Alameda County, Hayward Police Department (2020-2022 inspection cycle)

January 12, 2021 Toney Chaplin, Chief of Police Hayward Police Department 300 W. Winton Avenue Hayward, CA 94544 2020-2022 BIENNIAL INSPECTION OF HAYWARD POLICE DEPARTMENT, HAYWARD POLICE TYPE 1 JAIL FACILITY, PENAL CODE 6031 Dear Chief Chaplin, On November 17, 2020, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Hayward Police Department’s Type 1 Jail Facility. 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 pursuit 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 for the facility; the Physical Plant Evaluation outlining Title 24 requirements for design of the facility; the 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. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department 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 Department and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your Department under a separate cover. Each of the local inspections were current. 0185 Alameda Hayward PD I LTR 20-22 Chief Chaplin Hayward Police Department Page 2 Inspection Date Fire and Life Safety November 4, 2020 Medical and Mental Health February 26, 2020 Environmental Health February 26, 2020 Nutritional February 26, 2020 BSCC INSPECTION The inspection consisted of a review of the Hayward Police’s Department Policy Manual that apply to Type 1 Jail Operations for detention of Adults, a site visit to review operations, physical plant and relevant documentation, and interviews with administration and facility staff. There were no inmates in custody at the time of the inspection, no interviews were conducted with inmates. 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 no items of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Corrective Action Plan No areas of non-compliance were noted, and no corrective action required. Technical Assistance BSCC Staff recommended an update to the facilities sobering cell check sheets to include reasons for placing an arrestee in the sobering cells. Samples have been provided for the department to develop a form that is specific to their operation and needs. Juvenile Justice and Delinquency Prevention Act Compliance The BSCC monitors local detention facilities for compliance with JJDPA; In 2019-2020, no minors were held beyond the 6-hour limit for secure detention. 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 Hayward PD I LTR 20-22 Chief Chaplin Hayward Police Department Page 3 This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Hayward Police Department’s Type 1 Jail. We would like to express our gratitude to Jail Administrator Bernie Cunha and Supervisor Heather Costa for their assistance. We look forward to continuing being available to provide technical assistance to Hayward Police Department. If you should have any questions, please contact me at (916) 956-3679 or email at dale.miller@bscc.ca.gov Sincerely, Digitally signed by Dale A. Miller Dale A. Miller Date: 2021.01.13 08:19:09 -08'00' DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: Mayor, City of Hayward* City Manager, City of Hayward* Presiding Judge, Superior Court, County of Alameda* Grand Jury Foreman, Superior Court, County of Alameda* Bernie Cunha, Jail Administrator, Hayward Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0185 Alameda Hayward PD I LTR 20-22 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0185 FACILITY NAME: Hayward Police Department Jail FACILITY TYPE: I PERSON(S) INTERVIEWED: Jail Administrator Bernie Cunha and Community Services Supervisor Heather Costa FIELD REPRESENTATIVE: Dale Miller DATE: November 17, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 Hayward Police Department Policy Manual (HPDPM) (a) In addition to the provisions of California Penal Code 900 Detention Facility Section 831.5, all custodial personnel of a Type I, II, III, or 900.6 Training ☒ ☐ ☐ IV facility shall successfully complete the “Corrections BSCC STC Division found Hayward PD Officer Core Course” as described in Section 179 of Title compliant with training requirements 2019- 15, CCR, within one year from the date of assignment. 2020. (b) Custodial Personnel who have successfully completed Community Service Offers shall be completed the course of instruction required by Penal Code Section within the first year of employment, as 832.3 shall also successfully complete the “Corrections specified in 15 CCR § 179. Custodial personnel Officer Basic Academy Supplemental Core Course” as ☒ ☐ ☐ may substitute Penal Code § 832.3 training and described in Section 180 of Title 15, CCR, within one year the "Corrections Officer Basic Academy from the date of assignment. Supplemental Core Course" as specified in 15 CCR § 180 1021 JAIL SUPERVISORY TRAINING 900 Detention Facility All of the personnel assigned to the Detention Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ Facility are state certified by the Standards for complete the core training requirements pursuant to Section Training for Corrections. 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV 900.6 (b) Jail Supervisory Training jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, Prior to appointment as a supervisor, these CCR) or the POST supervisory course within one year from ☒ ☐ ☐ personnel shall have completed the Corrections date of assignment. Officer Core Course. All Jail Supervisors shall attend the POST or STC Supervisory Training within one year of appointment. 1023 JAIL MANAGEMENT TRAINING 900.6 (a) Jail Management Training The Jail Administrator shall complete either the Managerial personnel of any Type I, II, III or IV jail shall be POST or STC Management Course. 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. 0185 Alameda Hayward I PRO 20-22 -1 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING 900.6 (d) Continuous Professional Training All facility/system managers, With the exception of any year that a core training module administrators, supervisors, and custody is successfully completed, all facility/system administrators, ☒ ☐ ☐ personnel shall complete the annual required managers, supervisors, and custody personnel of a Type I, training specified in 15 CCR § 184. II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 1027 NUMBER OF PERSONNEL 900.6 (e) Number of Personnel There shall be sufficient personnel on duty at A sufficient number of personnel shall be employed in each all times to provide for the safety and security local detention facility to ensure the implementation and ☒ ☐ ☐ of the facility and its prisoners and to ensure operation of the programs and activities required by these the implementation and operation of all regulations. programs and activities required by these regulations. Whenever there is an inmate in custody, there shall be at 900.6 (e) Number of Personnel least one employee on duty at all times in a local detention Minimum staffing shall include at least one facility or in the building which houses a local detention certified personnel on duty at all times. These ☒ ☐ ☐ facility who shall be immediately available and accessible to personnel shall not have any other duties inmates