Contra Costa County, Concord Police Department (2016-2018 inspection cycle)

May 21, 2018 Guy Swanger, Chief of Police Concord Police Department 1350 Galindo Street Concord, CA 94520 2016-2018 BIENNIAL INSPECTION PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Swanger: On April 18, 2018, staff of the California Board of State and Community Corrections (BSCC) conducted the 2016- 2018 biennial inspection of the Concord Police Department temporary holding facility pursuant to Penal Code Section 6031 and Welfare and Institutions Code (WIC) Section 209. The jail was inspected for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requirements for holding minors. The inspection consisted of a review of applicable policies and procedures governing the operation of the facility, staff interviews, a review of documentation to verify that your practices follow your written procedures, and a walk- through of the physical plant. The complete BSCC inspection report is enclosed and consists of: • This transmittal letter; • The Procedures Checklist outlining applicable Title 15 sections; • The Physical Plant Evaluation outlining Title 24 requirements for design; and, • The Living Area Space Evaluation that summarizes the detention facility’s physical plant configuration. We encourage the practice of maintaining a permanent file for historical copies of all inspections. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code § 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. FIRE INSPECTION: The Contra Costa County Fire Protection District conducted the fire and life safety inspection on January 5, 2018 and fire clearance was granted. 0535 CC Concord PD THJ PRO 2016-18 Guy Swanger, Chief of Police Page 2 HEALTH INSPECTIONS: The county health department conducted or scheduled the following inspections. Environmental Health Medical /Mental Health Nutritional Concord Police Department May 2, 2018 May 2, 2018 N/A The environmental health and medical/mental health inspections were conducted on May 2, 2018 and the county health officer is in the process of completing the reports. We would appreciate receiving copies of the completed reports. BSCC INSPECTION PHYSICAL PLANT: The Concord Police Department city jail was constructed as a Type I facility under the 1997 Title 24 standards,1 but it operates as a temporary holding facility. On the day of the inspection, there were two inmates in the facility. The facility has separate holding areas for adults and juveniles. The adult area consists of ten holding cells. Seven cells have beds and there is one sobering cell and one safety cell. The juvenile area consists of five holding cells. Three holding cells (J1, J2 and J3) are “dry cells” and two cells (JC1 and JC2) are furnished with a toilet, washbasin and fountain. The facility was very clean, and we did not observe or note any issues of noncompliance. POLICY REVIEW: BSCC reviewed the relevant sections of agency policy to ensure that applicable Title 15 regulations were addressed2. During our limited review, we found no issues of non-compliance. PROCEDURES REVIEW: BSCC continued its inspection by reviewing procedures and practices at the facility to evaluate compliance with applicable regulations. This included reviewing temporary holding facility training requirements; number of personnel and hourly safety checks; local inspections, inmate screening and classification. During our review of supporting documentation, we did not identify any issues of noncompliance. Please refer to the Procedures Checklist for additional details. 1 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel. 2 BSCC does not review all your policies and procedures. We only review those policies related specifically to the applicable regulations included in Title 15, Minimum Standards for Local Detention Facilities for issues of non- compliance. We do not “approve” your policies nor do we review them for Constitutional or legal issues. We recommend agencies seek policy review through their legal advisor, risk manager, and other persons deemed appropriate. 0535 CC Concord PD THJ PRO 2016-18 Guy Swanger, Chief of Police Page 3 JUVENILE INSPECTION: Pursuant to WIC§ 209, we reviewed applicable policy, procedures, practices and supporting documentation to comply with Title 15 Article 9, Minors in Custody in a Law Enforcement Facility. Juveniles are held in secure detention in holding cells J1, J2, J3, JC1 and JC2 in the temporary holding facility. The arresting officer maintains side by side supervision of the juvenile from the vehicle sally port until they are placed in a holding cell. During the past twelve months, one minor was held in secure detention and seventy-six minors were held in nonsecure detention. We did not note any violation of regulation or state law. Please refer to the Procedures Checklist under Detention of Minors for further details. