Fresno County, Clovis Police Department (2020-2022 inspection cycle)

February 23, 2021 Curt Fleming, Chief of Police City of Clovis Police Department 1033 Fifth Street Clovis, CA 93612 Chief Fleming: 2020-2022 BIENNIAL INSPECTION OF THE CLOVIS POLICE DEPARTMENT TEMPORARY HOLDING FACILITY, PENAL CODE 6031 On February 22, 2021, Board of State and Community Corrections (BSCC) staff conducted the 2020-2022 biennial inspection of the Clovis Police Department Temporary Holding Facility. 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 California Code of Regulations (CCR). In addition, the BSCC conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) and 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; a Living Area Space Evaluation; and an Initial Inspection Report identifying the area of non-compliance. Refer to the Title 15 Checklist for compliance status and evidence used to determine compliance. Local Inspections In addition to a biennial inspection by the BSCC, inspections are 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). 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 facility. All required inspections have been performed during this BSCC inspection cycle. 5100 Fresno Clovis PD THJ LTR 20-22 Chief Fleming 02/23/21 Page 2 CLOVIS POLICE DEPARTMENT TEMPORARY HOLDING FACILITY LOCAL INSPECTIONS Fire and Life Safety 03/21/19 Medical and Mental Health 11/02/20 Environmental Health 10/30/20 BSCC Inspection The inspection consisted of a review of the Clovis Police Department Jail Manual, a site visit to review operations, physical plant and relevant documentation, and interviews with the administrative and facility staff. There were no inmates in the facility at the time of inspection. The facility was very clean at the time of inspection. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations in Title 15, CCR.1 We found the following issues of non-compliance during this inspection: 1027.5 Safety Checks – unable to determine if safety checks were conducted properly. Please refer to the Procedures Checklist for more information. Corrective action was taken immediately; BSCC staff will recheck safety check records later in this inspection cycle to determine if appropriate changes were made to remedy this issue. Title 24, CCR Physical Plant There were no changes made to the physical plant since the last BSCC biennial inspection. We found no areas of noncompliance in the Clovis Police Department Temporary Holding Facility. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. Minors are not held in secure detention. A review of documentation identified no instances of violations. This concludes the 2020-2022 biennial inspection cycle report of the Clovis Police Department Temporary Holding Facility. We would like to express our gratitude to Sergeant Kory Westbury for assistance with the inspection process. We look forward to working with you in the future to provide technical assistance. If you should have any 1 BSCC does not review all your policies and procedures. We do not “approve” your 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. 5100 Fresno Clovis THJ LTR 20-22 Chief Fleming 02/23/21 Page 3 questions, please contact Tim McWilliams at (916) 324.1914 or by email at tim.mcwilliams@bscc.ca.gov. Sincerely, TIM MCWILLIAMS Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Clovis* City Manager, City of Clovis* Presiding Judge, Superior Court, County of Fresno* Grand Jury Foreperson, Superior Court, County of Fresno* Kory Westbury (electronic copy) * Complete copies of this inspection are available at www.bscc.ca.gov 5100 Fresno Clovis THJ LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0738 FACILITY NAME: Fresno County, Clovis Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sergeant Kory Westbury FIELD REPRESENTATIVE: Tim McWilliams DATE: February 22, 2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY CPDPM 900.12 Training HOLDING FACILITY TRAINING Clovis PD self-certifies and holds training Custodial personnel who supervise inmates in, and classes several times throughout the year. A supervisors of, a Court Holding or Temporary Holding review of the training records indicates that the facility shall complete 8 hours of specialized training. Such four Community Service Officers assigned to the training shall include, but not be limited to: Temporary Holding Facility have had the proper (a) applicable minimum jail standards; training. (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in CPDPM 900.12 Training any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. A review of the training records indicates that Successful completion of Core training or supplemental ☒ ☐ ☐ everyone is current. 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 CPDPM 900.12 Training every two years. Successful completion of the requirements in Section 1025, Continuing Professional Training may be Clovis PD has conducted professional training substituted for the eight hour refresher. ☒ ☐ ☐ on a regular basis annually and is currently up to date. 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. 