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

May 12, 2020 Ken Kroeger, Chief of Police Tehachapi Police Department 129 East F Street Tehachapi, CA 93561 2018 – 2020 BIENNIAL INSPECTION TEHACHAPI POLICE DEPARTMENT BSCC# 1123 PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Kroeger: On February 11, 2020, the Board of State and Community Corrections (BSCC) staff conducted the 2018 – 2020 biennial inspection of the Tehachapi Police Department Temporary Holding Facility pursuant to Penal Code Section 6031 and Welfare and Institutions Code (WIC) Section 209. The jail was inspected for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requirements for holding minors. Prior to the on-site inspection, we completed a Pre-Inspection Briefing on September 5, 2019, to provide you with updated information regarding the changes to Title 15 regulations as well as information concerning the documentation and policies we would review. The on-site 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. Sergeant Amelia Thompson was present during the inspection and assisted by answering questions and clarifying procedural issues. Her 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. 1123 Kern Tehachapi PD 18-20 Chief Kroeger Tehachapi PD Page 2 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 Health Department and the fire inspector for a comprehensive perspective of your facility. Fire Inspection: Health and Safety Code Section 13146.1 requires a biennial inspection for fire and life safety issues. This was completed on August 14, 2018. 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 19, 2019 Health-Medical/Mental Health March 19, 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 Tehachapi City Temporary Holding Facility is operated by the Tehachapi Police Department and was completed in 2014. and the facility is evaluated using the 2010 Title 24 regulations. The facility consists of a booking area and three holding rooms, for a rated capacity of 15 inmates. It was noted in previous inspections that the bunk in each holding cell was not sufficient for sleeping; however, it was measured incorrectly and does meet the standard of 76” and can be used as a sleeping room. The facility will continue to only keep inmates within 12 hours or less. You have this in your policy. There is no toilet, sink or drinking fountain in the cells; therefore, the facility is non-compliant with Section 2.2 of Title 24, Holding Room standards, which requires a toilet, sink and drinking fountain. 1123 Kern Tehachapi PD 18-20 Chief Kroeger Tehachapi PD Page 3 Minors in secure detention are held in an open area and cuffed to a bench. Only one instance occurred this cycle and the youth was transported to Juvenile Hall after eleven minutes. Minors in non-secure detention are held in the facilities unlocked report writing area, with only 7 held this cycle. The jail was clean and appeared well maintained. Please see the Procedures Checklist for detailed information. 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 operations1. We noted inmates are supervised by arresting officers and most often, they remain in the facility only long enough for processing before being released or transferred. Female inmates are only booked when a female staff person is immediately available. While on-site, we reviewed documents to ensure practices matched regulations. There were 29 bookings in 2019 and all but four were transported to the sheriff’s department, with the others released on citation after the booking process. We reviewed booking forms, classification documents, safety check logs and medical screening forms for each booking and noted consistent compliance with regulation. There were two companion inmates booked for murder in September 2019 with noted late safety checks. When brought to your attention, it was represented the officer(s) were supervising the inmates while completing their investigation/reports. Otherwise, safety checks were timely and random. All logs reviewed were signed by supervisors. Suicidal or mentally disordered inmates and those requiring restraint, are not booked at this facility. Inmates requiring more intensive supervision, such as intoxicated inmates or those having medical issues are not accepted and transported to the Kern County Sheriff Central Receiving Facility. We identified no areas of non-compliance with policy or procedures. 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 the logs for 2019 and found seven youth were held in non-secure detention. Non-secure juveniles are kept in an administrative area away from your local detention facility holding area. Only one youth was held in secure detention prior to transport to Juvenile Hall. The logs and accompanying reports were complete and accurate, with no violations of the JJDPA noted. 1BSCC does not review all of your policies and procedures. We only review those policies related specifically to the applicable regulations included in Title 15, Minimum Standards for Local Detention Facilities for issues of non-compliance. We do not “approve’ your policies nor do we review them for constitutional or legal issues. 