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

January 28, 2021 Jared Rinetti, Chief of Police Union City Police Department 34009 Alvarado-Niles Road Union City, CA 94560 2020-2022 BIENNIAL INSPECTION OF UNION CITY POLICE DEPARTMENT, UNION CITY POLICE TEMPORARY HOLDING FACILITY, PENAL CODE 6031 Dear Chief Rinetti, On November 19, 2020, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Union City 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 facility. Local inspection reports are forwarded to your Department under a separate cover. Each of the local inspections were current. 0300 Alameda Union City THJ LTR 20-22 Chief Rinetti Union City Police Department Page 2 Inspection Date Fire and Life Safety April 8, 2019 Medical and Mental Health October 21, 2020 Environmental Health October 21, 2020 BSCC INSPECTION The inspection consisted of a review of the applicable sections of the Union City Police Department’s Policy Manual, relevant documentation, a site visit to review operations and physical plant, 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 noncompliance were noted, and no corrective action required. 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. This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Union City Police Department’s Temporary Holding Facility. We would like to express our gratitude to Sergeant Jean Jimenez, PSO Luis Escamilla and Alec Sira for their assistance. We look forward to assisting you with any technical assistance in the future. If you should have any questions, please contact me at (916) 956-3679 or email at dale.miller@bscc.ca.gov. 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. 0300 Alameda Union City THJ LTR 20-22 Chief Rinetti Union City Police Department Page 3 Sincerely, Dale A. Miller Digitally signed by Dale A. Miller Date: 2021.01.28 13:21:09 -08'00' DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: Mayor, City of Union City* City Manager, City of Union City* Presiding Judge, Superior Court, County of Alameda* Grand Jury Foreman, Superior Court, County of Alameda* Sergeant Jean Jimenez, Union City Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0300 Alameda Union City THJ LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0300 FACILITY NAME: Union City Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sergeant Jean Jimenez, PSO Luis Escamilla, and PSO Alec Sira FIELD REPRESENTATIVE: Dale Miller DATE: November 19, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Union City Police Department Policy Manual HOLDING FACILITY TRAINING (UCPM) 900.34 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 within (a) applicable minimum jail standards; six months of assignment. Such training shall (b) jail operations liability; ☒ ☐ ☐ include but not be limited to the following: (c) inmate segregation; Applicable minimum jail standards (d) emergency procedures and planning, fire and life Jail operations liability safety; and, Inmate segregation (e) suicide prevention. Emergency procedures and planning, fire safety, Each agency shall determine if additional training is needed and life safety based upon, but not limited to, the complexity of the facility, Suicide prevention 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 900.34 Training any event not more than six months after the date of assigned Corrections Officer Core Course or eight hours responsibility, or the effective date of this regulation. of specialized training within six months of Successful completion of Core training or supplemental ☒ ☐ ☐ assignment. 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 900.34 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 900.4.5 Staffing Plan The Chief of Police or the authorized designee A sufficient number of personnel shall be employed in each shall ensure a staffing plan is prepared and local detention facility to ensure the implementation and ☒ ☐ ☐ maintained, indicating assigned personnel and operation of the programs and activities required by these their duties. The plan should ensure that at least regulations. one member is on-duty at all times who meets the training standards established by the Board of State and Community Corrections (BSCC). 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. 0300 Alameda Union City THJ 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 900.4.4 Supervision in Temporary Custody least one employee on duty at all times in a local detention An authorized department member capable of facility or in the building which houses a local detention ☒ ☐ ☐ supervising shall be present at all times when an facility who shall be immediately available and accessible to individual is held in temporary custody. inmates in the event of an emergency. Such an employee shall not have any other duties which 900.4.4 Supervision in Temporary Custody would conflict with the supervision and care of inmates in Member responsible for supervising shall not ☒ ☐ ☐ the event of an emergency. have other duties that could unreasonably conflict with his/her supervision. Whenever one or more female inmates are in custody, there 900.4.4 Supervision in Temporary Custody shall be at least one female employee who shall be At least one female department member shall be immediately available and accessible to such females. present when a female adult is in temporary Note: Reference PC§ 4021. ☒ ☐ ☐ custody. In the event that none is readily available, the female in custody shall be transported to another facility