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

March 13, 2020 Jim Smith, Chief of Police Monterey Park Police Department 320 W. Newmark Ave Monterey Park, CA 91754 2018 - 2020 BIENNIAL INSPECTION OF MONTEREY PARK POLICE DEPARTMENT, PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Smith: On October 29, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Monterey Park 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 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 noncompliance noted in the current local inspections. 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. We found no items of noncompliance. 2680 Monterey Park PD I City Jail; 2018-2020 Jim Smith Chief of Police 2 | Pag e 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. The jail was extremely clean and well-kept. Based on the applicable standards, there were no issues of noncompliance noted. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: (1) Deinstitutionalization of Status Offenders, (2) Separation of Juveniles from Incarcerated Adults, and (3) Removal from Adult Jails and Lockups (6-hour secure detention limitation). Minors are not held securely in the detention facility nor in the administration area. 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 noncompliance with this mandate. CORRECTIVE ACTION PLAN No areas of non-compliance were noted and no corrective action is needed. 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 Monterey Park City Manager, City of Monterey Park* Presiding Judge, Superior Court, County of Los Angeles* Grand Jury Foreperson, Superior Court, County of Los Angeles* Bill O’Shea, Monterey Park Police Department *Copies of report can be accessed via BSCC website. 2680 Monterey Park PD I City Jail;2018-2020 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 2680 FACILITY NAME: FACILITY TYPE: Monterey Park Police Department City Jail I PERSON(S) INTERVIEWED: Bill O’Shea FIELD REPRESENTATIVE: DATE: 10/29/2019 Michael J. Bush TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 The Monterey Police Department is a Standards and Training for Corrections (STC) participating agency. Compliance with sections related to (a) In addition to the provisions of California Penal Code Section 831.5, all custodial personnel of a Type I, II, III, or ☒ ☐ ☐ training (with exception of 1021) is determined by annual audit of training records. IV facility shall successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title The facility is in compliance with training 15, CCR, within one year from the date of assignment. standards. Four custody staff (2 male/2 female) (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 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 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. 2680 Monterey Park PD City Jail I; 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 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 Compliance with this regulation is predicated, in part, on the agency’s ability to complete all required tasks in a timely manner, including A sufficient number of personnel shall be employed in each ☒ ☐ ☐ security checks. local detention facility to ensure the implementation and operation of the programs and activities required by these 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 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 shall be at least one female employee who shall be ☒ ☐ ☐ 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 900.3.2 Log Entries and Security Checks Pg. 16 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 900.3.2. Log Entries and Security Checks Pg. 16 routine safety checks. ☒ ☐ ☐ A review of safety check reveals compliance with this section 1028 1028 FIRE AND LIFE SAFETY STAFF 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. The facility manager shall ensure that there is at least one 900.5.1 Fire Procedure Pg. 19-20 person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 2680 Monterey Park PD City Jail I; 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 Lexipol – Newly revised P&P is created by Lexipol. 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 900.2 Department Organization and ☒ ☐ ☐ communications. Responsibility Pg. 15 (2) Inspections and operations reviews by the facility Pg. 18 ☒ ☐ ☐ administrator/manager. (3)Policy on the use of force. ☒ ☐ ☐ 900.3.7 Use of Force Pg. 18 (4)Policy on the use of restraint equipment, including the 900.3.5 Handcuffing and Pregnant Arrestees restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Pg. 18 Section 3407. (5) Procedure and criteria for screening newly received 900.3.3 Prisoner Classification, Screening and inmates for release per Penal Code sections 849(b)(2) and Segregation Pg. 17 ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6)Security and control including: 900.3.2 Log Entries and Security Checks Pg. 16- ☒ ☐ ☐ 17 (A) physical counts of inmates, 903.14.2 Information entered in the Jail Log Pg. ☒ ☐ ☐ 65 (B) searches of the facility and inmates, ☒ ☐ ☐ 900.4 Prisoner Searches Pg. 18 (C) contraband control, and, 900.2.2 Definitions of Searches and Definitions ☒ ☐ ☐ Pg. 58-60 (D) key control. ☒ ☐ ☐ 913.6.3 Jail Keys Pg. 85 Each facility administrator shall, at