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

Board of State and Community Corrections · inspection-alameda-county-san-leandro-police-department-2018-2020 · Facility inspection · 2020-04-30 · Alameda County, San Leandro Police Department

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April 30, 2020 Jeff Tudor, Chief of Police San Leandro Police Department 901 E. 14th Street San Leandro, CA 94577 2018 - 2020 BIENNIAL INSPECTION OF SAN LEANDRO POLICE DEPARTMENT, PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Tudor: On July 29, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 onsite biennial inspection of the San Leandro Police Department’s Temporary Holding Facility. A pre-inspection briefing was held on April 3, 2019. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter, the Title 15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation outlining Title 24 requirements for design; and a Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Please refer to the Title 15 Checklist for indication of facility compliance status and evidence used to determine compliance. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facility. Each of the local inspections were current with no corrective action required. 0280 Alameda County San Leandro Police Department THF LTR18-20 Chief Tudor SLPD THF Page 2 Local Inspection Dates Fire and Life Safety Inspection-April 9, 2018 Clearance- April 15, 2019 Medical and Mental Health May 2, 2019 Nutritional Health May 2, 2019 Environmental Health May 2, 2019 BSCC INSPECTION The inspection consisted of a review of the San Leandro Police Department’s Temporary Holding Facility Policy and Procedure Manual and a site visit to review operations, the physical plant and relevant documentation. Title 15, CCR Evaluation Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 At inspection, we found policy areas that needed to be reviewed and revised to be consistent with regulatory expectations, procedural areas requiring update, and that Watch Commanders need training. Technical assistance was provided, and all areas were addressed prior to the writing of this report. All policy and procedure areas are now current and consistent with regulatory expectations, all supervisors have completed the necessary training and there are no outstanding areas 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 since the last BSCC biennial inspection. We found no areas of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. The agency provided their Juvenile Policy and Procedure for our review and all regulatory requirements are noted in the policy. Juveniles are held in non-secure detention only and the records reviewed reflected this information. We found no violations of the JJDPA. 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. 0280 Alameda County San Leandro Police Department THF LTR 18-20 Chief Tudor SLPD THF Page 3 This concludes the 2018-2020 biennial inspection cycle report of the Temporary Holding Facility. We would like to express our gratitude to Lieutenant Molettieri and Sergeant Sanchez and we look forward to working together in the future. If you should have any questions, please contact me at (916) 322-1638 or email at lisa.southwell@bscc.ca.gov. Sincerely, Lisa Southwell Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of San Leandro * City Council Chair, City of San Leandro * Grand Jury Foreperson, County of Alameda * Presiding Judge, County of Alameda * * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0280 Alameda County San Leandro Police Department THF LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0280 FACILITY NAME: San Leandro Police Department (SLPD) FACILITY TYPE: Temporary Holding Facility PERSON(S) INTERVIEWED: FIELD REPRESENTATIVE: DATE: Lisa Southwell July 29, 2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY San Leandro Police Department Policy Manual HOLDING FACILITY TRAINING Section 900.12: Training Custodial personnel who supervise inmates in, and The Jail falls under the Agency Professional supervisors of, a Court Holding or Temporary Holding Standards Unit. (PSU) The Patrol Administrative facility shall complete 8 hours of specialized training. Such Sergeant is designated as Jail Supervisor. The training shall include, but not be limited to: jail is staffed with Police Service Technicians (a) applicable minimum jail standards; (PST). Agency Watch Commanders provide oversight to the jail staff. (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; All Police Service Technicians have been (d) emergency procedures and planning, fire and life trained. Supervisors completed their training on safety; and, March 12, 2020. (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 San Leandro Police Department Policy Manual any event not more than six months after the date of assigned Section 900.12: Training responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ All staff have been trained as required. 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 San Leandro Police Department Policy Manual every two years. Successful completion of the requirements Section 900.12: Training in Section 1025, Continuing Professional Training may be ☒ ☐ ☐ substituted for the eight-hour refresher. All staff have been trained as required. 