Los Angeles County, Bell Gardens PD (2018-2020 inspection cycle)

April 15, 2020 Scott Fairfield, Chief of Police Bell Gardens Police Department 7100 Garfield Ave Bell Gardens, CA 90201 2018 - 2020 BIENNIAL INSPECTION OF BELL GARDENS POLICE DEPARTMENT, PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Fairfield: On October 31, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Bell Gardens Police Department Type I Jail facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). 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). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Procedures Checklist outlining applicable Title 15 sections; the Physical Plant Evaluation outlining Title 24 requirements for design; and the Living Area Space Evaluation that summarizes the detention facility’s physical plant configuration. We encourage continuing the practice of maintaining a permanent file for historical copies of all inspections. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to a 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 County of Los Angeles Fire Department for a comprehensive perspective of your facility. The fire inspection is overdue. Please contact your fire authority to schedule the fire inspection. The county health inspection is current and there are no compliance issues. BSCC INSPECTION Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. The following standard was noted as non- compliant: 1950 Bell Gardens PD I City Jail 18-20 Scott Fairfield, Chief of Police 2 | Pag e • § 1029. Policy and Procedures Manual: The policy and procedures manual shall address all applicable Title 15 regulations and shall be comprehensively reviewed and updated at least every two years. There are policy sections that require updating and or revising. Please refer to the “Procedures Checklist” for detailed information. Title 24, CCR PHYSICAL PLANT BSCC reviews physical plants against the Title 24 standards at the time of original design or significant remodel. Based on the applicable standards, there were no issues of non-compliance noted. The jail was extremely clean and well-kept. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). The agency has certified that the jail facility does not hold youth in secure detention. No violation was noted. We reviewed policy, procedures, practice and supporting documentation related to the requirements of Title 15 Article 9 – Minors in Custody in a Law Enforcement Facility and WIC Section 207.1(d). We found no violations. We noted no areas of non-compliance with this mandate. Minors in non-secure detention are held in the juvenile holding area outside the jail facility. CORRECTIVE ACTION PLAN Please review the compliance issues above. If you choose to correct these issues, forward a “Corrective Action Plan” by May 30, 2020. This concludes our inspection report for the 2018-2020 inspection cycle. We would like to thank you and your staff for the hospitality and courtesy extended during this inspection. If you have any questions, or concerns, please contact our office at any time. Sincerely, Michel J. Bush Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Bell Gardens* City Manager, City of Bel Gardens* Presiding Judge, Superior Court, County of Los Angeles* Grand Jury Foreperson, Superior Court, County of Los Angeles* Vincent Rosario, Sergeant, Bell Gardens Police Department Thomas Quintero, Jail Manager, Bell Gardens Police Department Copies of report can be accessed via BSCC website. 1950 Bell Gardens PD I City Jail 18-20 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:1950 FACILITY NAME: Bell Gardens PD City Jail FACILITY TYPE: I PERSON(S) INTERVIEWED: Sergeant William Sarno and CSO Davide Mora FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/31/2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 Agency self-certifies that all relevant staff are trained to BSCC minimums. Jail is staffed by a private provider with 15 part-time staff (a) In addition to the provisions of California Penal Code Section 831.5, all custodial personnel of a Type I, II, III, or ☒ ☐ ☐ IV facility shall successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title Training is offered by corporate trainers. 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING Agency certifies that all supervisory personnel have completed the Core and supervisory course. Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING Jail Manager has completed MACC, STC Management, ACA, and specialized annual gang training. Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 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. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 1 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING Agency certifies that all relevant staff are current in recurring training. With the exception of any year that a core training module is successfully completed, all facility/system administrators, ☒ ☐ ☐ managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 1027 NUMBER OF PERSONNEL BSCC reviewed a variety of logs, booking jackets, incident reports and intake A sufficient number of personnel shall be employed in each ☒ ☐ ☐ questionnaires. Except as noted below, we local detention facility to ensure the implementation and found no indication that staffing was operation of the programs and activities required by these inadequate. regulations. Whenever there is an inmate in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which Staffing allows at least one employee to be would conflict with the supervision and care of inmates in ☒ ☐ ☐ always available. the event of an emergency. 1.06 Staffing Whenever one or more female inmates are in custody, there 1.00.2 Female Adult Inmates shall be at least one female employee who shall be ☒ ☐ ☐ 1.06 Staffing immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS Policy mandates half hour checks. BSCC reviewed security check logs and found them Safety checks shall be conducted at least hourly through ☒ ☐ ☐ complete and timely. direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of BSCC staff reviewed observation [GA1] logs. ☒ ☐ ☐ routine safety checks. there were no non-compliance issues. 1028 1028 FIRE AND LIFE SAFETY STAFF Agency certifies that all relevant staff is current in initial and recurring training. Pursuant to Penal Code Section 6030(c), whenever there is ☒ ☐ ☐ an inmate in custody, there shall be at least one person on Jail staff is present whenever an arrestee is duty at all times who meets the training standards confined. established by the BSCC for general fire and life safety. The facility manager shall ensure that there is at least one All staff receive localized fire and life safety person on duty who trained in fire and life safety procedures ☒ ☐ ☐ procedural training during orientation. that relate specifically to the facility. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 2 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 3 Most current release: October 17, 2017 Facility administrator(s) shall develop and publish a manual Policy Manual needs to be updated to include of policy and procedures for the facility. The policy and the missing requirements indicated below. procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☐ ☒ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of ☒ ☐ ☐ 2.01 Personnel with Jail Responsibilities communications. (2) Inspections and operations reviews by the facility ☒ ☐ ☐ 1.07 Jail Security administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 1.12 Use of Force (4) Policy on the use of restraint equipment, including the 1.13 Use of Restraints restraint of pregnant inmates as referenced in Penal Code 3.155 Handcuffing of Pregnant arrestees ☒ ☐ ☐ Section 3407. Use of restraints, as defined by this regulation, are prohibited at this facility. (5) Procedure and criteria for screening newly received 1.09 Screening Newly Received Inmates for inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ Release. 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, 900.2 General Instruction; (e1) Physical Counts ☒ ☐ ☐ of Inmates (B) searches of the facility and inmates, ☒ ☐ ☐ 900.2 Security Searches (C) contraband control, and, ☒ ☐ ☐ 1.07 Jail Security (D) key control. ☒ ☐ ☐ 2.04 Critical Door Keys Each facility administrator shall, at least annually, review, evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 2.07 Critical Situations (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 2.07 Critical Situations (C) mass arrests; ☒ ☐ ☐ 2.07 Critical Situations (D) natural disasters; ☒ ☐ ☐ 2.08 Natural Disasters (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 2.02.4 Fire Suppression (F) storage, issue, and use of weapons, ammunition, 2.09 Weapons ☒ ☐ ☐ chemical agents, and related security devices. 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 3 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Suicide Prevention. ☐ ☐ ☐ 3.19 Suicide (9) Segregation of Inmates. ☒ ☐ ☐ 1.03 Segregation (10) Zero tolerance in the prevention of sexual abuse and Need to add procedures. ☐ ☒ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond Need to add procedures. to retaliation against any staff or inmate after reporting ☐ ☒ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, Need to add procedures. Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☐ ☒ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, Need to add procedures. community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☐ ☒ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 3.19 Suicide The facility shall have a comprehensive written suicide These types of prisoners will not be detained or prevention program developed by the facility administrator, housed in the facility ☐ ☐ ☒ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct ☐ ☐ ☒ contact with inmates. (b) Intake screening for suicide risk immediately upon ☐ ☐ ☒ intake and prior to housing assignment. (c) Provisions facilitating communication among arresting/transporting officers, facility staff, medical and ☐ ☐ ☒ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☐ ☐ ☒ (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ (f) Suicide attempt and suicide intervention policies and ☐ ☐ ☒ procedures. (g) Provisions for reporting suicides and suicides attempts. ☐ ☐ ☒ (h) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility ☐ ☐ ☒ administrator. 