Kern County, Tehachapi Police Department (2020-2022 inspection cycle)

May 6, 2022 Kent Kroeger, Chief of Police Tehachapi Police Department 220 W C St. Tehachapi, CA 93561 2020/2022 BIENNIAL INSPECTION, PENAL CODE 6031, WELFARE & INSTITUTION CODE 209 OF THE TEHACHAPI POLICE DEPARTMENT TEMPORARY HOLDING Dear Chief Kroeger: The 2020/2022 biennial inspection of the Tehachapi Police Department’s Temporary Holding Facility has been completed. A pre-inspection briefing was held on March 16, 2022 and the facility was inspected on April 20, 2022. Pursuant to Penal Code Section 6031, these inspections were performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the separation requirements of juveniles from incarcerated adults. The complete Board of State and Community Corrections (BSCC) inspection report is enclosed and consists of the following: this transmittal letter; a Title 15 Procedures checklist, outlining applicable minimum standards for juvenile detention facilities; a Physical Plant Evaluation, outlining applicable Title 24 minimum standards; and the Living Area Space Evaluation (LASE), summarizing the physical plant configuration and outlining the rated capacity of the Tehachapi Police Department’s Temporary Holding Facility. Please refer to the Title 15 Procedures Checklist for a summary of all relevant minimum standards, indication of compliance or noncompliance, and information used to determine compliance. MANDATORY LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Results of those inspections are considered a part of this report. The dates of the local inspections are listed below. We encourage the practice of maintaining a permanent file for historical copies of all inspections including documentation of corrections made following the inspection. Chief Kroeger, Tehachapi Police Department 5-6-2022 Page 2 FACILITY FIRE MEDICAL/MENTAL ENVIRONMENTAL NUTRITIONAL NAME INSP. HEALTH HEALTH HEALTH Tehachapi 3-22-2022 3-8-2022 3-8-2022 3-8-2022 Police Department’s Temporary Holding Facility SCOPE OF THE INSPECTION The inspection consisted of a review of the Tehachapi Police Department’s Policy and Procedure Manual1, a site visit to review operations, physical plant, relevant documentation, and interviews with administration, facility staff, inmates and collaborative partners. INSPECTION RESULTS Title 15, CCR Minimum Standards Upon final review of all documentation, there are no outstanding items of noncompliance with Title 15 at the Tehachapi Police Department’s Temporary Holding Facility. No corrective action is required at this time. Title 24, CCR 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. There were no changes made to the physical plant and your rated capacity remains at (9). Please see the Physical Plant Evaluation for more information. We identified the following item of noncompliance: Section 1231.2.2: There is no toilet, sink or drinking fountain in the cells; therefore, the facility is non-compliant with this section which states, in part, “ cells must “contain a toilet, wash basin and drinking fountain as specified in Section 1231.2).” 1 BSCC reviews only those policy and procedures required by, and applicable to, Title 15, CCR. BSCC staff do not “approve” policies and procedures or assess them for constitutional or legal issues. Agencies should seek review through their legal advisor, risk manager, and other persons deemed appropriate for such evaluation. Chief Kroeger, Tehachapi Police Department 5-6-2022 Page 3 Training According to the most recent Standards and Training for Corrections audit, Tehachapi Police Department’s Department is in compliance with all relevant regulations and mandates and mitigating circumstances if applicable. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring We reviewed 3 non-secure detention logs, and found no violations of the JJDPA. Please refer to Title 15 Procedures checklist for detailed information. 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. On April 20, 2022, BSCC staff held an Exit Brief with your staff. During that brief, BSCC staff provided an overview of the biennial inspection and provided technical assistance and best practices. Thank you to Sgt. Funderburk for assistance with the inspection by gathering documents for review and escort during the onsite inspection. This concludes the 2020/2022 biennial inspection report. I am available to assist as needed and happy to provide technical assistance when requested. I look forward to continuing to work together. Please do not hesitate to email me at james.peak@bscc.ca.gov or call (916) 516-4022 if you have any questions. Sincerely, James Peak Field Representative Facilities Standards and Operations Division Enclosures cc: Greg Garrett, City Manager, City of Tehachapi* Kern County Grand Jury * Presiding Judge, Kern County Superior Court * Chair Juvenile Justice Commission, Kern County * **Copies of full inspection are available online at www.bscc.ca.gov. TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 1123 FACILITY NAME: Tehachapi Police Department Jail FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sgt. Drew Funderburk FIELD REPRESENTATIVE: James Peak DATE: April 20, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 1000.1.1 Supervision of Prisoners HOLDING FACILITY TRAINING 1000.1.1 (a) to (e) Custodial personnel who supervise inmates in, and The agency provided training rosters supervisors of, a Court Holding or Temporary Holding documenting personnel have received the facility shall complete 8 hours of specialized training. Such required training and are compliant with this training shall include, but not be limited to: regulation. (a)applicable minimum jail standards; (b)jail operations liability; ☒ ☐ ☐ (c)inmate segregation; (d) emergency procedures and planning, fire, and life safety; and, (e)suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in 1000.1.1 Supervision of Prisoners any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Such training shall be completed as soon as Successful completion of Core training or supplemental ☒ ☐ ☐ practicable, but in any event not more than six Core training, pursuant to Section 1020, Corrections Officer months after the date of assigned responsibility. Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once 1000.1.1 Supervision of Prisoners every two years. Successful completion of the requirements in Section 1025, Continuing Professional Training may be Eight hours of refresher training shall be substituted for the eight-hour refresher. completed once every two years (15 CCR § ☒ ☐ ☐ 1024). A record of such training shall be maintained in the employee’s training file. 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 20-22 -1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL 1000.1.1 Supervision of Prisoners 1000.2.1 Staffing Plan A sufficient number of personnel shall be employed in each local detention facility to ensure the implementation and The Facility Administrator shall prepare and operation of the programs and activities required by these retain a staffing plan which will indicate regulations. assigned personnel and their duties. The plan ☒ ☐ ☐ shall be available for biennial review by the Board of State and Community Corrections (BSCC) staff. The review and recommendations of the BSCC biennial review shall be forwarded to the Chief of Police, as required by 15 CCR § 1027. Whenever there is an inmate in custody, there shall be at 1000.1.1 Supervision of Prisoners 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 1000.1.1 Supervision of Prisoners 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 1000.1.1 Supervision of Prisoners shall be at least one female employee who shall be immediately available and accessible to such females. Whenever one or more female inmates is in Note: Reference PC§ 4021. custody, there shall be at least one female employee, who shall be immediately available and accessible to such females (15 CCR § ☒ ☐ ☐ 1027). The agency stated if no female personnel are available, then female arrestees are taken directly to Kern County Sheriff’s Department. To determine if there is a sufficient number of personnel for 1000.1.1 Supervision of Prisoners a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the BSCC staff reviewed the staff roster for the day facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ of the inspection and determined 2 officers and a reviewed by the Board staff at the time of their biennial sergeant were on duty, in addition to dispatchers inspection. The results of such a review and at the station. recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 1000.3.1 Supervision of Prisoners Safety checks shall be conducted at least hourly through During this inspection cycle, due to Covid direct visual observation of all inmates. There shall be no protocols, only 2 persons had been detained in ☒ ☐ ☐ more than a 60-minute lapse between safety checks. the facility. The Safety Check logs were determined to be compliant with the regulation. Checks were completed within the specified time frames of this regulation. There is a written plan that includes the documentation of 1000.3.2 Logs Entries and Security Checks ☒ ☐ ☐ routine safety checks. 1123 Kern Tehachapi PD THJ 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1028 FIRE AND LIFE SAFETY STAFF 1000.1.1 Supervision of Prisoners Whenever there is an inmate in custody, there shall be at All personnel are trained in Fire and Life Safety ☒ ☐ ☐ least one person on duty at all times who meets the training after completion of the academy by other staff or standards established by the BSCC for general fire and life available STC approved classes. safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 1000.1.1 Supervision of Prisoners person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Tehachapi PD Policy and Procedures Manual Facility administrator(s) shall develop and publish a manual 1000.1 Purpose and Scope of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and The facility manual is updated annually or as Title 24 regulations and shall be comprehensively reviewed needed. It was last updated March 29, 2022 for and updated at least every two years. Such a manual shall be compliance with the regulation. 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 1000.2 Department Organization and ☒ ☐ ☐ communications. Responsibility (2) Inspections and operations reviews by the facility 1000.2 (b) Facility Manager ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 400 Use of Force (4) Policy on the use of restraint equipment, including the 406 Handcuffing and Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 1000.3.9 Handcuffing of Pregnant Arrestees Section 3407. (5) Procedure and criteria for screening newly received 1000.3.3 Prisoner Classification, Screening and inmates for release per Penal Code sections 849(b)(2) and Segregation 853.6, and any other such processes as the facility ☒ ☐ ☐ 1000.7.7 Statutory Requirements for Citations administrator is empowered to use. Releases (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ 1000.3.2 (b) Log Entries and Security Checks (B) searches of the facility and inmates, 1000.4 Temporary Holding Facility Searches ☒ ☐ ☐ 1002 Custodial Searches (C) contraband control, and ☒ ☐ ☐ 1002 Custodial Searches (D) key control. ☒ ☐ ☐ 1003.1(c) Fire Safety Each facility administrator shall, at least annually, review, 1000.2 (b) Facility Manager evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ Date of annual security review: 3-29-2022 measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. 