Contra Costa County, Walnut Creek Police Department (2020-2022 inspection cycle)

August 2, 2021 Dan Pratt, Chief Walnut Creek Police Department 1666 N. Main Street Walnut Creek, CA 94596 2020-2022 BIENNIAL INSPECTION OF WALNUT CREEK POLICE DEPARTMENT, WALNUT CREEK POLICE TEMPORARY HOLDING FACILITY, PENAL CODE 6031 Dear Chief Pratt, On July 15, 2021, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Walnut Creek 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 Medical/Mental Health March 1, 2021 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. 0600 Contra Costa Walnut Creek THJ LTR 20-22 Chief Pratt 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 no items of noncompliance. 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. Technical Assistance BSCC Staff did identify that in August 2020, two minors were held in secure detention. These two were locked in the cells in the temporary holding facility, were logged on the non-secure log, and were not reported in the monthly report. The police report states that the minors were continually supervised during the detention. This was not a violation of JJDPA, but conflicts with Welfare and Institutional Code (WIC) 207.1(d): WIC 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, and of the maximum six-hour period and secure detention is authorized to last. 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. 0600 Contra Costa Walnut Creek THJ LTR 20-22 Chief Pratt Walnut Creek Police Department Page 3 WIC207.1(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 circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. In an effort ensure future compliance with WIC 207.1(d), BSCC staff provided training material, sample forms, and a video to assist in educating facility staff on proper recording secure advisements and logs. 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 2020-2022 biennial inspection cycle of the Walnut Creek Police Department Temporary Holding Facility. We would like to express our gratitude to Lieutenant Anthony Mangini 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: 2021.08.02 11:41:49 -07'00' Dale Miller Field Representative Facilities Standards and Operations Division Enclosures 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* Anthony Mangini, Lieutenant, Walnut Creek Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 0600 Contra Costa Walnut Creek THJ LTR 20-22 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 Anthony Mangini FIELD REPRESENTATIVE: Dale Miller DATE: July 15, 2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Walnut Creek Police Manual (WCPM): HOLDING FACILITY TRAINING WCPM 900.12 Training Department members responsible for Custodial personnel who supervise inmates in, and supervising adults in temporary custody shall supervisors of, a Court Holding or Temporary Holding complete the Corrections Officer Core Course facility shall complete 8 hours of specialized training. Such or eight hours of specialized training within six training shall include, but not be limited to: months of assignment. Such training shall (a) applicable minimum jail standards; include but not be limited to the following (15 CCR 1024): (b) jail operations liability; ☒ ☐ ☐ (a) Applicable minimum jail standards (c) inmate segregation; (b) Jail operations liability (d) emergency procedures and planning, fire and life safety; and, (c) Inmate segregation (e) suicide prevention. (d) Emergency procedures and planning, fire safety, and life safety. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, (e) Suicide prevention 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 BSCC Staff reviewed training rosters and found any event not more than six months after the date of assigned that all officers had been through the CORE responsibility, or the effective date of this regulation. course or initial eight fours within six months of Successful completion of Core training or supplemental ☒ ☐ ☐ assignment. Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once WCPM 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. BSCC Staff reviewed training roster and found that all officers received 8 hours of training since February 2021. 1027 NUMBER OF PERSONNEL WCPM 900.3.3 Staffing Plan Chief of Police or the authorized designee shall A sufficient number of personnel shall be employed in each ensure a staffing plan is prepared and ☒ ☐ ☐ local detention facility to ensure the implementation and maintained, indicating assigned personnel and operation of the programs and activities required by these their duties. The plan should ensure that at least regulations. one member who meets the training standards. 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 Contra Costa Walnut Creek THJ 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 WCPM 900.3.2 Supervision in Temporary least one employee on duty at all times in a local detention Custody facility or in the building which houses a local detention ☒ ☐ ☐ An authorized department member capable of facility who shall be immediately available and accessible to supervising shall be present at all times when an inmates in the event of an emergency. individual is held in temporary custody. Such an employee shall not have any other duties which WCPM 900.3.2 Supervision in Temporary would conflict with the supervision and care of inmates in Custody the event of an emergency. ☒ ☐ ☐ The member responsible for supervising should not have other duties that could unreasonably conflict with his/her supervision. 