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

July 18, 2018 Thomas Chaplin, Chief of Police Walnut Creek Police Department 1666 N. Main Street Walnut Creek, CA 94596 2016-2018 BIENNIAL INSPECTION PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Chaplin: On June 14, 2018, staff of the California Board of State and Community Corrections (BSCC) conducted the 2016 - 2018 biennial inspection of the Walnut Creek 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 Contra Costa County Fire Protection District conducted a fire and life safety inspection on December 6, 2017 and fire clearance was granted. 0600 CC Walnut Creek PD THJ LTR 2016-18; 7/18/2018 Thomas Chaplin, Chief of Police Page 2 HEALTH INSPECTIONS: The county health department conducted the following inspections. Environmental Health Medical /Mental Health Nutritional Walnut Creek Police Department May 8, 2018 May 8, 2018 N/A Contra Costa Health Services conducted the Environmental and Medical/Mental Health inspections on May 8, 2018 and no deficiencies were noted in the inspection reports. BSCC INSPECTION PHYSICAL PLANT: The Walnut Creek Department was constructed in 1980 and the city jail is evaluated as a temporary holding facility under the 1976 Title 24 standards.1 On the day of the inspection, no prisoner was in custody. The facility consists of four holding cells with a capacity of sixteen inmates. Prisoners are held until processed for release or transport to the county jail. The facility appeared 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 identified three areas of noncompliance. Title 15, Section 1024 Training - requires eight-hours of specialized training for all personnel who are responsible for supervising inmates, as outlined in this regulation within six months of assignment and receive eight-hours of refresher training every two years. Mr. Haithcock confirmed that this training has not been met as required by this regulation, due to the retirement of the previous training provider. Please refer to the Procedures Checklist for additional details. Title 14, Section 1027 Number of Personnel - states whenever one or more female inmates are in custody, there is at least one female employee immediately available. Lieutenant Cashion advised us that a female patrol officer isn’t always available to be present when a female prisoner is being processed at the station. In the absence of a female patrol officer, a male officer will process the female prisoner as soon as possible to release her from custody or to transport her to county jail. While we understand the staffing constraints, its important to identify this issue 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. 0600 CC Walnut Creek PD THJ LTR 2016-18; 7/18/2018 Thomas Chaplin, Chief of Police Page 3 and ask your department to consider training other female staff members and to use them to meet this regulation requirement. Please refer to the Procedures Checklist for additional details. JUVENILE INSPECTION: Pursuant to WIC§ 209, we reviewed applicable policy, procedures, practices and supporting documentation to comply with Title 15 Article 9, Minors in Custody in a Law Enforcement Facility. Department Policy 313.4.2 Secure Custody, which allows juveniles to be held in secure detention in the jail if the juvenile meets the specified criteria. During the past twelve months, no juvenile was held in the temporary holding facility or held in secure detention in the law enforcement facility. We did not note any violation of regulation or state law. 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. CORRECTIVE ACTION PLAN: We identified non-compliance with the following regulations. • Title 15, Section - 1024 Training • Title 15, Section - 1027 Number of Personnel Please address these non-compliance issues and notify the BSCC when completed. After verification, we will update our records to reflect compliance with applicable Title 15 requirements. ____________________ 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) 709-3950E-mail: RobertTakeshta@bscc.ca.gov Enclosures cc: Chair Person, City Council, City of Walnut Creek* City Manager, City of Walnut Creek* Presiding Judge, Superior Court, County of Contra Costa* Grand Jury Foreperson, Superior Court, County of Contra Costa* Lieutenant Tom Cashion* *Copies of the full inspection are available upon request. 0600 CC Walnut Creek PD THJ LTR 2016-18; 7/18/2018 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code 0600 FACILITY NAME: Walnut Creek Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Lieutenant Tom Cashion and Administrative Analyst II John Haithcock FIELD REPRESENTATIVE: Robert Takeshta DATE: June 14, 2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1024 COURT HOLDING AND TEMPORARY Policy 900.12 Training HOLDING FACILITY TRAINING The department is not in compliance with this All personnel who are responsible for supervising inmates, regulation. The previous training provider is no and supervisors with custodial responsibilities, complete longer available, and Mr. Haithcock is in the the eight hours of specialized training outlined in this X process of finding a replacement. regulation within six (6) months of assignment. Successful completion of training, pursuant to Section 1020 of these regulations, may be substituted for the initial eight hours of training. Eight hours of refresher training is completed every two Policy 900.12 Training years. Successful completion of training, pursuant to Section 1025 of these regulations, may be substituted for The department is not in compliance with this X the eight-hour refresher. regulation. Mr. Haithcock is in the process of finding a new training provider. 1027 NUMBER OF PERSONNEL Policy 900.3.2 Supervision in Temporary Custody There are sufficient personnel on duty at all times X (whenever there is an inmate in custody) to ensure the Arresting officer remains in the building with implementation and operation of all programs and activities the prisoner. required by these regulations. There is a written plan that includes the documentation of Jail Manual, Supervision and Periodic Jail hourly safety checks. Checks X This policy requires safety checks twice every hour for adult prisoners and documented on the jail register and security report. 