Lake County, Clearlake Police Department (2020-2022 inspection cycle)

December 13, 2021 Andrew White, Chief of Police Clearlake Police Department 14050 Olympic Drive Clearlake, CA 95422 RE: 2020/2022 BIENNIAL INSPECTION, PENAL CODE 6031, WELFARE & INSTITUTION CODE 209 CLEARLAKE POLICE DEPARTMENT TEMPORARY HOLDING FACILITY Dear Chief White: The 2020/2022 biennial inspection of the Clearlake Police Department has been completed. A pre- inspection briefing was held on June 22, 2021, and the facility was inspected on December 8, 2021. The following facility was inspected: Clearlake Police Department Temporary Holding Facility 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 18. Please refer to the Title 15 Procedures Checklist for a summary of all relevant minimum standards, an indication of compliance or noncompliance, and information used to determine compliance. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of 1280 Lake Clearlake THJ 20-22 Chief Andrew White 12/13/2021 Page 2 your facilities. Local inspection reports are forwarded to your office under separate cover; the dates of these inspections are included below. Facility Name Fire and Life Medical/Mental Environmental Nutritional Safety Health Health Health Clearlake THJ 2/19/2020 11/11/2021 12/8/2021 N/A INSPECTION SCOPE The inspection consisted of a review of the Clearlake Police Department Jail Operations Policy and Procedure Manual1, a site visit to review operations, physical plant, relevant documentation, and interviews with administration, facility staff, people housed at the facility, and collaborative partners. BSCC INSPECTION Title 15, CCR Minimum Standards The inspection consisted of reviewing policies and procedures related specifically to applicable Title 15, CCR sections, a site visit to review operations, a physical plant evaluation, a review of relevant documentation, and interviews with administration staff, facility staff, and inmates collaborative partners. No items of noncompliance: Upon final review of all documentation, there are no outstanding items of noncompliance with Title 15 at the Clearlake Police Department Temporary Holding Facility. No corrective action is required at this time. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There are no outstanding items of noncompliance with Title 24 minimum standards. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring We reviewed the agency’s documentation for minors in detention and found no violations of the JJDPA. There were no juveniles held at the temporary holding facility during this inspection cycle. Please refer to the Title 15 Procedures checklist for detailed information. 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. 1280 Lake Clearlake THJ 20-22 Chief Andrew White 12/13/2021 Page 3 CORRECTIVE ACTION PLAN On December 8, 2021, BSCC staff held an Exit Briefing with you and your staff at the conclusion of the inspection. During that briefing, BSCC staff provided an overview of the biennial inspection and provided technical assistance and best practices. Because there were no noncompliance issues, your agency is not required to provide a Corrective Action Plan. This concludes the 2020-2022 biennial inspection cycle report of the Clearlake Police Department Holding Facility. We want to express our gratitude for your assistance in gathering the documentation needed to complete this inspection. We look forward to working with you in the future to provide technical assistance. If you should have any questions, please contact me by email at steven.wicklander@bscc.ca.gov. Sincerely, STEVEN WICKLANDER Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, Clearlake* City Manager, City of Clearlake* Lake County Grand Jury* Presiding Judge, Lake County Superior Court* Chair, Juvenile Justice Commission, Lake County* *Copies of full inspection are available upon request or are available online at www.bscc.ca.gov. 1280 Lake Clearlake THJ 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 1280 FACILITY NAME: Clearlake Police Dept – Holding Facility FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Chief Andrew White and Sergeant Snyder FIELD REPRESENTATIVE: Steven Wicklander DATE: 12/8/2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 800.12 Training HOLDING FACILITY TRAINING The agency provided training rosters Custodial personnel who supervise inmates in, and documenting they have completed Court & supervisors of, a Court Holding or Temporary Holding Temporary Holding Facility training for facility shall complete 8 hours of specialized training. Such compliance with this regulation. training shall include, but not be limited to: (a) applicable minimum jail standards; When officers who do not have the Court & (b) jail operations liability; Temporary Holding Facility training use the (c) inmate segregation; ☒ ☐ ☐ temporary holding cells and no one who has had the training is available, your agency would be (d) emergency procedures and planning, fire and life considered noncompliant with this regulation safety; and, during those times. (e) suicide prevention. Each agency shall determine if additional training is needed The holding cells have not been used during this based upon, but not limited to, the complexity of the facility, inspection cycle. 