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

April 5, 2020 Guy Swanger, Chief Concord Police Department 1350 Galindo Street Concord, CA 94520 2018-2020 BIENNIAL INSPECTION OF CONCORD POLICE DEPARTMENT, CONCORD POLICE TEMPORARY HOLDING FACILITY JAIL, PENAL CODE 6031 Dear Chief Swanger, On February 27, 2020, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Concord Police Department Temporary Holding Facility. A pre-inspection briefing was held on January 23, 2020. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation outlining Title 24 requirements for design; and, a Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your office under a separate cover. Inspection Date Fire and Life Safety January 21, 2020 Medical and Mental Health December 17, 2019 Environmental Health December 17, 2019 BSCCINSPECTION Concord Police Department LTR; 18-20 Chief Swanger Concord Police Department Page 2 The inspection consisted of a review of the Concord 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 2019, 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 2018-2020 biennial inspection cycle of the Concord Police Department Temporary Holding Facility. We would like to express our gratitude to Lieutenant Sam Staten and the Community Services Officers/Jailers 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) 323-2613 or email at dale.miller@bscc.ca.gov. Sincerely, Dale A. Miller Digitally signed by Dale A. Miller Date: 2020.04.15 13:17:02 -07'00' DALE MILLER Field Representative Facilities Standards and Operations Division 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 0535 Concord Police Department LTR; 18-20 Chief Swanger Concord Police Department Page 3 Enclosures cc: Chair, 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, Concord Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0535 Concord Police Department LTR; 18-20 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 FIELD REPRESENTATIVE: Dale Miller DATE: February 27, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Concord Jail Manual (CJM) 3.01 Jail HOLDING FACILITY TRAINING Operations Training (c) Custodial personnel who are responsible Custodial personnel who supervise inmates in, and for inmates held in the Concord Police supervisors of, a Court Holding or Temporary Holding Department temporary holding facility shall facility shall complete 8 hours of specialized training. Such satisfactorily complete eight hours of training shall include, but not be limited to: specialized training. Such training shall be (a) applicable minimum jail standards; completed as soon as practical and, in any (b) jail operations liability; ☒ ☐ ☐ event, not more than six months after the (c) inmate segregation; date of the assigned responsibility. (d) emergency procedures and planning, fire and life (ii) Eight hours of POST-certified refresher safety; and, training shall be completed once every two (e) suicide prevention. years. Each agency shall determine if additional training is needed 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 Community Services Officers (CSO) that any event not more than six months after the date of assigned work the lockup have received initial eight responsibility, or the effective date of this regulation. hours training. 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 BSCC Staff reviewed training records. All every two years. Successful completion of the requirements CSOs were trained on 06/07/2019. ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL CJM 3.03 Number of Personnel BSCC staff reviewed personnel roster and three A sufficient number of personnel shall be employed in each months of safety checks on inmates. Safety ☒ ☐ ☐ local detention facility to ensure the implementation and checks are random and within requirements. operation of the programs and activities required by these Staffing levels are adequate for this facility. regulations. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at CJM 3.03(a) Whenever there is an inmate in least one employee on duty at all times in a local detention custody, there shall be at least one Community facility or in the building which houses a local detention Service Officer on duty. The Community ☒ ☐ ☐ facility who shall be immediately available and accessible to Service Officer shall be immediately available inmates in the event of an emergency. and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which CJM 3.03 Community Service Officer shall not would conflict with the supervision and care of inmates in have any other duties that would conflict with ☒ ☐ ☐ the event of an emergency. the supervision and care of inmates in an emergency Whenever one or more female inmates are in custody, there CJM 5.01 Classification Plan shall be at least one female employee who shall be In the event there is not a female Community immediately available and accessible to such females. Service Officer (Jailer) on-duty in the jail ☒ ☐ ☐ Note: Reference PC§ 4021. facility, a gender specific (female) employee will be made available to respond to the female prisoners needs immediately. To determine if there is a sufficient number of personnel for The facility manager has conducted an annual a specific facility, the facility administrator shall prepare and review of staffing. retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS BSCC staff reviewed three random months of safety checks during the last two years. Safety checks shall be conducted at least hourly through ☒ ☐ ☐ Intermittent direct visual observation of inmates held are conducted no less than every 60 direct visual observation of all inmates. There shall be no minutes. more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF CJM 3.05 Fire and Life Safety Staff Whenever there is an inmate in custody there Whenever there is an inmate in custody, there shall be at shall be at least one person on duty at all times ☒ ☐ ☐ least one person on duty at all times who meets the training who meets the training standards. standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one All personnel receive training on fire and life person on duty who trained in fire and life safety procedures ☒ ☐ ☐ safety. that relate specifically to the facility. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Concord Police Department Jail Manual Temporary Holding Facility: General Order 47 Facility administrator(s) shall develop and publish a manual Reviewed February 2020. of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of CJM, Article III. Training, Personnel, and ☒ ☐ ☐ communications. Management (2) Inspections and operations reviews by the facility CJM 3.06 (i) The designated facility manager administrator/manager. shall conduct regular inspections of the jail ☒ ☐ ☐ facility and complete a written annual inspection of the jail and keep inspection records on file. (3) Policy on the use of force. Concord Police Manual (CPM) General Order ☒ ☐ ☐ 35 (4) Policy on the use of restraint equipment, including the restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received CPM General Procedure 3 Arrest and Booking inmates for release per Penal Code sections 849(b)(2) and Procedure ☒ ☐ ☐ 853.6, and any other such processes as the facility Watch Commander reviews releases. administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, A head count of prisoners shall be done every ☒ ☐ ☐ eight hours and/or at the exchange of shifts. (B) searches of the facility and inmates, ☒ ☐ ☐ (C) contraband control, and, CJM 3.08 Community Service Officer ☒ ☐ ☐ Responsibility (D) key control. ☒ ☐ ☐ Each facility administrator shall, at least annually, review, Administrator’s Annual Security Review was evaluate, and make a record of security measures. The review completed on February 16, 2020. and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: CJM 3.07 Fire Suppression Pre-planning (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; CJM 10.06 Escape, Disturbance, Hostage ☒ ☐ ☐ Situation (C) mass arrests; ☒ ☐ ☐ CJM 3.02 Rated Capacity of Facility (D) natural disasters; ☒ ☐ ☐ CJM 10.07 Natural Disaster 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ Emergency procedures (F) storage, issue, and use of weapons, ammunition, CJM 10.04 Chemical Weapon/Taser Storage ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ CJM 8.03 Suicide Prevention Program (9) Segregation of Inmates. ☒ ☐ ☐ CJM 5.01 Classification Plan (10) Zero tolerance in the prevention of sexual abuse and CPM PREA Policy Concord Police Department sexual harassment. ☒ ☐ ☐ has zero tolerance toward all forms of sexual abuse and sexual harassment. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, CPM PREA Policy Reporting Sexual Abuse Type I, II, III, and IV facilities shall provide for, but not be and Harassment limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, CPM PREA Policy Reporting Sexual Abuse community members, and other interested third-parties and Harassment to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM CJM 8.03 Suicide Prevention Program The facility shall have a comprehensive written suicide BSCC Staff reviewed intake questions and all prevention program developed by the facility administrator, inmates are asked suicide prevention questions ☒ ☐ ☐ in conjunction with the health authority and mental health by officers. director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct All staff has received training. ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon CJM 3.08 Community Services Officer ☒ ☐ ☐ intake and prior to housing assignment. Responsibility (c) Provisions facilitating communication among CJM 3.08 Community Services Officer arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ Responsibility mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ CJM 5.01 Classification Plan (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ CJM 5.04 Use of the Safety Cell (f) Suicide attempt and suicide intervention policies and CJM 8.03 Suicide Prevention Program ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ CJM 4.02 Incident Reports (h) Multi-disciplinary administrative review of suicides and CPD General Procedure 57 attempted suicides as defined by the facility ☒ ☐ ☐ Contra Costa County Multi-Agency review administrator. procedure. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING 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 Fire suppression response including, but not department to be included as part of the policy and procedures limited to, training involving smoke and fire manual (Title 15, California Code of Regulations Section ☒ ☐ ☐ detectors/alarms, fire extinguishers, fire hoses to 1029); one and one-half inches and air packs. (b) regular fire prevention inspections by facility staff on a Fire Prevention inspects are performed by monthly basis with two-year retention of the inspection ☒ ☐ ☐ dayshift staff daily and indicated on the daily record; activity log. (c) fire prevention inspections as required by Health and Fire prevention inspections will be conducted at Safety Code Section 13146.1(a) and (b) which requires least once every two years with the assistance inspections at least once every two years; ☒ ☐ ☐ of a State Fire Marshal or member of the Contra Costa County. Inspection was completed on January 21, 2020. (d) an evacuation plan; and, Evacuation plans are posted in the control ☒ ☐ ☐ room. (e) a plan for the emergency housing of inmates in the case of All inmates will be transported to the Contra ☒ ☐ ☐ fire. Costa County Sheriff’s Main Detention Facility. 