in the event of an emergency. which would conflict with the supervision and care of inmates in the event of an emergency. Such an employee shall not have any other duties which BSCC Staff reviewed staffing rosters which would conflict with the supervision and care of inmates in ☒ ☐ ☐ appear to have sufficient person on duty in case the event of an emergency. of emergency. Whenever one or more female inmates are in custody, there 900.6 (e) Number of Personnel shall be at least one female employee who shall be If one or more female inmates are in custody, ☒ ☐ ☐ immediately available and accessible to such females. there shall always be at least one certified Note: Reference PC§ 4021. female personnel on duty. To determine if there is a sufficient number of personnel for 900.6 (e) Number of Personnel a specific facility, the facility administrator shall prepare and To determine if there is a sufficient number of retain a staffing plan indicating the personnel assigned in the personnel for a specific facility, the facility facility and their duties. Such a staffing plan shall be administrator shall prepare and retain a staffing reviewed by the Board staff at the time of their biennial plan indicating the personnel assigned in the ☒ ☐ ☐ inspection. The results of such a review and facility and their duties. Such a staffing plan recommendations shall be reported to the local jurisdiction shall be reviewed by the Board staff at the time having fiscal responsibility for the facility. of their biennial inspection. BSCC staff reviewed the 2021 Police staffing summary submitted to City Council. 1027.5 SAFETY CHECKS 900.6 (f) Safety Checks Safety checks shall be conducted at least Safety checks shall be conducted at least hourly through ☒ ☐ ☐ hourly through direct visual observation of all direct visual observation of all inmates. There shall be no inmates. There shall be no more than a 60- more than a 60-minute lapse between safety checks. minute lapse between safety checks. There is a written plan that includes the documentation of All safety checks shall be documented in the routine safety checks. ☒ ☐ ☐ jail log by the personnel who conducted the check. 1028 1028 FIRE AND LIFE SAFETY STAFF 900.9 (b) Fire Procedures Whenever there is an inmate in custody, Pursuant to Penal Code Section 6030(c), whenever there is there shall be at least one person on duty at all ☒ ☐ ☐ an inmate in custody, there shall be at least one person on times who meets the training standards duty at all times who meets the training standards established by the BSCC for general fire and established by the BSCC for general fire and life safety. life safety. 0185 Alameda Hayward I PRO 20-22 - 2 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager shall ensure that there is at least one The facility manager shall ensure that there is person on duty who trained in fire and life safety procedures at least one person on duty trained in fire and that relate specifically to the facility. ☒ ☐ ☐ life safety procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 3 Hayward Police Department Policy Manual, Chapter 9, is primary used as the Detention Facility manual. There are other sections of the Facility administrator(s) shall develop and publish a manual HPDPM that cover specific areas that are of policy and procedures for the facility. The policy and applicable to the Detention Facility and the procedures manual shall address all applicable Title 15 and Police Department as a whole. 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 current Detention Facility Manual was last ☒ ☐ ☐ reviewed and revised on June 27, 2019. The manual is currently undergoing review and is The policies and procedures required in subsections (a)(6) awaiting approval. 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 200 Organization Structure and Responsibility ☒ ☐ ☐ communications. 900.3 Command and Control (2) Inspections and operations reviews by the facility 909.9 (d) Safety and Security ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4) Policy on the use of restraint equipment, including the 301 Handcuffing and Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 900.8 Incident Section 3407. (5) Procedure and criteria for screening newly received 411 Cite and Release Policy inmates for release per Penal Code sections 849(b)(2) and 900.16.13 Prisoner Release ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ 900.9 Emergency Procedures (A) physical counts of inmates, ☒ ☐ ☐ 900.3 Command and Control (B) searches of the facility and inmates, ☒ ☐ ☐ 900.14 Detention Facility – Prisoner Searches (C) contraband control, and, ☒ ☐ ☐ 900.11 Prisoner Receiving (D) key control. ☒ ☐ ☐ 900.7 Jail Key Control/Accountability Each facility administrator shall, at least annually, review, BSCC Staff was presented with a copy of the evaluate, and make a record of security measures. The review Administrator’s Annual Review that was and evaluation shall include internal and external security ☒ ☐ ☐ completed and dated November 12, 2020. measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 202 Emergency Management Plan (A) fire suppression preplans as required by section ☒ ☐ ☐ 900.9 (b) Fire Procedures 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.9 (b) Safety and Security (C) mass arrests; ☒ ☐ ☐ 900.9 (a) Safety Equipment 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0185 Alameda Hayward I PRO 20-22 - 3 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; ☒ ☐ ☐ 900.9 (b)(1) c. Prisoner Evacuation (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 900.9 (d) Safety and Security (F) storage, issue, and use of weapons, ammunition, 900.9 (d) Safety and Security ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 900.17.12 Suicide Prevention (9) Segregation of Inmates. 900.15 Classification and Segregation ☒ ☐ ☐ Procedures (10) Zero tolerance in the prevention of sexual abuse and 900.16.2 Prisoner Conduct ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 1005 Anti-Retaliation to retaliation against any staff or inmate after reporting ☒ ☐ ☐ 900.16.2 Prisoner Conduct any abuse. (e) The manual for Temporary Holding, Court Holding, Reporting procedures for sexual assault and Type I, II, III, and IV facilities shall provide for, but not be harassment is included in the inmate orientation limited to, the following: and is posted. (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, Reporting procedures for sexual assault and community members, and other interested third parties harassment by a third party is posted in the to report sexual abuse or sexual harassment. The ☒ ☐ ☐ public lobby and on the public kiosk. method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 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 All jail staff have been initially trained in contact with inmates. suicide prevention as part of their basic academy, In addition, at least annually, all staff will be provided update refresher training in the ☒ ☐ ☐ form of approved video training and print matter designed to update all staff on current clinical procedures on recognizing suicidal persons. (b) Intake screening for suicide risk immediately upon The classification sheet has specific questions intake and prior to housing assignment. ☒ ☐ ☐ designed to determine if the arrestee has suicidal tendencies, history or current thoughts. (c)Provisions facilitating communication among 900.15.1 Classification Procedures arresting/transporting officers, facility staff, medical and Officer shall provide the Jail CSO with any mental health personnel in relation to suicide risk. specific information as to the prisoners ☒ ☐ ☐ suspected gang/group affiliation, sexual orientation, flight risk, or known medical problems. (d) Housing recommendations for inmates at risk of suicide. Absent appropriate housing, the prisoner shall ☒ ☐ ☐ be transported to Santa Rita jail for direct booking. 