or released pursuant to another lawful process. To determine if there is a sufficient number of personnel for The Union City Police Department submitted a specific facility, the facility administrator shall prepare and annual budget and staffing plan to the City retain a staffing plan indicating the personnel assigned in the Council. When the temporary holding facility facility and their duties. Such a staffing plan shall be is in use, trained Public Service Officers (PSO) ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial or trained Police Officers (PO) stay at the inspection. The results of such a review and facility. Safety checks and duty rosters appear recommendations shall be reported to the local jurisdiction to be adequate for this facility. having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.25 Holding Cells Safety checks by department members should Safety checks shall be conducted at least hourly through occur no less than every 15 minutes, however, direct visual observation of all inmates. There shall be no state guidelines pursuant to 15 CCR 1027.5 more than a 60-minute lapse between safety checks. state the following: Safety checks shall be conducted at least hourly through direct visual ☒ ☐ ☐ observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. BSCC Staff reviewed all safety checks for February and March 2020. All were completed within 60 minutes. There is a written plan that includes the documentation of 900.25 Holding Cells routine safety checks. All safety checks shall be logged. The safety check should involve questioning the individual as to his/her well- being. ☒ ☐ ☐ Individuals who are sleeping or apparently sleeping should be awakened. Requests or concerns of the individual should be logged. 1028 FIRE AND LIFE SAFETY STAFF 900.4.5 Staffing Plan That at least one member is on-duty at all times Whenever there is an inmate in custody, there shall be at who meets the training standards established by ☒ ☐ ☐ least one person on duty at all times who meets the training the Board of State and Community Corrections. standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 900.4.5 Staffing Plan person on duty who trained in fire and life safety procedures Staff member should be trained in fire and life ☒ ☐ ☐ that relate specifically to the facility. safety procedures relating specifically to the facility. 0300 Alameda Union City THJ 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 Union City Police Department utilizes the Union City PD Policy Manual (UCPM), Section 900 as the Policy Manual for the Facility administrator(s) shall develop and publish a manual Temporary Holding Facility. Additional of policy and procedures for the facility. The policy and sections of the UCPM are used to cover general procedures manual shall address all applicable Title 15 and requirements of Title 15 regulations. 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 latest revision and review of the UCPM ☒ ☐ ☐ was completed on February 11, 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 Organizational Structure and Responsibility ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.13 Weekly Security Inspection of the ☒ ☐ ☐ administrator/manager. Holding Cells (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4) Policy on the use of restraint equipment, including the 306.3.1 Restraint of Detainees restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 306.3.2 Restraint of Pregnant Persons Section 3407. 900.23 Use of Restraint Devices (5) Procedure and criteria for screening newly received 420 Cite and Release Policy inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 900.32 Release and/or Transfer 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, ☒ ☐ ☐ 900.21.1 Temporary Custody Requirements (B) searches of the facility and inmates, 900.13 Weekly Security Inspection of the ☒ ☐ ☐ Holding Cells 902 Custodial Searches (C) contraband control, and, ☒ ☐ ☐ 902 Custodial Searches (D) key control. ☒ ☐ ☐ 900.12 Control of Holding Facility Keys Each facility administrator shall, at least annually, review, 900.33 Assigned Administrator evaluate, and make a record of security measures. The review Field Operations Division Captain will ensure and evaluation shall include internal and external security annual review and evaluation 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, sanitation, safety and ☒ ☐ ☐ maintenance of the facility including security measures specific to prevention of sexual abuse and sexual harassment. BSCC Staff was shown a copy of the administrator’s review completed on November 16, 2020. (7) Emergency procedures include: 900.33 Assigned Administrator (A) fire suppression preplans as required by section ☒ ☐ ☐ Fire- and life-safety, including a fire suppression 1032 of these regulations; pre-plan. (B) escape, disturbances, and the taking of hostages; 900.18 Escapes and Other Unusual Situations ☒ ☐ ☐ 900.33 Assigned Administrator 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0300 Alameda Union City THJ PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) mass arrests; ☒ ☐ ☐ 900.10 Group/Mass Arrests (D) natural disasters; ☒ ☐ ☐ 900.23.2 Citywide or Regional Disasters (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 900.33 Assigned Administrator (F) storage, issue, and use of weapons, ammunition, 900.21.5 Firearms and Other Security Measures ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 900.36 Suicide Prevention (9) Segregation