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

January 13, 2021 Gina L. Anderson, Chief of Police Newark Police Department 37101 Newark Blvd. Newark, CA 94560 2020-2022 BIENNIAL INSPECTION OF NEWARK POLICE DEPARTMENT, NEWARK POLICE TEMPORARY HOLDING FACILITY, PENAL CODE 6031 Dear Chief Anderson, On November 19, 2020, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Newark Police Department Temporary Holding 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. 0200 Alameda Newark TH LTR 20-22 Chief Anderson Newark Police Department Page 2 Inspection Date Fire and Life Safety November 10, 2020 Medical and Mental Health March 11, 2020 Environmental Health March 11, 2020 BSCC INSPECTION The inspection consisted of a review of the Newark Police’s Department Policy Manual that apply to Temporary Holding Operations 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 was advised that the current police department is being replaced with a new facility. The new facility will not contain a Temporary Holding Facility and current facility is scheduled for demolition. Guidance has been provided for having the department removed from the BSCC biennial inspection requirements. 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. 0200 Alameda Newark TH LTR 20-22 Chief Anderson Newark Police Department Page 3 This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Newark Police Department’s Temporary Holding Facility. We would like to express our gratitude to Sergeant Shannon Todd for her assistance. We wish you and the Newark Police Department the best as you move to the new facility. 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 08:09:36 -08'00' DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: Mayor, City of Newark* City Manager, City of Newark* Presiding Judge, Superior Court, County of Alameda* Grand Jury Foreman, Superior Court, County of Alameda* Sergeant Shannon Todd, Newark Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0200 Alameda Newark TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0200 FACILITY NAME: Newark Police Department FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sergeant Shannon Todd FIELD REPRESENTATIVE: Dale Miller DATE: November 19, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Newark Police Department Police Manual HOLDING FACILITY TRAINING (NPM) 900.10 Training Custodial personnel who supervise inmates in, and Department members responsible for supervisors of, a Court Holding or Temporary Holding supervising adults in temporary custody shall facility shall complete 8 hours of specialized training. Such complete the Corrections Officer Core Course training shall include, but not be limited to: or eight hours of specialized training as soon as (a) applicable minimum jail standards; practical, but within not more than six months of assignment. Such training shall include but (b) jail operations liability; ☒ ☐ ☐ not be limited to the following: (c) inmate segregation; (a) Applicable minimum jail standards (d) emergency procedures and planning, fire and life (b) Jail operations liability safety; and, (c) Inmate segregation (e) suicide prevention. (d) Emergency procedures and planning, fire Each agency shall determine if additional training is needed safety, and life safety. based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience (e) Suicide prevention and training, and other relevant factors Such training shall be completed as soon as practical, but in 900.10 Training any event not more than six months after the date of assigned 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 900.10 Training every two years. Successful completion of the requirements Eight hours of refresher training shall be ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be completed once every two years substituted for the eight-hour refresher. 1027 NUMBER OF PERSONNEL 900.3.1 Staffing Plan A sufficient number of personnel shall be A sufficient number of personnel shall be employed in each employed to ensure the implementation and ☒ ☐ ☐ local detention facility to ensure the implementation and operation of programs and activities regulated operation of the programs and activities required by these by these regulations. 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 Newark TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900.3.1 Staffing Plan least one employee on duty at all times in a local detention Whenever there is an inmate in custody, there facility or in the building which houses a local detention ☒ ☐ ☐ shall be at least one member on duty at all times facility who shall be immediately available and accessible to who meets the training standards established by inmates in the event of an emergency. the BSCC for general fire- and life-safety. Such an employee shall not have any other duties which 900.3.2 Supervision in Temporary Custody would conflict with the supervision and care of inmates in The member responsible for supervising should ☒ ☐ ☐ the event of an emergency. not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more female inmates are in custody, there 900.3.7 