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 800.12 Training 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 800.12 Training 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 800.3.2 Supervision in Temporary Custody 800.3.3 Staffing Plan A sufficient number of personnel shall be employed in each Clearlake Police Temporary Holding Facility ☒ ☐ ☐ local detention facility to ensure the implementation and Staffing Plan and Inmates in Custody [Title 15, operation of the programs and activities required by these Sec 1027] 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. 1280 Lake Clearlake THJ 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 800.3.2 Supervision in Temporary Custody 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 800.3.2 Supervision in Temporary Custody 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 800.3.2 Supervision in Temporary Custody shall be at least one female employee who shall be immediately available and accessible to such females. Compliance with this regulation is based on Note: Reference PC§ 4021. policy review, a log review, and an onsite inspection. The agency has had no persons held in secure custody during this inspection cycle. ☒ ☐ ☐ The agency has only used the intake area as a processing center for Live-Scanning persons before they are taken to the county jail or released on OR. To determine if there is a sufficient number of personnel for 800.3.3 Staffing Plan a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 800.8 Holding Cells 800.3.2 Supervision in Temporary Custody Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no Compliance with this regulation is based on more than a 60-minute lapse between safety checks. policy review, a log review, and onsite inspection. The agency has had no persons held ☒ ☐ ☐ in secure custody during this inspection cycle. The agency has only used the intake area as a processing center for Live-Scanning persons before they are taken to the county jail or released on OR. There is a written plan that includes the documentation of 800.8 Holding Cells routine safety checks. The agency’s Temporary Holding Facility Classification Form states that safety checks will ☒ ☐ ☐ be conducted every thirty minutes, and if a person is held for over six hours, a supervisor will be notified. 1028 FIRE AND LIFE SAFETY STAFF 800.3.3 Staffing Plan Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) 1280 Lake Clearlake THJ 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager shall ensure that there is at least one 800.3.3 Staffing Plan person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Clearlake Police Department Temporary Custody of Adults Facility administrator(s) shall develop and publish a manual Temporary Custody of Juveniles of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Polices have review dates from March of 2020 Title 24 regulations and shall be comprehensively reviewed through January 2021 for compliance with this and updated at least every two years. Such a manual shall be 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 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 800.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ Operation Policy 300 Use of Force (4) Policy on the use of restraint equipment, including the 800.6 Use of Restraint Devices (Prohibited) restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 800.6.1 Pregnant Adults Section 3407. (5) Procedure and criteria for screening newly received 800.2 Policy inmates for release per Penal Code sections 849(b)(2) and 800.4.1 Screening and Placement ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, 800.4 Initiating Temporary Custody ☒ ☐ ☐ 800.8 Holding Cells (B) searches of the facility and inmates, 800.8 Holding Cells ☒ ☐ ☐ 801 Custodial Searches (C) contraband control, and, 800.8 Holding Cells ☒ ☐ ☐ 801 Custodial Searches (D) key control. ☒ ☐ ☐ 800.14 Key Control Each facility administrator shall, at least annually, review, 800.13 Annual Review of Security Measures evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ Date of annual security review: 11/8/2021 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. 