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 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (7) Emergency procedures include: 1003.1.1 Fire Procedures (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; A Fire Suppression Preplan was approved by the Kern County Fire Department on 3-22-2022. (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 1003.3 Escapes / 1003.4 Hostages (C) mass arrests; ☒ ☐ ☐ 1003.5 Mass Arrests (D) natural disasters; ☒ ☐ ☐ 1003.2.5 Citywide or Regional Disaster (E) periodic testing of emergency equipment; and ☒ ☐ ☐ 1003.1 Fire Safety (F) storage, issue, and use of weapons, ammunition, 100.7.1 Security (a) to (e) ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. 423.3.2 Suicide Prevention of Juveniles In ☒ ☐ ☐ Custody 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 1004.2 Policy / 1004.3 PREA Coordinator ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 1004.2 Policy to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 1004.3 PREA Coordinator Type I, II, III, and IV facilities shall provide for, but not be 1004.4Reporting 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 ☒ ☐ ☐ The agency has signs posted in the holding area inmates or staff for reporting sexual abuse and sexual for arrestees to read and report sexual abuse and harassment, and staff neglect or violation of sexual harassment. responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, 1004.3 PREA Coordinator community members, and other interested third parties to report sexual abuse or sexual harassment. The The agency has signage posted in the lobby for method for reporting shall be publicly posted at the ☒ ☐ ☐ the public to read and ways to report sexual facility. abuse or sexual harassment. 1030 SUICIDE PREVENTION PROGRAM 1000.3.5 Suicide Prevention 1000.1.3 (e) Non-detainable prisoners – A The facility shall have a comprehensive written suicide prisoner who is or may be contemplating 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 1000.1.1 Supervision of Prisoners ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon 1000.3.3(c) Prisoner Classification, Screening intake and prior to housing assignment. ☒ ☐ ☐ And Segregation (c) Provisions facilitating communication among 1000.3.3(c) Prisoner Classification, Screening arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ And Segregation mental health personnel in relation to suicide risk. 1000.3.6 Suicide Attempts or Suicide Threats (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ 1000.3.5 D Suicide Prevention (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ 1000.3.5 D Suicide Prevention 1123 Kern Tehachapi PD THJ 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (f) Suicide attempt and suicide intervention policies and 1000.3.6 Suicide Attempts or Suicide Threats ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ 1000.3.6 Suicide Attempts or Suicide Threats (h) Multi-disciplinary administrative review of suicides and 1000.7.13 Death of a Prisoner attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 1032 FIRE SUPPRESSION PREPLANNING 1003.1 Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility A Fire Suppression Preplan was approved by the administrator shall consult with the local fire department ☒ ☐ ☐ Kern County Fire Department on 3-22-2022. 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 1003.1.1(c) 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 1003.1 Fire Safety monthly basis with two-year retention of the inspection record; BSCC staff reviewed the past two years of ☒ ☐ ☐ monthly fire safety checks and determined them to be compliant with this regulation. (c) fire prevention inspections as required by Health and 1003.1 Fire Safety Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Current Fire Inspection occurred on March 22, inspections at least once every two years; 2022. (d) an evacuation plan; and 1003.2 Evacuation of Temporary Holding ☒ ☐ ☐ Facility (e) a plan for the emergency housing of inmates in the case of 1003.2.4 Evacuation Formation Area ☒ ☐ ☐ fire. 1044 INCIDENT REPORTS 1000.3.10 Reporting Physical Harm or Serious Threat of Physical Harm Each facility administrator shall develop written policies and procedures for the maintenance of written records and The agency reported there were no incidents in reporting of all incidents which result in physical harm, or ☒ ☐ ☐ the facility during this inspection cycle. If an serious threat of physical harm, to an employee or inmate of incident had occurred, it would be documented a detention facility or other person. per policy 1000.3.10. Compliance was determined by policy review. Such records shall include the names of the persons 1000.3.10 Reporting Physical Harm or Serious involved, a description of the incident, the actions taken, and ☒ ☐ ☐ Threat of Physical Harm the date and time of the occurrence. Such a written record shall be prepared by the staff assigned 1000.3.10 Reporting Physical Harm or Serious to investigate the incident and submitted to the facility ☒ ☐ ☐ Threat of Physical Harm manager or his/her designee. 1046 DEATH IN CUSTODY 1000.7.13 Death of a Prisoner 423.7.5 Death of a juvenile while detained (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. 