BSCC
Contra Costa County, Walnut Creek Police Department (2018-2020 inspection cycle)
Read the report at Contra Costa County, Walnut Creek Police Department ↗
June 26, 2020
Thomas Chaplin, Chief
Walnut Creek Police Department
1666 N. Main Street
Walnut Creek, CA 94596
2018-2020 BIENNIAL INSPECTION OF WALNUT CREEK POLICE DEPARTMENT, WALNUT
CREEK POLICE TEMPORARY HOLDING FACILITY JAIL, PENAL CODE 6031
Dear Chief Chaplin,
On February 27, 2020 staff of the Board of State and Community Corrections (BSCC) conducted
the 2018-2020 biennial inspection of the Walnut Creek Police Department Temporary Holding
Facility. A pre-inspection briefing was held on January 23, 2020.
Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance
with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24,
California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring
pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and
Delinquency Prevention Act (JJDPA).
The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title
15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation
outlining Title 24 requirements for design; and, a Living Area Space Evaluation summarizing the
physical plant configuration and showing the capacity of the facility. Refer to the Title 15
Checklist for indication of compliance status and evidence used to determine compliance.
LOCAL INSPECTIONS
In addition to the biennial inspection by the BSCC, inspections are also required annually by
the County Health Officer and biennially by the State Fire Marshal or an authorized
representative (Health and Safety Code Sections 101045 and 13146.1).
Environmental Health – November 20, 2019
Medical/Mental Health – November 20, 2019
Fire Inspection – December 6, 2017
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.
0600 Walnut Creek Police Department LTR 18-20
Chief Chaplin
Walnut Creek Police Department
Page 2
BSCC INSPECTION
The inspection consisted of a review of the Walnut Creek Police Department Policy Manual that
applies to Temporary Holding Operations of Adults, a site visit to review operations, physical
plant and relevant documentation, and interviews with administration and facility staff.
There were no inmates in custody at the time of the inspection, no interviews were conducted
with inmates.
Title 15, CCR Inspection
Our evaluation consisted of reviewing only those policies and procedures related specifically to
the applicable regulations included in Title 15, CCR.1 We found the following items of
noncompliance:
1027.5 Safety Checks:
Safety checks shall be conducted at least hourly through direct visual observation of all
inmates. There shall be no more than a 60-minute lapse between safety checks.
BSCC Staff reviewed random safety checks from the last year. There was a lack of
consistency and documentation of checks.
1029 Policy and Procedures, Annual Security Review:
Each facility administrator shall, at least annually, review, evaluate, make a record of
security measures. The review and evaluation shall include internal and external security
measures of the facility including security measures specific to prevention of sexual abuse
and sexual harassment.
BSCC Staff requested to see the review, but it was not completed or available.
1029 Policy and Procedures, Zero Tolerance and Reporting Procedures:
Facility administrator(s) shall develop and publish a manual of policy and procedures for
the facility…which includes a Zero tolerance for the prevention of sexual abuse and sexual
harassment… Include multiple internal ways for inmates to privately report sexual abuse
and sexual harassment, without retaliation by other inmates or staff. Finally, a method
for uninvolved inmates, family, community members, and other interested third parties to
report sexual abuse or sexual harassment
At the time of the inspection, the agency’s policy and procedures manual lacked a zero-
tolerance policy for sexual abuse and sexual harassment involving detainees. Currently,
there is not a posted or publicly accessible means for arrestees, other inmates, staff, or
third parties to privately report sexual abuse or sexual harassment of those in custody.
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.
Walnut Creek Police Department LTR 18-20
Chief Chaplin
Walnut Creek Police Department
Page 3
1032 Fire Suppression Preplanning:
Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the
local fire department having jurisdiction over the facility, with the State Fire Marshal, or
both, in developing a plan for fire suppression which shall include, but not limited to: (C)
Regular fire prevention inspections as required by Health and Safety Code Section
13146.1(a) and (b) which requires inspections at least once every two years.
At the time of the BSCC Inspection, there had not been a biennial fire inspection of the
facility since December 6, 2017.
Please refer to the Procedures Checklist for detailed information.
Title 24, CCR Physical Plant
There were no changes made to the physical plant. We found no items of noncompliance.
Please refer to the Physical Plant Checklist for detailed information. It should be noted that the
facility was well maintained and clean.
Juvenile Justice and Delinquency Prevention Act Compliance Monitoring
The BSCC monitors local detention facilities for compliance with the JJDPA; In 2019, no minors
were held beyond the 6-hour limit for secure detention.
Corrective Action Plan
If there are any changes or corrections to those items identified above, you may submit your
corrective actions to the BSCC for inclusion with this report.
This concludes our inspection report for the 2018-2020 biennial inspection cycle of the Walnut
Creek Police Department Temporary Holding Facility. We would like to express our gratitude to
Lieutenant James Laughter and Mr. John Haithcock who assisted during the inspection. We look
forward to working with you in the future to provide technical assistance. If you should have any
questions, please contact me at (916) 323-2613 or email at dale.miller@bscc.ca.gov.
