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

May 21, 2018 Manjit Sappal, Chief of Police Martinez Police Department 525 Henrietta Street Martinez, CA 94553 2016-2018 BIENNIAL INSPECTION PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Sappal: On April 5, 2018, staff of the California Board of State and Community Corrections (BSCC) conducted the 2016 - 2018 biennial inspection of the Martinez Police Department temporary holding facility pursuant to Penal Code Section 6031 and Welfare and Institutions Code (WIC) Section 209. The jail was inspected for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requirements for holding minors. The inspection consisted of a review of applicable policies and procedures governing the operation of the facility, staff interviews, a review of documentation to verify that your practices follow your written procedures, and a walk- through of the physical plant. The complete BSCC inspection report is enclosed and consists of: • This transmittal letter; • The Procedures Checklist outlining applicable Title 15 sections; • The Physical Plant Evaluation outlining Title 24 requirements for design; and, • The Living Area Space Evaluation that summarizes the detention facility’s physical plant configuration. We encourage the practice of maintaining a permanent file for historical copies of all inspections. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code § 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. FIRE INSPECTION: The most recent fire inspection was conducted by the Contra Costa County Fire Protection District on March 5, 2018 and fire clearance was granted. 0555 CC Martinez PD THJ PRO 2016-18 Manjit Sappal, Chief of Police Page 2 HEALTH INSPECTIONS: The county health department conducted or scheduled the following inspections. Environmental Health Medical /Mental Health Nutritional Martinez Police Department April 26, 2018 April 26, 2018 N/A Contra Costa Health Services conducted the Environmental and Medical/Mental Health inspections on April 26, 2018 and no issues were identified in their reports. BSCC INSPECTION PHYSICAL PLANT: The Martinez Police Department city jail is evaluated as a temporary holding facility under the 1988 Title 24 standards.1 On the day of the inspection, no prisoner was in custody. The facility consists of two holding cells and prisoners are held until processed for release or transport to the county jail. The facility was very clean, and we did not observe or note any issues of noncompliance. POLICY REVIEW: BSCC reviewed the relevant sections of agency policy to ensure that applicable Title 15 regulations were addressed2. During our limited review, we found no issues of non-compliance. PROCEDURES REVIEW: BSCC continued its inspection by reviewing procedures and practices at the facility to evaluate compliance with applicable regulations. This included reviewing temporary holding facility training requirements; number of personnel and hourly safety checks; local inspections, inmate screening and classification. During our review of supporting documentation, we did not identify any issues of noncompliance. Please refer to the Procedures Checklist for additional details. JUVENILE INSPECTION: Pursuant to WIC§ 209, we reviewed applicable policy, procedures, practices and supporting documentation to comply with Title 15 Article 9, Minors in Custody in a Law Enforcement Facility. Policy states that juveniles can be held in secure detention in the juvenile detention rooms, but the practice is to seat the juvenile in the report writing room adjacent to the officer. During the past twelve months, no juvenile was held in secure detention and 1 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel. 2 BSCC does not review all your policies and procedures. We only review those policies related specifically to the applicable regulations included in Title 15, Minimum Standards for Local Detention Facilities for issues of non- compliance. We do not “approve” your policies nor do we review them for Constitutional or legal issues. We recommend agencies seek policy review through their legal advisor, risk manager, and other persons deemed appropriate. 0555 CC Martinez PD THJ PRO 2016-18 Manjit Sappal, Chief of Police Page 3 no juvenile was held in nonsecure detention. We did not note any violation of regulation or state law. Please refer to the Procedures Checklist under Detention of Minors for further details. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT COMPLIANCE MONITORING: In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). After our review, we determined there was no violation of federal law. ____________________ This concludes our inspection report for the 2016-2018 inspection cycle. If you have any questions, or we can be of further assistance, please contact your assigned field representative Michael Bush at (916) 324-9861 or email: michael.bush@bscc.ca.gov Sincerely, ROBERT TAKESHTA, Retired Annuitant Facility Standards and Operations Division Phone: (916) 709-3950 E-mail: RobertTakeshta@bscc.ca.gov Enclosures cc: Chair Person, City Council, City of Martinez* City Manager, City of Martinez* Presiding Judge, Superior Court, County of Contra Costa* Grand Jury Foreperson, Superior Court, County of Contra Costa* Sergeant Fred Ferrer* 0555 CC Martinez PD THJ PRO 2016-18 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0555 FACILITY NAME: Martinez Police Department FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sergeant Fred Ferrer FIELD REPRESENTATIVE: Robert Takeshta DATE: April 5, 2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1024 COURT HOLDING AND TEMPORARY Policy 900.11 Training HOLDING FACILITY TRAINING All personnel who are responsible for supervising inmates, and supervisors with custodial responsibilities, complete the eight hours of specialized training outlined in this X regulation within six (6) months of assignment. Successful completion of training, pursuant to Section 1020 of these regulations, may be substituted for the initial eight hours of training. Eight hours of refresher training is completed every two Policy 900.11 Training years. Successful completion of training, pursuant to Eight hours of refresher training were Section 1025 of these regulations, may be substituted for X completed in 2017 through April 2018. The the eight-hour refresher. eight-hour course in being revised to incorporate additional Title 15 requirements. 