Contra Costa County, Martinez PD (2020-2022 inspection cycle)

September 20, 2022 Dan Pratt, Interim Chief of Police Martinez Police Department 525 Henrietta Street Martinez, CA 94553 RE: 2020/2022BIENNIALINSPECTION,PENALCODE6031,WELFARE&INSTITUTIONCODE209 MARTINEZ POLICE DEPARTMENT’S TEMPORARY HOLDING FACILITY Dear Chief Pratt, The 2020/2022biennial inspection of the MartinezPolice Department’s Temporary Holding Facilityhas been completed. A pre-inspection briefing was held on July 13, 2021, and the facility was inspected on August 2, 2022. Pursuant to Penal Code Section 6031, these inspections were performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. 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) for the separation requirements of juveniles from incarcerated adults. The complete Board of State and Community Corrections (BSCC) inspection report is enclosed and consists of the following: this transmittal letter; a Title 15 Procedures checklist, outlining applicable minimum standards for juvenile detention facilities; a Physical Plant Evaluation, outlining applicable Title 24 minimum standards; and the Living Area Space Evaluation (LASE), summarizing the physical plant configuration and outlining the rated capacity of the Temporary Holding Cells. Please refer to the Title 15 Procedures Checklist for a summary of all relevant minimum standards, indication of compliance or noncompliance, and information used to determine compliance. MANDATORY 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). Results of those inspections are considered a part of this report. The dates of the local inspections are listed below. We encourage the practice of maintaining a permanent file for historical copies of all inspections including documentation of corrections made following the inspection. Dan Pratt Interim Chief of Police Page 2 FACILITY FIRE INSP. MEDICAL/MENTAL ENVIRONMENTAL HEALTH NAME HEALTH Martinez PD Not Available March 1, 2022 March 1, 2022 SCOPE OF THE INSPECTION Theinspection consisted of a review of the Martinez Police DepartmentPolicy and Procedure Manual1, a site visit to review operations, physical plant, relevant documentation, and interviews with administration and facility staff. BSCC INSPECTION RESULTS Title 15, CCR Minimum Standards Upon final review of all documentation, there are outstanding items of noncompliance with Title 15 at the Martinez Police Department: Title 15, Section 1024, Temporary Holding Facility Training Training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility. Additionally, eight hours of refresher training shall be completed once every two years. BSCC Staff requested to review refresher training records to ensure compliance with this section. Due to significant change in staff, COVID-19 impact, and limited training resources, the agency is not meeting this requirement. Training for all personnel is scheduled for December 2022. Title 15, Section 1032, Fire Suppression Preplanning Fire prevention inspections as required by Health and Safety Code Section 13146.1(a) and (b) which requires inspections at least once every two years. BSCC Staff requested to see the facility fire inspection completed in the last two years. An inspection was not available but is scheduled. Title 24, CCR Physical Plant There were no changes made to the physical plant and your rated capacity remainsunchanged. Please see the Physical Plant Evaluation for more information. There are no outstanding items of noncompliance with Title 24 minimum standards. Training At the time of the inspection, Martinez Police Department had items of non-compliance with required training. The Department is scheduled to have all personnel trained by the end of the calendar year. 1BSCC reviews only those policy and procedures required by, and applicable to, Title 15, CCR. BSCC staff do not “approve” policies and procedures or assess them for constitutional or legal issues. Agencies should seek review through their legal advisor, risk manager, and other persons deemed appropriate for such evaluation. 0555 Contra Costa Martinez PD TH LTR 20-22 Dan Pratt Interim Chief of Police Page 3 Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring BSCC Staff reviewed all records of the detention of minors during the last two years and found no violations of the JJDPA. Please refer to Title 15 Procedures checklist for detailed information. On August 2, 2022, BSCC staff held an Exit Briefing with you and your staff. During that briefing, BSCC staff provided an overview of the biennial inspection and provided technical assistance and best practice recommendations. BSCC staff reviewed your agency’s noncompliance issues found during the desk audit and onsite inspection. -- This concludes the 2020/2022 biennial inspection report. We would like to express our gratitude to Lieutenant Clarence Moore and Sergeant Kevin Busciglio who assisted during the inspection. We are available to assist as needed and happy to provide technical assistance when requested. We look forward to continuing to work together. Please do not hesitate to email me at dale.miller@ bscc.ca.gov