1032 FIRE SUPPRESSION PREPLANNING 2.02.4 Fire Suppression Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: 1950 Bell Gardens PD City Jail; PRO; 18-20 - 4 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) a fire suppression pre-plan developed with the local fire 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 Verified by inspection monthly basis with two-year retention of the inspection ☒ ☐ ☐ Occurs daily by Sergeants record; (c) fire prevention inspections as required by Health and Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Last inspection: 03/50/2019 inspections at least once every two years; (d) an evacuation plan; and, Posted ☒ ☐ ☐ 2.06.1 Jail Evacuation Plan (e) a plan for the emergency housing of inmates in the case of ☒ ☐ ☐ Inmates would be transferred to the county jail. fire. 1040 POPULATION ACCOUNTING 1.01 Population Accounting Each facility administrator shall maintain an inmate ☒ ☐ ☐ demographics accounting system which reflects the monthly average daily population of sentenced and non-sentenced inmates by categories of male, female and juvenile. Facility administrators shall provide the BSCC with Agency provides data to BSCC for the JPS. applicable inmate demographic information as described in ☒ ☐ ☐ the Jail Profile Survey. 1041 INMATE RECORDS 1.02 Record Maintenance (a) Each facility administrator of a Type I, II, III or IV BSCC reviewed a sampling of inmate records facility shall develop written policies and procedures for the and noted that all expected documents were maintenance of individual inmate records which shall consistently present. ☒ ☐ ☐ include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its inmates. The data ☒ ☐ ☐ collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1) (federal survey on sexual violence). 1044 INCIDENT REPORTS 1.02 Record Maintenance Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned Reports are due at the end of shift. There were to investigate the incident and submitted to the facility ☒ ☐ ☐ no major incidents reports to review. manager or his/her designee. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 5 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1045 PUBLIC INFORMATION PLAN Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the ☒ ☐ ☐ 1.04 Public Information dissemination of information to the public, to other government agencies, and to the news media. The public and inmates shall have available for review the following material: (a) The State Corrections Standards Authority Minimum Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ Available upon request. of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as ☒ ☐ ☐ Rules are distributed at orientation. specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ (2) 1061, Inmate Education Plan ☐ ☐ ☒ (3) 1062, Visiting ☒ ☐ ☐ (4) 1063, Correspondence ☒ ☐ ☐ (5) 1064, Library Service ☐ ☐ ☒ (6) 1065, Exercise and Recreation ☐ ☐ ☒ (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ (8) 1067, Access to Telephone ☒ ☐ ☐ (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ (10) 1069, Inmate Orientation ☒ ☐ ☐ (11) 1070, Individual/Family Service Programs ☐ ☐ ☒ (12) 1071, Voting ☐ ☐ ☒ (13) 1072, Religious Observance ☒ ☐ ☐ (14) 1073, Inmate Grievance Procedure ☐ ☐ ☒ (15) 1080, Rules and Disciplinary Penalties ☐ ☐ ☒ (16) 1081, Plan for Inmate Discipline ☐ ☐ ☒ (17) 1082, Forms of Discipline ☐ ☐ ☒ (18) 1083, Limitations on Discipline ☐ ☐ ☒ (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ 1046 DEATH IN CUSTODY 1.10 Administrative Review of In-custody Deaths (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ☒ ☐ ☐ ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 4.11 Death or Serious Injury of a Detained In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Juvenile lockup, or court holding facility: 1950 Bell Gardens PD City Jail; PRO; 18-20 - 6 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 1.03 Segregation Retention is allowed by policy. In practice, (a) Each administrator of a temporary holding, Type I, II, or arrestees in this classification would be III facility shall develop and implement a written transferred to a secondary booking facility. classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive 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. Each administrator of a Type II or III facility shall establish and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign inmates to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available about the inmate and from the inmate and shall provide for ☐ ☐ ☒ a channel of appeal by the inmate to the facility administrator or designee. An inmate who has been sentenced to more than 60 days may request a review of his classification plan no more often than 30 days from his last review. Subsection b does not apply and has been deleted. (c) In deciding whether to assign an inmate to a housing area for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 1.03 Segregation These types of prisoners will not be detained or The facility administrator, in cooperation with the housed. responsible physician, shall develop written policies and ☐ ☐ ☒ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 7 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be Agency uses LA County Sheriff’s Dept. made of the person being booked as to whether or not he/she medical screening form. 