Madera County, Chowchilla Police Department (2018-2020 inspection cycle)

May 21, 2020 David Riviere, Chief of Police Chowchilla Police Department 122 Trinity Avenue Chowchilla, CA 93610 2018 - 2020 BIENNIAL INSPECTION OF CHOWCHILLA POLICE DEPARTMENT, PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Riviere: On December 9, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 onsite biennial inspection of the Chowchilla Police Department’s Temporary Holding Facility. A pre-inspection briefing was held on August 26, 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. Please refer to the Title 15 Checklist for indication of facility 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 facility. Each of the local inspections were current and the agency was provided with permits to operate. 2995 Madera Chowchilla PD THF LTR 18-20 Chief Riviere CPD THF Page 2 Local Inspection Dates Fire and Life Safety November 14, 2019 Medical and Mental Health January 24, 2019 Nutritional Health January 24, 2019 Environmental Health January 24, 2019 BSCC INSPECTION The inspection consisted of a review of the Chowchilla Police Department’s Temporary Holding Facility Policy and Procedure Manual and a site visit to review operations, the physical plant and relevant documentation. Title 15, CCR Evaluation Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 At inspection, we found policy areas that needed to be reviewed and revised to be consistent with regulatory expectations and procedural areas needing to be updated. Facility staff had not been trained; however, the training had been planned but not yet completed. Technical assistance was provided, and all areas have been addressed prior to the writing of this report. All policy and procedure areas are now current and consistent with regulatory expectations, all officers and appropriate support staff and supervisors have completed the necessary training and there are no outstanding areas of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant since the last BSCC biennial inspection. We found no areas of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. The agency provided their Juvenile Policy and Procedure for our review and all regulatory requirements are noted in the policy. Juveniles may be held in both secure and in non- secure detention. We found some discrepancy in documentation; however, with some training and follow up were able to provide direction to correct the issue and resubmit the 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 2995 Madera Chowchilla PD THF LTR 18-20 Chief Riviere CPD THF Page 3 required documentation and implement a process to ensure future compliance. We found no violations of the JJDPA. This concludes the 2018-2020 biennial inspection cycle report of the Temporary Holding Facility. We would like to express our gratitude to Sergeant Barnett and we look forward to working together in the future. If you should have any questions, please contact me at (916) 322-1638 or email at lisa.southwell@bscc.ca.gov. Sincerely, Lisa Southwell Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Chowchilla * City Council Chair, City of Chowchilla * Grand Jury Foreperson, County of Madera * Presiding Judge, County of Madera * * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 2995 Madera Chowchilla PD THF LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 2995 FACILITY NAME: FACILITY TYPE: Chowchilla Police Department (CPD) Temporary Holding Facility PERSON(S) INTERVIEWED: David Burnett, Sergeant FIELD REPRESENTATIVE: DATE: Lisa Southwell December 9, 2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Chowchilla Police Department Policy Manual HOLDING FACILITY TRAINING Section 900.11: Training Custodial personnel who supervise inmates in, and All agency officers, supervisors, CSO’s and supervisors of, a Court Holding or Temporary Holding records/dispatch completed required training facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in Chowchilla Police Department Policy Manual any event not more than six months after the date of assigned Section 900.11: Training responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ All training completed Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once Chowchilla Police Department Policy Manual every two years. Successful completion of the requirements Section 900.11: Training ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. All training completed. 1027 NUMBER OF PERSONNEL Chowchilla Police Department Policy Manual Section 900.3.3: Staffing Plan A sufficient number of personnel shall be employed in each local detention facility to ensure the implementation and Chowchilla Police Administrative staff provided ☒ ☐ ☐ operation of the programs and activities required by these their staffing plan/schedule for our review. The regulations. Jail Supervisor ensures adequate staffing levels are maintained to operate the jail and the activities specific to the jail. 