1123 Kern Tehachapi PD 18-20 Chief Kroeger Tehachapi PD Page 4 CORRECTIVE ACTION: Title 24, Section 2.2 Holding Cell or Room This section requires plumbing fixtures for inmates in Holding Rooms. If modifications are made, please notify me so I can remove this from your Inspection report. We note this has been an issue of compliance since the completion of the Temporary Holding Facility in 2014. This concludes the inspection report. We would like to once again thank Sergeant Thompson for the hospitality and courtesy extended to me during the inspection. She was extremely helpful during this process and very 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 Tehachapi * City Manager, City of Tehachapi * 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.gov 1123 Kern Tehachapi PD 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 1123 FACILITY NAME: Tehachapi Police Department Jail FACILITY TYPE: THF PERSON(S) INTERVIEWED: Amalia Thompson, Sergeant; Ken Kroeger, Chief FIELD REPRESENTATIVE: Elizabeth Gong DATE: February 11, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY HOLDING FACILITY TRAINING 1000.1.1 Supervision of Prisoners 1000.1.1 (a) – (e) Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding These sections require all staff responsible for facility shall complete 8 hours of specialized training. Such inmate supervision to be trained to Title 15 training shall include, but not be limited to: minimum standards. (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ We reviewed training records and staffing (c) inmate segregation; patterns which reveal there are trained staff on (d) emergency procedures and planning, fire and life each shift. If there is no staff available to safety; and, supervise, officers transport all inmates for (e) suicide prevention. booking at the Kern County Sheriff Office (KCSO) Central Receiving Facility (CRF) or the Each agency shall determine if additional training is needed KCSO Mojave Substation. 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 100.1.1 Supervision of Prisoners A sufficient number of personnel shall be employed in each ☒ ☐ ☐ We reviewed safety check logs, intake local detention facility to ensure the implementation and classification and medical screening records, operation of the programs and activities required by these and shift schedules. All were completed in a regulations. 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. 1123 Kern Tehachapi PD THJ 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 timely manner and there was no indication of least one employee on duty at all times in a local detention inadequate staffing. facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to 1000.1.1 Supervision of Prisoners inmates in the event of an emergency. Such an employee shall not have any other duties which Agency has trained staff on each shift and has would conflict with the supervision and care of inmates in ☒ ☐ ☐ implemented policy to defer bookings when a the event of an emergency. trained employee is not available. Whenever one or more female inmates are in custody, there shall be at least one female employee who shall be ☒ ☐ ☐ 1000.3.8 Temporary Detention of Females immediately available and accessible to such females. Note: Reference PC§ 4021. Agency policy prohibits booking or housing To determine if there is a sufficient number of personnel for female inmates when a female employee is not a specific facility, the facility administrator shall prepare and available. All current sworn and non-sworn retain a staffing plan indicating the personnel assigned in the (dispatchers) are trained to supervise inmates. 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 1000.2.1 Staffing Plan recommendations shall be reported to the local jurisdiction ☒ ☐ ☐ having fiscal responsibility for the facility. Shift schedule and roster were verified at inspection. The agency has a Chief, a Lieutenant, 3 Sergeants, 11 Patrol Officers, 1 Code Enforcement Officer and 1 School Resource Officer. 1027.5 SAFETY CHECKS 1000.3.1 Supervision of Prisoners Safety checks shall be conducted at least hourly through ☒ ☐ ☐ 1000.3.2 (a) Log Entries and Safety Checks direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. Requires documentation of safety check including date, time and officer name. We There is a written plan that includes the documentation of reviewed the documentation for all 29 adult routine safety checks. inmates booked into the facility in 2019 and noted agency personnel met the standards required for screening, classifying and safety checks. There were two bookings in September 2019 for PC 187 and there were noted late checks. The agency is aware of this and upon ☒ ☐ ☐ audit of the records, determined the officer was on site completing an investigation and reports, with the inmates under supervision. We provided technical assistance including assurance that the checks always be documented. 