Los Angeles County, Downey Police Department (2018-2020 inspection cycle)

June 12, 2020 Dean Milligan, Chief of Police Downey Police Department 10911 Brookshire Ave Downey, CA 90241 2018 - 2020 BIENNIAL INSPECTION OF DOWNEY POLICE DEPARTMENT, PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Milligan: On October 30, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Downey Police Department Type Temporary Holding Jail facility. To prepare staff for the inspection, a pre-inspection briefing was held on August 15, 2019. 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. There were no areas of non-compliance noted in the current local inspection. 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. No area of noncompliant was noted. Title 24, CCR PHYSICAL PLANT 2100 LA Downey PD I City Jail LTR 18-20 Dean Milligan, Chief of Police 2 | Pag e 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 federal Juvenile Justice and Delinquency Prevention Act (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; there were no violations with the JJDPA. Because the facility holds youth in non-secure detention, 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). Youth in non-secure detention are held in the juvenile holding area outside the jail facility. There were six (6) youth held past six hours for various reasons, i.e., parents were unable to pick up, social worker unable to pick up, and the live scan was unavailable. CORRECTIVE ACTION PLAN The youth violations were out of the agency’s control; however, l will work with the department to ensure youth will be out of their care and custody prior to the six-hour detention. 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, Michael J. Bush Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Downey* City Manager, City of Downey* Presiding Judge, Superior Court, County of Los Angeles* Grand Jury Foreperson, Superior Court, County of Los Angeles* Vincent Rosario, Sergeant, Downey Police Department Thomas Quintero, Jail Manager, Downey Police Department *Copies of report can be accessed via BSCC website. 2100 LA Downey PD I City Jail LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 2100 FACILITY NAME: Downey Police Department FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sergeant Vincent Rosario and Jail Manager Thomas Quintero FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/30/2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 300.01 Temporary Holding Facility Training HOLDING FACILITY TRAINING Agency contracts with a private contractor for Custodial personnel who supervise inmates in, and jail staff, supervised by police staff. supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such BSCC verified all training records. Custody training shall include, but not be limited to: staff are Core-trained and are current in (a)applicable minimum jail standards; refresher. (b)jail operations liability; ☒ ☐ ☐ (c)inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e)suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once every two years. Successful completion of the requirements ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL 200.01 Number of Personnel Compliance with the regulation is predicated on A sufficient number of personnel shall be employed in each the agency’s ability to complete all required local detention facility to ensure the implementation and tasks in a safe and timely fashion. To determine operation of the programs and activities required by these ☒ ☐ ☐ compliance, BSCC reviewed a variety of records regulations. including safety check logs, screening forms, incident reports and shift schedules. BSCC noted no evidence that staff was insufficient. Four staff, (2 males and 2 females). 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. 2100 LA Downey PD City Jail PRO 18-20 -1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 200.01 Number of Personnel least one employee on duty at all times in a local detention 700.04 Inmate Accountability facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to Minimum staffing of one officer is maintained. inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there Record clerks provide a female presence when shall be at least one female employee who shall be needed. In the absence of an available female ☒ ☐ ☐ immediately available and accessible to such females. employee, all female bookings are denied. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for BSCC staff reviewed custody staff schedule. 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 700.04 Inmate Accountability Safety checks shall be conducted at least hourly through ☒ ☐ ☐ 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 hourly safety checks. All routine safety checks. ☒ ☐ ☐ checks were conducted prior to the 60-minute time frame. 1028 FIRE AND LIFE SAFETY STAFF 300.01 Temporary Holding Facility Training Agency self-certifies that all applicable staff are Whenever there is an inmate in custody, there shall be at current in required training, which includes fire ☒ ☐ ☐ least one person on duty at all times who meets the training and life safety training. standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one Each officer receives facility specific training person on duty who trained in fire and life safety procedures ☒ ☐ ☐ during orientation. that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 All references below relate to the Downey City Jail Manual (undated) Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and 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: 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 2100 LA Downey PD City Jail PRO 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) Table of organization, including channels of ☒ ☐ ☐ Organizational Chart communications. (2) Inspections and operations reviews by the facility ☒ ☐ ☐ 100.02 Inspections and Reviews administrator/manager. (3) Policy on the use of force. 