1044 INCIDENT REPORTS CJM 4.02 Incident Reports Written record of all incidents which result in Each facility administrator shall develop written policies and physical harm or serious threat of physical harm procedures for the maintenance of written records and ☒ ☐ ☐ to any employee, inmate, or other person in the reporting of all incidents which result in physical harm, or holding facility, and/or damage to City serious threat of physical harm, to an employee or inmate of property. a detention facility or other person. Such records shall include the names of the persons There was one incident report completed in the involved, a description of the incident, the actions taken, and ☒ ☐ ☐ last twelve months and was being maintained the date and time of the occurrence. by the Professional Standards Unit. 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 CPD General Procedure 57 Death in Custody Contra Costa County Multi-Agency review (a) Death in Custody Reviews for Adults and Minors. procedure. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody 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. (b) Death of a Minor In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: 0535\Contra Costa Co\Concord PD\February 27, 2020 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) The administrator of the facility shall provide to the CJM 4.02 Incident Reports: Board a copy of the report submitted to the Attorney (e) In any case in which a minor dies while General under Government Code Section 12525. A copy detained, the administrator of the facility shall of the report shall be submitted within 10 calendar days provide to the Corrections Standards Authority after the death. ☒ ☐ ☐ a copy of the report submitted to the Attorney General under Gov. Code Section 12525. A copy of the report shall be submitted to the Corrections Standards Authority within ten 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 CJM 5.01 Classification Plan: (i) Physically combative persons who cannot (a) Each administrator of a temporary holding, Type I, II, or be controlled during booking. III facility shall develop and implement a written (ii) Any person who is actively threatening or classification plan designed to properly assign inmates to trying to harm themselves. housing units and activities according to the categories of sex, (iii) Any persons with known, or suspected, age, criminal sophistication, seriousness of crime charged, communicable diseases. physical or mental health needs, assaultive/non-assaultive (iv) Persons requiring immediate emergency behavior, risk of being sexually abused, or sexually harassed medical treatment. and other criteria which will provide for the safety of the (v) Any person infected with vermin, lice, inmates and staff. Such housing unit assignment shall be and/or other parasites. accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. ☒ ☐ ☐ (vi) Persons who are so intoxicated that they pose a significant risk to their health, including persons who suffer any periods of The written classification plan shall be based on objective unconsciousness, are unable to walk, or unable criteria and include receiving screening performed at the time to answer medical questions due to intoxication. of intake by trained personnel, and a record of each inmate's (vii) Unless medically treated and cleared, any classification level, housing restrictions, and housing person who has been stabbed, tased, hit by a car, assignments. shot, received a significant K-9 bite, or a person (Subsection b does not apply and has been deleted.) who has sustained any significant injury that requires medical treatment. (viii) Any person who poses a significant health risk to others by means of bio-hazard exposure due to blood, urine, and feces. (c) In deciding whether to assign an inmate to a housing area for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES CJM 8.01 Medical Service/Management of Communicable Diseases The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be BSCC Staff reviewed medical health questions made of the person being booked as to whether or not he/she asked by officers at intake and found that has or has had any communicable diseases, such as questions included communicable diseases. tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES CJM 8.04 Mental Health Services The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not All prisoners requiring mental readily available, an inmate shall be considered mentally health/developmental disability services shall disordered for the purpose of this section if he or she appears be transported to Contra Costa County Mental to be a danger to himself/herself or others or if he/she Health facilities. appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of CJM 5.03 Management/Placement of Disabled ☒ ☐ ☐ the inmate or others. Inmates 1053 ADMINISTRATIVE SEGREGATION CJM Article V, Classification and Segregation Except in Type IV facilities, each facility administrator shall Classification plan specifically separates develop written policies and procedures which provide for inmates that are combative, harm to themselves, the administrative segregation of inmates who are