Temporary Detention of Females shall be at least one female employee who shall be At least one female department member should ☒ ☐ ☐ immediately available and accessible to such females. be present when a female adult is in temporary Note: Reference PC§ 4021. custody. To determine if there is a sufficient number of personnel for BSCC Staff reviewed the Police Department a specific facility, the facility administrator shall prepare and submission of the 2020 budget and personnel retain a staffing plan indicating the personnel assigned in the submission to the City Council. In practice, facility and their duties. Such a staffing plan shall be sworn police personnel that detain an arrestee in ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial the facility, stay with the arrestee until released inspection. The results of such a review and or transferred to another facility. recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.5.2 Safety Checks Safety checks by department members shall be Safety checks shall be conducted at least hourly through ☒ ☐ ☐ conducted at least hourly through direct visual direct visual observation of all inmates. There shall be no observation. 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 900.5.2 Safety Checks routine safety checks. All safety checks shall be logged. ☒ ☐ ☐ BSCC Staff reviewed a full year of safety checks and all checks were completed and documented within 60 minutes. 1028 FIRE AND LIFE SAFETY STAFF 900.3.1 Staffing Plan Whenever there is an inmate in custody, there Whenever there is an inmate in custody, there shall be at shall be at least one member on duty at all times ☒ ☐ ☐ least one person on duty at all times who meets the training who meets the training standards established by standards established by the BSCC for general fire and life the BSCC for general fire- and life-safety. safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 900.3.1 Staffing Plan person on duty who trained in fire and life safety procedures The Facility Manager shall ensure there is at that relate specifically to the facility. ☒ ☐ ☐ least one person on duty who is trained in fire- and life-safety procedures relating specifically to the facility 0200 Alameda Newark TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 The Newark Police Department utilizes the Newark Police Department Policy Manual, specifically Chapter 9, Custody, as the manual Facility administrator(s) shall develop and publish a manual for the operation of the Temporary Holding of policy and procedures for the facility. The policy and Facility. procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be The manual was lasted revised and reviewed made available to all employees. June 18, 2020. ☒ ☐ ☐ 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 200 Organization Structure and Responsibility ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4) Policy on the use of restraint equipment, including the 900.7 Use of Restraint Devices restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 900.7.1 Restraint of Pregnant Adults Section 3407. (5) Procedure and criteria for screening newly received 420.3 Release by Citation inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 900.3.4 Detainable Subjects 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, 900.6.1 Temporary Custody Logs and Safety ☒ ☐ ☐ Checks (B) searches of the facility and inmates, ☒ ☐ ☐ 902 Custodial Searches (C) contraband control, and, ☒ ☐ ☐ 902 Custodial Searches (D) key control. ☒ ☐ ☐ 900.12 Facility Sanitation and Maintenance Each facility administrator shall, at least annually, review, 900.11 Assigned Administrator evaluate, and make a record of security measures. The review Facility Administrator shall annually review and evaluation shall include internal and external security and evaluate and make record of security measures of the facility including security measures specific measures including internal and external to prevention of sexual abuse and sexual harassment. security measures of the facility such as ☒ ☐ ☐ sanitation, safety, maintenance and include measures specific to prevention of sexual abuse and sexual harassment. BSCC Staff reviewed and confirmed the annual review. (7) Emergency procedures include: 900.13 Fire and Life Safety (A) fire suppression preplans as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; 900.15.2 Escape, Disturbance and Taking of ☒ ☐ ☐ Hostages (C) mass arrests; ☒ ☐ ☐ 900.15.3 Mass Arrests 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0200 Alameda Newark TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; ☒ ☐ ☐ 900.15.4 Natural Disasters (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 900.12 Facility Sanitation and Maintenance (F) storage, issue, and use of weapons, ammunition, 900.15 General Security and Control ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 900.6.11 Suicide Prevention (9) Segregation of Inmates. 