1028 FIRE AND LIFE SAFETY STAFF 1000.1.1 ⁋ 4 Supervision of Prisoners 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]) 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. 1123 Kern Tehachapi PD THJ 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 1000.1 Purpose and Scope Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and The facility manual is updated annually or as procedures manual shall address all applicable Title 15 and required. It was last updated May 6, 2019. Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The 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 communications. 1000.2 Department Organization and ☒ ☐ ☐ Responsibility (2) Inspections and operations reviews by the facility administrator/manager. ☒ ☐ ☐ 1000.2 (b) Facility Manager Responsibilities (3) Policy on the use of force. ☒ ☐ ☐ 400.3 Use of Force (4) Policy on the use of restraint equipment, including the restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 406.3 Use of Restraints Section 3407. (5) Procedure and criteria for screening newly received inmates for release per Penal Code sections 849(b)(2) and 1000.7.6 Release of Prisoners 853.6, and any other such processes as the facility 1000.7.7 Statutory Requirements for Citation administrator is empowered to use. ☒ ☐ ☐ Releases 1000.7.8 Jail Release (6) Security and control including: ☒ ☐ ☐ 1000.7.1 Security (A) physical counts of inmates, 1000.3.2 (b) ☒ ☐ ☐ Physical counts shall be conducted every four hours. (B) searches of the facility and inmates, ☒ ☐ ☐ (C) contraband control, and, 1002.4 Searches at Police Facilities ☒ ☐ ☐ 1000.4 Temporary Holding Facility Searches (D) key control. ☒ ☐ ☐ 1000.7.1 Security 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 1123 Kern Tehachapi PD THJ 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each facility administrator shall, at least annually, review, evaluate, and make a record of security measures. The review 1000.2 (b) and evaluation shall include internal and external security measures of the facility including security measures specific ☒ ☐ ☐ The Facility manager is responsible for the to prevention of sexual abuse and sexual harassment. manual and operations of the facility. (7) Emergency procedures include: (A) fire suppression preplan as required by section 1003 Emergency Procedures ☒ ☐ ☐ 1032 of these regulations; 1003.1 Fire Safety (B) escape, disturbances, and the taking of hostages; 1003.3 Escapes ☒ ☐ ☐ 1003.4 Hostages 1003.6 Disturbances (C) mass arrests; ☒ ☐ ☐ 1003.5 Mass Arrests (D) natural disasters; ☒ ☐ ☐ 1003.2.5 Citywide or Regional Disasters (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 1000.2 9 (c) Maintenance Manager (F) storage, issue, and use of weapons, ammunition, chemical agents, and related security devices. 1000.7.1 (a) and (e) Security ☒ ☐ ☐ This section articulates the security of certain devices. (8) Suicide Prevention. ☒ ☐ ☐ 1000.3.5 Suicide Prevention (9) Segregation of Inmates. 1000.3.3 Prisoner Classification, Screening and ☒ ☐ ☐ Segregation (10) Zero tolerance in the prevention of sexual abuse and sexual harassment. ☒ ☐ ☐ 1004.2 PREA Policy (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting 1000.3.3 (e), (f), and (g) Prisoner Classification any abuse. ☒ ☐ ☐ 1004.1 PREA Purpose and Scope 1123 Kern Tehachapi PD THJ 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be 1004.4 Reporting Sexual Abuse, Harassment limited to, the following: and Retaliation (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, community members, and other interested third-parties 1004.3 (h) PREA Coordinator Responsibilities to report sexual abuse or sexual harassment. The method for reporting shall be publicly posted at the The facility has posters in the jail articulating facility. ☒ ☐ ☐ how and who to report any sexual abuse or harassment as well as published information on the department’s website. 1030 SUICIDE PREVENTION PROGRAM 1000.3.5 Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct contact with inmates. ☒ ☐ ☐ 1000.1.1 (e) Suicide Prevention Training (b) Intake screening for suicide risk immediately upon intake and prior to housing assignment. 1000.3.3 Prisoner Classification, Screening and ☒ ☐ ☐ Segregation (c) Provisions facilitating communication among arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ 1000.3.6 Suicide Attempts or Suicide Threats mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ (e) Supervision depending on level of suicide risk. 1000.3.5 D Suicide Prevention The facility recommends close observation and ☒ ☐ ☐ immediate transfer to CRF or County Medical Facility. (f) Suicide attempt and suicide intervention policies and ☒ ☐ ☐ procedures. 