Kern County, Shafter Police Department (2018-2020 inspection cycle)

June 15 2020 Kevin Zimmerman, Chief of Police Shafter Police Department 201 Central Valley Highway Shafter, CA 93263 2018 – 2020 BIENNIAL INSPECTION SHAFTER POLICE DEPARTMENT BSCC# 1104 PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Zimmerman: On February 14, 2020, the Board of State and Community Corrections (BSCC) staff conducted the 2018 – 2020 biennial inspection of the Shafter Police Department pursuant to Penal Code Section 6031 and Welfare and Institutions Code (WIC) Section 209. The jail was inspected for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requirements for holding minors. We conducted a Pre-Inspection Briefing on September 6, 2019, in preparation for the on-site inspection to review the changes to Title 15 and ensure that your agency’s policy and documentation would be reflective of the changes. The inspection consisted of a walk-through of the physical plant, a review of applicable written policies and procedures governing the operation of the facility, and a review of documentation to verify that your practices follow your written procedures. Captain Jeff Bell and Sergeant Joshua Stephens were present during the inspection and assisted by answering questions and clarifying procedural issues. Their involvement in the inspection process was extremely valuable. The professionalism and courtesy extended is appreciated. The complete BSCC inspection report is enclosed and consists of: • This transmittal letter; • The Procedures Checklist outlining applicable Title 15 sections; • The Physical Plant Evaluation outlining Title 24 requirements for design; and, • The Living Area Space Evaluation that summarizes the detention facility configuration. Local Inspections In addition to a biennial inspection by the BSCC, inspections are also required by the County Health Officer and the State Fire Marshal or local fire inspector (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the local fire inspector and Health Department for a comprehensive perspective of your facility. 1104 Kern Shafter PD THF 18-20 Chief Zimmerman Shafter PD Page 2 Fire Inspection: Health and Safety Code Section 13146.1 requires a biennial inspection for fire and life safety issues. This was completed on February 20, 2020. Fire clearance was granted. Health Inspections: The local health authority is required to conduct annual inspections of all local detention facilities and includes evaluation of medical/mental health and the environmental health standards. The nutritional requirements are not applicable for temporary holding facilities. The following is the date of the most recent inspections on file with our office is listed below. Inspection Date Health-Environmental March 12, 2019 Health-Medical/Mental Health March 12, 2019 Health-Nutrition Not Required No issues of non-compliance were noted in either of the local health inspection reports. We encourage the practice of maintaining a permanent file for historical copies of BSCC inspection files along with the local inspections outlined above. Additionally, you should maintain documentation of how and when areas of non-compliance/concerns are resolved. BSCC Inspection Physical Plant: The Shafter Police Department’s Jail was opened in 1996 and is evaluated under the 1991 Title 24 standards. The facility consists of five holding cells and two sobering cells. We provided technical assistance as it related to suicide ligature points in the jail cells. The facility responded and made repairs to ensure the inmate bunks, as well as cell light fixtures and vents, had no suicide hazards. There were no issues of non-compliance noted. The jail was clean and well-kept. Minors in secure detention are held in a holding cell, sight and sound separate from adult arrestees. Minors in non- secure detention are held in the briefing area. Policies, Procedures, and Practices: During the inspection, BSCC staff reviewed applicable policy, procedures, practices and supporting documentation where necessary. Those evaluations included a review of documentation related to jail operations including security logs, shift schedules, local inspection results, incident reports, classification documents and other records which give insight to the facility’s operations.1 We noted inmates are supervised by arresting officers or other agency staff. The agency is well staffed, with 2 Captains, 5 Sergeants, 6 Senior Patrol Officers, 14 Patrol Officers and 6 Dispatchers. All are trained to supervise inmates except for 2 dispatchers. You have trained the dispatchers to assist with booking searches of female inmates and assisted video surveillance between safety 1BSCC does not review all of your policies and procedures, only those related specifically to applicable regulations in Title 15, Minimum Standards for Local Detention Facilities for issues of non-compliance. We do not “approve’ your policies or review for constitutional or legal issues. 