Contra Costa County, Brentwood Police Department (2020-2022 inspection cycle)

August 2, 2021 Thomas Hansen, Chief Brentwood Police Department 9100 Brentwood Blvd. Brentwood, CA 94520 2020-2022 BIENNIAL INSPECTION OF BRENTWOOD POLICE DEPARTMENT, BRENTWOOD POLICE TEMPORARY HOLDING FACILITY, PENAL CODE 6031 Dear Chief Hansen, On July 15, 2021, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Brentwood Police Department Temporary Holding Facility. A pre-inspection briefing was held on May 19, 2021. 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 February 24, 2020 Medical and Mental Health March 1, 2021 (Permit to Operate) Environmental Health March 1, 2021 (Permit to Operate) 0533 Contra Costa Brentwood THJ LTR 20-22 Chief Hansen Brentwood Police Department Page 2 Due to the COVID-19 measures, the County Health Department has not conducted an in- person inspection at the Temporary Holding Facility. Contra Costa County Health Department has issued a Permit to Operate and will complete the in-person inspection as measures are lifted by the County Health Authority. BSCC INSPECTION The inspection consisted of a review of the Brentwood Police Department Policy Manual that applies 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. 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 Brentwood Police Department Temporary Holding Facility. We would like to express our 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. 0533 Contra Costa Brentwood TH LTR 20-22 Chief Hansen Brentwood Police Department Page 3 gratitude to Lieutenant Mark Louwerens who assisted 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) 956-3679 or email at dale.miller@bscc.ca.gov. Sincerely, Dale A. Miller Digitally signed by Dale A. Miller Date: 2021.08.02 11:28:16 -07'00' DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Brentwood* City Manager, City of Brentwood* Presiding Judge, Superior Court, County of Contra Costa* Grand Jury Foreperson, Superior Court, County of Contra Costa* Lieutenant Mark Louwerens, Brentwood Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0533 Contra Costa Brentwood TH LTR 20-22 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: July 15, 2021 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 All personnel are CORE trained or complete any event not more than six months after the date of assigned training within 6 months of assignment. responsibility, or the effective date of this regulation. 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 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. BSCC Staff reviewed training material and completed training rosters. All personnel have completed training on or since August 29, 2019. 1027 NUMBER OF PERSONNEL BPM 900.3.2 Staffing Plan BSCC Staff reviewed staffing plan and duty A sufficient number of personnel shall be employed in each rosters. Arresting officers stay with those in ☒ ☐ ☐ local detention facility to ensure the implementation and custody and there appears to be sufficient operation of the programs and activities required by these staffing for the facility as it is currently regulations. operated. 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 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 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 BPM 900.3.1 Supervision in Temporary would conflict with the supervision and care of inmates in Custody the event of an emergency. ☒ ☐ ☐ The member responsible for supervising should not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more female inmates are in custody, there BPM 900.3.1 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 BPM 900.3.2 Staffing Plan a specific facility, the facility administrator shall prepare and Chief of Police or the authorized designee shall retain a staffing plan indicating the personnel assigned in the 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 The staffing plan shall be available for biennial recommendations shall be reported to the local jurisdiction review by BSCC Staff. having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS BPM 900.5 Holding Cells (e) 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 all safety checks for the more than a 60-minute lapse between safety checks. last 12 months. All checks meet the requirements of this section. There is a written plan that includes the documentation of BPM 900.5 Holding Cells ☒ ☐ ☐ routine safety checks. (e) 2. All safety checks shall be logged. 1028 FIRE AND LIFE SAFETY STAFF BPM 900.3.2 Staffing Plan At least one member who meets the training Whenever there is an inmate in custody, there shall be at standards established by BSCC for general fire- ☒ ☐ ☐ least one person on duty at all times who meets the training and life-safety and is trained in fire- and life- standards established by the BSCC for general fire and life safety procedures relating specifically to the safety. (Penal Code section 6030[e]) 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 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 Brentwood Police Department Policy Manual, Chapter 9, Custody, is the manual for the Facility administrator(s) shall develop and publish a manual temporary holding facility. Other sections of the of policy and procedures for the facility. The policy and BPM are also used to meet the requirements of procedures manual shall address all applicable Title 15 and Title 15. Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be The manual was last reviewed and updated May made available to all employees. 