Butte County, Chico Police Department (2020-2022 inspection cycle)

March 9, 2021 Matthew Madden, Chief Chico Police Department 1460 Humboldt Road Chico, CA 95928 2020-2022 BIENNIAL INSPECTION OF CHICO POLICE DEPARTMENT, CHICO POLICE TEMPORARY HOLDING FACILITY JAIL, PENAL CODE 6031 Dear Chief Madden, On January 21, 2021, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2220 biennial inspection of the Chico 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 pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation outlining Title 24 requirements for design; and, a Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your office under a separate cover. Inspection Date Fire and Life Safety January 12, 2021 Medical and Mental Health February 23, 2021 Environmental Health February 23, 2021 370 Butte Chico THJ LTR 20-22 Chief Madden Chico Police Department Page 2 BSCC INSPECTION The inspection consisted of a review of the Chico Police Department Policy Manual that apply to Temporary Holding Operations of Adults, a site visit to review operations, physical plant and relevant documentation, and interviews with administration and facility staff. There were no inmates in custody at the time of the inspection, no interviews were conducted with inmates. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA; in 2020, no minors were held beyond the 6-hour limit for secure detention. Technical Assistance At the conclusion of the inspection, BSCC staff offered an out brief of findings to facility management. This included an immediate review of the inspection and any noncompliance issues. It also included potential courses of action to ensure ongoing compliance in changes of operations. Finally, the out brief provided managers with technical assistance in identifying hazards that may exist in the facility and how to mitigate the potential issues that may arise. Corrective Action Plan No areas of non-compliance were noted, and no corrective action required. This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Chico Police Department Temporary Holding Facility. We would like to express our gratitude to Sergeant Nick Bauer and CSO January Slattery who assisted during the inspection. We look 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. 370 Butte Chico THJ LTR 20-22 Chief Madden Chico Police Department Page 3 forward to working with you in the future to provide technical assistance. If you should have any questions, please contact me at (916) 323-2613 or email at dale.miller@bscc.ca.gov. Sincerely, Digitally signed by Dale A. Miller Dale A. Miller Date: 2021.03.09 09:43:37 -08'00' Dale Miller Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Chico* City Manager, City of Chico* Presiding Judge, Superior Court, County of Butte* Jeramie Struthers, Commander, Chico Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 370 Butte Chico THJ LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0370 FACILITY NAME: Chico Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Lieutenant Jeramie Struthers, Sergeant Nick Bauer, and Community Services Officer January Slattery FIELD REPRESENTATIVE: Dale Miller DATE: January 21, 2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Chico Police Department Manual (CPDM) HOLDING FACILITY TRAINING CPDM 900.14 Training Department members responsible for Custodial personnel who supervise inmates in, and supervising adults in temporary custody shall supervisors of, a Court Holding or Temporary Holding complete the Corrections Officer Core Course facility shall complete 8 hours of specialized training. Such or eight hours of specialized training within six training shall include, but not be limited to: months of assignment. Such training shall (a) applicable minimum jail standards; include but not be limited to the following (15 CCR 1024): (b) jail operations liability; ☒ ☐ ☐ (a) Applicable minimum jail standards (c) inmate segregation; (b) Jail operations liability (d) emergency procedures and planning, fire and life safety; and, (c) Inmate segregation (e) suicide prevention. (d) Emergency procedures and planning, fire safety, and life safety. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, (e) 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 BSCC staff confirmed staff has been trained any event not more than six months after the date of assigned and new employees are scheduled for training responsibility, or the effective date of this regulation. in February and March 2021. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once CPDM 900.14 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 CPDM 900.3.3 Staffing Plan A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 0370 Butte Chico 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 CPDM 900.3.3 Staffing Plan least one employee on duty at all times in a local detention In practice, the temporary holding facility is facility or in the building which houses a local detention ☒ ☐ ☐ staffed by Community Services Officers (CSO). facility who shall be immediately available and accessible to CSOs are on duty each shift, and half are inmates in the event of an emergency. female. Such an employee shall not have any other duties which CPDM 900.3.2 Supervision in Temporary would conflict with the supervision and care of inmates in Custody the event of an emergency. ☒ ☐ ☐ The member responsible for supervising will not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more female inmates are in custody, there CPDM 900.3.2 Supervision in Temporary shall be at least one female employee