0185 Alameda Hayward I PRO 20-22 - 4 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ 900.15.1 Classification Procedures (f) Suicide attempt and suicide intervention policies and 900.17.12 Suicide Prevention ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. In the event of a suicide attempt or suicide in the jail, jail staff shall immediately notify the ☒ ☐ ☐ Watch Commander, the Jail administrator, and the Chief of Police. (h) Multi-disciplinary administrative review of suicides and A multi-disciplinary administrative review of attempted suicides as defined by the facility ☒ ☐ ☐ any suicide or attempted suicide will occur administrator. within 10 days of the occurrence. 1032 FIRE SUPPRESSION PREPLANNING 900.9 Emergency Procedures – Safety and Security 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 900.9 (b) Fire Procedures department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a Monthly testing of the generator and monthly basis with two-year retention of the inspection emergency lights is completed by the city record; facilities division and noted on the Monthly ☒ ☐ ☐ Fire & Life Safety Inspection completed and maintained by the Jail Administrator. BSCC Staff reviewed two years of staff conducted inspections. (c) fire prevention inspections as required by Health and Fire Department last inspected the facility on Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ November 4, 2020. inspections at least once every two years; (d) an evacuation plan; and, 900.9 (b) Fire Procedures ☒ ☐ ☐ Prisoner Evacuation (e) a plan for the emergency housing of inmates in the case of Prisoners will be transported to the Alameda ☒ ☐ ☐ fire. County Jail. 1040 POPULATION ACCOUNTING 900.3 Command and Control The Jail Supervisor is responsible for Each facility administrator shall maintain an inmate conducting an average daily prisoner demographics accounting system which reflects the monthly ☒ ☐ ☐ population count. That count shall be average daily population of sentenced and non-sentenced accomplished at 0200 hours each day and inmates by categories of male, female and juvenile. shall be divided between males and females, as well as, the total number of each currently in custody within the Jail. Facility administrators shall provide the BSCC with Jail Profile Survey was completed and applicable inmate demographic information as described in ☒ ☐ ☐ submitted to BSCC. the Jail Profile Survey. 0185 Alameda Hayward I PRO 20-22 - 5 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1041 INMATE RECORDS 900.3 Command and Control The Jail Supervisor is responsible for (a) Each facility administrator of a Type I, II, III or IV reviewing all Jail prisoner processing facility shall develop written policies and procedures for the documents for completeness and accuracy. maintenance of individual inmate records which shall ☒ ☐ ☐ After reviewing the documents, the Jail include, but not be limited to, intake information, personal Supervisor shall ensure that the documents are property receipts, commitment papers, court orders, reports placed on the Identification Clerk's desk prior of disciplinary actions taken, medical orders issued by the to completing their shift. responsible physician and staff response, and non-medical 803 Records Bureau information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, 900.16.2 Prisoner Conduct uniform data for every allegation of sexual abuse at facilities Any incident reported under these under its direct control and from other facilities with which guidelines shall contain information it contracts for the confinement of its inmates. The data ☒ ☐ ☐ necessary to fulfill the reporting collected shall include, at a minimum, the data necessary to requirements of 34 U.S.C. section satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1). 30303(a)(1) (federal survey on sexual violence). 1044 INCIDENT REPORTS 900.8 Incident (a) Any incident occurring in the Hayward Each facility administrator shall develop written policies and Jail which results in an assault, battery, or procedures for the maintenance of written records and ☒ ☐ ☐ other criminal act against an employee, reporting of all incidents which result in physical harm, or prisoner or other person shall be reported to the serious threat of physical harm, to an employee or inmate of Jail Supervisor without unreasonable delay. a detention facility or other person. Such records shall include the names of the persons (b) The on-duty Jail Supervisor shall ensure involved, a description of the incident, the actions taken, and that an investigation is initiated by a police the date and time of the occurrence. officer, who will prepare a written report, which shall include the date and time of the occurrence, the names of the persons involved ☒ ☐ ☐ including witnesses, a description of the incident and action taken. BSCC Staff reviewed incidents from the last year. Reports meet the guidelines of this section. Such a written record shall be prepared by the staff assigned The written report is to be submitted to the patrol to investigate the incident and submitted to the facility ☒ ☐ ☐ officer's Supervisor. manager or his/her designee. 1045 PUBLIC INFORMATION PLAN Public information regarding the Jail facility is available on the HPD.net website online, or on either of the two public kiosks available in our Each facility administrator of a Type I, II, III or IV facility department library. 