or call (916) 956-3679, if you have any questions. Sincerely, DALE A. MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Martinez Contra Costa County Grand Jury Presiding Judge, Contra Costa County Superior Court* Chair, Juvenile Justice Commission, Contra Costa County* *Copies of full inspection are available at www.bscc.ca.gov 0555 Contra Costa Martinez PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0555 FACILITY NAME: Martinez Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Lieutenant Clarence Moore FIELD REPRESENTATIVE: Dale Miller DATE: August 2, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Martinez Police Department Manual (MPD) HOLDING FACILITY TRAINING Section 900.10 Training: Department members responsible for Custodial personnel who supervise inmates in, and supervising adults in temporary custody shall supervisors of, a Court Holding or Temporary Holding complete the Corrections Officer Core Course facility shall complete 8 hours of specialized training. Such or eight hours of specialized training within six training shall include, but not be limited to: months of assignment. (a) applicable minimum jail standards. (a) Applicable minimum jail standards (b) jail operations liability. ☒ ☐ ☐ (b) Jail operations liability (c) inmate segregation. (c) Inmate segregation (d) emergency procedures and planning, fire and life (d) Emergency procedures and planning, fire safety; and, safety, and life safety (e) suicide prevention. (e) Suicide prevention 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 MPD Manual Section 900.10 Training any event not more than six months after the date of assigned BSCC Staff requested to review training responsibility, or the effective date of this regulation. records to ensure compliance with this section. Successful completion of Core training or supplemental Due to significant change in staff, COVID-19 ☐ ☒ ☐ Core training, pursuant to Section 1020, Corrections Officer impact, and limited training resources, the Core Course, may be substituted for the initial eight hours of agency is not meeting this requirement. training. Training for all personnel is scheduled for December 2022. Eight hours of refresher training shall be completed once Eight hours of refresher training is completed every two years. Successful completion of the requirements once every two years. in Section 1025, Continuing Professional Training may be BSCC Staff requested to review refresher substituted for the eight-hour refresher. training records to ensure compliance with this ☐ ☒ ☐ section. Due to significant change in staff, COVID-19 impact, and limited training resources, the agency is not meeting this requirement. Training for all personnel is scheduled for December 2022. 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. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL MPD Manual Section 207 Staffing Levels: The Martinez Police Department does not A sufficient number of personnel shall be employed in each employ correctional personnel or other staff to ☒ ☐ ☐ local detention facility to ensure the implementation and specifically work the temporary holding operation of the programs and activities required by these facility. When an inmate is in custody, a trained regulations. police employee stays in the facility. Whenever there is an inmate in custody, there shall be at It is the policy of the Martinez Police least one employee on duty at all times in a local detention Department to release or transfer prisoners held facility or in the building which houses a local detention in the temporary holding facility as soon as ☒ ☐ ☐ facility who shall be immediately available and accessible to possible, and not to exceed six hours. In inmates in the event of an emergency. practice, the arresting or transporting officer will stay in the facility until that time. Such an employee shall not have any other duties which In practice, Arresting/Transporting Officer stays would conflict with the supervision and care of inmates in ☒ ☐ ☐ in the facility while their arrestee is in the the event of an emergency. holding facility. Whenever one or more female inmates are in custody, there MPD Manual 903 Matron Duty Procedures shall be at least one female employee who shall be In practice, if a female staff member is not ☒ ☐ ☐ immediately available and accessible to such females. available in the facility, the female inmate is Note: Reference PC§ 4021. taken to Contra Costa County Jail. To determine if there is a sufficient number of personnel for The police department conducts an annual a specific facility, the facility administrator shall prepare and staffing plan with preparation of budget. retain a staffing plan indicating the personnel assigned in the BSCC Staff reviewed staffing and detention facility and their duties. Such a staffing plan shall be logs from the last 12 months. The agency is reviewed by the Board staff at the time of their biennial ☒ ☐ ☐ near 50% of authorized personnel are currently inspection. The results of such a review and present for duty. To ensure compliance with recommendations shall be reported