0738 Fresno Clovis PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL CPDPM 900.3.3 Staffing Plan A sufficient number of personnel shall be employed in each The jail is staffed daily; Monday – Thursday local detention facility to ensure the implementation and 1000-0500 hours and Friday – Sunday 0900- ☒ ☐ ☐ operation of the programs and activities required by these 0500 hours. During times of no jail staff, the regulations. arresting officers are responsible for the care and safety of inmates. Whenever there is an inmate in custody, there shall be at CPDPM 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 ☒ ☐ ☐ CPDPM 900.3.3 Staffing Plan facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which CPDPM 900.3.2 Supervision in Temporary would conflict with the supervision and care of inmates in ☒ ☐ ☐ Custody the event of an emergency. Whenever one or more female inmates are in custody, there CPDPM 900.3.2 Supervision in Temporary shall be at least one female employee who shall be Custody immediately available and accessible to such females. Note: Reference PC§ 4021. CPDPM 900.3.4 Temporary Detention of Females ☒ ☐ ☐ In cases where a female does enter the jail, either a female officer, female Community Service Officer or female staff member is utilized. To determine if there is a sufficient number of personnel for CPDPM 900.3.3 Staffing Plan a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the When jail staff are present, the facility has facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ adequate staffing to safely operate the facility. reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS CPDPM 900.8 Holding Cells Safety checks shall be conducted at least hourly through Upon review of safety check documentation, it direct visual observation of all inmates. There shall be no was difficult to determine if safety checks are more than a 60-minute lapse between safety checks. performed within 60-minutes. Once CPD was advised of this issue, they began the process of ☐ ☒ ☐ changing their booking log to allow for easy identification of safety checks. However, since the change was made recently it is too early to determine compliance. Verification of compliance will be made further into the 2020- 2022 inspection cycle. There is a written plan that includes the documentation of CPDPM 900.5.1 Temporary Custody Logs routine safety checks. CPDPM 900.5.2 Temporary Custody ☒ ☐ ☐ Requirements CPDPM 900.8 Holding Cells 1028 FIRE AND LIFE SAFETY STAFF CPDPM 900.3.3 Staffing Plan Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) 0738 Fresno Clovis PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager shall ensure that there is at least one CPDPM 900.3.3 Staffing Plan person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Clovis Police Department Policy Manual (CPDPM) Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and Policy review/update occurred 12/18/20. The procedures manual shall address all applicable Title 15 and policy manual is available to all employees and Title 24 regulations and shall be comprehensively reviewed is also available publicly on the departmental and updated at least every two years. Such a manual shall be web page. 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 CPDPM 900.2.1 Current Staffing Plan ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility CPDPM 900.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. CDPM 900.14 Fire Safety (3) Policy on the use of force. ☒ ☐ ☐ CPDPM 300 Use of Force (4) Policy on the use of restraint equipment, including the CPDPM 306.3.2 Restraint of Pregnant Persons restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ CPDPM 900.6 Use of Restraint Devices Section 3407. CPDPM 900.6.1 Pregnant Adults (5) Procedure and criteria for screening newly received CPDPM 364.4 Officer Responsibilities inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ CPDPM 421 Cite and Release Policy 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, ☒ ☐ ☐ CPDPM 900.5.1 Temporary Custody Logs (B) searches of the facility and inmates, ☒ ☐ ☐ CPDPM 902 Custodial Searches (C) contraband control, and, ☒ ☐ ☐ CPDPM 902 Custodial Searches (D) key control. CPDPM 900.11 Assigned Administrator ☒ ☐ ☐ CPDPM 900.14 Fire Safety Each facility administrator shall, at least annually, review, CPDPM 900.11 Assigned Administrator evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ Date of Security Inspection: This is performed measures of the facility including security measures specific on a monthly basis. The last inspection was to prevention of sexual abuse and sexual harassment. completed in December 2020. (7) Emergency procedures include: CPDPM 900.11 Assigned Administrator (A) fire suppression preplan as required by section ☒ ☐ ☐ Supplemental procedures identified in this 1032 of these regulations; policy are available for facility staff. (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ CPDPM 900.11 Assigned Administrator (C) mass arrests; CPDPM 900.11 Assigned Administrator Mass arrest events would be coordinated with ☒ ☐ ☐ the assistance of the Fresno County Sheriff’s Office. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 0738 Fresno Clovis PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; CPDPM 900.11 Assigned Administrator ☒ ☐ ☐ (E) periodic testing of emergency equipment; and, CPDPM 900.11 Assigned Administrator ☒ ☐ ☐ (F) storage, issue, and use of weapons, ammunition, CPDPM 900.5.7 Firearms and Other Security ☒ ☐ ☐ chemical agents, and related security devices. Measures (8) Suicide Prevention. CPDPM 324.3.2 Suicide Prevention of Juveniles in Custody CPDPM 900.3.1 Individuals Who Should Not be in Temporary Custody ☒ ☐ ☐ CPDPM 900.4 Initiating Temporary Custody CPDPM 900.12 Training Inmates known to present suicide risk are transported to the Fresno County Jail. (9) Segregation of Inmates. CPDPM 900.4.2 Screening and Placement ☒ ☐ ☐ CPDPM 900.12 Training (10) Zero tolerance in the prevention of sexual abuse and CPDPM 904 Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond CPDPM 904 Prison Rape Elimination to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, CPDPM 904 Prison Rape Elimination Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: A PREA advisement is posted in the holding (1) multiple internal ways for inmates to privately report area. 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, CPDPM 904 Prison Rape Elimination community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☒ ☐ ☐ A PREA notice was placed in the lobby directly method for reporting shall be publicly posted at the next to the receptionist. facility. 