1280 Lake Clearlake 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: 800.11 Assigned Administrator (A) fire suppression preplan as required by section 800.15 Emergency Procedures 1032 of these regulations; The agency provided documentation for their ☒ ☐ ☐ Fire Suppression Preplan signed by the Lake County Fire Protection District Chief and the Chief of Police approving the plan. The plan is dated 3/3/2020. (B) escape, disturbances, and the taking of hostages; 800.15.3 Taking of Hostages ☒ ☐ ☐ 800.15.2 Disturbances/Civil Disturbance 800.15.1 Escape (C) mass arrests; ☒ ☐ ☐ 800.15.6 Mass Arrests (D) natural disasters; ☒ ☐ ☐ 800.15.4 Natural Disasters (E) periodic testing of emergency equipment; and, 800.15.5 Periodic Testing of Emergency ☒ ☐ ☐ Equipment (F) storage, issue, and use of weapons, ammunition, 800.5.7 Firearms and Other Security Measures ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. 800.4 Initiating Temporary Custody 800.4.1 Screening and Placement 800.9 Suicide Attempt, Death, or Serious Injury ☒ ☐ ☐ 800.12 Training 800.3.1 Individuals Who Should Not Be in Temporary Custody (9) Segregation of Inmates. 800.4.1 Screening and Placement ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual abuse and 802 Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 802 Prison Rape Elimination to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 802 Prison Rape Elimination Type I, II, III, and IV facilities shall provide for, but not be Policy 1008.3.2 – Sources of Complaints limited to, the following: Policy 1008.4.2 – Written, In Person, Via (1) multiple internal ways for inmates to privately report Telephone sexual abuse and sexual harassment, retaliation by other inmates or staff for reporting sexual abuse and sexual ☒ ☐ ☐ The agency provided has signs posted in the harassment, and staff neglect or violation of holding area for arrestees to read. The agency responsibilities that may have contributed to such also has digital signage in the public lobby incidents, indicating how to report sexual abuse and sexual harassment. 1280 Lake Clearlake THJ 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved inmates, family, 802 Prison Rape Elimination community members, and other interested third-parties Policy 1008.3.2 – Sources of Complaints to report sexual abuse or sexual harassment. The Policy 1008.4.2 – Written, In Person, Via method for reporting shall be publicly posted at the Telephone facility. The agency provides information for the public and other interested third parties to report sexual abuse or sexual harassment on their website. The ☒ ☐ ☐ agency also has digital signage in the public lobby indicating how to report sexual abuse and sexual harassment. Agency website link: http://clearlake.ca.us/363/Prison-Rape- Elimination-Act-PREA 1030 SUICIDE PREVENTION PROGRAM 800.4 Initiating Temporary Custody 800.9 Suicide Attempt, Death, or Serious Injury The facility shall have a comprehensive written suicide 800.12 Training prevention program developed by the facility administrator, 800.3.1 Individuals Who Should Not Be in in conjunction with the health authority and mental health ☒ ☐ ☐ Temporary Custody director, to identify, monitor, and provide treatment to those Temporary Holding Facility Classification Form inmates who present a suicide risk. The program shall Clearlake Police Temporary Holding Facility include the following: “Attempted Suicide, Death or Serious Injury Procedure” (a) Suicide prevention training for all staff that have direct 800.12 Training contact with inmates. ☒ ☐ ☐ Training is completed during the Court and Temporary Holding Facility training. (b) Intake screening for suicide risk immediately upon 800.3.1 Individuals Who Should Not Be in intake and prior to housing assignment. ☒ ☐ ☐ Temporary Custody 800.4 Initiating Temporary Custody (c) Provisions facilitating communication among 800.3.1 Individuals Who Should Not Be in arresting/transporting officers, facility staff, medical and Temporary Custody ☒ ☐ ☐ mental health personnel in relation to suicide risk. 800.4 Initiating Temporary Custody Temporary Holding Facility Classification Form (d) Housing recommendations for inmates at risk of suicide. 800.3.1 Individuals Who Should Not Be in ☒ ☐ ☐ Temporary Custody 800.4 Initiating Temporary Custody (e) Supervision depending on level of suicide risk. 800.3.1 Individuals Who Should Not Be in ☒ ☐ ☐ Temporary Custody 800.4 Initiating Temporary Custody (f) Suicide attempt and suicide intervention policies and 800.4 Initiating Temporary Custody ☒ ☐ ☐ procedures. 