of Inmates. ☒ ☐ ☐ 900.20.1 Segregation (10) Zero tolerance in the prevention of sexual abuse and 904 Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 900.21.7 Sexual Abuse Reporting to retaliation against any staff or inmate after reporting ☒ ☐ ☐ 904 Prison Rape Elimination any abuse. (e) The manual for Temporary Holding, Court Holding, In the THF there will be signs notifying inmates Type I, II, III, and IV facilities shall provide for, but not be of the multiple methods for privately reporting limited to, the following: sexual abuse or sexual harassment. (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, The signs must include a method for community members, and other interested third parties uninvolved inmates, family, community to report sexual abuse or sexual harassment. The members, and other interested third parties to method for reporting shall be publicly posted at the report sexual abuse or sexual harassment. The ☒ ☐ ☐ facility. method for reporting shall be publicly posted at the facility. BSCC Staff confirmed that signs are posted in the holding area and in the public lobby. 1030 SUICIDE PREVENTION PROGRAM 900.36 Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct 900.34 Training ☒ ☐ ☐ contact with inmates. 900.36 Suicide Prevention (b) Intake screening for suicide risk immediately upon 900.20.1 Screening and Placement ☒ ☐ ☐ intake and prior to housing assignment. (c) Provisions facilitating communication among 900.32 Release and/or Transfer arresting/transporting officers, facility staff, medical and The department member transporting the mental health personnel in relation to suicide risk. ☒ ☐ ☐ individual shall ensure such risks are communicated to intake personnel at the other facility. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ 900.20.1 Screening and Placement (e) Supervision depending on level of suicide risk. 900.4.1 Individuals Who Shall Not Be in ☒ ☐ ☐ Temporary Custody (f) Suicide attempt and suicide intervention policies and 900.15 Suicide Attempt, Death, or Serious procedures. Injury ☒ ☐ ☐ 900.37 Attempt Suicide, Death or Serious Injury 0300 Alameda Union City THJ 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. 900.37 Attempt Suicide, Death or Serious ☒ ☐ ☐ Injury (h) Multi-disciplinary administrative review of suicides and 900.37 Attempt Suicide, Death or Serious attempted suicides as defined by the facility ☒ ☐ ☐ Injury administrator. Procedural and Medical Review 1032 FIRE SUPPRESSION PREPLANNING 900.29 Fire Safety/National Disaster Evaluation Plan Pursuant to Penal Code Section 6031.1(b), the facility THF manager shall annually consult with the administrator shall consult with the local fire department ☒ ☐ ☐ local fire department having jurisdiction over having jurisdiction over the facility, with the State Fire the facility, with the State Fire Marshal, or both, Marshal, or both, in developing a plan for fire suppression in developing a plan for fire suppression. which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire 900.29 Fire Safety/National Disaster Evaluation department to be included as part of the policy and procedures Plan ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 900.29 Fire Safety/National Disaster Evaluation monthly basis with two-year retention of the inspection Plan record; Regular fire prevention inspections by facility ☒ ☐ ☐ staff on a monthly basis. Staff inspects the facility weekly. BSCC Staff reviewed inspections for the last two years. (c) fire prevention inspections as required by Health and Fire prevention inspections as required by Safety Code Section 13146.1(a) and (b) which requires Health and Safety Code Section 13146.1(a) and inspections at least once every two years; (b) which requires inspections at least once ☒ ☐ ☐ every two years. Alameda County Fire completed the inspection on April 8, 2019. (d) an evacuation plan; and, 900.29 Fire Safety/National Disaster Evaluation ☒ ☐ ☐ Plan (e) a plan for the emergency housing of inmates in the case of 900.29 Fire Safety/National Disaster Evaluation ☒ ☐ ☐ fire. Plan 1044 INCIDENT REPORTS 344.2 Required Reporting 900.21.6 Reporting Physical Harm or Serious Each facility administrator shall develop written policies and Threat of Physical Harm procedures for the maintenance of written records and ☒ ☐ ☐ BSCC Staff requested to review all reports of reporting of all incidents which result in physical harm, or incidents the happened in the temporary holding serious threat of physical harm, to an employee or inmate of facility in the last year. No incidents had a detention facility or other person. occurred. Such records shall include the names of the persons 344 Report Preparation 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 344 Report Preparation to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY 900.37 Attempt Suicide, Death or Serious Injury (a) Death in Custody Reviews for Adults and Minors. The Chief of police must conduct an initial review of every in-custody death within 30 The facility administrator, in cooperation with the health days. The review team shall include the facility administrator, shall develop written policy and procedures ☒ ☐ ☐ administrator and/or the facility manager, the to ensure that there is an initial review of every in-custody health administrator, the responsible physician death within 30 days. The review team shall include the and other health care and supervision staff who facility administrator and/or the facility manager, the health are relevant to the incident. administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. 