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 Board of State and Community Corrections Minimum Standards for Local Detention Facilities as found ☒ ☐ ☐ in Title 15 of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ (2) 1061, Inmate Education Plan ☒ ☐ ☐ (3) 1062, Visiting ☒ ☐ ☐ (4) 1063, Correspondence ☒ ☐ ☐ 0185 Alameda Hayward I PRO 20-22 - 6 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (5) 1064, Library Service ☒ ☐ ☐ Books, periodicals, magazines and newspapers (6) 1065, Exercise and Recreation ☒ ☐ ☐ (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ (8) 1067, Access to Telephone ☒ ☐ ☐ (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ (10) 1069, Inmate Orientation ☒ ☐ ☐ (11) 1070, Individual/Family Service Programs ☒ ☐ ☐ (12) 1071, Voting ☒ ☐ ☐ No sentenced inmates are held in this facility. (13) 1072, Religious Observance ☒ ☐ ☐ (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ Agency utilizes the citizen complaint system. (15) 1080, Rules and Disciplinary Penalties ☒ ☐ ☐ (16) 1081, Plan for Inmate Discipline ☒ ☐ ☐ (17) 1082, Forms of Discipline ☒ ☐ ☐ (18) 1083, Limitations on Discipline ☒ ☐ ☐ (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ 1046 DEATH IN CUSTODY 900.17.13 Incidents of Death in the Jail A review team comprised of the Chief of (a) Death in Custody Reviews for Adults and Minors. Police or designee, the health administrator, the responsible physician, and other health The facility administrator, in cooperation with the health care and supervision staffs who were relevant administrator, shall develop written policy and procedures to to the incident shall conduct a review of the ensure that there is an initial review of every in-custody ☒ ☐ ☐ incident. This review shall occur within 30 death within 30 days. The review team shall include the days of the incident and shall review the facility administrator and/or the facility manager, the health appropriateness of clinical care; whether administrator, the responsible physician and other health changes to policies, procedures, or practices care and supervision staff who are relevant to the incident. are warranted; and to identify issues that require further study. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 313.12 Suicide Attempt, Death or Serious In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Injury of a Juvenile lockup, or court holding facility: (1) The administrator of the facility shall provide to the (g) In the case of a death, providing a report to Board a copy of the report submitted to the Attorney the Attorney General under Government Code General under Government Code Section 12525. A copy § 12525 within 10 calendar days of the death, ☒ ☐ ☐ of the report shall be submitted within 10 calendar days and forwarding the same report to the Board of after the death. State and Community Corrections within the same time frame. (2) Upon receipt of a report of death of a minor from the Upon receipt of a report of death of a minor administrator, the Board may within 30 calendar days from the Administrator, the Board may within inspect and evaluate the jail, lockup, or court holding 30 calendar days inspect and evaluate the jail, ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any lock-up, or court holding facility. inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 0185 Alameda Hayward I PRO 20-22 - 7 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 900.15 Classification and Segregation Procedures (a) Each administrator of a temporary holding, Type I, II, or The Hayward's classification system has been III facility shall develop and implement a written tailored to meet the distinct needs of the classification plan designed to properly assign inmates to facility. housing units and activities according to the categories of sex, The Haywards classification system separates age, criminal sophistication, seriousness of crime charged, the sophisticated from the uninitiated, the physical or mental health needs, assaultive/non-assaultive violent from the nonviolent, the passive from behavior, risk of being sexually abused, or sexually harassed the aggressive. This system assists in ☒ ☐ ☐ and other criteria which will provide for the safety of the identifying security risks, the physically and inmates and staff. Such housing unit assignment shall be mentally ill, those requiring protective accomplished to the extent possible within the limits of the custody, those who may become potential available number of distinct housing units or cells in a facility. victims to assertive and assaultive prisoners. The written classification plan shall be based on objective Male and Female prisoners must be separated criteria and include receiving screening performed at the time from each other at all times. 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 Sentenced prisoners are to be separated from and implement a classification system which will include the Unsentenced, and Civil Commitments must be use of classification officers or a classification committee in separated from Criminal Commitments. order to properly assign inmates to housing, work, rehabilitation programs, and leisure activities. Such a plan This is a type 1 facility without sentenced shall include the use of as much information as is available inmate workers. about the inmate and from the inmate and shall provide for ☒ ☐ ☐ a channel of appeal by the inmate to the facility No inmates exceed 96 hours in this 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 The Jail CSO shall consult with the Jail for male or female inmates, and in making other housing and Supervisor to determine housing unit programming assignments, the agency shall consider on a assignments. Considerations shall be made to case-by-case basis whether a placement would ensure the house felony prisoners, misdemeanor inmate's health and safety, and whether the placement would prisoners and traffic offenders separately present management or security problems. An inmate's own whenever possible. views with respect to his or her own safety shall be given Females are to be housed separately from males serious consideration. at all times. The inmate’s own views with ☒ ☐ ☐ respect to his or her own safety should be given serious consideration. When the prisoner appears to be a danger to himself/herself and/or others, or is gravely disabled due to illness, intoxication or mental disorder, the Officer shall be notified, and the Jail Supervisor will arrange transport for evaluation by mental health professionals. 1051 COMMUNICABLE DISEASES 900.17.8 Communicable Diseases Persons suspected of having an infectious The facility administrator, in cooperation with the disease shall not be accepted into the Hayward responsible physician, shall develop written policies and ☒ ☐ ☐ Jail. The Jail CSO is responsible for procedures specifying those symptoms that require inquiring at the time of booking as to the segregation of an inmate until a medical evaluation is existence of any communicable disease. completed. 0185 Alameda Hayward I PRO 20-22 - 8 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be It shall be the responsibility of the Jail made of the person being booked as to whether or not he/she Supervisor to ensure that all instances of has or has had any communicable diseases, such as reportable communicable disease exposure tuberculosis or has observable symptoms of tuberculosis or are promptly reported to the Watch ☒ ☐ ☐ any other communicable diseases, or other special medical Commander and Jail Administrator. The problem identified by the health authority. The response Alameda County Health Department shall be shall be noted on the booking form and/or screening device. immediately notified in all cases of a mandated reportable communicable disease. 