1030 SUICIDE PREVENTION PROGRAM CPDPM 324.3.2 Suicide Prevention of Juveniles in Custody The facility shall have a comprehensive written suicide CPDPM 900.3.1 Individuals Who Should Not be prevention program developed by the facility administrator, in Temporary Custody in conjunction with the health authority and mental health CPDPM 900.4 Initiating Temporary Custody director, to identify, monitor, and provide treatment to those CPDPM 900.4.2 Screening and Placement inmates who present a suicide risk. The program shall CPDPM 900.12 Training include the following: ☒ ☐ ☐ Staff are trained in detecting suicidal ideations. Additionally, an intake screening form is used that asks questions of the arrestee and includes an area for officers’ observations. Those arrestees that indicate they are suicidal, or the arresting officers believes are suicidal are transferred to the Fresno County Jail. (a) Suicide prevention training for all staff that have direct CPDPM 900.12 Training ☒ ☐ ☐ contact with inmates. 0738 Fresno Clovis PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Intake screening for suicide risk immediately upon CPDPM 900.4.2 Screening and Placement intake and prior to housing assignment. Clovis Police Department utilizes an Inmate ☒ ☐ ☐ Classification and Screening form. This form contains medical questions, mental health questions, Classification questions along with the officer’s visual observations. (c) Provisions facilitating communication among CPDPM 900.4 Initiating Temporary Custody arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ CPDPM 900.10 Release and/or Transfer mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ CPDPM 900.4.2 Screening and Placement (e) Supervision depending on level of suicide risk. CPDPM 900.3.1 Individuals Who Should Not ☒ ☐ ☐ be in Temporary Custody CPDPM 900.4.2 Screening and Placement (f) Suicide attempt and suicide intervention policies and CPDPM 900.9 Suicide Attempt, Death, or ☒ ☐ ☐ procedures. Serious Injury (g) Provisions for reporting suicides and suicides attempts. CPDPM 900.9 Suicide Attempt, Death, or ☒ ☐ ☐ Serious Injury (h) Multi-disciplinary administrative review of suicides and CPDPM 900.9 Suicide Attempt, Death, or attempted suicides as defined by the facility Serious Injury administrator. All suicides, suicide attempts and serious ☒ ☐ ☐ injuries are investigated by the Fresno County Sheriff’s Office and comprised of a multi- disciplinary team to determine how the suicide, suicide attempt or serious injury occurred and how to lessen the likelihood it occurs again. 1032 FIRE SUPPRESSION PREPLANNING CPDPM 900.11 Assigned Administrator CPDPM 900.14 Fire Safety 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 be limited to: (a) a fire suppression pre-plan developed with the local fire CPDPM 900.11 Assigned Administrator department to be included as part of the policy and procedures CPDPM 900.14 Fire Safety manual (Title 15, California Code of Regulations Section ☒ ☐ ☐ 1029); (b) regular fire prevention inspections by facility staff on a CPDPM 900.11 Assigned Administrator monthly basis with two-year retention of the inspection record; This was performed every six (6) months, however it was changed to be performed monthly. Checks have been completed monthly ☒ ☐ ☐ from November 2020 through February 2021. Due to verified continual completed checks since notification was made, compliance is achieved; however, a follow up will be conducted later in the 2020-2022 inspection cycle for continued compliance. (c) fire prevention inspections as required by Health and CPDPM 900.11 Assigned Administrator Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; Date of last fire inspection: 03/21/19 0738 Fresno Clovis PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) an evacuation plan; and, CPDPM 900.11 Assigned Administrator ☒ ☐ ☐ An evacuation map is located on the wall of the temporary holding facility. (e) a plan for the emergency housing of inmates in the case of In cases of emergency, inmate will either be fire. ☒ ☐ ☐ transferred to the Fresno County Jail or released from custody. 1044 INCIDENT REPORTS CPDPM 344 Report Preparation CPDPM 900.5.8 Reporting Physical Harm or Each facility administrator shall develop written policies and Serious Threat of Physical Harm procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or At the time of inspection, there were no reports serious threat of physical harm, to an employee or inmate of of incidents occurring within the holding a detention facility or other person. facility. Such records shall include the names of the persons CPDPM 344 Report Preparation involved, a description of the incident, the actions taken, and the date and time of the occurrence. ☒ ☐ ☐ The agency’s report procedure requires this information for incidents in the field as well as the temporary holding facility. Such a written record shall be prepared by the staff assigned CPDPM 344 Report Preparation to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY CPDPM 324.12 Suicide Attempt, Death, or Serious Injury of a Juvenile (a) Death in Custody Reviews for Adults and Minors. CPDPM 900.9 Suicide Attempt, Death, or Serious Injury 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 ☒ ☐ ☐ All deaths in custody are investigated by the death within 30 days. The review team shall include the Fresno County Sheriff’s Office and comprised facility administrator and/or the facility manager, the health of a multi-disciplinary team to determine how administrator, the responsible physician and other health the death occurred, if appropriate clinical care care and supervision staff who are relevant to the incident. was provided and recommend any needed changes. Deaths shall be reviewed to determine the appropriateness of CPDPM 900.9 Suicide Attempt, Death, or clinical care; whether changes to policies, procedures, or Serious Injury ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor CPDPM 324.12 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: (1) The administrator of the facility shall provide to the CPDPM 324.12 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 ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the CPDPM 324.12 Suicide Attempt, Death, or administrator, the Board may within 30 calendar days Serious Injury of a Juvenile 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. 