0300 Alameda Union City THJ PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Deaths shall be reviewed to determine the appropriateness of 900.37 Attempt Suicide, Death or Serious clinical care; whether changes to policies, procedures, or Injury practices are warranted; and to identify issues that require Deaths shall be reviewed to determine the further study. ☒ ☐ ☐ 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 900.37 Attempt Suicide, Death or Serious In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Injury lockup, or court holding facility: (1) The administrator of the facility shall provide to the 900.37 Attempt Suicide, Death or Serious Board a copy of the report submitted to the Attorney Injury General under Government Code Section 12525. A copy The administrator of the facility shall provide to of the report shall be submitted within 10 calendar days ☒ ☐ ☐ the BSCC a copy of the report submitted to the after the death. Attorney General under GC Section 12525. A copy 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 Upon receipt of a report of death of a minor administrator, the Board may within 30 calendar days from the administrator, the Board may within inspect and evaluate the jail, lockup, or court holding 30 calendar days inspect and evaluate the court facility pursuant to the provisions of this subchapter. Any ☒ ☐ ☐ holding facility pursuant to the provisions of inquiry made by the Board shall be limited to the this subchapter. Any inquiry made by the Board standards and requirements set forth in these regulations. shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.20.1 Screening and Placement - Complete a UCPD Arrestee Medical (a) Each administrator of a temporary holding, Type I, II, or Screening & Classification form for all III facility shall develop and implement a written prisoners in their custody classification plan designed to properly assign inmates to - Ensure individuals are separated according to housing units and activities according to the categories of sex, severity of the crime age, criminal sophistication, seriousness of crime charged, - Ensure males and females are separated physical or mental health needs, assaultive/non-assaultive - Ensure separation, as appropriate, based on behavior, risk of being sexually abused, or sexually harassed other factors, such as age, criminal and other criteria which will provide for the safety of the ☒ ☐ ☐ sophistication, assaultive/non-assaultive inmates and staff. Such housing unit assignment shall be behavior, mental state, disabilities and sexual accomplished to the extent possible within the limits of the orientation available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area 900.20.1 Screening and Placement for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a An inmate's own views with respect to his or case-by-case basis whether a placement would ensure the ☒ ☐ ☐ her own safety shall be given serious inmate's health and safety, and whether the placement would consideration. present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 0300 Alameda Union City THJ PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1051 COMMUNICABLE DISEASES 900.4.1 Individuals Who Shall Not Be in Temporary Custody The facility administrator, in cooperation with the Any individual who claims to have, is known to responsible physician, shall develop written policies and be afflicted with, or displays symptoms of any procedures specifying those symptoms that require ☒ ☐ ☐ communicable disease that poses an segregation of an inmate until a medical evaluation is unreasonable exposure risk. completed. The department has enacted an extensive COVID-19 Exposure Mitigation and Response Plan. At the time of intake into the facility, an inquiry shall be 900.20 Initiating Temporary Custody made of the person being booked as to whether or not he/she The officer responsible for an individual in has or has had any communicable diseases, such as temporary custody should evaluate the person tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ for any apparent chronic illness, disability, any other communicable diseases, or other special medical vermin infestation, possible communicable problem identified by the health authority. The response disease or any other potential risk to the health shall be noted on the booking form and/or screening device. or safety of the individual or others. 1052 MENTALLY DISORDERED INMATES 900.4.1 Individuals Who Shall Not Be in Temporary Custody The facility administrator, in cooperation with the Any individual who is obviously ☒ ☐ ☐ responsible physician, shall develop written policies and developmentally disabled are transported to an procedures to identify and evaluate all mentally disordered appropriate medical/mental health facility or inmates, and may include telehealth. county jail. If an evaluation from medical or mental health staff is not This is a Temporary Holding Facility, and no readily available, an inmate shall be considered mentally one is held in this Facility for 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 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 900.20.1 Screening and Placement of the inmate or others. ☒ ☐ ☐ Administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. 