1052 MENTALLY DISORDERED INMATES 900.12.1 Admission Refusal Mentally disordered persons of known The facility administrator, in cooperation with the ☒ ☐ ☐ diminished mental capacity who are a danger responsible physician, shall develop written policies and to themselves or others and those who express, procedures to identify and evaluate all mentally disordered through words or actions an intent to take their inmates, and may include telehealth. own life while in custody. If an evaluation from medical or mental health staff is not The Jail Supervisor may also refuse readily available, an inmate shall be considered mentally admittance to those classes of persons who disordered for the purpose of this section if he or she appears are listed below. Normally, these persons to be a danger to himself/herself or others or if he/she should be confined at Alameda County Jail appears gravely disabled. ☒ ☐ ☐ (Santa Rita Facility), where their particular needs are more appropriately accommodated. 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 900.17.5 Developmentally Disabled/Mentally of the inmate or others. Disordered Prisoners On determination that a prisoner is ☒ ☐ ☐ developmentally disabled, he/she shall be placed in a segregated area and a Jail Supervisor and Watch Commander shall be notified. 1053 ADMINISTRATIVE SEGREGATION 900.15.2 Administrative Segregation The Hayward City Jail shall provide for the Except in Type IV facilities, each facility administrator shall administrative segregation of prisoners who develop written policies and procedures which provide for demonstrate that they may attempt to escape, the administrative segregation of inmates who are assault other prisoners, or demonstrate a determined to be prone to: promote activity or behavior that propensity towards violence. An appropriate is criminal in nature or disruptive to facility operations; cell shall be used for this type of demonstrate influence over other inmates, including segregation (single cell or holding cell). Any influence to promote or direct action or behavior that is ☒ ☐ ☐ administrative segregation of a prisoner must criminal in nature or disruptive to the safety and security of be entered on the Jail log and the Watch other inmates or facility staff, as well as to the safe operation Commander shall be advised as soon as of the facility; escape; assault, attempted assault, or possible. 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 Segregated prisoners will be allowed the secure housing but shall not involve any other deprivation of same rights as others. They will not be privileges than is necessary to obtain the objective of denied meals, bedding, or sanitation facilities protecting the inmates and staff. while in segregation. If a prisoner is placed in a ☒ ☐ ☐ holding cell, he/she will be asked every half hour during the Jail check if he/she desires to use the bathroom facilities or needs access to the telephone or drinking water. 0185 Alameda Hayward I PRO 20-22 - 9 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL This facility does not contain a safety cell as described in Title 24, Part 2, Section 1231.2.5. 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. A medical assessment shall be completed within a maximum This facility does not contain a safety cell as of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ described in Title 24, Part 2, Section 1231.2.5. 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 900.15.3 Sobering Cell The sobering cell shall be used for the The sobering cell described in Title 24, Part 2, Section housing of prisoners who present a threat to 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ their own safety or the safety of others due to threat to their own safety or the safety of others due to their their state of intoxication. 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 Such persons shall be removed from the are able to continue in the processing. ☒ ☐ ☐ sobering cell as soon as their condition allows for continued processing. In no case shall an inmate remain in a sobering cell over six 900.15.3 Sobering Cell hours without an evaluation by a medical staff person or an (c) Under no circumstances shall an inmate be evaluation by custody staff, pursuant to written medical held in a sobering cell for more than six hours ☒ ☐ ☐ procedures in accordance with section 1213 of these without being evaluated by qualified medical regulations, to determine whether the prisoner has an urgent personnel to ensure that the inmate does not have medical problem. an urgent medical issue. 0185 Alameda Hayward I PRO 20-22 - 10 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At 12 hours from the time of placement, all inmates will (e) No person shall be held in a sobering cell receive an evaluation by responsible health care staff. past 12 hours, even if medically evaluated at ☒ ☐ ☐ the 6-hour mark. No person placed for sobering shall be held past twelve hours without a complete medical evaluation from qualified health care staff. Intermittent direct visual observation of inmates held in the 900.15.3 Sobering Cell sobering cell shall be conducted no less than every half hour. Safety check consisting of direct visual Such observation shall be documented. observation sufficient to assess the inmate's well-being and behavior shall occur at least once every 30 minutes. Each safety check ☒ ☐ ☐ shall be documented on the individual sobering cell logs. BSCC Staff reviewed 12 random sobering cell logs from June through November 2020. Checks and the time in the cell were within the section’s guidelines. 1057 DEVELOPMENTALLY DISABLED 900.17.5 Developmentally Disabled/Mentally INMATES Disordered Prisoners Developmentally disabled prisoners are The facility administrator, in cooperation with the persons who are disabled due to mental ☒ ☐ ☐ responsible physician, shall develop written policies and retardation, cerebral palsy, epilepsy, autism, or procedures for the identification and evaluation, appropriate a combination of these handicaps. Such classification and housing, protection, and persons shall be transported to the appropriate nondiscrimination of all developmentally disabled inmates. medical facility or County Jail. The health authority or designee shall contact the regional In practice, developmentally disabled inmates center on any inmate suspected or confirmed to be are transported to county jail or a mental health developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ facility. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 301 Handcuffing and Restraints 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 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 The only authorized restraining devices allowed regulation, at a minimum, the policy shall address the within the jail facility are; waist chains, following areas: ☒ ☐ ☐ handcuffs, leg restraints, or any combination acceptable restraint devices; therein as approved by the Jail Supervisor, Jail Administrator or Watch Commander. signs or symptoms which should result in immediate In practice, inmates are only placed in the ☐ ☐ ☒ medical/mental health referral; WRAP for transport and not held in the facility. availability of cardiopulmonary resuscitation equipment; AED and CPR emergency equipment is ☒ ☐ ☐ available. 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. 