who shall be Custody immediately available and accessible to such females. At least one female department member should Note: Reference PC§ 4021. be present when a female adult is in temporary ☒ ☐ ☐ custody. In the event that none is readily available, the female in custody should be transported to another facility or released pursuant to another lawful process To determine if there is a sufficient number of personnel for BSCC staff reviewed the police personnel plan a specific facility, the facility administrator shall prepare and submitted to City of Chico City Council for retain a staffing plan indicating the personnel assigned in the budget year 2020-2021. facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS CPDM 900.8 Holding Cells (e) Safety checks by department members shall Safety checks shall be conducted at least hourly through occur no less than every 30 minutes. ☒ ☐ ☐ direct visual observation of all inmates. There shall be no BSCC staff reviewed random daily logs from more than a 60-minute lapse between safety checks. the last year. All reviewed checks were conducted in accordance with policy. There is a written plan that includes the documentation of CPDM 900.8 Holding Cells ☒ ☐ ☐ routine safety checks. (e) 2. All safety checks shall be logged. 1028 FIRE AND LIFE SAFETY STAFF CPDM 900.3.3 Staffing Plan One member who meets the training standards Whenever there is an inmate in custody, there shall be at established by the BSCC for general fire- and ☒ ☐ ☐ least one person on duty at all times who meets the training life-safety and is trained in fire- and life-safety standards established by the BSCC for general fire and life procedures relating specifically to the facility is safety. (Penal Code section 6030[e]) on-duty at all times. The facility manager shall ensure that there is at least one CPDM 900.14 Training person on duty who trained in fire and life safety procedures ☒ ☐ ☐ All assigned personnel receive training that relate specifically to the facility. 0370 Butte Chico 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 Chico Police Department Manual (CPDM) Chapter 9 – Custody is used as the manual for Facility administrator(s) shall develop and publish a manual the temporary holding facility. of policy and procedures for the facility. The policy and Lasted reviewed and dated June 17, 2020. procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed Other applicable chapters were included in this and updated at least every two years. Such a manual shall be review. made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of CPDM 200 ☒ ☐ ☐ communications. Organizational Structure Responsibility (2) Inspections and operations reviews by the facility CPDM 900.13 ☒ ☐ ☐ administrator/manager. Assigned Administrator (3) Policy on the use of force. ☒ ☐ ☐ CPDM 300.3 Use of Force (4) Policy on the use of restraint equipment, including the CPDM 306.3 Use of Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ CPDM 306.3.2 Restraint of Pregnant Persons Section 3407. (5) Procedure and criteria for screening newly received CPDM 420 Cite and Release Policy inmates for release per Penal Code sections 849(b)(2) and CPDM 423 Disorderly Conduct (647(f)PC) ☒ ☐ ☐ 853.6, and any other such processes as the facility Arrests administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ CPDM 900.3.4 Entry Restrictions (A) physical counts of inmates, ☒ ☐ ☐ CPDM (B) searches of the facility and inmates, CPDM 900.8 Holding Cells ☒ ☐ ☐ CPDM 902 Custodial Searches (C) contraband control, and, ☒ ☐ ☐ CPDM 902.4 Searches at Police Facilities (D) key control. Issued individually to staff members and extra ☒ ☐ ☐ copy secured in the Watch Commander’s office. Each facility administrator shall, at least annually, review, CPDM 900.13 Assigned Administrator evaluate, and make a record of security measures. The review Annual review and evaluation of security and evaluation shall include internal and external security measures including internal and external measures of the facility including security measures specific ☒ ☐ ☐ security measures, sanitation, safety and to prevention of sexual abuse and sexual harassment. maintenance. BSCC reviewed the Administrator Annual Security Assessment dated February 9, 2021. (7) Emergency procedures include: CPDM 900.13 Assigned Administrator (A) fire suppression preplans as required by section ☒ ☐ ☐ (g) Fire- and life-safety, including a fire 1032 of these regulations; suppression pre-plan. (B) escape, disturbances, and the taking of hostages; CPDM 900.13 Assigned Administrator (e) Escapes ☒ ☐ ☐ (j) Civil and other disturbances including hostage situations (C) mass arrests; ☒ ☐ ☐ CPDM 467.8 Arrests 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0370 Butte Chico 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 (D) natural disasters; ☒ ☐ ☐ CPDM 206 Emergency Management Plan (E) periodic testing of emergency equipment; and, CPDM 900.13 Assigned Administrator ☒ ☐ ☐ (k) Periodic testing of emergency equipment (F) storage, issue, and use of weapons, ammunition, CPDM 900.5.7 Firearms and Other Security chemical agents, and related security devices. Measures ☒ ☐ ☐ Firearms and other weapons and control devices shall not be permitted in secure areas. (8) Suicide Prevention. ☒ ☐ ☐ CPDM 900.4 Initiating Temporary Custody (9) Segregation of Inmates. ☒ ☐ ☐ CPDM 900.4.1 Screening and Placement (10) Zero tolerance in the prevention of sexual abuse and CPDM 904 PREA ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond CPDM 1060.3 Retaliation Prohibited to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, No tolerance signs are posted in the temporary Type I, II, III, and IV facilities shall provide for, but not be holding facility. These signs include the limited to, the following: reporting procedures for sexual abuse and (1) multiple internal ways for inmates to privately report sexual harassment. 