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT COMPLIANCE MONITORING: In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). After our review, we determined there was no violation of federal law. ____________________ This concludes our inspection report for the 2016-2018 inspection cycle. If you have any questions, or we can be of further assistance, please contact your assigned field representative Michael Bush at (916) 324-9861 or email: michael.bush@bscc.ca.gov Sincerely, ROBERT TAKESHTA, Retired Annuitant Facility Standards and Operations Division Phone: (916) 709-3950 E-mail: RobertTakeshta@bscc.ca.gov Enclosures cc: Chair Person, City Council, City of Concord* City Manager, City of Concord* Presiding Judge, Superior Court, County of Contra Costa* Grand Jury Foreperson, Superior Court, County of Contra Costa* Lieutenant Sam Staten* 0535 CC Concord PD THJ PRO 2016-18 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0535 FACILITY NAME: Concord Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Lieutenant Sam Staten and Community Service Officer Justin Cooper FIELD REPRESENTATIVE: Robert Takeshta DATE: April 17, 2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1024 COURT HOLDING AND TEMPORARY Policy 3.01(c) Jail Operations Training HOLDING FACILITY TRAINING All personnel who are responsible for supervising inmates, and supervisors with custodial responsibilities, complete the eight hours of specialized training outlined in this X regulation within six (6) months of assignment. Successful completion of training, pursuant to Section 1020 of these regulations, may be substituted for the initial eight hours of training. Eight hours of refresher training is completed every two Policy 3.01(c)(ii) years. Successful completion of training, pursuant to Staff assigned to the jail received eight-hour Section 1025 of these regulations, may be substituted for X refresher training on July 14, 2017. the eight-hour refresher. 1027 NUMBER OF PERSONNEL Policy 3.03 Number of Personnel 1 Lieutenant There are sufficient personnel on duty at all times 5 Jailers X (whenever there is an inmate in custody) to ensure the 2 Part Time CSO (backfill coverage) implementation and operation of all programs and activities required by these regulations. There is a written plan that includes the documentation of Policy 3.08(k) Community Service Officer hourly safety checks. Responsibilities X The CSO shall conduct a visual observation check every 30 minutes and document it in the jail log. There is at least one employee on duty at all times, who Policy 3.03(a) shall be immediately available and accessible with the X ability to respond to any inmate in the event of an emergency. Whenever one or more female inmates are in custody, there Policy 10.02(c) Booking Safety is at least one female employee immediately available and There are two female jailers and female officers accessible. X available. If a female staff member is not Note: Reference PC § 4021. readily available in the building, the female prisoner will be transported to the county jail. 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. 0535 CC Concord PD THJ PRO.docx 2016-18 - 1 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS A staffing plan is available which indicates personnel Policy 3.04 Staffing assigned and their duties. X 1028 1028 FIRE AND LIFE SAFETY STAFF Policy 3.05 Fire and Life Safety Staff Whenever there is an inmate in custody, there is at least X one person on duty at all times who meets the BSCC training standards for general fire and life safety. There is at least one person on duty who trained in fire and Policy 3.05(a) Fire and Life Safety Staff life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 2 Concord Police Department General Order 47 – Jail Manual, Section 3.06 Policy and There is a published manual of policies and procedures for X Procedures Manual the facility that addresses applicable regulations and includes: Table of organization, including channels of Policy 3.06(b)(i) X communications; Inspections and operations reviews by the facility Policy 3.06(b)(ii) X administrator/manager; Use of force; X Policy 3.06(b)(iii) Use of restraint equipment, including the restraint of Policy 3.06(b)(iii) pregnant inmates; X Note: Reference PC § 6030(f); Screening newly received inmates for release Policy 3.06(b)(iv) X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: Policy 3.08(k)(i) X Physical counts of inmates; Searches of the facility; X Policy 10.5(b) Searches of inmates; X Policy 3.06(b)(v) Contraband control; and, X Policy 10.02(j) Key control. X Policy 10.05(f) At least annually, the facility administrator reviews, Policy 3.06(b)(v) evaluates and documents internal and external security X measures. Emergency procedures, including: X Policy 3.06(b)(vi) Escape; X Policy 10.06 Disturbances; X Policy 10.06 Taking of hostages; X Policy 10.06 Civil disturbance; X Policy 3.06(b)(vi)3) Natural disasters; X Policy 10.07 Periodic testing of emergency equipment; X Policy 3.06(b)(vi)5) Storage, issue and use of weapons, ammunition, Policy 3.06(b)(vi)6) X chemical agents; and, Storage, issue and use of security devices. X Policy 3.06(b)(vi)6) Suicide prevention; and, X Policy 3.06(b)(vii) Segregation of inmates. X Policy 3.06(b)(viii) The manual is available to all employees. X