800.9 Suicide Attempt, Death, or Serious Injury (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ 800.9 Suicide Attempt, Death, or Serious Injury (h) Multi-disciplinary administrative review of suicides and 800.9 Suicide Attempt, Death, or Serious Injury attempted suicides as defined by the facility Clearlake Police Temporary Holding Facility ☒ ☐ ☐ administrator. “Attempted Suicide, Death or Serious Injury Procedure” 1280 Lake Clearlake THJ 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING 800.11 Assigned Administrator 800.15 Emergency Procedures Pursuant to Penal Code Section 6031.1(b), the facility Clearlake Police Temporary Holding Facility administrator shall consult with the local fire department Fire Suppression Pre-Plan Policy having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression ☒ ☐ ☐ The agency provided documentation for their which shall include, but not be limited to: Fire Suppression Preplan signed by the Lake County Fire Protection District Chief and the Chief of Police approving the plan. The plan is dated 3/3/2020. (a) a fire suppression pre-plan developed with the local fire Clearlake Police Temporary Holding Facility department to be included as part of the policy and procedures Fire Suppression Pre-Plan Policy ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 800.15.5 Periodic Testing of Emergency monthly basis with two-year retention of the inspection Equipment record; BSCC staff reviewed documentation of fire ☒ ☐ ☐ prevention inspections from this inspection cycle and determined the agency is in compliance with this regulation. (c) fire prevention inspections as required by Health and Date of last fire inspection: 2/19/2020 Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, Fire Suppression Pre-Plan Policy Section 5. ☒ ☐ ☐ Evacuation (e) a plan for the emergency housing of inmates in the case of Fire Suppression Pre-Plan Policy Section 5. fire. Evacuation ☒ ☐ ☐ Persons incarcerated in the temporary holding may be released or transported to the county jail. 1044 INCIDENT REPORTS 800.5.8 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 Compliance with this regulation is based on reporting of all incidents which result in physical harm, or ☒ ☐ ☐ policy review and onsite inspection. The agency serious threat of physical harm, to an employee or inmate of has only used the intake area as a processing a detention facility or other person. center for Live-Scanning persons before they are taken to the county jail or released on OR. Such records shall include the names of the persons 800.5.8 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 800.5.8 Reporting Physical Harm or Serious to investigate the incident and submitted to the facility ☒ ☐ ☐ Threat of Physical Harm manager or his/her designee. 1280 Lake Clearlake THJ 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY 800.9 Suicide Attempt, Death or Serious Injury Clearlake Police Temporary Holding Facility (a) Death in Custody Reviews for Adults and Minors. “Attempted Suicide, Death or Serious Injury Procedure” 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 800.9 Suicide Attempt, Death or Serious Injury clinical care; whether changes to policies, procedures, or Clearlake Police Temporary Holding Facility ☒ ☐ ☐ practices are warranted; and to identify issues that require “Attempted Suicide, Death or Serious Injury further study. Procedure” (b) Death of a Minor 312.12 Suicide Attempt, Death or Serious Injury In any case in which a minor dies while detained in a jail, of a Juvenile lockup, or court holding facility: Clearlake Police Temporary Holding Facility “Attempted Suicide, Death or Serious Injury ☒ ☐ ☐ Procedure” Minors are not held or detained in the temporary holding area. (1) The administrator of the facility shall provide to the 312.12 Suicide Attempt, Death or Serious Injury Board a copy of the report submitted to the Attorney of a Juvenile General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the 312.12 Suicide Attempt, Death or Serious Injury administrator, the Board may within 30 calendar days of a Juvenile inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 800.4.1 Screening and Placement Temporary Holding Facility Classification Form (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written Compliance with this regulation is based on classification plan designed to properly assign inmates to policy review and onsite inspection. The agency housing units and activities according to the categories of sex, has only used the intake area as a processing age, criminal sophistication, seriousness of crime charged, center for Live-Scanning persons before they are physical or mental health needs, assaultive/non-assaultive taken to the county jail or released on OR. 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.) 