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

Board of State and Community Corrections · inspection-los-angeles-county-montebello-police-department-2018-2020 · Facility inspection · 2020-03-06 · Los Angeles County, Montebello Police Department

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March 6, 2020 Brad Keller, Chief of Police Montebello Police Department 600 W Beverly Blvd Montebello, CA 90640 2018-2020 BIENNIAL INSPECTION OF MONTEBELLO PD CITY JAIL FACILITY, PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Keller, On October 29, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Montebello Police Department Type I 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 Title 15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation outlining Title 24 requirements for design; and, a Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence 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 your facilities. There were no areas of non-compliance noted in the current local inspections. 2670 Montebello PD City Jail Type I LTR; 18-20 Brad Keller, Chief of Police P a ge | 2 BSCC INPECTION 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. We found no items of noncompliance. 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). Secure and Non-secure youth are held outside the jail in the administrative area’s juvenile holding rooms. 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 the following violations: • Montebello Police Department March 24, 2019 one minor (non-secure) was held 15-mins past 6 hrs. while officers were completing their report. CORRECTIVE ACTION PLAN Lieutenant Molinari addressed the one violation by informing all officers that minors must be release from custody within 6 hours. This concludes our inspection report for the 2018 – 2020 inspection cycle. We would like to thank everyone involved in the inspection process for the hospitality and courtesy they extended during the inspection. If I can be of further assistance to you or your agency, 2670 Montebello PD City Jail Type I LTR; 18-20 Brad Keller, Chief of Police P a ge | 3 please do not hesitate to call me at (916) 324-9861 or email me at michael.bush@bscc.ca.gov. Sincerely, Michael J. Bush Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Montebello* City Manager, City of Montebello* Presiding Judge, Superior Court, County of Los Angeles* Grand Jury Foreperson, Superior Court, County of Los Angeles* Lieutenant William Molinari, Montebello Police Department Jail Administrative, Brittany Moore, Montebello Police Department Copies of report can be accessed via BSCC website. 2670 Montebello PD City Jail Type I LTR; 18-20 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:2670 FACILITY NAME: Montebello Police Department City Jail FACILITY TYPE: I PERSON(S) INTERVIEWED: Lieutenant William Molinari & Jail Administrator Britany Moore FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/29/2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 The Jail is operated under contract of G4S Solution, a private vendor. Training records were reviewed during the on-site inspection. (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 A total of 6 staff (4 males and 2 females) Officer Core Course” as described in Section 179 of Title 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 STC Certificate 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 MACC Certificate 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 MACC Certificate 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. 2670\Los Angeles County\Montebello PD City Jail I - 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 Forms Available 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 Schedule A sufficient number of personnel shall be employed in each FM 900.05 local detention facility to ensure the implementation and operation of the programs and activities required by these X ☐ ☐ In addition to the implementation and operation regulations. of all programs and activities required by the regulations, another predicator for compliance with this section is the availability of staff to complete and document at least hourly safety checks. Whenever there is an inmate in custody, there shall be at FM 900.05 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 FM 900.05 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 FM 900.05 shall be at least one female employee who shall be ☒ ☐ ☐ immediately available and accessible to such females. Females are not housed at this facility. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel FM 900.05 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 FM 900.05 #B 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 FM 900.05 #B routine safety checks. ☒ ☐ ☐ A review of safety check logs, coupled with the totality of the inspection process, was the basis for the finding with this section 1028 1028 FIRE AND LIFE SAFETY STAFF LMS Training Pursuant to Penal Code Section 6030(c), 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. 