28, 2021and is available on-line to employees ☒ ☐ ☐ and the public. The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure In addition to the facility manager maintains a confidentiality. Subsections c and d do not apply and have Temporary Holding Facility Procedures Manual been deleted. (FPM) for response to emergency incidents and is dated March 2020. (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 BPM 900.5 Holding Cells ☒ ☐ ☐ administrator/manager. BPM 900.8 Assigned Administrator (3) Policy on the use of force. ☒ ☐ ☐ BPM 300 Use of Force (4) Policy on the use of restraint equipment, including the BPM 306.3.1 Restraint of Detainees restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ BPM 306.3.2 Restraint of Pregnant Persons Section 3407. (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 ☒ ☐ ☐ BPM 420.3.2 Release After Booking 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ BPM 900.8 Assigned Administrator (A) physical counts of inmates, ☒ ☐ ☐ (B) searches of the facility and inmates, ☒ ☐ ☐ BPM 902 Custodial Searches (C) contraband control, and ☒ ☐ ☐ BPM 902 Custodial Searches (D) key control. ☒ ☐ ☐ Each facility administrator shall, at least annually, review, BPM 900.8 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 Staff reviewed Annual Security Assessment dated July 2021. (7) Emergency procedures include: BPM 900.8 Assigned Administrator (A) fire suppressions preplan as required by section ☒ ☐ ☐ FPM Fire Suppression Plan 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; BPM 414.4.2 Hostage Situation ☒ ☐ ☐ BPM 900.8 Assigned Administrator FPM Emergency Responses (C) mass arrests; ☒ ☐ ☐ BPM 468.5.2 Operational Plans (D) natural disasters; ☒ ☐ ☐ BPM 206 Emergency Operations Plan (E) periodic testing of emergency equipment; and BPM 900.8 Assigned Administrator ☒ ☐ ☐ FPM Fire Suppression Plan 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 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 (F) storage, issue, and use of weapons, ammunition, BPM 311.5 Safe Handling, Inspection and ☒ ☐ ☐ chemical agents, and related security devices. Storage (8) Suicide Prevention. BPM 900.5 Holding Cells ☒ ☐ ☐ BPM 900.6 Suicide Attempt, Death or Serious Injury (9) Segregation of Inmates. ☒ ☐ ☐ BPM 900.7 Release and/or Transfer (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 904.2 Policy to retaliation against any staff or inmate after reporting Department will not tolerate retaliation against any abuse. ☒ ☐ ☐ any person who reports sexual abuse or sexual harassment or who cooperates with a sexual abuse or sexual harassment investigation. (e) The manual for Temporary Holding, Court Holding, BPM 904.4 Reporting Sexual Abuse, Type I, II, III, and IV facilities shall provide for, but not be Harassment, and Retaliation limited to, the following: Detainees or prisoners may make reports to any (1) multiple internal ways for inmates to privately report staff member verbally, in writing, privately, or sexual abuse and sexual harassment, retaliation by other anonymously. At least one way to report abuse ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual or harassment to a public or private entity that harassment, and staff neglect or violation of is not part of the Department. responsibilities that may have contributed to such No Tolerance sign is posted in the detention incidents, area and contains information on reporting sexual assault or harassment. (2) a method for uninvolved inmates, family, BPM 904.3 PREA Coordinator community members, and other interested third parties Ensuring that information for uninvolved to report sexual abuse or sexual harassment. The inmates, family, community members, and method for reporting shall be publicly posted at the other interested third parties to report sexual ☒ ☐ ☐ facility. abuse or sexual harassment. No Tolerance sign is posted in the facility visitation area and contains information on reporting sexual assault or harassment. 1030 SUICIDE PREVENTION PROGRAM BPM 900.7 Release and/or Transfer (g) Any known threat or danger the individual The facility shall have a comprehensive written suicide may pose (e.g., escape risk, suicide potential, prevention program developed by the facility administrator, medical condition) is documented, and the ☒ ☐ ☐ in conjunction with the health authority and mental health documentation transported with the individual director, to identify, monitor, and provide treatment to those if he/she is being sent to another facility. inmates who present a suicide risk. The program shall include the following: (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 BSCC Staff review intake questions and found ☒ ☐ ☐ intake and prior to housing assignment. there are questions to assess suicide risk. (c) Provisions facilitating communication among BPM 900.7 Release and/or Transfer arresting/transporting officers, facility staff, medical and 1. The department member transporting the mental health personnel in relation to suicide risk. ☒ ☐ ☐ individual shall ensure such risks are communicated to intake personnel at the other facility. (d) Housing recommendations for inmates at risk of suicide. In practice, any suicidal inmates are transported ☒ ☐ ☐ to a medical facility or county jail. (e) Supervision depending on level of suicide risk. BPM 900.5 Holding Cells (b) The individual shall constantly be monitored ☒ ☐ ☐ by an audio/video system during the entire custody. 0533 Contra Costa Brentwood 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 (f) Suicide attempt and suicide intervention policies and BPM 466 Crisis Intervention Incidents ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. BPM 900.6 Suicide Attempt, Death or Serious ☒ ☐ ☐ Injury (h) Multi-disciplinary administrative review of suicides and BPM 900.6 Suicide Attempt, Death or Serious attempted suicides as defined by the facility ☒ ☐ ☐ Injury administrator. (h) In-custody death reviews (15 CCR 1046). 