1280 Lake Clearlake THJ 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding whether to assign an inmate to a housing area 800.4.1 Screening and Placement for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 800.3.1 Individuals Who Should Not Be in Temporary Custody: Communicable Disease The facility administrator, in cooperation with the Temporary Holding Facility Classification Form responsible physician, shall develop written policies and procedures specifying those symptoms that require Compliance with this regulation is based on ☒ ☐ ☐ segregation of an inmate until a medical evaluation is policy review and onsite inspection. The agency completed. has only used the intake area as a processing center for Live-Scanning persons before they are taken to the county jail or released on OR. At the time of intake into the facility, an inquiry shall be 800.3.1 Individuals Who Should Not Be in made of the person being booked as to whether or not he/she Temporary Custody 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 800.3.1 Individuals Who Should Not Be in Temporary Custody: Mentally Disordered The facility administrator, in cooperation with the Temporary Holding Facility Classification Form responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered Compliance with this regulation is based on ☒ ☐ ☐ inmates, and may include telehealth. policy review and onsite inspection. The agency has only used the intake area as a processing center for Live-Scanning persons before they are taken to the county jail or released on OR. If an evaluation from medical or mental health staff is not 800.3.1 Individuals Who Should Not Be in readily available, an inmate shall be considered mentally Temporary Custody disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of 800.3.1 Individuals Who Should Not Be in ☒ ☐ ☐ the inmate or others. Temporary Custody 1280 Lake Clearlake THJ 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION 800.4.1 Screening and Placement Temporary Holding Facility Classification Form Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for Compliance with this regulation is based on the administrative segregation of inmates who are policy review and onsite inspection. The agency determined to be prone to: promote activity or behavior that has only used the intake area as a processing is criminal in nature or disruptive to facility operations; center for Live-Scanning persons before they are demonstrate influence over other inmates, including taken to the county jail or released on OR. 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 800.4.1 Screening and Placement 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 800.3.1 Individuals Who Should Not Be in Temporary Custody The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who There are no cells of this type at this facility display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. 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. 1280 Lake Clearlake THJ 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL 800.8.1 Use of Sobering Cell 800.3.1 Individuals Who Should Not Be in The sobering cell described in Title 24, Part 2, Section Temporary Custody 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 Compliance with this regulation is based on ☒ ☐ ☐ state of intoxication and pursuant to written policies and policy review and onsite inspection. The agency procedures developed by the facility administrator. has only used the intake area as a processing center for Live-Scanning persons before being taken to the county jail or released on OR. Such inmates shall be removed from the sobering cell as they 800.8.1 Use of Sobering Cell are able to continue in the processing. ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six 800.8.1 Use of Sobering Cell hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will 800.8.1 Use of Sobering Cell receive an evaluation by responsible health care staff. The agency’s policy states under no circumstances shall an inmate be held in a ☒ ☐ ☐ sobering cell for more than six hours without being evaluated by qualified medical personnel to ensure that the inmate does not have an urgent medical issue. Intermittent direct visual observation of inmates held in the 800.8.1 Use of Sobering Cell sobering cell shall be conducted no less than every half hour. Such observation shall be documented. Compliance with this regulation is based on policy review and onsite inspection. The agency ☒ ☐ ☐ has only used the intake area as a processing center for Live-Scanning persons before they are taken to the county jail or released. 