Contra Costa County, Brentwood Police Department (2018-2020 inspection cycle)

April 20, 2020 Thomas Hansen, Chief Brentwood Police Department 9100 Brentwood Blvd. Brentwood, CA 94513 2018-2020 BIENNIAL INSPECTION OF BRENTWOOD POLICE DEPARTMENT, BRENTWOOD PUBLIC SAFETY FACILITY JAIL, PENAL CODE 6031 Dear Chief Hansen, On February 26, 2020, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Brentwood Public Safety Building Jail. A pre-inspection briefing was held on January 23, 2020. 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 facility. Local inspection reports are forwarded to your office under a separate cover. Inspection Date Fire and Life Safety February 24, 2020 Medical and Mental Health December 10, 2019 Environmental Health December 10, 2019 BSCCINSPECTION 0530 Contra Costa Brentwood TH 18-20 Chief Hansen Brentwood Police Department Page 2 The inspection consisted of a review of the Brentwood Police Department General Orders that apply to Jail Operations, a site visit to review operations, physical plant and relevant documentation, and interviews with administration and facility staff. 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 of the temporary holding facility. 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 2018/2019 no minors were held beyond the 6-hour limit for secure detention. Corrective Action Plan There were no noncompliance issues as noted above. This concludes our inspection report for the 2018-2020 biennial inspection cycle of the Brentwood Police Temporary Holding Facility. We would like to express our gratitude to Lieutenant Mark Louwerens for his preparation and help during the inspection. We look 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, Dale A. MillerDigitally signed by Dale A. Miller Date: 2020.05.01 14:14:55 -07'00' Dale Miller Field Representative Facilities Standards and Operations Division 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. 0530 Contra Costa Brentwood TH 18-20 Chief Hansen Brentwood Police Department Page 3 Enclosures cc: Chair, City Council, City of Brentwood* City Manager, City of Brentwood* Presiding Judge, Superior Court, County of Contra Costa* Grand Jury Foreperson, County of Contra Costa* Mark Louwerens, Lieutenant, Brentwood Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0530 Contra Costa Brentwood TH 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0533 FACILITY NAME: Brentwood Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Lieutenant Mark Louwerens FIELD REPRESENTATIVE: Dale Miller DATE: February 26, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Brentwood Police Department Policy Manual HOLDING FACILITY TRAINING (BPM) 900.9 – Training: Custodial personnel who supervise inmates in, and Department members responsible for supervisors of, a Court Holding or Temporary Holding supervising adults in temporary custody shall facility shall complete 8 hours of specialized training. Such complete the Corrections Officer Core Course training shall include, but not be limited to: or eight hours of specialized training within six (a) applicable minimum jail standards; months of assignment. Such training shall include, but not be limited to, the following: (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 Each agency shall determine if additional training is needed (e) Suicide prevention based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in BPM 900.9 – Training any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. BSCC Staff reviewed the training records and Successful completion of Core training or supplemental ☒ ☐ ☐ all staff had received the required initial Core training, pursuant to Section 1020, Corrections Officer training. Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once BPM 900.9 – 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. Biennial training was completed in November 2019. 1027 NUMBER OF PERSONNEL BSCC staff reviewed personnel assignment roster and safety checks on inmates. Records indicate that there is adequate staffing for this A sufficient number of personnel shall be employed in each ☒ ☐ ☐ facility which average less than one person in local detention facility to ensure the implementation and operation of the programs and activities required by these custody per day. 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. 0533 Contra Costa Brentwood TH 18-20 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at BPM 900.3.1 – Supervision in Temporary least one employee on duty at all times in a local detention Custody: facility or in the building which houses a local detention ☒ ☐ ☐ An authorized department member capable of facility who shall be immediately available and accessible to supervising shall be present at all times when an inmates in the event of an emergency. individual is held in temporary custody. Such an employee shall not have any other duties which The member responsible for supervising should would conflict with the supervision and care of inmates in ☒ ☐ ☐ not have other duties that could unreasonably the event of an emergency. conflict with his/her supervision. Whenever one or more female inmates are in custody, there At least one female department member should shall be at least one female employee who shall be be present when a female adult is in temporary immediately available and accessible to such