Contra Costa County, San Pablo Police Department (2020-2022 inspection cycle)

September 2, 2021 Ron P. Raman, Chief San Pablo Police Department 13880 San Pablo Avenue San Pablo, CA 94806 2020-2022 BIENNIAL INSPECTION OF SAN PABLO POLICE DEPARTMENT, SAN PABLO POLICE TEMPORARY HOLDING FACILITY, PENAL CODE 6031 Dear Chief Raman, On July 27, 2021, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the San Pablo Police Department Temporary Holding Facility. A pre-inspection briefing was held on May 19, 2021. 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 March 1, 2021 (Permit to Operate) Medical/Mental Health March 1, 2021 (Permit to Operate) Fire Inspection February 19, 2020 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. 0580 Contra Costa San Pablo TH LTR 20-22 Chief Raman San Pablo Police Department Page 2 Due to the COVID-19 measures, the County Health Department has not conducted an in- person inspection of the Temporary Holding Facility. Contra Costa County Health Department has issued a Permit to operate and will complete the in-person inspection as measures are lifted by the County Health Authority. BSCC INSPECTION The inspection consisted of a review of the San Pablo 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 item of noncompliance. Title 15, §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 checks. There shall be a written plan that includes the documentation or routine safety checks. Safety checks from October 2020, November 2020, December 2020, and June 2021 were reviewed. There were several checks each month that exceeded the agency’s policy and the regulation’s 60-minute requirement. 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 (JJDPA) Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA; There were no identified items of non-compliance with the JJDPA 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. 0580 Contra Costa San Pablo TH LTR 20-22 Chief Raman San Pablo Police Department Page 3 Technical Assistance At the conclusion of each inspection, BSCC staff offered an out brief of findings to facility management. This included an immediate review of the inspection and any non-compliance issues. It also included potential courses of action in correcting those non-compliance issues, and development of a corrective action plan. Corrective Action Plan A plan for correcting to the item identified above is required, please submit your corrective actions to the BSCC for action and inclusion with this report. This concludes our inspection report for the 2020-2022 biennial inspection cycle of the San Pablo Police Department Temporary Holding Facility. We would like to express our gratitude to Lieutenant John Benone 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) 956-3679 or email at dale.miller@bscc.ca.gov. Sincerely, Dale A. Miller Digitally signed by Dale A. Miller Date: 2021.09.02 11:10:45 -07'00' Dale Miller Field Representative Facilities Standards and Operations Division Enclosures cc: Mayor, City of San Pablo* City Manager, City of San Pablo* Presiding Judge, Superior Court, County of Contra Costa* Chair, Contra Costa County Grand Jury* John Benone, Lieutenant, San Pablo Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0580 Contra Costa San Pablo TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0580 FACILITY NAME: San Pablo Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Lieutenant John Benone FIELD REPRESENTATIVE: Dale Miller DATE: July 27, 2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY San Pablo Police Department Manual (SPPM) HOLDING FACILITY TRAINING 900.12 Training Such training shall include, but not be limited Custodial personnel who supervise inmates in, and to, the following: supervisors of, a Court Holding or Temporary Holding (a) Applicable minimum jail standards facility shall complete 8 hours of specialized training. Such (b) Jail operations liability training shall include, but not be limited to: (c) Inmate segregation (a) applicable minimum jail standards; (d) Emergency procedures and planning (b) jail operations liability; ☒ ☐ ☐ (e) Suicide prevention (c) inmate segregation; (d) emergency procedures and planning, fire, and life BSCC Staff reviewed training documentation safety; and, and found that all personnel were trained on or (e) suicide prevention. after March 2020. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in 900.12 Training any event not more than six months after the date of assigned Department members responsible for responsibility, or the effective date of this regulation. supervising adults in temporary custody shall Successful completion of Core training or supplemental ☒ ☐ ☐ complete the Corrections Officer Core Course Core training, pursuant to Section 1020, Corrections Officer or eight hours of specialized training within six Core Course, may be substituted for the initial eight hours of months of assignment. training. Eight hours of refresher training shall be completed once 900.12 Training every two years. Successful completion of the requirements Eight hours of refresher training shall be ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be completed once every two years. substituted for the eight-hour refresher. 