1104 Kern Shafter PD THF 18-20 Chief Zimmerman Shafter PD Page 3 checks. The agency has prioritized internal trainings for all officers, exceeding the 8-hour requirement, establishing a timeline for 2 hour blocks every quarter. The Title 15 standard is every 2 years, your process is annually. BSCC sought out evidence to ensure practices matched regulations. We reviewed all 75 bookings for 2019 and found the documentation to be consistent with policy and regulation with safety checks, medical/booking screenings and classification for appropriate housing. Safety checks were timely and random, evidenced by the documented checks illustrating the inmate is only in the facility long enough for processing out on citation or transfer to the Kern County Sheriff’s Office (KCSO). Female inmates are only booked when a female staff person is immediately available post processing. The agency previously allowed female dispatchers to complete safety checks but has updated policy to ensure there is a sworn officer completing the checks, in line with the new regulations. Suicidal or mentally disordered inmates and those requiring restraint are not booked at this facility. Inmates requiring constant direct visual supervision, such as intoxicated inmates or those having medical issues, are not accepted into the facility but are transferred to the KCSO. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring: Pursuant to WIC§ 209, we reviewed applicable policy, procedures, practices and supporting documentation to comply with Title 15 Article 9, Minors in Custody in a Law Enforcement Facility. In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). We reviewed your Secure and Non-Secure logs and found no youth were held in secure detention and 32 youth were held in non-secure detention from July 2018 to January 2020. We reviewed the reports and documentation for these youth, making note that all safety checks and required information was compliant with regulation. The longest a youth was held in secure detention was 2 hours. Regarding the JJDPA, no area of non-compliance was noted. This concludes the inspection report. We would like to once again thank Captain Bell and Sergeant Stephens for their hospitality and courtesy extended to me during the inspection. They were extremely helpful during this process and responsive to our recommendations. If I could be of further assistance to you or the agency, please do not hesitate to contact me anytime. Sincerely, ELIZABETH GONG Field Representative Facilities, Standards and Operations Division 916-324-9153 Elizabeth.gong@bscc.ca.gov Enclosures cc: Chair, City Council, City of Shafter* City Manager, City of Shafter* Presiding Judge, Superior Court, Kern County* Grand Jury Foreperson, Superior Court, Kern County* *Complete copies of this inspection re available upon request or online at www.bscc.ca.go 1104 Kern Shafter PD THF 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 1104 FACILITY NAME: Shafter Police Department Jail FACILITY TYPE: THF PERSON(S) INTERVIEWED: Jeff Bell, Administrative Captain, Josh Stephens, Administrative Sergeant FIELD REPRESENTATIVE: Elizabeth Gong DATE: February 14, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.12 HOLDING FACILITY TRAINING The facility has 14 Patrol Officers, 6 Senior Custodial personnel who supervise inmates in, and Officers, 5 Sergeants, 2 Captains and one Chief supervisors of, a Court Holding or Temporary Holding of Police. Each are trained in the Supervision of facility shall complete 8 hours of specialized training. Such Inmates, including each component in training shall include, but not be limited to: regulation. (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ It should be noted, Captain Bell has developed (c) inmate segregation; an internal quarterly training curriculum to ensure officers are current with policy, (d) emergency procedures and planning, fire and life regulation and all jail operations. This exceeds safety; and, regulation and is offered to adjacent Kern (e) suicide prevention. County THF. 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 any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ 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 every two years. Successful completion of the requirements ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL 900.4.3 Supervision in Temporary Custody 900.4.4 Staffing Plan A sufficient number of personnel shall be employed in each The facility has 14 Patrol Officers, 6 Senior ☒ ☐ ☐ local detention facility to ensure the implementation and Officers, 5 Sergeants, 2 Captains and one Chief operation of the programs and activities required by these of Police. There are 6 dispatchers, who are regulations. trained in searches and jail operations. 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. 1104 Kern Shafter THF 18-20 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ 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 would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there shall be at least one female employee who shall be ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.8 (e) Holding Cells 901.3.2 Log entries and Security Checks Safety checks shall be conducted at least hourly through ☒ ☐ ☐ direct visual observation of all inmates. There shall be no We reviewed Confinement Logs from 2018 and more than a 60-minute lapse between safety checks. 