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 immediately available and accessible to such females. ☒ ☐ ☐ At least one trained female department member Note: Reference PC§ 4021. should be present when a female adult is in temporary custody. 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 The plan should ensure that at least one member retain a staffing plan indicating the personnel assigned in the who meets BSCC for general fire- and life- facility and their duties. Such a staffing plan shall be safety and is trained in fire- and life safety ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial procedures relating specifically to the facility in inspection. The results of such a review and on-duty at all times. recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS WCPM 900.8 Holding Cells (c) 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 BSCC Staff reviewed all safety checks for the more than a 60-minute lapse between safety checks. last 12 months. All met the state requirements for checks. There is a written plan that includes the documentation of WCPM 900.8 Holding Cells ☒ ☐ ☐ routine safety checks. (c) 2. All safety checks shall be logged. 1028 FIRE AND LIFE SAFETY STAFF WCPM 900.3.3 Staffing Plan At least one member who meets BSCC for Whenever there is an inmate in custody, there shall be at general fire- and life-safety and is trained in ☒ ☐ ☐ least one person on duty at all times who meets the training fire- and life safety procedures relating standards established by the BSCC for general fire and life specifically to the facility in on-duty at all safety. (Penal Code section 6030[e]) times. 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. 0600 Contra Costa Walnut Creek THJ 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 Walnut Creek Police Manual (WCPM) Chapter 9, Custody is the primary policy used for Facility administrator(s) shall develop and publish a manual the Temporary Holding facility. The WCPM was of policy and procedures for the facility. The policy and last reviewed and published on June 15, 2021. procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed Other sections of the WCPM meet different and updated at least every two years. Such a manual shall be requirements in the checklist. made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of WCPM Chapter 2 - Organization and ☒ ☐ ☐ communications. Administration (2) Inspections and operations reviews by the facility WCPM 900.8 Holding Cells administrator/manager. A thorough inspection of a cell 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. (3) Policy on the use of force. ☒ ☐ ☐ WCPM 300.3 Use of Force (4) Policy on the use of restraint equipment, including the WCPM 302.3 Use of Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ WCPM 900.6 Use of Restraint Devices Section 3407. WCPM 900.6.1 Pregnant Adults (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 Annual evaluate, and make a record of security measures. The review review and evaluation of security measures and evaluation shall include internal and external security including internal and external security ☒ ☐ ☐ measures of the facility including security measures specific measures, sanitation, safety and maintenance. to prevention of sexual abuse and sexual harassment. BSCC Staff requested to see the review which was completed July 2021. (7) Emergency procedures include: WCPM 221 Fire/Emergency Procedures – City (A) fire suppression preplan as required by section ☒ ☐ ☐ Hall and Police Department – Jail Evacuation 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ WCPM 407.4.2 Hostage Situation (C) mass arrests; ☒ ☐ ☐ 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. 0600 Contra Costa Walnut Creek THJ PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; ☒ ☐ ☐ WCPM 201 Disaster Plan (E) periodic testing of emergency equipment; and ☒ ☐ ☐ WCPM 900.11 Assigned Administrator (F) storage, issue, and use of weapons, ammunition, WCPM 900.5.8 Firearms and Other Security chemical agents, and related security devices. Measures ☒ ☐ ☐ Firearms shall not be permitted. Gun lockers and armory is located outside the temporary holding facility. (8) Suicide Prevention. ☒ ☐ ☐ WCPM 900.4.1 Screening and Placement (9) Segregation of Inmates. ☒ ☐ ☐ WCPM 900.4.1 Screening and Placement (10) Zero tolerance in the prevention of sexual 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 Zero tolerance for retaliation and is committed any abuse. to taking reasonable steps to protect from ☒ ☐ ☐ retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. (e) The manual for Temporary Holding, Court Holding, No Tolerance signs are posted in the facility Type I, II, III, and IV facilities shall provide for, but not be and tells arrestees how to report sexual assault limited to, the following: and/or harassment. (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, No Tolerance signs are posted in the facility community members, and other interested third parties lobby and informs third parties how to report to report sexual abuse or sexual harassment. The ☒ ☐ ☐ sexual assault and/or harassment. method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM WCPM 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 WCPM 900.4.1 Screening and Placement ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon WCPM 900.4.1 Screening and Placement intake and prior to housing assignment. The officer should specifically ask if the ☒ ☐ ☐ Individual Is contemplating suicide and evaluate him/her for obvious signs or indications of suicidal Intent. (c) Provisions facilitating communication among WCPM 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. WCPM 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. 