2670\Los Angeles County\Montebello PD City Jail I - 2 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager shall ensure that there is at least one Training person on duty who trained in fire and life safety procedures that relate specifically to the facility. Schedule ☒ ☐ ☐ Monthly fire drills are conducted. 1029 POLICY AND PROCEDURES MANUAL 3 Unless otherwise indicated, all references to policy sections are contained within the Montebello City Jail Field Policy Manual. 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: (1) Table of organization, including channels of FM100.01 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility FM 100.03 ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ FM 900.01 (4) Policy on the use of restraint equipment, including FM 900.01 the restraint of pregnant inmates as referenced in Penal ☒ ☐ ☐ Code Section 3407. (5) Procedure and criteria for screening newly received FM 1800.01 #E 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: ☒ ☐ ☐ FM 900.01 (A) physical counts of inmates, ☒ ☐ ☐ FM 900.05 (B) searches of the facility and inmates, ☒ ☐ ☐ FM 900.04 (C) contraband control, and, ☒ ☐ ☐ FM 900.02 (D) key control. ☒ ☐ ☐ FM 900.06 Each facility administrator shall, at least annually, review, FM 100.02 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: FM 1000.01 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of FM 1000.01 #7 #8 #10 ☒ ☐ ☐ hostages; 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 2670\Los Angeles County\Montebello PD City Jail I - 3 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) mass arrests; ☒ ☐ ☐ FM 1000.01 (D) natural disasters; ☒ ☐ ☐ FM 1000.01 #9 (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ FM 1000.01 #13 (F) storage, issue, and use of weapons, ammunition, FM 1000.01 #14 ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ FM 1000.01 #15 (9) Segregation of Inmates. ☒ ☐ ☐ FM 1000.01 #16 (10) Zero tolerance in the prevention of sexual abuse FM 1300.02 ☒ ☐ ☐ and sexual harassment. (11) Policy and procedure to detect, prevent, and FM 1300.02 respond to retaliation against any staff or inmate after ☒ ☐ ☐ reporting any abuse. (e) The manual for Temporary Holding, Court Holding, FM 1300.02 Type I, II, III, and IV facilities shall provide for, but not be Hotline limited to, the following: 3RD Party (1) multiple internal ways for inmates to privately Staff Verbally or in Writing. 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, FM 1300.02 community members, and other interested third-parties Hotline to report sexual abuse or sexual harassment. The ☒ ☐ ☐ Staff method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM FM 1800.05 The facility shall have a comprehensive written suicide Have policy, but by practice, suicidal risk prevention program developed by the facility administrator, prisoners will not be housed. ☐ ☐ ☒ 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 LMS Training ☐ ☐ ☒ contact with inmates. (b) Intake screening for suicide risk immediately upon FM 1800.05 ☐ ☐ ☒ intake and prior to housing assignment. (c) Provisions facilitating communication among FM 1800.05 arresting/transporting officers, facility staff, medical and ☐ ☐ ☒ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of FM 1800.05 ☐ ☐ ☒ suicide. (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ FM 1800.05 (f) Suicide attempt and suicide intervention policies and FM 1800.05 ☐ ☐ ☒ procedures. (g) Provisions for reporting suicides and suicides attempts. ☐ ☐ ☒ FM 1800.05 (h) Multi-disciplinary administrative review of suicides and FM 1800.07 attempted suicides as defined by the facility ☐ ☐ ☒ administrator. 2670\Los Angeles County\Montebello PD City Jail I - 4 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING FM 1000.01 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 FM 1000.01 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 FM 1000.01 monthly basis with two-year retention of the inspection record; ☒ ☐ ☐ Requires documented weekly inspections. Verified. (c) fire prevention inspections as required by Health and FM 1000.01 Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; Fire clearance granted 10/20/2017. 10/02/2019 by the Montebello Fire Department. (d) an evacuation plan; and, ☒ ☐ ☐ FM 1000.01 (e) a plan for the emergency housing of inmates in the case FM 1000.01 of fire. ☐ ☐ ☐ The Los Angeles County Jail would be used in this event. 1040 POPULATION ACCOUNTING Monthly Reports Log Book 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 Monthly Reports. applicable inmate demographic information as described in ☒ ☐ ☐ the Jail Profile Survey. 1041 INMATE RECORDS FM 600.01 Booking Packet. (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the maintenance of individual inmate records which shall ☒ ☐ ☐ 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, PREA #7 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). 2670\Los Angeles County\Montebello PD City Jail I - 5 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1044 INCIDENT REPORTS FM 300.02 Each facility administrator shall develop written policies Several incident reports were reviewed. 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 FM 300.02 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 FM 300.02 assigned to investigate the incident and submitted to the ☒ ☐ ☐ facility manager or his/her designee. Reports are required by the end of the shift. 