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 3.01 Mentally Disordered 3.00 Med/Mental Inmate Screening The facility administrator, in cooperation with the Policy allows the retention of arrestees in this ☐ ☐ ☒ responsible physician, shall develop written policies and classification. In practice, arrestees would be procedures to identify and evaluate all mentally disordered transferred to a secondary booking facility. inmates, and may include telehealth. If an evaluation from medical or mental health staff is not Evaluation would occur at a secondary location readily available, an inmate shall be considered mentally (county jail, hospital, etc.). 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 ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 1.03 Classification Except in Type IV facilities, each facility administrator shall Arrestees in this classification are not retainable develop written policies and procedures which provide for at this facility and would be transferred to a the administrative segregation of inmates who are more suitable facility upon booking. determined to be prone to: promote activity or behavior that 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 Arrestees would be segregated during booking, secure housing but shall not involve any other deprivation of then transferred. ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL Safety cell has been taken out of service. The safety cell described in Title 24, Part 2, Section Balance of this regulation is deleted. ☐ ☐ ☒ 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. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 8 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL 3.05.2 Use of Sobering Cell 3.03 Sobering Procedures The sobering cell described in Title 24, Part 2, Section All procedures required by regulation are 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ present. 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 After six hours inmates will be transported to the ☒ ☐ ☐ receive an evaluation by responsible health care staff. medical center or sited out. Intermittent direct visual observation of inmates held in the BSCC reviewed sobering cells records and noted sobering cell shall be conducted no less than every half hour. ☒ ☐ ☐ consistently comprehensive notes and timely Such observation shall be documented. checks. 1057 DEVELOPMENTALLY DISABLED 3.02 Developmentally Disabled Inmates INMATES Prisoners of this classification are not book or The facility administrator, in cooperation with the housed at the facility. ☐ ☐ ☒ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional All events occurring after determination of center on any inmate suspected or confirmed to be classification would occur at the county jail or developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ hospital. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 306 Use of Force Use of Restraint Devices and Force The facility administrator, in cooperation with the 3.21 Monitoring Restrained Inmates responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices and may delegate Use of restraints, as defined by this regulation, authority to place an inmate in restraints to a responsible are prohibited at this facility. health care staff. Balance of this regulation is deleted. 1058.5 RESTRAINTS AND PREGNANT INMATES 306 Use of Force Use of Restraint Devices and Force The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist ☐ ☐ ☒ chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 9 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or ☐ ☐ ☒ recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards and policies ☐ ☐ ☒ governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO 5.07 Use of Force COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS Force is not used at this facility. (a) Pursuant to Penal Code Section 298.1, authorized law Balance of this regulation is deleted enforcement, custodial, or corrections personnel including ☐ ☐ ☒ peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of reasonable force” shall be defined as the force that an objective, trained and competent correctional employee, ☐ ☐ ☒ faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded by efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include ☐ ☐ ☒ an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written authorization of the facility watch commander on duty. The authorization shall include information that reflects the fact ☐ ☐ ☒ that the offender was asked to provide the requisite specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell extraction, the extraction shall be videotaped, including audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the length of time ☐ ☐ ☒ required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 1062 VISITING 1.15 Visiting of Prisoners (a) The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for inmate visiting which shall provide for as many visits and visitors as facility schedules, space, and number of personnel will allow. (b) In Type I facilities, the facility administrator shall develop and implement written policies and procedures to allow visiting for non-sentenced detainees. The policies and ☒ ☐ ☐ procedures will include a schedule to assure that non- sentenced detainees will be afforded a visit no later than the calendar day following arrest. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 10 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The visiting policies developed pursuant to this section shall include provision for visitation by minor children of the ☒ ☐ ☐ inmate. (d) Video visitation may be used to supplement existing visitation programs, but shall not be used to fulfill the ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an inmate. (e) Facilities shall not charge for visitation when visitors are onsite and participating in either in-person or video ☐ ☐ ☒ visitation. For purposes of this subsection, “onsite” is defined as the location where the inmate is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or ☐ ☐ ☒ (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video ☐ ☐ ☒ visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1 (June 2017) Mode of visitation; On-Site Barrier Visitation hours; 1100-1300 Monday through Friday 1600-1800 Saturday and Sunday Time inmates are allowed for visitation; and, 15 minutes per visit Any restrictions on inmate visitation. Visitors must not have any outstanding warrants 1063 CORRESPONDENCE 1.22.2 Correspondence ☒ ☐ ☐ The facility administrator shall develop written policies and procedures for inmate correspondence which provide that: (a) there is no limitation on the volume of mail that an inmate ☒ ☐ ☐ may send or receive; (b) inmate correspondence may be read when there is a valid security reason and the facility manager or his/her ☒ ☐ ☐ designee approves; (c) jail staff shall not review inmate correspondence to or from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may ☒ ☐ ☐ open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the inmate; (d) inmates may correspond, confidentially, with the ☒ ☐ ☐ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted at least two postage paid envelopes and two sheets of paper each week to permit correspondence with family members ☒ ☐ ☐ and friends but without limitation on the number of postage paid envelopes and sheets of paper to his or her attorney and to the courts. 1065 EXERCISE AND RECREATION 122.1 Reading and Entertainment ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make table games and/or television available to inmates. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 11 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1066 BOOKS, NEWSPAPERS, PERIODICALS, 122.1 Reading and Entertainment AND WRITINGS (b) The facility administrator of a Type I facility shall ☒ ☐ ☐ develop and implement a written plan to make available a daily newspaper in general circulation, including a non- English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE 1.14.3 24 Hour Accessibility 1.14.1 Inmate Telephone Procedures 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 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 1.22.2 Correspondence ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 1.15 Inmate Visitation 1069 INMATE ORIENTATION 1.20 Jail Orientation (b) In Type I facilities, the facility administrator shall develop written policies and procedures for a program ☒ ☐ ☐ reasonably understandable to non-sentenced detainees to orient an inmate at the time of placement in a living area. Such a program shall be published and include, but not be limited to, the following: (1) rules and disciplinary procedures; ☒ ☐ ☐ (2) visiting rules; ☒ ☐ ☐ Posted (3) availability of personal care items, opportunities ☒ ☐ ☐ for personal hygiene; (4) availability of reading and recreational materials; ☒ ☐ ☐ and, (5) medical/mental health procedures. ☒ ☐ ☐ 1071 VOTING No sentenced inmates at this facility. The facility administrator of a Type I (holding sentenced inmate workers) II, III or IV facility shall develop written ☐ ☐ ☒ policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES 1.15 Inmate Visitation The facility administrator of a Type I, II, III or IV facility Religious visits are handled as public visits. ☒ ☐ ☐ shall develop written policies and procedures to provide opportunities for inmates to participate in religious services, practices and counseling on a voluntary basis. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 12 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1073 INMATE GRIEVANCE PROCEDURE 5.06 Inmate Grievance Procedures Applicable to Type I facilities holding sentenced workers. Although policy is in effect, no sentenced (a) Each administrator of a Type II, III, or IV facility and workers or “safekeeping” arrestees are present. Type I facilities which hold inmate workers shall develop This regulation is not applicable to this facility. written policies and procedures whereby any inmate may ☐ ☐ ☒ appeal and have resolved grievances relating to any Balance of this regulation is deleted. conditions of confinement, including but not limited to: medical care; classification actions; disciplinary actions; program participation; telephone, mail, and visiting procedures; and food, clothing, and bedding. Such policies and procedures shall include: 1950 Bell Gardens PD City Jail; PRO; 18-20 - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Youth are held in non-secure detention only, which is outside the jail facility. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☐ ☒ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? 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. 1950 Bell Gardens PD City Jail; PRO; 18-20 - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS Applicable Title 24 Regulations: 3/80; 8/86; 5/88; 1/91 BSCC Code: 1950 FACILITY NAME: Bell Gardens City Jail FACILITY TYPE: IJ APPLICABLE REGULATIONS (Check All That Apply): 3/80: 8/86: 5/88: 1/91: OTHER: 1978,1998 FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/31/2019 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Water fountain accessible X Wash basin accessible X Provides clear visual supervision X Telephone accessible X Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Temporary Staging Cell or Room (2.3) 1-91: Added provision for temporary staging cells-rooms X Holds inmates classified and segregated per Title 15 § 1050 and § 1053 Limited to holding inmates up to 4 hours X Maximum capacity of no more than 80 inmates X Contains 10 square feet of floor space per inmate and has a X ceiling height of at least 8 feet No smaller than 160 square feet X Contains seating to accommodate all inmates X Contains water closet, wash basin and drinking fountain X Provides unobstructed visual supervision of inmates by staff X Sobering Cells (2.4) Sobering Cell #3 rated under 1998 Standards. X **1998 Standards** Contain 20 square feet of floor per inmate Limited to no more than 8 inmates X No smaller than 60 square feet X Contain toilet X Contain washbasin X Contain drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Provide easy, unobstructed visual observation X 1950 Bell Gardens PD City Jail IJ Phy:18-20 - 1 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Padding on the floor X Shower-Delousing Room (3.4) X Available in reception/booking Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Safety Cells (2.5) Safety Cell used for storage only. X Contain 48 square feet with one floor dimension at least 6 feet and ceiling height of at least 8 feet Limited to no more than one inmate X Contain flush ring toilet with controls located outside the X cell Padded floor, door and walls X Equipped with variable intensity, security light, inaccessible X to occupant Vertical view panel not more than 4 inches wide and at least X 24 inches long, in or adjacent to the door Provide a food pass with lockable shutter no more than 4 inches high and located at least 30 inches above the floor X Single Occupancy Cells (2.6) X Maximum capacity of one inmate Contain a minimum of 60 square feet of floor area in Type I X facilities and 70 square feet in Type II and III facilities Have a minimum ceiling height of 8 feet X Contain toilet, washbasin and drinking fountain X Contain a bunk, desk and seat (Desk and seat not required in Type I in later, less restrictive 1986 standards) X Multiple Occupancy Cells (8227) 8-86: Deleted provision for multiple occupancy cells X Contain 35 square feet per person Limited to no more than 8 inmates X No smaller than 100 square feet X Minimum ceiling height of 8 feet X Water closet separate from washbasin and drinking fountain X Sufficient bunks to accommodate each occupant X Provide storage space for each occupant's personal items X Multiple Occupancy Rooms (8229) 8-86: Deleted provision for multiple occupancy rooms X Limited to housing persons in Type III and IV facilities and workers in Type I and II facilities Contain 50 square feet of floor area per person and a X minimum of 8 feet ceiling height Limited to no more than 16 persons X 1950 Bell Gardens PD City Jail IJ Phy:18-20 - 2 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Access to toilets separate from washbasins (ratio 1:8) and X drinking fountains Provide