Policy 3.06(a) 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0535 CC Concord PD THJ PRO.docx 2016-18 - 2 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS The manual is comprehensively reviewed and updated at Policy 3.06(a) least every two years. X 1032 FIRE SUPPRESSION PREPLANNING Policy 3.07 Fire Suppression Pre-planning There is a fire suppression pre-plan that has been developed X in consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff Policy 3.07(b) Fire Suppression Pre-planning X with a two-year retention of the inspection record; A fire prevention inspection is conducted daily. Fire prevention inspections at least once every two The Contra Costa County Fire Protection years; District conducted the fire and life safety X Note: Reference Health and Safety Code Section inspection on January 5, 2018 and fire 13146.1(a) and (b); clearance was granted. An evacuation plan; and, X Policy 3.07(d) A plan for the emergency housing of inmates in the Policy 3.07(d)(iii) event of a fire. X Prisoners would be transported to the county jail. 1044 INCIDENT REPORTS Policy 4.02 Incident Reports There are written policies and procedures for the maintenance of written records and reporting of all incidents that result in physical harm, or serious threat of X physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and Policy 4.02(b) Incident Reports submitted to the facility manager or his/her designee. X 1046 DEATH IN CUSTODY Policy 4.02(c) X Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or Policy 4.02(d) manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the Policy 4.02(e) facility provides the Board of State and Community Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN Policy 5.01 Classification Plan X The facility has a written classification plan designed to properly assign inmates to housing units and activities. Includes receiving screening performed at intake by trained X personnel. 0535 CC Concord PD THJ PRO.docx 2016-18 - 3 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Includes maintenance of a record of each inmate's Documented on the Booking/Housing Report classification level, housing restrictions and housing form. X assignments. 1051 COMMUNICABLE DISEASES Policy 5.01(a)(iii) Classification Plan This policy states, prisoners known or There are written policies and procedures specifying those X suspected to have a communicable disease will symptoms that require segregation of an inmate until a be transported to the county jail. medical evaluation can be completed. An inquiry is made to determine if the inmate has or has had any communicable diseases, or has observable symptoms of communicable diseases, including but not X limited to tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or The inmate’s response is documented on the screening device. X Medical Receiving Report. 1052 MENTALLY DISORDERED INMATES Policy 8.04 Mental Health Services This policy states, all prisoners requiring There are written policies and procedures for the X mental health/developmental disability services identification and evaluation of all mentally disordered shall be transported to Contra Costa Mental inmates. Health Services prior to their transport to the county jail. An evaluation by health care staff occurs within 24 hours of identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety of the inmate or others. X 1053 ADMINISTRATIVE SEGREGATION Policy 5.02(c) Management of Disruptive Inmates There are written policies and procedures, which provide Inmates who display these tendencies will be for administrative segregation of inmates who are X transported to county jail. determined to be prone to: escape; assault staff or other inmates; disrupt operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting X inmates and staff. 1055 USE OF SAFETY CELL Policy 5.04 Use of Safety Cell The safety cell, specified in Title 24, Part 2, Section 1231 X 2.5, is used only to hold inmates who display behavior that results in the destruction of property or reveals an intent to cause physical harm to self or others. There are written policies and procedures, written by the facility administrator in cooperation with the responsible X physician, governing safety cell use. Safety cells are not used for punishment or as a substitute Policy 5.04(e) X for treatment. Placement requires the approval of the facility manager or Policy 5.04(a) X watch commander, or a designated physician. 0535 CC Concord PD THJ PRO.docx 2016-18 - 4 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS There are written procedures that assure necessary nutrition Policy 5.04(f) X and fluids are administered. Inmates are allowed to retain sufficient clothing or are Policy 5.04(g) provided with a “safety garment” to provide for personal X privacy unless risks to the inmate's safety or facility security are documented. Direct visual observation is conducted at least twice every Policy 5.04(h) X 30 minutes and is documented. Continued retention of inmate is reviewed a minimum of Policy 5.04(d) every eight hours by the facility manager or watch X commander, or a designated physician. A medical assessment is secured within 12 hours of Policy 5.04(d) placement in this cell or at the next daily sick call, X whichever is earliest, and medical clearance for continued retention is secured every 24 hours thereafter. A mental health opinion on placement and retention is Policy 5.04(d) secured within 24 hours of placement. X This policy states, no prisoner shall be housed within the safety cell for more than eight hours. 