900.4.1 Screening, Classification and ☒ ☐ ☐ Segregation (10) Zero tolerance in the prevention of sexual abuse and 900.6.10 Zero Tolerance and Sexual Abuse and ☒ ☐ ☐ sexual harassment. Harassment Prevention Reporting Procedure (11) Policy and procedure to detect, prevent, and respond 900.6.10 Zero Tolerance and Sexual Abuse and to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Harassment Prevention Reporting Procedure any abuse. (e) The manual for Temporary Holding, Court Holding, 900.6.10 Type I, II, III, and IV facilities shall provide for, but not be Newark Police Department has established limited to, the following: multiple internal ways for those in temporary (1) multiple internal ways for inmates to privately report custody to privately report sexual abuse and sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ sexual harassment, retaliation by others in inmates or staff for reporting sexual abuse and sexual custody or staff for reporting sexual abuse and harassment, and staff neglect or violation of sexual harassment, and staff neglect or violation responsibilities that may have contributed to such of responsibilities that may have contributed to incidents, such incidents. (2) a method for uninvolved inmates, family, Newark Police Department has established a community members, and other interested third parties method for uninvolved inmates, family, to report sexual abuse or sexual harassment. The community members, and other interested third method for reporting shall be publicly posted at the ☒ ☐ ☐ parties to report sexual abuse or sexual facility. harassment. BSCC Staff confirmed that the method for reporting is posted publicly at in the facility. 1030 SUICIDE PREVENTION PROGRAM 900.6.11 Suicide Prevention The facility shall have a comprehensive written suicide BSCC Staff reviewed screening questionnaire. 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 Suicide prevention training is provided during contact with inmates. ☒ ☐ ☐ biennial training to all staff that have direct contact with persons in temporary custody. (b) Intake screening for suicide risk immediately upon Intake screening for suicide risk immediately intake and prior to housing assignment. upon intake. Any individuals showing suicidal ☒ ☐ ☐ risks are immediately transported to an appropriate facility. (c) Provisions facilitating communication among The receiving staff shall be notified in writing arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ that the subject may be suicidal. mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. Suicidal, or possibly suicidal subjects will be ☒ ☐ ☐ transferred to a hospital or other appropriate facility, as soon as their status is discovered. (e) Supervision depending on level of suicide risk. The officer shall ensure continuous direct ☒ ☐ ☐ supervision until evaluation, release or transfer to an appropriate facility. (f) Suicide attempt and suicide intervention policies and ☒ ☐ ☐ procedures. 0200 Alameda Newark TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) Provisions for reporting suicides and suicides attempts. 900.6.12 Suicide Attempt, Death, or Serious ☒ ☐ ☐ Injury (h) Multi-disciplinary administrative review of suicides and Deaths and attempted suicides shall be attempted suicides as defined by the facility reviewed to determine the appropriateness of administrator. ☒ ☐ ☐ clinical care; whether changes to policy, procedures, or practices are warranted; and to identify issues that require further study. 1032 FIRE SUPPRESSION PREPLANNING 900.11 Assigned Administrator Fire suppression pre-plan developed with the Pursuant to Penal Code Section 6031.1(b), the facility local fire department. 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 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 Facility Supervisor or his/her designee shall monthly basis with two-year retention of the inspection conduct fire prevention inspections of the record; ☒ ☐ ☐ facility on a monthly basis. BSCC Staff reviewed and confirmed two years of staff completed inspections. (c) fire prevention inspections as required by Health and The Fire Marshal should make biennial Safety Code Section 13146.1(a) and (b) which requires inspections of the temporary holding facility. inspections at least once every two years; ☒ ☐ ☐ The local Fire Department completed the inspection November 10, 2020. (d) an evacuation plan; and, ☒ ☐ ☐ Evacuation routes are posted. (e) a plan for the emergency housing of inmates in the case of Prisoners will be transported to another facility ☒ ☐ ☐ fire. as necessary. 