1027 NUMBER OF PERSONNEL San Leandro Police Department Policy Manual Section 900.3.3: Staffing Plan A sufficient number of personnel shall be employed in each local detention facility to ensure the implementation and San Leandro Police Administrative staff ☒ ☐ ☐ operation of the programs and activities required by these provided their staffing plan/schedule for our regulations. review. The Jail Supervisor ensures adequate staffing levels are maintained to operate the jail and the activities specific to the jail. 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. 0280 Alameda County San Leandro PD THF PRO 18-20 - 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 San Leandro Police Department Policy Manual least one employee on duty at all times in a local detention Section 900.3.2: 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. There are cameras outside of the cells. Staff are required to remain in the THF by policy when a prisoner is present. Such an employee shall not have any other duties which San Leandro Police Department Policy Manual would conflict with the supervision and care of inmates in ☒ ☐ ☐ Section 900.3.2: Supervision in Temporary the event of an emergency. Custody Whenever one or more female inmates are in custody, there San Leandro Police Department Policy Manual shall be at least one female employee who shall be Section 900.3.2: Supervision in Temporary immediately available and accessible to such females. Custody Note: Reference PC§ 4021. ☒ ☐ ☐ Dispatchers are available; however, if a female staff member is not immediately available, the female will not be brought into the facility and will be directly booked into a city or county jail. To determine if there is a sufficient number of personnel for San Leandro Police Department Policy Manual a specific facility, the facility administrator shall prepare and Section 900.3.3: Staffing Plan retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ Staffing plan/schedule provided and reviewed. reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS San Leandro Police Department Policy Manual Section 900.8 Holding Cells Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no Safety checks are required to be conducted more than a 60-minute lapse between safety checks. within every 30 minutes by policy. This exceeds Regulation 1027.5 60-minute requirement. Documentation reviewed showed that safety ☒ ☐ ☐ checks were completed within regulation requirements. Technical assistance provided regarding ensuring that safety checks are completed within policy. Facility administrator has addressed the issues with a training memo to the staff and facility watch commanders. There is a written plan that includes the documentation of San Leandro Police Department Policy Manual routine safety checks. Section 900.5.2 (a): Temporary Custody Requirements ☒ ☐ ☐ Safety checks are logged electronically in the agency’s case management system. Technical assistance provided to address supervisor quality assurance and review of logs. 0280 Alameda County San Leandro PD THF PRO 18-20 - 2 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1028 FIRE AND LIFE SAFETY STAFF San Leandro Police Department Policy Manual Section 900.3.3: 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 There is always one person on duty who meets standards established by the BSCC for general fire and life this requirement. safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one San Leandro Police Department Policy Manual person on duty who is trained in fire and life safety Section 900.3.3: Staffing Plan ☒ ☐ ☐ procedures that relate specifically to the facility. All jail staff have been trained. 1029 POLICY AND PROCEDURES MANUAL 2 San Leandro Police Department (SLPD) provided their policy and procedure manual for our review. It was last updated 12/24/2019. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of A Table of Organization is included as part of the communications. full Lexipol Manual. The agency provided an organizational chart to provide information ☒ ☐ ☐ regarding the agencies organizational structure. The jail falls under the agency’s Professional Standards division. (2) Inspections and operations reviews by the facility San Leandro Police Department Policy Manual administrator/manager. Section 900.11(m): Assigned Administrator The Professional Standards Unit Supervisor conducts facility inspections monthly and is responsible for oversight of facility operations. Patrol Watch Commanders oversee the day to ☒ ☐ ☐ day operations. It was noted at inspection that there was minimal oversight by patrol supervisors of the jails. This was brought to the attention of the command staff who stated that this would be addressed through training. Command staff scheduled and provided an in- service training, with clear expectations for all jail supervisors regarding jail functions. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0280 Alameda County San Leandro PD THF PRO 18-20 - 3 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Policy on the use of force. San Leandro Police Department Policy Manual Section 300: Use of Force ☒ ☐ ☐ Per Facility Administrator, Agency Use of Force Policy applies to the Jail. All Jail staff (PST and PSU’s) have been trained to agency Use of Force Policies. (4) Policy on the use of restraint equipment, including the San Leandro Police Department Policy Manual restraint of pregnant inmates as referenced in Penal Code Sections 900.6 Use of Restraint Devices and ☒ ☐ ☐ Section 3407. Section 900.6.1 Pregnant Adults refers to Handcuffing and Restraint Policy, Section 302. (5) Procedure and criteria for screening newly received San Leandro Police Department Policy Manual inmates for