0185 Alameda Hayward I PRO 20-22 - 11 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Restraint devices shall only be used on inmates who display 301.2 Handcuffing and Restraints Policy behavior which results in the destruction of property or Restraint devices shall not be used to punish, to reveal an intent to cause physical harm to self or others. display authority or as a show of force. 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 The only authorized restraining devices allowed of the facility manager, the facility watch commander, within the jail facility are; waist chains, responsible health care staff; continued retention shall be ☒ ☐ ☐ handcuffs, leg restraints, or any combination reviewed a minimum of every hour. therein as approved by the Jail Supervisor, Jail Administrator or Watch Commander. A medical opinion on placement and retention shall be Persons in restraints will not be held in the ☐ ☐ ☒ secured within one hour from the time of placement. facility. 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 BSCC Staff requested to see any reports of every thirty minutes to ensure that the restraints are properly restraints in the Jail. There were no incidents in ☐ ☐ ☒ employed, and to ensure the safety and well-being of the the last year. inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone In practice, restrained inmates are transported or in a specified housing area for restrained inmates which ☐ ☐ ☒ immediately. 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. 1058.5 RESTRAINTS AND PREGNANT INMATES 900.16.4 Restraints for Prisoners No female arrestee who is in labor shall be The facility administrator, in cooperation with the handcuffed or restrained by the wrists, ankles responsible physician, shall develop written policies and ☒ ☐ ☐ or both unless it is reasonably necessary for procedures for the use of restraint devices on pregnant the safety of the arrestee, officers or others. 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 (a) An inmate known to be pregnant or in delivery shall not be restrained by the use of leg irons, waist recovery after delivery shall not be restrained ☒ ☐ ☐ chains, or handcuffs behind the body. by the use of leg irons, waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in (b) A pregnant inmate in labor, during recovery after delivery, shall not be restrained by the wrists, delivery, or in recovery after delivery, shall not ankles, or both, unless deemed necessary for the safety and ☒ ☐ ☐ be restrained by the wrists, ankles, or both, security of the inmate, the staff, or the public. unless deemed necessary for the safety and security of the inmate, the staff, or the public. 0185 Alameda Hayward I PRO 20-22 - 12 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional who is (c) Restraints shall be removed when a currently responsible for the medical care of a pregnant professional who is currently responsible for inmate during a medical emergency, labor, delivery, or the medical care of a pregnant inmate during a ☒ ☐ ☐ recovery after delivery determines that the removal of medical emergency, labor, delivery, or recovery restraints is medically necessary. after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall (e) Upon confirmation of an inmate's be advised, orally or in writing, of the standards and policies pregnancy, she shall be advised, orally or in ☒ ☐ ☐ governing pregnant inmates. writing, of the standards and policies governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO 340.5 Use of Force to Obtain Samples COLLECT DNA SPECIMENS, SAMPLES, If a person refuses to cooperate with the sample IMPRESSIONS collection process, officers should attempt to identify the reason for refusal and seek (a) Pursuant to Penal Code Section 298.1, authorized law voluntary compliance without resorting to using enforcement, custodial, or corrections personnel including force. Force will not be used in the collection of ☒ ☐ ☐ peace officers, may employ reasonable force to collect blood samples except as authorized by court order and specimens, saliva samples, or thumb or palm print only with the approval of a supervisor. 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 900.8 Incident reasonable force” shall be defined as the force that an In the case of DNA sample collection, force objective, trained and competent correctional employee, ☐ ☐ ☒ shall not be used at HPD. 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 Once the court order is obtained, an attempt efforts to secure voluntary compliance. Efforts to secure for voluntary compliance will again be voluntary compliance shall be documented and include an advisement of the legal obligation to provide the ☐ ☐ ☒ sought. If unsuccessful the subject shall be transported to Santa Rita jail and the court requisite specimen, sample or impression and the order presented for collection at that facility. consequences of refusal. (b) The force shall not be used without the prior written 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, the extraction shall be videotaped, including audio. Video 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 900.22 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. 0185 Alameda Hayward I PRO 20-22 - 13 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) In Type I facilities, the facility administrator shall Inmate Visitation is daily from 1:00 P.M. to develop and implement written policies and procedures to 5:00 P.M. the next calendar day. 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 Visitation is available to minor children of shall include provision for visitation by minor children of the ☒ ☐ ☐ inmates when accompanied by a parent or inmate. qualified adult guardian. (d) Video visitation may be used to supplement existing Visitation is primarily conducted over video. visitation programs but shall not be used to fulfill the 900.22.1 Exceptions to the Visiting Procedure requirements of this section if in-person visitation is The on-duty Jail Supervisor shall in their best ☒ ☐ ☐ requested by an inmate. judgment, provide space and adequate security for visitation for all prisoners in custody that request this right. (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; Video visitation Visitation hours; 1:00 PM to 5:00 PM Time inmates are allowed for visitation; and, 20 Minutes Any restrictions on inmate visitation. Limited due to COVID-19 restrictions 1063 CORRESPONDENCE 900.13.4 Prisoner Mail Procedures Hayward City Jail does not house sentenced ☒ ☐ ☐ The facility administrator shall develop written policies and prisoners of any type. procedures for inmate correspondence which provide that: (a) there is no limitation on the volume of mail that an inmate (a) There is no limitation on the volume of mail ☒ ☐ ☐ may send or receive; that a prisoner may send or receive. (b) inmate correspondence may be read when there is a (b) Prisoner mail may be read when there valid security reason and the facility manager or his/her designee approves; ☒ ☐ ☐ is a valid security reason and the Jail Administrator has given approval. (c) jail staff shall not review inmate correspondence to or (c) Prisoners may correspond, confidentially, from state and federal courts, any member of the State Bar with state and federal courts, any members of or holder of public office, and the State Board of State and the State Bar or holder of public office, and Community Corrections; however, jail authorities may the Board of State and Community open and inspect such mail only to search for contraband, ☒ ☐ ☐ Corrections in compliance with title 15 § cash, checks, or money orders and in the presence of the 1068; however, jail authorities may open and inmate; inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the prisoner. 