1044 INCIDENT REPORTS 344.2 Required Reporting Each facility administrator shall develop written policies and BSCC Staff requested to review any reports of procedures for the maintenance of written records and ☒ ☐ ☐ incidents in the temporary holding facility in reporting of all incidents which result in physical harm, or the last year. There were no incidents in the last serious threat of physical harm, to an employee or inmate of year. a detention facility or other person. Such records shall include the names of the persons involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 0200 Alameda Newark TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY 310 Officer Involved Shooting and Deaths 900.5.12 Suicide Attempt, Death, or Serious (a) Death in Custody Reviews for Adults and Minors. Injury The facility administrator, in cooperation with the health The Facility Administrator will convene a administrator, shall develop written policy and procedures multi-disciplinary team to review every in- to ensure that there is an initial review of every in-custody ☒ ☐ ☐ custody death or attempted suicide that occurs death within 30 days. The review team shall include the within 30 days of an incident. The review team facility administrator and/or the facility manager, the health shall include the Facility Administrator and/or administrator, the responsible physician and other health Facility Manager, the health administrator, the care and supervision staff who are relevant to the incident. responsible physician and other health care and supervision staff who are relevant to the incident. 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 In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: (1) The administrator of the facility shall provide to the 900.5.12 Suicide Attempt, Death, or Serious Board a copy of the report submitted to the Attorney Injury General under Government Code Section 12525. A copy ☒ ☐ ☐ Notification to the Attorney General within 10 of the report shall be submitted within 10 calendar days days of any death in custody including any after the death. reasonably known facts concerning the death. (2) Upon receipt of a report of death of a minor from the 324.12 Suicide Attempt, Death, or Serious administrator, the Board may within 30 calendar days Injury of a Juvenile inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.4.1 Screening, Classification and Segregation (a) Each administrator of a temporary holding, Type I, II, or The booking officer shall evaluate each III facility shall develop and implement a written incoming prisoner using the Intake Screening classification plan designed to properly assign inmates to Form. This form shall be completed in its housing units and activities according to the categories of sex, entirety, in order to properly assign prisoners age, criminal sophistication, seriousness of crime charged, according to sex, age, criminal sophistication, physical or mental health needs, assaultive/non-assaultive seriousness of crime charged, physical or behavior, risk of being sexually abused, or sexually harassed mental health needs, assaultive/non-assaultive and other criteria which will provide for the safety of the behavior, risk of being sexually abused or inmates and staff. Such housing unit assignment shall be ☒ ☐ ☐ sexually harassed, and other criteria to ensure accomplished to the extent possible within the limits of the the safety of the prisoner and staff and to assess available number of distinct housing units or cells in a facility. any medical needs. The written classification plan shall be based on objective In practice, this facility has 3 cells and will criteria and include receiving screening performed at the time separate all arrestees until released or of intake by trained personnel, and a record of each inmate's transported to another facility. If any arrestee is classification level, housing restrictions, and housing a health or security risk, they are transported assignments. directly to the appropriate facility. (Subsection b does not apply and has been deleted.) 0200 Alameda Newark TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding whether to assign an inmate to a housing area Ensure separation, as appropriate, based on for male or female inmates, and in making other housing and other factors, such as age, criminal programming assignments, the agency shall consider on a sophistication, assaultive/non-assaultive case-by-case basis whether a placement would ensure the behavior, mental state, disabilities and sexual ☒ ☐ ☐ inmate's health and safety, and whether the placement would orientation. 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 900.3.3 Non-Detainable Any individual who claims to have, is known to The facility administrator, in cooperation with the be afflicted with, or displays symptoms of any responsible physician, shall develop written policies and ☒ ☐ ☐ communicable disease that poses an procedures specifying those symptoms that require unreasonable exposure risk segregation of an inmate until a medical evaluation is 1015 Communicable Diseases completed. At the time of intake into the facility, an inquiry shall be 900.3.3 Non-Detainable made of the person being booked as to whether or not he/she An inquiry shall be made of the person being has or has had any communicable diseases, such as booked as to whether or not they have or have tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ had any communicable diseases, such as any other communicable diseases, or other special medical tuberculosis or has observable symptoms of problem identified by the health authority. The response tuberculosis or any other communicable shall be noted on the booking form and/or screening device. diseases, or other medical problem. 