1032 FIRE SUPPRESSION PREPLANNING BPM 900.8 Assigned Administrator FPM Fire Suppression Plan Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire BPM 900.8 Assigned Administrator department to be included as part of the policy and procedures (f) Evacuation plans manual (Title 15, California Code of Regulations Section ☒ ☐ ☐ (g) Fire- and life-safety, including a fire 1029); suppression pre-plan as required by 15 CCR 1032 (b) regular fire prevention inspections by facility staff on a BSCC Staff reviewed two years of monthly fire monthly basis with two-year retention of the inspection ☒ ☐ ☐ inspections. record; (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 ☒ ☐ ☐ (e) a plan for the emergency housing of inmates in the case of All inmates are released or moved to county ☒ ☐ ☐ fire. jail. 1044 INCIDENT REPORTS BPM 343.2.1 Required Reporting BPM 343.2.4 Injury or Damage by City Each facility administrator shall develop written policies and Personnel procedures for the maintenance of written records and ☒ ☐ ☐ BPM 343.2.5 Miscellaneous Injuries reporting of all incidents which result in physical harm, or 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 all reports of involved, a description of the incident, the actions taken, and ☒ ☐ ☐ incidents that occurred in the facility over the the date and time of the occurrence. last year. There were no incidents reported. 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 clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. 0533 Contra Costa Brentwood 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 BPM 323.12 Suicide Attempt, Death, or In any case in which a minor die while detained in a jail, ☒ ☐ ☐ Serious Injury of a Juvenile 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. 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 SOP XVIIL Prisoner Screening, Classification classification plan designed to properly assign inmates to and Release: housing units and activities according to the categories of sex, B. Classification Plan: age, criminal sophistication, seriousness of crime charged, a. Males and females shall be confined physical or mental health needs, assaultive/non-assaultive separately. behavior, risk of being sexually abused, or sexually harassed b. Felons will be kept separate from and other criteria which will provide for the safety of the ☒ ☐ ☐ misdemeanants inmates and staff. Such housing unit assignment shall be c. Juveniles shall not be confined with adults accomplished to the extent possible within the limits of the d. Rival gang members are not to be confined available number of distinct housing units or cells in a facility. together e. Combatants are to be kept separated The written classification plan shall be based on objective f. Persons subject to segregation are to be kept criteria and include receiving screening performed at the time separate from other inmates. of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area 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. These diseases segregation of an inmate until a medical evaluation is commonly include, but are not limited to, completed. hepatitis B virus (HBV), HIV and tuberculosis. At the time of intake into the facility, an inquiry shall be BSCC Staff reviewed intake questionnaire and made of the person being booked as to whether or not he/she confirmed it included questions regarding has or has had any communicable diseases, such as communicable diseases. In addition, a separate tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ questionnaire regarding COVID-19 was also any other communicable diseases, or other special medical being completed at time of inspection. problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 0533 Contra Costa Brentwood 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 1052 MENTALLY DISORDERED INMATES Prisoner Screening, Classification and Release The medical screening process includes both observations of the prisoner and asking the The facility administrator, in cooperation with the ☒ ☐ ☐ medical and mental health questions on the responsible physician, shall develop written policies and appropriate screening form. procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. 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. Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION SOP XVIIL D. Segregation Except in Type IV facilities, each facility administrator shall 1. The need for administrative segregation is develop written policies and procedures which provide for based on protecting the welfare of the administrative segregation of inmates who are inmates and staff determined to be prone to: promote activity or behavior that 2. Inmates in need of administrative segregation is criminal in nature or disruptive to facility operations; should be processed immediately for release or demonstrate influence over other inmates, including transfer to an appropriate facility. influence to promote or direct action or behavior that is 3. Upon identification, inmate criteria for criminal in nature or disruptive to the safety and security of segregation includes the following: other inmates or facility staff, as well as to the safe operation a. Prisoners who may cause harm to other of the facility; escape; assault, attempted assault, or prisoners or staff, or may be harmed by other participation in a conspiracy to assault or harm other inmates ☒ ☐ ☐ prisoners, or are prone to escape. or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to b. Mentally disordered persons who appear to be necessary in order to obtain the objective of protecting be a danger to themselves or others. the welfare of inmates and staff. c. Any prisoner placed in a restraint device. d. Any prisoner with communicable disease. e. Vermin infested inmates. 