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

May 21, 2018 Ron Raman, Chief of Police San Pablo Police Department 13880 San Pablo Avenue San Pablo, CA 94806 2016-2018 BIENNIAL INSPECTION PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Raman: On April 4, 2018, staff of the California Board of State and Community Corrections (BSCC) conducted the 2016 - 2018 biennial inspection of the San Pablo Police Department temporary holding facility pursuant to Penal Code Section 6031 and Welfare and Institutions Code (WIC) Section 209. The jail was inspected for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requirements for holding minors. The inspection consisted of a review of applicable policies and procedures governing the operation of the facility, staff interviews, a review of documentation to verify that your practices follow your written procedures, and a walk- through of the physical plant. The complete BSCC inspection report is enclosed and consists of: • This transmittal letter; • The Procedures Checklist outlining applicable Title 15 sections; • The Physical Plant Evaluation outlining Title 24 requirements for design; and, • The Living Area Space Evaluation that summarizes the detention facility’s physical plant configuration. We encourage the practice of maintaining a permanent file for historical copies of all inspections. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code § 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. FIRE INSPECTION: The most recent fire inspection was conducted by the Contra Costa County Fire Protection District on September 5, 2016 and fire clearance was granted. 0580 CC San Pablo PD THJ PRO 2016-18 Ron Raman, Chief of Police Page 2 HEALTH INSPECTIONS: The county health department conducted or scheduled the following inspections. Environmental Health Medical /Mental Health Nutritional San Pablo Police Department April 10, 2018 April 10, 2018 N/A The environmental health and medical/mental health inspections were conducted on April 10, 2018 and the county health officer is in the process of completing the reports. We would appreciate receiving copies of the completed reports. BSCC INSPECTION PHYSICAL PLANT: The San Pablo Police Department city jail is evaluated as a temporary holding facility under the 1994 Title 24 standards.1 On the day of the inspection, there were no inmates in the facility. The facility consists of three holding cells. Each cell is furnished with a raised concrete bunk, where a mattress pad can be laid on top of it. Inmates can be held in custody for up to twenty-fours, but the practice is transfer or release the prisoner upon conclusion of an investigation or inmate processing. The facility was very clean, and we did not observe or note any issues of noncompliance. POLICY REVIEW: BSCC reviewed the relevant sections of agency policy to ensure that applicable Title 15 regulations were addressed2. During our limited review, we found no issues of non-compliance. PROCEDURES REVIEW: BSCC continued its inspection by reviewing procedures and practices at the facility to evaluate compliance with applicable regulations. This included reviewing temporary holding facility training requirements; number of personnel and hourly safety checks; local inspections, inmate screening and classification. During our review of supporting documentation, we did not identify any issues of noncompliance. Please refer to the Procedures Checklist for additional details. 1 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel. 2 BSCC does not review all your policies and procedures. We only review those policies related specifically to the applicable regulations included in Title 15, Minimum Standards for Local Detention Facilities for issues of non- compliance. We do not “approve” your policies nor do we review them for Constitutional or legal issues. We recommend agencies seek policy review through their legal advisor, risk manager, and other persons deemed appropriate. 0580 CC San Pablo PD THJ PRO 2016-18 Ron Raman, Chief of Police Page 3 JUVENILE INSPECTION: Pursuant to WIC§ 209, we reviewed applicable policy, procedures, practices and supporting documentation to comply with Title 15 Article 9, Minors in Custody in a Law Enforcement Facility. Juveniles are not held in secure detention in the temporary holding facility. However, juveniles are escorted through a separate hallway outside of the secure holding area and they can be handcuffed to the cuffing bench in the report writing room. During the past twelve months, six juveniles were held in secure detention and twenty-one juveniles were held in nonsecure detention. We did not note any violations of regulation or state law. Please refer to the Procedures Checklist under Detention of Minors for further details. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT COMPLIANCE MONITORING: In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). After our review, we determined there was no violation of federal law. ____________________ This concludes our inspection report for the 2016-2018 inspection cycle. If you have any questions, or we can be of further assistance, please contact your assigned field representative Michael Bush at (916) 324-9861 or email: michael.bush@bscc.ca.gov Sincerely, ROBERT TAKESHTA, Retired Annuitant Facility Standards and Operations Division Phone: (916) 709-3950 E-mail: RobertTakeshta@bscc.ca.gov Enclosures cc: Chair Person, City Council, City of San Pablo* City Manager, City of San Pablo* Presiding Judge, Superior Court, County of Contra Costa* Grand Jury Foreperson, Superior Court, County of Contra Costa* Lieutenant John Benone* 0580 CC San Pablo PD THJ PRO 2016-18 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0580 FACILITY NAME: San Pablo Police Department FACILITY TYPE: TH PERSON(S) INTERVIEWED: Lieutenant Benone FIELD REPRESENTATIVE: Robert Takeshta DATE: April 4, 2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1024 COURT HOLDING AND TEMPORARY Policy 900.12 Training HOLDING FACILITY TRAINING All personnel who are responsible for supervising inmates, and supervisors with custodial responsibilities, complete the eight hours of specialized training outlined in this X regulation within six (6) months of assignment. Successful completion of training, pursuant to Section 1020 of these regulations, may be substituted for the initial eight hours of training. Eight hours of refresher training is completed every two Two of the jailers completed the eight-hour years. Successful completion of training, pursuant to refresher training on April 13, 2018. One jailer Section 1025 of these regulations, may be substituted for X is being scheduled for her training and the the eight-hour refresher. fourth jailer is retiring. 1027 NUMBER OF PERSONNEL The city jail is staffed by four jailers. There are sufficient personnel on duty at all times X (whenever there is an inmate in custody) to ensure the implementation and operation of all programs and activities required by these regulations. There is a written plan that includes the documentation of Policy 900.8 Holding Cells hourly safety checks. This policy requires a safety check no less than X every 15 minutes and is documented on the daily jail inspection log. There is at least one employee on duty at all times, who Policy 900.3.2 Supervision in Temporary shall be immediately available and accessible with the Custody X ability to respond to any inmate in the event of an emergency. Whenever one or more female inmates are in custody, there If a female jailer or officer is not available, the is at least one female employee immediately available and female prisoner will be transported to county X accessible. jail. Note: Reference PC § 4021. 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. 0580 CC San Pablo PD THJ PRO 2016-18 - 1 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS A staffing plan is available which indicates personnel assigned and their duties. X 1028 1028 FIRE AND LIFE SAFETY STAFF Policy 900.3.3 Staffing Plan Whenever there is an inmate in custody, there is at least X one person on duty at all times who meets the BSCC training standards for general fire and life safety. There is at least one person on duty who trained in fire and life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 2 Policy 900 Temporary Custody of Adults There is a published manual of policies and procedures for X the facility that addresses applicable regulations and includes: Table of organization, including channels of Policy 900.2 X communications; Inspections and operations reviews by the facility Policy 900.11(m) X administrator/manager; Use of force; X Department Policy Manual Use of restraint equipment, including the restraint of Policy 900.6 and 900.6.1 pregnant inmates; X Note: Reference PC § 6030(f); Screening newly received inmates for release Prisoners are routinely screened prior to X Note: Reference PC § 849(b)(2) and 853.6 booking at the city jail. Security and control, including: Policy 900.8 X Physical counts of inmates; Searches of the facility; X Policy 900.8 Searches of inmates; X Policy 900.8(a) Contraband control; and, X Policy 900.8(a) Key control. X Policy 900.11(b) At least annually, the facility administrator reviews, Policy 900.11(m) evaluates and documents internal and external security X measures. Emergency procedures, including: X Escape; X Policy 900.11(e) Disturbances; X Policy 900.11(j) Taking of hostages; X Policy 900.11(j) Civil disturbance; X Policy 900.11(j) Natural disasters; X Policy 900.11(h) Periodic testing of emergency equipment; X Policy 900.11(k) Storage, issue and use of weapons, ammunition, Policy 900.5.7 X chemical agents; and, Storage, issue and use of security devices. X Policy 900.5.7 Suicide prevention; and, X Policy 900.4 Segregation of inmates. X Policy 900.4.1(d) The manual is available to all employees. X 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0580 CC San Pablo PD THJ PRO 2016-18 - 2 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS The manual is comprehensively reviewed and updated at The policy manual was updated on July 21, least every two years. X 2016. 