0600 Contra Costa Walnut Creek THJ PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (f) Suicide attempt and suicide intervention policies and WCPM 437 Crisis Intervention Incidents ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. WCPM 900.9 Suicide Attempt, Death, or ☒ ☐ ☐ Serious Injury (h) Multi-disciplinary administrative review of suicides and WCPM 900.9 Suicide Attempt, Death, or attempted suicides as defined by the facility ☒ ☐ ☐ Serious Injury administrator. (h) In-custody death reviews (15 CCR 1046) 1032 FIRE SUPPRESSION PREPLANNING WCPM 221 Fire/Emergency Procedures – City Hall and Police Department – Jail Evacuation Pursuant to Penal Code Section 6031.1(b), the facility Evacuation of the jail will be the responsibility administrator shall consult with the local fire department ☒ ☐ ☐ of the watch commander or, in his/her absence, having jurisdiction over the facility, with the State Fire any other officer on duty. 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 Using the sally port exit of the jail evacuate all department to be included as part of the policy and procedures prisoners from the facility and secure them in a ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section patrol vehicle. 1029); (b) regular fire prevention inspections by facility staff on a On-duty Watch Commander inspects the monthly basis with two-year retention of the inspection ☒ ☐ ☐ facility daily. And Monthly inspections are also record; completed. (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 on February 19, 2020 inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ Evacuation routes are posted (e) a plan for the emergency housing of inmates in the case of If the jail becomes inoperative, prisoners should ☒ ☐ ☐ fire. be transported to the County Jail. 1044 INCIDENT REPORTS WCPM 900.5.9 Reporting Physical Harm or Serious Threat of Harm Each facility administrator shall develop written policies and Any incident that results in physical harm or procedures for the maintenance of written records and serious threat of physical harm to a member, reporting of all incidents which result in physical harm, or ☒ ☐ ☐ person in custody or any other person. serious threat of physical harm, to an employee or inmate of BSCC Staff requested to see all reports for a detention facility or other person. incidents in the temporary holding facility during the last year. There were no reported incidents Such records shall include the names of the persons WCPM 326 Report Preparation 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 WCPM 326.3 General Policy of Expeditious to investigate the incident and submitted to the facility ☒ ☐ ☐ Reporting manager or his/her designee. 1046 DEATH IN CUSTODY WCPM 900.9 Suicide Attempt, Death, or Serious Injury (a) Death in Custody Reviews for Adults and Minors. (h) In-custody death reviews (15 CCR 1046) The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. 0600 Contra Costa Walnut Creek THJ PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 WCPM 312.7.1 Emergency Medical Care of In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Juveniles in Custody lockup, or court holding facility: (1) The administrator of the facility shall provide to the WCPM 312.12 Suicide Attempt, Death, or Board a copy of the report submitted to the Attorney Serious 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 WCPM 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 to determine the need for placing III facility shall develop and implement a written the individual in a single cell: classification plan designed to properly assign inmates to 1. Consider whether the individual may be at a housing units and activities according to the categories of sex, high risk of being sexually abused based on all 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 3. Ensure individuals are separated according to and other criteria which will provide for the safety of the severity of the crime. ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be 4. Ensure males and females are separated by accomplished to the extent possible within the limits of the sight and sound when in cells. available number of distinct housing units or cells in a facility. 5. Ensure restrained individuals are not placed in cells with unrestrained individuals The written classification plan shall be based on objective (d) Ensure separation, as appropriate, based on criteria and include receiving screening performed at the time other factors, such as age, criminal of intake by trained personnel, and a record of each inmate's sophistication, assaultive/non-assaultive classification level, housing restrictions, and housing behavior, mental state, disabilities and sexual assignments. orientation. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area 2. Provide any individual identified as being at for male or female inmates, and in making other housing and a high risk for sexual or other victimization programming assignments, the agency shall consider on a with heightened protection. This may include: case-by-case basis whether a placement would ensure the (a) Continuous, direct sight and sound inmate's health and safety, and whether the placement would supervision. present management or security problems. An inmate's own ☒ ☐ ☐ (b) Single-cell placement in a cell that is views with respect to his or her own safety shall be given actively monitored on video by a member who serious consideration. is available to immediately intervene. BSCC Staff reviewed the intake questions and found there were questions regarding arrestee’s own view of safety. 0600 Contra Costa Walnut Creek THJ PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1051 COMMUNICABLE DISEASES WCPM 900.4 Initiating Temporary Custody The officer responsible for an individual in temporary custody should evaluate the person The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ for any apparent chronic illness, disability, vermin infestation, possible communicable procedures specifying those symptoms that require disease or any other potential risk to the health segregation of an inmate until a medical evaluation is or safety of the individual or others. completed. At the time of intake into the facility, an inquiry shall be WCPM 1011.3 Aerosol Transmittable Disease made of the person being booked as to whether or not he/she Plan has or has had any communicable diseases, such as BSCC Staff reviewed intake questions. In tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ addition to tuberculosis, the county COVID-19 any other communicable diseases, or other special medical questions are being asked. problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES WCPM 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. ☒ ☐ ☐ WCPM 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 WCPM 900.4.1 Screening and Placement ☒ ☐ ☐ of the inmate or others. 1053 ADMINISTRATIVE SEGREGATION WCPM 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 WCPM 900.4.1 Screening and Placement the administrative segregation of inmates who are (d) Ensure separation, as appropriate, based on determined to be prone to: promote activity or behavior that other factors, such as age, criminal is criminal in nature or disruptive to facility operations; sophistication, assaultive/non-assaultive demonstrate influence over other inmates, including behavior, mental state, disabilities and sexual influence to promote or direct action or behavior that is ☒ ☐ ☐ orientation. criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 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. 0600 Contra Costa Walnut Creek THJ PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL The 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. 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 The 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 The facility does not contain a safety cell as provided with a suitably designed “safety garment,” to described in Title 24, Part 2, Section 1231.2.5. 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 The 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. ☐ ☐ ☒ 0600 Contra Costa Walnut Creek THJ PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of inmates held in the The 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. 1057 DEVELOPMENTALLY DISABLED WCPM 900.3.1 Individuals Who Should Not INMATES Be 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 WCPM 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. 1058 USE OF RESTRAINT DEVICES WCPM 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 In practice, anyone requiring restraint are not regulation, at a minimum, the policy shall address the held in this facility. If any restraints other than following areas: ☐ ☐ ☒ handcuffs are needed, the individual is acceptable restraint devices; immediately transported to a medical facility or county jail. 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. 0600 Contra Costa Walnut Creek THJ 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 WCPM 900.6.1 Pregnant Adults WCPM 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 WCPM 302 Handcuffing and Restraints 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 WCPM 302.8 Training 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 WCPM 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 851.5 of the Penal Code. to an attorney, bail bondsman, and a relative or other person. 1068 ACCESS TO COURTS AND COUNSEL WCPM 900.5.6 Telephone Calls WCPM 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. WCPM 900.5.3 Temporary Custody ☒ ☐ ☐ Requirements 0600 Contra Costa Walnut Creek THJ PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY PENALTIES WCPM 900.5.2 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. 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 WCPM 900.5.2 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 WCPM 900.5.2 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. 0600 Contra Costa Walnut Creek THJ 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 WCPM 900.5.2 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 WCPM 900.5.2 Discipline charges by the disciplinary officer, the charges and the Discipline will not be administered to any ☐ ☐ ☒ action taken shall be reviewed by the facility manager individual in custody at this facility. 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 WCPM 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. 