least annually, review, 913.6 Jail Security: Responsibility Pg. 84 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: 900.5.1 Fire Procedures Pg. 18-19 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B)escape, disturbances, and the taking of hostages; 913.7 Escapes, 913.8 Hostage Situations Pg. 86- ☒ ☐ ☐ 87 (C)mass arrests; ☐ ☐ ☒ (D)natural disasters; 900.6.5 Citywide or Regional Disasters Pg. 20- ☒ ☐ ☐ 21 (E)periodic testing of emergency equipment; and, ☒ ☐ ☐ Pg. 19 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 2680 Monterey Park PD City Jail I; 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 (F)storage, issue, and use of weapons, ammunition, ☒ ☐ ☐ chemical agents, and related security devices. (8)Suicide Prevention. ☒ ☐ ☐ 900.39.7 Suicide Prevention Pg. 53 (9)Segregation of Inmates. 900.3.3 Prisoner Classification, Screening and ☒ ☐ ☐ Segregation Pg. 17 (10)Zero tolerance in the prevention of sexual abuse and 904.2 Policy Pg. 66-74 ☒ ☐ ☐ sexual harassment. (11)Policy and procedure to detect, prevent, and respond 904.4 Reporting Sexual Abuse and Harassment 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, (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 900.39.7 Suicide Prevention Pg. 53-54 The facility shall have a comprehensive written suicide Although there is a policy for Suicide prevention program developed by the facility administrator, Prevention, suicidal risk prisoners will not be ☐ ☐ ☐ in conjunction with the health authority and mental health housed in the 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 900.5.1 Fire Procedures Pg. 19-20 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: 2680 Monterey Park PD City Jail I; 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 monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Fire Clearance Granted 10/24/19 by the Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Monterey Park Fire Department inspections at least once every two years; (d)an evacuation plan; and, ☒ ☐ ☐ (e)a plan for the emergency housing of inmates in the case of ☒ ☐ ☐ fire. 1040 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 applicable inmate demographic information as described in ☒ ☐ ☐ the Jail Profile Survey. 1041 INMATE RECORDS All inmate records are kept in order by the MPPD Records Bureau. (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the 903.1 Jail Forms, Records and Public maintenance of individual inmate records which shall Information Pg. 61 ☒ ☐ ☐ 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 903.11 Incident Reports Pg. 64 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 to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 2680 Monterey Park PD City Jail I; 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 903.12 Public Information Plan Pg. 65 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 Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as ☒ ☐ ☐ specified in sections: (1)1045, Public Information Plan ☒ ☐ ☐ Pg. 65 (2)1061, Inmate Education Plan ☐ ☐ ☒ (3)1062, Visiting ☒ ☐ ☐ Pg. 80 (4)1063, Correspondence ☒ ☐ ☐ Pg. 22 (5)1064, Library Service ☐ ☐ ☒ (6)1065, Exercise and Recreation ☐ ☐ ☒ (7)1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ Pg. 34 (8)1067, Access to Telephone ☒ ☐ ☐ Pg. 21 (9)1068, Access to Courts and Counsel ☒ ☐ ☐ Pg. 32 (10)1069, Inmate Orientation ☒ ☐ ☐ Jail rules posted in cell blocks. (11)1070, Individual/Family Service Programs ☐ ☐ ☒ (12)1071, Voting ☒ ☐ ☐ Pg. 93 (13)1072, Religious Observance 900.9.9 Access to Faith and Morals Based ☒ ☐ ☐ Programs Pg. 33 (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 900.9.8 Deaths of a Prisoner Pg. 33 Pg. 52 (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 In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: 2680 Monterey Park PD City Jail I; 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 920.1.25 Death of a Juvenile While Detained Board a copy of the report submitted to the Attorney Pg. 105 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 920.1.25 Death of a Juvenile While Detained administrator, the Board may within 30 calendar days Pg. 105 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 900.3.3. Prisoner Classification, Screening and Segregation Pg. 17 (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. 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 900.34 Communicable Disease, Bloodborne and Airborne Pathogen Policy Pg. 48 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. 2680 Monterey Park PD City Jail I; 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 Los Angeles County Unified Arrestee Medical made of the person being booked as to whether or not he/she Screening Form SH-R-422 issued. has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ In addition, the agency uses its own internal form any other communicable diseases, or other special medical which it retains. problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES Pg. 54 The facility administrator, in cooperation with the Mentally Disordered prisoners are not detained ☐ ☐ ☒ responsible physician, shall develop written policies and 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 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 of ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION Pg. 17 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 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 MPPD jail facility does not have a safety cell. 