1000.3.6 Suicide Attempts or Suicide Threats (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ (h) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility 1000.3.6 Suicide Attempts or Suicide Threats administrator. ☒ ☐ ☐ 1000.7.13 Death of a Prisoner 1123 Kern Tehachapi PD THJ 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING 1003.1 Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ Policy reflects the Facility Manager is to ensure having jurisdiction over the facility, with the State Fire monthly fire and life safety inspections of the Marshal, or both, in developing a plan for fire suppression facility monthly. We noted there were missed which shall include, but not be limited to: monthly fire and life safety inspections in 2018 (a) a fire suppression pre-plan developed with the local fire and 2019, however, the issue was remedied by department to be included as part of the policy and procedures identifying a specific time and date monthly to ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section complete. 1029); (b) regular fire prevention inspections by facility staff on a monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Safety Code Section 13146.1(a) and (b) which requires The last Fire Inspection was conducted on ☒ ☐ ☐ inspections at least once every two years; August 14, 2018. (d) an evacuation plan; and, ☒ ☐ ☐ 1003.2 Evacuations of the Facility (e) a plan for the emergency housing of inmates in the case of fire. 1003.2.4 ☒ ☐ ☐ The facility will safely transport all inmates to the Mojave Substation or CRF. Youth would be released or transported to Juvenile Hall. 1044 INCIDENT REPORTS 1000.3.10 Reporting Physical Harm or Serious Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ Threat of Physical Harm reporting of all incidents which result in physical harm, or Reports are submitted prior to the end of the serious threat of physical harm, to an employee or inmate of shift. 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 1000.7.13 Death of a Prisoner (a) Death in Custody Reviews for Adults and Minors. 423.7.5 Death of a Juvenile while Detained 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. 1123 Kern Tehachapi PD THJ 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Death of a Minor In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: (1) The administrator of the facility shall provide to the 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 administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 1000.3.3 Prisoner Classification, Screening and (a) Each administrator of a temporary holding, Type I, II, or Segregation III facility shall develop and implement a written classification plan designed to properly assign inmates to The facility classification questionnaire and housing units and activities according to the categories of sex, medical screening form articulate any concerns age, criminal sophistication, seriousness of crime charged, or issues identified in regulation in response to physical or mental health needs, assaultive/non-assaultive classifying inmates. behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be 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 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 1000.3.4 Medical Segregation and The facility administrator, in cooperation with the Communicable Diseases responsible physician, shall develop written policies and ☒ ☐ ☐ 1000.1.3 (b) Non-Detainable Prisoners – procedures specifying those symptoms that require Communicable Diseases segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1123 Kern Tehachapi PD THJ 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES 1000.3.3 Prisoner Classification, Screening and The facility administrator, in cooperation with the Segregation ☒ ☐ ☐ responsible physician, shall develop written policies and 1000.1.3 (c) Non-Detainable Prisoners – Severe procedures to identify and evaluate all mentally disordered Mental Disorder inmates, and may include telehealth. If an evaluation from medical or mental health staff is not Arrestees displaying any mental health condition readily available, an inmate shall be considered mentally are not accepted at this facility. If identified disordered for the purpose of this section if he or she appears during the screening process, the inmate is to be a danger to himself/herself or others or if he/she immediately transferred to CRF or a appears gravely disabled. ☒ ☐ ☐ medical/mental health facility. 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. Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 1000.3.3 Prisoner Classification, Screening and Except in Type IV facilities, each facility administrator shall Segregation develop written policies and procedures which provide for 1000.1.3 (d) and (i) Non-Detainable Prisoners – the administrative segregation of inmates who are Combative or Unruly Person/Intoxicated beyond determined to be prone to: promote activity or behavior that Control is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including 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 The facility does not have a safety cell. 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. 1123 Kern Tehachapi PD THJ 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL The facility does not have a sobering cell. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED INMATES 1000.1.3 (g) Non-Detainable Prisoners – Developmentally Disabled Arrestees The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional 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. 