0600 Contra Costa Walnut Creek THJ 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 WCPM 900.5.2 Discipline ACTIONS Discipline will not be administered to any individual in custody at this facility. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the WCPM 900.5.2 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. 0600 Contra Costa Walnut Creek THJ 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 WCPM 900.5.2 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 WCPM 900.11 Assigned Administrator MAINTENANCE The Patrol Bureau Commander will ensure any reasonably necessary supplemental procedures The facility administrator shall develop written policies and are in place to address the following issues: procedures for the maintenance of an acceptable level of ☒ ☐ ☐ (c) Sanitation and maintenance cleanliness, repair and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping BSCC Staff walked the entire facility and found tasks and inspections to identify and correct unsanitary or it clean and well maintained. 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? The Police Facility contains rooms for secure detention of minors outside the adult temporary holding facility. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in In August 2020, the temporary holding adult facility cells secure detention in the jail. Title 15, Article 9 establishes were used to securely hold two minors. 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. 0600 Contra Costa Walnut Creek THJ 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 WCPM 312.7.1 Emergency Medical Care of MINOR IN AN ADULT DETENTION Juveniles in Custody FACILITY The Watch Commander shall be notified of the need for medical attention for the juvenile. In the event of a serious Illness, suicide attempt, The facility administrator shall develop policy and procedures ☒ ☐ ☐ injury or death of a juvenile, the following for notification of the court of jurisdiction and the parent, persons shall be notified as soon as possible: guardian, or person standing in loco parentis, in the event of a (a) The Juvenile Court suicide attempt, serious illness, injury or death of a minor in (b) The parent, guardian, or person standing In custody. loco parentis, of the juvenile. 1142 WRITTEN POLICIES AND PROCEDURES WCPM 312 Temporary Custody of Juveniles Walnut Creek Police Department is committed The facility administrator shall develop written policies and ☒ ☐ ☐ to releasing juveniles from temporary custody procedures concerning minors being held in temporary as soon as reasonably practicable and keeping custody which shall address: juveniles safe while they are in temporary custody. (a) suicide risk and prevention; WCPM 312.3 Juveniles Who Should Not Be Held ☒ ☐ ☐ WCPM 312.3.2 Suicide Prevention of Juveniles in Custody (b) use of restraints; ☒ ☐ ☐ WCPM 312.9 Use of Restraint Devices (c) emergency medical assistance and services; and WCPM 312.7.1 Emergency Medical Care of ☒ ☐ ☐ Juveniles in Custody (d) prohibiting use of discipline. WCPM 312.8 (o) No discipline may be ☒ ☐ ☐ administered to any juvenile 1143 CARE OF MINORS IN TEMPORARY WCPM 312.8 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; (e) Juveniles shall have reasonable access to ☒ ☐ ☐ toilets and wash basins. (2) one snack upon request during term of temporary (f) Food shall be provided if a juvenile has not custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ eaten within the past four hours or as otherwise hours or is otherwise in need of nourishment; in need of nourishment. (3) access to drinking water; and (g) Juveniles shall have reasonable access to a ☒ ☐ ☐ drinking fountain or water. (4) privacy during consultation with family, guardian, (i) Juveniles shall have privacy during family, ☒ ☐ ☐ and/or lawyer. guardian, and/or lawyer visits. (5) blankets and clothing, as necessary, to assure the (k) Blankets shall be provided as reasonably ☒ ☐ ☐ comfort of the minor; and, necessary. (6) his or her personal clothing unless the clothing is (j) Juveniles shall be permitted to remain in inadequate, presents a health or safety problem, or is 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 WCPM 312.7 No-Contact Requirements ADULT PRISONERS Sight and sound separation shall be maintained between all juveniles end adults while in ☒ ☐ ☐ custody at the Department. The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. 0600 Contra Costa Walnut Creek THJ 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, WCPM 312.7 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 Walnut Creek by-side presence with the minor or the adult to prevent Police Department shall maintain a constant, sustained contact. ☒ ☐ ☐ immediate, side-by-side presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be taken to end the contact. 