Sincerely,
Dale A. Miller Digitally signed by Dale A. Miller
Date: 2020.06.29 13:25:54 -07'00'
Dale Miller
Field Representative
Facilities Standards and Operations Division
Enclosures
Walnut Creek Police Department LTR 18-20
Chief Chaplin
Walnut Creek Police Department
Page 4
cc: Mayor, City of Walnut Creek*
City Manager, City of Walnut Creek*
Presiding Judge, Superior Court, County of Contra Costa*
Chair, Contra Costa County Grand Jury*
James Laughter, Lieutenant, Walnut Creek Police Department
* Complete copies of this inspection are available upon request and at www.bscc.ca.gov
Walnut Creek Police Department LTR 18-20
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 James Laughter and Mr. John Haithcock
FIELD REPRESENTATIVE: Dale Miller DATE: February 27, 2020
TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
1024 COURT HOLDING AND TEMPORARY Walnut Creek Police Department Policy
HOLDING FACILITY TRAINING Manual (WCPM) 900.12 Training:
Such training shall include but not be limited to
Custodial personnel who supervise inmates in, and the following (15 CCR 1024):
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, fire
(b) jail operations liability; ☒ ☐ ☐ safety, and life safety
(c) inmate segregation; (e) Suicide prevention
(d) emergency procedures and planning, fire and life
safety; and,
BSCC Staff reviewed the training records
(e) suicide prevention. which identified that several police officers
Each agency shall determine if additional training is needed have been trained in accordance with this
based upon, but not limited to, the complexity of the facility, section.
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 WCPM 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 assignments.
training.
Eight hours of refresher training shall be completed once WCPM 900.12 Training:
every two years. Successful completion of the requirements Eight hours of refresher training is being
☒ ☐ ☐
in Section 1025, Continuing Professional Training may be completed once every two years.
substituted for the eight-hour refresher.
1027 NUMBER OF PERSONNEL WCPM 900.3 General Criteria and Supervision:
Arrestees are not held in this facility for more
A sufficient number of personnel shall be employed in each than 6 hours.
☒ ☐ ☐
local detention facility to ensure the implementation and In practice, the arresting or transportation
operation of the programs and activities required by these officer will stay with the inmate until released
regulations. or transferred.
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.
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Whenever there is an inmate in custody, there shall be at WCPM 900.3.2 Supervision in Temporary
least one employee on duty at all times in a local detention Custody: An authorized department member
facility or in the building which houses a local detention ☒ ☐ ☐ capable of supervising shall be present at all
facility who shall be immediately available and accessible to times.
inmates in the event of an emergency.
Such an employee shall not have any other duties which
would conflict with the supervision and care of inmates in ☒ ☐ ☐
the event of an emergency.
Whenever one or more female inmates are in custody, there WCPM 900.3.2 Supervision in Temporary
shall be at least one female employee who shall be Custody: At least one female department
immediately available and accessible to such females. member is present when a female adult is in
Note: Reference PC§ 4021. ☒ ☐ ☐ temporary custody. In the event that none is
readily available, the female in custody should
be transported to another facility or released
pursuant to another lawful process.
To determine if there is a sufficient number of personnel for WCPM 900.3.3 Staffing Plan:
a specific facility, the facility administrator shall prepare and A staffing plan is prepared and maintained,
retain a staffing plan indicating the personnel assigned in the indicating assigned personnel and their duties.
facility and their duties. Such a staffing plan shall be The plan ensures that a least one member who
☒ ☐ ☐
reviewed by the Board staff at the time of their biennial meets the training standards.
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 WCPM 900.5.1 Temporary Custody Logs:
The manual states time of safety checks will be
Safety checks shall be conducted at least hourly through documented per 15 CCR 1027.5.
direct visual observation of all inmates. There shall be no ☐ ☒ ☐ BSCC Staff reviewed safety checks from the
more than a 60-minute lapse between safety checks. last year. There was a lack consistency and
documentation of checks. The checks were out
of compliance with this section.
There is a written plan that includes the documentation of WCPM 900.8 Holding Cells:
routine safety checks. ☒ ☐ ☐ Safety checks by department members shall
occur no less than every 30 minutes and logged.
1028 FIRE AND LIFE SAFETY STAFF WCPM 900.33 Staffing Plan:
One member of the department who meets the
Whenever there is an inmate in custody, there shall be at training standard for general fire and life safety
☒ ☐ ☐
least one person on duty at all times who meets the training and is trained in fire and life safety procedures
standards established by the BSCC for general fire and life is on duty at all times.
safety. (Penal Code section 6030[e])
The facility manager shall ensure that there is at least one
person on duty who trained in fire and life safety procedures ☒ ☐ ☐
that relate specifically to the facility.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
1029 POLICY AND PROCEDURES MANUAL 2 The Walnut Creek Police Department utilizes
Section 900, Temporary Custody of Adults of
the Walnut Creek Police Department’s Policy
Facility administrator(s) shall develop and publish a manual
Manual (WCPM) as their manual for the
of policy and procedures for the facility. The policy and
operation and policies for a Temporary Custody
procedures manual shall address all applicable Title 15 and
Facility.