2019. Our random reviews revealed compliance There is a written plan that includes the documentation of with safety checks with few incidents of the routine safety checks. officer noting the check was late because they were in the field. No checks were later than one hour. The agency has placed safety check ☒ ☐ ☐ responsibilities on sworn police personnel and will not use trained dispatchers unless an emergency arises. This would require Watch Commander approval and significant documentation. 1028 FIRE AND LIFE SAFETY STAFF 900.4.4 Staffing Plan Whenever there is an inmate in custody, there shall be at This policy describes that at least one staff on ☒ ☐ ☐ least one person on duty at all times who meets the training duty meets the requirement for being trained in standards established by the BSCC for general fire and life Fire and Life Safety. safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1104 Kern Shafter THF 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 900.11 Assigned Administrator Facility administrator(s) shall develop and publish a manual This designates the Jail Manger to be responsible of policy and procedures for the facility. The policy and for ensuring appropriate and required policies procedures manual shall address all applicable Title 15 and and procedures are in place directing the Title 24 regulations and shall be comprehensively reviewed agencies compliance with regulation and jail and updated at least every two years. Such a manual shall be operations. 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 901.2 Shafter Department Staffing Plan communications. This section articulates the Facility Administrator (Chief), Facility Manager ☒ ☐ ☐ (Administrative Captain), Assistant Jail Manager (Administrative Sergeant), Facility Supervisor (Watch Commander), and Custodial Personnel. (2) Inspections and operations reviews by the facility 900.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4) Policy on the use of restraint equipment, including the 900.6 Use of Restraint Devices restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 324.9 Use of Restraint Devices (Juvenile) Section 3407. (5) Procedure and criteria for screening newly received 901.1.2 Detainable Prisoners inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ 901.3.2 Log Entries and Security Checks (B) searches of the facility and inmates, ☒ ☐ ☐ 903 Custodial Searches (C) contraband control, and, ☒ ☐ ☐ 903.4 Searches at Police Facilities (D) key control. ☒ ☐ ☐ 900.11 (b) Assigned Administrator Each facility administrator shall, at least annually, review, 900.11 Assigned Administrator evaluate, and make a record of security measures. The review 905.5 and .6 PREA Policies and evaluation shall include internal and external security measures of the facility including security measures specific ☒ ☐ ☐ It is noted the Watch Commander completes to prevention of sexual abuse and sexual harassment. daily internal searches of the jail to properly maintain and assess the facility. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 1104 Kern Shafter THF 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (7) Emergency procedures include: 902 Fire Safety (A) fire suppression preplan as required by section 900.11(g) Assigned Administrator 1032 of these regulations; It should be noted all Emergency procedures are ☒ ☐ ☐ part of the 8-hour training provided by the agency. (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.11 (e) and (j) (C) mass arrests; ☒ ☐ ☐ 902.3.1 (D) natural disasters; ☒ ☐ ☐ 900.11 (h) (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 900.11 (k) (F) storage, issue, and use of weapons, ammunition, 900.5.7 Firearms and other Security Measures chemical agents, and related security devices. There is gun locker in the Administrative part of the building for officers to store their weapon ☒ ☐ ☐ prior to entering the jail. The department policy directs officers to store their weapon in their vehicle prior to entering the jail from the sally port. (8) Suicide Prevention. ☒ ☐ ☐ 900.9 Suicide Attempt, Death or Serious Injury (9) Segregation of Inmates. 901.3.3 Prisoner Classification, Screening and ☒ ☐ ☐ Segregation (10) Zero tolerance in the prevention of sexual abuse and 905.4 PREA Sexual Assault and Sexual Abuse ☒ ☐ ☐ sexual harassment. Victims (11) Policy and procedure to detect, prevent, and respond 905.6 PREA Retaliation Prohibited to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 905.4 PREA Sexual Assault and Sexual Abuse Type I, II, III, and IV facilities shall provide for, but not be Victims limited to, the following: (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, 905.4.2 Shift Supervisor Responsibilities community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.4.2 (d) Individuals Who Should Not Be In Temporary Custody The facility shall have a comprehensive written suicide 900.9 Suicide Attempt, Death or Serious Injury prevention program developed by the facility administrator, 901.3.3 (c) Prisoner Classification, Screening ☒ ☐ ☐ in conjunction with the health authority and mental health and Segregation director, to identify, monitor, and provide treatment to those 324.3.2 Suicide Prevention of Juveniles in inmates who present a suicide risk. The program shall Custody include the following: (a) Suicide prevention training for all staff that have direct Suicide Prevention is part of the facilities Jail ☒ ☐ ☐ contact with inmates. Operations curriculum. 