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, No tolerance signs are posted in the police community members, and other interested third parties department lobby. These signs include the to report sexual abuse or sexual harassment. The ☒ ☐ ☐ reporting procedures for sexual abuse and method for reporting shall be publicly posted at the sexual harassment. facility. 1030 SUICIDE PREVENTION PROGRAM CPDM 900.4 Initiating Temporary Custody If there is any suspicion that the individual may The facility shall have a comprehensive written suicide be suicidal, he/she shall be transported to the prevention program developed by the facility administrator, county jail or the appropriate mental health ☒ ☐ ☐ in conjunction with the health authority and mental health facility. 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 CPDM 900.14 Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon CPDM 900.4 Initiating Temporary Custody ☒ ☐ ☐ intake and prior to housing assignment. (c) Provisions facilitating communication among CPDM 900.12 Release and/or Transfer arresting/transporting officers, facility staff, medical and CPDM 900.12 (g)1. The department member mental health personnel in relation to suicide risk. ☒ ☐ ☐ transporting the individual shall ensure such risks are communicated to intake personnel at the other facility. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ CPDM 900.4.1 Screening and Placement (e) Supervision depending on level of suicide risk. CPDM 900.3.1 Individuals Who Should Not Be ☒ ☐ ☐ In Temporary Custody (f) Suicide attempt and suicide intervention policies and CPDM 466 Crisis Intervention Incidents ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. CPDM 900.9 Suicide Attempt, Death or Serious ☒ ☐ ☐ Injury 0370 Butte Chico 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 (h) Multi-disciplinary administrative review of suicides and CPDM 900.11.2 Administrative Review of In- attempted suicides as defined by the facility ☒ ☐ ☐ Custody Death administrator. 1032 FIRE SUPPRESSION PREPLANNING CPDM 900.10 Facility Sanitation, Safety and Maintenance Pursuant to Penal Code Section 6031.1(b), the facility CPDM 900.10.2 Safety Equipment administrator shall consult with the local fire department ☒ ☐ ☐ CPDM 900.10.2 (b) Fire extinguishers shall be having jurisdiction over the facility, with the State Fire used as necessary and a replacement shall be Marshal, or both, in developing a plan for fire suppression obtained immediately from the Chico Fire which shall include, but not be limited to: Department. (a) a fire suppression pre-plan developed with the local fire Evacuation plans are posted. department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a Checks are completed daily and recorded in the monthly basis with two-year retention of the inspection ☒ ☐ ☐ Jail Management system. BSCC staff reviewed record; two-years of inspection records. (c) fire prevention inspections as required by Health and Chico Fire Department inspected the facility on Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ January 12, 2021 inspections at least once every two years; (d) an evacuation plan; and, CPDM 900.10.2 (c) A fire escape plan shall ☒ ☐ ☐ remain posted at the entrances/exits and in the booking area of the holding facility. (e) a plan for the emergency housing of inmates in the case of Inmates will be released or transferred to Butte ☒ ☐ ☐ fire. County Sheriff’s Facility. 1044 INCIDENT REPORTS CPDM 900.5.8 Reporting Physical Harm or Serious Threat of Physical Harm Each facility administrator shall develop written policies and In addition to a custody log entry, any incident procedures for the maintenance of written records and ☒ ☐ ☐ that results in physical harm or serious threat of reporting of all incidents which result in physical harm, or physical harm to a member, person in custody serious threat of physical harm, to an employee or inmate of or any other person shall be documented. a detention facility or other person. Such records shall include the names of the persons CPDM 344 Report Preparation involved, a description of the incident, the actions taken, and BSCC staff requested to see any incident ☒ ☐ ☐ the date and time of the occurrence. reports from the last year. No incidents took place in the temporary holding facility. Such a written record shall be prepared by the staff assigned CPDM 900.5.8 to investigate the incident and submitted to the facility ☒ ☐ ☐ The Watch Commander will retain a record of manager or his/her designee. these reports for inspection purposes. 1046 DEATH IN CUSTODY CPDM 900.11 Death of a Prisoner CPDM 900.11.2 Administrative Review of In- (a) Death in Custody Reviews for Adults and Minors. Custody Death The facility administrator, in cooperation with the health Chief of Police shall designate a review team administrator, shall develop written policy and procedures within 30 days to conduct an administrative to ensure that there is an initial review of every in-custody ☒ ☐ ☐ investigation regarding the circumstances death within 30 days. The review team shall include the surrounding the death. The review team shall facility administrator and/or the facility manager, the health include the facility administrator and/or the administrator, the responsible physician and other health facility manager, the health administrator, the care and supervision staff who are relevant to the incident. responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of CPDM 900.11.2(a) The investigation will focus clinical care; whether changes to policies, procedures, or on the procedures and practices applicable to ☒ ☐ ☐ practices are warranted; and to identify issues that require the operation of the holding facility. further study. 