1123 Kern Tehachapi PD THJ 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Deaths shall be reviewed to determine the appropriateness of 1000.7.13 Death of a Prisoner clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 423.7.5 Death of Juvenile while Detained 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 423.7.5 Death of Juvenile while Detained 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 423.7.5(b) Death of Juvenile while Detained 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 Segregation (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written BSCC staff reviewed “booking paperwork” classification plan designed to properly assign inmates to which included biographical information, housing units and activities according to the categories of sex, medical questionnaire, classification questions, age, criminal sophistication, seriousness of crime charged, mental health questions, and questions regarding physical or mental health needs, assaultive/non-assaultive PREA. The agency is complaint with this behavior, risk of being sexually abused, or sexually harassed regulation. 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 1000.3.3(b) Prisoner Classification, Screening for male or female inmates, and in making other housing and and Segregation 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 Communicable Diseases The facility administrator, in cooperation with the 1000.1.3(b) Non-Detainable Prisoners responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require Compliance with this regulation was based on segregation of an inmate until a medical evaluation is review of the medical questionnaire. completed. 1123 Kern Tehachapi PD THJ 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be 1000.3.4 Medical Segregation and made of the person being booked as to whether or not he/she Communicable Diseases 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 1000.1.3 (c) Non-Detainable Prisoners 1000.3.3 Prisoner Classification, Screening and The facility administrator, in cooperation with the Segregation responsible physician, shall develop written policies and ☒ ☐ ☐ procedures to identify and evaluate all mentally disordered Compliance with this regulation was based on inmates, and may include telehealth. review of the medical questionnaire. If an evaluation from medical or mental health staff is not 1000.1.3 (c) Non-Detainable Prisoners readily available, an inmate shall be considered mentally 1000.3.3 Prisoner Classification, Screening and disordered for the purpose of this section if he or she appears Segregation 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. Segregation may be used if necessary to protect the safety of 1000.1.3 (c) Non-Detainable Prisoners ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 1000.3.3 Prisoner Classification, Screening and Segregation Except in Type IV facilities, each facility administrator shall 1000.1.3 (d) Non-Detainable Prisoners develop written policies and procedures which provide for the administrative segregation of inmates who are Compliance with this regulation was based on determined to be prone to: promote activity or behavior that review of policy and onsite inspection. 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 1000.3.3 Prisoner Classification, Screening and secure housing but shall not involve any other deprivation of Segregation ☒ ☐ ☐ privileges than is necessary to obtain the objective of 1000.1.3 (d) Non-Detainable Prisoners protecting the inmates and staff. 1055 USE OF SAFETY CELL 1000.1.3 (d) Non-Detainable Prisoners The safety cell described in Title 24, Part 2, Section This facility does not have safety cells ☐ ☐ ☒ 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. 1123 Kern Tehachapi PD THJ 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 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 1000.1.3 (d) Non-Detainable Prisoners The sobering cell described in Title 24, Part 2, Section This facility does not have sobering cells 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 1000.1.3 (g) Non-Detainable Prisoners INMATES Compliance with this regulation was based on The facility administrator, in cooperation with the review of policy and onsite inspection. ☒ ☐ ☐ 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. 1123 Kern Tehachapi PD THJ 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The health authority or designee shall contact the regional 1000.1.3 (g) Non-Detainable Prisoners 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 1000.7.1(e) Security - Restraint devices such as handcuffs, disposable cuffs, belly-chains and leg restraints shall be used in accordance with The facility administrator, in cooperation with the department policy and only with the approval of responsible physician, shall develop written policies and the Shift Supervisor. procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. The facility does not accept arrestees who may ☐ ☐ ☒ pose a threat to the facility. They are transported directly to the Kern County Sheriff’s Department. The facility does not use a restraint chair or WRAP device. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. 