Title 24 regulations and shall be comprehensively reviewed
and updated at least every two years. Such a manual shall be
made available to all employees. The manual was last reviewed and update
☒ ☐ ☐ December 20, 2019.
The policies and procedures required in subsections (a)(6)
and (a)(7) may be placed in a separate manual to ensure Other sections of the WCPM meet different
confidentiality. Subsections c and d do not apply and have requirements in the checklist.
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 WCPD 200 Organization and Administration
☒ ☐ ☐
communications.
(2) Inspections and operations reviews by the facility WCPD 900.8 A thorough inspection of a cell
administrator/manager. shall be conducted before placing an individual
into the cell to ensure there are no weapons or
contraband and that the cell is clean and
☒ ☐ ☐
sanitary. An inspection also, should be
conducted when he/she Is released. Any
damage noted to the cell should be
photographed and documented.
(3) Policy on the use of force. ☒ ☐ ☐ WCPM 300 Use of Force
(4) Policy on the use of restraint equipment, including the WCPM 900.6 Use of Restraint Devices
restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐
Section 3407.
(5) Procedure and criteria for screening newly received WCPM 410.3.1 Field Citations
inmates for release per Penal Code sections 849(b)(2) and WCPM 410.3.2 Jail Release
☒ ☐ ☐
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, Completed daily and is less the one average
☒ ☐ ☐
daily population.
(B) searches of the facility and inmates, ☒ ☐ ☐ WCPM 902 Custodial Searches
(C) contraband control, and, ☒ ☐ ☐ WCPM 902 Custodial Searches
(D) key control. ☒ ☐ ☐ Maintained by Watch Commander
Each facility administrator shall, at least annually, review, WCPM 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, but it
was not completed or available.
(7) Emergency procedures include: WCPM 900.11 Assigned Administrator
(A) fire suppression preplans as required by section ☒ ☐ ☐
1032 of these regulations;
(B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ WCPM 900.11 Assigned Administrator
2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
(C) mass arrests; ☒ ☐ ☐ WCPM 900.11 Assigned Administrator
(D) natural disasters; ☒ ☐ ☐ WCPM 201 Disaster Plan
(E) periodic testing of emergency equipment; and, ☒ ☐ ☐
(F) storage, issue, and use of weapons, ammunition, Gun lockers and armory is located outside the
☒ ☐ ☐
chemical agents, and related security devices. temporary holding facility.
(8) Suicide Prevention. WCPM 900.3.1 Individuals Who Should Not
☒ ☐ ☐
Be in Temporary Custody
(9) Segregation of Inmates. ☒ ☐ ☐ WCPM 900.4.1 Screening and Placement
(10) Zero tolerance in the prevention of sexual abuse and No zero tolerance in the prevention of sexual
☐ ☒ ☐
sexual harassment. abuse and sexual harassment.
(11) Policy and procedure to detect, prevent, and respond WCPM 1036 Anti-Retaliation
to retaliation against any staff or inmate after reporting ☒ ☐ ☐
any abuse.
(e) The manual for Temporary Holding, Court Holding, This facility does not have a posted means of
Type I, II, III, and IV facilities shall provide for, but not be reporting sexual assault or harassment for
limited to, the following: inmates or staff.
(1) multiple internal ways for inmates to privately report
sexual abuse and sexual harassment, retaliation by other ☐ ☒ ☐
inmates or staff for reporting sexual abuse and sexual
harassment, and staff neglect or violation of
responsibilities that may have contributed to such
incidents,
(2) a method for uninvolved inmates, family, This facility does not have a posted means of
community members, and other interested third parties reporting sexual assault or harassment for
to report sexual abuse or sexual harassment. The ☐ ☒ ☐ uninvolved inmates, family, community
method for reporting shall be publicly posted at the members, or other interested third parties.
facility.
1030 SUICIDE PREVENTION PROGRAM WCPD 900.3.1 Individuals Who Should Not Be
in Temporary Custody
The facility shall have a comprehensive written suicide (d) Individuals who are a suspected suicide risk.
prevention program developed by the facility administrator, 1. If the officer taking custody of an individual
☒ ☐ ☐
in conjunction with the health authority and mental health believes that he/she may be a suicide risk, the
director, to identify, monitor, and provide treatment to those officer shall ensure continuous direct
inmates who present a suicide risk. The program shall supervision until evaluation, release or a
include the following: transfer to an appropriate facility is completed.