1057 DEVELOPMENTALLY DISABLED 800.3.1 Individuals Who Should Not Be in INMATES Temporary Custody: Developmentally Disabled The facility administrator, in cooperation with the Compliance with this regulation is based on responsible physician, shall develop written policies and ☒ ☐ ☐ policy review and onsite inspection. The agency procedures for the identification and evaluation, appropriate has only used the intake area as a processing classification and housing, protection, and center for Live-Scanning persons before they are nondiscrimination of all developmentally disabled inmates. taken to the county jail or released on OR. The health authority or designee shall contact the regional 800.3.1 Individuals Who Should Not Be in center on any inmate suspected or confirmed to be Temporary Custody: Developmentally Disabled developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1280 Lake Clearlake THJ 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES 800.3.1 Individuals Who Should Not Be in Temporary Custody: Needs Restraint The facility administrator, in cooperation with the 800.6 Use of Restraint Devices responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices and may delegate The agency does not use these restraint devices authority to place an inmate in restraints to a responsible in the temporary holding area as defined by this health care staff. regulation. In addition to the areas specifically outlined in this 800.6 Use of Restraint Devices 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. 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. 1280 Lake Clearlake THJ 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 800.3.1 Individuals Who Should Not Be in Temporary Custody: Needs Restraint Section (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and 800.6 Use of Restraint Devices procedures for the use of restraint devices on pregnant 800.6.1 Pregnant Adults inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: Arrestees who are known to be pregnant are directly booked into the Lake County jail and not held at this facility. ☐ ☐ ☒ The agency’s policy 800.3.1 Individuals Who Should Not Be in Temporary Custody states: Needs Restraint Section indicates certain behaviors or conditions should not be in temporary custody at the Clearlake Police Department. Section (b) of the policy includes; Any individual who has a medical condition, including pregnancy, that may require medical attention, supervision, or medication while he/she is in temporary custody. (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 800.5.5 Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL 800.5.5 Telephone Calls 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 800.5.5 Telephone Calls ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 800.5.5 Telephone Calls 1280 Lake Clearlake THJ 20-22 - 12 - 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 800.5.10 Discipline (Prohibited) Wherever discipline is administered, each facility The agency’s policy states discipline will not be administrator shall establish written rules and disciplinary administered to any individual in custody at this penalties to guide inmate conduct. facility. Any individual in custody who repeatedly fails to 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 If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 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: 1280 Lake Clearlake THJ 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by the fact-finders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1280 Lake Clearlake THJ 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY ACTIONS The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of 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. 1280 Lake Clearlake THJ 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1280 FACILITY SANITATION, SAFETY, AND Clearlake Police Temporary Holding Facility MAINTENANCE Sanitation Procedure The facility administrator shall develop written policies and 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 Juveniles are not held or secured in the temporary holding detention of minors: area. ☒ ☐ (1) Deinstitutionalization of Status Offenders (2) Separation BSCC staff affirmed this by reviewing the BSCC Monthly (3) Jail Removal (6-hour limit) Report on the Donations of Minors Calendar 2020-2021 and during the onsite inspection. The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see the 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. 1280 Lake Clearlake 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 1047 SERIOUS ILLNESS OR INJURY OF A 312.12 SUICIDE ATTEMPT, DEATH, OR MINOR IN AN ADULT DETENTION SERIOUS INJURY OF A JUVENILE FACILITY Juveniles are not held or secured in the temporary ☒ ☐ ☐ holding area. 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 Clearlake Police Department 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; 312.12 SUICIDE ATTEMPT, DEATH, OR ☒ ☐ ☐ SERIOUS INJURY OF A JUVENILE (b) use of restraints; ☒ ☐ ☐ 312.9 USE OF RESTRAINT DEVICES (c) emergency medical assistance and services; and, 312.3.1 EMERGENCY MEDICAL CARE OF ☒ ☐ ☐ JUVENILES IN CUSTODY (d) prohibiting use of discipline. 