1104 Kern Shafter THF 18-20 - 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 900.4 Initiating Temporary Custody intake and prior to housing assignment. All officers delivering an arrestee to the jail are ☒ ☐ ☐ required to facilitate the Medical Screening Form, which is responsive to questions about suicide, ideation or past attempts. (c) Provisions facilitating communication among 900.4 Initiating Temporary Custody arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. 900.4 Initiating Temporary Custody All officers delivering an arrestee to the jail are required to facilitate the Medical Screening ☒ ☐ ☐ Form, which is responsive to questions about suicide, ideation or past attempts. The Watch Commander determines cell placement or transfer to another facility. (e) Supervision depending on level of suicide risk. 900.4.2 (d) Individuals Who Should Not Be in ☒ ☐ ☐ Temporary Custody (f) Suicide attempt and suicide intervention policies and 900.9 Suicide Attempt, Death or Serious Injury ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ (h) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 1032 FIRE SUPPRESSION PREPLANNING Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire 902.2 Fire Procedures department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 902.1 Fire Safety monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; The last Fire Inspection was completed on (c) fire prevention inspections as required by Health and February 27, 2020. Clearance was granted on Safety Code Section 13146.1(a) and (b) which requires March 23, 2020, upon completion of the 5-year inspections at least once every two years; sprinkler inspection for the facility. ☒ ☐ ☐ Additionally, the Watch Commander on Duty completes daily inspections of the jail, exceeding the monthly requirement. (d) an evacuation plan; and, 902.3 Emergency Evacuation ☒ ☐ ☐ 902.4 Fire Evacuation Plan (e) a plan for the emergency housing of inmates in the case of Inmates would be released or transported to the ☒ ☐ ☐ fire. KCSD. 1104 Kern Shafter THF 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1044 INCIDENT REPORTS 900.5.8 Reporting Physical Harm or Threats of Physical Harm Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY 900.9 Suicide Attempt, Death or Serious Injury (a) Death in Custody Reviews for Adults and Minors. 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. 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 324.12 Suicide Attempt, Death or Serious Injury In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ of a Juvenile lockup, or court holding facility: (1) The administrator of the facility shall provide to the 324.12 (g) Board a copy of the report submitted to the Attorney 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 324.12 (h) 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. 1104 Kern Shafter THF 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 901.3.3 Prisoner Classification, Screening and Segregation (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written The classification document used by the agency classification plan designed to properly assign inmates to is called a Prisoner Screening Form. This housing units and activities according to the categories of sex, includes a medical screening and articulates age, criminal sophistication, seriousness of crime charged, documentation for any special needs regarding physical or mental health needs, assaultive/non-assaultive medical or mental health concerns. Other behavior, risk of being sexually abused, or sexually harassed policies direct the officers to get certain and other criteria which will provide for the safety of the approvals to accept an adult or juvenile that ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be poses a threat to the facility or individual. accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. 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 901.3.3 (d) Classification Screening Form 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 900.4 (h) Initiating Temporary Custody The facility administrator, in cooperation with the The officers inquire about this prior to bringing responsible physician, shall develop written policies and ☒ ☐ ☐ the inmate to the jail. If an affirmative response, procedures specifying those symptoms that require the inmate is transported to the KCSO. If it is segregation of an inmate until a medical evaluation is learned at the jail through the medical screening, completed. the inmate is transported to the KCSO after being At the time of intake into the facility, an inquiry shall be cleared by medical staff at KMC. made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.4.1 Screening and Placement The facility administrator, in cooperation with the Mentally Disordered Inmates are not accepted ☒ ☐ ☐ responsible physician, shall develop written policies and into the facility. If the condition is revealed at procedures to identify and evaluate all mentally disordered screening, the inmate is immediately transferred inmates, and may include telehealth. to the Mary K. Shell Center for evaluation and then transported to the KCSO. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. 1104 Kern Shafter THF 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 901.3.3 Prisoner Classification, Screening and Segregation Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for Inmates that pose a danger to others or are the administrative segregation of inmates who are promoting behavior to incite others are separated determined to be prone to: promote activity or behavior that in their own cell pending release on citation or is criminal in nature or disruptive to facility operations; transport to the KCSO. The classification demonstrate influence over other inmates, including document references this criteria. influence to promote or direct action or behavior that is ☒ ☐ ☐ 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 secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL There is no safety cell at the facility. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. 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. 1104 Kern Shafter THF 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 900.8.1 Use of Sobering Cell 900.8 (e) Holding Cell safety checks The sobering cell described in Title 24, Part 2, Section 900.8.1 (d) No longer than 6 hours 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ 900.8.1 (c) Movement to holding cell threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and Inmates that are unable to care for themselves procedures developed by the facility administrator. and demonstrate extreme intoxication by drugs Such inmates shall be removed from the sobering cell as they or alcohol, are transported to KMC for clearance are able to continue in the processing. ☒ ☐ ☐ prior to booking at KCSO. Those that can be detained in the jail require Shift Supervisor approval, frequent and documented safety In no case shall an inmate remain in a sobering cell over six checks, movement to a holding cell when they no hours without an evaluation by a medical staff person or an longer demonstrate the need for the sobering evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ cell, and release within 6 hours. procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent We reviewed 19 jail logs for inebriated medical problem. individuals, noting checks were timely and the At 12 hours from the time of placement, all inmates will activity of the inmate while the check was receive an evaluation by responsible health care staff. ☒ ☐ ☐ performed was noted. Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☒ ☐ ☐ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED 900.4.2 (j) Individuals Who Should Not Be in INMATES Temporary Custody The facility administrator, in cooperation with the Developmentally Disabled Inmates are not ☒ ☐ ☐ responsible physician, shall develop written policies and accepted into the facility. If the condition is procedures for the identification and evaluation, appropriate revealed at screening, the inmate is immediately classification and housing, protection, and transferred to the Mary K. Shell Center for nondiscrimination of all developmentally disabled inmates. evaluation and then transported to the KCSO. The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 306 Handcuffing and Restraints The facility administrator, in cooperation with the This is an agency policy for use at arrest in the responsible physician, shall develop written policies and ☒ ☐ ☐ field. Restraints within the meaning of this procedures for the use of restraint devices and may delegate regulation are not used at the jail. authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ 1104 Kern Shafter THF 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 306.3.2 Restraint of Pregnant Persons The facility administrator, in cooperation with the This is an agency policy for use at arrest. responsible physician, shall develop written policies and ☒ ☐ ☐ Restraints within the meaning of this regulation procedures for the use of restraint devices on pregnant are not used at the 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 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 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. 