(a) Suicide prevention training for all staff that have direct WCPD 900.4.1 Screening and Placement
☒ ☐ ☐
contact with inmates.
(b) Intake screening for suicide risk immediately upon The officer should specifically ask if the
intake and prior to housing assignment. Individual Is contemplating suicide and
☒ ☐ ☐
evaluate him/her for obvious signs or
indications of suicidal Intent.
(c) Provisions facilitating communication among WCPD 900.4.1 Screening and Placement
arresting/transporting officers, facility staff, medical and Advise the Watch Commander of any
☒ ☐ ☐
mental health personnel in relation to suicide risk. significant risks presented by the Individual
{e.g., suicide risk, health risk, violence).
(d) Housing recommendations for inmates at risk of suicide. WCPD 900.3.1 Individuals Who Should Not Be
☒ ☐ ☐
in Temporary Custody
(e) Supervision depending on level of suicide risk. The officer shall ensure continuous direct
☒ ☐ ☐
supervision.
(f) Suicide attempt and suicide intervention policies and WCPD 900.9 Suicide Attempt, Death or
☒ ☐ ☐
procedures. Serious Injury
(g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
(h) Multi-disciplinary administrative review of suicides and Agency participates in the Contra Costa County
attempted suicides as defined by the facility ☒ ☐ ☐ in-custody death review panel.
administrator.
1032 FIRE SUPPRESSION PREPLANNING WCPD 900.11 Assigned Administrator
Patrol Bureau Commander will ensure any
Pursuant to Penal Code Section 6031.1(b), the facility reasonably necessary supplemental procedures
administrator shall consult with the local fire department ☒ ☐ ☐ are in place to address the following issues:
having jurisdiction over the facility, with the State Fire (g) Fire-and life-safety, including a fire
Marshal, or both, in developing a plan for fire suppression suppression pre-plan
which shall include, but not be limited to:
(a) a fire suppression pre-plan developed with the local fire Fire Department submitted review on June 13,
department to be included as part of the policy and procedures 2018
☒ ☐ ☐
manual (Title 15, California Code of Regulations Section
1029);
(b) regular fire prevention inspections by facility staff on a In practice, daily inspections are conducted by
monthly basis with two-year retention of the inspection ☒ ☐ ☐ the Watch Commander.
record;
(c) fire prevention inspections as required by Health and The last fire department inspection was
Safety Code Section 13146.1(a) and (b) which requires ☐ ☒ ☐ completed in December 2017. This is out of
inspections at least once every two years; compliance with the section.
(d) an evacuation plan; and, ☒ ☐ ☐ Posted in the facility.
(e) a plan for the emergency housing of inmates in the case of Emergency housing will be County Jail.
☒ ☐ ☐
fire.
1044 INCIDENT REPORTS WCPD 900.5.9 Reporting Physical Harm or
Serious Threat of Harm
Each facility administrator shall develop written policies and
procedures for the maintenance of written records and ☒ ☐ ☐ Any incident that results in physical harm or
reporting of all incidents which result in physical harm, or serious threat of physical harm to a member,
serious threat of physical harm, to an employee or inmate of person in custody or any other person.
a detention facility or other person.
Such records shall include the names of the persons BSCC Staff requested to review any incidents
involved, a description of the incident, the actions taken, and ☒ ☐ ☐ in the temporary holding facility during the last
the date and time of the occurrence. two years. No incidents were reported.
Such a written record shall be prepared by the staff assigned
to investigate the incident and submitted to the facility ☒ ☐ ☐
manager or his/her designee.
1046 DEATH IN CUSTODY WCPD 900.3.1 Individuals Who Should Not Be
in Temporary Custody
(a) Death in Custody Reviews for Adults and Minors.
The facility administrator, in cooperation with the health Agency participates in the Contra Costa County
administrator, shall develop written policy and procedures ☒ ☐ ☐ in-custody death review panel.
to ensure that there is an initial review of every in-custody
death within 30 days. The review team shall include the
facility administrator and/or the facility manager, the health
administrator, the responsible physician and other health
care and supervision staff who are relevant to the incident.
Deaths shall be reviewed to determine the appropriateness of
clinical care; whether changes to policies, procedures, or
☒ ☐ ☐
practices are warranted; and to identify issues that require
further study.