312.8 TEMPORARY CUSTODY ☒ ☐ ☐ REQUIREMENTS 1143 CARE OF MINORS IN TEMPORARY 312.8 TEMPORARY CUSTODY CUSTODY REQUIREMENTS ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; 312.8 TEMPORARY CUSTODY ☒ ☐ ☐ REQUIREMENTS (2) one snack upon request during term of temporary 312.8 TEMPORARY CUSTODY custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ REQUIREMENTS hours or is otherwise in need of nourishment; (3) access to drinking water; and, 312.8 TEMPORARY CUSTODY ☒ ☐ ☐ REQUIREMENTS (4) privacy during consultation with family, guardian, 312.8 TEMPORARY CUSTODY ☒ ☐ ☐ and/or lawyer. REQUIREMENTS (5) blankets and clothing, as necessary, to assure the 312.8 TEMPORARY CUSTODY ☒ ☐ ☐ comfort of the minor; and, REQUIREMENTS (6) his or her personal clothing unless the clothing is 312.8 TEMPORARY CUSTODY inadequate, presents a health or safety problem, or is REQUIREMENTS ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 312.7 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. 1280 Lake Clearlake 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 In situations where brief or accidental contact may occur, 312.7 NO-CONTACT REQUIREMENTS such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 312.6 JUVENILE CUSTODY LOGS 312.11 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 312.11 SECURE CUSTODY serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was 312.11 SECURE CUSTODY ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the 312.11 SECURE CUSTODY ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate 312.11 SECURE CUSTODY ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who 312.11 SECURE CUSTODY ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY 312.11 SECURE CUSTODY 312.11.1 LOCKED ENCLOSURES While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 312.11.1 LOCKED ENCLOSURES CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; 312.11.1 LOCKED ENCLOSURES ☒ ☐ ☐ and, 1280 Lake Clearlake THJ 20-22 - 18 - 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 (2) safety checks, as defined in Section 1006, of the 312.11.1 LOCKED ENCLOSURES minor by staff of the law enforcement facility, at least once every 30 minutes, which shall be ☒ ☐ ☐ The agency policy requires safety checks no documented. less than once every 15 minutes (b) Males and females shall not be placed in the same 312.11.1 LOCKED ENCLOSURES locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 312.11 SECURE CUSTODY CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant 312.11 SECURE CUSTODY direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 312.11 SECURE CUSTODY minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for 312.11 SECURE CUSTODY longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE Temporary Custody of Juveniles 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- Temporary Custody of Juveniles SECURE CUSTODY The agency’s policy states a juvenile is held in the Minors held in non-secure custody shall receive constant presence of an officer or other custody employee direct visual observation by staff of the law enforcement at all times and is not placed in a locked room, facility. Entry and release times shall be documented and cell, or behind any locked doors. Juveniles in non- made available for review. Monitoring a minor using secure custody may be handcuffed but not to a ☒ ☐ ☐ audio, video, or other electronic devices shall never replace stationary or secure object. Personal supervision, constant direct visual observation. through direct visual monitoring and two-way audio communication, is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1(d); 15 CCR 1150). 1280 Lake Clearlake THJ 20-22 - 19 - 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 1151 MINORS UNDER THE INFLUENCE OF 312.3 JUVENILES WHO SHOULD NOT BE ANY INTOXICATING SUBSTANCE IN SECURE OR HELD 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. Supervision of minors in secure custody in a locked room 312.3 JUVENILES WHO SHOULD NOT BE who display outward signs of being under the influence of HELD drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until The agency’s policy indicates Juveniles who resolution of the intoxicated state or release. These safety exhibit any of the following conditions should not checks shall be documented, with actual time of occurrence be held at the Clearlake Police Department: recorded. (a) Unconscious (b) Seriously injured (c) A known suicide risk or obviously severely emotionally disturbed (d) Significantly intoxicated except when ☒ ☐ ☐ approved by the Watch Commander. 