release per Penal Code sections 849(b)(2) and Section 412: Cite and Release Policy ☒ ☐ ☐ 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, San Leandro Police Department Policy Manual Section 900.5.1: Temporary Custody Logs ☒ ☐ ☐ Agency tracks inmates through their case management system. (B) searches of the facility and inmates, San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 900.8: Holding Cells and Section 901: Custodial Searches (C) contraband control, and, San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 900.8: Holding Cells and Section 901: Custodial Searches (D) key control. San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 706: Department Key Control Each facility administrator shall, at least annually, review, San Leandro Police Department Policy Manual evaluate, and make a record of security measures. The review Section 900.11: Assigned Administrator and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific Completed December 2019. to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: See Section 1032 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; San Leandro Police Department Policy Manual Section 900.11(e) and (j): Assigned Administrator ☒ ☐ ☐ Jail staff will notify the agency Watch Commander in the event of any of these situations. (C) mass arrests; San Leandro Police Department Policy Manual Section 900.11(n) Assigned Administrator ☒ ☐ ☐ For those that exceed the capacity of the jail, they will be transported to the county jail. 0280 Alameda County San Leandro PD THF PRO 18-20 - 4 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; San Leandro Police Department Policy Manual Section 900.11(h): Assigned Administrator and ☒ ☐ ☐ Section 903: Jail and Fire Disaster Response Prisoners will be transported to the County Jail. (E) periodic testing of emergency equipment; and, San Leandro Police Department Policy Manual Section 900.11(k): Assigned Administrator ☒ ☐ ☐ Testing of emergency equipment is completed monthly by the facility supervisors as part of their facility inspection. (F) storage, issue, and use of weapons, ammunition, San Leandro Police Department Policy Manual ☒ ☐ ☐ chemical agents, and related security devices. Section 900.5.7 (8) Suicide Prevention. ☒ ☐ ☐ See Section 1030 (9) Segregation of Inmates. San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 900.3.1(m): Individuals Who Should Note be in Temporary Custody (10) Zero tolerance in the prevention of sexual abuse and San Leandro Police Department Policy Manual sexual harassment. ☒ ☐ ☐ Section 902.3: PREA Policy (11) Policy and procedure to detect, prevent, and respond San Leandro Police Department Policy Manual to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Section 902.4: Reporting Sexual Abuse, any abuse. Harassment, and Retaliation (e) The manual for Temporary Holding, Court Holding, San Leandro Police Department Policy Manual Type I, II, III, and IV facilities shall provide for, but not be Section 902.4: Reporting Sexual Abuse, limited to, the following: Harassment and Retaliation (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other At inspection, the THF did not have the required ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual signs regarding reporting; however, they were harassment, and staff neglect or violation of ordered and were hung in a timely manner. responsibilities that may have contributed to such Prisoners may report any abuse or harassment to incidents. any staff member verbally, in writing privately or anonymously. (2) a method for uninvolved inmates, family, San Leandro Police Department Policy Manual community members, and other interested third-parties Section 902.6: PREA Coordinator to report sexual abuse or sexual harassment. The method for reporting shall be publicly posted at the ☒ ☐ ☐ Information for uninvolved prisoners, family, or facility. other third-party persons to report is available on the agency web site. 1030 SUICIDE PREVENTION PROGRAM San Leandro Police Department Policy Manual Sections: (See Below) The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct San Leandro Police Department Policy Manual contact with inmates. Section ☒ ☐ ☐ Supervisors will complete the training in March 2020. (b) Intake screening for suicide risk immediately upon San Leandro Police Department Policy Manual ☒ ☐ ☐ intake and prior to housing assignment. Section 900.4: Initiating Temporary Custody 0280 Alameda County San Leandro PD THF PRO 18-20 - 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 San Leandro Police Department Policy Manual arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ Section 900.4: Initiating Temporary Custody mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 900.4: Initiating Temporary Custody (e) Supervision depending on level of suicide risk. San Leandro Police Department Policy Manual Section 900.4: Initiating Temporary Custody Staff are to notify a supervisor if a prisoner may ☒ ☐ ☐ be at risk for suicide and the supervisor will make the determination if the prisoner will be placed in a cell, released or immediately transported. (f) Suicide attempt and suicide intervention policies and San Leandro Police Department Policy Manual procedures. Section 900.8(a): Holding Cells: ☒ ☐ ☐ Prisoners are searched for any items that could create a security or suicide risk. (g) Provisions for reporting suicides and suicides attempts. San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 900.9(b-f) Suicide Attempt, Death or Serious Injury (h) Multi-disciplinary administrative review of suicides and San Leandro Police Department Policy Manual attempted suicides as defined by the facility ☒ ☐ ☐ Section 900.9(h)(1) (c) Suicide Attempt, Death administrator. or Serious Injury 1032 FIRE SUPPRESSION PREPLANNING San Leandro Police Department Policy Manual Section 903.5: Jail Fire and Disaster Response 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 Agency maintains close communication with department to be included as part of the policy and procedures Bob Snodgrass, Fire Inspector Alameda County ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section Fire Department. 