Butte County, Chico City Jail (2016-2018 inspection cycle)

August 18, 2018 Michael O’Brien, Chief of Police City of Chico Police Department 1460 Humboldt Rd. Chico, CA 95928 2016-2018 BIENNIAL INSPECTION PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief O’Brien: On June 28, 2018, staff of the California Board of State and Community Corrections (BSCC) conducted the 2016 - 2018 biennial inspection of the Chico City Jail pursuant to Penal Code Section 6031 and Welfare and Institutions Code (WIC) Section 209. The jail was inspected for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requirements for holding minors. The inspection consisted of a review of applicable policies and procedures governing the operation of the facility, staff interviews, a review of documentation to verify that your practices follow your written procedures, and a walk- through of the physical plant. The complete BSCC inspection report is enclosed and consists of: • This transmittal letter; • The Procedures Checklist outlining applicable Title 15 sections; • The Physical Plant Evaluation outlining Title 24 requirements for design; and, • The Living Area Space Evaluation that summarizes the detention facility’s physical plant configuration. We encourage continuing the practice of maintaining a permanent file for historical copies of all inspections. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to a 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 these reports for a comprehensive perspective of your facility. FIRE INSPECTION: By regulation, a fire inspection is required every two years. The most recent fire inspection occurred 10/14/16 and is current. HEALTH INSPECTIONS: Health Department inspections for the facility occurred as follows: 0370 Chico THJ Ltr: 8/17/2018 Michael O’Brien, Chief of Police Page 2 Medical /Mental Environmental Health Nutritional Health Chico City Jail 12/1/16 12/1/16 N/A All health inspections are overdue. Please forward current results as they become available. BSCC INSPECTION PHYSICAL PLANT: The Chico Police Department holding facility was opened in 1984 and is evaluated under the 1980 Title 24 standards.1 The facility consists of six holding cells and a sobering cell for a seating capacity of 27 inmates. Based on the applicable standards, there were no issues of non-compliance noted. We noted that the intercom system is faulty, but the officer’s workstation is near all cells and can clearly hear any sounds of distress. Minors in secure detention are held in a holding cell, separated from any adult arrestees. Minors in non-secure detention are held in the report writing room. POLICY REVIEW: BSCC reviewed the relevant sections of agency policy against regulation to ensure that each subject required by regulation was addressed in policy. The published policy is reviewed annually and reprinted when needed. The most recent policy revision occurred in February 2018. BSCC made suggestions regarding policy clarifications. Those suggestions are listed on the attached Procedures checklist. Regarding policy, no issues of non-compliance were noted. PROCEDURES REVIEW: BSCC continued its inspection by evaluating procedures at the facility and reconciling them against regulation. Those evaluations typically include an in-depth review of documentation related to jail operations including security logs, shift schedules, local inspection results, classification documents, incident reports and other records which give insight to the facility’s operations. BSCC sought out evidence to ensure that practices matched regulations. No arrestees were present and no arrestee interviews were conducted. Arrestees are supervised by the Community Service Officers (CSO) or the arresting officers while in the facility. Staff that supervise arrestees are required to attend eight hours of initial and biennial refresher training to safety evaluate and oversee arrestees in the jail environment. The agency provided documentation that all applicable staff members completed the required training. The most recent refresher class occurred on 1/30/18. 1 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel. 0370 Chico THJ Ltr: 4/11/2018 Michael O’Brien, Chief of Police Page 3 BSCC reviewed a variety of records to determine the adequacy of staffing and insure that procedures were adequate to meet the minimum standards. Intake records indicated that officers and CSO’s were uniformly assessing each inmate’s overall health and risk factors. Special needs inmates are those who require enhanced surveillance and care and include inebriated, self-destructive or violent inmates. The facility has one sobering cell but does not hold inebriated arrestees, preferring to transfer them to the county jail or other protected environment. Violent inmates requiring restraint or those in need to the safety cell are also transferred to the county jail without delay. Concerning the jail’s procedures, no areas of non-compliance were noted. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT COMPLIANCE MONITORING: In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). All logs were reviewed and found complete and comprehensive. CORRECTIVE ACTION: No areas of non-compliance were noted, and no corrective action required. ____________________ This concludes our inspection report for the 2016-2018 inspection cycle. We would like to thank you and your staff for the hospitality and courtesy extended during this inspection. If you have any questions, or concerns, please contact our office at any time. Sincerely, Steve Keithley, Field Representative Facility Standards and Operations Division Phone: (916) 323-2613 E-mail: Steve.Keithley@bscc.ca.gov Enclosures cc: Chair, City Council, Town of Chico* City Manager, Town of Chico* Presiding Judge, Superior Court, County of Butte* Grand Jury Foreperson, Superior Court, County of Butte* Commander Greg Keeney 0370 Chico THJ Ltr: 4/11/2018 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0370 FACILITY NAME: Chico Police Department FACILITY TYPE: THJ  PERSON(S) INTERVIEWED: Commander Greg Keeney FIELD REPRESENTATIVE: Steve Keithley DATE: 6/28/18 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.14 Training HOLDING FACILITY TRAINING Arrestees are supervised by Police Service All personnel who are responsible for supervising inmates, Officers. All relevant staff were trained on and supervisors with custodial responsibilities, complete the  1/30/18 by a private vendor. Documentation X eight hours of specialized training outlined in this regulation was provided. within six (6) months of assignment. Successful completion . of training, pursuant to Section 1020 of these regulations, may be substituted for the initial eight hours of training. Eight hours of refresher training is completed every two 900.14 Training years. Successful completion of training, pursuant to Section 1025 of these regulations, may be substituted for the eight X hour refresher. 1027 NUMBER OF PERSONNEL 900.3.3 Staffing Plan There are sufficient personnel on duty at all times (whenever X there is an inmate in custody) to ensure the implementation and operation of all programs and activities required by these regulations. There is a written plan that includes the documentation of 900.3.3 Staffing Plan hourly safety checks. X A review of custody logs showed that safety checks were consistently timely. There is at least one employee on duty at all times, who shall 900.3.2 Supervision in Temporary Custody be immediately available and accessible with the ability to Compliance with this regulation is predicated respond to any inmate in the event of an emergency. on the agency’s ability to complete all required X tasks in a timely manner. BSCC reviewed a variety of records and found no indication that staffing was insufficient. Whenever one or more female inmates are in custody, there 900.3.2 Supervision in Temporary Custody is at least one female employee immediately available and In the absence of female officers or CSO’s, X accessible. female bookings are denied and arrestees are Note: Reference PC § 4021. taken to the county jail. A staffing plan is available which indicates personnel 900.3.3 Staffing Plan assigned and their duties. X Staffing schedule was posted. 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. 0370 Chico THJ PRO 16-18 16-18;6/28/18 - 1 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1028 1028 FIRE AND LIFE SAFETY STAFF 900.3.3 Staffing Plan Training includes facility-specific fire and life Whenever there is an inmate in custody, there is at least one X safety topics. person on duty at all times who meets the BSCC training standards for general fire and life safety. There is at least one person on duty who trained in fire and 900.3.3 Staffing Plan life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 2 Policy was last published on 6/18/18 There is a published manual of policies and procedures for the facility that addresses applicable regulations and includes: Table of organization, including channels of 900.1 Purpose and Scope X communications; Inspections and operations reviews by the facility 900.13 Assigned Administrator X administrator/manager; Use of force; 300 Use of Force X Per department policy. Use of restraint equipment, including the restraint of 306 Leg Restraint Device pregnant inmates; X Although policy exists, restraints are not used Note: Reference PC § 6030(f); in the holding facility. Screening newly received inmates for release 900.4.1 Screening and Placement X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: 900.5.1 Temporary Custody Logs X Physical counts of inmates; Searches of the facility; 900.8 Holding Cells X 902 Custody Searches Searches of inmates; 900.7 Personal Property X 902 Custody Searches Contraband control; and, 900.8 Holding Cells X Cell checks upon placement and release/transport. Key control. 