1123 Kern Tehachapi PD THJ 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 406.3.2 Restraint of Pregnant Persons 1000.1.3 (a) Non-Detainable Prisoners The facility administrator, in cooperation with the Any person who is sick, injured or who has any responsible physician, shall develop written policies and other medical condition, including pregnant procedures for the use of restraint devices on pregnant females, who may require medical attention, inmates. In accordance with Penal Code 3407 the policy supervision or medication during confinement. shall include reference to the following: ☐ ☐ ☒ 1000.3.9 Handcuffing of Pregnant Arrestees The facility does not accept pregnant arrestees. The arrestees are restrained in accordance with CPC 6030 and transported to Kern County Sheriff’s Department. (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. (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 1000.5.1 Telephone call procedures 1000.7.5 Attorney 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 Not applicable due to arrestees are held for less regulations, and ☐ ☐ ☒ than 24 hours. Agency practice is to transfer within 6 hours. (b) confidential consultation with attorneys. ☒ ☐ ☐ 1000.7.5(e) Attorney and Bail Bondsman 1123 Kern Tehachapi PD THJ 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY PENALTIES 1000.7.15 Prisoner Discipline Wherever discipline is administered, each facility Prisoner discipline will not be administered in administrator shall establish written rules and disciplinary this facility. Any prisoner who repeatedly fails to penalties to guide inmate conduct. ☐ ☐ ☒ follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility (15 CCR § 1081). 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 1000.7.15 Prisoner Discipline If discipline is NOT administered, written policy should Prisoner discipline will not be administered in indicate as such. If discipline is administered, Sections this facility. Any prisoner who repeatedly fails to 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ follow directions or facility rules should be transported to the appropriate jail, mental health Each facility administrator shall develop written policies and facility or hospital as soon as practicable. Such procedures for inmate discipline. The plan shall include, but conduct should be documented and reported to not be limited to, the following elements: the receiving facility (15 CCR § 1081). (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. 1123 Kern Tehachapi PD THJ 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours 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 factfinders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE 1000.7.15 Prisoner Discipline The degree of punitive actions taken by the disciplinary Prisoner discipline will not be administered in officer shall be directly related to the severity of the rule this facility. Any prisoner who repeatedly fails to infraction. Acceptable forms of discipline shall consist of, follow directions or facility rules should be but not be limited to, the following: transported to the appropriate jail, mental health (a) Loss of privileges. facility or hospital as soon as practicable. Such (b) Extra work detail. conduct should be documented and reported to ☐ ☐ ☒ the receiving facility (15 CCR § 1081). (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. 1123 Kern Tehachapi PD THJ 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY 1000.7.15 Prisoner Discipline ACTIONS Prisoner discipline will not be administered in The Penal Code and the State Constitution expressly this facility. Any prisoner who repeatedly fails to prohibit all cruel and unusual punishment. Additionally, follow directions or facility rules should be there shall be the following limitations: transported to the appropriate jail, mental health (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ facility or hospital as soon as practicable. Such consecutive days there shall be a review by the facility conduct should be documented and reported to manager before the disciplinary separation status is the receiving facility (15 CCR § 1081). 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. (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. 1123 Kern Tehachapi PD THJ 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS 1000.7.15 Prisoner Discipline Penal Code Section 4019.5 requires that a record is kept of Prisoner discipline will not be administered in all disciplinary infractions and punishment administered, this facility. Any prisoner who repeatedly fails to therefore. This requirement may be satisfied by retaining follow directions or facility rules should be ☐ ☐ ☒ copies of rule violation reports and report of the disposition transported to the appropriate jail, mental health of each. facility or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility (15 CCR § 1081). 1280 FACILITY SANITATION, SAFETY, AND 1000.7.12 Facility Sanitation and Maintenance MAINTENANCE BSCC staff found the facility neat and clean. The facility administrator shall develop written policies and The facility had regular janitorial services. procedures for the maintenance of an acceptable level of ☒ ☐ ☐ cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the 423.4.3 CUSTODY OF JUVENILE OFFENDERS detention of minors: Juvenile offenders should be held in non-secure custody (1) Deinstitutionalization of Status Offenders ☒ ☐ while at the Tehachapi Police Department unless another (2) Separation form of custody is authorized by this policy or is necessary due to exigent circumstances. (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. The facility has not held a juvenile in secure detention this cycle. 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. 