1029); (b) regular fire prevention inspections by facility staff on a San Leandro Police Department Policy Manual monthly basis with two-year retention of the inspection Section 903.3: Inspection record; The City Public Works Department completes all city building monthly inspections. All documentation is kept off site with Public Works ☒ ☐ ☐ and was not provided at inspection. Agency has since developed their own form and has implemented their own tracking process for inspection purposes and will inspect the facility, in addition to the Public Works inspection. (c) fire prevention inspections as required by Health and Alameda County Fire inspection 04/09/2018. All Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ corrections made and signed off on 04/15/2019. inspections at least once every two years; Next inspection due by 04/09/2020. (d) an evacuation plan; and, San Leandro Police Department Policy Manual Section 903.5: Inmate Evacuation ☒ ☐ ☐ There is an evacuation plan posted. 0280 Alameda County San Leandro PD THF PRO 18-20 - 6 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) a plan for the emergency housing of inmates in the case of San Leandro Police Department Policy Manual fire. Section 903.5: Inmate Evacuation ☒ ☐ ☐ Inmates will be transported to the Alameda County Jail should the facility be uninhabitable. 1044 INCIDENT REPORTS San Leandro Police Department Policy Manual Section 900.5.8 Reporting Physical Harm or Each facility administrator shall develop written policies and Serious Threat of Physical Harm procedures for the maintenance of written records and reporting of all incidents which result in physical harm, or There are no incident reports to review for this ☒ ☐ ☐ serious threat of physical harm, to an employee or inmate of cycle. a detention facility or other person. All incident reports would be written as a supplemental report to the originating crime case and maintained with those records. Such records shall include the names of the persons San Leandro Police Department Policy Manual involved, a description of the incident, the actions taken, and Section 900.5.8 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 San Leandro Police Department Policy Manual to investigate the incident and submitted to the facility Section 900.5.8 Reporting Physical Harm or ☒ ☐ ☐ manager or his/her designee. Serious Threat of Physical Harm 1046 DEATH IN CUSTODY San Leandro Police Department Policy Manual Section 900.9(h)(1) (c) Suicide Attempt, Death or Serious Injury (c) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of San Leandro Police Department Policy Manual clinical care; whether changes to policies, procedures, or Section 900.9(h)(1) (c) Suicide Attempt, Death ☒ ☐ ☐ practices are warranted; and to identify issues that require or Serious Injury 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 San Leandro Police Department Policy Manual Board a copy of the report submitted to the Attorney Section 900.9(h)(1)(a) Suicide Attempt, Death General under Government Code Section 12525. A copy ☒ ☐ ☐ or Serious Injury 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 San Leandro Police Department Policy Manual administrator, the Board may within 30 calendar days Section 900.9(h)(1)(b) Suicide Attempt, Death inspect and evaluate the jail, lockup, or court holding or Serious Injury ☐ ☐ ☐ 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. 0280 Alameda County San Leandro PD THF PRO 18-20 - 7 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN San Leandro Police Department Policy Manual Section 900.4.1: Screening and Placement Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written All classification documentation is completed classification plan designed to properly assign inmates to electronically (New World Systems) and there housing units and activities according to the categories of are no paper copies kept. We reviewed random sex, age, criminal sophistication, seriousness of crime prisoners, housed on random days and all charged, physical or mental health needs, assaultive/non- documentation was present. 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.) In deciding whether to assign an inmate to a housing area San Leandro Police Department Policy Manual for male or female inmates, and in making other housing and Section 900.4.1: Screening and Placement programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES San Leandro Police Department Policy Manual Section 900.3.1(g): Individuals Who Should Not Be in Temporary Custody and Section 900.4: The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Initiating Temporary Custody procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be San Leandro Police Department Policy Manual made of the person being booked as to whether or not he/she Section 900.4: Initiating Temporary Custody has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or All medical screens are completed electronically any other communicable diseases, or other special medical ☒ ☐ ☐ (New World Systems) and there are no paper problem identified by the health authority. The response copies kept. We reviewed random prisoners, shall be noted on the booking form and/or screening device. housed on random days and all documentation was present. 