to the local jurisdiction this section, very few persons have been held in having fiscal responsibility for the facility. the facility. They are typically cited in the field or transported to county jail. 1027.5 SAFETY CHECKS MPD Manual Section 900.6, Holding Cells: (e) Safety checks by department members shall Safety checks shall be conducted at least hourly through occur no less than every 15 minutes. ☒ ☐ ☐ direct visual observation of all inmates. There shall be no BSCC Staff reviewed a year of detention logs more than a 60-minute lapse between safety checks. that showed the safety checks meet the state’s minimum standards. There is a written plan that includes the documentation of MPD Manual Section 900.6 Holding Cells: ☒ ☐ ☐ routine safety checks. (e) 2. All safety checks shall be logged. 1028 FIRE AND LIFE SAFETY STAFF MPD Manual Section 900.10 Training: Department members responsible for Whenever there is an inmate in custody, there shall be at supervising adults in temporary custody shall ☒ ☐ ☐ least one person on duty at all times who meets the training complete 8-hours training which includes standards established by the BSCC for general fire and life emergency procedures and planning, fire safety, safety. (Penal Code section 6030[e]) and life safety. The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 MPD Manual Chapter 9, Custody is used as the manual for the Temporary Holding Facility. Facility administrator(s) shall develop and publish a manual Other sections of the Policy manual are used to of policy and procedures for the facility. The policy and ensure procedures listed on this checklist. procedures manual shall address all applicable Title 15 and The MPD Manual was lasted reviewed and Title 24 regulations and shall be comprehensively reviewed updated on December 12, 2021. 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 MPD Manual Section 200 Department ☒ ☐ ☐ communications. Organization and Responsibility (2) Inspections and operations reviews by the facility MPD Manual Section 900.7.3 Facility ☒ ☐ ☐ administrator/manager. Sanitation and Maintenance (3) Policy on the use of force. ☒ ☐ ☐ MPD Manual Section 300 Use of Force (4) Policy on the use of restraint equipment, including the MPD Manual Section 302.3 Use of Restraint restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Devices Section 3407. (5) Procedure and criteria for screening newly received MPD Manual Section 414 Cite and Release inmates for release per Penal Code sections 849(b)(2) and Policy ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ MPD Manual Section 900.7.1 Security (A) physical counts of inmates, MPD Manual Section 900.7.2 Receipt of ☒ ☐ ☐ Prisoners (B) searches of the facility and inmates, ☒ ☐ ☐ MPD Manual Section 902 Custody Searches (C) contraband control, and ☒ ☐ ☐ MPD Manual Section 902 Custody Searches (D) key control. Assigned by inventory number to each staff ☒ ☐ ☐ member. Each facility administrator shall, at least annually, review, MPD Manual Section 900.9 Assigned evaluate, and make a record of security measures. The review Administrator: Annual review and evaluation of and evaluation shall include internal and external security ☒ ☐ ☐ security measures including internal and measures of the facility including security measures specific external security measures, sanitation, safety, to prevention of sexual abuse and sexual harassment. and maintenance. (7) Emergency procedures include: MPD Manual Section 900.9 Assigned (A) fire suppression preplan as required by section Administrator: ☒ ☐ ☐ 1032 of these regulations; (g) Fire- and life-safety, including a fire suppression pre-plan (B) escape, disturbances, and the taking of hostages; (e) Escapes MPD Manual Section 403 Civil Disturbances ☒ ☐ ☐ MPD Manual Section 404 Hostage and Barricade Incidents (C) mass arrests; ☒ ☐ ☐ MPD Manual Section 403.5 Mass Arrest (D) natural disasters; (h) Disaster plans ☒ ☐ ☐ (f) Evacuation plans 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (E) periodic testing of emergency equipment; and MPD Manual Section 900.9 Assigned ☒ ☐ ☐ Administrator (F) storage, issue, and use of weapons, ammunition, MPD Manual Section 900.7.1 Security ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. MPD Manual Section 900.3 Initiating ☒ ☐ ☐ Temporary Custody (9) Segregation of Inmates. ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual abuse and MPD Manual Section 904 Prison Rape ☒ ☐ ☐ sexual harassment. Elimination (11) Policy and procedure to detect, prevent, and respond MPD Manual Section 904.6 Retaliation to retaliation against any staff or inmate after reporting Prohibited any abuse. All detainees, prisoners, and members who ☒ ☐ ☐ report sexual abuse or sexual harassment or who cooperate with sexual abuse or sexual harassment investigations shall be protected from retaliation (e) The manual for Temporary Holding, Court Holding, MPD Manual Section 904.3 PREA Coordinator Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: BSCC Staff verified that signs are posted in the (1) multiple internal ways for inmates to privately report booking/holding area