(b) Death of a Minor WCPD 313.9 Suicide Attempt, Death, or
In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Serious Injury of a Juvenile.
lockup, or court holding facility:
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(1) The administrator of the facility shall provide to the (g) In the case of a death, providing a report to
Board a copy of the report submitted to the Attorney the Attorney General within 10 calendar days of
General under Government Code Section 12525. A copy ☒ ☐ ☐ the death, and forwarding the same report to
of the report shall be submitted within 10 calendar days the Board of State and Community Corrections
after the death. 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 WCPD 900.4.1 Screening and Placement
(b) Evaluate the following issues against the
(a) Each administrator of a temporary holding, Type I, II, or stated risks in to determine the need for
III facility shall develop and implement a written placing the individual in a single cell:
classification plan designed to properly assign inmates to 1. Consider whether the individual may be at a
high risk of being sexually abused based on all
housing units and activities according to the categories of sex,
age, criminal sophistication, seriousness of crime charged, available known information, or whether the
physical or mental health needs, assaultive/non-assaultive person is facing any other identified risk.
behavior, risk of being sexually abused, or sexually harassed 2. Provide any individual identified as being at
and other criteria which will provide for the safety of the a high risk for sexual or other victimization
inmates and staff. Such housing unit assignment shall be ☒ ☐ ☐ with heightened protection. This may Include:
accomplished to the extent possible within the limits of the (a) Continuous, direct sight and sound
available number of distinct housing units or cells in a facility. supervision.
(b) Single-cell placement in a cell that is
actively monitored on video by a member who
The written classification plan shall be based on objective
is available to immediately intervene.
criteria and include receiving screening performed at the time
3. Ensure individuals are separated according to
of intake by trained personnel, and a record of each inmate's
severity of the crime (felony or misdemeanor).
classification level, housing restrictions, and housing
4. Ensure males and females are separated by
assignments.
sight and sound when in cells.
(Subsection b does not apply and has been deleted.) 5. Ensure restrained individuals are not placed
in cells with unrestrained individuals
(c) In deciding whether to assign an inmate to a housing area
for male or female inmates, and in making other housing and
programming assignments, the agency shall consider on a
case-by-case basis whether a placement would ensure the
☒ ☐ ☐
inmate's health and safety, and whether the placement would
present management or security problems. An inmate's own
views with respect to his or her own safety shall be given
serious consideration.
1051 COMMUNICABLE DISEASES WCPD 900.4 Initiating Temporary Custody
The officer responsible for an individual in
The facility administrator, in cooperation with the temporary custody should evaluate the person
responsible physician, shall develop written policies and ☒ ☐ ☐ for any apparent chronic illness, disability,
procedures specifying those symptoms that require vermin infestation, possible communicable
segregation of an inmate until a medical evaluation is disease or any other potential risk to the health
completed. or safety of the individual or others.
At the time of intake into the facility, an inquiry shall be
made of the person being booked as to whether or not he/she
has or has had any communicable diseases, such as
tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐
any other communicable diseases, or other special medical
problem identified by the health authority. The response
shall be noted on the booking form and/or screening device.
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1052 MENTALLY DISORDERED INMATES WCPD 900.3.1 Individuals Who Should Not Be
in Temporary Custody
The facility administrator, in cooperation with the (j) Any individual who is obviously
☒ ☐ ☐
responsible physician, shall develop written policies and developmentally disabled
procedures to identify and evaluate all mentally disordered
inmates, and may include telehealth.
If an evaluation from medical or mental health staff is not In practice, anyone suspected of mental
readily available, an inmate shall be considered mentally disorders are transferred to county jail or a
disordered for the purpose of this section if he or she appears medical facility.
to be a danger to himself/herself or others or if he/she
appears gravely disabled. ☒ ☐ ☐ WCPD 900.3 General Criteria and Supervision
No adult should be in temporary custody for
An evaluation from medical or mental health staff shall be longer than six hours.
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 WCPD 900.3.1 Individuals Who Should Not Be
in Temporary Custody
Except in Type IV facilities, each facility administrator shall
develop written policies and procedures which provide for WCPD 900.4.1 Screening and Placement
the administrative segregation of inmates who are
determined to be prone to: promote activity or behavior that (d) Ensure separation, as appropriate, based on
is criminal in nature or disruptive to facility operations; other factors, such as age, criminal
demonstrate influence over other inmates, including sophistication, assaultive/non-assaultive
influence to promote or direct action or behavior that is ☒ ☐ ☐ behavior, mental state, disabilities and
criminal in nature or disruptive to the safety and security of
sexual orientation.
other inmates or facility staff, as well as to the safe operation
of the facility; escape; assault, attempted assault, or
participation in a conspiracy to assault or harm other inmates
or facility staff; or likely to need protection from other
inmates, if such administrative segregation is determined to
be necessary in order to obtain the objective of protecting
the welfare of inmates and staff.
Administrative segregation shall consist of separate and Single-cell placement in a cell that is actively
secure housing but shall not involve any other deprivation of monitored on video by a member who is
☒ ☐ ☐
privileges than is necessary to obtain the objective of available to immediately intervene.
protecting the inmates and staff.
1055 USE OF SAFETY CELL There is no safety cell in this facility.
The safety cell described in Title 24, Part 2, Section
☐ ☐ ☒
1231.2.5, shall be used to hold only those inmates who
display behavior which results in the destruction of property
or reveals an intent to cause physical harm to self or others.