1027 NUMBER OF PERSONNEL 216 Staffing Levels 900.3.3 Staffing Plan A sufficient number of personnel shall be employed in each BSCC Staff reviewed current staffing. The ☒ ☐ ☐ local detention facility to ensure the implementation and agency has four persons assigned as jailers. operation of the programs and activities required by these The jailers are augmented by sworn officers if regulations. the jailer is not on duty. 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 Contra Costa San Pablo TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900.3.2 Supervision In Temporary Custody least one employee on duty at all times in a local detention An authorized department member capable of facility or in the building which houses a local detention ☒ ☐ ☐ supervising shall be present at all times when an facility who shall be immediately available and accessible to individual is held in temporary custody. inmates in the event of an emergency. Such an employee shall not have any other duties which 900.3.2 Supervision In Temporary Custody would conflict with the supervision and care of inmates in The member responsible for supervising should ☒ ☐ ☐ the event of an emergency. not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more female inmates are in custody, there 900.3.2 Supervision In Temporary Custody shall be at least one female employee who shall be At least one female department member should immediately available and accessible to such females. be present when a female adult is in temporary Note: Reference PC§ 4021. ☒ ☐ ☐ custody. In the event that none is readily available, the female in custody is transported to another facility. All four of the jailers are female. To determine if there is a sufficient number of personnel for BSCC Staff reviewed staffing of the facility and a specific facility, the facility administrator shall prepare and it does appear to meet the needs of the agency retain a staffing plan indicating the personnel assigned in the and 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 900.8 Holding Cells (e) Safety checks by department members shall Safety checks shall be conducted at least hourly through occur no less than every 15 minutes. direct visual observation of all inmates. There shall be no 1. Safety checks should be at varying times. more than a 60-minute lapse between safety checks. ☐ ☒ ☐ BSCC Staff reviewed five months of safety checks over the last year. Staff found that there were multiple incidents of checks not being completed and/or documented within the 60- minute requirement There is a written plan that includes the documentation of 900.8 Holding Cells ☒ ☐ ☐ routine safety checks. 2. All safety checks shall be logged. 1028 FIRE AND LIFE SAFETY STAFF 900.3.3 Staffing Plan One member who meets the training standards Whenever there is an inmate in custody, there shall be at established by the BSCC for general fire and ☒ ☐ ☐ least one person on duty at all times who meets the training life-safety and is trained in fire and life-safety standards established by the BSCC for general fire and life procedures relating specifically to the facility is safety. (Penal Code section 6030[e]) on-duty at all times. The facility manager shall ensure that there is at least one All personnel have training in fire and life person on duty who trained in fire and life safety procedures ☒ ☐ ☐ safety. that relate specifically to the facility. 0580 Contra Costa San Pablo TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 The San Pablo Police Department uses Chapter 9 on the Police Policy Manual (PPM) as their Custody Manual. 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 Other sections of the PPM are used to cover Title 24 regulations and shall be comprehensively reviewed policies not specifically contained in Chapter 9. and updated at least every two years. Such a manual shall be made available to all employees. The manual was last reviewed and updated June ☒ ☐ ☐ 10, 2021. 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 200 Organizational Structure and Responsibility ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. (m) Inspections and operations reviews (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4) Policy on the use of restraint equipment, including the 306.3.2 Restraint of Pregnant Persons restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 420.2 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, ☒ ☐ ☐ Conducted every shift change. (B) searches of the facility and inmates, ☒ ☐ ☐ 902 Custodial Searches (C) contraband control, and ☒ ☐ ☐ 902 Custodial Searches (D) key control. ☒ ☐ ☐ 900.11 Assigned Administrator Each facility administrator shall, at least annually, review, 900.11 Assigned Administrator evaluate, and make a record of security measures. The review Annual review and evaluation of security and evaluation shall include internal and external security measures including internal and external measures of the facility including security measures specific ☒ ☐ ☐ security measures, sanitation, safety, and