1053 ADMINISTRATIVE SEGREGATION 900.20.1 Screening and Placement Segregation should be considered for inmates Except in Type IV facilities, each facility administrator shall who are determined to be prone to: develop written policies and procedures which provide for promote activity or behavior that is criminal in the administrative segregation of inmates who are nature or disruptive to facility operations; determined to be prone to: promote activity or behavior that demonstrate influence over other inmates, is criminal in nature or disruptive to facility operations; including influence to promote or direct action demonstrate influence over other inmates, including or behavior that is criminal in nature or influence to promote or direct action or behavior that is ☒ ☐ ☐ disruptive to the safety and security of other criminal in nature or disruptive to the safety and security of inmates or facility staff, as well as to the safe other inmates or facility staff, as well as to the safe operation operation of the facility; escape; assault, of the facility; escape; assault, attempted assault, or attempted assault, or participation in a participation in a conspiracy to assault or harm other inmates conspiracy to assault or harm other inmates or or facility staff; or likely to need protection from other facility staff; or likely to need protection from inmates, if such administrative segregation is determined to other inmates, if such administrative be necessary in order to obtain the objective of protecting segregation is determined to be necessary in the welfare of inmates and staff. order to obtain the objective of protecting the welfare of inmates and staff. 0300 Alameda Union City THJ 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 This facility does not contain a Safety Cell 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 This facility does not contain a Safety Cell responsible physician, shall develop written policies and described in Title 24, Part 2, Section 1231.2.5. ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be This facility does not contain a Safety Cell 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 This facility does not contain a Sobering Cell 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. 0300 Alameda Union City THJ 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 This facility does not contain a Sobering Cell sobering cell shall be conducted no less than every half hour. described in Title 24, Part 2, Section 1231.2.4. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED 900.4.1 Individuals Who Shall Not Be in INMATES Temporary Custody Any individual who is obviously The facility administrator, in cooperation with the developmentally disabled ☒ ☐ ☐ responsible physician, shall develop written policies and 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 does center on any inmate suspected or confirmed to be not hold persons 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 900.23 Use of Restraint Devices The use of restraints, other than handcuffs or leg The facility administrator, in cooperation with the irons, shall not be used for individuals in responsible physician, shall develop written policies and ☒ ☐ ☐ temporary custody at the Union City Police procedures for the use of restraint devices and may delegate 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 302 Handcuffing and Restraints 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; AED and CPR emergency equipment is ☒ ☐ ☐ available. protective housing of restrained persons; In the event a prisoner must be placed in restraints, he or she shall be kept away from ☒ ☐ ☐ other unrestrained individuals in custody and monitored to protect them from abuse. provision for hydration and sanitation needs; and ☒ ☐ ☐ exercising of extremities. ☒ ☐ ☐ In no case shall restraints be used for punishment or as a ☒ ☐ ☐ substitute for treatment. Restraint devices shall only be used on inmates who display In practice, arrestees who are restrained are not behavior which results in the destruction of property or kept in the temporary holding facility and are reveal an intent to cause physical harm to self or others. transported to county jail or medical facility, Restraint devices include any devices which immobilize an immediately. inmate's extremities and/or prevent the inmate from being ☒ ☐ ☐ ambulatory. BSCC Staff requested to review all incidents of restraints used in the temporary holding facility Physical restraints should be utilized only when it appears over the last year. There were no incidents less restrictive alternatives would be ineffective in during the last year. controlling the disordered behavior. 0300 Alameda Union City THJ PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Inmates shall be placed in restraints only with the approval Restrained individuals shall be removed from of the facility manager, the facility watch commander, ☒ ☐ ☐ the THF as soon as practical. responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ Restrained individuals shall be removed from secured within one hour from the time of placement. the THF as soon as practical. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with 900.4.1 Individuals Who Shall Not Be in responsible health care staff determines that an inmate Temporary Custody cannot be safely removed from restraints after eight hours, In the event a prisoner, who is already housed the inmate shall be taken to a medical facility for further ☐ ☐ ☒ in the THF, must be restrained (i.e., the WRAP evaluation. is used) that prisoner must be immediately removed from the THF and transported to the appropriate jail or medical facility. 