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 In practice, all arrestees are placed in separate secure housing but shall not involve any other deprivation of cells until released or transported. ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL This facility does not contain a safety cell as 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. 0533 Contra Costa Brentwood 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 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 This facility does not contain a safety cell as approval of the facility manager or designee, or responsible described in Title 24, Part 2, Section 1231.2.5. ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be This facility does not contain a safety cell as provided with a suitably designed “safety garment,” to described in Title 24, Part 2, Section 1231.2.5. provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL FPM V. Number of Personnel and Inmate Capacity The sobering cell described in Title 24, Part 2, Section C. Inmate Placement in Sobering Cell 1231.2.4, shall be used for the holding of inmates who are a Prior to the placement of any threat to their own safety or the safety of others due to their ☒ ☐ ☐ inmate in the sobering cell, or as soon as state of intoxication and pursuant to written policies and practical afterward, the on-duty procedures developed by the facility administrator. supervisor shall be advised of such placement. In practice, the sobering cell is seldom used, but is operational. Such inmates shall be removed from the sobering cell as they FPM V. Number of Personnel and Inmate are able to continue in the processing. Capacity C. Inmate Placement in Sobering Cell ☒ ☐ ☐ 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. In no case shall an inmate remain in a sobering cell over six No persons are held in this facility for 6 hours. 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 No one is held in the facility for 12 hours. receive an evaluation by responsible health care staff. ☒ ☐ ☐ Intermittent direct visual observation of inmates held in the All inmates assigned to the sobering cell shall sobering cell shall be conducted no less than every half hour. be checked at least twice during every 30- Such observation shall be documented. minute period, or more frequently as necessary. ☒ ☐ ☐ BSCC Staff requested to review sobering cell logs from the last twelve months. There was no record of a person being held in the sobering cell. 0533 Contra Costa Brentwood 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 FPM XVIII INMATES D. Segregation: g. Developmentally disabled persons when it is The facility administrator, in cooperation with the determined that segregation is necessary for the ☒ ☐ ☐ responsible physician, shall develop written policies and safety of the inmate. 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 BPM 900.3 General Criteria and Supervision center on any inmate suspected or confirmed to be No adult should be in temporary custody for developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ longer than six hours. 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 The facility administrator, in cooperation with the equipped for those inmates requiring "use of responsible physician, shall develop written policies and ☐ ☐ ☒ restraints." These inmates have underlying procedures for the use of restraint devices and may delegate medical or mental health problems and are to be authority to place an inmate in restraints to a responsible transferred to the appropriate medical or mental health care staff. health facility. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. 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. 0533 Contra Costa Brentwood 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 No one is held in this facility after being placed responsible health care staff determines that an inmate in restraints. 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 In practice, no one is held in this facility after being placed in restraints. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after BPM 306.3.2 Restraint of Pregnant Persons delivery shall not be restrained by the use of leg irons, Persons who are known to be pregnant should ☒ ☐ ☐ waist chains, or handcuffs behind the body. be restrained in the least restrictive manner that is effective for officer safety. (2) A pregnant inmate in labor, during delivery, or in Leg irons, waist chains, or handcuffs behind the recovery after delivery, shall not be restrained by the body should not be used unless the officer has a wrists, ankles, or both, unless deemed necessary for the ☒ ☐ ☐ reasonable suspicion that the person may resist, safety and security of the inmate, the staff, or the public. attempt escape, injure self or others, or damage property. (3) Restraints shall be removed when a professional No person who is in labor, delivery, or recovery who is currently responsible for the medical care of a after delivery shall be handcuffed or restrained pregnant inmate during a medical emergency, labor, except in extraordinary circumstances and only ☒ ☐ ☐ delivery, or recovery after delivery determines that the when a supervisor makes an individualized removal of restraints is medically necessary. determination that such restraints are necessary for the safety of the arrestee, officers, or others (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 procedures to ensure inmates have access to the court and to ☒ ☐ ☐ unimpeded access to the courts and legal legal counsel. Such access shall consist of: counsel. Consultations between a prisoner and 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 over 6 hours. 