to prevention of sexual abuse and sexual harassment. maintenance. BSCC Staff requested to see the review and confirmed in was completed July 7, 2021. (7) Emergency procedures include: 900.11 Assigned Administrator (A) fire suppression preplan as required by section (g) Fire- and life-safety, including a fire ☒ ☐ ☐ 1032 of these regulations; suppression pre-plan as required by 15 CCR 1032 (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ (e) Escapes (C) mass arrests; (j) Civil and other disturbances including ☒ ☐ ☐ hostage situations (D) natural disasters; ☒ ☐ ☐ (h) Disaster plans (E) periodic testing of emergency equipment; and ☒ ☐ ☐ (k) Periodic testing of emergency equipment 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0580 Contra Costa San Pablo TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (F) storage, issue, and use of weapons, ammunition, 309.8 Storage chemical agents, and related security devices. ☒ ☐ ☐ 312.5 Safe Handling, Inspections and Storage 900.5.7 Firearms and Other Security Measures (8) Suicide Prevention. ☒ ☐ ☐ 900.12 Training (9) Segregation of Inmates. ☒ ☐ ☐ 900.12 Training (10) Zero tolerance in the prevention of sexual abuse and 904 Prison Rape Elimination sexual harassment. San Pablo Police Department has zero tolerance ☒ ☐ ☐ toward all forms of sexual abuse and sexual harassment. (11) Policy and procedure to detect, prevent, and respond 904.3 PREA Coordinator to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 904.4 Reporting Sexual Abuse and Harassment Type I, II, III, and IV facilities shall provide for, but not be During intake the Department shall notify all limited to, the following: detainees and prisoners of the zero-tolerance (1) multiple internal ways for inmates to privately report policy regarding sexual abuse and sexual sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ harassment, and of at least one way to report inmates or staff for reporting sexual abuse and sexual abuse or harassment. harassment, and staff neglect or violation of Signs are posted in the intake area telling responsibilities that may have contributed to such arrestees how to report sexual assault or abuse. incidents, (2) a method for uninvolved inmates, family, 904.4 Reporting Sexual Abuse and Harassment community members, and other interested third parties Signs are posted in the public lobby area on to report sexual abuse or sexual harassment. The ☒ ☐ ☐ how to report sexual assault or abuse. method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.3 General Criteria and Supervision If the officer taking custody of an individual The facility shall have a comprehensive written suicide believes that he/she may be a suicide risk, the prevention program developed by the facility administrator, officer shall ensure continuous direct ☒ ☐ ☐ in conjunction with the health authority and mental health supervision until evaluation, release or a director, to identify, monitor, and provide treatment to those transfer to an appropriate facility is completed. inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct 900.12 Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon 900.4.1 Screening and Placement ☒ ☐ ☐ intake and prior to housing assignment. (c) Provisions facilitating communication among 900.4 Initiating Temporary Custody: Receiving arresting/transporting officers, facility staff, medical and officer should ask the arresting officer if there is mental health personnel in relation to suicide risk. any statement, indication or evidence ☒ ☐ ☐ surrounding the individual's arrest and transportation that would reasonably indicate the individual is at risk for suicide or critical medical care. (d) Housing recommendations for inmates at risk of suicide. 900.3.1 Individuals Who Should Not Be in ☒ ☐ ☐ Temporary Custody (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ (f) Suicide attempt and suicide intervention policies and 465 Crisis Intervention Incidents ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ 900.9 Suicide Attempt, Death or Serious Injury (h) Multi-disciplinary administrative review of suicides and 900.9 Suicide Attempt, Death or Serious Injury attempted suicides as defined by the facility ☒ ☐ ☐ (h) In-custody death reviews (15 CCR 1046). administrator. 0580 Contra Costa San Pablo TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING 900.11 Assigned Administrator (g) Fire- and life-safety, including a fire Pursuant to Penal Code Section 6031.1(b), the facility suppression pre-plan as required by 15 CCR administrator shall consult with the local fire department ☒ ☐ ☐ 1032 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 Facility is inspected daily by the Watch monthly basis with two-year retention of the inspection Commander. A Fire and Life Safety inspection record; ☒ ☐ ☐ is completed by the facility maintenance. BSCC Staff reviewed 2 years of monthly inspections. (c) fire prevention inspections as required by Health and Due to the COVID-19 Emergency, the Contra Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Costa County Health Department issued a inspections at least once every two years; permit