The facility administrator, in cooperation with the
responsible physician, shall develop written policies and
☐ ☐ ☒
procedures governing safety cell use and may delegate
authority to place an inmate in a safety cell to a physician.
In no case shall the safety cell be used for punishment or as
☐ ☐ ☒
a substitute for treatment.
An inmate shall be placed in a safety cell only with the
approval of the facility manager or designee, or responsible
☐ ☐ ☒
health care staff; continued retention shall be reviewed a
minimum of every four hours.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
A medical assessment shall be completed within a maximum
of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒
sick call, whichever is earliest.
The inmate shall be medically cleared for continued
☐ ☐ ☒
retention every 24 hours thereafter.
The facility manager, designee or responsible health care
staff shall obtain a mental health opinion/consultation with
☐ ☐ ☒
responsible health care staff on placement and retention,
which shall be secured within 12 hours of placement.
Direct visual observation shall be conducted at least twice
every thirty minutes. Such observation shall be documented. ☐ ☐ ☒
Procedures shall be established to assure administration of
☐ ☐ ☒
necessary nutrition and fluids.
Inmates shall be allowed to retain sufficient clothing or be
provided with a suitably designed “safety garment,” to
provide for their personal privacy unless specific identifiable ☐ ☐ ☒
risks to the inmate's safety or to the security of the facility
are documented.
1056 USE OF SOBERING CELL There is no sobering cell in this facility.
The sobering cell described in Title 24, Part 2, Section
1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒
threat to their own safety or the safety of others due to their
state of intoxication and pursuant to written policies and
procedures developed by the facility administrator.
Such inmates shall be removed from the sobering cell as they
are able to continue in the processing.
☐ ☐ ☒
In no case shall an inmate remain in a sobering cell over six
hours without an evaluation by a medical staff person or an
evaluation by custody staff, pursuant to written medical
☐ ☐ ☒
procedures in accordance with section 1213 of these
regulations, to determine whether the prisoner has an urgent
medical problem.
At 12 hours from the time of placement, all inmates will
receive an evaluation by responsible health care staff.
☐ ☐ ☒
Intermittent direct visual observation of inmates held in the
sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒
Such observation shall be documented.
1057 DEVELOPMENTALLY DISABLED WCPD 900.3.1 Individuals Who Should Not Be
INMATES in 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 WCPD 900.3 General Criteria and Supervision
center on any inmate suspected or confirmed to be No adult should be in temporary custody for
developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ longer than six hours.
and/or treatment within 24 hours of such determination,
excluding holidays and weekends.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
1058 USE OF RESTRAINT DEVICES WCPD 900.6 Use of Restraint Devices
The use of restraints, other than handcuffs or
The facility administrator, in cooperation with the leg irons, generally should not be used for
responsible physician, shall develop written policies and ☒ ☐ ☐ individuals in temporary custody at the Walnut
procedures for the use of restraint devices and may delegate Creek Police Department unless the person
authority to place an inmate in restraints to a responsible presents a heightened risk, and only in
health care staff. compliance with the Handcuffing and
Restraints Policy.
In addition to the areas specifically outlined in this
regulation, at a minimum, the policy shall address the
☐ ☐ ☒
following areas:
acceptable restraint devices;
signs or symptoms which should result in immediate
☐ ☐ ☒
medical/mental health referral;
availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒
protective housing of restrained persons; ☐ ☐ ☒
provision for hydration and sanitation needs; and ☐ ☐ ☒
exercising of extremities. ☐ ☐ ☒
In no case shall restraints be used for punishment or as a
☐ ☐ ☒
substitute for treatment.
Restraint devices shall only be used on inmates who display
behavior which results in the destruction of property or
reveal an intent to cause physical harm to self or others.
Restraint devices include any devices which immobilize an
inmate's extremities and/or prevent the inmate from being
☐ ☐ ☒
ambulatory.
Physical restraints should be utilized only when it appears
less restrictive alternatives would be ineffective in
controlling the disordered behavior.
Inmates shall be placed in restraints only with the approval
of the facility manager, the facility watch commander,
☐ ☐ ☒
responsible health care staff; continued retention shall be
reviewed a minimum of every hour.
A medical opinion on placement and retention shall be
☐ ☐ ☒
secured within one hour from the time of placement.
A medical assessment shall be completed within four hours
☐ ☐ ☒
of placement.
If the facility manager, or designee, in consultation with
responsible health care staff determines that an inmate
cannot be safely removed from restraints after eight hours, ☐ ☐ ☒
the inmate shall be taken to a medical facility for further
evaluation.
Direct visual observation shall be conducted at least twice
every thirty minutes to ensure that the restraints are properly
☐ ☐ ☒
employed, and to ensure the safety and well-being of the
inmate. Such observation shall be documented.
While in restraint devices all inmates shall be housed alone
or in a specified housing area for restrained inmates which ☐ ☐ ☒
makes provisions to protect the inmate from abuse.