1052 MENTALLY DISORDERED INMATES 900.3.6 Mentally Disordered Inmates Any individual who appears to be a danger to The facility administrator, in cooperation with the him/herself or others due to a mental disorder, ☒ ☐ ☐ responsible physician, shall develop written policies and or who appears gravely disabled shall be procedures to identify and evaluate all mentally disordered transported to the jail, hospital, or other inmates, and may include telehealth. appropriate facility. If an evaluation from medical or mental health staff is not This is a temporary holding facility that does readily available, an inmate shall be considered mentally not hold persons over 24 hours. 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 In practice, any persons who show or display appears gravely disabled. ☒ ☐ ☐ symptoms are transported to county jail or a medical facility. An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of 900.4.1 Screening, Classification and ☒ ☐ ☐ the inmate or others. Segregation 1053 ADMINISTRATIVE SEGREGATION 900.4.1 Screening, Classification and Segregation Except in Type IV facilities, each facility administrator shall Newark Police Department temporary holding develop written policies and procedures which provide for facility to segregate prisoners in compliance the administrative segregation of inmates who are with the requirements noted in Title 15. determined to be prone to: promote activity or behavior that The officer responsible for an individual in is criminal in nature or disruptive to facility operations; custody shall evaluate the following issues demonstrate influence over other inmates, including against the stated risks to determine the need for influence to promote or direct action or behavior that is ☒ ☐ ☐ placing the individual in a single cell. criminal in nature or disruptive to the safety and security of Consider whether the individual may be at a other inmates or facility staff, as well as to the safe operation high risk of being sexually abused based on all of the facility; escape; assault, attempted assault, or available known information, or whether the participation in a conspiracy to assault or harm other inmates person is facing any other identified risk. or facility staff; or likely to need protection from other Provide any individual identified as being at a inmates, if such administrative segregation is determined to high risk for sexual or other victimization with be necessary in order to obtain the objective of protecting heightened protection. the welfare of inmates and staff. 0200 Alameda Newark TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL In this facility, there is no 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 In this facility, there is no safety cell as approval of the facility manager or designee, or responsible described in Title 24, Part 2, Section 1231.2.5. ☐ ☐ ☒ 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 In this facility, there is no safety cell as provided with a suitably designed “safety garment,” to described in Title 24, Part 2, Section 1231.2.5. 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 In this facility, there is no sobering cell as described in Title 24, Part 2, Section 1231.2.4. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they 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. 0200 Alameda Newark TH PRO 20-22 - 8 - A351 TH 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 receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the The sobering cell described in Title 24, Part 2, sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Section 1231.2.4 Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED 900.3.3 Non-Detainable INMATES 900.3.5 Developmentally Disabled Inmates Any individual who is obviously The facility administrator, in cooperation with the developmentally disabled shall be transported ☒ ☐ ☐ responsible physician, shall develop written policies and to the jail, hospital or other appropriate facility procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional This is a temporary holding facility and persons center on any inmate suspected or confirmed to be are not held in this facility over 24 hours. 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 900.7 Use of Restraint Devices The use of restraints, other than handcuffs or The facility administrator, in cooperation with the leg irons, generally should not be used for responsible physician, shall develop written policies and ☒ ☐ ☐ individuals in temporary custody at the Newark procedures for the use of restraint devices and may delegate Police Department unless the person presents a authority to place an inmate in restraints to a responsible heightened risk, and only in compliance with health care staff. the Handcuffing and Restraints Policy. In addition to the areas specifically outlined in this 306 Handcuffing and Restraint regulation, at a minimum, the policy shall address the ☒ ☐ ☐ following areas: acceptable restraint devices; signs or symptoms which should result in immediate In practice, inmates placed in restraints while in ☒ ☐ ☐ medical/mental health referral; the holding facility is for transport