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

April 21, 2020 Bryan Hill, Chief Pleasant Hill Police Department 330 Civic Drive Pleasant Hill, CA 94523 2018-2020 BIENNIAL INSPECTION OF PLEASANT HILL POLICE DEPARTMENT, PLEASANT HILL POLICE TEMPORARY HOLDING FACILITY JAIL, PENAL CODE 6031 Dear Chief Hill, On February 24, 2020 the staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Pleasant Hill Police Department Temporary Holding Facility. A pre-inspection briefing was held on January 22, 2020. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation outlining Title 24 requirements for design; and, a Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your office under a separate cover. Environment Health Inspection - December 27, 2019 Medical/Mental Health – December 27, 2019 Fire Inspection – January 14. 2020 0570 Pleasant Hill Police Department LTR 18-20 Chief Hill Pleasant Hill Police Department Page 2 BSCC INSPECTION The inspection consisted of a review of the Pleasant Hill 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: 1029 Policy and Procedures Manual: Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility…the manual for Temporary Holding… shall provide for: (10) Zero tolerance in the prevention of sexual abuse and sexual harassment. Additionally, there shall be multiple internal ways for inmates to privately report sexual abuse and sexual harassment. Finally, a method for uninvolved inmates, family, community members, and other interested third parties to report sexual abuse or sexual harassment. Currently, there is not a Zero Tolerance policy for sexual abuse and sexual harassment in the policy and procedures manual. Additionally, the reporting procedures for inmates, staff, and third parties is not published and available. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA; In 2019, no minors were held beyond the 6-hour limit for secure detention. 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. 0570 Pleasant Hill Police Department LTR 18-20 Chief Hill Pleasant Hill Police Department Page 3 Corrective Action Plan The noncompliance issue listed above may be addressed in a corrective action plan submitted to the BSCC for inclusion with this report. This concludes our inspection report for the 2018-2020 biennial inspection cycle of the Pleasant Hill Police Department Temporary Holding Facility. We would like to express our gratitude to Captain Greg Kogler and Support Services Supervisor Jodi Cornell who assisted during the inspection. We look forward to working with you in the future to provide technical assistance. If you should have any questions, please contact me at (916) 323-2613 or email at dale.miller@bscc.ca.gov. Sincerely, Dale A. Miller Digitally signed by Dale A. Miller Date: 2020.04.21 13:14:08 -07'00' DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: Mayor, City of Pleasant Hill* City Manager, City of Pleasant Hill* Presiding Judge, Superior Court, County of Contra Costa* Chair, Contra Costa County Grand Jury* Captain Greg Kogler, Pleasant Hill Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0570 Pleasant Hill Police Department LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0570 FACILITY NAME: Pleasant Hill Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Captain Greg Kogler and Support Supervisor Jodi Cordell FIELD REPRESENTATIVE: Dale Miller DATE: February 24, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Pleasant Hill Police Department uses Chapter 9 HOLDING FACILITY TRAINING of the Policy Manual as guidelines for the Temporary Holding Facility. Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding PHPM 900.1.1 – Supervision of Prisoners: facility shall complete 8 hours of specialized training. Such Custodial personnel who are responsible for training shall include, but not be limited to: supervising prisoners in the Pleasant Hill Police (a) applicable minimum jail standards; Department Temporary Holding Facility shall (b) jail operations liability; ☒ ☐ ☐ complete eight hours of specialized training (15 CCR § 1024). Such training shall include, but (c) inmate segregation; not be limited to, the following: (d) emergency procedures and planning, fire and life (a) Applicable minimum jail standards safety; and, (b) Jail operations liability (e) suicide prevention. (c) Inmate segregation Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, (d) Emergency procedures and planning the number of inmates, the employees' level of experience (e) Suicide prevention and training, and other relevant factors Such training shall be completed as soon as practical, but in PHPM 900.1.1 – Supervision of Prisoners: any event not more than six months after the date of assigned Such training shall be completed as soon as responsibility, or the effective date of this regulation. practicable, but in any event not more than six Successful completion of Core training or supplemental ☒ ☐ ☐ months after the date of assigned responsibility. 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 shall be every two years. Successful completion of the requirements completed once every two years. ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. 1027 NUMBER OF PERSONNEL Arresting or transporting officers stay with their arrestee for the short period of time that the arrestee stays in the temporary holding facility. A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and All officers are trained and can supervise operation of the programs and activities required by these inmates. 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. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at PHPM 900.1.1 – Supervision of Prisoners: least one employee on duty at all times in a local detention No prisoner will be held in the Temporary facility or in the building which houses a local detention Holding Facility unless there is a designated ☒ ☐ ☐ facility who shall be immediately available and accessible to employee who remains within the police inmates in the event of an emergency. building who can supervise the Temporary Holding Facility and respond to emergencies. Such an employee shall not have any other duties which PHPM 900.1.1 – Supervision of Prisoners: would conflict with the supervision and care of inmates in ☒ ☐ ☐ This person will not have other duties that could the event of an emergency. conflict with the supervision of prisoners. Whenever one or more female inmates are in custody, there PHPM 900.1.1 – Supervision of Prisoners: shall be at least one female employee who shall be Whenever one or more female inmates is in immediately available and accessible to such females. ☒ ☐ ☐ custody, there shall be at least one female Note: Reference PC§ 4021. employee, who shall be immediately available and accessible to such females. To determine if there is a sufficient number of personnel for BSCC Staff reviewed personnel rosters and a specific facility, the facility administrator shall prepare and facility safety checks. There appears to be retain a staffing plan indicating the personnel assigned in the adequate personnel on duty at the facility. facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS PHPM 900.3.1 – Supervision of Prisoners All prisoners, with the exception of intoxicated Safety checks shall be conducted at least hourly through prisoners, should be visually checked no less direct visual observation of all inmates. There shall be no ☒ ☐ ☐ than once every hour. more than a 60-minute lapse between safety checks. BSCC Staff reviewed random safety checks and found them to be in compliance with this section. There is a written plan that includes the documentation of PHPM 900.3.2 – Log Entries and Security ☒ ☐ ☐ routine safety checks. Checks 1028 FIRE AND LIFE SAFETY STAFF All personnel responsible for supervision of prisoners are trained in facility fire safety. Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 PHPM 900 – Custody Facility administrator(s) shall develop and publish a manual Manual was reviewed on December 31, 2019 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 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility Facility Supervisor or his/her designee shall administrator/manager. inspect the facility on a monthly basis. The ☒ ☐ ☐ results of the monthly inspection shall be documented in writing (3) Policy on the use of force. ☒ ☐ ☐ PHPM 300 – Use of Force (4) Policy on the use of restraint equipment, including the PHPM 302.3.2 – Restraint of Pregnant Persons restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received PHPM 417 – Cite and Release Policy inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 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, ☒ ☐ ☐ Average Daily Population is less than 1 a day. (B) searches of the facility and inmates, ☒ ☐ ☐ PHPM 901 – Custodial Searches (C) contraband control, and, ☒ ☐ ☐ PHPM 901 – Custodial Searches (D) key control. ☒ ☐ ☐ PHPM 903.5.2 – Procedures Each facility administrator shall, at least annually, review, PHPM 900.9.1 – Security: evaluate, and make a record of security measures. The review The Facility Administrator will at least annually and evaluation shall include internal and external security review, evaluate, and document internal and measures of the facility including security measures specific ☒ ☐ ☐ external security measures. Such documentation to prevention of sexual abuse and sexual harassment. will be maintained in a file related to THF procedures and retained per statutory requirements. (7) Emergency procedures include: PHPM 900.5 – Fire Safety (A) fire suppression preplans as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ PHPM 900.9.1 – Security(j) (C) mass arrests; ☒ ☐ ☐ PHPM 442.8 – Arrests (D) natural disasters; PHPM 900.6.5 – Citywide or Regional ☒ ☐ ☐ Disasters (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (F) storage, issue, and use of weapons, ammunition, PHPM 900.9.1 – Security ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ (9) Segregation of Inmates. PHPM 900.3.3 – Prisoner Classification, ☒ ☐ ☐ Screening, and Segregation (10) Zero tolerance in the prevention of sexual abuse and Zero tolerance to prevent sexual abuse and ☐ ☒ ☐ sexual harassment. harassment is not contained in the manual. (11) Policy and procedure to detect, prevent, and respond PHPM 326.3.4 – Retaliation to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☐ ☒ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, community members, and other interested third parties to report sexual abuse or sexual harassment. The ☐ ☒ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM PHPM 900.1.3 – Non-Detainable Prisoners Prisoners who are or contemplating suicide will The facility shall have a comprehensive written suicide be transported to the County Jail, designated prevention program developed by the facility administrator, medical facility, or County Mental Health ☒ ☐ ☐ in conjunction with the health authority and mental health facility. 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 PHPM 900.1.1 – Supervision of Prisoners ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon Facility intake questionnaire contains questions ☒ ☐ ☐ intake and prior to housing assignment. regarding suicide. (c) Provisions facilitating communication among PHPM 900.1.7 – Transportation of Prisoners arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ PHPM 900.1.3 – Non-Detainable Prisoners (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ (f) Suicide attempt and suicide intervention policies and ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ PHPM 900.9.8 – Death of a Prisoner (h) Multi-disciplinary administrative review of suicides and PHPM 900.9.8 – Death of a Prisoner attempted suicides as defined by the facility ☒ ☐ ☐ A medical and operational review will be administrator. conducted on every in-custody death. 