The provisions of this section do not apply to the use of
handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒
restrain inmates for security reasons.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
1058.5 RESTRAINTS AND PREGNANT INMATES WCPD 900.6.1 Pregnant Adults
WCPD 900.3.1 Individuals Who Should Not be
The facility administrator, in cooperation with the in Temporary Custody
responsible physician, shall develop written policies and ☒ ☐ ☐ (b) Any Individual who has a medical
procedures for the use of restraint devices on pregnant condition, including pregnancy, that may
inmates. In accordance with Penal Code 3407 the policy require medical attention, supervision or
shall include reference to the following: medication while in temporary custody.
(1) An inmate known to be pregnant or in recovery after
delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐
waist chains, or handcuffs behind the body.
(2) A pregnant inmate in labor, during delivery, or in Handcuffing and Restraint Policy
recovery after delivery, shall not be restrained by the
☒ ☐ ☐
wrists, ankles, or both, unless deemed necessary for the
safety and security of the inmate, the staff, or the public.
(3) Restraints shall be removed when a professional
who is currently responsible for the medical care of a
pregnant inmate during a medical emergency, labor, ☒ ☐ ☐
delivery, or recovery after delivery determines that the
removal of restraints is medically necessary.
(4) Upon confirmation of an inmate's pregnancy, she
shall be advised, orally or in writing, of the standards ☒ ☐ ☐
and policies governing pregnant inmates.
1067 ACCESS TO TELEPHONE WCPD 900.5.6 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
to an attorney, bail bondsman, and a relative or
851.5 of the Penal Code.
other person.
1068 ACCESS TO COURTS AND COUNSEL WCPD 900.5.6 Telephone Calls
WCPD 900.5.3 Temporary Custody
The facility administrator shall develop written policies and ☒ ☐ ☐ Requirements
procedures to ensure inmates have access to the court and to
legal counsel. Such access shall consist of:
(a) unlimited mail as provided in Section 1063 of these This is a temporary holding facility that does
☐ ☐ ☒
regulations, and, not hold anyone past 6 hours.
(b) confidential consultation with attorneys. WCPD 900.5.3 Temporary Custody
☒ ☐ ☐
Requirements
1080 RULES AND DISCIPLINARY PENALTIES Discipline will not be administered to any
individual in custody at this facility.
Wherever discipline is administered, each facility ☐ ☐ ☒
administrator shall establish written rules and disciplinary
penalties to guide inmate conduct.
Such rules and disciplinary penalties shall be stated simply
and affirmatively and posted conspicuously in housing units ☐ ☐ ☒
and the booking area or issued to each inmate upon booking.
For those inmates who are illiterate or unable to read
English, and for persons with disabilities, provision shall be
made for the jail staff to instruct them verbally or provide ☐ ☐ ☒
them with material in an understandable form regarding jail
rules and disciplinary procedures and penalties.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
1081 PLAN FOR INMATE DISCIPLINE Discipline will not be administered to any
individual in custody at this facility.
If discipline is NOT administered, written policy should
indicate as such. If discipline is administered, Sections
1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒
Each facility administrator shall develop written policies and
procedures for inmate discipline. The plan shall include, but
not be limited to, the following elements:
(a) Temporary Loss of Privileges: For minor acts of non-
conformance or minor violations of facility rules, staff may
impose a temporary loss of privileges, such as access to
☐ ☐ ☒
television, telephones, commissary, or lockdown for less
than 24 hours, provided there is written documentation and
supervisory approval.
(b) Punitive Actions: Major violations of facility rules or
repetitive minor acts of non-conformance or repetitive minor
violations of facility rules shall be reported in writing by the
☐ ☐ ☒
staff member observing the act and submitted to the
disciplinary officer. The consequences of such violations
may include, but are not limited to:
1. Loss of good time/work time. ☐ ☐ ☒
2. Placement in disciplinary separation. ☐ ☐ ☒
3. Disciplinary separation diet. ☐ ☐ ☒
4. Loss of privileges mandated by regulations. ☐ ☐ ☒
A staff member with investigative and punitive authority
shall be designated as a disciplinary officer to impose such ☐ ☐ ☒
consequences.
Staff shall not participate in disciplinary review if they are
☐ ☐ ☒
involved in the charges.
Such charges pending against an inmate shall be acted on Discipline will not be administered to any
with the following provisions and within specified ☐ ☐ ☒ individual in custody at this facility.
timeframes:
1. A copy of the report, and/or a separate written notice
☐ ☐ ☒
of the violation(s), shall be provided to the inmate.
2. Unless declined by the inmate, a hearing shall be
provided no sooner than 24 hours after the report has
been submitted to the disciplinary officer and the inmate
has been informed of the charges in writing. The hearing ☐ ☐ ☒
may be postponed or continued for a reasonable time
through a written waiver by the inmate, or for good
cause.