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 Restrained individuals shall be removed from or in a specified housing area for restrained inmates which ☐ ☐ ☒ the THF as soon as practical. 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 306.3.2 Restraint of Pregnant Persons Persons who are known to be pregnant should The facility administrator, in cooperation with the be restrained in the least restrictive manner that responsible physician, shall develop written policies and ☒ ☐ ☐ is effective for officer safety. 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 900.23.1 Pregnant Adults delivery shall not be restrained by the use of leg irons, An inmate known to be pregnant or in waist chains, or handcuffs behind the body. ☒ ☐ ☐ recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in 900.23.1 Pregnant Adults recovery after delivery, shall not be restrained by the A pregnant inmate in labor, during delivery, or wrists, ankles, or both, unless deemed necessary for the in recovery after delivery, shall not be ☒ ☐ ☐ safety and security of the inmate, the staff, or the public. restrained by the 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 900.23.1 Pregnant Adults who is currently responsible for the medical care of a Restraints shall be removed when a pregnant inmate during a medical emergency, labor, professional who is currently responsible for delivery, or recovery after delivery determines that the ☒ ☐ ☐ the medical care of a pregnant inmate during a removal of restraints is medically necessary. 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 900.23.1 Pregnant Adults shall be advised, orally or in writing, of the standards Upon confirmation of an inmate's pregnancy, and policies governing pregnant inmates. ☒ ☐ ☐ she shall be advised, orally or in writing, of the standards and policies governing pregnant inmates. 0300 Alameda Union City THJ PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE 900.21.3 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. to an attorney, bail bondsman, and a relative or other person (Penal Code § 851.5). 1068 ACCESS TO COURTS AND COUNSEL 900.21.3 Telephone Calls 900.21.8 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 This is a Temporary Holding Facility; inmates ☐ ☐ ☒ regulations, and, are not held over 24 hours. (b) confidential consultation with attorneys. Calls between an individual in temporary custody and his/her attorney shall be deemed confidential ☒ ☐ ☐ and shall not be monitored, eavesdropped upon or recorded. 1080 RULES AND DISCIPLINARY PENALTIES Discipline will not be administered to any individual in custody at this facility. Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE 900.21.9 Discipline Discipline will not be administered to any If discipline is NOT administered, written policy should individual in custody at this facility. Any indicate as such. If discipline is administered, Sections individual in custody who repeatedly fails to 1080, 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. 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. ☐ ☐ ☒ 0300 Alameda Union City THJ PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 Discipline will not be administered to any provided no sooner than 24 hours after the report has individual in custody at this facility. 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 Discipline will not be administered to any own behalf at the time of hearing and present witnesses individual in custody at this facility. 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 factfinders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator Discipline will not be administered to any from administratively segregating any inmate from the individual in custody at this facility. 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. 0300 Alameda Union City THJ PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE Discipline will not be administered to any individual in custody at this facility. The degree of punitive actions taken by the disciplinary 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. 1083 LIMITATIONS ON DISCIPLINARY Discipline will not be administered to any ACTIONS individual in custody at this facility. 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 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. 0300 Alameda Union City THJ PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be Discipline will not be administered to any ☐ ☐ ☒ suspended as a disciplinary measure. individual in custody at this facility. 1084 DISCIPLINARY RECORDS Discipline will not be administered to any individual in custody at this facility. Penal Code Section 4019.5 requires that a record is kept of 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. 0300 Alameda Union City THJ 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 1047 SERIOUS ILLNESS OR INJURY OF A 324.3 Juveniles Who Should Not Be Held MINOR IN AN ADULT DETENTION (b) Seriously Injured FACILITY 324.12 Suicide Attempt. Death, or Serious Injury The facility administrator shall develop policy and procedures ☒ ☐ ☐ of a Juvenile for notification of the court of jurisdiction and the parent, (b) Notification of the parent, guardian, or person guardian, or person standing in loco parentis, in the event of a standing in loco parentis suicide attempt, serious illness, injury or death of a minor in (f) Notification of the juvenile court custody. 