0738 Fresno Clovis PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN CPDPM 900.4.2 Screening and Placement (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written At the time of booking an Inmate Classification classification plan designed to properly assign inmates to and Screening form is completed to determine housing units and activities according to the categories of sex, proper placement in the holding facility and age, criminal sophistication, seriousness of crime charged, medical issues are identified. If the arresting physical or mental health needs, assaultive/non-assaultive officer determines that placement into the behavior, risk of being sexually abused, or sexually harassed Clovis Police Department Temporary Holding and other criteria which will provide for the safety of the Facility is not prudent, the inmate is transported ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be to the Fresno County Jail. accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. Clovis Police Department Inmate Classification and Screening Form The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area CPDPM 900.4.2 Screening and Placement 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 CPDPM 900.3.1 Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the CPDPM 900.4 Initiating Temporary Custody responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be CPDPM 900.3.1 Individuals Who Should Not made of the person being booked as to whether or not he/she Be in Temporary Custody has or has had any communicable diseases, such as CPDPM 900.4 Initiating Temporary Custody tuberculosis or has observable symptoms of tuberculosis or CPDPM 900.4.2 Screening and Placement any other communicable diseases, or other special medical problem identified by the health authority. The response At the time of booking into the facility, an shall be noted on the booking form and/or screening device. ☒ ☐ ☐ Inmate Classification and Screening form is completed where a series of medical questions are asked of the inmate. At intake inmates who needs or requests medical, mental health or developmental disability treatment will receive appropriate assistance from paramedics or transported to the appropriate facility. 1052 MENTALLY DISORDERED INMATES CPDPM 900.3.1 Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the CPDPM 900.4 Initiating Temporary Custody ☒ ☐ ☐ responsible physician, shall develop written policies and CPDPM 900.4.2 Screening and Placement procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. 0738 Fresno Clovis PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If an evaluation from medical or mental health staff is not CPDPM 900.3.1 Individuals Who Should Not readily available, an inmate shall be considered mentally Be in Temporary Custody disordered for the purpose of this section if he or she appears CPDPM 900.4 Initiating Temporary Custody to be a danger to himself/herself or others or if he/she CPDPM 900.4.2 Screening and Placement appears gravely disabled. ☒ ☐ ☐ In practice, arrestees with known or observable An evaluation from medical or mental health staff shall be mental disorders are not accepted at this facility secured within 24 hours of identification or at the next daily and transported to Fresno County Jail or a sick call, whichever is earliest. Mental Health Facility. Segregation may be used if necessary to protect the safety of CPDPM 900.3.1 Individuals Who Should Not the inmate or others. Be in Temporary Custody ☒ ☐ ☐ CPDPM 900.4 Initiating Temporary Custody CPDPM 900.4.2 Screening and Placement 1053 ADMINISTRATIVE SEGREGATION CPDPM 900.4 Initiating Temporary Custody CPDPM 900.4.2 Screening and Placement Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for At the time of booking an Inmate Classification the administrative segregation of inmates who are and Screening form is completed to determine determined to be prone to: promote activity or behavior that proper placement in the holding facility and is criminal in nature or disruptive to facility operations; medical issues are identified. Inmates identified demonstrate influence over other inmates, including as needing Administrative Segregation are influence to promote or direct action or behavior that is ☒ ☐ ☐ normally transported to the Fresno County Jail criminal in nature or disruptive to the safety and security of as soon as practical. 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 CPDPM 900.4 Initiating Temporary Custody secure housing but shall not involve any other deprivation of CPDPM 900.4.2 Screening and Placement ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL There is no safety cell at this facility. Arrestees requiring the need for safety cell The safety cell described in Title 24, Part 2, Section placement are transported directly to the Fresno ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who County Jail. 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 There is no safety cell at this facility. 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. 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. 