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

June 26, 2020 Manjit Sappal, Chief Martinez Police Department 525 Henrietta Street Martinez, CA 94553 2018-2020 BIENNIAL INSPECTION OF MARTINEZ POLICE DEPARTMENT, MARTINEZ POLICE TEMPORARY HOLDING FACILITY JAIL, PENAL CODE 6031 Dear Chief Sappal, On February 28, 2020 staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Martinez 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). Environmental Health – December 26,2019 Medical/Mental Health – December 26, 2019 Fire Inspection – March 5, 2018 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. 0555 Contra Costa Martinez Police Department LTR 18-20 Chief Sappal Martinez Police Department Page 2 BSCC INSPECTION The inspection consisted of a review of the Martinez 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 the following items of noncompliance: 1027.5 Safety Checks: Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. BSCC Staff reviewed random safety checks from the last year. There was a lack of consistency and documentation of checks. 1029 Policy and Procedures, Annual Security Review: Each facility administrator shall, at least annually, review, evaluate, make a record of security measures. The review and evaluation shall include internal and external security measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. BSCC Staff requested to see the review, but it was not completed or available. 1029 Policy and Procedures, Zero Tolerance and Reporting Procedures: Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility…which includes a Zero tolerance for the prevention of sexual abuse and sexual harassment… Include multiple internal ways for inmates to privately report sexual abuse and sexual harassment, without retaliation by other inmates or staff. Finally, a method for uninvolved inmates, family, community members, and other interested third parties to report sexual abuse or sexual harassment At the time of the inspection, the agency’s policy and procedures manual lacked a zero- tolerance policy for sexual abuse and sexual harassment involving detainees. Currently, 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. 0555 Contra Costa Martinez Police Department LTR 18-20 Chief Sappal Martinez Police Department Page 3 there is not a posted or publicly accessible means for arrestees, other inmates, staff, or third parties to privately report sexual abuse or sexual harassment of those in custody. 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. It should be noted that the facility was well maintained and clean. 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 If there are any changes or corrections to those items identified above, you may submit your corrective actions to the BSCC for inclusion with this report. This concludes our inspection report for the 2018-2020 biennial inspection cycle of the Martinez Police Department Temporary Holding Facility. We would like to express our gratitude to Corporal Ryan Baille 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, Digitally signed by Dale A. Miller Dale A. Miller Date: 2020.06.29 11:33:39 -07'00' Dale Miller Field Representative Facilities Standards and Operations Division Enclosures cc: Mayor, City of Martinez* City Manager, City of Martinez* Presiding Judge, Superior Court, County of Contra Costa* Chair, Contra Costa County Grand Jury* Ryan Baille, Corporal, Martinez Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0555 Contra Costa Martinez Police Department LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0555 FACILITY NAME: FACILITY TYPE: Martinez Police Department (MPD) THJ PERSON(S) INTERVIEWED: Corporal Ryan Baille FIELD REPRESENTATIVE: Dale Miller DATE: February 28, 2020 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: Custodial personnel who supervise inmates in, and Department members responsible for supervisors of, a Court Holding or Temporary Holding supervising adults in temporary custody shall facility shall complete 8 hours of specialized training. Such complete the Corrections Officer Core Course training shall include, but not be limited to: or eight hours of specialized training within six (a) applicable minimum jail standards; months of assignment. (b) jail operations liability; ☒ ☐ ☐ (a) Applicable minimum jail standards (c) inmate segregation; (b) Jail operations liability (d) emergency procedures and planning, fire and life (c) Inmate segregation safety; and, (d) Emergency procedures and planning, fire (e) suicide prevention. safety, and life safety Each agency shall determine if additional training is needed (e) Suicide prevention based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in MPD Manual Section 900.10 Training any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once 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 confirmed all officers were substituted for the eight-hour refresher. provided training in June of 2019. 1027 NUMBER OF PERSONNEL MPD Manual Section 216 Staffing Levels: The Martinez Police Department does not employ correctional personnel or other staff to A sufficient number of personnel shall be employed in each ☒ ☐ ☐ specifically work the temporary holding local detention facility to ensure the implementation and facility. When an inmate is in custody, a trained operation of the programs and activities required by these police employee stays in the 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. 0555 Contra Costa Martinez PD 18-20 - 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 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 would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. 