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. 2680 Monterey Park PD City Jail I; 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 900.1.5 Use of Sobering Cells Pg. 13 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 they ☒ ☐ ☐ are able to continue in the processing. In no case shall an inmate remain in a sobering cell over six Policy requires that inmates be taken to a hours without an evaluation by a medical staff person or an medical facility for examination within six (6) evaluation by custody staff, pursuant to written medical hours. All documentation reviewed indicated ☒ ☐ ☐ procedures in accordance with section 1213 of these inmates remained in the sobering cell no longer regulations, to determine whether the prisoner has an urgent than six (6) hours. 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 BSCC reviewed a sample of sobering cell logs sobering cell shall be conducted no less than every half hour. and found all to be complete and consistent with Such observation shall be documented. the regulations. Narrative comments were ☒ ☐ ☐ informative and comprehensive. All inebriates were removed prior to 6 hours and all observations were comprehensive. 1057 DEVELOPMENTALLY DISABLED 900.41 Segregation of the Developmentally INMATES Disabled. Pg. 54 The facility administrator, in cooperation with the Developmentally Disabled prisoners are not ☐ ☐ ☒ responsible physician, shall develop written policies and detained at this facility. 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 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 900.26 Use of Restraints Pg. 43 The facility administrator, in cooperation with the The Monterey Park City Jail facility does not use responsible physician, shall develop written policies and ☐ ☐ ☒ long term restraints. procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the following areas: acceptable restraint devices; signs or symptoms which should result in immediate medical/mental health referral; availability of cardiopulmonary resuscitation equipment; protective housing of restrained persons; provision for hydration and sanitation needs; and exercising of extremities. In no case shall restraints be used for punishment or as a substitute for treatment. 2680 Monterey Park PD City Jail I; 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 Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be secured within one hour from the time of placement. A medical assessment shall be completed within four hours of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 900.3.5 Handcuffing of Pregnant Arrestees Pg. 18 The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ The Monterey Park City Jail facility dos not use procedures for the use of restraint devices on pregnant restraints on female prisoners. 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. (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. 2680 Monterey Park PD City Jail I; 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 1059 USE OF REASONABLE FORCE TO 915.6.3 DNA Collection Pg. 93 COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS Force is not used at this facility. The individual would be transported to the Los Angeles County (a) Pursuant to Penal Code Section 298.1, authorized law Jail in this event. 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 911.6 Visiting Prisoners – General Policy Pg. 79-80 (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 911.6.1 Prisoner Categories/Visiting Privileges 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 911.6.1 Prisoner Categories/Visiting Privileges 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. 2680 Monterey Park PD City Jail I; 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 (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; Visitation hours; Time inmates are allowed for visitation; and, Any restrictions on inmate visitation. 1063 CORRESPONDENCE 900.7.3 Prisoner Mail Pg. 22 ☒ ☐ ☐ 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 ☒ ☐ ☐ (b)The facility administrator of a Type I facility shall make table games and/or television available to inmates. 1066 BOOKS, NEWSPAPERS, PERIODICALS, 900.10 Newspapers, Books and Table Games AND WRITINGS Pg. 34 (b) The facility administrator of a Type I facility shall ☒ ☐ ☐ Upon request, daily newspapers, books and develop and implement a written plan to make available a games are available. daily newspaper in general circulation, including a non- English language publication, to assure reasonable access to interested inmates. 2680 Monterey Park PD City Jail I; 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 1067 ACCESS TO TELEPHONE 900.7 Prisoner Telephone Calls Pg. 21.22 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 911.1.1 Bail Bonds Person or Attorney Requesting to See a Prisoner Pg. 74 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 900.7.3 Prisoner Mail Pg. 22 ☒ ☐ ☐ regulations, and, (b)confidential consultation with attorneys. 