0738 Fresno Clovis PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 CPDPM 900.8.1 Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section Though the agency maintains a sobering cell 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ and a policy covering the sobering cell, in threat to their own safety or the safety of others due to their practice, intoxicated inmates with medical state of intoxication and pursuant to written policies and issues are not accepted into the facility. procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they CPDPM 900.8.1 Use of Sobering Cell are able to continue in the processing. ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six CPDPM 900.8.1 Use of Sobering Cell 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 CPDPM 900.8.1 Use of Sobering Cell receive an evaluation by responsible health care staff. ☒ ☐ ☐ Intermittent direct visual observation of inmates held in the CPDPM 900.8.1 Use of Sobering Cell sobering cell shall be conducted no less than every half hour. Such observation shall be documented. Agency policy advises safety checks at least ☒ ☐ ☐ once every 15 minutes while in the sobering cell. At the time of this inspection, no intoxicated inmates had been received. 1057 DEVELOPMENTALLY DISABLED CPDPM 900.3.1 Individuals Who Should Not INMATES Be in Temporary Custody CPDPM 900.4.2 Screening and Placement The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and Inmates with Developmental Disabilities are procedures for the identification and evaluation, appropriate normally not held at this facility. Arrestees classification and housing, protection, and known to be developmentally disabled are nondiscrimination of all developmentally disabled inmates. transported to the Fresno County Jail. The health authority or designee shall contact the regional Inmates are not held at this facility longer than center on any inmate suspected or confirmed to be 12 hours; therefore, this practice is performed at developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ the Fresno County Jail. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 0738 Fresno Clovis PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES CPDPM 900.3.1 Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the CPDPM 900.6 Use of Restraint Devices responsible physician, shall develop written policies and procedures for the use of restraint devices and may delegate ☒ ☐ ☐ The restraint policy states that restraints other authority to place an inmate in restraints to a responsible than handcuffs or leg irons should not be used health care staff. unless the person presents a heightened risk and only in compliance with the Handcuffing and Restraints Policy. In addition to the areas specifically outlined in this CPDPM 306.6 Application of Auxiliary regulation, at a minimum, the policy shall address the Restraint Devices following areas: Transport belts, waist or belly chains, acceptable restraint devices; transportation chains, the WRAP and restraint chair are included in the policy, however they are rarely used. If the restraint chair is used, inmates may not be ☒ ☐ ☐ left in chair longer than 2 hours. The restraint chair is mainly used for blood draws. In extreme circumstances the restraint chair is used as a control device the inmate would be immediately transported by wrap or by ambulance to the hospital or jail and be under constant supervision. At the time of inspection, there had not been any use of the restraint chair for continued use in the Temporary Holding Facility. signs or symptoms which should result in immediate CPDPM 306.10 Training ☒ ☐ ☐ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; CPR equipment is available in the temporary ☒ ☐ ☐ holding facility protective housing of restrained persons; CPDPM 306.10 Training ☒ ☐ ☐ CPDPM 306.9 Restraint Chair provision for hydration and sanitation needs; and ☒ ☐ ☐ CPDPM 306.9 Restraint Chair exercising of extremities. CPDPM 306.9 Restraint Chair Clovis PD policy states that if a person is ☒ ☐ ☐ placed in the restraint chair, after the first hour their extremities are to be exercised. In no case shall restraints be used for punishment or as a CPDPM 306.9 Restraint Chair ☒ ☐ ☐ substitute for treatment. Restraint devices shall only be used on inmates who display CPDPM 306.9 Restraint Chair behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. In the rare case a person is placed in the Restraint devices include any devices which immobilize an restraint chair to prevent self-harm or harm to inmate's extremities and/or prevent the inmate from being others, they are usually transported immediately ☒ ☐ ☐ ambulatory. to the Fresno County Jail. 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 CPDPM 306.8 Required Documentation of the facility manager, the facility watch commander, ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. 0738 Fresno Clovis PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A medical opinion on placement and retention shall be In practice, the inmates are rarely held in secured within one hour from the time of placement. restraints in the temporary holding facility. Should an inmate be placed in restraints, they would be transported to Fresno County Jail within that time frame. However, it is ☒ ☐ ☐ recommended that medical opinion on retention be placed in the Handcuffing and Restraints policy. There have been no restraint chair placements during this inspection cycle. A medical assessment shall be completed within four hours CPDPM 306.9 Restraint Chair of placement. ☒ ☐ ☐ Inmates are not held in the restraint chair longer than two hours and the chair has not been used during at the time of this inspection. If the facility manager, or designee, in consultation with CPDPM 306.9 Restraint Chair responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☒ ☐ ☐ Inmates are not held in the restraint chair longer the inmate shall be taken to a medical facility for further than two hours. evaluation. Direct visual observation shall be conducted at least twice CPDPM 306.9 Restraint Chair 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 CPDPM 306.9 Restraint Chair 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 CPDPM 306 Handcuffing and Restraints handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES CPDPM 306.3.2 Restraint of Pregnant Persons The facility administrator, in cooperation with the This is a Temporary Holding Facility. Inmates responsible physician, shall develop written policies and ☒ ☐ ☐ known to be pregnant are not usually held here procedures for the use of restraint devices on pregnant but are taken to the Fresno County Jail. inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after CPDPM 306.3.2 Restraint of Pregnant Persons 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 CPDPM 306.3.2 Restraint of Pregnant Persons 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 CPDPM 306.3.2 Restraint of Pregnant Persons who is currently responsible for the medical care of a CPDPM 306.7.1 Guideline for Use of Leg pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ Restraints delivery, or recovery after delivery determines that the CPDPM 900.6.1 Pregnant Adults removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she This is a temporary holding facility. Inmates shall be advised, orally or in writing, of the standards ☐ ☐ ☒ are held for less than 12 hours. This practice and policies governing pregnant inmates. takes place at the County Jail. 0738 Fresno Clovis PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE CPDPM 900.5.5 Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL CPDPM 900.5.2 Temporary Custody Requirements The facility administrator shall develop written policies and ☒ ☐ ☐ CPDPM 900.5.5 Telephone Calls procedures to ensure inmates have access to the court and to CPDPM 900.5.9 Attorneys and Bail Bondsmen legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these This is a temporary holding facility. Mail ☐ ☐ ☒ regulations, and, delivery for inmates does not occur. (b) confidential consultation with attorneys. CPDPM 900.5.2 Temporary Custody Requirements ☒ ☐ ☐ CPDPM 900.5.5 Telephone Calls CPDPM 900.5.9 Attorneys and Bail Bondsmen 1080 RULES AND DISCIPLINARY PENALTIES CPDPM 900.5.10 Discipline Wherever discipline is administered, each facility Policy states that discipline is not administered administrator shall establish written rules and disciplinary ☒ ☐ ☐ at this facility. Inmates who repeatedly fail to penalties to guide inmate conduct. follow directions/rules will be transported to the appropriate jail, mental health facility or hospital as soon as practical. 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 Discipline is not administered 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. ☐ ☐ ☒ 0738 Fresno Clovis PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 with the following provisions and within specified ☐ ☐ ☒ 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. 6. The inmate shall be advised in a written statement by Discipline is not administered at this facility. the fact-finders 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. 0738 Fresno Clovis PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE Discipline is not administered at this facility. The degree of punitive actions taken by the disciplinary 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 Discipline is not administered at this facility. 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 minimum furnishings and space specified in Title 24, Part 2, 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. (c) The delegation of authority to any inmate or group of Discipline is not administered at this facility. 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. 0738 Fresno Clovis PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 is not administered 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 COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☒ ☐ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☒ ☐ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 0738 Fresno Clovis PRO 20-22 - 15 - A351 TH PRO eff. 1/2019 (18-20).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 CPDPM 324.12 Suicide Attempt, Death, or MINOR IN AN ADULT DETENTION Serious Injury of a Juvenile FACILITY ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES Clovis Police Department Policy Manual (CPDPM) The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; CPDPM 324.3 Juvenile Who Should Not Be Held ☒ ☐ ☐ CPDPM 324.3.2 Suicide Prevention of Juveniles in Custody (b) use of restraints; CPDPM 324.9 Use of Restraint Devices ☒ ☐ ☐ CPDPM 306 Handcuffing and Restraints (c) emergency medical assistance and services; and, CPDPM 324.3.1 Emergency Medical Care of ☒ ☐ ☐ Juveniles (d) prohibiting use of discipline. CPDPM 324.8 Temporary Custody ☒ ☐ ☐ Requirements CPDPM 324.17 Discipline of Juveniles 1143 CARE OF MINORS IN TEMPORARY CUSTODY ☐ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; CPDPM 324.8 Temporary Custody ☒ ☐ ☐ Requirements (2) one snack upon request during term of temporary CPDPM 324.8 Temporary Custody custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ Requirements hours or is otherwise in need of nourishment; (3) access to drinking water; and, CPDPM 324.8 Temporary Custody ☒ ☐ ☐ Requirements (4) privacy during consultation with family, guardian, CPDPM 324.8 Temporary Custody ☒ ☐ ☐ and/or lawyer. Requirements (5) blankets and clothing, as necessary, to assure the CPDPM 324.8 Temporary Custody ☒ ☐ ☐ comfort of the minor; and, Requirements (6) his or her personal clothing unless the clothing is CPDPM 324.8 Temporary Custody inadequate, presents a health or safety problem, or is ☒ ☐ ☐ Requirements required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND CPDPM 324.7 No-Contact Requirements ADULT PRISONERS ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. 