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 facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ BSCC Staff reviewed duty rosters and it reviewed by the Board staff at the time of their biennial appears that there is sufficient staffing for the inspection. The results of such a review and operation of these facility, which averages less recommendations shall be reported to the local jurisdiction than one inmate a day. having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS MPD Manual Section 900.6, Holding Cells: Safety checks shall be conducted at least hourly through ☐ ☒ ☐ BSCC Staff reviewed three months of safety direct visual observation of all inmates. There shall be no checks and found that multiple records lack any more than a 60-minute lapse between safety checks. documentation of required checks. There is a written plan that includes the documentation of MPD Manual Section 900.6 Holding Cells: routine safety checks. ☒ ☐ ☐ (e) Safety checks by department members shall occur no less than every 15 minutes. 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 All members should receive training with 6- person on duty who trained in fire and life safety procedures ☒ ☐ ☐ months of assignment that relate specifically to the facility. 0555 Contra Costa Martinez PD 18-20 - 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 MPD Manual 900 Sections, Temporary Holding Facility were reviewed and updated on 01/03/2020. Facility administrator(s) shall develop and publish a manual 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 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 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 420 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: ☒ ☐ ☐ (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. This review was not available at the time for BSCC Staff review and the manual does not include the prevention of sexual abuse and harassment elements. (7) Emergency procedures include: (A) fire suppression preplans as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; MPD Manual Section 900.9 Assigned ☒ ☐ ☐ Administrator (C) mass arrests; ☒ ☐ ☐ MPD Manual Section 413.5 Mass Arrest (D) natural disasters; ☒ ☐ ☐ MPD Manual Section 417 Incident Command 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 18-20 - 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, 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 Agency does not have written Zero Tolerance sexual harassment. for sexual abuse and sexual harassment ☐ ☒ ☐ involving inmates. (11) Policy and procedure to detect, prevent, and respond MPD Manual Section 314.3.4 Retaliation to retaliation against any staff or inmate after reporting Retaliation is treating a person differently or any abuse. engaging in acts of reprisal or intimidation against the person because he/she has engaged ☒ ☐ ☐ in protected activity, filed a charge of discrimination, participated in an investigation or opposed a discriminatory practice. Retaliation will not be tolerated. (e) The manual for Temporary Holding, Court Holding, Agency does not have posted policy or inmate Type I, II, III, and IV facilities shall provide for, but not be handout inmates to know how or where to limited to, the following: report sexual abuse or harassment. (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, Agency does not have posted policy for how or community members, and other interested third parties where to report sexual abuse or harassment of to report sexual abuse or sexual harassment. The ☐ ☒ ☐ inmates. method for reporting shall be publicly posted at the facility. 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 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).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 ☒ ☐ ☐ procedures. (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. 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 Daily inspections are completed by the Watch monthly basis with two-year retention of the inspection Commander and monthly fire/life safety ☒ ☐ ☐ record; inspections are completed by assigned officer. BSCC Staff reviewed two years of inspections. (c) fire prevention inspections as required by Health and There was a current Fire Inspection on file on Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ the day of the inspection, completed on March inspections at least once every two years; 05, 2018. (d) an evacuation plan; and, ☒ ☐ ☐ Evacuation plan is posted (e) a plan for the emergency housing of inmates in the case of Inmates are to be moved to county jail. ☒ ☐ ☐ fire. 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 ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons Police Officers complete all incident reports in involved, a description of the incident, the actions taken, and Records Management system. BSCC staff the date and time of the occurrence. ☒ ☐ ☐ requested to review incident reports, but no incidents had occurred during the inspection cycle. 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. 0555 Contra Costa Martinez PD 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 participate 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 312, Temporary Custody of Juveniles In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ 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 III facility shall develop and implement a written MPD Manual Section 900.1.3, Non-Detainable classification plan designed to properly assign inmates to Prisoners housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, MPD Manual Section 900.1.4, Detainable physical or mental health needs, assaultive/non-assaultive Prisoners behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ In practice and due to the size of the facility, inmates and staff. Such housing unit assignment shall be persons are seldom held in the facility. In cases accomplished to the extent possible within the limits of the where there are needs to utilize both cells or any available number of distinct housing units or cells in a facility. special needs, arrestees are 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.) (c) In deciding whether to assign an inmate to a housing area Questions regarding inmate’s personal safety for male or female inmates, and in making other housing and are included in the classification questionnaire. 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. 