911.1.1 Bail Bonds Person or Attorney ☒ ☐ ☐ Requesting to See a Prisoner Pg. 74 1069 INMATE ORIENTATION Inmate orientation is posted on the walls of all cell blocks visible to allinmates. (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; ☒ ☐ ☐ (2)visiting rules; ☒ ☐ ☐ (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 915.6.2 Voting for Sentenced Prisoners Pg. 93 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 900.9.9 Access to Faith and Morals Based Programs Pg. 33 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 No sentenced inmate workers. Applicable to Type I facilities holding 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: 2680 Monterey Park PD City Jail I; PRO 18-20 -13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) a grievance form or instructions for registering a grievance; (2)resolution of the grievance at the lowest appropriate staff level; (3)appeal to the next level of review; (4)written reasons for denial of grievance at each level of review which acts on the grievance; (5) provision for response within a reasonable time limit; and, (6) provision for resolving questions of jurisdiction within the facility. (b)Grievance System Abuse: The facility may establish written policy and procedure to control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY PENALTIES 900.9.10 Prisoner Discipline Pg. 34 If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections Discipline is not administered. 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. Such rules and disciplinary penalties shall be stated simply and affirmatively, and posted conspicuously in housing units and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Youth are not held in the jail facility. Non-secured youth are held in the administrative area or the police department. 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. 2680 Monterey Park PD City Jail I; PRO 18-20 -14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 2680 Monterey Park PD City Jail I PRO 18-20 -15 - 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: PRE-73; 4/73 BSSC Code: 2680 FACILITY NAME: Monterey Park Police Department FACILITY TYPE: 1 APPLICABLE REGULATIONS (Check All That Apply): PRE-73: Post 4/73: X OTHER: FIELD REPRESENTATIVE: Michael J. Bush DATE: 10/29/2019 TITLE 24 SECTION YES NO N/A COMMENTS Holding Cells (2.2) X 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) 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 2680 Monterey Park PD I PHY; 10/29/2019 -1 - A380 PHY Type P73&4-73.dot (03/01)/ / TITLE 24 SECTION YES NO N/A COMMENTS 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 Single Occupancy Cells (2.6) Extra bunk added to single cells. Currently used X for Federal inmates. Non-compliant if both beds are used for city inmates. 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) 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 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) Converted to a sobering cell. Text of the X regulation removed from this checklist. Dormitory (2.8) The facility does not have any Dormitories. Text X of the regulation removed from this checklist. 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 2680 Monterey Park PD I PHY; 10/29/2019 - 2 - A380 PHY Type P73&4-73.dot (03/01)/ / TITLE 24 SECTION YES NO N/A COMMENTS Comfortable Living Environment (102(c)6 4-73: A comfortable living environment is maintained X through an adequate heating and cooling system Dayrooms (2.9) Type 1 Jail 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) Available in Type II and III facilities X 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 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 Storage Space (2.21) X Adequate space available 2680 Monterey Park PD I PHY; 10/29/2019 - 3 - A380 PHY Type P73&4-73.dot (03/01)/ / TITLE 24 SECTION YES NO N/A COMMENTS Audio or Video Monitoring System (2.22) Located in all inmate housing units and capable of alerting X staff in a central control Fire Alarm System [102(2)6] Recommended in Pre-73 facilities X 4-73: Automatic fire alarm system is required Emergency Power (2.24) Recommended in Pre-73 facilities X 4-73: Required; to provide minimal lighting, communication s and alarm systems 2680 Monterey Park PD I PHY; 10/29/2019 - 4 - A380 PHY Type P73&4-73.dot (03/01)/ ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections Inspection BSCC Code: 2680 FACILITY: Monterey Park City Jail TYPE: I RC: 20 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 Holding 1973 3 (2) (6) 6 x 8 x 9 1 1 1 1 Sobering Sobering 1973 1 (10) (10) 20 x 8 x 9 1 1 1 1 Sobering Sobering 1973 1 (4) (4) 7.5 x 9 x 9 1 1 1 2 Note: Sobering 2 formerly a Safety Cell; converted to sobering cell with a RC of 4. Housing Housing Single 1973 4 2 1 4 6 x 8 x 9 1 1 1 Yellow Note: One bed added to each single cell. There is no standard for double cells in 1973 standards. RC will not change. Currently used for federal inmates under contract. Housing Multiple 1973 4 4 4 16 9.5 x 13 x 9 1 1 1 Blue and Green Note: There was a “holding cell” rated for 8, now used as a “TV Room” for pay-to- stay inmates. *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. 2680 Monterey Park City Jail I LAS LASE; 10/29/2019 - 1 - A360 LAS Adult.dot (03/01)