only. availability of cardiopulmonary resuscitation equipment; ☒ ☐ ☐ AED and CPR equipment is available. protective housing of restrained persons; 900.4.1 Screening, Classification and ☒ ☐ ☐ Segregation provision for hydration and sanitation needs; and ☒ ☐ ☐ exercising of extremities. ☒ ☐ ☐ 306 Handcuffing and Restraint In no case shall restraints be used for punishment or as a Restraint devices shall not be used to punish, to ☒ ☐ ☐ substitute for treatment. display authority, or as a show of force. Restraint devices shall only be used on inmates who display In practice, inmates placed in restraints while in behavior which results in the destruction of property or the holding facility are for transported to an reveal an intent to cause physical harm to self or others. appropriate facility. There have been no cases Restraint devices include any devices which immobilize an of restraints being used in the temporary inmate's extremities and/or prevent the inmate from being holding facility. ☐ ☐ ☒ 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. 0200 Alameda Newark TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 306.3.3 Restraint of Pregnant Persons 900.7.1 Restraint of Pregnant Adults The facility administrator, in cooperation with the Persons who are known to be pregnant should responsible physician, shall develop written policies and ☒ ☐ ☐ be restrained in the least restrictive manner that procedures for the use of restraint devices on pregnant is effective for officer safety. 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 Leg irons, waist chains, or handcuffs behind the delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ body should not be used. waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in No person who is in labor, delivery, or recovery recovery after delivery, shall not be restrained by the after delivery shall be handcuffed or restrained wrists, ankles, or both, unless deemed necessary for the except in extraordinary circumstances and only ☒ ☐ ☐ safety and security of the inmate, the staff, or the public. when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☒ ☐ ☐ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE 900.6.4 Telephone Calls Immediately upon being booked and, except The facility administrator shall develop written policies and where physically impossible, no later than three ☒ ☐ ☐ procedures which allow reasonable access to a telephone hours after arrest, an individual in custody has beyond those telephone calls which are required by Section the right to make at least three completed calls. 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL 900.6.4 Telephone Calls 900.6.5 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: 0200 Alameda Newark TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) unlimited mail as provided in Section 1063 of these This is a temporary holding facility. No persons ☐ ☐ ☒ regulations, and, are held in custody long enough to receive mail. (b) confidential consultation with attorneys. Interviews between attorneys and their clients ☒ ☐ ☐ shall not be monitored or recorded. 1080 RULES AND DISCIPLINARY PENALTIES 900.6.14 Discipline Discipline will not be administered to any Wherever discipline is administered, each facility individual in custody at this facility. Any administrator shall establish written rules and disciplinary ☒ ☐ ☐ individual in custody who repeatedly fails to penalties to guide inmate conduct. follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. 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 900.6.14 Discipline Discipline will not be administered to any If discipline is NOT administered, written policy should individual in custody at this facility. indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ 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 Newark TH PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 2. Unless declined by the inmate, a hearing shall be 900.6.14 Discipline provided no sooner than 24 hours after the report has Discipline will not be administered to any been submitted to the disciplinary officer and the inmate individual in custody at this facility. 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 900.6.14 Discipline the fact-finders about the evidence relied on and the Discipline will not be administered to any ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record individual in custody at this facility. 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 900.6.14 Discipline Discipline will not be administered to any The degree of punitive actions taken by the disciplinary individual in custody at this facility. officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 0200 Alameda Newark TH PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY ACTIONS The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the 900.6.14 Discipline minimum furnishings and space specified in Title 24, Part 2, Discipline will not be administered to any 1231.2.6 and 2.7. Occupants shall be issued clothing and individual in custody at this facility. 