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

November 20, 2019 Mike Carroll, Chief Newark Police Department 37101 Newark Blvd. Newark, CA 94560 2018-2020 BIENNIAL INSPECTION PURSUANT TO PENAL CODE 6031 Dear Chief Carroll: On November 13, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Newark Police Department’s Temporary Holding Facility. A pre-inspection briefing was held on August 22, 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 authority for a comprehensive perspective of your facility. Each of the local inspections were current with no corrective action necessary. Inspections Fire and Life Safety November 5, 2019 Medical and Mental Health April 3, 2019 Nutritional Health April 3, 2019 Environmental Health April 3, 2019 0200\Alameda Co\Newark Police Department TH 18-20; 11/20/2019 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0200 FACILITY NAME: Newark Police Department (NPD) FACILITY TYPE: TH PERSON(S) INTERVIEWED: Lieutenant Jolie Macias and Sergeant Shannon Todd FIELD REPRESENTATIVE: Lisa Southwell DATE: November 13, 2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Newark Police Department Policy Manual HOLDING FACILITY TRAINING Section 900.1.4: Training Custodial personnel who supervise inmates in, and All facility employees who supervise prisoners supervisors of, a Court Holding or Temporary Holding have received initial training. facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in Newark Police Department Policy Manual any event not more than six months after the date of assigned Section 900.1.4: Training responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once Newark Police Department Policy Manual every two years. Successful completion of the requirements Section 900.1.4: Training in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. ☒ ☐ ☐ Refresher training is offered every year for 4 hours. Reviewed training rosters. All appropriate staff have completed 8 hours refresher training as required. 1027 NUMBER OF PERSONNEL Newark Police Department Policy Manual Section 900.1.3: Staffing Plan A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 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. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 1 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at Newark Police Department Policy Manual least one employee on duty at all times in a local detention Section 900.3.1: Supervision in Temporary facility or in the building which houses a local detention Custody facility who shall be immediately available and accessible to inmates in the event of an emergency. ☒ ☐ ☐ Staff are required to remain in the facility when a prisoner is present. Cameras in cells are audio equipped. If there are prisoners in the cells, the audio toggle switch is turned on unless the prisoner is with their attorney. Such an employee shall not have any other duties which Newark Police Department Policy Manual would conflict with the supervision and care of inmates in ☒ ☐ ☐ Section 900.3.1: Supervision in Temporary the event of an emergency. Custody Whenever one or more female inmates are in custody, there Newark Police Department Policy Manual shall be at least one female employee who shall be Section 900.3.3: Supervision in Temporary immediately available and accessible to such females. Custody ☒ ☐ ☐ Note: Reference PC§ 4021. If a female staff member is not available, the female prisoner is transported to the County Jail. To determine if there is a sufficient number of personnel for Newark Police Department Policy Manual a specific facility, the facility administrator shall prepare and Section 900.3.1: Staffing Plan retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ Newark’s THF is staffed by patrol officers. reviewed by the Board staff at the time of their biennial Arresting officers become booking/supervision inspection. The results of such a review and officers. If an arrestee is in custody, there will recommendations shall be reported to the local jurisdiction always be a minimum of 2 present. having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS Newark Police Department Policy Manual Section 900.3.1: Supervision of Prisoners Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no ☒ ☐ ☐ Safety checks are completed no less than once an more than a 60-minute lapse between safety checks. hour. Documentation reviewed exceeded regulation, and, in many cases, prisoners were not placed in a cell. There is a written plan that includes the documentation of Newark Police Department Policy Manual routine safety checks. Section 900.3.2: Log Entries and Safety Checks ☒ ☐ ☐ The time of all safety checks are logged into the THF custody log. 1028 FIRE AND LIFE SAFETY STAFF Newark Police Department Policy Manual Section 900.1.3: Staffing Plan 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. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one Newark Police Department Policy Manual person on duty who trained in fire and life safety procedures ☒ ☐ ☐ Section 900.1.3: Staffing Plan that relate specifically to the facility. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 2 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Newark Police Department (PPD) provided their policy and procedure manual for our review. The last agency review occurred in August 2019. Facility administrator(s) shall develop and publish a manual In November 2019, an Interim Directive was of policy and procedures for the facility. The policy and implemented removing Lexipol Policy 903 and procedures manual shall address all applicable Title 15 and 906 and replacing them with Section 900- Title 24 regulations and shall be comprehensively reviewed Temporary Custody of Adults. and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of Newark Police Department Policy Manual communications. ☒ ☐ ☐ Section 200.2: Department Organization and 200.5: Department Staff Groups (2) Inspections and operations reviews by the facility Newark Police Department Policy Manual administrator/manager. Section 900.7 Assigned Administrator The facility administrative is responsible for the following: • Annual Security Review • Biennial Fire Inspections • Annual Local Public Health Inspections ☒ ☐ ☐ • Monthly Facility Inspections • Biennial BSCC Inspections Newark Police Department Policy Manual Section 900.3.2: Log Entries and Safety Checks The facility manager is responsible for the review of all custody logs. (3) Policy on the use of force. Newark Police Department Policy Manual Section 900.4.1: Security and Control ☒ ☐ ☐ All Department use of force directives will be complied with per Newark Police Department Orders including Department Orders 300 and 514. (4) Policy on the use of restraint equipment, including the Newark Police Department Policy Manual restraint of pregnant inmates as referenced in Penal Code Sections 306: Handcuffing and Restraints and ☒ ☐ ☐ Section 3407. Section 900.2.9: Restraints and Pregnant Inmates (5) Procedure and criteria for screening newly received Newark Police Department Policy Manual inmates for release per Penal Code sections 849(b)(2) and Section 420.3: Release by Citation and Section ☒ ☐ ☐ 853.6, and any other such processes as the facility 806.4: Arrest Without Filing of Accusatory administrator is empowered to use. Pleading (6) Security and control including: ☒ ☐ ☐ 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 3 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (A) physical counts of inmates, Newark Police Department Policy Manual Section 900.4.5: Receipt of Prisoners ☒ ☐ ☐ All persons who come into the temporary holding facility are documented in the custody log with all pertinent information including name, identifying information, time of arrival and departure, etc. (B) searches of the facility and inmates, Newark Police Department Policy Manual Sections 900.4.5: Receipt of Prisoners and 902 Custodial Searches ☒ ☐ ☐ Each arrestee is searched before placing them in the holding cell. Searches of the cell are conducted before and after a person is placed in a cell. (C) contraband control, and, Newark Police Department Policy Manual Sections 900.4.5: Receipt of Prisoners, 902 Custodial Searches and 902.4: Searches at Police Facilities ☒ ☐ ☐ Each arrestee is searched before placing them in the holding cell. Searches of the cell are conducted before and after a person is placed in a cell. (D) key control. Newark Police Department Policy Manual ☒ ☐ ☐ Section 900.4.1: Security and Control Each facility administrator shall, at least annually, review, Newark Police Department Policy Manual evaluate, and make a record of security measures. The review Sections 900.7: Assigned Administrator and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific The Annual Review was completed by Police to prevention of sexual abuse and sexual harassment. Captain Chomnan Loth on November 5, 2019. (7) Emergency procedures include: See Regulation 1032 (A) fire suppression preplans as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; Newark Police Department Policy Manual ☒ ☐ ☐ Section 900.5.1: Escape, Disturbance and Taking of Hostages (C) mass arrests; Newark Police Department Policy Manual ☒ ☐ ☐ Section 900.5.2: Mass Arrests (D) natural disasters; Newark Police Department Policy Manual ☒ ☐ ☐ Section 900.5.3: Natural Disasters (E) periodic testing of emergency equipment; and, Newark Police Department Policy Manual Section 900.5.4: periodic Testing of Emergency Equipment ☒ ☐ ☐ All equipment is inspected, maintained and tested by city personnel and records maintained/available upon request. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 4 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (F) storage, issue, and use of weapons, ammunition, Newark Police Department Policy Manual chemical agents, and related security devices. Section 900.4.1: Security and Control ☒ ☐ ☐ Firearms and other weapons/ammunition or control devices are not permitted within the secure area of the THF. There are lockers for safe storage. (8) Suicide Prevention. ☒ ☐ ☐ See Section 1030 (9) Segregation of Inmates. Newark Police Department Policy Manual Section 900.3.3: Prisoner Screening, Classification and Segregation ☒ ☐ ☐ Agency staff ensure appropriate prisoners who require segregation are segregated. (10) Zero tolerance in the prevention of sexual abuse and Newark Police Department Policy Manual sexual harassment. Section 900.3.5: Zero Tolerance and Sexual ☒ ☐ ☐ Abuse and Harassment Prevention Reporting Procedure (11) Policy and procedure to detect, prevent, and respond Newark Police Department Policy Manual to retaliation against any staff or inmate after reporting Section 900.3.4: Sexual Abuse and Harassment ☒ ☐ ☐ any abuse. Detection, Prevention and Response to Retaliation (e) The manual for Temporary Holding, Court Holding, Newark Police Department Policy Manual Type I, II, III, and IV facilities shall provide for, but not be Section 900.3.5: Zero Tolerance and Sexual limited to, the following: Abuse and Harassment Prevention Reporting (1) multiple internal ways for inmates to privately report Procedure and Section 900.3.4: Sexual