to operate on March 1, 2021. (d) an evacuation plan; and (f) Evacuation plans ☒ ☐ ☐ Evacuation routes are posted in the facility. (e) a plan for the emergency housing of inmates in the case of Inmates will be transported to County Jail or ☒ ☐ ☐ fire. released in accordance with policy and law. 1044 INCIDENT REPORTS 344 Report Preparation 344.2 Required Reporting Each facility administrator shall develop written policies and 900.5.8 Reporting Physical Harm or Serious procedures for the maintenance of written records and ☒ ☐ ☐ Threat of Physical Harm 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 involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned BSCC Staff requested to review all incidents to investigate the incident and submitted to the facility that had occurred in the temporary holding area ☒ ☐ ☐ manager or his/her designee. in the last year. There were no reported incidents. 1046 DEATH IN CUSTODY 900.9 Suicide Attempt, Death or Serious Injury (a) Immediate request for emergency medical (a) Death in Custody Reviews for Adults and Minors. assistance if appropriate. The facility administrator, in cooperation with the health (b) Immediate notification of the Patrol administrator, shall develop written policy and procedures Division Commander, Chief of Police, and to ensure that there is an initial review of every in-custody Investigation Division Commander. death within 30 days. The review team shall include the ☒ ☐ ☐ (c) Notification of the spouse, next of kin or facility administrator and/or the facility manager, the health another appropriate person. administrator, the responsible physician and other health (d) Notification of the appropriate prosecutor. care and supervision staff who are relevant to the incident. (e) Notification of the City Attorney. (f) Notification of the Coroner. (g) Evidence preservation. (h) In-custody death reviews (15 CCR 1046) 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. 0580 Contra Costa San Pablo TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Death of a Minor 324.12 Suicide Attempt, Death, or Serious In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Injury of a Juvenile lockup, or court holding facility: (1) The administrator of the facility shall provide to the 324.12 Suicide Attempt, Death, or Serious Board a copy of the report submitted to the Attorney Injury of a Juvenile General under Government Code Section 12525. A copy (g) In the case of a death, providing a report to of the report shall be submitted within 10 calendar days the Attorney General under Government Code § ☒ ☐ ☐ after the death. 12525 within 10 calendar days of the death, and forwarding the same report to the Board of State and Community Corrections within the same time frame. (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 900.4 Initiating Temporary Custody (a) Each administrator of a temporary holding, Type I, II, or The Watch Commander shall determine III facility shall develop and implement a written whether the individual will be placed in a cell, classification plan designed to properly assign inmates to immediately released, or transported to jail or housing units and activities according to the categories of sex, other facility. age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive 900.4.1 Screening and Placement behavior, risk of being sexually abused, or sexually harassed Ensure separation, as appropriate, based on and other criteria which will provide for the safety of the ☒ ☐ ☐ other factors, such as age, criminal inmates and staff. Such housing unit assignment shall be sophistication, assaultive/non-assaultive accomplished to the extent possible within the limits of the behavior, mental state, disabilities, and sexual available number of distinct housing units or cells in a facility. orientation. 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 This facility consists of 3 holding cells. for male or female inmates, and in making other housing and Arrestees are kept separate in accordance with programming assignments, the agency shall consider on a the facilities intake questionnaire. 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 900.3.1 Individuals Who Should Not be In Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. 0580 Contra Costa San Pablo TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be Agency uses the Contra County Jail Medical made of the person being booked as to whether or not he/she questionnaire which contains questions has or has had any communicable diseases, such as concerning communicable disease. tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ Additionally, the agency is using the County any other communicable diseases, or other special medical Jail’s COVID-19 questions to help identify problem identified by the health authority. The response anyone with the virus. shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.3.1 Individuals Who Should Not be In Temporary Custody The facility administrator, in cooperation with the Mentally disordered inmates are transported to ☒ ☐ ☐ responsible physician, shall develop written policies and a jail