0533 Contra Costa Brentwood 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 (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. 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. (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 Any person in the custody of the Brentwood with the following provisions and within specified ☐ ☐ ☒ Police Department shall not be subject to any timeframes: form of discipline 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 0533 Contra Costa Brentwood 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 Any person in the custody of the Brentwood provided no sooner than 24 hours after the report has Police Department shall not be subject to any been submitted to the disciplinary officer and the inmate form of discipline 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 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 Any person in the custody of the Brentwood Police Department shall not be subject to any The degree of punitive actions taken by the disciplinary form of discipline 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. 0533 Contra Costa Brentwood 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 Any person in the custody of the Brentwood ACTIONS Police Department shall not be subject to any form of 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 Any person in the custody of the Brentwood minimum furnishings and space specified in Title 24, Part 2, Police Department shall not be subject to any 1231.2.6 and 2.7. Occupants shall be issued clothing and form of discipline 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 Any person in the custody of the Brentwood in cases where the inmate has violated correspondence Police Department shall not be subject to any regulations, in which case correspondence may be ☐ ☐ ☒ form of discipline 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. 0533 Contra Costa Brentwood 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 Any person in the custody of the Brentwood Police Department shall not be subject to any Penal Code Section 4019.5 requires that a record is kept of form of discipline 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. 1280 FACILITY SANITATION, SAFETY, AND BPM 900.5 Holding Cells MAINTENANCE A thorough inspection of a cell shall be conducted before placing an individual into the The facility administrator shall develop written policies and cell to ensure there are no weapons or procedures for the maintenance of an acceptable level of ☒ ☐ ☐ contraband and that the cell is clean and cleanliness, repair and safety throughout the facility. Such a sanitary. plan shall provide for a regular schedule of housekeeping FPM XXV. Facility Sanitation tasks and inspections to identify and correct unsanitary or BSCC Staff walked the entire facility. The unsafe conditions or work practices which may be found. facility was clean and well maintained. DETENTION OF MINORS YES NO COMMENTS 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. 0533 Contra Costa Brentwood THJ PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A BPM 323 Temporary Custody of Juveniles MINOR IN AN ADULT DETENTION BPM 323.5 Advisements FACILITY BPM 323.12 Suicide Attempt, Death, or Serious Injury of a Juvenile ☒ ☐ ☐ 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 323.3.2 Suicide Prevention of Juveniles in ☒ ☐ ☐ Custody (b) use of restraints; ☒ ☐ ☐ BPM 323.9 Use of Restraint Devices (c) emergency medical assistance and services; and BPM 323.3.1 Emergency Medical Care of ☒ ☐ ☐ Juveniles in Custody (d) prohibiting use of discipline. BPM 323.8 Temporary Custody Requirements ☒ ☐ ☐ (o) 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; (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. hours or is otherwise 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 BPM 323.7 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. 0533 Contra Costa Brentwood THJ PRO 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS In situations where brief or accidental contact may occur, In situations where brief or accidental contact such as booking or facility movement, facility staff (trained may occur, a member of the Brentwood Police in the supervision of inmates) shall maintain a constant, side- Department (trained in the supervision of ☒ ☐ ☐ by-side presence with the minor or the adult to prevent persons in custody) shall maintain a constant, sustained contact. immediate, side-by-side presence with the juvenile or the adult to minimize any contact. 1145 DECISION ON SECURE CUSTODY BPM 323.11 Secure Custody Only juvenile offenders 14 years of age or older A minor who is taken into temporary custody by a peace may be placed in secure custody. 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 BPM 323.11 Secure Custody serious security risk of harm to self or others, the officer may (a) Age, maturity, and delinquent history ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was (b) Severity of offense for which the juvenile ☒ ☐ ☐ taken into custody; was taken into custody (c) minor's behavior, including the degree to which the (c) The juvenile offender’s behavior ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate (d) Availability of staff to provide adequate supervision or protection of the minor; and ☒ ☐ ☐ supervision or protection of the juvenile offender. (e) the age, type, and number of other individuals who (e) Age, type, and number of other individuals in ☒ ☐ ☐ are detained in the facility. custody at the facility 1146 CONDITIONS OF SECURE CUSTODY BPM 323.1.1 Definitions Secure custody - When a juvenile offender is While in secure custody, minors may be locked in a room or ☒ ☐ ☐ held in a locked room, a set of rooms, or a cell. other secure enclosure, secured to a cuffing rail, or otherwise Secure custody also includes being physically reasonably restrained as necessary to prevent escape and secured to a stationary object. 