females. custody. In the event that none is readily ☒ ☐ ☐ Note: Reference PC§ 4021. available, the female should be transported to another facility or released pursuant to another lawful process. To determine if there is a sufficient number of personnel for BPM 900.3.2 – Staffing Plan a specific facility, the facility administrator shall prepare and The Chief of Police or the authorized designee retain a staffing plan indicating the personnel assigned in the shall ensure a staffing plan is prepared and facility and their duties. Such a staffing plan shall be maintained, indicating assigned personnel and ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial their duties. inspection. The results of such a review and In practice, the arresting or transporting office recommendations shall be reported to the local jurisdiction stays with the inmate until released or having fiscal responsibility for the facility. transferred. 1027.5 SAFETY CHECKS BPM 900.5 – Holding Cells: Safety checks by department members shall Safety checks shall be conducted at least hourly through occur no less than every 15 minutes. ☒ ☐ ☐ direct visual observation of all inmates. There shall be no BSCC Staff reviewed random checks over the more than a 60-minute lapse between safety checks. last year, and all were in compliance with this section. There is a written plan that includes the documentation of All safety checks shall be logged. ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF BPM 900.3.2 – Staffing Plan: Ensure that at least one member who meets the Whenever there is an inmate in custody, there shall be at training standards established by the Board of least one person on duty at all times who meets the training State and Community Corrections (BSCC) for ☒ ☐ ☐ standards established by the BSCC for general fire and life general fire- and life-safety and is trained in fire- and life-safety procedures relating safety. (Penal Code section 6030[e]) specifically to the facility is on-duty at all times. The facility manager shall ensure that there is at least one BPM 900.9 – Training: person on duty who trained in fire and life safety procedures ☒ ☐ ☐ All assigned personnel receive training. that relate specifically to the facility. 0533 Contra Costa Brentwood TH 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Brentwood Police Department Policy Manual, Chapter 9, Custody, as the manual for the temporary holding facility. The manual was Facility administrator(s) shall develop and publish a manual last reviewed and updated December 27, 2019 of policy and procedures for the facility. The policy and and is available on-line to employees and the procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed public. and updated at least every two years. Such a manual shall be made available to all employees. Brentwood Police Department also maintains a ☒ ☐ ☐ list of standard operating procedures (SOP) for the temporary holding facility. 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 BPM 200 – Organization Structure and ☒ ☐ ☐ communications. Responsibility (2) Inspections and operations reviews by the facility SOP IV – Operation Review and Inspections ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ BPM 300 – Use of Force (4) Policy on the use of restraint equipment, including the BPM 306 – Handcuffing and Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ BPM 306.3.2 – Restraint of Pregnant Persons Section 3407. BPM 307 – WRAP (5) Procedure and criteria for screening newly received BPM 420 – Cite and Release Policy inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ Conducted daily. (B) searches of the facility and inmates, ☒ ☐ ☐ BPM 902 – Custodial Searches (C) contraband control, and, ☒ ☐ ☐ BPM 902 – Custodial Searches (D) key control. ☒ ☐ ☐ SOP XIV – Key Control Each facility administrator shall, at least annually, review, BPD 900.8 – Annual review and evaluation of evaluate, and make a record of security measures. The review security measures including internal and and evaluation shall include internal and external security ☒ ☐ ☐ external security measures, sanitation, safety measures of the facility including security measures specific and maintenance (15 CCR 1280). to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: BPM 900.8 – Assigned Administrator: (A) fire suppression preplans as required by section ☒ ☐ ☐ SOP VI – Fire Suppression Preplanning 1032 of these regulations; SOP XXVI – Emergency Procedures (B) escape, disturbances, and the taking of hostages; BPM 900.8 – Assigned Administrator: ☒ ☐ ☐ (C) mass arrests; ☒ ☐ ☐ (D) natural disasters; ☒ ☐ ☐ (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ (F) storage, issue, and use of weapons, ammunition, ☒ ☐ ☐ chemical agents, and related security devices. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0533 Contra Costa Brentwood TH 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Suicide Prevention. BPM 900.6 – Suicide Attempt, Death or ☒ ☐ ☐ Serious Injury: (9) Segregation of Inmates. ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual abuse and BPM 904 – Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond BPM 1059 – Anti-Retaliation to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, BPM 900.4.3 – PREA Coordinator Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, BPM 900 – PREA community members, and other interested third parties to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM SOP XX – Suicide Prevention Employees are to screen and monitor all The facility shall have a comprehensive written suicide prisoners in an attempt to identify a prisoner prevention program developed by the facility administrator, who is a potential suicide risk. ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those In practice, any inmate showing signs of inmates who present a suicide risk. The program shall suicidal risk is transferred to a medical facility include the following: or county jail. (a) Suicide prevention training for all staff that have direct BPM 900.9 – Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon The inmate is to receive constant personal ☒ ☐ ☐ intake and prior to housing assignment. visual supervision. (c) Provisions facilitating communication among SOP XIX – Illness, Injury or Death arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ (f) Suicide attempt and suicide intervention policies and ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ (h) Multi-disciplinary administrative review of suicides and BPM 900.6 – Suicide Attempt, Death or attempted suicides as defined by the facility ☒ ☐ ☐ Serious Injury administrator. 1032 FIRE SUPPRESSION PREPLANNING BPM 900.8 – Assigned Administrator: Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: 0533 Contra Costa Brentwood TH 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) a fire suppression pre-plan developed with the local fire SOP VI – Fire Suppression Preplanning 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 Fire and Life Safety Inspections by staff are monthly basis with two-year retention of the inspection ☒ ☐ ☐ conducted and recorded daily. BSCC Staff record; verified checks. (c) fire prevention inspections as required by Health and Biennial Fire Inspection was conducted by the Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ local fire department on February 24, 2020. inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ Evacuation Plans posted. (e) a plan for the emergency housing of inmates in the case of All inmates are released or moved to cunty jail. ☒ ☐ ☐ fire. 1044 INCIDENT REPORTS SOP IX – Incident Reports Any incident occurring in this facility, which Each facility administrator shall develop written policies and results in physical harm, or serious threat of procedures for the maintenance of written records and ☒ ☐ ☐ physical harm, to an employee, inmate or other reporting of all incidents which result in physical harm, or person, shall result in the notification to a supervisor without unreasonable delay. serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons BSCC Staff requested to review reports of all involved, a description of the incident, the actions taken, and ☒ ☐ ☐ incidents that occurred in the facility during the the date and time of the occurrence. last year. None had occurred. Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY BPM 900.6 – Suicide Attempt, Death or Serious Injury: (a) Death in Custody Reviews for Adults and Minors. h. In-Custody death reviews (15 CCR 1046) The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ Agency participates in the Contra Costa County to ensure that there is an initial review of every in-custody review panel. death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of Agency participates in the Contra Costa County clinical care; whether changes to policies, procedures, or review panel. ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor Minors are not held in the secure lockup. In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: (1) The administrator of the facility shall provide to the BPM 323.12 – Suicide Attempt, Death, or Board a copy of the report submitted to the Attorney Serious Injury of a Juvenile General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☐ ☐ ☒ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 0533 Contra Costa Brentwood TH 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN BPM 900.3 – General Criteria and Supervision: No adult should be in temporary custody for (a) Each administrator of a temporary holding, Type I, II, or longer than six hours. III facility shall develop and implement a written classification plan designed to properly assign inmates to SOP XVIIL – Prisoner Screening, housing units and activities according to the categories of sex, Classification and Release: age, criminal sophistication, seriousness of crime charged, B. Classification Plan: physical or mental health needs, assaultive/non-assaultive a. Males and females shall be confined behavior, risk of being sexually abused, or sexually harassed separately. and other criteria which will provide for the safety of the ☒ ☐ ☐ b. Felons will be kept separate from inmates and staff. Such housing unit assignment shall be misdemeanants accomplished to the extent possible within the limits of the c. Juveniles shall not be confined with adults available number of distinct housing units or cells in a facility. d. Rival gang members are not to be confined together The written classification plan shall be based on objective e. Combatants are to be kept separated criteria and include receiving screening performed at the time f. Persons subject to segregation are to be kept of intake by trained personnel, and a