1052 MENTALLY DISORDERED INMATES 900.3.1 Individuals Who Shall Not Be In Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Mentally Disordered persons, who are a danger procedures to identify and evaluate all mentally disordered to themselves or others or who appear to be inmates, and may include telehealth. disabled due to their mental state, will not be brought into the facility. 0280 Alameda County San Leandro PD THF PRO 18-20 - 8 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary, to protect the safety ☐ ☐ ☒ of the inmate or others. 1053 ADMINISTRATIVE SEGREGATION San Leandro Police Department Policy Manual Section 900.3.1(m): Individuals Who Should Note be in Temporary Custody Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are Any prisoner needing to be administratively determined to be prone to: promote activity or behavior that segregated will be transported to the county jail. 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 San Leandro Police Department Policy Manual secure housing but shall not involve any other deprivation of Section 900.3.1(m): Individuals Who Should ☒ ☐ ☐ privileges than is necessary to obtain the objective of Note be in Temporary Custody protecting the inmates and staff. 1055 USE OF SAFETY CELL There is no Safety Cell at the San Leandro City Police Department. The remainder of this section is marked as Not Applicable (NA). The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum 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. 0280 Alameda County San Leandro PD THF PRO 18-20 - 9 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 San Leandro Police Department Policy Manual Section 900.8.1: Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a At inspection, we noted in some circumstances, threat to their own safety or the safety of others due to their the agency incorrectly placed prisoners in the ☒ ☐ ☐ state of intoxication and pursuant to written policies and sobering cell. Technical assistance was procedures developed by the facility administrator. provided, and all Watch Commanders have now been trained. Additional documentation has been reviewed subsequent to the writing of this report and the issue has been corrected. Such inmates shall be removed from the sobering cell as they San Leandro Police Department Policy Manual are able to continue in the processing. Section 900.8.1c: Use of Sobering Cell ☒ ☐ ☐ See above note. In no case shall an inmate remain in a sobering cell over six San Leandro Police Department Policy Manual hours without an evaluation by a medical staff person or an Section 900.8.1b: Use of Sobering Cell evaluation by custody staff, pursuant to written medical procedures in accordance with section 1213 of these At inspection, we noted the agency held regulations, to determine whether the prisoner has an urgent prisoners in the sobering cells for longer than 6 medical problem. hours without medical evaluation. These were ☒ ☐ ☐ not prisoners that were held for sobering purposes but were persons who were held incorrectly as noted above. Technical assistance was provided, and all Watch Commanders have now been trained. Additional documentation has been reviewed subsequent to the writing of this report and the issue has been corrected. At 12 hours from the time of placement, all inmates will San Leandro Police Department Policy Manual receive an evaluation by responsible health care staff. ☒ ☐ ☐ Section 900.8.d: Use of Sobering Cell 0280 Alameda County San Leandro PD THF PRO 18-20 - 10 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of inmates held in the San Leandro Police Department Policy Manual sobering cell shall be conducted no less than every half hour. Section 900.8.1: Use of Sobering Cell Such observation shall be documented. At inspection, random documentation for sober cell placements were reviewed., it was noted that safety checks were not completed as required. ☒ ☐ ☐ Technical assistance was provided, Watch Commanders have now been trained and staff ensure that all checks are completed as required. Additional documentation has been reviewed subsequent to the writing of this report and the issue has been corrected. 1057 DEVELOPMENTALLY DISABLED 900.3.1 Individuals Who Shall Not Be In INMATES Temporary Custody The facility administrator, in cooperation with the Developmentally Disabled persons will not be ☐ ☐ ☒ responsible physician, shall develop written policies and brought into the 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 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 San Leandro Police Department Policy Manual Section 900.6: Use of Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop written policies and Facility only uses restraints for the purpose of procedures for the use of restraint devices and may delegate ☒ ☐ ☐ security and to transport prisoners. Any person authority to place an inmate in restraints to a responsible who is restrained for purposes beyond security or health care staff. transportation will be removed from the facility and transported to the county jail. They will be directly supervised pending transportation. 