1032 FIRE SUPPRESSION PREPLANNING Policy 900.11(g) There is a fire suppression pre-plan that has been developed X in consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff X with a two-year retention of the inspection record; Fire prevention inspections at least once every two The Contra Costa County Fire Protection years; District conducted the fire and life safety X Note: Reference Health and Safety Code Section inspection on September 5, 2016 and fire 13146.1(a) and (b); clearance was granted. An evacuation plan; and, X A plan for the emergency housing of inmates in the event of a fire. X 1044 INCIDENT REPORTS Policy 900.5.8 Reporting Physical Harm or Serious Threat of Harm There are written policies and procedures for the maintenance of written records and reporting of all incidents that result in physical harm, or serious threat of X physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and submitted to the facility manager or his/her designee. X 1046 DEATH IN CUSTODY Policy 900.9 Suicide Attempt, Death or Serious Injury X Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the Policy 324.12(g) Suicide Attempt, Death or facility provides the Board of State and Community Serious Injury of a Juvenile Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN Policy 900.4.1 Screening and Placement X The facility has a written classification plan designed to properly assign inmates to housing units and activities. Includes receiving screening performed at intake by trained Inmate Classification Questionnaire X personnel. 0580 CC San Pablo PD THJ PRO 2016-18 - 3 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Includes maintenance of a record of each inmate's classification level, housing restrictions and housing X assignments. 1051 COMMUNICABLE DISEASES Prisoners who are identified with a communicable disease will be transported to There are written policies and procedures specifying those X county jail. symptoms that require segregation of an inmate until a medical evaluation can be completed. An inquiry is made to determine if the inmate has or has Policy 900.3.1(h) Individuals Who Should not had any communicable diseases, or has observable be in Temporary Custody symptoms of communicable diseases, including but not X limited to tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or screening device. X 1052 MENTALLY DISORDERED INMATES Policy 900.3.1(k) Individuals Who Should not be in Temporary Custody There are written policies and procedures for the X identification and evaluation of all mentally disordered inmates. An evaluation by health care staff occurs within 24 hours of This evaluation is conducted at the county jail. identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety of the inmate or others. X 1053 ADMINISTRATIVE SEGREGATION Policy 900.3.1(g) Individuals Who Should not be in Temporary Custody There are written policies and procedures, which provide for administrative segregation of inmates who are X determined to be prone to: escape; assault staff or other inmates; disrupt operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting X inmates and staff. 1055 USE OF SAFETY CELL Policy 900.3.1(g) Individuals Who Should not be in Temporary Custody The safety cell, specified in Title 24, Part 2, Section 1231 There are no safety cells. Inmates requiring 2.5, is used only to hold inmates who display behavior that placement in safety cell will be transported to X results in the destruction of property or reveals an intent to the county jail. cause physical harm to self or others. The remainder of the text for this regulation is deleted from this checklist. 0580 CC San Pablo PD THJ PRO 2016-18 - 4 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1056 USE OF SOBERING CELL Policy 900.8.1 Sobering Cell The sobering cell, specified in Title 24, Part 2, Section 1231 2.4 is used only for holding inmates who are a threat X to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures. Intermittent direct visual observation of inmates in sobering Policy 900.8.1(c) Sobering Cell cells conducted no less than every half hour and is Policy states, a direct visual safety check is documented. X conducted at least once every 15 minutes and the check is documented on the log. An evaluation by a medical staff person or by custody staff, Policy 900.8.1(d) Sobering Cell pursuant to written medical procedures in accordance with Section 1213 of these regulations, occurs whenever any X inmate is retained in a sobering cell for more than six hours. Such inmates are removed from the sobering cell when Policy 900.8.1(e) Sobering Cell they are able