1123 Kern Tehachapi PD THJ 18-20 - 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 406.3 Use of Restraints The facility administrator, in cooperation with the 406.4 Handcuffs and Plastic Cuffs responsible physician, shall develop written policies and ☒ ☐ ☐ 406.5 Spit Hoods/Masks/Socks procedures for the use of restraint devices and may delegate 406.6 Axillary Restraint Devices authority to place an inmate in restraints to a responsible 406.7 Leg Restraints health care staff. 1000.1.3 (d) Non-Detainable Prisoners – Unruly In addition to the areas specifically outlined in this or Combative persons regulation, at a minimum, the policy shall address the ☒ ☐ ☐ following areas: The facility does not accept persons likely to acceptable restraint devices; cause damage to the facility. If this occurs while signs or symptoms which should result in immediate ☒ ☐ ☐ in custody, the inmate is immediately transferred medical/mental health referral; to CRF or a medical/mental health facility. availability of cardiopulmonary resuscitation equipment; ☒ ☐ ☐ protective housing of restrained persons; ☒ ☐ ☐ provision for hydration and sanitation needs; and ☒ ☐ ☐ exercising of extremities. ☒ ☐ ☐ In no case shall restraints be used for punishment or as a ☒ ☐ ☐ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☒ ☐ ☐ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☒ ☐ ☐ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☒ ☐ ☐ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☒ ☐ ☐ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☒ ☐ ☐ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☒ ☐ ☐ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ restrain inmates for security reasons. 1123 Kern Tehachapi PD THJ 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT INMATES 1000.1.3 (a) Not-Detainable Prisoners The facility administrator, in cooperation with the 1000.3.9 Handcuffing of Pregnant Arrestees responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant The facility does not accept pregnant inmates. If inmates. In accordance with Penal Code 3407 the policy detention is necessary, they are transported to shall include reference to the following: CRF or the Mojave Substation. Use of restraints (1) An inmate known to be pregnant or in recovery after for the agency is in line with 6030 PC. 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. (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 1000.5 Prisoner 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 1000.7.5 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 ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY PENALTIES 1000.7.15 Prisoner Discipline Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary Prisoner discipline is not administered at the penalties to guide inmate conduct. facility. Any prisoner that fails to follow Such rules and disciplinary penalties shall be stated simply directives or rules would be transported to the and affirmatively, and posted conspicuously in housing units ☐ ☐ ☒ appropriate jail, medical or mental health facility and the booking area or issued to each inmate upon booking. as soon as possible. The conduct is to be documented and reported to the receiving For those inmates who are illiterate or unable to read facility. 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. 1123 Kern Tehachapi PD THJ 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR INMATE DISCIPLINE 1000.7.15 Prisoner Discipline If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections Prisoner discipline is not administered at the 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ facility. Any prisoner that fails to follow directives or rules would be transported to the Each facility administrator shall develop written policies and appropriate jail, medical r mental health facility procedures for inmate discipline. The plan shall include, but as soon as possible. The conduct is to be not be limited to, the following elements: documented and reported to the receiving facility. (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on 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. 1123 Kern Tehachapi PD THJ 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 1082 FORMS OF DISCIPLINE 1000.7.15 Prisoner Discipline. The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule Prisoner discipline is not administered at the infraction. Acceptable forms of discipline shall consist of, facility. Any prisoner that fails to follow but not be limited to, the following: directives or rules would be transported to the (a) Loss of privileges. appropriate jail, medical r mental health facility (b) Extra work detail. as soon as possible. The conduct is to be ☐ ☐ ☒ documented and reported to the receiving (c) Short term lockdown for less than 24 hours. facility. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS 1000.7.15 Prisoner Discipline. The Penal Code and the State Constitution expressly Prisoner discipline is not administered at the prohibit all cruel and unusual punishment. Additionally, facility. Any prisoner that fails to follow there shall be the following limitations: directives or rules would be transported to the (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ appropriate jail, medical r mental health facility consecutive days there shall be a review by the facility as soon as possible. The conduct is to be manager before the disciplinary separation status is documented and reported to the receiving continued. This review shall include a consultation with facility. 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. 1123 Kern Tehachapi PD THJ 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS 1000.7.15 Prisoner Discipline. Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered Prisoner discipline is not administered at the therefore. This requirement may be satisfied by retaining facility. Any prisoner that fails to follow copies of rule violation reports and report of the disposition ☐ ☐ ☒ directives or rules would be transported to the of each. appropriate jail, medical r mental health facility as soon as possible. The conduct is to be documented and reported to the receiving facility. 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. If YES, see remaining document for Title 15, Article 9 Are minors held in the jail cells? ☐ ☒ inspection. 1123 Kern Tehachapi PD THJ 18-20 - 14 - A351 TH PRO eff. 1/2019 (18-20).dot 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. 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 MINOR IN AN ADULT DETENTION 423.7.1 Emergency Medical Care of Juveniles in FACILITY Custody 423.7.2 Suicide Prevention of Juveniles in ☒ ☐ ☐ Custody. 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 The facility administrator shall develop written policies and ☐ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; 423.7.2 Suicide Prevention of Juveniles in ☒ ☐ ☐ Custody. (b) use of restraints; ☒ ☐ ☐ 423.7.3 Use of Restraint Devices (c) emergency medical assistance and services; and, 423.7.1 Emergency Medical Care of Juveniles in ☒ ☐ ☐ Custody (d) prohibiting use of discipline. 423.7.4 Discipline of Juveniles ☒ ☐ ☐ The facility prohibits any form of discipline for juveniles in custody. 1143 CARE OF MINORS IN TEMPORARY CUSTODY 423.3.1 Temporary Custody Requirements ☒ ☐ ☐ 423.4.6 Mandated Juvenile Provisions (a) The following shall be made available to all minors held in temporary custody: 1123 Kern Tehachapi PD THJ 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 (1) access to toilets and washing facilities; 423.3.1 (a) ☒ ☐ ☐ 423.4.6 (a) (2) one snack upon request during term of temporary custody if the minor has not eaten within the past four (4) 423.3.1 (b) hours or is otherwise in need of nourishment; ☒ ☐ ☐ 423.4.6 (b) (3) access to drinking water; and, 423.3.1 (c) ☒ ☐ ☐ 423.4.6 (c) (4) privacy during consultation with family, guardian, and/or lawyer. 423.3.1 (d) ☒ ☐ ☐ 423.4.6 (d) (5) blankets and clothing, as necessary, to assure the comfort of the minor; and, 423.4.6 (e) ☒ ☐ ☐ Youth are never placed in a cell; the facility only allows for non-secure custody. Youth remain in their own clothing and are offered comfort items. (6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is 423.4.6 (e) required to be utilized as evidence of an offense. Youth are never placed in a cell as the facility only ☒ ☐ ☐ allows for non-secure custody. Youth remain in their own clothing and are offered comfort items. If a youths clothing is required as evidence or is unsuitable, the jail provides clothing for the youth. 1144 CONTACT BETWEEN MINORS AND ADULT PRISONERS 423.3.2 Non-Contact Requirements ☒ ☐ ☐ 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. 1123 Kern Tehachapi PD THJ 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 1145 DECISION ON SECURE CUSTODY 423.4.2 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 serious security risk of harm to self or others, the officer may 423.4.2 (a)1 ☒ ☐ ☐ 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 taken into custody; ☒ ☐ ☐ 423.4.2 (a)2 (c) minor's behavior, including the degree to which the minor appears to be cooperative or non-cooperative; ☒ ☐ ☐ 423.4.2 (a)3 (d) the availability of staff to provide adequate supervision or protection of the minor; and, ☒ ☐ ☐ 423.4.2 (a)4 (e) the age, type, and number of other individuals who are detained in the facility. ☒ ☐ ☐ 423.4.2 (a)5 1146 CONDITIONS OF SECURE CUSTODY 423.4.2 (b) Secure Custody - Conditions 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 423.4.3 Secure Detention of Juveniles ENCLOSURE The department had one youth in secure custody, (a) Minors shall receive adequate supervision which, at a handcuffed to a rail, in 2019. The circumstances ☒ ☐ ☐ minimum, includes: of the secure custody were that the youth had slipped out of handcuffs prior to secure detention. The youth was in secure custody for 11 minutes prior to transport to Kern County JH. 1123 Kern Tehachapi PD THJ 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 (1) constant auditory access to staff by the minor; and, ☒ ☐ ☐ 423.4.3 (b)1 (2) safety checks, as defined in Section 1006, of the minor by staff of the law enforcement facility, at 423.4.3 (b)2 ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same locked room unless under constant direct visual ☒ ☐ ☐ 423.4.3 (c) observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE CUSTODY OUTSIDE OF A LOCKED 423.4.3 (a) Secure Detention of Juveniles ENCLOSURE ☒ ☐ ☐ The policy states 30 minutes. Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety while ☒ ☐ ☐ 423.4.3 (a)1 secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ 423.4.3 (a)3 approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes thereafter shall 423.4.3 (a)3 ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CUSTODY 423.4.1 Non-Secure Custody Minors held in temporary custody, who do not meet the The department had 7 youth in non-secure criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ detention in 2019. We reviewed each incident of the Welfare and Institutions Code, may be held in non- and found 6 were released or transported to JH in secure custody to investigate the case, facilitate release of less than an hour, one was released in one hour, the minor to a parent or guardian, or arrange for transfer of fifteen minutes. the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- SECURE CUSTODY 423.4.1 Non-Secure Custody Minors held in non-secure custody shall receive constant Requires constant personal visual supervision. 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. 1123 Kern Tehachapi PD THJ 18-20 - 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 1151 MINORS UNDER THE INFLUENCE OF ANY INTOXICATING SUBSTANCE IN SECURE OR 423.8 Intoxicated or Substance Abusing Minors NON-SECURE CUSTODY The facility requires medical clearance for non- Facility administrators shall develop policies and procedures ☒ ☐ ☐ secure detention or prior to delivery to Kern providing that a medical clearance shall be obtained for County Juvenile Hall. 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 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 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. 1123 Kern Tehachapi PD THJ 18-20 - 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 Number of violations 0 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 facility. 207.1(d)(1)(B) SECURE CUSTODY Number of violations: 0 Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. 207.1(d)(1)(C) ADVISEMENTS Number of violations: 0 The minor is informed at the time he or she is securely Policy indicates the advisement is made as soon detained of the purpose of the secure detention, of the as the youth enters the facility. ☒ ☐ ☐ length of time the secure detention is expected to last, and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Number of violations: 0 Contact between the minor and adults confined in the ☒ ☐ ☐ 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 Number of violations: 0 A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Number of violations: 0 Minors have been detained in non-secure custody in the ☒ ☐ ☐ law enforcement facility for longer than six hours. 1123 Kern Tehachapi PD THJ 18-20 - 20 - A351 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 2010 BSCC Code: 1123 FACILITY NAME: Tehachapi Police Department FACILITY TYPE: THF APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: 2005: OTHER: 2010 FIELD REPRESENTATIVE: Elizabeth Gong DATE: February 10, 2020 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) A weapons locker is mounted in sally port. Contains a weapons locker, designed as outlined in these X regulations. Contains a cell or room for confinement pending booking X Contains a detoxification cell (WA in TH; NA in CH) There is no so sobering cell at this facility. 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X There is no safety cell at this facility. Shower room available There is a shower is located outside of the holding X 2-99: Access to shower must be within the secure area cell/booking area. Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running water The sink and shower are outside of the holding X cell/booking area. Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates The holding cells are limited to 3 arrestees each, X limited by bench space requirement of 18” per inmate. Is not smaller than 40 square feet and has a clear ceiling There are 3 holding cells, one of which has an height of 8 feet or more X observation window and has not been used for inmate confinement. Contains sufficient seating to accommodate all inmates X Holding cells can hold 3 inmates. Contains water closet (toilet), washbasin, and drinking There is no toilet, washbasin and drinking X fountain fountain in any of the cells. Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or more Sec. 1231.3.5 requires 76” for sleeping. The benches in each cell is 66”, therefore, inmates X cannot be held longer than 12 hours, per regulation and the facility policy. Temporary Staging Cell or Room (2.3) There is no staging cell at this facility. Holds inmates classified and segregated per Title 15 § 1050 and 1053 X 1123 Kern Tehachapi THF PHY 18-20 - 1 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Detoxification/Sobering Cell (2.4) There is no sobering cell at this facility. 01: Name change to “sobering cell” Contains 20 square feet of floor area per inmate X Safety Cell (2.5) There is no safety cell at this facility Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more X Safety Equipment Storage (2.19) Safety equipment is stored in adjacent sally port. Adequate space is provided to store equipment such as fire X extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Lockable, containing a mop sink and storage space X 01: Mop sink may be separate from janitors’ closet Audio or Visual Monitoring (2.22) The cells and booking area have an audio There is an audio monitoring system capable of alerting monitoring system. staff in a central control. When visual electronic surveillance is use, it is located primarily in corridors, X elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and maintaining X fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) There is one interview room located inside Available and provides for confidentiality X secured perimeter. Water Closets (Toilets)/Urinals (3.1) There is a toilet inside the perimeter, but not in Provide for inmate privacy/modesty with staff being able to any cell. Inmates using the toilet are behind a visual supervise; provided at a ratio of 1:16 in holding and metal door with no availability for staff X staging cells. See regulation for calculations of urinal supervision. substitutions. Washbasins (3.2) There is no water available in holding cells, only Provide hot and cold or tempered water; provided at a ratio in the bathroom adjacent to cells. of 1:16 in holding and staging cells. See regulation for X calculations of washbasin trough substitutions. 1123 Kern Tehachapi THF PHY 18-20 - 2 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Drinking Fountains (3.3) There is no fountain in the cells, only in the 2-99: Available in each temporary holding, staging and bathroom adjacent to cells. sobering cell. X Water outlet (bubbler) is mechanically actuated and at an The drinking fountain is located in the bathroom, angle that prevents wastewater from flowing over the outlet outside the cells. (bubbler); there is a mouth guard on the water outlet (bubbler). 2-99: Mouth guard requirement deleted X Showers (3.4) (NA in CH) A shower is available in the secure area adjacent Available in the security area; provide hot and cold or to the cells. tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. X 1123 Kern Tehachapi THF PHY 18-20 - 3 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Beds/Bunks (3.5) (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches By policy, agency limits holding inmates no between pans; constructed of pan bottom type or concrete; X longer than 12 hours, as there is no bed for the securely fastened to the floor and/or wall in facilities higher purposes of sleeping in any cell. than minimum security. 01: Must be elevated off the floor. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) There is an observation window in the juvenile Windows that are accessible to inmates are no greater than 5 X cell which is 2” x 3”. The window opens to the inches in on dimension. squad room wherein an exterior door is located. Cell Padding (3.8) The floors and partition are padded in detoxification- sobering cells. In safety cells, floors, doors, walls and everything on them are padded. All padded cells are X equipped with a tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; X firmly bonded to all surfaces; and, without exposed seams. Seating (3.10) Bench seating is a poured concrete block. Seating Seating is designed to the level of security. When bench capacity limits cell occupancy to 3 inmates per seating is used, eighteen inches of bench are provided per cell. inmate. X 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) A weapons locker is located in the sally port. A secure weapons locker is located outside the security perimeter of the facility and no weapons are brought into X the security area. Lockers have individual compartments, locks and keys. 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: X areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 1123 Kern Tehachapi THF PHY 18-20 - 4 - A382 PHY CH-TH 94 99 01 05.dot (8/05) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 1123 FACILITY: Tehachapi Police Department TYPE: THF RC: 0 FIELD REPRESENTATIVE: Elizabeth Gong DATE: February 10, 2020 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S 1-3 Holding 2010 3 0 (3) (9) 88” x 66” x 98” Notes: There is a 66” bench in each holding cell, which can hold up to 3 inmates. Toilet and sink located adjacent to cells. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 1123 Kern Tehachapi THF LASE 18-20 (1) A360 LAS Adult-05.dot (8/05)