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 900.6.14 Discipline inmates to exercise the right of punishment over any other ☐ ☐ ☒ Discipline will not be administered to any inmate or group of inmates (Penal Code section 4019.5) individual in custody at this facility. (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 Newark TH PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS 900.6.14 Discipline Discipline will not be administered to any Penal Code Section 4019.5 requires that a record is kept of individual in custody at this facility. all disciplinary infractions and punishment administered ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the 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. 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 324 Temporary Custody of Juveniles MINOR IN AN ADULT DETENTION This policy provides guidelines consistent with FACILITY the Juvenile Justice and Delinquency Prevention Act for juveniles taken into ☒ ☐ ☐ temporary custody by members of the Newark The facility administrator shall develop policy and procedures Police Department. for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: 0200 Alameda Newark TH PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).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; 324.3.2 Suicide Prevention of Juveniles in ☒ ☐ ☐ Custody (b) use of restraints; ☒ ☐ ☐ 324.9 Use of Restraint Devices (c) emergency medical assistance and services; and, 324.3.1 Emergency Medical Care of Juveniles in ☒ ☐ ☐ Custody (d) prohibiting use of discipline. ☒ ☐ ☐ 324.8 Temporary Custody Requirements 1143 CARE OF MINORS IN TEMPORARY 324.8 Temporary Custody Requirements CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ (2) one snack upon request during term of temporary custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ (4) privacy during consultation with family, guardian, ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 324.7 No-Contact Requirements ADULT PRISONERS Sight and sound separation shall be maintained between all juveniles and adults while in ☒ ☐ ☐ The facility administrator shall establish policies and custody at the Department. procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, In situations where brief or accidental contact such as booking or facility movement, facility staff (trained may occur a member of the Newark Police in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ Department shall maintain a constant, by-side presence with the minor or the adult to prevent immediate, side-by-side presence with the sustained contact. juvenile or the adult to minimize any contact. 0200 Alameda Newark TH PRO 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).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 324.11 Secure Custody Only juvenile offenders 14 years of age or older A minor who is taken into temporary custody by a peace may be placed in secure custody. officer on the basis that he or she is a person described by Factors to be considered when determining if Section 602 of the Welfare and Institutions Code may be held the juvenile offender presents a serious security in secure custody in a law enforcement facility that contains a risk to him/herself or others: lockup for adults if the minor is 14 years of age or older and (a) Age, maturity, and delinquent history if, in the reasonable belief of the peace officer, the minor (b) Severity of offense for which the juvenile presents a serious security risk of harm to self or others, as was taken into custody long as all other conditions of secure custody set forth in these ☒ ☐ ☐ (c) The juvenile offender’s behavior standards are met. Any minor in temporary custody who is (d) Availability of staff to provide adequate less than 14 years of age, or who does not in the reasonable supervision or protection of the juvenile belief of the peace officer present a serious security risk of offender 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 (e) Age, type, and number of other individuals as all other conditions of non-secure custody set forth in these in custody at the facility standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a serious security risk of harm to self or others, the officer may ☒ ☐ ☐ 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 ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY In practice, secure detention takes place in a cell or room, but if not available, juveniles maybe While in secure custody, minors may be locked in a room or handcuffed to a fixed object. ☒ ☐ ☐ 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 324.11.1 Locked Enclosures CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the Unscheduled safety checks to provide for the minor by staff of the law enforcement facility, at health and welfare of the juvenile by a staff least once every 30 minutes, which shall be ☒ ☐ ☐ member, no less than once every 15 minutes. documented. BSCC Staff reviewed the minors in detention logs are the last two years. 