of the facility. These sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ signs instruct detainees on reporting sexual inmates or staff for reporting sexual abuse and sexual assault and sexual harassment. harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, MPD Manual Section 904.3 PREA Coordinator community members, and other interested third parties (l) Ensuring that information for uninvolved to report sexual abuse or sexual harassment. The inmates, family, community members, and method for reporting shall be publicly posted at the other interested third parties to report sexual facility. abuse or sexual harassment is publicly posted at ☒ ☐ ☐ the facility. BSCC Staff verified that a sign was posted in the public lobby area of the facility. This sign instructs third parties on reporting sexual assault and sexual harassment. 1030 SUICIDE PREVENTION PROGRAM MPD Manual Section 900.1.3 Non-Detainable Prisoners The facility shall have a comprehensive written suicide (e) A prisoner who is or may be contemplating prevention program developed by the facility administrator, ☒ ☐ ☐ suicide. in conjunction with the health authority and mental health 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 MPD Manual Section 900.10, Training contact with inmates. ☒ ☐ ☐ Initial 8-hours of training and refresher every 2- years. (b) Intake screening for suicide risk immediately upon MPD Manual Section 900.3 Initiating intake and prior to housing assignment. Temporary Custody The officer should specifically ask if the ☒ ☐ ☐ individual is contemplating suicide and evaluate him/her for obvious signs or indications of suicidal intent. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Provisions facilitating communication among MPD Manual Section 900.8 Release and/or arresting/transporting officers, facility staff, medical and Transfer mental health personnel in relation to suicide risk. When an individual is released or transferred ☒ ☐ ☐ from custody, member transporting the individual shall ensure suicidal risks are communicated to intake personnel at the other facility. (d) Housing recommendations for inmates at risk of suicide. MPD Manual Section 900.1.3 Non-Detainable ☒ ☐ ☐ Prisoners (e) Supervision depending on level of suicide risk. Any known suicide risk is continually ☒ ☐ ☐ supervised until transported to County Jail or other facility. (f) Suicide attempt and suicide intervention policies and MPD Manual Section 900.7 Suicide Attempt, ☒ ☐ ☐ procedures. Death, or Serious Injury (g) Provisions for reporting suicides and suicides attempts. MPD Manual Section 900.7 Suicide Attempt, ☒ ☐ ☐ Death, or Serious Injury (h) Multi-disciplinary administrative review of suicides and MPD Manual Section 900.7 Suicide Attempt, attempted suicides as defined by the facility ☒ ☐ ☐ Death, or Serious Injury administrator. (h) In-custody death reviews (15 CCR 1046) 1032 FIRE SUPPRESSION PREPLANNING MPD Manual Section 900.9 Assigned Administrator. Pursuant to Penal Code Section 6031.1(b), the facility (g) Fire- and life-safety, including a fire administrator shall consult with the local fire department ☒ ☐ ☐ suppression pre-plan 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 department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a MPD Manual Section 900.7.3 Facility monthly basis with two-year retention of the inspection Sanitation and Maintenance record; BSCC Staff asked to see two years of monthly inspections. At the time of the inspection, no ☒ ☐ ☐ documented inspections were available in the last year. Martinez PD staff advised that the Watch Commander inspects the Temporary Holding Facility at least one time each shift and has started to document these inspections. (c) fire prevention inspections as required by Health and BSCC Staff requested to see the facility fire Safety Code Section 13146.1(a) and (b) which requires ☐ ☒ ☐ inspection completed in the last two years. An inspections at least once every two years; inspection was not available. (d) an evacuation plan; and ☒ ☐ ☐ An evacuation is posted in the facility. (e) a plan for the emergency housing of inmates in the case of Inmates are to be moved to county jail or ☒ ☐ ☐ fire. released. 1044 INCIDENT REPORTS MPD Manual Section 900.4.6 Reporting Physical Harm or Serious Threat of Each facility administrator shall develop written policies and Physical Harm procedures for the maintenance of written records and ☒ ☐ ☐ BSCC Staff requested to see any reports of reporting of all incidents which result in physical harm, or incidents in the Temporary Holding Facility in serious threat of physical harm, to an employee or inmate of the last year. There were no reported incidents. a detention facility or other person. Such records shall include the names of the persons MPD Manual Section 900.4.6 involved, a description of the incident, the actions taken, and ☒ ☐ ☐ Police Officers complete all incident reports in the date and time of the occurrence. Records Management system. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such a written record shall be prepared by the staff assigned MPD Manual Section 900.4.6 to investigate the incident and submitted to the facility A copy of all reports generated regarding the ☒ ☐ ☐ manager or his/her designee. above circumstances shall be submitted as soon as reasonably practicable. 1046 DEATH IN CUSTODY MPD Manual Section 900.7 Suicide Attempt, Death, or Serious Injury (a) Death in Custody Reviews for Adults and Minors. (i) Notification to the Attorney General within 10 days of any death in custody including any The facility administrator, in cooperation with the health reasonably known facts concerning the death. 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 Agency participates in the Contra Costa County clinical care; whether changes to policies, procedures, or review panel. ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor MPD Manual Section 312, Temporary Custody In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ of Juveniles lockup, or court holding facility: (1) The administrator of the facility shall provide to the MPD Manual Section 312.7.5, Death of a Board a copy of the report submitted to the Attorney Juvenile While Detained General under Government Code Section 12525. A copy ☒ ☐ ☐ Report shall be submitted to the Attorney of the report shall be submitted within 10 calendar days General under Government Code 12525, within after the death. ten calendar days. (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 MPD Manual Section 900 Temporary Holding Facility (a) Each administrator of a temporary holding, Type I, II, or MPD Manual Section 900.1.3, Non-Detainable III facility shall develop and implement a written Prisoners classification plan designed to properly assign inmates to MPD Manual Section 900.1.4, Detainable housing units and activities according to the categories of sex, Prisoners age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed In practice and due to the size of the facility, and other criteria which will provide for the safety of the persons are seldom held in the facility. In cases ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be where there are needs to utilize both cells accomplished to the extent possible within the limits of the and/or there are special needs, arrestees are available number of distinct housing units or cells in a facility. transported to the county jail. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) 0555 Contra Costa Martinez PD THJ PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding whether to assign an inmate to a housing area BSCC Staff reviewed the intake questions and for male or female inmates, and in making other housing and the inmate’s concerns are considered. programming assignments, the agency shall consider on a In practice, any concerns will result in transport case-by-case basis whether a placement would ensure the ☒ ☐ ☐ to a medical facility or county jail. 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 BSCC Staff reviewed intake questions and found that arrestees are asked about communicable diseases. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require In addition, the agency is using the County segregation of an inmate until a medical evaluation is Health questions regarding COVID-19. completed. At the time of intake into the facility, an inquiry shall be MPD Manual Section 900.1.3, Non-Detainable made of the person being booked as to whether or not he/she Prisoners has or has had any communicable diseases, such as (b) Any individual who claims to have, is tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ known to be afflicted with, or displays any other communicable diseases, or other special medical symptoms of any communicable disease that problem identified by the health authority. The response poses an unreasonable exposure risk. shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES MPD Manual Section 900.1.3, Non-Detainable Prisoners (c) Any person suffering from a severe mental The facility administrator, in cooperation with the ☒ ☐ ☐ disorder. 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 This is a temporary holding facility, and all readily available, an inmate shall be considered mentally inmates are transferred or released within 24 disordered for the purpose of this section if he or she appears hours. to be a danger to himself/herself or others or if he/she 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 MPD Manual 900.1.3 Non-Detainable Prisoners the inmate or others. They should be transported to the county jail, ☒ ☐ ☐ the designated medical facility, or the county mental health facility. This includes mentally disordered detainees. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION MPD Manual Section 900.1.3, Non-Detainable Prisoners Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for Arrestees who fall within any special the administrative segregation of inmates who are classification should not be detained in the determined to be prone to: promote activity or behavior that Temporary Holding Facility. They should be is criminal in nature or disruptive to facility operations; transported to the county jail, the designated demonstrate influence over other inmates, including medical facility, or the county mental health influence to promote or direct action or behavior that is ☒ ☐ ☐ facility. criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 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 This facility does not contain a safety cell as described in Title 24, Part 2, Section 1231.2.5. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ All other items related to Safety Cells have 1231.2.5, shall be used to hold only those inmates who been removed from this checklist. display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL This facility does not contain a sobering cell as described in Title 24, Part 2, Section 1231.2.4. The sobering cell described in Title 24, Part 2, Section All other items related to Sobering Cells have 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ been removed from this checklist. threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. 1057 DEVELOPMENTALLY DISABLED MPD 900.1.3, Non-Detainable Prisoners INMATES (g) Any person suspected or confirmed to be developmentally disabled. The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional Individuals that show signs of developmentally center on any inmate suspected or confirmed to be disability are not held at this facility but are developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ transferred to county jail or a medical facility. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES MPD Manual Section 302.3, Use of Restraints It is the policy of the department that restraints will not be used for inmates retained in custody. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ The use of a restraint is an extreme measure and procedures for the use of restraint devices and may delegate only for a temporary measure pending authority to place an inmate in restraints to a responsible transportation to another facility. health care staff. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS In addition to the areas specifically outlined in this In practice, the agency has a restraint policy for regulation, at a minimum, the policy shall address the field operations and transport but will not hold ☐ ☐ ☒ following areas: persons in restraint in the temporary holding acceptable restraint devices; facility. 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. 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 MPD Manual 302.3.2, Restraint of Pregnant Persons Pregnant arrestees will not be held in this The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ facility and are transported to a hospital or Contra Costa County Jail. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: 0555 Contra Costa Martinez PD THJ PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) An inmate known to be pregnant or in recovery after Leg irons, waist chains, or handcuffs behind the delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ body should not be used. waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in No person who is in labor, delivery, or recovery recovery after delivery, shall not be restrained by the after delivery shall be handcuffed or restrained wrists, ankles, or both, unless deemed necessary for the except in extraordinary circumstances and only ☒ ☐ ☐ safety and security of the inmate, the staff, or the public. when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☒ ☐ ☐ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE MPD Manual Section 900.4.4, Telephone Calls Immediately upon being booked and, except The facility administrator shall develop written policies and ☒ ☐ ☐ where physically impossible, no later than three procedures which allow reasonable access to a telephone hours after arrest, an individual in custody has beyond those telephone calls which are required by Section the right to make at least three completed calls. 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL MPD Manual Section 900.4.4, Telephone Calls 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 No sentence inmates or persons detailed for ☐ ☐ ☒ regulations, and over 8-hours are retained in this facility. (b) confidential consultation with attorneys. MPD Manual Section 900.4.4, Telephone Calls Calls between an individual in temporary ☒ ☐ ☐ custody and his/her attorney shall be deemed confidential and shall not be monitored, eavesdropped upon, or recorded 1080 RULES AND DISCIPLINARY PENALTIES MPD Manual Section 900.4.7, Discipline Discipline will not be administered to any Wherever discipline is administered, each facility ☐ ☐ ☒ individual in custody at this facility. administrator shall establish written rules and disciplinary All other items related to Inmate Discipline penalties to guide inmate conduct. have been removed from this checklist. 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. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR INMATE DISCIPLINE MPD Manual Section 900.4.7, Discipline Discipline will not be administered to any If discipline is NOT administered, written policy should individual in custody at this facility. 