1104 Kern Shafter THF 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 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 900.59 Attorneys and Bail Bondsman The facility administrator shall develop written policies and ☒ ☐ ☐ 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 900.5.6 Inmate Mail ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 900.5.9 (e) 1080 RULES AND DISCIPLINARY PENALTIES 900.5.10 Discipline Wherever discipline is administered, each facility Discipline is not utilized at the jail. Inmates administrator shall establish written rules and disciplinary ☐ ☐ ☒ requiring a more secure setting due to behavior penalties to guide inmate conduct. are transported to the KCSO, medical or mental health facility. Such rules and disciplinary penalties shall be stated simply and affirmatively, and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE 900.5.10 Discipline If discipline is NOT administered, written policy should Discipline is not utilized at the jail. Inmates indicate as such. If discipline is administered, Sections requiring a more secure setting due to behavior 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ are transported to the KCSO, medical or mental health facility. 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. 1104 Kern Shafter THF 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 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 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. 1104 Kern Shafter THF 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE 900.5.10 Discipline The degree of punitive actions taken by the disciplinary Discipline is not utilized at the jail. Inmates officer shall be directly related to the severity of the rule requiring a more secure setting due to behavior infraction. Acceptable forms of discipline shall consist of, are transported to the KCSO, medical or mental but not be limited to, the following: health facility. (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 900.5.10 Discipline ACTIONS Discipline is not utilized at the jail. Inmates The Penal Code and the State Constitution expressly requiring a more secure setting due to behavior prohibit all cruel and unusual punishment. Additionally, are transported to the KCSO, medical or mental there shall be the following limitations: health facility. (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 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. 1104 Kern Shafter THF 18-20 - 13 - 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 900.5.10 Discipline Penal Code Section 4019.5 requires that a record is kept of Discipline is not utilized at the jail. Inmates all disciplinary infractions and punishment administered ☐ ☐ ☒ requiring a more secure setting due to behavior therefore. This requirement may be satisfied by retaining are transported to the KCSO, medical or mental copies of rule violation reports and report of the disposition health facility. 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. 1104 Kern Shafter THF 18-20 - 14 - 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 324.12 Suicide Attempt, Death or Serious Injury MINOR IN AN ADULT DETENTION 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 324 Temporary Custody of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; 324.12 Suicide Attempt, Death or Serious Injury ☒ ☐ ☐ of a Juvenile (b) use of restraints; ☒ ☐ ☐ 324.9 Use of Restraint Devices (c) emergency medical assistance and services; and, 324.3.1 Emergency Medical Care of Juveniles In ☒ ☐ ☐ Custody (d) prohibiting use of discipline. ☒ ☐ ☐ 324.8 (o) Temporary Custody Requirements 1143 CARE OF MINORS IN TEMPORARY 324.8 Temporary Custody Requirements CUSTODY We reviewed all logs related to youth in custody (a) The following shall be made available to all minors held in for 2018 and 2019. There was no youth held in temporary custody: Secure Detention and 32 youth in Non-Secure Detention. The records were complete. We provided a technical assistance recommendation ☒ ☐ ☐ that the agency list the name, relationship and identification documentation when releasing a juvenile, verifying the parent or guardian prior to release. Of the youth brought to the jail, 13 were delivered to Kern County Juvenile Hall and 19 were released on citation. (1) access to toilets and washing facilities; ☒ ☐ ☐ 324.8 (e) (2) one snack upon request during term of temporary 324.8 (f) custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ 324.8 (g) (4) privacy during consultation with family, guardian, 324.8 (i) ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the 324.8 (k) ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is 324.8 (j) inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1104 Kern Shafter THF 18-20 - 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 1144 CONTACT BETWEEN MINORS AND 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. In situations where brief or accidental contact may occur, 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 324.11 Secure Custody A minor who is taken into temporary custody by a peace There have been no youth held in Secure officer on the basis that he or she is a person described by Detention this cycle. 