suspected of communicable disease, require determined to be prone to: promote activity or behavior that emergency medical treatment, intoxicated, and is criminal in nature or disruptive to facility operations; infected by parasites. demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ When the inmate is a medical issue or is a risk criminal in nature or disruptive to the safety and security of to the safety of the other inmates, staff, or other inmates or facility staff, as well as to the safe operation facility, they are taken to a medical facility or of the facility; escape; assault, attempted assault, or county jail. participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL CJM 5.04 Use of the Safety Cell The safety cell shall be utilized to detain The safety cell described in Title 24, Part 2, Section prisoners who are a significant threat to ☒ ☐ ☐ 1231.2.5, shall be used to hold only those inmates who themselves or to others prior to transportation to display behavior which results in the destruction of property a more appropriate facility. or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the CJM 5.04 Use of the Safety Cell 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. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 7 - A351 TH PRO eff. 1/2019 (18-20).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 (e) In no case shall the safety cell be used for a substitute for treatment. ☒ ☐ ☐ punishment. An inmate shall be placed in a safety cell only with the CJM 5.04 Use of the Safety Cell: approval of the facility manager or designee, or responsible A prisoner shall not be placed in a safety cell health care staff; continued retention shall be reviewed a ☒ ☐ ☐ without approval and review of a supervisor or minimum of every four hours. Watch Commander. A medical assessment shall be completed within a maximum Medical assessment is required within a of 12 hours of placement in the safety cell or at the next daily maximum of 12 hours, prisoners needing to be ☒ ☐ ☐ sick call, whichever is earliest. held in a safety cell for extended durations should be transported to medical facility. The inmate shall be medically cleared for continued Inmates are not held over 12 hours in a safety ☐ ☐ ☒ retention every 24 hours thereafter. cell. 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 (h) Direct visual observation of a prisoner shall every thirty minutes. Such observation shall be documented. ☒ ☐ ☐ occur twice every 30 minutes. Procedures shall be established to assure administration of (f) Prisoner placed in the safety cell shall be necessary nutrition and fluids. provided with adequate food and fluids, ☒ ☐ ☐ provided for in a manner that allows for the safety of staff and the prisoner. Inmates shall be allowed to retain sufficient clothing, or be (g) Prisoners placed in the safety cell shall be provided with a suitably designed “safety garment,” to allowed to have sufficient clothing or suitable provide for their personal privacy unless specific identifiable ☒ ☐ ☐ garment as to provide for their personal privacy, risks to the inmate's safety or to the security of the facility unless there are specific identifiable risks to the are documented. inmate’s safety or to staff. 1056 USE OF SOBERING CELL CJM 5.05 Use of Sobering Cell (i) The sobering cell is designed as a sobering The sobering cell described in Title 24, Part 2, Section up place providing a sheltered environment. It 1231.2.4, shall be used for the holding of inmates who are a is not a place for individuals who may be threat to their own safety or the safety of others due to their ☒ ☐ ☐ experiencing life threatening withdrawal state of intoxication and pursuant to written policies and symptoms. procedures developed by the facility administrator. BSCC Staff attempted to review Sobering Cell logs, but no one was detained in the cell during the inspection cycle. Such inmates shall be removed from the sobering cell as they (ii) Such inmates shall be removed from the are able to continue in the processing. sobering cell as soon as they are able to care for ☒ ☐ ☐ their own safety. In no case shall an inmate remain in a sobering cell over six (iii) In no case shall an inmate remain in the hours without an evaluation by a medical staff person or an sobering cell over six hours without evaluation by custody staff, pursuant to written medical authorization from a sworn supervisor, Watch ☒ ☐ ☐ procedures in accordance with section 1213 of these Commander, or the designated facility manager regulations, to determine whether the prisoner has an urgent and the justification documented in the Jail log. medical problem. At 12 hours from the time of placement, all inmates will Inmates housed in the sobering cell for more receive an evaluation by responsible health care staff. than six hours shall be transported to medical ☒ ☐ ☐ facility. Intermittent direct visual observation of inmates held in the (iv) Inmates placed in the sobering cell shall be sobering cell shall be conducted no less than every half hour. ☒ ☐ ☐ checked by direct visual contact no less than Such observation shall be documented. every thirty (30) minutes. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED CMJ 5.01 Classification Plan: INMATES (b) Persons with any of the following conditions may be booked at the Concord Jail The facility administrator, in cooperation with the but shall be transferred to MDF as soon as responsible physician, shall develop written policies and ☒ ☐ ☐ possible. procedures for the identification and evaluation, appropriate (vi) Prisoners that require specialized care, classification and housing, protection, and outside the expectation of routine prisoner care, nondiscrimination of all developmentally disabled inmates. such as pregnant or lactating females, and/or physically or developmentally disabled persons. The health authority or designee shall contact the regional All arrestees are transported to Contra Costa center on any inmate suspected or confirmed to be County Jail or hospital facility prior to the 24 developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ hours of detention. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES Restraints are only used for transport and not in the holding area. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. 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 behavior which results in the destruction of property or 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. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice 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 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 delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE CJM 6.02 Access to Telephone: Immediately upon being booked, and, except The facility administrator shall develop written policies and where physically impossible, no later than three procedures which allow reasonable access to a telephone ☒ ☐ ☐ hours after arrest, an arrested person has the beyond those telephone calls which are required by Section right to make at least three completed phone 851.5 of the Penal Code. calls to an attorney of his choice or a public defender, a bail bondsman, or a relative or other person. 1068 ACCESS TO COURTS AND COUNSEL CJM 6.02 Access to the Telephone CJM 6.05 Visitation/Attorney Interviews The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these This is a temporary holding facility and does ☐ ☐ ☒ regulations, and, not receive mail. (b) confidential consultation with attorneys. CJM 6.02(b) Phone call to attorney shall not be ☒ ☐ ☐ monitored, eavesdropped upon, or recorded. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY PENALTIES CJM 7.01 Plan for Inmate Discipline: (a) Discipline will not be administered in this Wherever discipline is administered, each facility ☐ ☐ ☒ facility. administrator shall establish written rules and disciplinary 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 Discipline will not be administered in this facility. If discipline is NOT administered, written policy should 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 with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 fact-finders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE Discipline is not administered in this facility. The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY Discipline will not be administered in this ACTIONS facility The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of Discipline will not be administered in this inmates to exercise the right of punishment over any other ☐ ☐ ☒ facility inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS Discipline will not be administered in this facility Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the CPM 34 Classification and Detention of Juveniles 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 Minors are held in secure custody in the juvenile holding secure detention in the jail. Title 15, Article 9 establishes area within the temporary holding facility. the minimum standards of how facilities hold minors in ☒ ☐ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A CJM 5.07 Classification and Detention of MINOR IN AN ADULT DETENTION Juveniles: FACILITY Detention Officer to notify the on-duty street supervisor whenever a juvenile becomes ill or injured. It is the responsibility of the sworn The facility administrator shall develop policy and procedures ☒ ☐ ☐ supervisor notified of such an illness or injury to for notification of the court of jurisdiction and the parent, cause the affected juvenile’s parent or guardian guardian, or person standing in loco parentis, in the event of a to be notified, not only of the juvenile’s suicide attempt, serious illness, injury or death of a minor in incarceration, but that the juvenile is ill and/or custody. injured. 1142 WRITTEN POLICIES AND PROCEDURES CJM 5.07 Classification and Detention of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: 0535\Contra Costa Co\Concord PD\February 27, 2020 - 14 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (a) suicide risk and prevention; ☒ ☐ ☐ (b)(iv) (b) use of restraints; ☒ ☐ ☐ (b)(iv) (c) emergency medical assistance and services; and, ☒ ☐ ☐ (b)(ix) (d) prohibiting use of discipline. Discipline will not be administered in this ☒ ☐ ☐ facility. 1143 CARE OF MINORS IN TEMPORARY CJM Section 5.07 Classification and Detention CUSTODY of Juvenile (x)(4) ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ (2) one snack upon request during term of temporary custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ (4) privacy during consultation with family, guardian, ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the Provided blankets and clothing, as necessary, to ☒ ☐ ☐ comfort of the minor; and, assure the comfort of the minor. (6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND Minors detention area is separate from adult ADULT PRISONERS holding area, both sight and sound. ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 15 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1145 DECISION ON SECURE CUSTODY CJM Section 5.07 Classification and Detention of Juveniles (C) Criteria for Secure Detention (Rules) A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held 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 CJM Section 5.07 Classification and Detention of serious security risk of harm to self or others, the officer may Juveniles ☒ ☐ ☐ 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 CJM Section 5.07 Classification and Detention of ☒ ☐ ☐ taken into custody; Juveniles (c) minor's behavior, including the degree to which the CJM Section 5.07 Classification and Detention of ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Juveniles (d) the availability of staff to provide adequate CJM Section 5.07 Classification and Detention of ☒ ☐ ☐ supervision or protection of the minor; and, Juveniles (e) the age, type, and number of other individuals who CJM Section 5.07 Classification and Detention of ☒ ☐ ☐ are detained in the facility. Juveniles 1146 CONDITIONS OF SECURE CUSTODY Minor being held in temporary custody in a law enforcement facility and is locked in a room or While in secure custody, minors may be locked in a room or enclosure and/or is physically secured to a ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise cuffing rail or other stationary object. reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE CJM Section 5.07 Classification and Detention CUSTODY INSIDE A LOCKED of Juveniles (C) Criteria for Secure Detention ENCLOSURE (Rules) ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; CJM Section 5.07 Classification and Detention of ☒ ☐ ☐ and, Juveniles (C)(iii) (2) safety checks, as defined in Section 1006, of the CJM Section 5.07 Classification and Detention of minor by staff of the law enforcement facility, at Juveniles (C)(iii)1 ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same CJM Section 5.07 Classification and Detention of locked room unless under constant direct visual ☒ ☐ ☐ Juveniles (C)(iii)1(a) observation by staff of the law enforcement facility. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 16 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1148 SUPERVISION OF MINORS IN SECURE CJM Section 5.07 Classification and Detention of CUSTODY OUTSIDE OF A LOCKED Juveniles (C)(iii)(2) ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant CJM Section 5.07 Classification and Detention of direct visual observation to assure the minor's safety while ☒ ☐ ☐ Juveniles (C)(iii)(2) secured to a stationary object. Securing minors to a stationary object for longer than 60 CJM Section 5.07 Classification and Detention of minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ Juveniles (C)(iii)(2) approved by a supervisor. The decision for securing a minor to a stationary object for CJM Section 5.07 Classification and Detention of longer than 60 minutes, and every 30 minutes thereafter shall Juveniles (C)(iii)(2) ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CJM Section 5.07 Classification and Detention of CUSTODY Juveniles (D) Criteria for Non-Secure Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- CJM Section 5.07 Classification and Detention of SECURE CUSTODY Juveniles (D)(iii) Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF CJM Section 5.07 Classification and Detention of ANY INTOXICATING SUBSTANCE IN SECURE OR Juveniles (E) NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room CJM Section 5.07 Classification and Detention of who display outward signs of being under the influence of Juveniles (E) drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 17 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody outside of a locked CJM Section 5.07 Classification and Detention of room who display outward signs of being under the Juveniles (E)(1) 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 CJM Section 5.07 Classification and Detention of outward signs of being under the influence of drugs, alcohol Juveniles ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 18 - A351 TH PRO eff. 1/2019 (18-20).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☐ ☒ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations:0 facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations:0 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations:0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the Number of violations:0 minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: 0 law enforcement facility for longer than six hours. 0535\Contra Costa Co\Concord PD\February 27, 2020 - 19 - A351 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 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: Dale Miller DATE: February 27, 2020 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 Contain flush ring toilet (flush with floor) with controls located outside the cell X 0535 CC Concord THJ PHY\18-20 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS 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 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\18-20 - 2 - 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: Dale Miller DATE: February 27, 2020 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S 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' x 9’ 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' x 8’ 1 1 1 Note: 2018-2020 Cycle: During the cycle, the sobering cell was not use, but still operational. 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 Note: 2018-2020 Cycle: H-1 is padded and has a stainless-steel bench. 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 LAS18-20 - 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 LAS18-20 - 2 - A360 LAS Adult.dot (03/01)