1032 FIRE SUPPRESSION PREPLANNING PHPM 900.5 – Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) a fire suppression pre-plan developed with the local fire The person, designated by the facility department to be included as part of the policy and procedures supervisor as having responsibility for the manual (Title 15, California Code of Regulations Section Temporary Holding Facility should, at the 1029); beginning and end of each shift, inspect the Temporary Holding Facility to ensure: (a) No flammable materials are stored in the detention area ☒ ☐ ☐ (b) Fire extinguishers are serviceable (c) Cell keys are available in the Watch Commander's office and Dispatch for emergency use (d) First aid kits are readily available and completely stocked (e) Smoke detectors are operational (b) regular fire prevention inspections by facility staff on a Facility Supervisor or his/her designee shall monthly basis with two-year retention of the inspection inspect the facility on a monthly basis. Facility ☒ ☐ ☐ record; is conducted daily by on-duty Watch Commander. (c) fire prevention inspections as required by Health and Fire Inspection was completed n January 14, Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ 2020. inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ Evacuation Plan is posted (e) a plan for the emergency housing of inmates in the case of PHPM 900.5.1 – Fire Procedures ☒ ☐ ☐ fire. 1044 INCIDENT REPORTS PHPM 900.3.7 Reporting Physical Harm or Serious Threat of Physical Harm: Each facility administrator shall develop written policies and Any Temporary Holding Facility incident that procedures for the maintenance of written records and ☒ ☐ ☐ results in physical harm or serious threat of reporting of all incidents which result in physical harm, or physical harm to an employee, inmate or other serious threat of physical harm, to an employee or inmate of person shall be documented in reports. a detention facility or other person. Such records shall include the names of the persons BSCC Staff requested to review incidents that involved, a description of the incident, the actions taken, and ☒ ☐ ☐ occurred in the last year. No incidents had the date and time of the occurrence. occurred. Such a written record shall be prepared by the staff assigned Facility Manager will retain a record of these to investigate the incident and submitted to the facility ☒ ☐ ☐ reports for inspection purposes. manager or his/her designee. 1046 DEATH IN CUSTODY PHPM 900.9.8 – Death of a Prisoner (a) Death in Custody Reviews for Adults and Minors. Contra Costa County Law Enforcement Fatal The facility administrator, in cooperation with the health Incident Protocol will be followed. administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor PHPM 315.7.1 – Death of a Juvenile While In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Detained lockup, or court holding facility: 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) The administrator of the facility shall provide to the PHPM 315.7.1 – Death of a Juvenile While Board a copy of the report submitted to the Attorney Detained (b) General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN PHPM 900.3 – Prisoner Supervision and Classification (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written PHPM 900.3.3 – Prisoner Classification, classification plan designed to properly assign inmates to Screening and Segregation housing units and activities according to the categories of sex, (a) Except in situations where there are more age, criminal sophistication, seriousness of crime charged, inmates than cells available, inmates shall be physical or mental health needs, assaultive/non-assaultive housed one (1) to a cell. behavior, risk of being sexually abused, or sexually harassed (b) In any case, male and female inmates will and other criteria which will provide for the safety of the be segregated. inmates and staff. Such housing unit assignment shall be ☒ ☐ ☐ (c) In any case, adult and juvenile inmates will accomplished to the extent possible within the limits of the be segregated. available number of distinct housing units or cells in a facility. (d) In any case, inmates suspected to have a communicable disease will be segregated. The written classification plan shall be based on objective (However, persons with a communicable criteria and include receiving screening performed at the time disease will not be retained at the THF). of intake by trained personnel, and a record of each inmate's (e) In any case, inmates displaying combative classification level, housing restrictions, and housing behavior will be segregated. (However, persons assignments. displaying combative behavior will not be (Subsection b does not apply and has been deleted.) retained at the THF). (f) All rival gang members will be segregated. (c) In deciding whether to assign an inmate to a housing area PHPM 900.1.3 – Non-Detainable Prisoners for male or female inmates, and in making other housing and PHPM 900.1.4 – Detainable Prisoners programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES In practice, the agency uses the Contra Costa County Jail’s medical questionnaire, which includes questions regarding communicable The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ diseases. procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be PHPM 900.1.3 – Non-Detainable Prisoners: made of the person being booked as to whether or not he/she (c) Any person who has claimed, or is known to has or has had any communicable diseases, such as be afflicted with, or displays symptoms of any tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ communicable disease. any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES PHPM 900.1.3 – Non-Detainable Prisoners: (h) Any person diagnosed as developmentally The facility administrator, in cooperation with the disabled ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not All arrestees that appear to have or display readily available, an inmate shall be considered mentally symptoms of mental disorders are transported to disordered for the purpose of this section if he or she appears a medical facility or county jail. 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 PHPM 900.3.3 – Prisoner Classification, ☒ ☐ ☐ of the inmate or others. Screening and Segregation 1053 ADMINISTRATIVE SEGREGATION PHPM 900.3.3 – Prisoner Classification, Screening and Segregation Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ 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 There is no safety cell 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. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A medical assessment shall be completed within a maximum There is no safety cell in this facility. 