Abuse sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ and Harassment Detection, Prevention and inmates or staff for reporting sexual abuse and sexual Response to Retaliation harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, Newark Police Department Policy Manual community members, and other interested third-parties Section 900.3.5: Zero Tolerance and Sexual to report sexual abuse or sexual harassment. The Abuse and Harassment Prevention Reporting ☒ ☐ ☐ method for reporting shall be publicly posted at the Procedure and Section 900.3.4: Sexual Abuse facility. and Harassment Detection, Prevention and Response to Retaliation 1030 SUICIDE PREVENTION PROGRAM Newark Police Department Policy Manual Section 900.3.6: Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ Agency has a comprehensive plan in place that in conjunction with the health authority and mental health includes all regulatory expectations. 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 Newark Police Department Policy Manual contact with inmates. Section 900.3.6: Suicide Prevention ☒ ☐ ☐ All staff are trained in suicide prevention every two years during their biennial training. (b) Intake screening for suicide risk immediately upon Newark Police Department Policy Manual intake and prior to housing assignment. Section 900.3.6: Suicide Prevention ☒ ☐ ☐ All prisoners are screened prior to entry into the THF. If they exhibit any signs or report to be suicidal, they are taken directly to the hospital. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 5 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Provisions facilitating communication among Newark Police Department Policy Manual arresting/transporting officers, facility staff, medical and Section 900.3.6: Suicide Prevention mental health personnel in relation to suicide risk. Officers evaluate all prisoners for any risks. The ☒ ☐ ☐ booking officer must screen the individual for any medical or suicidal risks and will ask the arresting officer if there has been any statements or other suicidal indications. The Watch Commander is notified of anything significant. (d) Housing recommendations for inmates at risk of suicide. Newark Police Department Policy Manual Section 900.3.6: Suicide Prevention ☒ ☐ ☐ Any prisoner who is identified as suicidal or possibly suicidal will be transported to a hospital or other appropriate facility as soon as the status is discovered. (e) Supervision depending on level of suicide risk. Newark Police Department Policy Manual Section 900.3.6: Suicide Prevention ☒ ☐ ☐ Staff provide continuous direct supervision of prisoners until evaluation, release, or transfer can occur. (f) Suicide attempt and suicide intervention policies and Newark Police Department Policy Manual procedures. Section 900.8: Suicide Attempt, Death, or Serious Injury ☒ ☐ ☐ Any person who is identified as being at risk shall not be housed in the THF. At intake, all items which may be used as a tool are removed from the prisoner. (g) Provisions for reporting suicides and suicides attempts. Newark Police Department Policy Manual ☒ ☐ ☐ Section 900.8: Suicide Attempt, Death, or Serious Injury (h) Multi-disciplinary administrative review of suicides and Newark Police Department Policy Manual attempted suicides as defined by the facility Section 900.3.8: Attempted Suicides and Death ☒ ☐ ☐ administrator. in Custody 1032 FIRE SUPPRESSION PREPLANNING Newark Police Department Policy Manual Section 900.6: Fire Suppression Preplanning 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 Newark Police Department Policy Manual department to be included as part of the policy and procedures Section 900.6: Fire Suppression Preplanning manual (Title 15, California Code of Regulations Section 1029); ☒ ☐ ☐ Facility Administrator has consulted with the Alameda County Fire Department, Adriene Frazier, regarding their fire suppression pre- plan. Ms. Frazier has noted their plan is sufficient. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 6 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) regular fire prevention inspections by facility staff on a Newark Police Department Policy Manual monthly basis with two-year retention of the inspection Section 900.6: Fire Suppression Preplanning record; Agency staff inspect the AED and First Aid Kit Monthly. Agency also undergoes regular fire extinguisher inspections completed by city building maintenance. ☒ ☐ ☐ Technical assistance noted and discussed that agency should be documenting their own extinguisher reviews as part of the monthly fire and life inspection. Agency immediately self- corrected. Documentation was reviewed and found to be complete. (c) fire prevention inspections as required by Health and Newark Police Department Policy Manual Safety Code Section 13146.1(a) and (b) which requires Section 900.6: Fire Suppression Preplanning inspections at least once every two years; ☒ ☐ ☐ Inspection was completed November 5, 2019 by Alameda County Fire Department. Fire Clearance granted. (d) an evacuation plan; and, Newark Police Department Policy Manual Section 900.6: Fire Suppression Preplanning ☒ ☐ ☐ Facility has posted evacuation plan maps in the facility. (e) a plan for the emergency housing of inmates in the case of Newark Police Department Policy Manual fire. Section 900.5.5: Fire and Life Safety ☒ ☐ ☐ Prisoners will be transported to the County Jail if necessary. 