3. The inmate shall be permitted to appear on his/her
own behalf at the time of hearing and present witnesses
and documentary evidence. The inmate shall have ☐ ☐ ☒
access to staff or inmate assistance when the inmate is
illiterate, or the issues are complex.
4. A charge(s) shall be acted on no later than 72 hours
after an inmate has been informed of the charge(s) in ☐ ☐ ☒
writing.
5. Subsequent to final disposition of disciplinary
charges by the disciplinary officer, the charges and the
☐ ☐ ☒
action taken shall be reviewed by the facility manager
or designee.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
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 WCPD 900.5.2 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.
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 Discipline will not be administered to any
minimum furnishings and space specified in Title 24, Part 2, individual in custody at this facility.
1231.2.6 and 2.7. Occupants shall be issued clothing and
bedding as specified in Articles 13 and 14 of these
regulations and shall not be deprived of them through any
☐ ☐ ☒
portion of the day except that those inmates who engage in
the destruction of bedding or clothing may be deprived of
such articles. The decision to deprive inmates of such
articles of clothing and bedding shall be reviewed by the
facility manager or designee during each 24-hour period.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
(c) The delegation of authority to any inmate or group of Discipline will not be administered to any
inmates to exercise the right of punishment over any other ☐ ☐ ☒ individual in custody at this facility.
inmate or group of inmates (Penal Code section 4019.5)
(d) In no case shall a safety cell, as specified in Title 24, Part
2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒
purposes.
(e) No inmate may be deprived of the implements necessary
to maintain an acceptable level of personal hygiene as ☐ ☐ ☒
specified in Section 1265 of these regulations
(f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒
(g) The disciplinary separation diet described in section
1247 of these regulations shall only be utilized for major ☐ ☐ ☒
violations of institutional rules.
(1) In addition to the provisions of Section 1247, the
facility manager shall approve the initial placement on
☐ ☐ ☒
the disciplinary separation diet and ensure that medical
staff is notified.
(2) In consultation with medical care staff, the facility
manager shall approve any continuation on that diet ☐ ☐ ☒
every 72 hours after the initial placement.
(h) Correspondence privileges shall not be withheld except
in cases where the inmate has violated correspondence
regulations, in which case correspondence may be ☐ ☐ ☒
suspended for no longer than 72 hours, without the review
and approval of the facility manager.
(i) In no case shall access to courts and legal counsel be
☐ ☐ ☒
suspended as a disciplinary measure.
1084 DISCIPLINARY RECORDS Discipline will not be administered to any
individual in custody at this facility.
Penal Code Section 4019.5 requires that a record is kept of
all disciplinary infractions and punishment administered, ☐ ☐ ☒
therefore. This requirement may be satisfied by retaining
copies of rule violation reports and report of the disposition
of each.
DETENTION OF MINORS
YES NO COMEMNTS
Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring
Inspection Report.
The Juvenile Justice and Delinquency Prevention Act
(JJDPA) establishes the following federal standards on the
detention of minors:
(1) Deinstitutionalization of Status Offenders ☒ ☐
(2) Separation
(3) Jail Removal (6-hour limit)
The JJDPA requires an annual inspection on the federal
standards for facilities that hold minors in secure detention.
Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9
inspection.
Penal Code Section 6030 and 6031.4 require the biennial ☐ ☒
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
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temporary custody in the jail.
Facilities that do not hold minors in the jail are not subject
to Title 15, Article 9 biennial inspections.
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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: Dale Miller DATE: February 27, 2020
TITLE 24 SECTION YES NO N/A COMMENTS
Temporary Holding Cells (2.2)
X
Contain 10 square feet of floor per inmate
Limited to no more than 16 inmates X
No smaller than 40 square feet X
Contain sufficient seating to accommodate all inmates X
Toilet accessible X
Wash basin accessible X
Drinking fountain accessible X
Provide for adequate visual supervision of inmates X
Bunk provided to inmates held between hours of 2400 and
0600 (Later, less restrictive 1994 standards only require a
X
bunk if inmates are held longer than 12 hours)
Weapons Locker (3.12)
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)
Contain 48 square feet with one floor dimension at least 6 X
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
located outside the cell
X
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TITLE 24 SECTION YES NO N/A COMMENTS
Padded floor, door and walls
X
Equipped with variable intensity, security light, with
controls located outside the cell
X
Vertical view panel not more than 4 inches wide and at least
24 inches long, located in or adjacent to cell door (Facility
planned or constructed prior to 8-86) X
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
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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: Dale Miller DATE: February 27, 2020
ROOMS EACH ROOM
Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES*
Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S
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.
2018-2020 Inspection: Benches for booking 1 is 69” and booking 2 is 72”
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
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.
An additional interview room in used for non-secure detention of juveniles and is located outside the security perimeter of the detention
cells.
2018-2020 Inspection: Weapons lockers are located by both entrances. Juvenile detention is outside the secure lockup.
*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.
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