1056 USE OF SOBERING CELL Policy 5.05 Use of Sobering Cell The sobering cell, specified in Title 24, Part 2, Section 1231 2.4 is used only for holding inmates who are a threat X to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures. Intermittent direct visual observation of inmates in sobering Policy 5.05(b)(iv) cells conducted no less than every half hour and is X documented. An evaluation by a medical staff person or by custody staff, Policy 5.05(b)(iii) pursuant to written medical procedures in accordance with This policy states, in no case shall an inmate Section 1213 of these regulations, occurs whenever any X remain in the sobering cell over six hours… inmate is retained in a sobering cell for more than six hours. Such inmates are removed from the sobering cell when Policy 5.05(b)(ii) they are able to continue with processing. X 1057 DEVELOPMENTALLY DISABLED Policy 8.04 Mental Health Services INMATES This policy states, all prisoners requiring mental health/developmental disability services X There are written procedures for identification and shall be transported to Contra Costa Mental evaluation of all developmentally disabled inmates. Health Services prior to their transport to the county jail. A contact to the regional center occurs within 24 hours when an inmate is suspected or confirmed to be X developmentally disabled. 1058 USE OF RESTRAINT DEVICES The Wrap maybe used to control and transport an inmate to county jail. There are written policies and procedures for the use of X restraint devices that include: The remainder of the text for this regulation is deleted from this checklist. 0535 CC Concord PD THJ PRO.docx 2016-18 - 5 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1067 ACCESS TO TELEPHONE Policy 6.02 Access to the Telephone There are written policies and procedures that allow X reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS Policy 6.05(a)(iv) Visitation /Attorney Interviews There are written policies and procedures that ensure the X inmate's right to confidential consultation with attorneys. 1081 PLAN FOR INMATE DISCIPLINE (WA) Policy 7.01 Plan for Inmate Discipline There are written policies and procedures for inmate discipline. (This may be waived by written policy X stating that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 0535 CC Concord PD THJ PRO.docx 2016-18 - 6 - A352 TH PRO eff. 9/2012.dot DETENTION OF MINORS YES NO N/A Are minors held in this facility? Minors are held in secure custody in the juvenile holding area within the temporary holding facility. If YES, then the core requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the X provisions of Title 15, Article 9, Minors in Detention in a Law Enforcement Facility apply and will be inspected for. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS X Status offenders, non-offenders, alien juveniles, civil-type juveniles are not to be held in secure detention. Number of violations: None Reference: WIC 206 & 207 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles may not be confined or detained in any facility in which they have contact with adult prisoners. X Number of violations: None Reference: WIC 208 42 USC 5633 SECTION 223(a)(13) JAIL REMOVAL (SIX-HOUR HOLD EXCEPTION) During the previous calendar year, minors are securely X detained for a period not to exceed six hours. Number of violations: None Reference: WIC 207.1(d)1(B) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1142 WRITTEN POLICIES AND PROCEDURES X Written policies and procedures concerning minors held in temporary custody address: suicide risk and prevention; Section 5.07 Classification and Detention of X Juveniles (b)(iv) use of restraints; Section 5.07 Classification and Detention of X Juveniles (b)(iv) emergency medical assistance and services; and, Section 5.07 Classification and Detention of X Juveniles (b)(ix) prohibiting use of discipline. Policy 7.01 Plan for Inmate Discipline Policy section 5.07 Classification and Detention X is being revised to include the prohibition of discipline for juveniles. 