0370 Butte Chico 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 (b) Death of a Minor CPDM 324.7.4 Death of a Juvenile While In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Detained lockup, or court holding facility: (1) The administrator of the facility shall provide to the CPDM 324.7.4 (a) Within ten (10) days of the Board a copy of the report submitted to the Attorney minor's death, the Attorney General's Office General under Government Code Section 12525. A copy shall be notified in writing. A "Death In- ☒ ☐ ☐ of the report shall be submitted within 10 calendar days Custody Reporting Form" will be submitted after the death. along with a written report of all facts in our possession concerning the death. (2) Upon receipt of a report of death of a minor from the CPDM 324.7.4(c) the Board may within 30 administrator, the Board may within 30 calendar days calendar days inspect and evaluate the juvenile inspect and evaluate the jail, lockup, or court holding facility, jail, lockup or court holding facility. ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN CPDM 900.4.1 Screening and Placement The officer responsible for an individual in (a) Each administrator of a temporary holding, Type I, II, or custody shall evaluate the following issues III facility shall develop and implement a written against the stated risks to determine the need for classification plan designed to properly assign inmates to placing the individual in a single cell: housing units and activities according to the categories of sex, Consider whether the individual may be at a age, criminal sophistication, seriousness of crime charged, high risk of being sexually abused. physical or mental health needs, assaultive/non-assaultive Ensure individuals are separated according to behavior, risk of being sexually abused, or sexually harassed severity of the crime. and other criteria which will provide for the safety of the Ensure males and females are separated. inmates and staff. Such housing unit assignment shall be ☒ ☐ ☐ Ensure restrained individuals are not placed in accomplished to the extent possible within the limits of the cells with unrestrained individuals. available number of distinct housing units or cells in a facility. Ensure that those confined under civil process or for civil causes are kept separate from those The written classification plan shall be based on objective who are in temporary custody pending criminal criteria and include receiving screening performed at the time charges. of intake by trained personnel, and a record of each inmate's Ensure separation, as appropriate, based on classification level, housing restrictions, and housing other factors, such as age, criminal assignments. sophistication, assaultive/non-assaultive (Subsection b does not apply and has been deleted.) behavior, mental state, disabilities and sexual orientation. (c) In deciding whether to assign an inmate to a housing area CPDM 900.4 Initiating Temporary Custody for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a Arrestees are questioned regarding their health case-by-case basis whether a placement would ensure the ☒ ☐ ☐ and safety, and whether they have concerns inmate's health and safety, and whether the placement would about being with other arrestees. present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES CPDM 1016 Communicable Diseases The facility administrator, in cooperation with the In practice, any arrestee identified with or responsible physician, shall develop written policies and ☒ ☐ ☐ showing signs communicable disease are not procedures specifying those symptoms that require held in the facility. The person is transferred to segregation of an inmate until a medical evaluation is a medical facility or county jail. completed. 0370 Butte Chico 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 At the time of intake into the facility, an inquiry shall be CPDM 900.4 Initiating Temporary Custody made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as Medical questions and are asked of arrestees at tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ the time of intake. This include communicable any other communicable diseases, or other special medical diseases, tuberculosis, and COVID-19. problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES CPDM 900.3.1 Individuals Who Should not be in Temporary Custody The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not CPDM 900.3.1 readily available, an inmate shall be considered mentally Individuals who exhibit certain behaviors or disordered for the purpose of this section if he or she appears conditions should not be in temporary custody to be a danger to himself/herself or others or if he/she at the Chico Police Department, but should be appears gravely disabled. ☒ ☐ ☐ transported to a jail facility, a medical facility, or another type of facility as appropriate. 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 CPDM 900.4.1 Screening and Placement ☒ ☐ ☐ of the inmate or others. 