0185 Alameda Hayward I PRO 20-22 - 14 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) inmates may correspond, confidentially, with the (d) Prisoners may correspond confidentially facility manager or the facility administrator; and, ☒ ☐ ☐ with the facility manager or the facility administrator. (e) those inmates who are without funds shall be permitted (e) Those prisoners who are without funds at least two postage paid envelopes and two sheets of paper shall be permitted at least two postage paid each week to permit correspondence with family members letters each week to permit correspondence and friends but without limitation on the number of postage ☒ ☐ ☐ with family members and friends but paid envelopes and sheets of paper to his or her attorney without limitation on the number of postage and to the courts. paid letters to his or her attorney and to the courts. 1065 EXERCISE AND RECREATION 900.16.7 Recreational Items Books and playing cards, as well as a daily ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make newspaper are available for prisoner recreation. table games and/or television available to inmates. 1066 BOOKS, NEWSPAPERS, PERIODICALS, 900.16.7 Recreational Items AND WRITINGS There shall be a daily newspaper provided to prisoners who request reading material. (b) The facility administrator of a Type I facility shall Television viewing for prisoners in custody develop and implement a written plan to make available a awaiting transport to court or Alameda County ☒ ☐ ☐ daily newspaper in general circulation, including a non- Jail will be provided by moving the prisoners English language publication, to assure reasonable access to to the large holding cell. Television viewing interested inmates. will be provided as possible in conjunction with intake processing, safety and security. Non-English publications are available. 1067 ACCESS TO TELEPHONE 900.19 Telephone Calls A person arrested has the right to make three The facility administrator shall develop written policies and completed telephone calls immediately upon ☒ ☐ ☐ procedures which allow reasonable access to a telephone being booked or no longer than three hours beyond those telephone calls which are required by Section after the arrest. These calls are to be at no 851.5 of the Penal Code. expense if completed to a local dialing area. 1068 ACCESS TO COURTS AND COUNSEL 900.19 Telephone Calls Under no circumstances will the call be The facility administrator shall develop written policies and ☒ ☐ ☐ monitored, eavesdropped upon, or recorded. procedures to ensure inmates have access to the court and to 900.22.22 Attorneys / Public Defenders legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these 900.3.4 Prisoner Mail Procedures ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 0185 Alameda Hayward I PRO 20-22 - 15 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1069 INMATE ORIENTATION 900.16.3 Housing Unit Rules for Prisoners Inmate orientation is accomplished through (b) In Type I facilities, the facility administrator shall verbal instruction during intake as noted on develop written policies and procedures for a program the intake classification sheet, as well as reasonably understandable to non-sentenced detainees to information posted in the cells and holding orient an inmate at the time of placement in a living area. areas. Such a program shall be published and include, but not be It shall include information regarding rules limited to, the following: and disciplinary procedure, visiting rule, availability of personal care items, ☒ ☐ ☐ opportunities for personal hygiene, availability of reading and recreational materials and medical mental health procedures. Access to telephone is available in every housing cell and transfer cage. IT shall also note that access to title 15 and 24 as well as Jail orders shall be maintained in a binder available for review upon request by any prisoner. (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 This is a Type 1 Facility and, as a matter of policy the Hayward City Jail does not house sentenced prisoners of any type. 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 900.221 Exceptions to Visiting Procedure In order to provide religious accommodation, The facility administrator of a Type I, II, III or IV facility inmates requesting such accommodation shall develop written policies and procedures to provide shall be afforded an opportunity for a non- opportunities for inmates to participate in religious services, ☒ ☐ ☐ contact visitation from their recognized practices and counseling on a voluntary basis. religious representative for a maximum of 20 minutes. This visitation shall not take the place of normal visitation allowed for all inmates. 1073 INMATE GRIEVANCE PROCEDURE This is a Type 1 Facility and, as a matter of Applicable to Type I facilities holding sentenced workers. policy the Hayward City Jail does not house sentenced prisoners of any type. (a) Each administrator of a Type II, III, or IV facility and Type I facilities which hold inmate workers shall develop The department’s citizen complaint system is written policies and procedures whereby any inmate may made available to all inmates. ☐ ☐ ☒ 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; 0185 Alameda Hayward I PRO 20-22 - 16 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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: This is a Type 1 Facility and, as a matter of The facility may establish written policy and procedure to policy the Hayward City Jail does not house ☐ ☒ control the submission of an excessive number of sentenced prisoners of any type. grievances. 1080 RULES AND DISCIPLINARY PENALTIES 900.23 Prisoner Discipline If discipline is NOT administered, written policy should Any person brought to the Hayward Police indicate as such. If discipline is administered, Sections Department Jail shall not be subject to any form 1080, 1081, 1082, 1083 and 1084 apply. of discipline for their actions. ☐ ☐ ☒ Any conduct by prisoners which violates any Wherever discipline is administered, each facility law or ordinances while in custody at the administrator shall establish written rules and disciplinary Hayward Police Department Jail shall be penalties to guide inmate conduct. investigated and documented for potential prosecution by the District Attorney's office. 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 Discipline is not administered in this facility. 