0535 CC Concord PD THJ PRO.docx 2016-18 - 7 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1143 CARE OF MINORS IN TEMPORARY Section 5.07 Classification and Detention of CUSTODY Juveniles (x)(4) X The following are made available to all minors held in temporary custody: access to toilets and washing facilities; one snack upon request during term of temporary Section 5.07 Classification and Detention of custody if the minor has not eaten within the past (4) X Juveniles (x)(1) hours or is otherwise in need of nourishment; access to drinking water; Section 5.07 Classification and Detention of X Juveniles (x)(5) privacy during consultations with family, guardian, or Section 5.07 Classification and Detention of X lawyer. Juveniles (x)(2) blankets and clothing, as necessary, to assure the Section 5.07 Classification and Detention of X comfort of the minor; and, Juveniles (b)(ii)4 his or her personal clothing unless the clothing is Section 5.07 Classification and Detention of inadequate, presents a health or safety problem, or is Juveniles (b)(ii)3 X required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND Section 5.07 Classification and Detention of ADULT PRISONERS Juveniles (b)(iii) Policies and procedures ensure that there is no physical or X sustained sight or sound contact between juveniles and adults confined in the facility. Reference: WIC 208 In situations where brief or accidental contact may occur, Section 5.07 Classification and Detention of such as booking or facility movement, facility staff (trained Juveniles (b)(iii)(2) in the supervision of inmates) shall maintain a constant, X side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY Section 5.07 Classification and Detention of Juveniles (C) Criteria for Secure Detention (Rules) Minors are held in secure custody in a law enforcement facility only if the minor is in custody for an offense X described by WIC § 602, is at least 14 years of age, and presents a serious security risk of harm to self or others. Reference: WIC 207.1 (d) 1 Factors to be considered when determining if the minor Section 5.07 Classification and Detention of presents a serious security risk to self or others are: age, Juveniles (C) Criteria for Secure Detention maturity and delinquent history; severity of offense for (Rules) which taken into custody; minor’s behavior; availability of X staff to provide adequate supervision or protection of the minor; and, age, type and number of other individuals detained at the facility. 0535 CC Concord PD THJ PRO.docx 2016-18 - 8 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1146 CONDITIONS OF SECURE CUSTODY Section 5.07 Classification and Detention of Juveniles (C)(iii) While in secure custody, a minor may be locked in a room or other secure enclosure, secured to a cuffing rail, or otherwise X reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE Section 5.07 Classification and Detention of CUSTODY INSIDE A LOCKED Juveniles (C) Criteria for Secure Detention ENCLOSURE (Rules) X Minors must receive adequate supervision which includes: Constant auditory access to staff by the minor; and, documented, safety checks are conducted by staff at Section 5.07 Classification and Detention of least once every 30 minutes. Juveniles (C) Criteria for Secure Detention X (Rules) (C)(iii)1 Reference: WIC 207.1(d)1(E) Males and females are not placed in the same locked Section 5.07 Classification and Detention of room unless they are under constant direct visual Juveniles (C)(iii)1(a) X observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE Section 5.07 Classification and Detention of CUSTODY OUTSIDE OF A LOCKED Juveniles (C)(iii)(2) ENCLOSURE X Minors held in secure custody outside of a locked enclosure are not secured to a stationary object for more than 60 minutes unless no locked enclosure is available. A staff person from the facility shall provide constant Section 5.07 Classification and Detention of direct visual observation to assure the minor’s safety X Juveniles (C)(iii)(2) while secured to a stationary object. Securing minors to a stationary object for longer than 60 Section 5.07 Classification and Detention of minutes, and every 30 minutes thereafter is approved by a X Juveniles (C)(iii)(2) supervisor and documented. The decision to secure a minor to a stationary object for Section 5.07 Classification and Detention of longer than 60 minutes and every 30 minutes thereafter is Juveniles (C)(iii)(2) X based on the best interests of the minor. 1150 SUPERVISION OF MINORS IN NON- Section 5.07 Classification and Detention of SECURE CUSTODY Juveniles (D) Criteria for Non-Secure Custody X Minors held in non-secure custody receive constant direct visual observation by staff of the law enforcement facility. Monitoring a minor using audio, video, or other electronic Section 5.07 Classification and Detention of X devices does not replace direct visual observation. Juveniles (D)(iii) Entry and release times are documented and available for Section 5.07 Classification and Detention of review. X Juveniles (D)(iii) 0535 CC Concord PD THJ PRO.docx 2016-18 - 9 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1151 MINORS UNDER THE INFLUENCE OF ANY Section 5.07 Classification and Detention of INTOXICATING SUBSTANCE IN SECURE Juveniles (E) OR NON-SECURE CUSTODY Facility administrators shall develop policies and X procedures providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance by any substance, to the extent that they are unable to care for themselves. Supervision includes safety checks at least once every 15 Section 5.07 Classification and Detention of minutes until resolution of the intoxicated state, with the Juveniles (E)(1) X actual time of each personal observation documented. 