1044 INCIDENT REPORTS Newark Police Department Policy Manual Section 900.3.7: Reporting Physical Harm or Serious Threat of Physical Harm Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or All incident reports would be written as a serious threat of physical harm, to an employee or inmate of supplemental report to the originating crime a detention facility or other person. report and maintained with those records. There were no incident reports to review. Such records shall include the names of the persons Newark Police Department Policy Manual involved, a description of the incident, the actions taken, and ☒ ☐ ☐ Section 900.3.7: Reporting Physical Harm or the date and time of the occurrence. Serious Threat of Physical Harm Such a written record shall be prepared by the staff assigned Newark Police Department Policy Manual to investigate the incident and submitted to the facility ☒ ☐ ☐ Section 900.3.7: Reporting Physical Harm or manager or his/her designee. Serious Threat of Physical Harm 1046 DEATH IN CUSTODY Newark Police Department Policy Manual Section 900.3.8: Attempted Suicide and Death in Custody (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 7 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Deaths shall be reviewed to determine the appropriateness of Newark Police Department Policy Manual clinical care; whether changes to policies, procedures, or Section 900.3.8: Attempted Suicide and Death in ☒ ☐ ☐ practices are warranted; and to identify issues that require Custody further study. (b) Death of a Minor Newark Police Department Policy Manual In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Section 324.7.5: Death of a Juvenile While lockup, or court holding facility: Detained (1) The administrator of the facility shall provide to the Newark Police Department Policy Manual Board a copy of the report submitted to the Attorney Section 324.7.5: Death of a Juvenile While General under Government Code Section 12525. A copy ☒ ☐ ☐ Detained 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 Newark Police Department Policy Manual administrator, the Board may within 30 calendar days Section 324.7.5: Death of a Juvenile While inspect and evaluate the jail, lockup, or court holding Detained ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN Newark Police Department Policy Manual Section 900.3.3: Prisoner Screening, Classification and Segregation (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to Documentation reviewed. Screening forms are housing units and activities according to the categories of sex, completed on all prisoners upon entry, but age, criminal sophistication, seriousness of crime charged, prisoners are housed individually in the facility. 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. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area Newark Police Department Policy Manual for male or female inmates, and in making other housing and Section 900.3.3: Prisoner Screening, programming assignments, the agency shall consider on a Classification and Segregation case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would Prisoners are held individually. 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 Newark Police Department Policy Manual Section 900.2.1(c)1: Non-Detainable Prisoners The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ All prisoners are screened upon entry. Any procedures specifying those symptoms that require prisoner who is suspected of having a segregation of an inmate until a medical evaluation is communicable disease or illness, is transported completed. to jail or a medical facility. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 8 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be Newark Police Department Policy Manual made of the person being booked as to whether or not he/she Section 900.3.3: Prisoner Screening, has or has had any communicable diseases, such as Classification and Segregation tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES Newark Police Department Policy Manual Section 900.2.1: Non-Detainable Prisoners and The facility administrator, in cooperation with the ☒ ☐ ☐ Section 900.2.7: Mentally Disordered Inmates responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not Newark Police Department Policy Manual readily available, an inmate shall be considered mentally Section 900.2.7: Mentally Disordered Inmates 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 Prisoners who are identified as being mentally appears gravely disabled. ☐ ☐ ☒ disabled are transported to the jail, hospital, or other facility. An evaluation will occur in either An evaluation from medical or mental health staff shall be the County Jail or in the hospital outside of the secured within 24 hours of identification or at the next daily control of the THF. sick call, whichever is earliest. Segregation may be used if necessary, to protect the safety Newark Police Department Policy Manual of the inmate or others. Section 900.3.3: Prisoner Screening, Classification and Segregation ☒ ☐ ☐ If a person is found to be mentally disordered after entry, they will be transported 1053 ADMINISTRATIVE SEGREGATION Newark Police Department Policy Manual Section 900.2.1: Non-Detainable Prisoners Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for Classification forms reviewed. All prisoners are the administrative segregation of inmates who are screened but are housed alone. 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 Newark Police Department Policy Manual secure housing but shall not involve any other deprivation of Section 900.2.1: Non-Detainable Prisoners privileges than is necessary to obtain the objective of ☒ ☐ ☐ protecting the inmates and staff. Prisoners who are identified to be in need of being administratively segregated, are transported to the jail, hospital, or other facility. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 9 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL Newark Police Department Policy Manual Section 900.2.4: Use of Safety Cell The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who There is no Safety Cell at the Newark Police display behavior which results in the destruction of property Department. The remainder of this section is or reveals an intent to cause physical harm to self or others. marked as Not Applicable (NA). 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 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 Newark Police Department Policy Manual Section 900.2.5: Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ There is no Sober Cell at the Newark Police threat to their own safety or the safety of others due to their Department. The remainder of this section is state of intoxication and pursuant to written policies and marked as Not Applicable (NA). procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they ☐ ☐ ☒ are able to continue in the processing. In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an 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 ☐ ☐ ☒ receive an evaluation by responsible health care staff. Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 10 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED Newark Police Department Policy Manual INMATES Section 900.2.1: Non-Detainable Prisoners and Section 900.2.6: Developmentally Disabled The facility administrator, in cooperation with the Inmates responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the identification and evaluation, appropriate Prisoners who are identified as being classification and housing, protection, and developmentally disabled are transported to the nondiscrimination of all developmentally disabled inmates. jail, hospital, or other facility. An evaluation will occur in either the County Jail or in the hospital outside of the control of the THF. The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES Newark Police Department Policy Manual Section 900.2.8: Use of Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Any prisoner who needs restraint beyond the use of handcuffs or shackles for security procedures for the use of restraint devices and may delegate reasons is transported to County Jail. authority to place an inmate in restraints to a responsible 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. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 11 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 1058.5 RESTRAINTS AND PREGNANT INMATES Newark Police Department Policy Manual Section 900.2.9: Restraints and Pregnant Inmates 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 Newark Police Department Policy Manual delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ Section 900.2.9: Restraints and Pregnant waist chains, or handcuffs behind the body. Inmates (2) A pregnant inmate in labor, during delivery, or in Newark Police Department Policy Manual recovery after delivery, shall not be restrained by the Section 900.2.9: Restraints and Pregnant ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the Inmates safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional Newark Police Department Policy Manual who is currently responsible for the medical care of a Section 900.2.9: Restraints and Pregnant pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ Inmates delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she Newark Police Department Policy Manual shall be advised, orally or in writing, of the standards ☒ ☐ ☐ Section 900.2.9: Restraints and Pregnant and policies governing pregnant inmates. Inmates 1067 ACCESS TO TELEPHONE Newark Police Department Policy Manual Section 900.4.8: Access to Telephone The facility administrator shall develop written policies and procedures which allow reasonable access to a telephone ☒ ☐ ☐ At least three initial calls are provided no later beyond those telephone calls which are required by Section than three hours after arrest. Additional 851.5 of the Penal Code. reasonable and necessary calls may be made as requested. 1068 ACCESS TO COURTS AND COUNSEL Newark Police Department Policy Manual Section 900.4.9: Attorneys and Bail Bondsmen The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these Prisoners are not generally in the THF long regulations, and, ☒ ☐ ☐ enough to request for mail; however, if they ask, staff will let them write letters. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 12 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) confidential consultation with attorneys. Newark Police Department Policy Manual Section 900.4.9: Attorneys and Bail Bondsmen ☒ ☐ ☐ Attorneys are welcome to visit prisoners as needed and are afforded privacy and confidentiality. 1080 RULES AND DISCIPLINARY PENALTIES Newark Police Department Policy Manual Section 900.2.10: Discipline Wherever discipline is administered, each facility ☒ ☐ ☐ administrator shall establish written rules and disciplinary Discipline is not administered at the facility. The penalties to guide inmate conduct. remainder of this section is marked as Not Applicable (NA). 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 Newark Police Department Policy Manual Section 900.2.10: Discipline If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections Discipline is not administered at the facility. The 1080, 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ remainder of this section is marked as Not Applicable (NA). 