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 MPD Manual Section 900.4.7, Discipline with the following provisions and within specified ☐ ☐ ☒ Discipline will not be administered to any timeframes: individual in custody at this facility. 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 MPD Manual Section 900.4.7, Discipline provided no sooner than 24 hours after the report has Discipline will not be administered to any been submitted to the disciplinary officer and the inmate individual in custody at this facility. has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The inmate shall be advised in a written statement by the factfinders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator MPD Manual Section 900.4.7, Discipline from administratively segregating any inmate from the Discipline will not be administered to any general population or program for reasons of personal, individual in custody at this facility. 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 MPD Manual Section 900.4.7, Discipline Discipline will not be administered to any The degree of punitive actions taken by the disciplinary individual in custody at this facility. officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY MPD Manual Section 900.4.7, Discipline ACTIONS Discipline will not be administered to any individual in custody at this 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. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary MPD Manual Section 900.4.7, Discipline to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ Discipline will not be administered to any specified in Section 1265 of these regulations individual in custody at this facility. (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 MPD Manual Section 900.4.7, Discipline suspended as a disciplinary measure. ☐ ☐ ☒ Discipline will not be administered to any individual in custody at this facility. 1084 DISCIPLINARY RECORDS MPD Manual Section 900.4.7, Discipline Discipline will not be administered to any Penal Code Section 4019.5 requires that a record is kept of individual in custody at this facility. all disciplinary infractions and punishment administered, ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1280 FACILITY SANITATION, SAFETY, AND MPD Manual Section 900.7.3, Sanitation and MAINTENANCE Maintenance Temporary Holding Facility shall be cleaned, as The facility administrator shall develop written policies and necessary, in order to provide a proper custodial procedures for the maintenance of an acceptable level of ☒ ☐ ☐ and working environment. Any maintenance cleanliness, repair, and safety throughout the facility. Such a problems will be reported to the Corporation plan shall provide for a regular schedule of housekeeping Yard via an MSR. tasks and inspections to identify and correct unsanitary or BSCC Staff walked through the entire unsafe conditions or work practices which may be found. Temporary Holding Facility and found it to be clean and well maintained. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act ☒ ☐ (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders 0555 Contra Costa Martinez PD THJ PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot (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 No Minors are held in the secure Temporary Holding secure detention in the jail. Title 15, Article 9 establishes 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. 0555 Contra Costa Martinez PD THJ PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 0555 FACILITY NAME: Martinez Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1988 FIELD REPRESENTATIVE: Dale Miller DATE: August 2, 2022 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 Inmates are not held over 12 hours. 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) Added outdoor weapons lockers 2004. External to the security area and equipped with individual X compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) There are no cells of this type in this facility. 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) There are no cells of this type in this facility. 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 Padded floor, door and walls X 0555 Contra Costa Martinez PD TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS 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) Dispatch has audio and video monitoring into the holding area. Audio and video are continuously For facilities planned or constructed after 8-86 X monitored when there is a prisoner present. According to dispatch, prisoners can request assistance via the monitoring system. 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 0555 Contra Costa Martinez PD TH PHY 20-22 - 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: 0555 FACILITY: Martinez Police Department TYPE: TH RC: (4) FIELD REPRESENTATIVE: Dale Miller DATE: August 2, 2022 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds BRC BRC (L x W x H) T U W F S Booking Holding 1988 2 2 (4) 7.0' X 8.3' X 9’ 1 1 1 Note: 40" bench *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 0555 Contra Costa Martinez PD TH LASE 20-22 1 A360 LAS Adult.dot (03/01)