0200 Alameda Newark TH PRO 20-22 - 16 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (b) Males and females shall not be placed in the same Males and females shall not be placed in the locked room unless under constant direct visual ☒ ☐ ☐ same locked room. observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE CUSTODY OUTSIDE OF A LOCKED 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 An employee must be present at all times to direct visual observation to assure the minor's safety while ☒ ☐ ☐ ensure the juvenile’s safety while secured to a secured to a stationary object. stationary object. Securing minors to a stationary object for longer than 60 Supervisor approval is required to secure a minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ juvenile to a stationary object for longer than 60 approved by a supervisor. minutes and every 30 minutes. The decision for securing a minor to a stationary object for The decision for securing a minor to a longer than 60 minutes, and every 30 minutes thereafter shall stationary object for longer than 60 minutes and ☒ ☐ ☐ be based upon the best interests of the minor and shall be every 30 minutes thereafter shall be based upon documented. the best interests of the juvenile offender. 1149 CRITERIA FOR NON-SECURE 324.4.3 Custody of Juvenile Offenders CUSTODY Juvenile offenders should be held in non-secure custody while at the Newark Police Department Minors held in temporary custody, who do not meet the unless another form of custody is authorized by criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ this policy or is necessary due to exigent of the Welfare and Institutions Code, may be held in non- circumstances. 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- 324.6 Juvenile Custody Logs SECURE CUSTODY The juvenile shall constantly be monitored by Minors held in non-secure custody shall receive constant an audio/video system during the entire direct visual observation by staff of the law enforcement ☒ ☐ ☐ custody. 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 324.3 Juvenile Who Should Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR Significantly intoxicated except when approved NON-SECURE CUSTODY by the Watch Commander. A medical clearance shall be obtained for minors who are under the Facility administrators shall develop policies and procedures ☒ ☐ ☐ influence of drugs, alcohol, or any other providing that a medical clearance shall be obtained for intoxicating substance to the extent that they are minors who are under the influence of drugs, alcohol or any unable to care for themselves. other intoxicating substance to the extent that they are unable to care for themselves. 0200 Alameda Newark TH PRO 20-22 - 17 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody in a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 0200 Alameda Newark TH PRO 20-22 - 18 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations:0 facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations:0 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations:0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ 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 Number of violations:0 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. 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 Newark TH PRO 20-22 - 19 - A351 TH PRO eff. 1/2019 (20-22).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: Dale Miller DATE: November 19, 2020 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) ✓ ✓ Contain 10 square feet of floor per inmate Limited to no more than 16 inmates ✓ ✓ No smaller than 40 square feet ✓ ✓ Contain sufficient seating to accommodate all inmates ✓ ✓ Toilet accessible ✓ ✓ Wash basin accessible ✓ ✓ Drinking fountain accessible ✓ ✓ Provide for adequate visual supervision of inmates ✓ ✓ 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 ✓ bunk if inmates are held longer than 12 hours) ✓ Weapons Locker (3.12) ✓ External to the security area and equipped with individual ✓ compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) The facility does not have sobering cells. The ✓ remainder of this regulation has been removed ✓ from this checklist. Safety Cells (WA) (2.5) The facility does not have safety cells. The ✓ remainder of the regulation has been removed ✓ from this checklist. Shower-Delousing Room (3.4) ✓ Available ✓ Secure Vault or Storage Space (2.1) ✓ Available for inmate valuables ✓ Telephone (2.1) ✓ Available for inmate use per Penal Code § 851.5 ✓ 0200 Alameda Newark TH PHY 20-22 -1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Audio Monitoring (2.22) Audio monitoring is located in cells; video ✓ monitoring is used in booking area. For facilities planned or constructed after 8-86 ✓ Janitor Closet (2.20) ✓ Available ✓ Storage Rooms (WA) (2.21) ✓ Available ✓ Emergency Power (2.24) ✓ Available to maintain fire and life safety, security, ✓ communications and alarm systems Attorney Interview Space (2.26) ✓ Available ✓ 0200 Alameda Newark TH PHY 20-22 -2 - 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: Dale Miller DATE: November 19, 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 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 Newark TH LAS 20-22 -1 - A360 LAS Adult.dot (03/01)