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 (15 CCR 1151). (e) Extremely violent or continuously violent Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151). Supervision of minors in secure custody outside of a locked 312.3 JUVENILES WHO SHOULD NOT BE room who display outward signs of being under the HELD influence of drugs, alcohol or any other intoxicating 312.4.4 JUVENILE DETENTION ROOMS substance shall be supervised in accordance with Section 1148. BSCC staff determined the agency to be in ☒ ☐ ☐ compliance with this regulation based on the review of observation logs and the agency’s policy of a staff member being present at all times with an arrestee. 1280 Lake Clearlake THJ 20-22 - 20 - 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 nonsecure custody who display 312.3 JUVENILES WHO SHOULD NOT BE outward signs of being under the influence of drugs, alcohol HELD or any other intoxicating substance shall be supervised in Temporary Custody of Juveniles accordance with Section 1150. The agency’s policy states a juvenile is held in the presence of an officer or other custody employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non- ☒ ☐ ☐ secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and two-way audio communication, is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1(d); 15 CCR 1150). 1280 Lake Clearlake THJ 20-22 - 21 - 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 Number of violations: the minor in secure detention, and the length of time the 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. 1280 Lake Clearlake THJ 20-22 - 22 - A351 TH PRO eff. 1/2019 (20-22).dot PHYSICAL PLANT EVALUATION STATE BOARD OF STATE & COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1994 Title 24, California Code of Regulations (CCR) BSCC Code: 1280 FACILITY NAME: Clearlake Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1994: ☒ OTHER: FIELD REPRESENTATIVE: Steven Wicklander DATE: 12/8/2021 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) ☒ ☐ ☐ Contain 10 square feet of floor per inmate Limited to no more than 16 inmates ☒ ☐ ☐ No smaller than 40 square feet ☒ ☐ ☐ Contain sufficient seating to accommodate all inmates ☒ ☐ ☐ Toilet accessible ☒ ☐ ☐ Wash basin accessible ☒ ☐ ☐ Drinking fountain accessible ☒ ☐ ☐ Provide for adequate visual supervision of inmates ☒ ☐ ☐ Bunk provided to inmates held between hours of 2400 and Persons are only held for a maximum of 6 hours. 0600 (Later, less restrictive 1994 standards only require a The agency has had no persons held in secure ☐ ☐ ☒ bunk if inmates are held longer than 12 hours) custody during this inspection cycle. Weapons Locker (3.12) External to the security area and equipped with individual ☒ ☐ ☐ compartments, locks and keys Detoxification Cells (WA) (2.4) ☒ ☐ ☐ Limited to no more than 8 inmates Contain 20 square feet of floor per inmate ☒ ☐ ☐ No smaller than 60 square feet ☒ ☐ ☐ Contain toilet, washbasin and drinking fountain ☒ ☐ ☐ 1280 Lake Clearlake THJ PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Partitions or handrails located next to toilet fixture to provide support ☒ ☐ ☐ Padding on the floor ☒ ☐ ☐ Provide easy, unobstructed visual observation ☒ ☐ ☐ Safety Cells (WA) (2.5) There are no cells of this type in the facility. ☐ ☐ ☒ Shower-Delousing Room (3.4) Shower available in the large holding cell.. ☒ ☐ ☐ Available Secure Vault or Storage Space (2.1) ☒ ☐ ☐ Available for inmate valuables 1280 Lake Clearlake THJ PHY 20-22 - 2 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Telephone (2.1) ☒ ☐ ☐ Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) ☒ ☐ ☐ For facilities planned or constructed after 8-86 Janitor Closet (2.20) ☒ ☐ ☐ Available Storage Rooms (WA) (2.21) ☒ ☐ ☐ Available Emergency Power (2.24) Available to maintain fire and life safety, security, ☒ ☐ ☐ communications and alarm systems Attorney Interview Space (2.26) ☒ ☐ ☐ Available 1280 Lake Clearlake THJ PHY 20-22 - 3 - A370 PHY CH-TH 1-78.dot (9/98) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION State Board of State & Community Corrections Inspection BSCC Code: 1280 FACILITY: Clearlake Police Department TYPE: THJ RC: (18) FIELD REPRESENTATIVE: Steven Wicklander DATE: 12/8/2021 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S #1 Holding 1994 1 0 3 (3) 8’ x 8’ x 9’ 1 1 1 Note: 5’ bench. #2 Holding 1994 1 0 3 (3) 5’ x 8’ x 9’ 1 1 1 Note: 5’ bench. Cell not being used at the time of inspection; #3 Sobering 1994 1 0 3 (3) 8’ x 8’ x 9’ 1 1 1 Note: Padded floor and partition. #4 Sobering 1994 1 0 3 (3) 8’ x 8’ x 9’ 1 1 1 Note: Padded floor and partition. #5 Holding 1994 1 0 6 (6) 9.75’ x 10.5” x 9” 1 1 1 1 Note: 9’ bench total. Handicapped equipped. Shower room *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. 1280 Lake Clearlake THJ LAS 20-22 - 1 - A360 LAS Adult.dot (03/01)