1053 ADMINISTRATIVE SEGREGATION CPDM 900.4.1 Screening and Placement Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and CPDM 900.3.1 Individuals Who Should not be secure housing but shall not involve any other deprivation of in Temporary Custody ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL The Chico Police temporary holding 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 responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. 0370 Butte Chico 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 An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL CPDM 900.8.1 Use of Sobering Cell Inmates who are to be held in the Temporary The sobering cell described in Title 24, Part 2, Section Holding Facility and who present a threat to 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ their own safety or the safety of others due to threat to their own safety or the safety of others due to their their state of intoxication should be placed in a state of intoxication and pursuant to written policies and sobering cell. procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they CPDM 900.8.1 (e) Inmates will be removed are able to continue in the processing. from the cell when they no longer pose a threat ☒ ☐ ☐ to their own safety and the safety of others and are able to continue processing. In no case shall an inmate remain in a sobering cell over six CPDM 900.8.1 (d) Under no circumstances hours without an evaluation by a medical staff person or an shall an inmate be held in a sobering cell for evaluation by custody staff, pursuant to written medical more than six hours without being evaluated by ☒ ☐ ☐ procedures in accordance with section 1213 of these qualified medical personnel to ensure that the regulations, to determine whether the prisoner has an urgent inmate does not have an urgent medical issue. medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☒ ☐ ☐ Intermittent direct visual observation of inmates held in the CPDM 900.8.1 (c) A safety check consisting of sobering cell shall be conducted no less than every half hour. direct visual observation sufficient to assess the Such observation shall be documented. inmate’s well-being and behavior shall occur at ☒ ☐ ☐ least once every 30 minutes. Each safety check shall be documented in the cell log. BSCC reviewed random logs from 2020 and found checks meet policy. 0370 Butte Chico 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 1057 DEVELOPMENTALLY DISABLED CPDM 900.3.1 Individuals Who Should not be INMATES in Temporary Custody The facility administrator, in cooperation with the ☒ ☐ ☐ 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 CPDM 900.3.1 center on any inmate suspected or confirmed to be Individuals who exhibit certain behaviors or developmentally disabled for the purposes of diagnosis conditions should not be in temporary custody ☒ ☐ ☐ and/or treatment within 24 hours of such determination, at the Chico Police Department, but should be excluding holidays and weekends. transported to a jail facility, a medical facility, or another type of facility as appropriate. 1058 USE OF RESTRAINT DEVICES CPDM 900.6 Use of Restraint Devices The use of restraints, other than handcuffs or The facility administrator, in cooperation with the leg irons, generally should not be used for responsible physician, shall develop written policies and ☒ ☐ ☐ individuals in temporary custody at the Chico procedures for the use of restraint devices and may delegate Police Department unless the person presents a authority to place an inmate in restraints to a responsible heightened risk, and only in compliance with health care staff. the Handcuffing and Restraints Policy. In addition to the areas specifically outlined in this CPDM 306 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 equipment are readily available protective housing of restrained persons; CPDM 900.6 Use of Restraint Devices ☒ ☐ ☐ 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, if persons in custody requires behavior which results in the destruction of property or restraint other than handcuffs, they are reveal an intent to cause physical harm to self or others. immediately transported to the hospital, other Restraint devices include any devices which immobilize an medical facility, or county jail. inmate's extremities and/or prevent the inmate from being ☒ ☐ ☐ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval 306.8.1 Guidelines for Use of Leg Restraints of the facility manager, the facility watch commander, (a) If practicable, officers should notify a responsible health care staff; continued retention shall be supervisor of the intent to apply the leg restraint ☒ ☐ ☐ reviewed a minimum of every hour. device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. 0370 Butte Chico 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 If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice BSCC staff requested to see logs on any every thirty minutes to ensure that the restraints are properly persons held in restraints inside the temporary ☒ ☐ ☐ employed, and to ensure the safety and well-being of the holding facility. No one was held in restraints inmate. Such observation shall be documented. in the facility in 2019-2020. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☒ ☐ ☐ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES CPDM 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 Leg irons, waist chains, or handcuffs behind the delivery shall not be restrained by the use of leg irons, body should not be used unless the officer has a waist chains, or handcuffs behind the body. ☒ ☐ ☐ reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property (2) A pregnant inmate in labor, during delivery, or in No person who is in labor, delivery, or recovery recovery after delivery, shall not be restrained by the after delivery shall be handcuffed or restrained wrists, ankles, or both, unless deemed necessary for the except in extraordinary circumstances and only ☒ ☐ ☐ safety and security of the inmate, the staff, or the public. when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she CPDM 900.3.1 Individuals Who Should Not Be shall be advised, orally or in writing, of the standards In Temporary Custody ☒ ☐ ☐ and policies governing pregnant inmates. (b) Any individual who has a medical condition, including pregnancy. 1067 ACCESS TO TELEPHONE CPDM 900.5.5 Telephone Calls Immediately upon being booked and, except The facility administrator shall develop written policies and where physically impossible, no later than three ☒ ☐ ☐ procedures which allow reasonable access to a telephone hours after arrest, an individual in custody has beyond those telephone calls which are required by Section the right to make at least three completed calls. 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL CPDM 900.5.5 Telephone Calls CPDM 900.5.9 Attorneys and Bail Bondsmen The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: 0370 Butte Chico 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 (a) unlimited mail as provided in Section 1063 of these This is temporary holding facility and inmates regulations, and, ☐ ☐ ☒ are not in custody long enough to receive or send mail. (b) confidential consultation with attorneys. CPDM 900.5.2 Temporary Custody ☒ ☐ ☐ Requirements (f) There is privacy during attorney visits. 1080 RULES AND DISCIPLINARY PENALTIES CPDM 900.5.10 Discipline 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 Laws and rules are posted in the Temporary and affirmatively and posted conspicuously in housing units ☒ ☐ ☐ Holding facility. 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 CPDM 900.5.10 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. Such Each facility administrator shall develop written policies and conduct should be documented and reported to procedures for inmate discipline. The plan shall include, but the receiving facility. not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 0370 Butte Chico 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 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by the 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 from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE CPDM 900.5.10 Discipline Discipline will not be administered to any The degree of punitive actions taken by the disciplinary individual in custody at this facility. officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 0370 Butte Chico 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 1083 LIMITATIONS ON DISCIPLINARY ACTIONS The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 0370 Butte Chico 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 1084 DISCIPLINARY RECORDS CPDM 900.5.10 Discipline Discipline will not be administered to any Penal Code Section 4019.5 requires that a record is kept of individual in custody at this facility. all disciplinary infractions and punishment administered, ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: ☒ ☐ (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☒ ☐ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 324.7.1 Emergency Medical Care of Juveniles in MINOR IN AN ADULT DETENTION Custody FACILITY ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 324.3 Juveniles Who Should Not Be Held (c) A known suicide risk or obviously severely The facility administrator shall develop written policies and ☒ ☐ ☐ emotionally disturbed procedures concerning minors being held in temporary custody which shall address: 0370 Butte Chico 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 (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, nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse. 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) Juveniles shall have 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) Juveniles shall have reasonable access to a ☒ ☐ ☐ drinking fountain or water (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 inadequate, presents a health or safety problem, or is their personal clothing unless the clothing is ☒ ☐ ☐ required to be utilized as evidence of an offense. taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody 1144 CONTACT BETWEEN MINORS AND 324.7 No-Contact Requirements ADULT PRISONERS Sight and sound separation shall be maintained between all juveniles and adults while in ☒ ☐ ☐ The facility administrator shall establish policies and custody at the Department procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, 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, a member of the Chico Police ☒ ☐ ☐ by-side presence with the minor or the adult to prevent Department shall maintain a constant, sustained contact. immediate, side-by-side presence with the juvenile or the adult to minimize any contact. 