900.13 Assigned Administrator NOTE: This policy, 900.13, requires the Deputy Chief to ensure that several policies are in place. Rather than creating the actual X policies emergencies, the agency has left this administrative policy in their place. BSCC recommends that the agency craft individual policies for the emergency circumstances covered in Policy 900.13. At least annually, the facility administrator reviews, 900.13 Assigned Administrator evaluates and documents internal and external security X measures. Emergency procedures, including: 900.13 Assigned Administrator Escape; X 900.13 Assigned Administrator Disturbances; X 900.13 Assigned Administrator Taking of hostages; X 900.13 Assigned Administrator Civil disturbance; X 900.13 Assigned Administrator Natural disasters; X 900.6.5 Citywide or Regional Disasters Periodic testing of emergency equipment; X 900.13 Assigned Administrator 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0370 Chico THJ PRO 16-18 16-18;6/28/18 - 2 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Storage, issue and use of weapons, ammunition, 900.5.7 Firearms and Other Security Measures X chemical agents; and, Storage, issue and use of security devices. X 900.5.7 Firearms and Other Security Measures Suicide prevention; and, X 900.4 Initiating Temporary Custody Segregation of inmates. X 900.4.1 Screening and Placement The manual is available to all employees. X 900.13 Assigned Administrator The manual is comprehensively reviewed and updated at 900.13 Assigned Administrator least every two years. X 1032 FIRE SUPPRESSION PREPLANNING There is a fire suppression pre-plan that has been developed in consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff 900.5 Fire Safety X with a two-year retention of the inspection record; Verified by inspection. Fire prevention inspections at least once every two years; 900.13 Assigned Administrator Note: Reference Health and Safety Code Section X Most recent inspection: 10/14/16 13146.1(a) and (b); An evacuation plan; and, 900.13 Assigned Administrator X Evacuation route is posted. A plan for the emergency housing of inmates in the event Prisoner would be released or transported to the of a fire. X county jail. 1044 INCIDENT REPORTS 900.5.8 Reporting Physical Harm or Serious Threat of Physical Harm There are written policies and procedures for the maintenance of written records and reporting of all incidents X that result in physical harm, or serious threat of physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and submitted 900.5.8 Reporting Physical Harm or Serious to the facility manager or his/her designee. X Threat of Physical Harm 1046 DEATH IN CUSTODY 900.11.1 Death Investigation of an Arrestee X Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or 900.11.2 Administrative Review of In-Custody manager; the health administrator; the responsible physician; Death X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the Minors are not held in the facility. facility provides the Board of State and Community Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN 900.4.1 Screening and Placement A sampling of prisoner records documented X The facility has a written classification plan designed to completion of screening at intake. properly assign inmates to housing units and activities. 0370 Chico THJ PRO 16-18 16-18;6/28/18 - 3 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Includes receiving screening performed at intake by trained 900.4.1 Screening and Placement X personnel. Includes maintenance of a record of each inmate's 900.4.1 Screening and Placement classification level, housing restrictions and housing Arrestees are held alone whenever possible. X assignments. 1051 COMMUNICABLE DISEASES 900.3.1 Individuals Who Should Not Be In Temporary Custody; Communicable Disease There are written policies and procedures specifying those X symptoms that require segregation of an inmate until a medical evaluation can be completed. An inquiry is made to determine if the inmate has or has had any communicable diseases, or has observable symptoms of communicable diseases, including but not limited to X tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or screening Verified by inspection. device. X 1052 MENTALLY DISORDERED INMATES 900.3.1 Individuals Who Should Not Be In Temporary Custody; Mentally Disordered There are written policies and procedures for the X identification and evaluation of all mentally disordered inmates. An evaluation by health care staff occurs within 24 hours of Evaluation would occur at the housing facility. identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety of the inmate or others. X 1053 ADMINISTRATIVE SEGREGATION 900.3.1 Individuals Who Should Not Be In Temporary Custody; Extremely Violent There are written policies and procedures, which provide for administrative segregation of inmates who are determined to X Prisoners requiring this degree of control are be prone to: escape; assault staff or other inmates; disrupt transported to the county jail. operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting inmates X and staff. 1055 USE OF SAFETY CELL This facility has no safety cell. Remainder of X this checklist is deleted. 