1045 PUBLIC INFORMATION PLAN FM 600.02 Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the ☒ ☐ ☐ 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 FM 600.02 Title 15 Binder. Standards for Local Detention Facilities as found in Title ☒ ☐ ☐ 15 of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as FM 600.02 Jail Rules ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ FM 600.01 (2) 1061, Inmate Education Plan ☒ ☐ ☐ N/A (3) 1062, Visiting ☒ ☐ ☐ FM2400.01 (4) 1063, Correspondence ☒ ☐ ☐ FM2400.02 (5) 1064, Library Service ☒ ☐ ☐ FM 2500.01 (6) 1065, Exercise and Recreation ☒ ☐ ☐ FM 2300.01 (7) 1066, Books, Newspapers, Periodicals and FM 2500.01 ☒ ☐ ☐ Writings (8) 1067, Access to Telephone ☒ ☐ ☐ FM2400.01 (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ FM 2400.02 (10) 1069, Inmate Orientation ☒ ☐ ☐ Jail Rules (11) 1070, Individual/Family Service Programs ☒ ☐ ☐ N/A (12) 1071, Voting ☒ ☐ ☐ FM 2400.04 (13) 1072, Religious Observance ☒ ☐ ☐ FM2600.01 (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ FM 1300.01 (15) 1080, Rules and Disciplinary Penalties ☒ ☐ ☐ FM 1100.01 (16) 1081, Plan for Inmate Discipline ☒ ☐ ☐ FM 1100.01 (17) 1082, Forms of Discipline ☒ ☐ ☐ FM 1100.01 (18) 1083, Limitations on Discipline ☒ ☐ ☐ FM 1100.01 (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ Jail Rules 2670\Los Angeles County\Montebello PD City Jail I - 6 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY FM 1800.07 (a) Death in Custody Reviews for Adults and Minors. Prisoner death occurred January 22. 2018. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ The Review Team reviewed and determined to ensure that there is an initial review of every in-custody that all steps and policies were followed. 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 FM 1800.07 clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor MPD Policy 324.12 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 MPD Policy 324.12 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 MPD Policy 324.12 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 FM 1500.01 Classification Form. (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. 2670\Los Angeles County\Montebello PD City Jail I - 7 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each administrator of a Type II or III facility shall establish N/A 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 FM 1500.01 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 FM 1800.08 The facility administrator, in cooperation with the Prisoners with communicable disease will not responsible physician, shall develop written policies and ☒ ☐ ☐ be housed at this facility. 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 FM 1800.08 made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as Los Angeles County Unified Arrestee Medical tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ Screening Form SH-R-422 is used. 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 FM 1200.02 The facility administrator, in cooperation with the Mentally disordered individuals would not be ☒ ☐ ☐ responsible physician, shall develop written policies and housed 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 FM 1200.02 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. Segregation may be used if necessary to protect the safety FM 1200.02 ☒ ☐ ☐ of the inmate or others. 2670\Los Angeles County\Montebello PD City Jail I - 8 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION FM 1000.01 Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are 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 FM 1000.01 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 N/A The safety cell described in Title 24, Part 2, Section The remainder of the text of this regulation has 1231.2.5, shall be used to hold only those inmates who ☐ ☐ ☒ been deleted. 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 FM 1200.01 The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as FM 1200.01 ☒ ☐ ☐ they are able to continue in the processing. In no case shall an inmate remain in a sobering cell over six FM 1200.01 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 FM 1200.01 ☒ ☐ ☐ receive an evaluation by responsible health care staff. Intermittent direct visual observation of inmates held in the FM 1200.01 sobering cell shall be conducted no less than every half hour. Such observation shall be documented. Policy requires 15-minute checks. ☒ ☐ ☐ Documentation revealed that inmates placed in the sobering cells meet the criteria of this regulation. 2670\Los Angeles County\Montebello PD City Jail I - 9 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED FM 1200.02 INMATES Inmates with developmental disabilities are not The facility administrator, in cooperation with the housed at this 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 FM 1200.02 center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ This would occur at another facility. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES FM 900.01#C The facility administrator, in cooperation with the Restraint devices for this purpose are not used responsible physician, shall develop written policies and ☒ ☐ ☐ at this facility. procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a The remainder of the text of this regulation has responsible health care staff. been deleted. 1058.5 RESTRAINTS AND PREGNANT INMATES FM 900.01 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 FM 900.01 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 FM 900.01 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 FM 900.01 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 FM 900.01 be advised, orally or in writing, of the standards and ☒ ☐ ☐ policies governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO FM 900.01 #E COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS Force is not used. Will obtain a warrant and collect at the hospital. (a) Pursuant to Penal Code Section 298.1, authorized law 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. 2670\Los Angeles County\Montebello PD City Jail I - 10 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) For the purpose of this regulation, the “use of FM 900.01 #E 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 FM 900.01 #E 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 FM 900.01 #E 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, FM 900.01 #E 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 FM 2400.01 FM 2400.03 (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 FM 2400.01 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. (c) The visiting policies developed pursuant to this section FM 2400.01 shall include provision for visitation by minor children of ☒ ☐ ☐ the inmate. (d) Video visitation may be used to supplement existing N/A 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 N/A 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) N/A 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 N/A 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) 2670\Los Angeles County\Montebello PD City Jail I - 11 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Mode of visitation; FM 2400.01 Non-Contact Visitation hours; FM 2400.01 1O AM-12 PM daily. Time inmates are allowed for visitation; and, FM 2400.01 Any restrictions on inmate visitation. FM 2400.01 1063 CORRESPONDENCE FM 2400.02 ☒ ☐ ☐ 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 FM 2400.02 ☒ ☐ ☐ inmate may send or receive; (b) inmate correspondence may be read when there is a FM 2400.02 valid security reason and the facility manager or his/her ☒ ☐ ☐ designee approves; (c) jail staff shall not review inmate correspondence to or FM 2400.02 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 FM 2400.02 ☒ ☐ ☐ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted FM 2400.02 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 FM 2300.01 ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make Prisoners can use the facility’s courtyard for table games and/or television available to inmates. exercise. 1066 BOOKS, NEWSPAPERS, PERIODICALS, FM 2500.01 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 FM 2400.02 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 FM 2400.02 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: 2670\Los Angeles County\Montebello PD City Jail I - 12 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) unlimited mail as provided in Section 1063 of these FM 2400.02 ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ FM 2400.02 1069 INMATE ORIENTATION Jail Rules FM1500.01 (b) In Type I facilities, the facility administrator shall develop written policies and procedures for a program ☒ ☐ ☐ Posted. 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; ☒ ☐ ☐ Jail Rules (2) visiting rules; ☒ ☐ ☐ Jail Rules (3) availability of personal care items, opportunities Jail Rules ☒ ☐ ☐ for personal hygiene; (4) availability of reading and recreational materials; Jail Rules ☒ ☐ ☐ and, (5) medical/mental health procedures. ☒ ☐ ☐ Jail Rules 1071 VOTING FM 2400.04 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 FM 2600.01 The facility administrator of a Type I, II, III or IV facility ☒ ☐ ☐ shall develop written policies and procedures to provide opportunities for inmates to participate in religious services, practices and counseling on a voluntary basis. 1073 INMATE GRIEVANCE PROCEDURE FM 1300.01 Applicable to Type I facilities holding sentenced workers. No Sentenced Workers. (a) Each administrator of a Type II, III, or IV facility and Type I facilities which hold inmate workers shall develop written policies and procedures whereby any inmate may ☐ ☐ ☒ appeal and have resolved grievances relating to any 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: 1080 RULES AND DISCIPLINARY PENALTIES FM 1100 If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections Inmates are not disciplined. 1080, 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary penalties to guide inmate conduct. 2670\Los Angeles County\Montebello PD City Jail I - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot DETENTION OF MINORS YES NO COMEMNTS 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 Youth are not held in the Jail. They will be booked, detention of minors: photographed and placed in the Administrative Juvenile (1) Deinstitutionalization of Status Offenders ☐ ☒ Holding area. (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. 