail-Hayward Police Department TYPE: TI RC: 30 FIELD REPRESENTATIVE: Lisa Southwell DATE: November 15, 2019 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 Pre-book Holding 1980 1 (2) (2) 5.0 x 7.0 Notes: One 5' bench. Toilet, washbasin, and fountain are available in the booking area. Large cage Holding 1973 1 (9) (9) 13 x 7.5 Notes: One 12' bench; one 7' bench. Toilet, washbasin and fountain are available in the booking area. Small cage Holding 1973 1 (6) (6) 8.5 x 7.5 Notes: Two 7' benches; one 3.5' bench. Toilet, washbasin and fountain are available in the booking area. H 1 Holding 1973 1 (3) (3) 6.5 x 7.5 Notes: One 5' bench. Toilet, washbasin and fountain are available in the booking area. H 2 Holding 1973 1 (3) (3) 6.5 x 6 Notes: One 5' bench. Toilet, washbasin and fountain are available in the booking area. H 3 Holding 1973 1 (3) (3) 6.5 x 6 Notes: One 5' bench. Toilet, washbasin and fountain are available in the booking area. Cell 1 Multiple 1980 1 4 4 4 19 x 8 1 1 1 Cell 2 Multiple 1980 1 5 5 5 21 x 8 1 1 1 Cell 3 Single 1980 1 1 1 1 12 x 6 1 1 1 Cell 4 Sobering 1980 1 (8) (8) 8.5 x 19 1 1 1 Cell 5 Multiple 1973 1 8 8 8 11 x 12 1 1 1 Cell 6 Sobering 1994 1 (3) (3) 8 x 11 1 1 1 Cell 7 Multiple 1973 1 12 12 12 13 x 23 2 2 2 Note: Shower, and additional toilet, washbasin and fountain available in the booking area. *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. 0185\Alameda County\Hayward PD Type I\LASE 18-20; 1\2/2020 - 1 - A360 LAS Adult-05.dot (8/05)