facility, a medical facility or other type of procedures to identify and evaluate all mentally disordered facility as appropriate. inmates, and may include telehealth. If an evaluation from medical or mental health staff is not 900.3 General Criteria and Supervision: readily available, an inmate shall be considered mentally No adult should be in temporary custody for disordered for the purpose of this section if he or she appears longer than six hours. to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.4.1 Screening and Placement: (b) Evaluate the following issues against the Except in Type IV facilities, each facility administrator shall stated risks to determine the need for placing in develop written policies and procedures which provide for a single cell the administrative segregation of inmates who are 1.Consider whether the individual may be at a determined to be prone to: promote activity or behavior that high risk of being sexually abused based on all is criminal in nature or disruptive to facility operations; available known information, or whether the demonstrate influence over other inmates, including person is facing any other identified risk. influence to promote or direct action or behavior that is 2. Provide any individual identified as being at criminal in nature or disruptive to the safety and security of a high risk for sexual or other victimization ☒ ☐ ☐ other inmates or facility staff, as well as to the safe operation with heightened protection. Single-cell of the facility; escape; assault, attempted assault, or placement in a cell that is actively monitored on participation in a conspiracy to assault or harm other inmates video by a member who is available to or facility staff; or likely to need protection from other immediately intervene. inmates, if such administrative segregation is determined to 3. Ensure individuals are separated according to be necessary in order to obtain the objective of protecting severity of the crime. the welfare of inmates and staff. 4. Ensure males and females are separated by sight and sound when in cells. 5. Ensure restrained individuals are not placed in cells with unrestrained individuals. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL This facility does not contain a safety cell as described in Title 24, Part 2, Section 1231.2.5. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 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. 0580 Contra Costa San Pablo TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 This facility does not contain a safety cell as approval of the facility manager or designee, or responsible described in Title 24, Part 2, Section 1231.2.5. ☐ ☐ ☒ 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 This facility does not contain a sobering cell as described in Title 24, Part 2, Section 1231.2.4. The sobering cell described in Title 24, Part 2, Section 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 This facility does not contain a sobering cell as sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ described in Title 24, Part 2, Section 1231.2.4. Such observation shall be documented. 0580 Contra Costa San Pablo TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED 900.3 .1 Individuals Who Should Not Be in INMATES Temporary Custody (j) Any individual who is obviously The facility administrator, in cooperation with the developmentally disabled. ☒ ☐ ☐ 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 Developmentally disabled inmates are center on any inmate suspected or confirmed to be transported to a jail facility, a medical facility or developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ other type of facility as appropriate. and/or treatment within 24 hours of such determination, No adult should be in temporary custody for excluding holidays and weekends. longer than six hours. 1058 USE OF RESTRAINT DEVICES 900.3 .1 Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the (l) Any individual who needs restraint beyond responsible physician, shall develop written policies and ☒ ☐ ☐ the use of handcuffs or shackles for security procedures for the use of restraint devices and may delegate reasons authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this Inmates requiring restraints inmates are regulation, at a minimum, the policy shall address the transported to a county jail facility, a medical ☐ ☐ ☒ following areas: facility or other type of facility as appropriate. acceptable restraint devices; 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. 0580 Contra Costa San Pablo TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).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 306.3.2 Restraint of Pregnant Persons Persons who are known to be pregnant should The facility administrator, in cooperation with the be restrained in the least restrictive manner that responsible physician, shall develop written policies and ☒ ☐ ☐ is effective for officer safety. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after 306.3.2 Restraint of Pregnant Persons delivery shall not be restrained by the use of leg irons, Leg irons, waist chains, or handcuffs behind the waist chains, or handcuffs behind the body. body should not be used unless the officer has a ☒ ☐ ☐ reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property. (2) A pregnant inmate in labor, during delivery, or in 306.3.2 Restraint of Pregnant Persons recovery after delivery, shall not be restrained by the No person who is in labor, delivery, or recovery wrists, ankles, or both, unless deemed necessary for the after delivery shall be handcuffed or restrained safety and security of the inmate, the staff, or the public. ☒ ☐ ☐ except in extraordinary circumstances and only 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 900.3 .1 Individuals Who Should Not Be in who is currently responsible for the medical care of a Temporary Custody pregnant inmate during a medical emergency, labor, (b) Any individual who has a medical ☐ ☐ ☒ delivery, or recovery after delivery determines that the condition, including pregnancy, that may removal of restraints is medically necessary. require medical attention, supervision, or medication while in temporary custody (4) Upon confirmation of an inmate's pregnancy, she Restraints may only be used for transport and shall be advised, orally or in writing, of the standards ☐ ☐ ☒ will not remain in the temporary holding and policies governing pregnant inmates. facility. 1067 ACCESS TO TELEPHONE 900.5.5 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 900.5.5 Telephone Calls 900.5.2 Temporary Custody Requirements The facility administrator shall develop written policies and ☒ ☐ ☐ There is privacy during attorney visits. procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: 0580 Contra Costa San Pablo TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) unlimited mail as provided in Section 1063 of these This is a temporary holding facility and does ☐ ☐ ☒ regulations, and not hold inmates long enough for mail delivery. (b) confidential consultation with attorneys. ☒ ☐ ☐ 900.5.9 Attorneys and Bail Bondsmen 1080 RULES AND DISCIPLINARY PENALTIES 900.5.10 Discipline Discipline will not be administered to any Wherever discipline is administered, each facility individual in custody at this facility. Any administrator shall establish written rules and disciplinary individual in custody who repeatedly fails to penalties to guide inmate conduct. ☐ ☐ ☒ follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility. 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 900.5.10 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 900.5.10 Discipline with the following provisions and within specified ☐ ☐ ☒ Discipline will not be administered to any timeframes: individual in custody at this facility. 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 0580 Contra Costa San Pablo TH PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).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 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 900.5.10 Discipline after an inmate has been informed of the charge(s) in ☐ ☐ ☒ Discipline will not be administered to any writing. individual in custody at this facility. 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 900.5.10 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. 0580 Contra Costa San Pablo TH PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY ACTIONS 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 900.5.10 Discipline minimum furnishings and space specified in Title 24, Part 2, Discipline will not be administered to any 1231.2.6 and 2.7. Occupants shall be issued clothing and individual in custody at this facility. 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 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. 0580 Contra Costa San Pablo TH PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS 900.5.10 Discipline Discipline will not be administered to any Penal Code Section 4019.5 requires that a record is kept of individual in custody at this facility. all disciplinary infractions and punishment administered, ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1280 FACILITY SANITATION, SAFETY, AND The facility is cleaned daily. MAINTENANCE BSCC Staff found the facility to be clean and well maintained. The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of ☒ ☐ ☐ cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☒ ☐ (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. 0580 Contra Costa San Pablo TH PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 324 Temporary Custody of Juveniles MINOR IN AN ADULT DETENTION 324.12 Suicide Attempt, Death, or Serious Injury FACILITY of a Juvenile ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 324 Temporary Custody of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; 324.3.2 Suicide Prevention of Juveniles in ☒ ☐ ☐ Custody (b) use of restraints; ☒ ☐ ☐ 306.3.3 Restraint of Juveniles (c) emergency medical assistance and services; and 324.3.1 Emergency Medical Care of Juveniles in ☒ ☐ ☐ Custody (d) prohibiting use of discipline. 324.8(o) No Discipline may be administered to ☒ ☐ ☐ any juvenile. 