storage space for each occupant's personal items X Double Occupancy Cells (2.7) 5-88: Added provision for double occupancy cells X Maximum capacity of two inmates Contain a minimum of 60 square feet of floor space in Type X I facilities and 70 square feet in Type II and III facilities Have a minimum ceiling height of 8 feet and one floor X dimension at least 6 feet Contain toilet, washbasin and drinking fountain X Contain 2 bunks, 1 desk and seat (Desk and seat not required in Type I facilities) X Dormitories (2.8) 8-86: Provision for dormitories added X Contain 50 square feet of floor area per inmate and a minimum of 8 feet ceiling height Be designed for no fewer than 8 and no more than 64 X inmates Facilities having a total rated capacity of 80 inmates or less, X may design dormitories for no fewer than 4 inmates Access to toilets separate from washbasins (ratio 1:8) and drinking fountains X 01: Ratio changed to 1:10 Provide storage space for each inmates' personal items X Dayrooms (2.9) 8-86: Added requirement for 3 foot wide corridors in front X of cells-rooms 99: Corridor requirement deleted 35 square feet of floor area per inmate X Contain tables and seating to accommodate the maximum X number of inmates served Access to toilets, washbasins and drinking fountains X Available to all inmates in Type II and III facilities (excluding special use cells) and to workers in Type I X facilities Shower (3.4) Available on a ratio of 1:16 X 01: Ratio changed to 1:20 Lighting (3.6) Sufficient to permit easy reading. Night lighting is sufficient to allow good supervision. X 8-86: Specifies at least 20 foot-candles at desk level and in grooming areas, with night lighting not to exceed 5 foot-candles Beds-Bunks (3.5) X 30 inches wide and 76 inches long 1950 Bell Gardens PD City Jail IJ Phy:18-20 - 3 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Comfortable Living Environment [102(c)6] A comfortable living environment is maintained through an X adequate heating and cooling system. Exercise Area -Type II, III and WA IV (2.10) X At least one exercise area must contain a minimum of 900 square feet 8-86: Outdoor exercise area provided X 8-86: Clear height of 15 feet with required surface area meeting a formula of: 80% of maximum rated X inmate population and number of one-hour exercise periods per day = required surface area Program Space - Type II and III (2.11) Sufficient area and furnishings to meet the needs of the X facility programs Dining Facilities (2.17) X 15 square feet per inmate being fed Toilets, washbasins and showers are not in the same room or not in view of inmate dining X Visiting (2.18) Original visiting area is used for storage but could X be reclaimed if needed. Sufficient visiting area Contact visits whenever possible for minimum security inmates X Attorney Interviews (2.26) X Provide for confidential attorney consultation Safety Equipment Storage (2.19) Adequate space is provided for storage of equipment such X as fire extinguishers, SCBA, emergency lights, etc. Janitor Closet (2.20) Located in security areas lockable, containing a mop sink X and storage space Storage Rooms (2.21) Sufficient space to accommodate inmate property, bedding X and supplies Audio or Video Monitoring System -NA Type IV (2.22) For facilities planned or constructed after 1986. X Audio monitoring system capable of alerting staff in a central control Video monitoring in corridors, main entries and/or exits and programs or activity areas X 1950 Bell Gardens PD City Jail IJ Phy:18-20 - 4 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Fire Detection and Alarm System [102(c)6] X Automatic fire alarm system capable of alerting staff in a central control point Emergency Power (2.24) Available to provide minimal lighting, maintain X communications, alarm, fire, life and security systems Provide Space for: Barber/beauty shop(2.15) X 8-86: Limit requirement to Type II and III facilities 99: Requirement deleted Canteen (2.16) X 8-86: Added for II, III & IV facilities Confidential Interview Rooms (2.25) 8-86: Added for Type II facilities X 1950 Bell Gardens PD City Jail IJ Phy:18-20 - 5 - A381 PHY Type 80 86 88 91.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS BSCC Code: 1950 FACILITY: Bell Gardens City Jail TYPE: IJ RC: 6 FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/31/2019 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 Booking Holding 1973 1 3 (3) 5.0' x 8.0' x 8.0 Note: Five feet of bench. Safety Note: Former Safety Cell now used for storage. DECOMMISSIONED DUI Sobering 1973 1 1 (1) 8.0' x 12.0' 1 1 1 Housing 1-2 & 4-6 Single 1973 7 1 1 6 8.0' x 12.0' 1 1 1 & 8 Note: Combination fixtures Note: Cell #7 converted to a nurse’s station (16-18) 3 Sobering 1998 1 0 4 (4) 8.0' x 12.0' x 8.0' 1 1 1 Note: Fully padded, plus padded guard rails. Padded riser in cell. Would be considered cell #5. Note: One shower in jail. *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. 1950 Bell Gardens PD City Jail IJ LAS:18-20 - 1 - A360 LAS Adult.dot (03/01)