700.01 Use of Force and Restraint ☒ ☐ ☐ (4) Policy on the use of restraint equipment, including the 700.01 Use of Force and Restraint restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 500.02 Booking of Prisoners inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: 700.04 Inmate Accountability; Official and ☒ ☐ ☐ Unofficial Counts (A) physical counts of inmates, 500.02 Booking: Task 3; Searching ☒ ☐ ☐ 700.03 Cell Searches (B) searches of the facility and inmates, ☒ ☐ ☐ (C) contraband control, and, ☒ ☐ ☐ 700.02 Inmate Searches for Contraband (D) key control. ☒ ☐ ☐ 700.06 Key Control Each facility administrator shall, at least annually, review, 100.01 Creation and Revision of Policies and evaluate, and make a record of security measures. The review Procedures 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: 800 Safety and Emergency Procedures (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; 800 Safety and Emergency Procedures ☒ ☐ ☐ 800.2 civil disturbances (C) mass arrests; ☒ ☐ ☐ 800 Safety and Emergency Procedures (D) natural disasters; ☒ ☐ ☐ 800 Safety and Emergency Procedures (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 800 Safety and Emergency Procedures (F) storage, issue, and use of weapons, ammunition, 800 Safety and Emergency Procedures ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 1500.04 Suicide Recognition and Prevention (9) Segregation of Inmates. ☒ ☐ ☐ 1200.2 Segregation (10) Zero tolerance in the prevention of sexual abuse and 1800 Sexual Abuse and Harassment and ☒ ☐ ☐ sexual harassment. Reporting (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 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, 2100 LA Downey PD City Jail PRO 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved inmates, family, 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 1500.04 Suicide Recognition and Prevention The facility shall have a comprehensive written suicide These types of prisoners will not be detained in prevention program developed by the facility administrator, the facility. They will be transported to an ☒ ☐ ☐ in conjunction with the health authority and mental health appropriate facility. 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 800 – Safety and Emergency Procedures Fire pre-plan exists as indicated below. Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire 800.03 Fire Inspection of Detention Facility; department to be included as part of the policy and procedures monthly; verified by inspection ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 800.03 Fire Inspection of Detention Facility; monthly basis with two-year retention of the inspection ☒ ☐ ☐ monthly; verified by inspection record; (c) fire prevention inspections as required by Health and 800.03 Fire Inspection of Detention Facility Safety Code Section 13146.1(a) and (b) which requires inspections at least once every two years; ☐ ☐ ☐ Fire inspection will expire on 10/31/2019. Please assure a new fire inspection will be conducted prior. (d) an evacuation plan; and, ☒ ☐ ☐ 800 Safety and Emergency Procedures (e) a plan for the emergency housing of inmates in the case of In practice, arrestees would be transferred to the ☒ ☐ ☐ fire. County Jail. 2100 LA Downey PD City Jail PRO 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1044 INCIDENT REPORTS 100.03 Incident Reports 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. to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY 1500.05 Death of Prisoners (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 1700.09 Death of a Minor While Detained In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: (1) The administrator of the facility shall provide to the 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. 2100 LA Downey PD City Jail PRO 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 1200 Classifications 1200.2 Segregation (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written 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. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area Verified by inspection. 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 1200 Classifications: Arrestees of this classification are not detainable at this facility. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be Agency uses a standardized LA County medical made of the person being booked as to whether or not he/she screening questionnaire, completed by trained has or has had any communicable diseases, such as staff. tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical BSCC staff verified during the inspection. problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 1000.02 Disabled Inmates The facility administrator, in cooperation with the ☐ ☐ ☒ 1200 Classifications: Arrestees of this responsible physician, shall develop written policies and classification are not detainable at this facility. procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not Would occur at the secondary facility. readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. 2100 LA Downey PD City Jail PRO 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary to protect the safety of ☐ ☐ ☒ Would occur at the secondary facility. the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 800 Safety and Emergency Procedures; Segregation of Inmates Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for Arrestees requiring this level of secure housing the administrative segregation of inmates who are are not bookable at this facility and would be determined to be prone to: promote activity or behavior that transferred to the county jail. is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☐ ☐ ☒ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL No safety cell at this facility. 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. 1056 USE OF SOBERING CELL 1000.01 Sobering Procedures The sobering cell described in Title 24, Part 2, Section BSCC reviewed a variety of sobering cell logs. 1231.2.4, shall be used for the holding of inmates who are a All required functions were completed in a threat to their own safety or the safety of others due to their ☒ ☐ ☐ timely manner. No arrestee remained in the state of intoxication and pursuant to written policies and sobering cell longer than six hours. Most procedures developed by the facility administrator. inebriates did not require a protected environment and were held outside the sobering cell. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☒ ☐ ☐ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☒ ☐ ☐ Such observation shall be documented. 2100 LA Downey PD City Jail PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED 1200 Classifications: Arrestees of this INMATES classification are not detainable at this facility. The facility administrator, in cooperation with the ☐ ☐ ☒ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional Would occur at the secondary facility. center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 700.01 Use of Force and Restraint The facility administrator, in cooperation with the Although allowed by policy, restraint (as responsible physician, shall develop written policies and ☐ ☐ ☒ intended in this regulation) is not used at this procedures for the use of restraint devices and may delegate facility. authority to place an inmate in restraints to a responsible health care staff. 