record of each inmate's separate from other inmates. classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area Based on the officer's observations and/or for male or female inmates, and in making other housing and prisoner responses, a prompt decision programming assignments, the agency shall consider on a on whether prisoner segregation, emergency case-by-case basis whether a placement would ensure the medical treatment, or transfer of the ☒ ☐ ☐ inmate's health and safety, and whether the placement would arrestee to a medical or mental health facility is present management or security problems. An inmate's own warranted. views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES BPM 1015 – Communicable Diseases A human disease caused by microorganisms The facility administrator, in cooperation with the that are present in and transmissible through responsible physician, shall develop written policies and ☒ ☐ ☐ human blood, bodily fluid, tissue, or by procedures specifying those symptoms that require breathing or coughing. segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be In practice, the detainee is questioned by the made of the person being booked as to whether or not he/she arresting or transporting officer at the time of has or has had any communicable diseases, such as booking. If there is any indication the detainee tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ has a communicable disease, the individual is any other communicable diseases, or other special medical taken to a medical facility or county jail. problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES SOP XVIIL – Prisoner Screening, Classification and Release: The medical screening process includes both The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and observations of the prisoner and procedures to identify and evaluate all mentally disordered asking the medical and mental health questions inmates, and may include telehealth. on the appropriate screening form. If an evaluation from medical or mental health staff is not BPM 900.3 – General Criteria and Supervision: readily available, an inmate shall be considered mentally No adult should be in temporary custody for disordered for the purpose of this section if he or she appears longer than six hours. to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ In practice, officers will transfer any arrestee that shows signs of mental disorders to a An evaluation from medical or mental health staff shall be medical facility or county jail. secured within 24 hours of identification or at the next daily sick call, whichever is earliest. 0533 Contra Costa Brentwood TH 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary, to protect the safety ☒ ☐ ☐ of the inmate or others. 1053 ADMINISTRATIVE SEGREGATION SOP XVIIL – D. Segregation: 1. The need for administrative segregation is based on protecting the welfare of Except in Type IV facilities, each facility administrator shall inmates and staff develop written policies and procedures which provide for 2. Inmates in need of administrative segregation the administrative segregation of inmates who are should be processed immediately for release or determined to be prone to: promote activity or behavior that transfer to an appropriate facility. is criminal in nature or disruptive to facility operations; 3. Upon identification, inmate criteria for demonstrate influence over other inmates, including segregation includes the following: influence to promote or direct action or behavior that is a. Prisoners who may cause harm to other criminal in nature or disruptive to the safety and security of prisoners or staff, or may be harmed by other other inmates or facility staff, as well as to the safe operation ☒ ☐ ☐ prisoners, or are prone to escape. of the facility; escape; assault, attempted assault, or b. Mentally disordered persons who appear to participation in a conspiracy to assault or harm other inmates be a danger to themselves or others. or facility staff; or likely to need protection from other c. Any prisoner placed in a restraint device. inmates, if such administrative segregation is determined to d. Any prisoner with communicable disease. be necessary in order to obtain the objective of protecting e. Vermin infested inmates. the welfare of inmates and staff. f. Persons who are intoxicated to the extent that they are unable to care for their safety or the safety of others. g. Developmentally disabled persons when it is determined that segregation is necessary for the safety of the inmate. Administrative segregation shall consist of separate and Segregated inmates shall not be deprived of any secure housing but shall not involve any other deprivation of privileges accorded other prisoners, except to ☒ ☐ ☐ privileges than is necessary to obtain the objective of the extent necessary to protect inmates and protecting the inmates and staff. staff. 1055 USE OF SAFETY CELL There is no Safety Cell in this Facility. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. 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. ☐ ☐ ☒ 0533 Contra Costa Brentwood TH 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 There is no Sobering Cell in this Facility. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. 