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 ability to respond to any inmate in the event of an emergency. Arresting officer or Watch Commander is X responsible for the prisoner. In addition, dispatch has video monitoring of holding cell area. Cameras do not replace direct physical checks. 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. 0600 CC Walnut Creek PD THJ PRO.docx; 7/18/2018 - 1 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Whenever one or more female inmates are in custody, there Policy 900.3.2 Supervision in Temporary is at least one female employee immediately available and Custody accessible. Note: Reference PC § 4021. This policy states, at least one female department member should be present when a X female adult is in custody. The female prisoner should be transported to another facility in the absence of a female staff member. In practice, female employees are not always available after normal business hours and male officers are processing and supervising female prisoners. A staffing plan is available which indicates personnel Policy 900.3.2 Supervision in Temporary assigned and their duties. Custody 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 Policy 900.3.3 Staffing Plan life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 2 Jail Manual 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 Jail Manual, Administration and Supervision of X communications; Facility Inspections and operations reviews by the facility 900.5 Fire Safety administrator/manager; X Daily inspections documented on each shift. These are conducted by the watch commander. Use of force; X 300 Use of Force Use of restraint equipment, including the restraint of 306 Leg Restraint Device pregnant inmates; X 900.6.1 Pregnant Adults Note: Reference PC § 6030(f); Screening newly received inmates for release Policy 411.3.2 Jail Release X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: Jail Manual, Supervision and Periodic Jail X Physical counts of inmates; Checks Searches of the facility; X Jail Manual, Processing Searches of inmates; X Jail Manual, Searching of Prisoners Contraband control; and, X Jail Manual, Searching of Prisoners Key control. X Jail Manual, Keys At least annually, the facility administrator reviews, Jail Manual, Monthly Facility Inspections evaluates and documents internal and external security X measures. Emergency procedures, including: X REVIEW – General Orders Escape; X Escape: General Orders Disturbances; X Civil Disturbance: General Orders 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0600 CC Walnut Creek PD THJ PRO.docx; 7/18/2018 - 2 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Taking of hostages; X Taking of hostages: General Orders Civil disturbance; X Disturbance: General Orders Natural disasters; Jail Manual, Jail Alarms and Emergency X Procedures 900.6.5 Citywide or Regional Disasters Periodic testing of emergency equipment; Jail Manual, Jail Alarms and Emergency X Procedures Storage, issue and use of weapons, ammunition, Jail Manual, Weapons X chemical agents; and, Storage, issue and use of security devices. X Policy 900.6 Use of Restraint Devices Suicide prevention; and, 900.3.3 Prisoner classification, screening and X segregation Segregation of inmates. X Jail Manual, Segregation of Prisoners The manual is available to all employees. Manual is on-line and in hard copy at the X booking desk. The manual is comprehensively reviewed and updated at The manual was updated on May 9, 2018. least every two years. X 1032 FIRE SUPPRESSION PREPLANNING Policy 900.11(g) There is a fire suppression pre-plan that has been developed Fire Suppression Preplan was developed in X in consultation with the responsible fire authority and conjunction with the Contra Costa County Fire includes: Protection District. Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff Jail Manual, Monthly Facility Inspection X with a two-year retention of the inspection record; This inspection is documented on Appendix B. Fire prevention inspections at least once every two REVIEW Report years; Note: Reference Health and Safety Code Section The Contra Costa County Fire Protection X 13146.1(a) and (b); District conducted the fire and life safety inspection on December 6, 2017 and fire clearance was granted. An evacuation plan; and, X Policy 221 Fire/Emergency Procedures A plan for the emergency housing of inmates in the Prisoners would be transported to county jail. event of a fire. X 1044 INCIDENT REPORTS Jail Manual, Incident Reports 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 Jail Manual, Incident Reports/Reporting 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. 0600 CC Walnut Creek PD THJ PRO.docx; 7/18/2018 - 3 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS The review team includes the facility administrator and/or 900.9.8 Death of a Prisoner 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 313.12(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 Jail Manual, Segregation of Prisoners X The facility has a written classification plan designed to There are four holding cells and prisoners are properly assign inmates to housing units and activities. held separately from each other. Includes receiving screening performed at intake by trained If there are more prisoners than individual cells personnel. X available, officers will transport prisoners to county jail. Includes maintenance of a record of each inmate's Jail Manual, Segregation of Prisoners classification level, housing restrictions and housing X assignments. 