1142 WRITTEN POLICIES AND PROCEDURES 324 Temporary Custody of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (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 ☒ ☐ ☐ (o) No discipline may be administered to any juvenile 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; ☒ ☐ ☐ (e) Reasonable access to toilets and wash basins (2) one snack upon request during term of temporary (f) Food shall be provided if a juvenile has not custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ eaten within the past four hours or is otherwise hours or is otherwise in need of nourishment; in need of nourishment. (3) access to drinking water; and, ☒ ☐ ☐ (g) Reasonable access to drinking fountain (4) privacy during consultation with family, guardian, (i) Juveniles shall have privacy during family, ☒ ☐ ☐ and/or lawyer. guardian, and/or lawyer visits. (5) blankets and clothing, as necessary, to assure the (k) Blankets shall be provided as reasonably ☒ ☐ ☐ comfort of the minor; and, necessary (6) his or her personal clothing unless the clothing is (j) Juveniles shall be permitted to remain in their inadequate, presents a health or safety problem, or is ☒ ☐ ☐ personal clothing unless the clothing is taken as required to be utilized as evidence of an offense. evidence or is otherwise unsuitable. 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 custody ☒ ☐ ☐ The facility administrator shall establish policies and at the Department. procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. 0300 Alameda Union City THJ 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 In situations where brief or accidental contact may occur, 324.7 No-Contact Requirements such as booking or facility movement, facility staff (trained In situations where brief or accidental contact in the supervision of inmates) shall maintain a constant, side- may occur (e.g., during the brief time a by-side presence with the minor or the adult to prevent juvenile is being fingerprinted and/or sustained contact. photographed in booking), a member of ☒ ☐ ☐ the Union City Police Department (trained in the supervision of persons in custody) shall maintain a constant, immediate, side-by-side presence with the juvenile or the adult to minimize any contact. 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 Secure custody officer on the basis that he or she is a person described by should only be used for juvenile offenders when Section 602 of the Welfare and Institutions Code may be held there is a reasonable belief that the juvenile is a in secure custody in a law enforcement facility that contains a serious risk of harm to him/herself or others. 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 324.11 Secure Custody serious security risk of harm to self or others, the officer may ☒ ☐ ☐ (a) Age, maturity, and delinquent history 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 (b) Severity of offense for which the juvenile ☒ ☐ ☐ taken into custody; was taken into custody (c) minor's behavior, including the degree to which the (c) The juvenile offender’s behavior ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate (d) Availability of staff to provide adequate ☒ ☐ ☐ supervision or protection of the minor; and, supervision or protection of the juvenile offender (e) the age, type, and number of other individuals who (e) Age, type, and number of other individuals in ☒ ☐ ☐ are detained in the facility. custody at the facility 1146 CONDITIONS OF SECURE CUSTODY 324.11 Secure Custody When practicable and when no locked While in secure custody, minors may be locked in a room or enclosure is available, handcuffing one hand of other secure enclosure, secured to a cuffing rail, or otherwise ☒ ☐ ☐ a juvenile offender to a fixed object while reasonably restrained as necessary to prevent escape and otherwise maintaining the juvenile in non- protect the minor and others from harm. secure custody should be considered as the method of secure custody. 0300 Alameda Union City THJ 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 1147 SUPERVISION OF MINORS IN SECURE 324.11 Secure Custody CUSTODY INSIDE A LOCKED An employee must be present at all times to ENCLOSURE ensure the juvenile’s safety while secured to a ☒ ☐ ☐ stationary object. (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 324.11.1 Locked Enclosures minor by staff of the law enforcement facility, at Unscheduled safety checks to provide for the ☒ ☐ ☐ least once every 30 minutes, which shall be health and welfare of the juvenile by a staff documented. member, no less than once every 15 minutes (b) Males and females shall not be placed in the same 324.11.1 Locked Enclosures locked room unless under constant direct visual ☒ ☐ ☐ (e) Males and females shall not be placed in the observation by staff of the law enforcement facility. same locked room. 1148 SUPERVISION OF MINORS IN SECURE 324.11 Secure Custody CUSTODY OUTSIDE OF A LOCKED Juveniles shall not be secured to a stationary ENCLOSURE object for more than 60 minutes. ☒ ☐ ☐ 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 direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 324.11 Secure Custody minutes, and every 30 minutes thereafter, shall be Supervisor approval is required to secure a ☒ ☐ ☐ approved by a supervisor. juvenile to a stationary object for longer than 60 minutes and every 30 minutes, thereafter. The decision for securing a minor to a stationary object for 324.11 Secure Custody longer than 60 minutes, and every 30 minutes thereafter shall The decision for securing a minor to a stationary be based upon the best interests of the minor and shall be ☒ ☐ ☐ object for longer than 60 minutes and every 30 documented. minutes thereafter shall be based upon the best interests of the juvenile offender. 