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 sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED SOP XVIIL – D. Segregation: INMATES g. Developmentally disabled persons when it is determined that segregation is necessary for the safety of the inmate. 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 center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☐ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES BPM 306 – Handcuffing and Restraints: This holding facility is not designed or equipped for those inmates requiring "use of The facility administrator, in cooperation with the restraints." These inmates have underlying responsible physician, shall develop written policies and ☐ ☐ ☒ medical or mental health problems and are to be procedures for the use of restraint devices and may delegate transferred to the appropriate medical or mental authority to place an inmate in restraints to a responsible health facility. health care staff. In addition to the areas specifically outlined in this The agency has a use of restraint policy, but no regulation, at a minimum, the policy shall address the one is held in this facility after being placed in ☐ ☐ ☒ following areas: restraints. acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; 0533 Contra Costa Brentwood TH 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display No one is held in this facility after being placed behavior which results in the destruction of property or in restraints. reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES BPM 306.3.2 – Restraint of Pregnant Persons The facility administrator, in cooperation with the In practice, no one is held in this facility after responsible physician, shall develop written policies and ☒ ☐ ☐ being placed in restraints. 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 BPM 306.3.2 – Restraint of Pregnant Persons: delivery shall not be restrained by the use of leg irons, No person who is in labor, delivery or recovery waist chains, or handcuffs behind the body. after delivery shall be handcuffed or restrained ☒ ☐ ☐ except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers or others. 0533 Contra Costa Brentwood TH 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☒ ☐ ☐ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE SOP XVIL – Prisoner Processing: F. Phone Calls: The facility administrator shall develop written policies and An arrestee has the right to make three (3) ☒ ☐ ☐ procedures which allow reasonable access to a telephone completed telephone calls immediately upon beyond those telephone calls which are required by Section being booked. 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL SOP XXIV – Access to Courts and Legal Counsel: Inmates have a constitutional right to The facility administrator shall develop written policies and ☒ ☐ ☐ unimpeded access to the courts and legal procedures to ensure inmates have access to the court and to counsel. Consultations between a prisoner and legal counsel. Such access shall consist of: attorney are confidential, therefore, must not be monitored or recorded. (a) unlimited mail as provided in Section 1063 of these This is a temporary holding facility, and no one ☒ ☐ ☐ regulations, and, is in custody for over 6 hours. (b) confidential consultation with attorneys. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY PENALTIES SOP XII – Discipline: Any person in the custody of the Brentwood Wherever discipline is administered, each facility ☐ ☐ ☒ Police Department shall not be subject to any administrator shall establish written rules and disciplinary form of discipline for their actions. penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE Any person in the custody of the Brentwood Police Department shall not be subject to any If discipline is NOT administered, written policy should form of discipline for their actions. indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. 0533 Contra Costa Brentwood TH 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Punitive Actions: Major violations of facility rules or This is a Temporary Holding Facility that does repetitive minor acts of non-conformance or repetitive minor not administer discipline. 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. 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 Any person in the custody of the Brentwood from administratively segregating any inmate from the Police Department shall not be subject to any general population or program for reasons of personal, form of discipline for their actions. 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. 0533 Contra Costa Brentwood TH 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE This is a Temporary Holding Facility that does not administer discipline. The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY This is a Temporary Holding Facility that does ACTIONS not administer discipline. 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. 0533 Contra Costa Brentwood TH 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) In addition to the provisions of Section 1247, the Any person in the custody of the Brentwood facility manager shall approve the initial placement on Police Department shall not be subject to any ☐ ☐ ☒ the disciplinary separation diet and ensure that medical form of discipline for their actions. staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS This is a Temporary Holding Facility that does not administer discipline. Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered, ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the No secure minors were held in the facility in the last detention of minors: year. (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. 0533 Contra Costa Brentwood TH 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A BPM 323 – Temporary Custody of Juveniles MINOR IN AN ADULT DETENTION FACILITY ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES BPM 323 – Temporary Custody of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; BPM 323.3 – Juveniles Who Should Not Be ☒ ☐ ☐ Held (b) use of restraints; ☒ ☐ ☐ BPM 306.3.3 – Restraint of Juveniles (c) emergency medical assistance and services; and, BPM 323.3.1 – Emergency Medical Care of ☒ ☐ ☐ Juveniles in Custody (d) prohibiting use of discipline. No discipline may be administered to any ☒ ☐ ☐ juvenile. 1143 CARE OF MINORS IN TEMPORARY BPM 323.8 – Temporary Custody Requirements CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ (2) one snack upon request during term of temporary custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ (4) privacy during consultation with family, guardian, ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND BPM 323.7 – No-Contact Requirements ADULT PRISONERS ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 0533 Contra Costa Brentwood TH 18-20 - 14 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1145 DECISION ON SECURE CUSTODY BPM 323.11 – Secure Custody: Secure custody should only be used for juvenile A minor who is taken into temporary custody by a peace offenders when there is a reasonable belief that officer on the basis that he or she is a person described by the juvenile is a serious risk of harm to Section 602 of the Welfare and Institutions Code may be held him/herself or others. 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 BPM 323.11 – Secure Custody (a) serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was BPM 323.11 – Secure Custody (b) ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the BPM 323.11 – Secure Custody (c) ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate BPM 323.11 – Secure Custody (d) ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who BPM 323.11 – Secure Custody (e) ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY BPM 323.11.1 – Locked Enclosures 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 BPM 323.11.1 – Locked Enclosures CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; BPM 323.11.1 – Locked Enclosures (b) ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the BPM 323.11.1 – Locked Enclosures (d): minor by staff of the law enforcement facility, at No less than once every 15 minutes. ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same BPM 323.11.1 – Locked Enclosures (e) locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 0533 Contra Costa Brentwood TH 18-20 - 15 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1148 SUPERVISION OF MINORS IN SECURE BSCC Staff reviewed minors in detention logs CUSTODY OUTSIDE OF A LOCKED and there were no secure detentions. ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE BPM 323.4.3 – Custody of Juvenile Offenders 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- BPM 323.4.3 – Custody of Juvenile Offenders SECURE CUSTODY BSCC Staff reviewed minor’s in detention logs Minors held in non-secure custody shall receive constant and found that they were in compliance with this direct visual observation by staff of the law enforcement ☒ ☐ ☐ section. facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF BPM 323.3 – Juveniles Who Should Not Be ANY INTOXICATING SUBSTANCE IN SECURE OR Held: NON-SECURE CUSTODY A medical clearance shall be obtained for minors who are under the influence of drugs, Facility administrators shall develop policies and procedures ☒ ☐ ☐ alcohol, or any other intoxicating substance to providing that a medical clearance shall be obtained for the extent that they are unable to care for minors who are under the influence of drugs, alcohol or any themselves. other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. 0533 Contra Costa Brentwood TH 18-20 - 16 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 0533 Contra Costa Brentwood TH 18-20 - 17 - A351 TH PRO eff. 1/2019 (18-20).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☐ ☒ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations:0 facility. 207.1(d)(1)(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 ☐ ☒ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the Number of violations:0 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. 0533 Contra Costa Brentwood TH 18-20 - 18 - A351 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 6/94; 2/99; 2001 BSCC Code: 0533 FACILITY NAME: Brentwood Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: X OTHER: FIELD REPRESENTATIVE: Dale Miller DATE: February 26, 2020 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) Gun lockers in vehicle sally port and at the Contains a weapons locker, designed as outlined in these X entrance from the patrol area regulations. Contains a cell or room for confinement pending booking X Contains a detoxification cell (WA in TH; NA in CH) Program statement and policy address the 01: Name changed to “sobering cell.” management of the single sobering cell X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X This facility does not have a safety cell. Shower room available Adjacent to booking counter X 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables X Property and Evidence Room. Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running water X Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear ceiling X height of 8 feet or more Contains sufficient seating to accommodate all inmates X Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or more X Temporary Staging Cell or Room (2.3) This facility does not have a temporary staging Holds inmates classified and segregated per Title 15 § 1050 X cell or room. and 1053 Detoxification/Sobering Cell (2.4) 01: Name change to “sobering cell” X Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear ceiling X height of 8 feet or more Contains a water closet (toilet) wash basin and drinking fountain as specified by these regulations X 0533 CC Brentwood TH PHY 18-20 - 1 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) TITLE 24 SECTION YES NO N/A COMMENTS Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure portion of the facility. X Safety Cell (2.5) This facility does not have a safety cell. Contains 48 square feet with one floor dimension of a least X 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Safety Equipment Storage (2.19) Adequate space is provided to store equipment such as fire X extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Lockable, containing a mop sink and storage space X 01: Mop sink may be separate from janitors’ closet Audio or Visual Monitoring (2.22) Dispatch and Watch Commander can monitor. There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is use, it is located primarily in corridors, X elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Emergency Power (2.24) Capable of providing full power for 7 days There is an emergency power source available and capable of providing minimal lighting in all areas and maintaining X fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) Available and provides for confidentiality X Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in holding and X staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See regulation for X calculations of washbasin trough substitutions. 0533 CC Brentwood TH PHY 18-20 - 2 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) TITLE 24 SECTION YES NO N/A COMMENTS Drinking Fountains (3.3) 2-99: Available in each temporary holding, staging and X sobering cell. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the water outlet X (bubbler). 2-99: Mouth guard requirement deleted Showers (3.4) (NA in CH) Available in the security area; provide hot and cold or tempered water; shower stalls/areas are designed and X constructed of materials that are impervious to water and soap so that they may be easily cleaned. Beds/Bunks (3.5) (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type or concrete; X securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) Windows that are accessible to inmates are no greater than 5 X inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and everything on them X are padded. All padded cells are equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; X firmly bonded to all surfaces; and, without exposed seams. 0533 CC Brentwood TH PHY 18-20 - 3 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) TITLE 24 SECTION YES NO N/A COMMENTS Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per inmate. X 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) (NA type IV and Minimum Security Facilities) A secure weapons locker is located outside the security X perimeter of the facility and no weapons are brought into the security area. Lockers have individual compartments, locks and keys. Design Requirements (102(c)6) Additional caulking in the ADA cell would Design requirements as specified in Title 24, Part 1, 102(c)6 enhance suicide mitigation. are met. (See regulation for specific requirements. Note X areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 0533 CC Brentwood TH PHY 18-20 - 4 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 0533 FACILITY: Brentwood Police Department TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Dale Miller DATE: February 26, 2020 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Cells 1-4 Holding 2001 4 - (4) (16) 6.33x11.25 1 1 1 Notes: Less approximately 4 sq. ft. for plumbing chase, 75” bench space - capacity is limited by seating Cell 5 Holding 2001 1 - (4) (4) 7.33x11.25 1 1 1 Notes: ADA cell - Less approximately 4 sq. ft. for plumbing chase, 75” bench space - capacity is limited by seating Cell 6 Sobering 2001 1 - (3) (3) 7.25x11.25 1 1 1 Notes: Less approximately 4 sq. ft. for plumbing chase, Capacity is limited by floor space There are two non-rated interview rooms in the secure area of the facility – there is an intake shower across from the booking counter. All cells equipped with concrete bench that meets the specifications for a bunk. Physical plant meets Type I requirements but will be operated as a Temporary Holding Facility. 2018-2020 Inspection Cycle: Facility continues to operate as a Temporary Holding Facility. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 0533 CC Brentwood TH LAS 18-20 - 1 - A360 LAS Adult.dot (03/01)