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. 0280 Alameda County San Leandro PD THF PRO 18-20 - 11 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☐ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES San Leandro Police Department Policy Manual Section 900.6.1 Pregnant Adults 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 San Leandro Police Department Policy Manual delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ Section 900.6.1 Pregnant Adults waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in San Leandro Police Department Policy Manual recovery after delivery, shall not be restrained by the Section 900.6.1 Pregnant Adults ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional San Leandro Police Department Policy Manual who is currently responsible for the medical care of a Section 900.6.1 Pregnant Adults pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. 0280 Alameda County San Leandro PD THF PRO 18-20 - 12 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) Upon confirmation of an inmate's pregnancy, she San Leandro Police Department Policy Manual shall be advised, orally or in writing, of the standards ☒ ☐ ☐ Section 900.6.1 Pregnant Adults and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE San Leandro Police Department Policy Manual Section 900.5.5: Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone Three initial calls are provided no later than three beyond those telephone calls which are required by Section hours after arrest. Additional reasonable and 851.5 of the Penal Code. necessary calls may be made as requested. 1068 ACCESS TO COURTS AND COUNSEL San Leandro Police Department Policy Manual Section 900.5.9: 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 that long regulations, and, ☒ ☐ ☐ to request for mail. If they ask, staff will let them write letters. (b) confidential consultation with attorneys. San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 900.5.9: Attorneys and Bail Bondsmen 1080 RULES AND DISCIPLINARY PENALTIES San Leandro Police Department Policy Manual Section 900.5.10: Discipline Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary Manual states, “Discipline will not be penalties to guide inmate conduct. administered to any individual in temporary custody at this facility. 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 San Leandro Police Department Policy Manual Section 900.5.10: 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: 0280 Alameda County San Leandro PD THF PRO 18-20 - 13 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 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. 0280 Alameda County San Leandro PD THF PRO 18-20 - 14 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE San Leandro Police Department Policy Manual Section 900.5.10: 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. The infraction. Acceptable forms of discipline shall consist of, remainder of this section is marked as Not but not be limited to, the following: Applicable (NA). (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY San Leandro Police Department Policy Manual ACTIONS Section 900.5.10: Discipline The Penal Code and the State Constitution expressly Discipline is not administered at the facility. The prohibit all cruel and unusual punishment. Additionally, remainder of this section is marked as Not there shall be the following limitations: Applicable (NA). (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. 0280 Alameda County San Leandro PD THF PRO 18-20 - 15 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS San Leandro Police Department Policy Manual Section 900.5.10: 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. The therefore. This requirement may be satisfied by retaining remainder of this section is marked as Not copies of rule violation reports and report of the disposition Applicable (NA). 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 Annual Survey states that Juveniles will be held in this secure detention in the jail. Title 15, Article 9 establishes facility in non-secure status only. 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. 0280 Alameda County San Leandro PD THF PRO 18-20 - 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 1047 SERIOUS ILLNESS OR INJURY OF A SLPD Policy Manual 313.13: MINOR IN AN ADULT DETENTION FACILITY ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 313.3.2: Suicide Prevention of Juveniles in Custody (b) use of restraints; San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 313.10: Use of Restraint Devices (c) emergency medical assistance and services; and, San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 313.3.1: Emergency Medical Care of Juveniles (d) prohibiting use of discipline. San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 313.8 (o): Temporary Custody Requirements 1143 CARE OF MINORS IN TEMPORARY San Leandro Police Department Policy Manual CUSTODY Section 313.8: Temporary Custody Requirements ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 313.8(e): Temporary Custody Requirements (2) one snack upon request during term of temporary San Leandro Police Department Policy Manual custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ Section 313.8(f): Temporary Custody hours or is otherwise in need of nourishment; Requirements (3) access to drinking water; and, San Leandro Police Department Policy Manual ☒ ☐ ☐ Section 313.8(g): Temporary Custody Requirements (4) privacy during consultation