1145 DECISION ON SECURE CUSTODY WCPM 312.11 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. Secure in secure custody in a law enforcement facility that contains a 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 WCPM 312.11 Secure Custody serious security risk of harm to self or others, the officer may Factors to be considered when determining if the take into account the following factors: ☒ ☐ ☐ juvenile offender presents a serious security risk (a) age, maturity, and delinquent history of the minor; to him/herself or others. (a) Age, maturity, and delinquent history (b) severity of the offense(s) for which the minor was (b) Severity of offense for which the juvenile was ☒ ☐ ☐ taken into custody; taken into custody (c) minor's behavior, including the degree to which the (c) The juvenile offender’s behavior ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate (d) Availability of staff to provide adequate ☒ ☐ ☐ supervision or protection of the minor; and supervision or protection of the juvenile offender (e) the age, type, and number of other individuals who (e) Age, type, and number of other individuals in ☒ ☐ ☐ are detained in the facility. custody at the facility 1146 CONDITIONS OF SECURE CUSTODY WCPM 312.1.1 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 WCPM 312.11.1 Locked Enclosures CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: 0600 Contra Costa Walnut Creek THJ 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 (b) Juveniles shall have constant auditory access ☒ ☐ ☐ to department members (2) safety checks, as defined in Section 1006, of the (d) Unscheduled safety checks to provide for minor by staff of the law enforcement facility, at the health and welfare of the juvenile by a staff least once every 30 minutes, which shall be member, no less than once every 15 minutes. documented. 1. All safety checks shall be logged. ☒ ☐ ☐ BSCC Staff reviewed juvenile detention logs from 2020. There were two incidents of secure detention in the Holding Facility. Secure detention logs were not completed, but checks were continual during the detention. (b) Males and females shall not be placed in the same (e) Males and females shall not be placed in the locked room unless under constant direct visual ☒ ☐ ☐ same locked room. observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE WCPM 312.11 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 WCPM 312.11 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 WCPM 312.11 Secure Custody minutes, and every 30 minutes thereafter, shall be Supervisor approval in required to secure a ☒ ☐ ☐ approved by a supervisor. juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter. The decision for securing a minor to a stationary object for WCPM 312.11 Secure Custody longer than 60 minutes, and every 30 minutes thereafter shall Supervisor approval should be documented. The be based upon the best interests of the minor and shall be decision for securing a minor to a stationary ☒ ☐ ☐ documented. object for longer than 60 minutes and every 30 minutes thereafter shall be based upon the best interests of the juvenile offender. 1149 CRITERIA FOR NON-SECURE WCPM 312.4 Custody of Juveniles CUSTODY Any juvenile taken into custody shall be released to the care of the juvenile’s parent or Minors held in temporary custody, who do not meet the other responsible adult or transferred to a criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ juvenile custody facility or to other authority as of the Welfare and Institutions Code, may be held in non- soon as practicable and in no event shall a secure custody to investigate the case, facilitate release of juvenile be held beyond six hours from the time the minor to a parent or guardian, or arrange for transfer of of his/her entry into the Walnut Creek Police the minor to an appropriate juvenile facility. Department. 0600 Contra Costa Walnut Creek THJ 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 1150 SUPERVISION OF MINORS IN NON- WCPM 312.1.1 Definitions SECURE CUSTODY Non-secure custody - Personal supervision, through direct visual monitoring and audio two- Minors held in non-secure custody shall receive constant way communication is maintained. Monitoring direct visual observation by staff of the law enforcement ☒ ☐ ☐ through electronic devices, such as video, does facility. Entry and release times shall be documented and not replace direct visual observation. made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF WCPM 312.3 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 WCPM 312.11.1 Locked Enclosures who display outward signs of being under the influence of (d) Unscheduled safety checks to provide for drugs, alcohol or any other intoxicating substance shall the health and welfare of the juvenile by a staff include safety checks at least once every 15 minutes until ☒ ☐ ☐ member, no less than once every 15 minutes. resolution of the intoxicated state or release. These safety 1. All safety checks shall be logged. 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. 0600 Contra Costa Walnut Creek THJ 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 ☒ ☐ ☐ Number of violations:0 enforcement facility for longer than six hours. 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 ☐ ☒ ☐ Number of violations:2 length of time the secure detention is expected to last, 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: 2 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. 0600 Contra Costa Walnut Creek THJ PRO 20-22 - 19 - A351 TH PRO eff. 1/2019 (20-22).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: Dale Miller DATE: July 15, 2021 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 X located outside the cell Padded floor, door and walls X 0600 CC Walnut Creek PD THJ PHY - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS 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 0600 CC Walnut Creek PD THJ PHY - 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: FIELD REPRESENTATIVE: Dale Miller DATE: July 15, 2021 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. 0600 CC Walnut Creek PD THJ LAS - 1 - A360 LAS Adult.dot (03/01)