1051 COMMUNICABLE DISEASES Policy 900.3.1(h) Individuals Who Should not be in Temporary Custody There are written policies and procedures specifying those X 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 Jail Manual, Processing and Segregation had any communicable diseases, or has observable 1016 communicable Diseases symptoms of communicable diseases, including but not X limited to tuberculosis or other airborne diseases, or other Officers complete the Contra Costa Detention special medical problems identified by the health authority. Facilities Health Questionnaire for each prisoner booked at the city jail. Inmate's response is noted on booking form and/or Contra Costa Detention Facilities Health screening device. X Questionnaire 1052 MENTALLY DISORDERED INMATES Jail Manual, Segregation of Prisoners There are written policies and procedures for the X Officers complete the Contra Costa Detention identification and evaluation of all mentally disordered Facilities Health Questionnaire for each inmates. prisoner booked at the city jail. An evaluation by health care staff occurs within 24 hours of This occurs 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 Jail Manual, Segregation of the inmate or others. X 1053 ADMINISTRATIVE SEGREGATION Jail Manual, Segregation There are written policies and procedures, which provide Prisoners requiring such special housing are for administrative segregation of inmates who are X transported to the county jail. 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. 0600 CC Walnut Creek PD THJ PRO.docx; 7/18/2018 - 4 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 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 The facility does not have a safety cell. The remaining text of the regulation is deleted from The safety cell, specified in Title 24, Part 2, Section 1231 this checklist. X 2.5, is used only to hold inmates who display behavior that results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL The facility does not have a sobering cell. The remaining text of the regulation is deleted from The sobering cell, specified in Title 24, Part 2, Section this checklist. 1231 2.4 is used only for holding inmates who are a threat X to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures. 1057 DEVELOPMENTALLY DISABLED Policy 900.3.1(j) Individuals Who Should not INMATES be in Temporary Custody X There are written procedures for identification and Officers complete the Contra Costa Detention evaluation of all developmentally disabled inmates. Facilities Health Questionnaire for each prisoner booked at the city jail. A contact to the regional center occurs within 24 hours This would occur at the county jail. when an inmate is suspected or confirmed to be X developmentally disabled. 1058 USE OF RESTRAINT DEVICES Jail Manual, Use of Force and Restraint Equipment There are written policies and procedures for the use of restraint devices that include: X Security devices are deployed at the jail and restraint devices are not used. The remaining text of the regulation is deleted from this checklist. 1067 ACCESS TO TELEPHONE Jail Manual, 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 900.5.3(f) Temporary Custody Requirements There are written policies and procedures that ensure the X inmate's right to confidential consultation with attorneys. 1081 PLAN FOR INMATE DISCIPLINE (WA) Jail Manual, Administration of Discipline This policy states, there will be no There are written policies and procedures for inmate administration of discipline. 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.) 0600 CC Walnut Creek PD THJ PRO.docx; 7/18/2018 - 5 - A352 TH PRO eff. 9/2012.dot DETENTION OF MINORS YES NO N/A Are minors held in this facility? If YES, then the core requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the X provisions of Title 15, Article 9, Minors in Detention in a Law Enforcement Facility apply and will be inspected for. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. Number of violations: 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: 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: Reference: WIC 207.1(d)1(B) 0600 CC Walnut Creek PD THJ PRO.docx; 7/18/2018 - 6 - A352 TH PRO eff. 9/2012.dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 0600 FACILITY NAME: Walnut Creek Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1976 FIELD REPRESENTATIVE: Robert Takeshta DATE: June 14, 2018 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 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/Sobering Cells (WA) (2.4) 01: name change to “Sobering Cell” X Limited to no more than 8 inmates Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) X Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet X Limited to no more than one inmate X Contain flush ring toilet (flush with floor) with controls X located outside the cell Padded floor, door and walls X Equipped with variable intensity, security light, with X controls located outside the cell Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell door (Facility X planned or constructed prior to 8-86) 0600 CC Walnut Creek PD THJ PHY.docx;7/18/2018 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which must be in X the door (Facility planned or constructed after 8-86; See regulations for later changes)) Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at least 30 X inches above the floor Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) 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) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 0600 CC Walnut Creek PD THJ PHY.docx;7/18/2018 - 2 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 0600 FACILITY: Walnut Creek Police Department TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Robert Takeshta DATE: June 14, 2018 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Booking 1-2 Holding 1976 2 4 (8) 6.4’ x 6.3’ x 12.0’ Notes: Toilet facilities are not located in the cells but are available in the booking area. Adequate bench seating in both cells. 3-4 Holding 1976 2 4 (8) 6.4” x 13.0” x 12.0’ 1 1 1 Notes: Concrete 76” x 30” bench/bunk in each cell General Notes 1. This facility was closed from Fall of 2000 until Fall of 2004 for a remodel. There were previously 8 cells. Two cells (previously cells 3 & 4) were converted to an interview room. Two additional cells (previously cells 7 and 8) were converted to a SWAT room. The current cells 3 & 4 were previously cells 5 & 6. Other than the addition of audio monitoring, the other cells were unchanged. 2. An additional interview room in used for non-secure detention of juveniles and is located outside the security perimeter of the detention cells. *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. 0600 CC Walnut Creek PD THJ LAS.docx; 7/18/2018 - 1 - A360 LAS Adult.dot (03/01)