1047 SERIOUS ILLNESS OR INJURY OF A Section 5.07 Classification and Detention of MINOR IN AN ADULT DETENTION Juveniles (ix) FACILITY There are policies and procedures for notifying the court and X the parent, guardian or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death or a minor in custody. 0535 CC Concord PD THJ PRO.docx 2016-18 - 10 - A352 TH PRO eff. 9/2012.dot Facilities 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 Number of violations: juvenile 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: 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, and of the maximum six-hour period and secure Number of violations: detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the facility is restricted in accordance with WIC Section Number of violations: 208. 207.1(d)(1)(E) SUPERVISION The minor is adequately supervised. Number of violations: 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 Number of violations: time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the law enforcement facility for longer than six hours. Number of violations: 0535 CC Concord PD THJ PRO.docx 2016-18 - 11 - A352 TH PRO eff. 9/2012.dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 0535 FACILITY NAME: Concord Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1991 FIELD REPRESENTATIVE: Robert Takeshta DATE: April 17, 2018 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) 01: name change to “Sobering Cell” X Limited to no more than 8 inmates Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) X Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet X Limited to no more than one inmate X 0535 CC Concord THJ PHY.docx 2016-18 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Contain flush ring toilet (flush with floor) with controls located outside the cell X Padded floor, door and walls X Equipped with variable intensity, security light, with controls located outside the cell X Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell door (Facility X planned or constructed prior to 8-86) Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which must be in X the door (Facility planned or constructed after 8-86; See regulations for later changes)) Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at least 30 X inches above the floor Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) X For facilities planned or constructed after 8-86 Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available 0535 CC Concord THJ PHY.docx 2016-18 - 2 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 0535 CC Concord THJ PHY.docx 2016-18 - 3 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 0535 FACILITY: Concord Police Department TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Robert Takeshta DATE: April 17, 2018 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 Note: This facility is operated as a Temporary Holding Facility (24-hour maximum holding) but was originally constructed to comply with physical plant requirements for a Type I (96 hour) facility. One shower is available in the detention area. Booking S-1 Safety 1991 1 - 1 (1) 8.0' x 6.0' H-5 Holding 1991 1 - 4 (4) 10.3' x 4.0' H-6 Holding 1991 1 - 4 (4) 10.0' x 4.0' Note: Two dry cells, used for pre-booking; toilet/water accessible; 6' bench in each cell D-1 Sobering 1991 1 - 7 (7) 12.5' x 11.5' 1 1 1 Adult Holding Area F 1-3, 6-7 Holding 1991 5 2 4 (20) 11.5' x 7.0' 1 1 1 H-1 Holding 1991 1 - 8 (8) 16' x 10' 1 1 1 F-4 Holding 1991 1 2 4 (4) 11.5'x 9.0' 1 1 1 F-5 Holding 1991 1 1 4 (4) 11.5' x 8.5' 1 1 1 Holding 1 Area Note: Adult holding cells have one or two bunks; the above ratings reflect using the bottom bunk for bench seating (18 inches per inmate). Regulations require that a bunk be provided for inmates who are held longer than 12 hours (Title 24, Section 470A.2.27). When these cells are used for 12-hour holding, the cell capacity is one inmate. Although some cells currently have two bunks, the second bunk is so high that, as a practical matter, it is not safely accessible. When the top bunk is lowered (currently planned), the rating could be two inmates. There is one shower in the holding area. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of 0535 CC Concord THJ LAS.docx - 1 - A360 LAS Adult.dot (03/01) 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 Juvenile Holding Area This is a separate section of the detention area. The area is assessed using the adult physical plant regulations. J1 & J2 Holding 1991 2 (4) 5.0' x 7.8' J3 Holding 1991 1 (6) 5.5' x 7.8' Note: Three holding cells are dry cells, with access to water/toilet in the juvenile holding area. Capacity is limited to bench space: 43" in the first holding cell and 60 inches in the remaining two holding cells. In addition to these three dry cells, there is a 26 square foot, non-rated pre-booking space in the juvenile area. JC 2 Holding 1991 1 (4) 8.0' x 5.0' 1 1 1 JC 1 Holding 1991 1 (5) 11.0' x 5.0' 1 1 1 *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of 0535 CC Concord THJ LAS.docx - 2 - A360 LAS Adult.dot (03/01)