0370 Butte Chico 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 1145 DECISION ON SECURE CUSTODY 324.10 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. Watch officer on the basis that he or she is a person described by Commander approval is required before placing Section 602 of the Welfare and Institutions Code may be held a juvenile offender in secure custody. in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a 324.10 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 ☒ ☐ ☐ are detained in the facility. in custody at the facility 1146 CONDITIONS OF SECURE CUSTODY 324.10 Secure Custody While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 324.10 Secure Custody CUSTODY INSIDE A LOCKED 324.10.1 Locked Enclosures ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; (b) Juveniles shall have constant auditory ☒ ☐ ☐ and, access to department members (2) safety checks, as defined in Section 1006, of the (d) Unscheduled safety checks to provide for minor by staff of the law enforcement facility, at the health and welfare of the juvenile by a staff least once every 30 minutes, which shall be member, no less than once every 15 minutes, ☒ ☐ ☐ documented. shall occur. BSCC staff reviewed 2020 secure detention logs and found checks were completed per policy. 0370 Butte Chico 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 (b) Males and females shall not be placed in the same (e) Males and females shall not be placed in the locked room unless under constant direct visual ☒ ☐ ☐ same locked room observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 324.10 Secure Custody CUSTODY OUTSIDE OF A LOCKED ENCLOSURE Juveniles shall not be secured to a stationary 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 324.10 Secure Custody direct visual observation to assure the minor's safety while An employee must be present at all times to ☒ ☐ ☐ secured to a stationary object. ensure the juvenile’s safety while secured to a stationary object Securing minors to a stationary object for longer than 60 324.10 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 324.10 Secure Custody longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ Supervisor approval should be documented. be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE 324.1.1 Definitions CUSTODY Non-secure custody Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- 324.1.1 Definitions SECURE CUSTODY Non-secure custody: Personal supervision, through direct visual Minors held in non-secure custody shall receive constant monitoring and audio two-way communication direct visual observation by staff of the law enforcement ☒ ☐ ☐ is maintained. Monitoring through electronic facility. Entry and release times shall be documented and devices, such as video, does not replace direct made available for review. Monitoring a minor using visual observation. audio, video, or other electronic devices shall never replace BSCC staff reviewed non-secure detention logs constant direct visual observation. and found them to be within policy. 1151 MINORS UNDER THE INFLUENCE OF 324.3 Juveniles Who Should Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR (d) Significantly intoxicated except when NON-SECURE CUSTODY approved by the Watch Commander. A 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. 0370 Butte Chico 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 Supervision of minors in secure custody in a locked room 324.10.1 Locked Enclosures who display outward signs of being under the influence of d) Unscheduled safety checks to provide for the drugs, alcohol or any other intoxicating substance shall health and welfare of the juvenile by a staff include safety checks at least once every 15 minutes until ☒ ☐ ☐ member, no less than once every 15 minutes, resolution of the intoxicated state or release. These safety shall occur checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked In practice, minors are not left alone at any time room who display outward signs of being under the while in custody. 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. 0370 Butte Chico 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 ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations:0 facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations:0 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations:0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ Number of violations:0 circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: 0 law enforcement facility for longer than six hours. 0370 Butte Chico 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 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 (1980) FIELD REPRESENTATIVE: Dale Miller DATE: January 21, 2021 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 X 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 the door (Facility planned or constructed after 8-86; See X regulations for later changes)) 370 Butte Chico THJ PHY 20-22 - 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 370 Butte Chico THJ PHY 20-22 - 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: Dale Miller DATE: January 21, 2021 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 x 6.6 x 8.4 1 1 1 NOTES: 6'6" BENCH, Adjacent to Booking Office, Named the “Booking Cell” #3 Sobering 1980 1 (3) 9.5 x 7.4 x 8.4 1 1 1 NOTES: 76" BENCH #4 Holding 1980 1 1 4 (4) 9.5 x 7.4 x 8.4 1 1 1 NOTES: 76" BENCH #5 Holding 1980 1 1 4 (4) 9.5 x 7.3 x 8.4 1 1 1 NOTES: #7 Holding 1988 1 1 4 (4) 9.3 x 7.2 x 8.4 1 1 1 NOTES: 76" BUNK IRREGULAR. CELL IS A HANDICAP ACCESSIBLE #8 Holding 1988 1 1 4 (4) 9.6 x 7.4 x 8.4 1 1 1 NOTES: 76" BUNK #9 Holding 1988 1 1 4 (4) 11.5 x 7.4 x 8.4 1 1 1 NOTES: 76" BUNK A shower is available in the secure temporary holding facility. 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. 370 Butte Chico THJ LAS 20-22 - 1 - A360 LAS Adult.dot (03/01)