1056 USE OF SOBERING CELL 900.8.1 Use of Sobering Cell Agency has policy governing inebriates. In The sobering cell, specified in Title 24, Part 2, Section 1231 practice, such inmates are held only long X 2.4 is used only for holding inmates who are a threat to their enough to arrange transportation to another own safety or the safety of others due to their state of facility. intoxication and pursuant to written policies and procedures. Compliance is based on policy alone. Intermittent direct visual observation of inmates in sobering 900.8.1 Use of Sobering Cell cells conducted no less than every half hour and is X Enhanced safety checks are documented for the documented. brief time inebriates are held. 0370 Chico THJ PRO 16-18 16-18;6/28/18 - 4 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS An evaluation by a medical staff person or by custody staff, 900.8.1 Use of Sobering Cell pursuant to written medical procedures in accordance with The agency utilizes a standard form that allows X Section 1213 of these regulations, occurs whenever any officers to document behaviors/coordination inmate is retained in a sobering cell for more than six hours. upon entry. Such inmates are removed from the sobering cell when they 900.8.1 Use of Sobering Cell are able to continue with processing. X 1057 DEVELOPMENTALLY DISABLED 900.3.1 Individuals Who Should Not Be In INMATES Temporary Custody; Developmentally Disabled X There are written procedures for identification and evaluation of all developmentally disabled inmates. A contact to the regional center occurs within 24 hours when Contact would be made by the housing facility. an inmate is suspected or confirmed to be developmentally X disabled. 1058 USE OF RESTRAINT DEVICES 06 Leg Restraint Device Restraints within the meaning of this regulation X are not. The balance of the regulation is deleted. 1067 ACCESS TO TELEPHONE 900.5.5 Telephone Calls Prisoners are allowed access to a phone at the There are written policies and procedures that allow time of booking. X reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS 900.5.5 Telephone Calls There are written policies and procedures that ensure the X inmate's right to confidential consultation with attorneys. 1081 PLAN FOR INMATE DISCIPLINE (WA) 900.5.10 Discipline Discipline is prohibited at this facility. There are written policies and procedures for inmate discipline. (This may be waived by written policy stating X that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 0370 Chico THJ PRO 16-18 16-18;6/28/18 - 5 - A352 TH PRO eff. 9/2012.dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS Applicable Title 24 Regulations: 1/78 BSCC Code: 0370 FACILITY NAME: Chico Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: X (1984) 1980 FIELD REPRESENTATIVE: Steve Keithley DATE: 6/28/18 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) One Sobering Cell - Inebriates held only long 01: name change to “Sobering Cell” X enough to transfer to another facility. Limited to no more than 8 inmates Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) X Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet X Limited to no more than one inmate X Contain flush ring toilet (flush with floor) with controls X located outside the cell Padded floor, door and walls X Equipped with variable intensity, security light, with X controls located outside the cell Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell door (Facility planned or constructed prior to 8-86) Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which must be in X the door (Facility planned or constructed after 8-86; See regulations for later changes)) 0370 Chico City Jail PHY 16-18; 6/28/18 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at least 30 X inches above the floor Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) Cells 7, 8& 9 constructed after 1986. Intercoms inoperable. X For facilities planned or constructed after 8-86 All cells within close proximity to officer’s station, always occupied when arrestee is present. Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 0370 Chico City Jail PHY 16-18; 6/28/18 - 2 - A370 PHY CH-TH 1-78.dot (03/01) BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code:0370 FACILITY: Chico Police Facility TYPE: THJ RC:(0) FIELD REPRESENTATIVE: Steve Keithley DATE:6/28/18 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 #1 Holding 1980 1 4 (4) 7.3 6.6 1 1 NOTES: 6'6" BENCH, Adjacent to Booking Office, Named the “Booking Cell” #3 Sobering 1980 1 (3) 9.5 7.4 1 1 NOTES: 76" BENCH #4 Holding 1980 1 1 4 (4) 9.5 7.4 1 1 NOTES: 76" BENCH #5 Holding 1980 1 1 4 (4) 9.5 7.3 1 1 NOTES: #7 Holding 1988 1 1 4 (4) 9.3 7.2 1 1 1 NOTES: 76" BUNK IRREGULAR. CELL IS A HANDICAP ACCESSIBLE #8 Holding 1988 1 1 4 (4) 9.6 7.4 1 1 1 NOTES: 76" BUNK #9 Holding 1988 1 1 4 (4) 11.5 7.4 1 1 1 NOTES: 76" BUNK ROOMS NUMBERS 2 & 6 ARE INTERVIEW ROOMS. *T = Toilets; U = Urinals; W = WashBasins; 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. 0370 Chico City Jail LAS 16-18; 6/28/18 - 1 - A360 LAS Adult.dot (03/01)