to continue with processing. X 1057 DEVELOPMENTALLY DISABLED Policy 900.3.1(j) Individuals Who Should not INMATES be in Temporary Custody X There are written procedures for identification and evaluation of all developmentally disabled inmates. A contact to the regional center occurs within 24 hours when an inmate is suspected or confirmed to be developmentally disabled. X 1058 USE OF RESTRAINT DEVICES Policy 900.3.1(l) Individuals Who Should not be in Temporary Custody There are written policies and procedures for the use of Inmates requiring restraint devices other than restraint devices that include: handcuffs or shackles will be transported to county jail. X The remainder of the text for this regulation is deleted from this checklist. 1067 ACCESS TO TELEPHONE Policy 900.5.5 Telephone Calls There are written policies and procedures that allow X reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS Policy 900.5.9 Attorneys and Bail Bondsmen There are written policies and procedures that ensure the X inmate's right to confidential consultation with attorneys. 0580 CC San Pablo PD THJ PRO 2016-18 - 5 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1081 PLAN FOR INMATE DISCIPLINE (WA) Policy 900.5.10 Discipline There are written policies and procedures for inmate discipline. (This may be waived by written policy X stating that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 0580 CC San Pablo PD THJ PRO 2016-18 - 6 - A352 TH PRO eff. 9/2012.dot DETENTION OF MINORS YES NO N/A Are minors held in this facility? Minors are not detained in the secure perimeter of the holding area. Juveniles can be held in secure detention when handcuffed If YES, then the core requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the X to the cuffing bench in the report writing room. provisions of Title 15, Article 9, Minors in Detention in a Law Enforcement Facility apply and will be inspected for. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. Number of violations: None Reference: WIC 206 & 207 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles may not be confined or detained in any facility in which they have contact with adult prisoners. X Number of violations: None Reference: WIC 208 42 USC 5633 SECTION 223(a)(13) JAIL REMOVAL (SIX-HOUR HOLD EXCEPTION) During the previous calendar year, minors are securely X detained for a period not to exceed six hours. Number of violations: None Reference: WIC 207.1(d)1(B) 0580 CC San Pablo PD THJ PRO 2016-18 - 7 - A352 TH PRO eff. 9/2012.dot PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code:0580 FACILITY NAME: San Pablo Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1994 FIELD REPRESENTATIVE: Robert Takeshta DATE: April 4, 2018 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Facility complies with 1994 Physical Plant regulations. 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 X All holding cells contain a concrete bunk. 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) X External to the security area and equipped with individual compartments, locks and keys Detoxification Cells (WA) (2.4) X The sobering cell was converted to a server room in July 2017. Limited to no more than 8 inmates The remainder of the text for this regulation is deleted from the checklist. Safety Cells (WA) (2.5) X There is no safety cell at this facility. The remainder of the text for this regulation is deleted from checklist. 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 0580 CC San Pablo TH PHY.docx 2016-18 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Audio Monitoring (2.22) X For facilities planned or constructed after 8-86 Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) X Available to maintain fire and life safety, security, communications and alarm systems Attorney Interview Space (2.26) X Available 0580 CC San Pablo TH PHY.docx 2016-18 - 2 - A370 PHY CH-TH 1-78.dot (9/98) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 0580 FACILITY: San Pablo Police Department TYPE: TH RC: (0) FIELD REPRESENTATIVE: Robert Takeshta DATE: April 4, 2018 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds BRC RC (L x W x H) T U W F S Sobering 1994 15' X 16' Notes: The sobering cell was converted to server room in July 2017. J 132-134 Holding 1994 3 1 4 (12) 7.3' X 10' 1 1 1 Notes: Each cell has a 7.3' concrete bunk which was counted as bench-space (18" per inmate) to establish a holding cell capacity of 4 prisoners per cell. Regulations require a bunk for inmates who are held longer than 12 hours. When the bunk is used for that purpose, the capacity for each cell is one inmate. There is a shower in the booking area. Additionally, there is one interview room (7.5' X 8'), adjacent to the watch commander's office that is used for non-secure detention of minors. *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. 0580 CC San Pablo TH LASE.docx 2016-18 - 1 - Adult LAS.dot; BOC 360 (01/14/97)