0738 Fresno Clovis PRO 20-22 - 16 - A351 TH PRO eff. 1/2019 (18-20).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, CPDPM 324.7 No-Contact Requirements such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY CPDPM 324.11 Secure Custody A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as 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 CPDPM 324.11 Secure Custody serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was CPDPM 324.11 Secure Custody ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the CPDPM 324.11 Secure Custody ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate CPDPM 324.11 Secure Custody ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who CPDPM 324.11 Secure Custody ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY CPDPM 324.11 Secure Custody CPDPM 324.11.1 Locked Enclosures While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE CUSTODY INSIDE A LOCKED ENCLOSURE ☐ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; CPDPM 324.11.1 Locked Enclosures ☒ ☐ ☐ and, 0738 Fresno Clovis PRO 20-22 - 17 - A351 TH PRO eff. 1/2019 (18-20).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 (2) safety checks, as defined in Section 1006, of the CPDPM 324.11.1 Locked Enclosures minor by staff of the law enforcement facility, at (d) Unscheduled safety checks “…no less than ☒ ☐ ☐ least once every 30 minutes, which shall be once every 15 minutes…” documented. (b) Males and females shall not be placed in the same CPDPM 324.11.1 Locked Enclosures locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE CPDPM 324.11 Secure Custody CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ ☐ ☐ 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 CPDPM 324.11 Secure Custody direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 CPDPM 324.11 Secure Custody minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for CPDPM 324.11 Secure Custody longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CPDPM 324.4 Custody of Juveniles CUSTODY CPDPM 324.4.3 Custody of Juvenile Offenders Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- CPDPM 324 Temporary Custody of Juveniles SECURE CUSTODY 324.1.1 Definitions, Non-Secure Custody CPDPM 324.6 Juvenile Custody Logs Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF CPDPM 324.3 Juveniles Who Should not be Held ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. 0738 Fresno Clovis PRO 20-22 - 18 - A351 TH PRO eff. 1/2019 (18-20).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 Supervision of minors in secure custody in a locked room CPDPM 324.3 Juveniles Who Should not be Held who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked CPDPM 324.3 Juveniles Who Should not be Held 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 CPDPM 324.3 Juveniles Who Should not be Held outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 0738 Fresno Clovis PRO 20-22 - 19 - A351 TH PRO eff. 1/2019 (18-20).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 ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations: facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations: 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations: 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: facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 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 ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the Number of violations: minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: law enforcement facility for longer than six hours. 0738 Fresno Clovis PRO 20-22 - 20 - A351 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001; 2005; 2008; 2010, 2013, 2017 BSCC Code:0738 FACILITY NAME: Clovis Police Department FACILITY TYPE: THJ 6/94: ☐ 2/99: ☒ 2001: ☐ 2005: ☐ 2008: ☐ 2010: ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☐ 2017: ☐ ☐ ☐ ☐ FIELD REPRESENTATIVE: Tim McWilliams DATE: 02/22/21 TITLE 24 SECTION YES NO N/A COMMENTS The design of court holding and temporary holding facilities shall include the following required spaces from Sections 1231.2.2, 1231.2.19, 1231.2.20, 1231.2.21, 1231.2.22, 1231.2.24 and 1231.2.26. 1231.2.2 Temporary holding cell or room. A temporary holding cell or room shall: ☒ ☐ ☐ 1. Contain a minimum of 10 square feet (0.93 m2) of floor area per inmate; 2. Be limited to no more than 16 inmates; ☒ ☐ ☐ 3. Be no smaller than 40 square feet (3.7 m2) and have a ☒ ☐ ☐ clear ceiling height of 8 feet (2438 mm) or more; 4. Contain seating to accommodate all inmates as ☒ ☐ ☐ required in Section 1231.3; 5. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; 6. Maximize visual supervision of inmates by staff; and ☒ ☐ ☐ 7. When located in a temporary holding facility, the cell Inmates are not held longer than 12 hours. or room shall be equipped with a bunk if inmates are to ☒ ☐ ☐ be held longer than 12 hours. 1231.2.19 Safety equipment storage. A secure area shall be provided for the storage of safety equipment such as fire extinguishers, self-contained ☒ ☐ ☐ breathing apparatus, wire and barcutters, emergency lights, etc.. 1231.2.20 Janitors’ closet. In Type II facilities, at least one securely lockable janitors’ closet with sufficient area for the storage of cleaning ☐ ☐ ☒ implements and supplies must be provided within the security areas of the facility, A mop sink shall also be available within the security area of A mop sink is available outside of the security the facility. In court holding, temporary holding, Types I, III area. and IV facilities, the closet need not be in the security area. ☒ ☐ ☐ 0738 Fresno Clovis THJ PHY 20-22 - 1 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.21 Storage rooms. One or more storage rooms shall be provided to accommodate a minimum of 80 cubic feet (2.3 m3) of storage area per inmate for inmate clothing and personal property, ☒ ☐ ☐ institutional clothing, bedding and supplies. Court holding, temporary holding and Type I facilities may be excluded from the storage space requirement for personal and institutional clothing unless clothing is issued. 