1058.5 RESTRAINTS AND PREGNANT INMATES Will not be used in the facility. 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: 1067 ACCESS TO TELEPHONE 500.04 Prisoner Phone 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 1600 Access to the 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 ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY PENALTIES 900 Inmate Discipline Wherever discipline is administered, each facility ☒ ☐ ☐ Discipline is prohibited. administrator shall establish written rules and disciplinary penalties to guide inmate conduct. 2100 LA Downey PD City Jail PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Both, Secure and non-secure detention of minors occurs at the facility, however, secure detention is a rare occurrence. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: Secure and non-secure are hold outside the jail facility. (1) Deinstitutionalization of Status Offenders ☒ ☐ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☒ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 2100 LA Downey PD City Jail PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 6/94; 2/99 Title 24, California Code of Regulations (CCR) BSCC Code: 2100 FACILITY NAME: Downey Police Department City Jail FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 6/94: X 2/99: OTHER: FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/30/2019 ARTICLE/SECTION YES NO N/A COMMENTS Reception and Booking (2.1) X Contains a weapons locker, designed as outlined in these regulations. Contains a cell or room for confinement pending booking X Contains a detoxification cell (WA in TH; NA in CH) 2-99: Two detoxification cells are provided if both male and X female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available X 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running water X Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear ceiling X height of 8 feet or more Contains sufficient seating to accommodate all inmates X Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or more Prisoners generally held no longer than 6 hours. X Temporary Staging Cell or Room (2.3) X Holds inmates classified and segregated per Title 15 § 1050 and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X 2100 Downey PD City Jail THJ PHY 18-20 - 1 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Contains 10 square feet of floor area per inmates and has a X clear ceiling height of 8 feet or more. Is at least 160 square feet X Contains sufficient seating to accommodate all inmates X Contains water closets (toilets), wash basins and drinking X fountains as specified by these regulations Provides for clear visual supervision by staff X Sobering Cell (2.4) X Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear ceiling X height of 8 feet or more Contains a water closet (toilet) wash basin and drinking X fountain as specified by these regulations Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X Safety Cell (2.5) No safety cell. X Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the floor, X with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which provide a X view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from the bottom of X the food pass to the floor Safety Equipment Storage (2.19) Adequate space is provided to store equipment such as fire X extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) X Lockable, containing a mop sink and storage space 2100 Downey PD City Jail THJ PHY 18-20 - 2 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Audio or Visual Monitoring (2.22) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is X use, it is located primarily in corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and maintaining X fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in holding and X staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio X of 1:16 in holding and staging cells. See regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Provided at a ratio of at least 1:16 in holding and X staging cells. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the water outlet X (bubbler). 2-99: Mouth guard requirement deleted Showers (3.4) (NA in CH) Available in the security area; provide hot and cold or X tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. 2100 Downey PD City Jail THJ PHY 18-20 - 3 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Beds/Bunks (3.5) (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches X between pans; constructed of pan bottom type or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) Windows that are accessible to inmates are no greater than 5 X inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and everything on them X are padded. All padded cells are equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; X firmly bonded to all surfaces; and, without exposed seams. Mirrors/Shelves/Clothes Hooks (3.9) X A mirror of a material appropriate to the level of security is provided near each washbasin. Consistent with security needs, shelves and clothes hooks are provided wherever feasible. X 2-99: Requirement for shelves and hooks deleted Clothes hooks are of a collapsible hook type 2-99: Requirement for hooks deleted X 2100 Downey PD City Jail THJ PHY 18-20 - 4 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per X inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) (NA type IV and Minimum Security Facilities) X A secure weapons locker is located outside the security perimeter of the facility and no weapons are brought into the security area. Lockers have individual compartments, locks and keys. 2100 Downey PD City Jail THJ PHY 18-20 - 5 - A382 PHY CH-TH 94 99.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 2100 FACILITY: Downey Police Department City Jail TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/30/2019 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 Pre- Booking Area Holding 1980 1 (5) (5) 8' x 8' x 8' Note: Prisoners have access to toilet facilities. 3 Non-rated booking cages are used. A shower is available adjacent to the booking area. Holding Area 1 & 2 Holding 1980 1 (5) (10) 8.2' x 7.5' x 8' 1 1 1 3 Sobering 1980 1 (3) (3) 5.2' x 7.5' x 8' 1 1 1 Note: Padded bench in cell. 4 & 5 Holding 1980 2 (5) (10) 9.5' x 8' x 8' 1 1 1 *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. 2100 Downey PD City Jail THJ LAS 18-20 - 1 - A360 LAS Adult.dot (9/98)