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 is no sobering cell 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. ☐ ☐ ☒ 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 PHPM 900.1.3 – Non-Detainable Prisoners: INMATES (h) Any person diagnosed as 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 All arrestees that appear to have or display center on any inmate suspected or confirmed to be symptoms of diagnosed developmentally developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ disabled are transported to a medical facility or and/or treatment within 24 hours of such determination, county jail. excluding holidays and weekends. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES PHPM 302 – Handcuffing and Restraints The facility administrator, in cooperation with the The agency has a restraint policy that is responsible physician, shall develop written policies and ☒ ☐ ☐ applicable for transport and taking arrestees into procedures for the use of restraint devices and may delegate custody. Restraints, other than those used for authority to place an inmate in restraints to a responsible security are not utilized in the secure lockup. health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☒ ☐ ☐ AED and CPR are available in the facility. 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. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT INMATES PHPM 302.3.2 – Restraint of Pregnant Persons The facility administrator, in cooperation with the The agency has a restraint policy that is responsible physician, shall develop written policies and ☒ ☐ ☐ applicable for transport and taking arrestees into procedures for the use of restraint devices on pregnant custody. Restraints, other than those used for inmates. In accordance with Penal Code 3407 the policy security are not utilized in the secure lockup. shall include reference to the following: (1) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she Pregnant inmates are not held in this facility. shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE PHPM 900.7 – Prisoner Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL PHPM 900.7 – Prisoner Telephone Calls PHPM 900.9.5 – Attorneys and Bail Bondsmen The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these This is a Temporary Holding Facility. ☐ ☐ ☒ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 900.9.5 – Attorneys and Bail Bondsmen 1080 RULES AND DISCIPLINARY PENALTIES PHPM 900.9.9 – Prisoner Discipline: Prisoner discipline will not be administered in Wherever discipline is administered, each facility ☒ ☐ ☐ 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. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR INMATE DISCIPLINE Prisoner discipline will not be administered in this facility. If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 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. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The inmate shall be advised in a written statement by Prisoner discipline will not be administered in the factfinders about the evidence relied on and the this facility. ☐ ☐ ☒ 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 Prisoner discipline will not be administered in this facility. The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY Prisoner discipline will not be administered in ACTIONS 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 Prisoner discipline will not be administered in minimum furnishings and space specified in Title 24, Part 2, this facility. 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. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The delegation of authority to any inmate or group of Prisoner discipline will not be administered in inmates to exercise the right of punishment over any other ☐ ☐ ☒ this facility. inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Prisoner discipline will not be administered in this facility. Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered, ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the 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 ☐ ☒ Minors are not held in the holding facility cells. 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 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 0570\Contra Costa Co\Pleasant Hill PD\February 24, 2020 - 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: 0570 FACILITY NAME: Pleasant Hill Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1976 FIELD REPRESENTATIVE: Dale Miller DATE: February 24, 2020 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) One in exterior administration. One in sally port. External to the security area and equipped with individual X compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) No cells of this type 01: name change to “Sobering Cell” X Limited to no more than 8 inmates Safety Cells (WA) (2.5) No cells of this type. Former safety cell did not meet regulations and was converted to a holding X Contain 48 square feet with one floor dimension at least 6 cell. feet Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) X For facilities planned or constructed after 8-86 Janitor Closet (2.20) X Available 0570 CC Pleasant Hill TH PHY 18-20\18-20\ February 24, 2020 - 1 - 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 0570 CC Pleasant Hill TH PHY 18-20\18-20\ February 24, 2020 - 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: 0570 FACILITY: Pleasant Hill Police Department TYPE: TH RC: (0) FIELD REPRESENTATIVE: Dale Miller DATE: February 24, 2020 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Notes: Toilet facilities are not located in the cells but are available in the detention area. Concrete bench/bunk in each cell. 1 Holding 1976 1 4 (4) 8.0 x 5.3 x 8.0 Notes: 5’ 3” Bench 2 Holding 1976 1 5 (5) 9.8 x 5.5 x 8.0 Notes: 9’ 8” Bench 3 Holding 1976 1 5 (5) 9.8 x 5.5 x 8.0 Notes: 9’ 8” Bench 4 Holding 1976 1 4 (4) 8.5 x 5.5 x 8.0 Notes: This was previously a safety cell that did not meet regulations; 42 square feet; converted to a holding cell; includes 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. 0570 CC Pleasant Hill TH LASE 18-20 2018-20 - 1 - A360 LAS Adult.dot (03/01)