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 324.11 (a) 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 324.11 (b) ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the 324.11 (c) ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate 324.11 (d) ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who 324.11 (e) ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY 324.11 324.11.1 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. 1104 Kern Shafter THF 18-20 - 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 1147 SUPERVISION OF MINORS IN SECURE 324.11.1 Locked Enclosures CUSTODY INSIDE A LOCKED ENCLOSURE No youth was placed in a locked enclosure this ☒ ☐ ☐ cycle. (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; 324.11.1 (a) ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the 324.11.1 (d) minor by staff of the law enforcement facility, at ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same 324.11.1 (e) locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 324.11, Page 8, Paragraph 3 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 324.11, Page 8, Paragraph 3 direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 324.11, Page 8, Paragraph 3 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for 324.11, Page 8, Paragraph 4 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 324.4.3 Custody of Juvenile Offenders CUSTODY 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- 324.6 Juvenile Custody Logs SECURE CUSTODY There have been 32 youth held in Non-Secure Minors held in non-secure custody shall receive constant Detention for 2018 and 2019. 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. 1104 Kern Shafter THF 18-20 - 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 1151 MINORS UNDER THE INFLUENCE OF 324.3 (d) Juveniles Who Should Not be Detained ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Youth displaying these symptoms are taken to a medical or mental health facility prior to delivery Facility administrators shall develop policies and procedures ☒ ☐ ☐ to Kern County Juvenile Hall. 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. Supervision of minors in secure custody in a locked room 324.3 (d) Juveniles Who Should Not be Detained who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall Youth displaying these symptoms are taken to a include safety checks at least once every 15 minutes until ☐ ☐ ☐ medical or mental health facility prior to delivery resolution of the intoxicated state or release. These safety to Kern County Juvenile Hall. 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. 1104 Kern Shafter THF 18-20 - 18 - 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: 0 facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations: 0 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations: 0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the Number of violations: 0 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. 1104 Kern Shafter THF 18-20 - 19 - A351 TH PRO eff. 1/2019 (18-20).dot PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/91 Title 24, California Code of Regulations (CCR) BSCC Code: 1104 FACILITY NAME: Shafter Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: X (1991) FIELD REPRESENTATIVE: Elizabeth Gong DATE: February 14, 2020 ARTICLE/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) X External to the security area and equipped with individual compartments, locks and keys. Detoxification Cells (WA) (2.4) X Limited to no more than 8 inmates. Safety Cells (WA) (2.5) There is no safety cell at this facility. X Contain 48 square feet with one floor dimension at least 6 feet. 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) The holding area and sobering cells have both X audio and video monitoring. For facilities planned or constructed after 8-86. Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available 1104 Kern Shafter THJ PHY 18-20 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Emergency Power (2.24) X Available to maintain fire and life safety, security, communications and alarm systems. Attorney Interview Space (2.26) X Available 1104 Kern Shafter THJ PHY 18-20 - 2 - A370 PHY CH-TH 1-78.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 1104 FACILITY: Shafter Police Department TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Elizabeth Gong DATE: February 14, 2020 ROOMS EACH ROOM Cell Applicable # EACH CELL DIMENSIONS FIXTURES* Location Total RC Type Standards Cells # Beds RC (L x W x H) T U W F S 1 Holding 1991 1 (6) (6) 10.5' x 6.8' x 8' 1 1 1 Note: 10' bench. 2 Sobering 1991 1 (4) (4) 9' x 10' x 8' 1 1 1 Note: Padded partition. 3 Holding 1991 1 (6) (6) 10' x 6.5' x 8' 1 1 1 Note: 10' bench. 4 Sobering 1991 1 (4) (4) 11' x 7.5' x 8' 1 1 1 Note: Padded partition. 5 & 6 Holding 1991 2 (6) (12) 11' x 6' x 8' 2 2 2 Note: 10' bench each. 7 Holding 1991 1 (1) (1) 5'4" x 8'3" x 8' 1 1 1 Note: This cell is separate from other cells and is designated for holding minors. NOTE: As a result of the 2018-2020 Inspection Cycle, the facility made corrections to holding cells; including removal of the ligature points on bunks, venting and light fixtures. *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. 1104 Shafter THJ LAS 18-20 - 1 - A360 LAS Adult.dot (9/98)