with family, guardian, San Leandro Police Department Policy Manual and/or lawyer. ☒ ☐ ☐ Section 313.8(i): Temporary Custody Requirements (5) blankets and clothing, as necessary, to assure the San Leandro Police Department Policy Manual comfort of the minor; and, ☒ ☐ ☐ Section 313.8(j) and (k): Temporary Custody Requirements (6) his or her personal clothing unless the clothing is San Leandro Police Department Policy Manual inadequate, presents a health or safety problem, or is ☒ ☐ ☐ Section 313.8(j): Temporary Custody required to be utilized as evidence of an offense. Requirements 0280 Alameda County San Leandro PD THF PRO 18-20 - 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 1144 CONTACT BETWEEN MINORS AND San Leandro Police Department Policy Manual ADULT PRISONERS Section 313.7: No-Contact Requirements ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, San Leandro Police Department Policy Manual such as booking or facility movement, facility staff (trained Section 313.7: No-Contact Requirements in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY San Leandro Police Department Policy Manual Section 313.12: 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 Youth are not held in secure confinement 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 San Leandro Police Department Policy Manual serious security risk of harm to self or others, the officer may Section 313.12a: 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 San Leandro Police Department Policy Manual ☒ ☐ ☐ taken into custody; Section 313.12b: Secure Custody (c) minor's behavior, including the degree to which the San Leandro Police Department Policy Manual ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Section 313.12c: Secure Custody (d) the availability of staff to provide adequate San Leandro Police Department Policy Manual ☒ ☐ ☐ supervision or protection of the minor; and, Section 313.12d: Secure Custody (e) the age, type, and number of other individuals who San Leandro Police Department Policy Manual ☒ ☐ ☐ are detained in the facility. Section 313.12e: Secure Custody 1146 CONDITIONS OF SECURE CUSTODY San Leandro Police Department Policy Manual Section 313.12: 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. 0280 Alameda County San Leandro PD THF PRO 18-20 - 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 1147 SUPERVISION OF MINORS IN SECURE San Leandro Police Department Policy Manual CUSTODY INSIDE A LOCKED Section 313.12.1: Locked Enclosures ENCLOSURE ☐ ☐ ☒ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; San Leandro Police Department Policy Manual ☐ ☐ ☒ and, Section 313.12.1b: Locked Enclosures (2) safety checks, as defined in Section 1006, of the San Leandro Police Department Policy Manual minor by staff of the law enforcement facility, at Section 313.12.1d: Locked Enclosures ☐ ☐ ☒ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same San Leandro Police Department Policy Manual locked room unless under constant direct visual ☐ ☐ ☒ Section 313.12.1e: Locked Enclosures observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE San Leandro Police Department Policy Manual CUSTODY OUTSIDE OF A LOCKED Section 313.12: Secure Custody ENCLOSURE ☐ ☐ ☒ Minors held in secure custody outside of a locked Youth are not held in secure confinement outside enclosure shall not be secured to a stationary object for of a locked enclosure more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant San Leandro Police Department Policy Manual direct visual observation to assure the minor's safety while ☐ ☐ ☒ Section 313.12: Secure Custody secured to a stationary object. Securing minors to a stationary object for longer than 60 San Leandro Police Department Policy Manual minutes, and every 30 minutes thereafter, shall be ☐ ☐ ☒ Section 313.12: Secure Custody approved by a supervisor. The decision for securing a minor to a stationary object for San Leandro Police Department Policy Manual longer than 60 minutes, and every 30 minutes thereafter shall Section 313.12: Secure Custody ☐ ☐ ☒ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE San Leandro Police Department Policy Manual CUSTODY Section 313.1.1: Definitions Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 0280 Alameda County San Leandro PD THF PRO 18-20 - 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 1150 SUPERVISION OF MINORS IN NON- San Leandro Police Department Policy Manual SECURE CUSTODY Section 313.1.1: Definitions Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF San Leandro Police Department Policy Manual ANY INTOXICATING SUBSTANCE IN SECURE OR Section 313.3: Juveniles Who Should Not Be NON-SECURE CUSTODY Held (d) Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room 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. 0280 Alameda County San Leandro PD THF PRO 18-20 - 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)(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)(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. 0280 Alameda County San Leandro PD THF PRO 18-20 - 21 - A352 TH PRO eff. 1/2019 (18-20).dot ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION Board of State & Community Corrections Applicable Title 24 Regulations: PRE-73; 4/73 BSCC Code: 0280 FACILITY NAME: San Leandro City Jail FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): PRE-73: ✓ Post 4/73: OTHER: 1991 FIELD REPRESENTATIVE: Lisa Southwell DATE: July 29, 2019 TITLE 24 SECTION YES NO NA COMMENTS Holding Cells (2.2) X Contain 10 square feet of floor per inmate Capacity not to exceed ten (10) persons X 4-73: Capacity limitation deleted Sufficient fixed benches to accommodate cell capacity X Toilet accessible X Water fountain accessible X Wash basin accessible X 3.12 Weapons Locker (3.12) X External to the security area and equipped with individual compartments, locks and keys Detoxification/Sobering Cells (2.4) X 1997 – Cells converted to sobering cells. 