1143 CARE OF MINORS IN TEMPORARY 324.8 Temporary Custody Requirements CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; 324.8(e) Juveniles shall have reasonable access ☒ ☐ ☐ to toilets and wash basins. (2) one snack upon request during term of temporary 324.8(f) Food shall be provided if a juvenile has custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ not eaten within the past four hours or is hours or is otherwise in need of nourishment; otherwise in need of nourishment. (3) access to drinking water; and 324.8(g) Juveniles shall have reasonable access ☒ ☐ ☐ to a drinking fountain or water. (4) privacy during consultation with family, guardian, 324.8(i) Juveniles shall have privacy during ☒ ☐ ☐ and/or lawyer. family, guardian, and/or lawyer visits. (5) blankets and clothing, as necessary, to assure the 324.8 (k) Blankets shall be provided as ☒ ☐ ☐ comfort of the minor; and reasonably necessary. (6) his or her personal clothing unless the clothing is 324.8(j) Juveniles shall be permitted to remain inadequate, presents a health or safety problem, or is in their personal clothing unless the clothing is ☒ ☐ ☐ required to be utilized as evidence of an offense. taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody. 1144 CONTACT BETWEEN MINORS AND 324.7 No-Contact Requirements ADULT PRISONERS Sight and sound separation shall be maintained between all juveniles and adults while in ☒ ☐ ☐ The facility administrator shall establish policies and custody at the Department. procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. 0580 Contra Costa San Pablo TH PRO 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS In situations where brief or accidental contact may occur, 324.7 No-Contact Requirements such as booking or facility movement, facility staff (trained In situations where brief or accidental contact in the supervision of inmates) shall maintain a constant, side- may occur a member of the San Pablo Police ☒ ☐ ☐ by-side presence with the minor or the adult to prevent Department shall maintain a constant, sustained contact. immediate, side-by-side presence with the juvenile or the adult to minimize any contact. 1145 DECISION ON SECURE CUSTODY 324.11 Secure Custody Only juvenile offenders 14 years of age or older A minor who is taken into temporary custody by a peace may be placed in secure custody. Watch officer on the basis that he or she is a person described by Commander approval is required before placing Section 602 of the Welfare and Institutions Code may be held a juvenile offender in secure custody. in secure custody in a law enforcement facility that contains a Secure custody should only be used for juvenile lockup for adults if the minor is 14 years of age or older and offenders when there is a reasonable belief that if, in the reasonable belief of the peace officer, the minor the juvenile is a serious risk of harm to presents a serious security risk of harm to self or others, as him/herself or others. long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a 324.11 Secure Custody serious security risk of harm to self or others, the officer may (a) Age, maturity, and delinquent history ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was 324.11(b) Severity of offense for which the ☒ ☐ ☐ taken into custody; juvenile was taken into custody (c) minor's behavior, including the degree to which the 324.11(c) The juvenile offender’s behavior ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate 324.11(d) Availability of staff to provide supervision or protection of the minor; and ☒ ☐ ☐ adequate supervision or protection of the juvenile offender (e) the age, type, and number of other individuals who 324.11(e) Age, type, and number of other ☒ ☐ ☐ are detained in the facility. individuals in custody at the facility 1146 CONDITIONS OF SECURE CUSTODY 324.1.1 Definitions Secure Custody - When a juvenile offender is While in secure custody, minors may be locked in a room or ☒ ☐ ☐ held in a locked room, a set of rooms, or a cell. other secure enclosure, secured to a cuffing rail, or otherwise Secure custody also includes being physically reasonably restrained as necessary to prevent escape and secured to a stationary object. protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 324.11.1 Locked Enclosures CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: 0580 Contra Costa San Pablo TH PRO 20-22 - 16 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (1) constant auditory access to staff by the minor; and 324.11.1(a) The juvenile shall constantly be ☒ ☐ ☐ monitored by an audio/video system during the entire custody. (2) safety checks, as defined in Section 1006, of the 324.11.1(d) Unscheduled safety checks to minor by staff of the law enforcement facility, at provide for the health and welfare of the ☒ ☐ ☐ least once every 30 minutes, which shall be juvenile by a staff member, no less than once documented. every 15 minutes, shall occur. (b) Males and females shall not be placed in the same 324.11.1 (e) Males and females shall not be locked room unless under constant direct visual ☒ ☐ ☐ placed in the same locked room. observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 324.11 Secure Custody CUSTODY OUTSIDE OF A LOCKED Juveniles shall not be secured to a stationary ENCLOSURE object for more than 60 minutes. ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant 324.11 Secure Custody direct visual observation to assure the minor's safety while An employee must be present at all times to ☒ ☐ ☐ secured to a stationary object. ensure the juvenile’s safety while secured to a stationary object. Securing minors to a stationary object for longer than 60 324.11 Secure Custody minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ Juveniles shall not be secured to a stationary approved by a supervisor. object for more than 60 minutes. The decision for securing a minor to a stationary object for 324.11 Secure Custody longer than 60 minutes, and every 30 minutes thereafter shall Supervisor approval is required to secure a ☒ ☐ ☐ be based upon the best interests of the minor and shall be juvenile to a stationary object for longer than 60 documented. minutes and every 30 minutes, thereafter. 1149 CRITERIA FOR NON-SECURE 324.4.3 Custody of Juvenile Offenders CUSTODY Juvenile offenders should be held in non-secure custody while at the San Pablo Police Minors held in temporary custody, who do not meet the Department unless another form of custody is criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ authorized by this policy or is necessary due to of the Welfare and Institutions Code, may be held in non- exigent circumstances. secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- Monitoring through electronic devices, such as SECURE CUSTODY video, does not replace direct visual observation. Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 0580 Contra Costa San Pablo TH PRO 20-22 - 17 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1151 MINORS UNDER THE INFLUENCE OF 324.3 Juveniles Who Should Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR (d) Significantly intoxicated except when NON-SECURE CUSTODY approved by the Watch Commander. A medical clearance shall be obtained for minors who are Facility administrators shall develop policies and procedures ☒ ☐ ☐ under the influence of drugs, alcohol, or any providing that a medical clearance shall be obtained for other intoxicating substance to the extent that minors who are under the influence of drugs, alcohol, or any they are unable to care for themselves. other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room 324.3 Juveniles Who Should Not Be Held who display outward signs of being under the influence of These juveniles should not be held at the San drugs, alcohol or any other intoxicating substance shall Pablo Police Department unless they have been include safety checks at least once every 15 minutes until ☒ ☐ ☐ evaluated by a qualified medical and/or mental resolution of the intoxicated state or release. These safety health professional. checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 0580 Contra Costa San Pablo TH PRO 20-22 - 18 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☒ ☐ ☐ Number of violations:0 guardian, or arranging transfer to an appropriate juvenile facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations:0 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations:0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ Number of violations: 0 circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations :0 law enforcement facility for longer than six hours. 0580 Contra Costa San Pablo TH PRO 20-22 - 19 - A351 TH PRO eff. 1/2019 (20-22).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: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1994 FIELD REPRESENTATIVE: Dale Miller DATE: July 27, 2021 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) Facility complies with 1994 Physical Plant X 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 All holding cells contain a concrete bunk. 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification Cells (WA) (2.4) The sobering cell was converted to a server room in July 2017. In 2020, the door to the cell was Limited to no more than 8 inmates X wielded shut and no longer accessible from the lockup. The remainder of the text for this regulation is deleted from the checklist. Safety Cells (WA) (2.5) There is no safety cell at this facility. X 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 Contra Costa San Pablo TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Audio Monitoring (2.22) For facilities planned or constructed after 8-86 X 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 Contra Costa San Pablo TH PHY 20-22 - 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: THJ RC: (0) FIELD REPRESENTATIVE: Dale Miller DATE: July 27, 2021 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 132-134 Holding 1994 3 1 4 (12) 7.3' X 10' X 8’ 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. 20-22 Cycle: Removed sobering cell from LASE since modifications 3 cycles ago sealed this cell off and it is now a computer server room. *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 Contra Costa San Pablo TH LAS 20-22 - 1 - Adult LAS.dot; BOC 360 (01/14/97)