0555 Contra Costa Martinez PD 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1051 COMMUNICABLE DISEASES Questions regarding inmate’s symptoms and diagnosis of communicable diseases. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Agency has updated the medical/classification procedures specifying those symptoms that require questions to include medical questions segregation of an inmate until a medical evaluation is regarding communicable diseases. completed. At the time of intake into the facility, an inquiry shall be MPD Manual Section 900.1.3, Individuals Who made of the person being booked as to whether or not he/she Should Not Be in Temporary Custody: Any has or has had any communicable diseases, such as individual who claims to have, is known to be tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ afflicted with, or displays symptoms of any any other communicable diseases, or other special medical communicable disease that poses an problem identified by the health authority. The response unreasonable exposure risk. shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES MPD Manual Section 902.8, Prisoner Classification, Screening and Segregation 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 This is a temporary holding facility and all readily available, an inmate shall be considered mentally inmates are transferred within 24 hours disordered for the purpose of this section if he or she appears 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 Arrestees needing segregation are separated or of the inmate or others. ☒ ☐ ☐ transported directly to Contra Costa County Jail. 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. 0555 Contra Costa Martinez PD 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL There are no safety cells in this facility. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL There are no sobering cells in this facility. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ 0555 Contra Costa Martinez PD 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 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 312.7.3, Use of Restraint Devices The facility administrator, in cooperation with the It is the policy of the department that restraints responsible physician, shall develop written policies and ☒ ☐ ☐ will not be used for inmates retained in custody. procedures for the use of restraint devices and may delegate The use of a restraint is an extreme measure and authority to place an inmate in restraints to a responsible only for a temporary measure pending health care staff. transportation to another facility. 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. 0555 Contra Costa Martinez PD 18-20 - 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 MPD Manual 302.3.1, Restraint of Pregnant Persons The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Pregnant arrestees will not be held in this procedures for the use of restraint devices on pregnant facility and are transported to a hospital or inmates. In accordance with Penal Code 3407 the policy Contra Costa County Jail. shall include reference to the following: (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 0555 Contra Costa Martinez PD 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 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 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 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. 0555 Contra Costa Martinez PD 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 3. The inmate shall be permitted to appear on his/her MPD Manual Section 900.4.7, Discipline own behalf at the time of hearing and present witnesses Discipline will not be administered to any and documentary evidence. The inmate shall have ☐ ☐ ☒ individual in custody at this facility. access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by the factfinders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator 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 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. 0555 Contra Costa Martinez PD 18-20 - 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 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. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except MPD Manual Section 900.4.7, Discipline in cases where the inmate has violated correspondence Discipline will not be administered to any regulations, in which case correspondence may be ☐ ☐ ☒ individual in custody at this facility. 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. 0555 Contra Costa Martinez PD 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. Any all disciplinary infractions and punishment administered, ☐ ☐ ☒ individual in custody who repeatedly fails to therefore. This requirement may be satisfied by retaining follow directions or facility rules should be copies of rule violation reports and report of the disposition transported to the appropriate jail, mental health of each. facility or hospital as soon as practicable. 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 detention of minors: (1) Deinstitutionalization of Status Offenders ☒ ☐ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☒ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 0555 Contra Costa Martinez PD 18-20 - 14 - 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: 0555 FACILITY NAME: Martinez Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1988 FIELD REPRESENTATIVE: Dale Miller DATE: February 28, 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 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 18-20 - 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 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 0555 CC Martinez PD PHY 18-20 - 2 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Attorney Interview Space (2.26) X Available 0555 CC Martinez PD PHY 18-20 - 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: Dale Miller DATE: February 28, 2020 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 Contra Costa Martinez PD TH LAS 18-20 1 A360 LAS Adult.dot (03/01)