1149 CRITERIA FOR NON-SECURE No juvenile should be held in temporary CUSTODY custody at the Union City Police Department without authorization of the arresting officer's Minors held in temporary custody, who do not meet the supervisor or the Watch Commander. criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ Juveniles taken into custody shall be held in of the Welfare and Institutions Code, may be held in non- non-secure custody unless otherwise secure custody to investigate the case, facilitate release of authorized by this policy. the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 0300 Alameda Union City THJ 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 1150 SUPERVISION OF MINORS IN NON- Personal supervision, through direct visual SECURE CUSTODY monitoring and audio two-way communication is maintained. Monitoring through electronic devices, such as video, does not replace direct Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ visual observation. 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 Juveniles Who Should Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR Significantly intoxicated, except when NON-SECURE CUSTODY approved by the Watch Commander. Medical clearance shall be obtained for minors who are Facility administrators shall develop policies and procedures ☒ ☐ ☐ under the influence of drugs, alcohol, or any providing that a medical clearance shall be obtained for other intoxicating substance to the extent that minors who are under the influence of drugs, alcohol or any they are unable to care for themselves other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room Supervision of minors in secure custody in a who display outward signs of being under the influence of locked room who display outward signs of drugs, alcohol or any other intoxicating substance shall being under the influence of drugs, alcohol or include safety checks at least once every 15 minutes until any other intoxicating substance shall include resolution of the intoxicated state or release. These safety ☒ ☐ ☐ safety checks at least once every 15 minutes checks shall be documented, with actual time of occurrence until resolution of the intoxicated state or recorded. 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. 0300 Alameda Union City THJ 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 ☒ ☐ ☐ Number of violations:0 guardian, or arranging transfer to an appropriate juvenile facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ Number of violations:0 enforcement facility for longer than six hours. 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ Number of violations:0 length of time the secure detention is expected to last, and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND If there is an adult in custody, the minor will ADULTS not be held in the cells. Contact between the minor and adults confined in the ☒ ☐ ☐ facility is restricted in accordance with WIC Section Number of violations: 0 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS Agency is using an agency specific form to record secure/non secure detention. 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: law enforcement facility for longer than six hours. 0300 Alameda Union City THJ 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: 0300 FACILITY NAME: Union City Police Department FACILITY TYPE: THJ 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 Facility logs indicate inmates are held less than 0600 (Later, less restrictive 1994 standards only require a ✓ three hours. Per departmental policy, inmates bunk if inmates are held longer than 12 hours) ✓ma y be held up to six hours. Weapons Locker (3.12) Lockers located in the sally port and outside the corridor entrance inside the building. ✓ External to the security area and equipped with individual ✓ compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) The facility does not have a sobering cell. Per ✓ policy, intoxicated inmates are transported directly ✓to another facility. The balance of the regulation is removed from this checklist. Safety Cells (WA) (2.5) The facility does not have a safety cell. Per policy, inmates requiring such placement are ✓ transported directly other facilities or a ✓ community hospital. The balance of the regulation is removed from this checklist. Shower-Delousing Room (3.4) Available in the booking area. Available ✓ ✓ 0300 Alameda Union City PD TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Secure Vault or Storage Space (2.1) Available for inmate valuables ✓ ✓ Telephone (2.1) ✓ Available for inmate use per Penal Code § 851.5 ✓ Audio Monitoring (2.22) All cells are audio monitored. ✓ 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 ✓ 0300 Alameda Union City PD 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: 0300 FACILITY: Union City Police Department TYPE: THJ 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 1 (3) (3) 7.8’ X 11’ X 8.4’ 1 1 1 Booking Holding 1980 1 (3) (3) 8’ X 11’ X 8.4’ 1 1 1 Booking Holding 1980 1 (3) (3) 8’ X 11.8’ X 8.4’ 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. 0300 Alameda Union City THJ LASE 20-22 - 1 - A360 LAS Adult.dot (03/01)