2670\Los Angeles County\Montebello PD City Jail I - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections Applicable Title 24 Regulations: PRE-73; 4/73 CSA Code: 2670 FACILITY NAME: Montebello City Jail FACILITY TYPE: I APPLICABLE REGULATIONS (Check All That Apply): PRE-73: X Post 4/73: OTHER: 1994 FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/29/2019 TITLE 24 SECTION YES NO N/A COMMENTS Holding Cells (2.2) One holding cell rated for 1994, one rated for X 1963. Contain 10 square feet of floor per inmate Capacity not to exceed ten (10) persons X 4-73: Capacity limitation deleted Sufficient fixed benches to accommodate cell capacity X Toilet accessible X Water fountain accessible X Wash basin accessible X 3.12 Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification/Sobering Cells (2.4) Rated using 1994 standards. 01: name change to “Sobering Cell” X Limited to no more than 15 inmates 4-73: Capacity limited to 16 inmates Contain 15 square feet of floor per inmate X Contain toilet X 4-73: 1:8 ratio Contain washbasin X 4-73: 1:8 ratio Contain drinking fountain X Adequate visual observation X Padding recommended 4-73: Padding required X Shower-Delousing Room (3.4) X Available in booking/reception Secure Vault or Storage Space (2.1) X Available for inmate valuables 2670 Montebello PD I PHY; 18-20 - 1 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Single Occupancy Cells (2.6) X Maximum capacity of one inmate. A minimum width of 6 feet, length of 7.5 feet and height of 8 feet X 4-73: Minimum width of 6 feet, length 8 feet and height of 8 feet, OR clear floor area of 43 square feet Contain toilet and washbasin and drinking fountain X Contain a bunk capable of accommodating a standard 30" X 76" mattress X Multiple Occupancy Cells (8227) Variance granted 12/19/74 for two persons. X A capacity of more than 2 persons 4-73: Capacity between 4-16 inmates A minimum of 500 cubic feet of air space per inmate Compliant based on later, less restrictive standards. X 4-73: Minimum of 25 square feet floor space per inmate Toilet and washbasin X 4-73: 1:8 ratio Drinking fountain X Contain a bunk capable of accommodating a standard 30" X 76" mattress X Safety Cells (2.5) No safety cell; text of regulation deleted. X Designed to house one person Dormitory (2.8) No dormitory; text of regulation deleted. X Capacity of 4-50 inmates 4-73: Capacity limitation deleted Showers (3.4) 4-73: Available at 1:16 ratio X 94: Ratio changed to 1:20 Lighting (3.6) X 4-73: Sufficient to permit easy reading 4-73: Night lighting is sufficient to allow good supervision X Comfortable Living Environment (102(c)6 X 4-73: A comfortable living environment is maintained through an adequate heating and cooling system 2670 Montebello PD I PHY; 18-20 - 2 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Dayrooms (2.9) Space available across from Cell G. Available for inmates in single cells, multiple cells and dormitories X 4-73: 25 square feet dayroom space per inmate in Type II and III facilities and inmate workers in Type I Exercise Area (2.10) X Available in Type II and III facilities 4-73: Minimum of 30 feet X 50 feet X 15 feet Program Space -Type II and III (2.11) Available in Type II and III facilities X 4-73: Sufficient area and furnishing s to meet needs Dining Facilities (2.17) 15 square feet per person served (in facilities for 100 persons or more) X 4-73: Toilets, washbasins and showers are not in the same room or not in view of inmates dining Visiting (2.18) X Visiting area 4-73: Contact visits are permitted in minimum security X X facilities Attorney Interview Space (2.26) X Provide for confidential attorney consultation Janitor Closet (2.20) X Located in security areas, lockable, containing a mop sink X Storage Space (2.21) X Adequate space available Audio or Video Monitoring System (2.22) X Located in all inmate housing units and capable of alerting staff in a central control Emergency Power (2.24) Recommended in Pre-73 facilities X 4-73: Required; to provide minimal lighting, communication s and alarm systems 2670 Montebello PD I PHY; 18-20 - 3 - A380 PHY Type P73&4-73.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION The Board of State and Community Corrections BSCC Code: 2670 FACILITY: Montebello City Jail TYPE: I RC: 19 FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/29/2019 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 1 Holding 1963 1 - (6) (6) 10' x 7'4" x 9' 2 Holding 1994 1 - (5) (5) 7'11" x 12'9" x 9' 1 1 1 Note: Bench available. Shower available Sobering 1994 1 - (5) (5) 7'11" x 12'9" x 9' 1 1 1 Housing A Multiple 1963 1 8 7 7 22'9"x 13'2"x 8' 3" 1 1 1 B, C, D Multiple 1963 3 2 2 6 7'7"x 8'5" x 8'5" 1 1 1 E & F Multiple 1963 2 2 2 4 8'11" x 7' x 8'5" 1 1 1 G Multiple 1994 1 2 2 2 8'10" x 7' x 8'5" 1 1 1 Note: Double bunks. Cell G was constructed during the 1994 renovation and added to the LASE during the 2008-2010 cycle. *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. 2670 Montebello City Jail LASE; 18-20 - 1 - A360 LAS Adult.dot (03/01)