1027 NUMBER OF PERSONNEL Policy 900.1.1 Supervision of Prisoners There are sufficient personnel on duty at all times X (whenever there is an inmate in custody) to ensure the implementation and operation of all programs and activities required by these regulations. There is a written plan that includes the documentation of Policy 900.3.1 Supervision of Prisoners hourly safety checks. Policy states, all prisoners should be visually X checked no less than once every 15 minutes and documented in the Temporary Holding Facility log. There is at least one employee on duty at all times, who shall be immediately available and accessible with the X ability to respond to any inmate in the event of an emergency. 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 CC Martinez PD THJ PRO 2016-18 - 1 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Whenever one or more female inmates are in custody, there Policy 900.3.5 Temporary Detention of is at least one female employee immediately available and Females accessible. Policy states, there shall be at least one female Note: Reference PC § 4021. X staff available and accessible to female prisoners. If a female staff member is not readily available, the female prisoner will be transported to county jail. A staffing plan is available which indicates personnel Policy 900.2.1 Staffing Plan assigned and their duties. X 1028 1028 FIRE AND LIFE SAFETY STAFF Policy 900.1.1 Supervision of Prisoners Whenever there is an inmate in custody, there is at least X one person on duty at all times who meets the BSCC training standards for general fire and life safety. There is at least one person on duty who trained in fire and life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 2 Policy 900 Temporary Holding Facility There is a published manual of policies and procedures for X the facility that addresses applicable regulations and includes: Table of organization, including channels of Policy 900.2 Department Organization and X communications; Responsibility Inspections and operations reviews by the facility Policy 900.10(m) X administrator/manager; Use of force; X Policy 908.1(g) Use of restraint equipment, including the restraint of Policy 900.6 Use of Restraints & 900.3.6 pregnant inmates; X Handcuffing of Pregnant Arrestees Note: Reference PC § 6030(f); Screening newly received inmates for release Policy 900.1.4 Detainable Prisoners X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: Policy 900.110 Security X Physical counts of inmates; Searches of the facility; X Policy 900.7 Holding Cells Searches of inmates; X Policy 900.7(a) Contraband control; and, X Policy 900.7(a) Key control. X Policy 900.10(b) At least annually, the facility administrator reviews, Policy 900.10(m) evaluates and documents internal and external security X measures. Emergency procedures, including: X Escape; X Policy 900.10(e) Disturbances; X Policy 900.10(j) Taking of hostages; X Policy 900.10(j) Civil disturbance; X Policy 900.10(j) Natural disasters; X Policy 900.10(h) Periodic testing of emergency equipment; X Policy 900.10(k) 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0555 CC Martinez PD THJ PRO 2016-18 - 2 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Storage, issue and use of weapons, ammunition, Policy 900.8.1(a) X chemical agents; and, Storage, issue and use of security devices. X Policy 900.8.1 Suicide prevention; and, X Policy 900.3.3(c) Segregation of inmates. X Policy 900.3.3 The manual is available to all employees. X The manual is comprehensively reviewed and updated at The policy was updated on February 20, 2018. least every two years. X 1032 FIRE SUPPRESSION PREPLANNING Policy 900.10(g) There is a fire suppression pre-plan that has been developed X in consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff Policy 900.5 Fire Safety with a two-year retention of the inspection record; Monthly inspections are documented on the X Temporary Holding Facility Monthly Inspection Report. Fire prevention inspections at least once every two The Contra Costa County Fire Protection years; District conducted the fire and life safety X Note: Reference Health and Safety Code Section inspection on March 5, 2018 and fire clearance 13146.1(a) and (b); was granted. An evacuation plan; and, X Policy 900.10(f) A plan for the emergency housing of inmates in the Prisoners would be transported to county jail. event of a fire. X 1044 INCIDENT REPORTS Policy 900.5.6 Reporting Physical Harm or Serious Threat of Physical Harm There are written policies and procedures for the maintenance of written records and reporting of all incidents that result in physical harm, or serious threat of X physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and submitted to the facility manager or his/her designee. X 1046 DEATH IN CUSTODY Policy 900.8 Suicide Attempt, Death or Serious Injury X Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. 0555 CC Martinez PD THJ PRO 2016-18 - 3 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS When a minor dies in a facility, the administrator of the Policy 312.7.5(b) Death of a Juvenile While facility provides the Board of State and Community Detained Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN Policy 900.3.3 Prisoner Classification, Screening and Segregation X The facility has a written classification plan designed to properly assign inmates to housing units and activities. Includes receiving screening performed at intake by trained X personnel. Includes maintenance of a record of each inmate's classification level, housing restrictions and housing X assignments. 