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; and (b) Juveniles shall have constant auditory ☒ ☐ ☐ access to department members. 0533 Contra Costa Brentwood 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 (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. (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 BPM 323.11 Secure Custody CUSTODY OUTSIDE OF A LOCKED When practicable and when no locked ENCLOSURE enclosure is available, handcuffing one hand of a juvenile offender to a fixed object while ☒ ☐ ☐ Minors held in secure custody outside of a locked otherwise maintaining the juvenile in non- enclosure shall not be secured to a stationary object for secure custody should be considered as the more than 60 minutes unless no other locked enclosure is method of secure custody. available. A staff person from the facility shall provide constant An employee must be present at all times to direct visual observation to assure the minor's safety while ☒ ☐ ☐ ensure the juvenile’s safety while secured to a secured to a stationary object. stationary object. Securing minors to a stationary object for longer than 60 Juveniles shall not be secured to a stationary minutes, and every 30 minutes thereafter, shall be object for more than 60 minutes. Supervisor approved by a supervisor. ☒ ☐ ☐ approval is required to secure a 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 Supervisor approval should be documented. 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 323.1.1 Definitions CUSTODY When a juvenile is held in the presence of an officer or other custody employee at all times Minors held in temporary custody, who do not meet the and is not placed in a locked room, cell, or criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ behind any locked doors. 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 323.1.1 Definitions SECURE CUSTODY Juveniles in non-secure custody may be handcuffed but not to a stationary or secure Minors held in non-secure custody shall receive constant object. Personal supervision, through direct direct visual observation by staff of the law enforcement ☒ ☐ ☐ visual monitoring and audio two-way facility. Entry and release times shall be documented and communication is maintained. made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 0533 Contra Costa Brentwood 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 1151 MINORS UNDER THE INFLUENCE OF BPM 323.3 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. Supervision of minors in secure custody in a locked room BPM 323.11.1 Locked Enclosures who display outward signs of being under the influence of (d) Unscheduled safety checks to provide for drugs, alcohol or any other intoxicating substance shall the 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 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 BPM 323.11 Secure Custody outward signs of being under the influence of drugs, alcohol An employee must be present at all times to ☒ ☐ ☐ or any other intoxicating substance shall be supervised in ensure the juvenile’s safety while secured to a accordance with Section 1150. stationary object. 0533 Contra Costa Brentwood 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 Number of violations: 0 investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ Number of violations:0 enforcement facility for longer than six hours. 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ 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. 0533 Contra Costa Brentwood 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: 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: July 15, 2021 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 height of 8 feet or more X Contains a water closet (toilet) wash basin and drinking fountain as specified by these regulations X 0533 Contra Costa Brentwood THJ PHY 20-22 - 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 X facility. 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 X of 1:16 in holding and staging cells. See regulation for calculations of washbasin trough substitutions. 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 0533 Contra Costa Brentwood THJ PHY 20-22 - 2 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) TITLE 24 SECTION YES NO N/A COMMENTS 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 X between pans; constructed of pan bottom type or concrete; 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. Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per X inmate. 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 Contra Costa Brentwood THJ PHY 20-22 - 3 - 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: July 15, 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 Cells 1-4 Holding 2001 4 - (4) (16) 6.33 x 11.25 x 9’ 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) 7.33 x 11.25 x 9’ 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) 7.25 x 11.25 x 9’ 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. *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 Contra Costa Brentwood THJ LASE 20-22 - 1 - A360 LAS Adult.dot (03/01)