01: name change to “Sobering Cell” Limited to no more than 15 inmates 4-73: Capacity limited to 16 inmates Contain 15 square feet of floor per inmate X Contain toilet X 4-73: 1:8 ratio Contain washbasin X 4-73: 1:8 ratio Contain drinking fountain X Adequate visual observation X Padding recommended X 4-73: Padding required Shower-Delousing Room (3.4) X Two showers Available in booking/reception 0280 Alameda County San Leandro PD THF PHY 18-20 A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO NA COMMENTS 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 Single Occupancy Cells (2.6) X Maximum capacity of one inmate. A minimum width of 6 feet, length of 7.5 feet and height of 8 feet X 4-73: Minimum width of 6 feet, length 8 feet and height of 8 feet, OR clear floor area of 43 square feet Contain toilet and washbasin and drinking fountain X Contain a bunk capable of accommodating a standard 30" X 76" mattress X Multiple Occupancy Cells (8227) X 1991 (4) Double occupancy added. A capacity of more than 2 persons 4-73: Capacity between 4-16 inmates A minimum of 500 cubic feet of air space per inmate X 1973 Standard – 25 square feet for cells 7 & 8 4-73: Minimum of 25 square feet floor space per inmate Toilet and washbasin X 4-73: 1:8 ratio Drinking fountain X Contain a bunk capable of accommodating a standard 30" X X 76" mattress Safety Cells (2.5) Safety cell was demolished to expand the X booking area. Designed to house one person A minimum width of 6 feet, length of 7.5 feet and height of 8 feet X 4-73: Minimum 6-foot width; length and height of 8 feet Equipped with flush ring toilet (flush with floor) X Equipped with solid security door and view panel X Padded floor, door and walls X 4-73: Illumination provided by variable intensity light X fixture operable from outside the cell. Dormitory (2.8) No dormitories X Capacity of 4-50 inmates 4-73: Capacity limitation deleted 500 cubic feet of air space per inmate X 4-73: 40 square feet per inmate A least 10-foot ceilings if double bunked X 0280 Alameda County San Leandro PD THF PHY 18-20 A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO NA COMMENTS 4-73: Toilet and Washbasin ratio at 1:8 ratio X 01: Ratio changed to 1:10 4-73: Drinking fountain X Showers (3.4) X 4-73: Available at 1:16 ratio 94: Ratio changed to 1:20 Lighting (3.6) X 4-73: Sufficient to permit easy reading 4-73: Night lighting is sufficient to allow good supervision X Comfortable Living Environment (102(c)6 X 4-73: A comfortable living environment is maintained through an adequate heating and cooling system Dayrooms (2.9) Temporary Holding Facility Available for inmates in single cells, multiple cells and dormitories X 4-73: 25 square feet dayroom space per inmate in Type II and III facilities and inmate workers in Type I Exercise Area (2.10) Available in Type II and III facilities X 4-73: Minimum of 30 feet X 50 feet X 15 feet Program Space -Type II and III (2.11) Available in Type II and III facilities X 4-73: Sufficient area and furnishing s to meet needs Dining Facilities (2.17) 15 square feet per person served (in facilities for 100 persons or more) X 4-73: Toilets, washbasins and showers are not in the same room or not in view of inmates dining Visiting (2.18) X Visiting area 4-73: Contact visits are permitted in minimum security X facilities Attorney Interview Space (2.26) X Provide for confidential attorney consultation 0280 Alameda County San Leandro PD THF PHY 18-20 A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO NA COMMENTS Janitor Closet (2.20) X Located in security areas, lockable, containing a mop sink Storage Space (2.21) X Adequate space available Audio or Video Monitoring System (2.22) X Located in all inmate housing units and capable of alerting staff in a central control Fire Alarm System [102(2)6] X Recommended in Pre-73 facilities 4-73: Automatic fire alarm system is required Emergency Power (2.24) X Recommended in Pre-73 facilities 4-73: Required; to provide minimal lighting, communication s and alarm systems 0280 Alameda County San Leandro PD THF PHY 18-20 A380 PHY Type P73&4-73.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION State Board of State & Community Corrections Inspection BSCC Code: 0280 FACILITY: San Leandro City Jail TYPE: THJ RC: 28 FIELD REPRESENTATIVE: Lisa Southwell DATE: July 29, 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 1963 1 (4) (4) 5.5’ x 8.0’ Notes: Toilet facilities accessible. Eight feet of bench seating. Male 1 & 6 Sobering 1963 2 (2) (4) 6.0 X 8.5 X 11.0 1 1 1 Female 9 Sobering 1963 1 (3) (3) 8.5 X 8.5 X 11.0 1 1 1 2&3 – 4&5 Multiple 1963 4 2 4 16 8.5 X 9.0 X 11.0 1 1 1 10 Multiple 1963 1 4 4 4 8.5 X 8.5 X 11.0 1 1 1 7&8 Double 1991 2 2 2 4 8.5 X 8.5 1 1 1 11&12 Double 1991 2 2 2 4 8.5 X 8.5 1 1 1 Notes: Cells 1,2,3,4,5,6, 7, and 8 are male housing. Cells 9,10,11 and 12 are female housing. Two showers; one each male side, and one female side. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total BRC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 0280 Alameda County San Leandro PD THF LAS 18-20 - 1 - A360 LAS Adult.dot (03/01)