1051 COMMUNICABLE DISEASES Policy 900.1.3(b) Non-Detainable Prisoners Policy states, any prisoner who claims or is There are written policies and procedures specifying those X known to be inflicted with a communicable symptoms that require segregation of an inmate until a disease will be transported to county jail. medical evaluation can be completed. An inquiry is made to determine if the inmate has or has had any communicable diseases, or has observable symptoms of communicable diseases, including but not X limited to tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or screening device. X 1052 MENTALLY DISORDERED INMATES Policy 900.1.3(c) Non-Detainable Prisoners Policy states, any prisoner suffering from a There are written policies and procedures for the X severe mental disorder will be transported to identification and evaluation of all mentally disordered county jail. inmates. An evaluation by health care staff occurs within 24 hours of This evaluation will occur at county jail. identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety of the inmate or others. X 1053 ADMINISTRATIVE SEGREGATION Policy 900.1.3(d) Non-Detainable Prisoners Policy states, any prisoner requiring special There are written policies and procedures, which provide housing will be transported to county jail. for administrative segregation of inmates who are X determined to be prone to: escape; assault staff or other inmates; disrupt operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting X inmates and staff. 0555 CC Martinez PD THJ PRO 2016-18 - 4 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1055 USE OF SAFETY CELL The facility does not have a safety cell. The remainder of the text for this regulation is The safety cell, specified in Title 24, Part 2, Section 1231 deleted from the checklist. X 2.5, is used only to hold inmates who display behavior that results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL The facility does not have a sobering cell. The remainder of the text for this regulation is The sobering cell, specified in Title 24, Part 2, Section deleted from the checklist. 1231 2.4 is used only for holding inmates who are a threat X to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures. 1057 DEVELOPMENTALLY DISABLED Policy 900.1.3(g) Non-Detainable Prisoners INMATES Policy states, any prisoner suspected or X confirmed to be developmentally disabled will There are written procedures for identification and be transported to county jail. evaluation of all developmentally disabled inmates. A contact to the regional center occurs within 24 hours when an inmate is suspected or confirmed to be X developmentally disabled. 1058 USE OF RESTRAINT DEVICES Policy 900.6 Use of Restraint Devices Policy states, use of restraints is limited to There are written policies and procedures for the use of handcuffs or leg irons in the temporary holding restraint devices that include: facility. Patrol officers may use the wrap to transport a prisoner from the sally port to the X county jail. The remainder of the text for this regulation is deleted from the checklist. 1067 ACCESS TO TELEPHONE Policy 900.5.4 Telephone Calls There are written policies and procedures that allow X reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS Policy 900.5.4(c) There are written policies and procedures that ensure the X inmate's right to confidential consultation with attorneys. 1081 PLAN FOR INMATE DISCIPLINE (WA) Policy 900.5.7 Discipline There are written policies and procedures for inmate discipline. (This may be waived by written policy X stating that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 0555 CC Martinez PD THJ PRO 2016-18 - 5 - A352 TH PRO eff. 9/2012.dot DETENTION OF MINORS YES NO N/A Are minors held in this facility? Minors are not detained in the secure perimeter of the holding area. Juveniles can be held in nonsecure detention in the report writing room. If YES, then the core requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the X provisions of Title 15, Article 9, Minors in Detention in a Law Enforcement Facility apply and will be inspected for. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. Number of violations: None Reference: WIC 206 & 207 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles may not be confined or detained in any facility in which they have contact with adult prisoners. X Number of violations: None Reference: WIC 208 42 USC 5633 SECTION 223(a)(13) JAIL REMOVAL (SIX-HOUR HOLD EXCEPTION) During the previous calendar year, minors are securely X detained for a period not to exceed six hours. Number of violations: None Reference: WIC 207.1(d)1(B) 0555 CC Martinez PD THJ PRO 2016-18 - 6 - A352 TH PRO eff. 9/2012.dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 0555 FACILITY NAME: Martinez Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1988 FIELD REPRESENTATIVE: Robert Takeshta DATE: April 5, 2018 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and Inmates are not held this long 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 0555 CC Martinez PD PHY.docx 2016-18 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Contain flush ring toilet (flush with floor) with controls located outside the cell X Padded floor, door and walls X Equipped with variable intensity, security light, with controls located outside the cell X Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell door (Facility X planned or constructed prior to 8-86) Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which must be in X the door (Facility planned or constructed after 8-86; See regulations for later changes)) Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at least 30 X inches above the floor Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) 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 would be able to request assistance via the monitoring system. Janitor Closet (2.20) X Available 0555 CC Martinez PD PHY.docx 2016-18 - 2 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS 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 CC Martinez PD PHY.docx 2016-18 - 3 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 0555 FACILITY: Martinez Police Department TYPE: TH RC: 0 FIELD REPRESENTATIVE: Robert Takeshta DATE: April 5, 2018 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' 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 CC Martinez PD THJ LAS 2016-18 1 A360 LAS Adult.dot (03/01)