1231.2.22 Audio monitoring system. In court holding, temporary holding, Type I, Type II and Type II facilities there shall be an inmate- or sound-actuated audio monitoring system in temporary holding cells or rooms, temporary staging cells or rooms, sobering cells, ☒ ☐ ☐ safety cells, single and double occupancy cells, dormitories, dayrooms, exercise areas and correctional program/multipurpose space, which is capable of alerting personnel who can respond immediately. 1231.2.24 Emergency power. There shall be a source of emergency power in all detention facilities capable of providing minimal lighting in all housing ☒ ☐ ☐ units, activities areas, corridors, stairs and central control points, and to maintain fire and life safety, security, communications and alarm systems. Such an emergency power source shall conform to the requirements specified in Title 24, Part 3, Article 700, ☒ ☐ ☐ California Electrical Code, California Code of Regulations. 1231.2.26 Attorney interview space. All facilities except Type IV facilities shall include attorney ☒ ☐ ☐ interview areas which provide for confidential consultation with inmates. 1231.3.1 Toilets/urinals. In temporary holding cells and temporary staging cells ☒ ☐ ☐ toilets/urinals must be provided in a ratio to inmates of 1:16. One urinal or 2 feet (610 mm) of urinal trough may be substituted for each toilet up to one third of the total number ☐ ☐ ☒ of toilets required, except in those facilities or portions thereof used for females. Toilet areas shall provide modesty for inmates with staff ☒ ☐ ☐ being able to visually supervise. 1231.3.2 Wash basins. In temporary holding cells and temporary staging cells, wash ☒ ☐ ☐ basins must be provided in a ratio to inmates of 1:16. Wash basins must be provided with hot and cold or tempered ☒ ☐ ☐ water. Two feet (610 mm) of wash basin trough may be substituted ☐ ☐ ☒ for each basin required. 1231.3.3 Drinking fountains. There must be a minimum of one drinking fountain in every single-occupancy cell, double-occupancy cell, dormitory, ☒ ☐ ☐ temporary holding cell, temporary staging cell, sobering cell, and be accessible to the occupants of day rooms and exercise areas. 0738 Fresno Clovis THJ PHY 20-22 - 2 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS Additional drinking fountains shall be located in other areas of the facility so that drinking water will be available to ☒ ☐ ☐ inmates and staff. Such drinking fountains must meet the following minimum health requirements: 1. The drinking fountain bubbler shall be on an angle ☒ ☐ ☐ which prevents waste water from flowing over the drinking fountain bubbler. 2. Water flow shall be actuated by mechanical means. ☒ ☐ ☐ 1231.3.6 Lighting. Lighting in housing units, dayrooms and activity areas must be sufficient to permit easy reading by a person with normal ☒ ☐ ☐ vision, and shall not be less than 20 footcandles (215.2 lux) at desk level and in the grooming area. Lighting shall be centrally controlled and/or occupant ☒ ☐ ☐ controlled in housing cells or rooms. Night lighting in these areas shall be sufficient to give good Lights remain on while inmates are in cells. ☒ ☐ ☐ visibility for purposes of supervision In minimum-security areas, lighting may be supplied by ordinary lighting fixtures, and in areas of higher security, ☐ ☐ ☒ light fixtures must be of secure design. 1231.3.10 Seating. In temporary holding and temporary staging cells, seating ☒ ☐ ☐ must be securely fixed to the floor and/or wall. When bench seating is used, 18 inches (457 mm) of bench is ☒ ☐ ☐ seating for one person. 1231.3.12 Weapons locker. A weapons locker is located in the vehicle sallyport A secure weapons locker shall be located outside the security ☒ ☐ ☐ and another locker is outside of the secure area perimeter of the facility when entry is made through the office. Such weapons lockers shall be equipped with individual ☒ ☐ ☐ compartments, each with an individual locking device. Weapons lockers are required in temporary and court holding ☒ ☐ ☐ facilities and in all facilities of higher than minimum security. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note ☒ ☐ ☐ areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 0738 Fresno Clovis THJ PHY 20-22 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 0738 FACILITY: Clovis Police Department TYPE: THJ RC: 14 FIELD REPRESENTATIVE: Tim McWilliams DATE: 02/22/21 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 Rm. 3 Holding 1998 1 (8) (8) 100 + sq. ft 1 1 1 Rm. 5 Sobering 1998 1 (7) (7) 185 + sq. ft. 1 1 1 Note: Padding on floor only in larger sobering cell. Rm. 6 Double 1998 1 2 2 2 80 + sq. ft. 1 1 1 1 Rm. 8 Double 1998 1 2 2 2 85 + sq. ft. 1 1 1 1 Rm. 9 Double 1998 1 2 2 2 90 + sq. ft. 1 1 1 Rm. 10 Double 1998 1 2 2 2 70 + sq. ft. 1 1 1 Rm. 11 Dorm 1998 1 4 4 4 126 + sq. ft. 1 2 1 1 Rm. 13 Double 1998 1 2 2 2 80 + sq. ft. 1 1 1 Rm. 14 Holding 1998 1 (3) (3) 60 + sq. ft. 1 1 1 Rm. 15 Sobering 1998 1 (1) (3) 70 + sq. ft. 1 1 1 Note: Padding on floor and walls in smaller sobering cell. Note: one separate shower and toilet room; 4 interview rooms 20-22: Each door is numbered in the facility. Rm. Identification is based upon door number. *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. 0738 Fresno Clovis THJ LAS 20-22 - 1 - A360 LAS Adult.dot (03/01)