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. ☐ ☐ ☒ 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. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 13 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 Newark Police Department Policy Manual Section 900.2.10: Discipline The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule Discipline is not administered at the facility. infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 14 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY Newark Police Department Policy Manual ACTIONS Section 900.2.10: Discipline The Penal Code and the State Constitution expressly Discipline is not administered at the facility. prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☒ ☐ ☐ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (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. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 15 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS Newark Police Department Policy Manual Section 900.2.10: Discipline Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☒ ☐ ☐ Discipline is not administered at the facility. therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the 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 as part of 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 Newark Police Department Policy Manual MINOR IN AN ADULT DETENTION Section 324.12: Suicide Attempt, Death, or FACILITY Serious Injury of a Juvenile. ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES Newark Police Department Policy Manual Section 324 – Temporary Custody of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 16 - A352 TH 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; Newark Police Department Policy Manual ☒ ☐ ☐ Section 324.3.2: Suicide Prevention of Juveniles in Custody (b) use of restraints; Newark Police Department Policy Manual ☒ ☐ ☐ Section 324.9: Use of Restraint Devices (c) emergency medical assistance and services; and, Newark Police Department Policy Manual ☒ ☐ ☐ Section 324.3.1: Emergency Medical Care of Juveniles in Custody (d) prohibiting use of discipline. Newark Police Department Policy Manual ☒ ☐ ☐ Section 324.8o: Temporary Custody Requirements 1143 CARE OF MINORS IN TEMPORARY Newark Police Department Policy Manual CUSTODY Section 324 – Temporary Custody of Juveniles ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; Newark Police Department Policy Manual ☒ ☐ ☐ Section 324.8 (e) (2) one snack upon request during term of temporary Newark Police Department Policy Manual custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ Section 324.8(f) hours or is otherwise in need of nourishment; (3) access to drinking water; and, Newark Police Department Policy Manual ☒ ☐ ☐ Section 324.8(g) (4) privacy during consultation with family, guardian, Newark Police Department Policy Manual ☒ ☐ ☐ and/or lawyer. Section 324.8 (i) (5) blankets and clothing, as necessary, to assure the Newark Police Department Policy Manual ☒ ☐ ☐ comfort of the minor; and, Section 324.8(k) (6) his or her personal clothing unless the clothing is Newark Police Department Policy Manual inadequate, presents a health or safety problem, or is ☒ ☐ ☐ Section 324.8(j) required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND Newark Police Department Policy Manual ADULT PRISONERS Section 324.7: No-Contact Requirements ☒ ☐ ☐ The facility administrator shall establish policies and Sight and sound separation between minors and procedures to restrict contact, as defined in Section 1006, adults and between non-offenders/status between minors and adults confined in the facility. offenders and 602 juveniles. In situations where brief or accidental contact may occur, Newark Police Department Policy Manual such as booking or facility movement, facility staff (trained Section 324.7: No-Contact Requirement in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 17 - A352 TH 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 Newark Police Department Policy Manual Section 324.11: 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 Newark Police Department Policy Manual serious security risk of harm to self or others, the officer may Section 324.11(a): 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 Newark Police Department Policy Manual ☒ ☐ ☐ taken into custody; Section 324.11(b): Secure Custody (c) minor's behavior, including the degree to which the Newark Police Department Policy Manual ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Section 324.11(c): Secure Custody (d) the availability of staff to provide adequate Newark Police Department Policy Manual ☒ ☐ ☐ supervision or protection of the minor; and, Section 324.11(d): Secure Custody (e) the age, type, and number of other individuals who Newark Police Department Policy Manual ☒ ☐ ☐ are detained in the facility. Section 324.11(e): Secure Custody 1146 CONDITIONS OF SECURE CUSTODY Newark Police Department Policy Manual Section 324.11: Secure Custody 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 Newark Police Department Policy Manual CUSTODY INSIDE A LOCKED Section 324.11.1: Locked Enclosures ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; Newark Police Department Policy Manual ☒ ☐ ☐ and, Section 324.11.1(a): Locked Enclosures (2) safety checks, as defined in Section 1006, of the Newark Police Department Policy Manual minor by staff of the law enforcement facility, at Section 324.11.1(d): Locked Enclosures ☒ ☐ ☐ least once every 30 minutes, which shall be documented. Safety checks are conducted every 15 minutes. (b) Males and females shall not be placed in the same Newark Police Department Policy Manual locked room unless under constant direct visual ☒ ☐ ☐ Section 324.11.1(e) observation by staff of the law enforcement facility. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 18 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1148 SUPERVISION OF MINORS IN SECURE Newark Police Department Policy Manual CUSTODY OUTSIDE OF A LOCKED Section 324.11: 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 Newark Police Department Policy Manual direct visual observation to assure the minor's safety while ☒ ☐ ☐ Section 324.11: Secure Custody secured to a stationary object. Securing minors to a stationary object for longer than 60 Newark Police Department Policy Manual minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ Section 324.11: Secure Custody approved by a supervisor. The decision for securing a minor to a stationary object for Newark Police Department Policy Manual longer than 60 minutes, and every 30 minutes thereafter shall Section 324.11: Secure Custody ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE Newark Police Department Policy Manual CUSTODY Section 324.4: Custody of Juveniles 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- Newark Police Department Policy Manual SECURE CUSTODY Section 324.1.1: Definitions, Non-secure custody and Section 324.6: Juvenile Custody Logs 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 Newark Police Department Policy Manual ANY INTOXICATING SUBSTANCE IN SECURE OR Section 324.3: Juveniles Who Shall Not Be Held NON-SECURE CUSTODY Any intoxicated youth requires approval of the Facility administrators shall develop policies and procedures ☒ ☐ ☐ Watch Commander and Medical Clearance. A providing that a medical clearance shall be obtained for youth that is intoxicated will be directly minors who are under the influence of drugs, alcohol or any supervised at all times. other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room Newark Police Department Policy Manual who display outward signs of being under the influence of Section 324.11.1: Locked Enclosures drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ Policy requires unscheduled safety checks to resolution of the intoxicated state or release. These safety occur no less than every 15 minutes regardless if checks shall be documented, with actual time of occurrence the youth is intoxicated or not. recorded. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 19 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody outside of a locked Newark Police Department Policy Manual room who display outward signs of being under the Section 324.11.: Secure Custody influence of drugs, alcohol or any other intoxicating substance shall be supervised in accordance with Section ☒ ☐ ☐ Policy requires direct supervision if a youth is 1148. handcuffed to a fixed object regardless if the youth is intoxicated or not. Supervision of minors in nonsecure custody who display Newark Police Department Policy Manual outward signs of being under the influence of drugs, alcohol Section 324.1.1: Definitions, Non-secure custody or any other intoxicating substance shall be supervised in accordance with Section 1150. ☒ ☐ ☐ Policy requires direct supervision of a youth held in non-secure custody regardless if the youth is intoxicated or not. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 20 - A352 TH 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 ☒ ☐ ☐ Number of violations:0 length of time the secure detention is expected to last, 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 ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 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 minor was securely detained. Number of violations:0 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: 0 law enforcement facility for longer than six hours. 0200\Alameda Co\Newark PD TH\ PRO 18-20; 11/20/2019 - 21 - A352 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State & Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 0200 FACILITY NAME: Newark Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78:  OTHER: FIELD REPRESENTATIVE: Lisa Southwell DATE: November 13, 2019 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and Typical length of stay is less than four hours. 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12 External to the security area and equipped with individual X compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) The facility does not have sobering cells. The X remainder of this regulation has been removed from this checklist. Safety Cells (WA) (2.5) The facility does not have safety cells. The X remainder of the regulation has been removed from this checklist. Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) Audio monitoring is located in cells; video X For facilities planned or constructed after 8-86 monitoring is used in booking area. Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 0200\Alameda Co\Newark PD TH\ PHY 18-20; 11/20/2019 - 1 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State & Community Corrections Inspection BSCC Code: 0200 FACILITY: Newark Police Department TYPE: TH RC: 0 FIELD REPRESENTATIVE: Lisa Southwell DATE: November 13, 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 Booking Holding 1980 3 4 (4) (12) 9.0 x 8.5 1 1 1 *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 0200\Alameda Co\Newark PD TH\ LASE 18-20; 11/20/2019 - 1 - A360 LAS Adult.dot (03/01)