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. ☐ ☐ ☒ 0185 Alameda Hayward I PRO 20-22 - 17 - A352 Type 1 PRO eff. 1/2019 (20-22).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 Discipline is not administered in this facility. 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 factfinders 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. 0185 Alameda Hayward I PRO 20-22 - 18 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE 900.23 Prisoner Discipline Any person brought to the Hayward Police The degree of punitive actions taken by the disciplinary Department Jail shall not be subject to any form officer shall be directly related to the severity of the rule of discipline for their actions. infraction. Acceptable forms of discipline shall consist of, Any conduct by prisoners which violates any but not be limited to, the following: law or ordinances while in custody at the (a) Loss of privileges. Hayward Police Department Jail shall be investigated and documented for potential (b) Extra work detail. ☐ ☐ ☒ prosecution by the District Attorney's office. (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 900.23 Prisoner Discipline ACTIONS Any person brought to the Hayward Police Department Jail shall not be subject to any form The Penal Code and the State Constitution expressly prohibit of discipline for their actions. all cruel and unusual punishment. Additionally, there shall Any conduct by prisoners which violates any be the following limitations: law or ordinances while in custody at the (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ Hayward Police Department Jail shall be consecutive days there shall be a review by the facility investigated and documented for potential manager before the disciplinary separation status is prosecution by the District Attorney's office. 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 Discipline is not administered in this facility. 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. 0185 Alameda Hayward I PRO 20-22 - 19 - A352 Type 1 PRO eff. 1/2019 (20-22).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 900.23 Prisoner Discipline Any person brought to the Hayward Police Penal Code Section 4019.5 requires that a record is kept of Department Jail shall not be subject to any form all disciplinary infractions and punishment administered, of discipline for their actions. therefore. This requirement may be satisfied by retaining ☐ ☐ ☒ Any conduct by prisoners which violates any copies of rule violation reports and report of the disposition law or ordinances while in custody at the of each. Hayward Police Department Jail shall be investigated and documented for potential prosecution by the District Attorney's office. 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 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 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. 0185 Alameda Hayward I PRO 20-22 - 20 - A352 Type 1 PRO eff. 1/2019 (20-22).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 Police Department FACILITY TYPE: I APPLICABLE REGULATIONS (Check All That Apply): PRE-73: Post 4/73: ✓ OTHER: 1980 FIELD REPRESENTATIVE: Dale Miller DATE: November 17, 2020 TITLE 24 SECTION YES NO N/A COMMENTS Holding Cells (2.2) ✓ ✓ Contain 10 square feet of floor per inmate Capacity not to exceed ten (10) persons ✓ ✓ 4-73: Capacity limitation deleted Sufficient fixed benches to accommodate cell capacity ✓ ✓ Toilet accessible ✓ ✓ Water fountain accessible ✓ ✓ Wash basin accessible ✓ ✓ 3.12 Weapons Locker (3.12) ✓ External to the security area and equipped with individual ✓ 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 ✓ 20 square feet per person ✓ Contain toilet ✓ ✓ 4-73: 1:8 ratio Contain washbasin Evaluated under the less restrictive 1980 ✓ 4-73: 1:8 ratio ✓ Standards. Contain drinking fountain ✓ Evaluated under the less restrictive 1980 ✓ Standards. Adequate visual observation ✓ ✓ Padding recommended ✓ 4-73: Padding required ✓ Shower-Delousing Room (3.4) ✓ Available in booking/reception ✓ 0185 Alameda Hayward I PHY 20-22 -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 Telephone (2.1) ✓ ✓ Available for inmate use per Penal Code § 851.5 Single Occupancy Cells (2.6) ✓ ✓ Maximum capacity of one inmate. 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. ✓ 4-73: Minimum width of 6 feet, length 8 feet and height of ✓ Both cells contain 80 square feet. 8 feet, OR clear floor area of 43 square feet Contain toilet and washbasin and drinking fountain ✓ ✓ 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; Two under the 1980 Standards. ✓ ✓ A capacity of more than 2 persons 4-73: Capacity between 4-16 inmates A minimum of 500 cubic feet of air space per inmate 35 square feet per person in 1980 cells. ✓ ✓ 4-73: Minimum of 25 square feet floor space per inmate Toilet and washbasin ✓ ✓ 4-73: 1:8 ratio Drinking fountain ✓ ✓ Contain a bunk capable of accommodating a standard 30" X 76" mattress ✓ ✓ Safety Cells (2.5) The facility does not have a safety cell. The ✓ remainder of the regulation has been removed ✓ from this checklist. Dormitory (2.8) The facility does not have dormitories. The ✓ remainder of the regulation has been removed ✓ from this checklist. Showers (3.4) ✓ 4-73: Available at 1:16 ratio ✓ 94: Ratio changed to 1:20 Lighting (3.6) ✓ ✓ 4-73: Sufficient to permit easy reading 4-73: Night lighting is sufficient to allow good supervision ✓ ✓ 0185 Alameda Hayward I PHY 20-22 -2 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Comfortable Living Environment (102(c)6 ✓ 4-73: A comfortable living environment is maintained ✓ through an adequate heating and cooling system Dayrooms (2.9) Available for inmates in single cells, multiple cells and ✓ dormitories ✓ 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 ✓ 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 ✓ ✓ 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) ✓ 4-73: Toilets, washbasins and showers are not in the same room or not in view of inmates dining Visiting (2.18) ✓ ✓ Visiting area 4-73: Contact visits are permitted in minimum security ✓ facilities ✓ Attorney Interview Space (2.26) ✓ ✓ Provide for confidential attorney consultation Janitor Closet (2.20) ✓ ✓ Located in security areas, lockable, containing a mop sink Storage Space (2.21) ✓ ✓ Adequate space available 0185 Alameda Hayward I PHY 20-22 -3 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Audio or Video Monitoring System (2.22) ✓ Located in all inmate housing units and capable of alerting ✓ staff in a central control Fire Alarm System [102(2)6] ✓ Recommended in Pre-73 facilities ✓ 4-73: Automatic fire alarm system is required Emergency Power (2.24) Generator checked on the second Thursday of the month. Records retained by building department. Recommended in Pre-73 facilities ✓ ✓ 4-73: Required; to provide minimal lighting, communication s and alarm systems 0185 Alameda Hayward I PHY 20-22 -4 - 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 TYPE: I RC: 30 FIELD REPRESENTATIVE: Dale Miller DATE: November 17, 2020 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 Hayward I LASE 20-22 -1 - A360 LAS Adult-05.dot (8/05)