1123 Kern Tehachapi PD THJ 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 423.12 Suicide Attempt, Death, or Serious Injury MINOR IN AN ADULT DETENTION of a Juvenile FACILITY 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 423 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; 423.7.2 Suicide Prevention of Juveniles in ☒ ☐ ☐ Custody (b) use of restraints; 406.3.3 Restraint of Juveniles ☒ ☐ ☐ 423.9 Use of Restraint Devices (c) emergency medical assistance and services; and 423.3.1 Emergency Medical Care of Juveniles in ☒ ☐ ☐ Custody (d) prohibiting use of discipline. ☒ ☐ ☐ 423.7.4 Discipline of Juveniles 1143 CARE OF MINORS IN TEMPORARY 423.8 Temporary Custody Requirements CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ 423.8(e) Temporary Custody Requirements (2) one snack upon request during term of temporary 423.8(f) Temporary Custody Requirements 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 ☒ ☐ ☐ 423.8(g) Temporary Custody Requirements (4) privacy during consultation with family, guardian, 423.8(i) Temporary Custody Requirements ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the 423.8(k) Temporary Custody Requirements ☒ ☐ ☐ comfort of the minor; and (6) his or her personal clothing unless the clothing is 423.8(j) Temporary Custody Requirements inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 423.7 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, 423.7 No-Contact Requirements such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1123 Kern Tehachapi PD THJ 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1145 DECISION ON SECURE CUSTODY 423.11 Secure Custody A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a 423.11 Secure Custody (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 423.11 Secure Custody (b) ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the 423.11 Secure Custody (c) ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate 423.11 Secure Custody (d) ☒ ☐ ☐ supervision or protection of the minor; and (e) the age, type, and number of other individuals who 423.11 Secure Custody (e) ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY 423.11 Secure Custody 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 423.4.5 Monitoring of Juveniles CUSTODY INSIDE A LOCKED 423.11.1 Locked Enclosures ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; and ☒ ☐ ☐ 423.11.1 Locked Enclosures (a) (2) safety checks, as defined in Section 1006, of the 423.11.1 Locked Enclosures (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 423.11.1 Locked Enclosures (e) locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1123 Kern Tehachapi PD THJ 20-22 - 16 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1148 SUPERVISION OF MINORS IN SECURE 423.11 Secure Custody, ¶ 4 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 423.11 Secure Custody, ¶ 4 direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 423.11 Secure Custody, ¶ 4 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for 423.11 Secure Custody, ¶ 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 423.4.1 Custody of Juvenile Non-Offenders CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(b) ☒ ☐ ☐ 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- 423.4.5 Monitoring of Juveniles SECURE CUSTODY The juvenile shall constantly be monitored by the Minors held in non-secure custody shall receive constant audio/video system during the entire detention. direct visual observation by staff of the law enforcement An in-person visual inspection shall be done to facility. Entry and release times shall be documented and ensure the welfare of the juvenile and shall be made available for review. Monitoring a minor using conducted at least once each half-hour, on an audio, video, or other electronic devices shall never replace ☒ ☐ ☐ unscheduled basis, until the juvenile is released. constant direct visual observation. This inspection shall not be replaced by video monitoring. This inspection shall be conducted by a designee of the Shift Supervisor, and the visual inspection shall be logged on the Inspection Log in the Shift Supervisor's office. 1151 MINORS UNDER THE INFLUENCE OF 423.3 (d) Juveniles who should not be held ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves. 1123 Kern Tehachapi PD THJ 20-22 - 17 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody in a locked room 423.3 (d) Juveniles who should not be held who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked 423.3 (d) Juveniles who should not be held room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display 423.3 (d) Juveniles who should not be held outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 1123 Kern Tehachapi PD THJ 20-22 - 18 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(b) 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(b)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations: facility. 207.1(b)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations: 207.1(b)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations: and of the maximum six-hour period and secure detention is authorized to last. 207.1(b)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: facility is restricted in accordance with WIC Section 208. 207.1(b)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 207.1(b)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the Number of violations: minor was securely detained. 207.1(b)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: law enforcement facility for longer than six hours. 1123 Kern Tehachapi PD THJ 20-22 - 19 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 2010 BSCC Code: 1123 FACILITY NAME: Tehachapi Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: 2005: OTHER: 2010 FIELD REPRESENTATIVE: James Peak DATE: April 20, 2022 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 THJ PHY 20-22 - 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 THJ PHY 20-22 - 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 THJ PHY 20-22 - 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 THJ PHY 20-22 - 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: THJ RC: 0 FIELD REPRESENTATIVE: James Peak DATE: April 20, 2022 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 THJ LASE 20-22 (1) A360 LAS Adult-05.dot (8/05)