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. 2995 Madera Chowchilla PD THF PRO 18-20 - 1 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at Chowchilla Police Department Policy Manual least one employee on duty at all times in a local detention Section 900.3.2: Supervision in Temporary facility or in the building which houses a local detention Custody facility who shall be immediately available and accessible to inmates in the event of an emergency. In most cases, officers are responsible for the supervision of prisoners; however, if an officer ☒ ☐ ☐ is called away from the station for a call, trained dispatchers assume responsibility in their absence. Prisoners are visually monitored by dispatchers through the view window and through cameras. The agency has installed additional audio capability. Such an employee shall not have any other duties which Chowchilla Police Department Policy Manual would conflict with the supervision and care of inmates in Section 900.3.2: Supervision in Temporary the event of an emergency. Custody The agency’s manual states the member responsible “should not have duties that could unreasonably conflict with his/her supervision.” This language is inconsistent with the language of the regulation. The regulation language is specific to ensure adequate supervision for the ☒ ☐ ☐ safety and security of the prisoners in the event of an emergency. There were no emergencies this cycle. If an emergency were to occur when persons tasked with the supervision of a prisoner have any other duty(ies) that conflict with their supervision, during those times, the agency would be non- compliant. Technical assistance has been provided regarding regulatory expectations and this has been discussed with the agency. Whenever one or more female inmates are in custody, there Chowchilla Police Department Policy Manual shall be at least one female employee who shall be Section 900.3.2: Supervision in Temporary ☒ ☐ ☐ immediately available and accessible to such females. Custody Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for Chowchilla Police Department Policy Manual a specific facility, the facility administrator shall prepare and Section 900.3.3: Staffing Plan retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ Staffing plan/schedule provided and reviewed. reviewed by the Board staff at the time of their biennial Arresting officers become booking/supervision inspection. The results of such a review and officers. recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS Chowchilla Police Department Policy Manual Section 900.8: Holding Cells Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no ☒ ☐ ☐ A review of randomly selected safety checks more than a 60-minute lapse between safety checks. noted the checks were completed in compliance with regulation and the majority completed within agency policy requires checks to be completed within 30 minutes. There is a written plan that includes the documentation of Chowchilla Police Department Policy Manual routine safety checks. ☒ ☐ ☐ Section 900.8: Holding Cells 2995 Madera Chowchilla PD THF PRO 18-20 - 2 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1028 FIRE AND LIFE SAFETY STAFF Chowchilla Police Department Policy Manual Section 900.3.3: Staffing Plan Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one Chowchilla Police Department Policy Manual person on duty who is trained in fire and life safety ☒ ☐ ☐ Section 900.3.3: Staffing Plan procedures that relate specifically to the facility. All staff have been trained. 1029 POLICY AND PROCEDURES MANUAL 2 Chowchilla Police Department (CPD) provided their policy and procedure manual for our review in December 2020. There were Policy and Facility administrator(s) shall develop and publish a manual procedure updates being made with the last of policy and procedures for the facility. The policy and corrections and updates made prior to the writing procedures manual shall address all applicable Title 15 and of this report in May 2020. Administrative staff Title 24 regulations and shall be comprehensively reviewed are finalizing the policy. Policy is updated and and updated at least every two years. Such a manual shall be pushed out to staff electronically for their made available to all employees. review. ☒ ☐ ☐ 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 Chowchilla Police Department Policy Manual communications. ☒ ☐ ☐ Section 200.2: Organizational Structure and Responsibility and 200.3: Command Protocol (2) Inspections and operations reviews by the facility Chowchilla Police Department Policy Manual administrator/manager. ☒ ☐ ☐ Section 900.12(m): Assigned Administrator (3) Policy on the use of force. Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 300: Use of Force (4) Policy on the use of restraint equipment, including the See Section 1058: Restraints and 1058.5: restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Restraints and Pregnant Persons Section 3407. (5) Procedure and criteria for screening newly received Chowchilla Police Department Policy Manual inmates for release per Penal Code sections 849(b)(2) and Section 412.3: Release by Citation and Section ☒ ☐ ☐ 853.6, and any other such processes as the facility 804.5: Arrest Without Filing of Accusatory administrator is empowered to use. Pleading (6) Security and control including: ☐ ☐ ☒ (A) physical counts of inmates, Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 900.5.1: Temporary Custody Logs (B) searches of the facility and inmates, Chowchilla Police Department Policy Manual ☒ ☐ ☐ Sections 900.8: Holding Cells and 901.4: Searches at Police Facilities (C) contraband control, and, Chowchilla Police Department Policy Manual ☒ ☐ ☐ Sections 900.8: Holding Cells and 901.4: Searches at Police Facilities 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 2995 Madera Chowchilla PD THF PRO 18-20 - 3 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) key control. Chowchilla Police Department Policy Manual ☒ ☐ ☐ Sections 900.12(b): Assigned Administrator Supplemental Policy Each facility administrator shall, at least annually, review, Chowchilla Police Department Policy Manual evaluate, and make a record of security measures. The review Section 900.12: Assigned Administrator and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific Security review completed for 2019. to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: See Section 1032 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; Chowchilla Police Department Policy Manual Section 900.12(e) and (j): Assigned Administrator ☒ ☐ ☐ Jail staff will notify the agency Watch Commander in the event of any of these situations. (C) mass arrests; Chowchilla Police Department Policy Manual Section 900.12(n) Assigned Administrator ☒ ☐ ☐ When the number of prisoners would exceed the capacity of the jail, prisoners would be transported to the county jail. (D) natural disasters; Chowchilla Police Department Policy Manual Section 900.12(h): Assigned Administrator and Section 903: Jail and Fire Disaster Response ☒ ☐ ☐ In the event of a natural disaster, prisoners will be transported to the County Jail. (E) periodic testing of emergency equipment; and, Chowchilla Police Department Policy Manual Section 900.12(k): Assigned Administrator ☒ ☐ ☐ Testing of emergency equipment is completed monthly by the facility supervisors as part of their facility inspection. (F) storage, issue, and use of weapons, ammunition, Chowchilla Police Department Policy Manual chemical agents, and related security devices. ☒ ☐ ☐ Section 900.5.7: Firearms and Other Security Measures (8) Suicide Prevention. ☒ ☐ ☐ See Section 1030 (9) Segregation of Inmates. Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 900.4.1: Screening and Placement (10) Zero tolerance in the prevention of sexual abuse and Chowchilla Police Department Policy Manual ☒ ☐ ☐ sexual harassment. Section 902.2: PREA Policy (11) Policy and procedure to detect, prevent, and respond Chowchilla Police Department Policy Manual to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Section 902.6: Retaliation Prohibited any abuse. 2995 Madera Chowchilla PD THF PRO 18-20 - 4 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, Chowchilla Police Department Policy Manual Type I, II, III, and IV facilities shall provide for, but not be Section 902.4: Reporting Sexual Abuse, limited to, the following: Harassment and Retaliation (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other Prisoners may report verbally, in writing, inmates or staff for reporting sexual abuse and sexual privately or anonymously. harassment, and staff neglect or violation of ☒ ☐ ☐ responsibilities that may have contributed to such incidents. (2) a method for uninvolved inmates, family, Chowchilla Police Department Policy Manual community members, and other interested third-parties Section 902.4: Reporting Sexual Abuse, to report sexual abuse or sexual harassment. The Harassment and Retaliation ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. Signs are posted on the rear door to the facility and in the booking area and on the lobby door. 1030 SUICIDE PREVENTION PROGRAM Chowchilla Police Department Policy Manual Section 900.3.1: Individuals Who Should Not Be in Temporary Custody: Section 900.4: Initiating The facility shall have a comprehensive written suicide Temporary Custody and Section 900.11: prevention program developed by the facility administrator, ☒ ☐ ☐ Training, 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 Chowchilla Police Department Policy Manual ☒ ☐ ☐ contact with inmates. Section 900.11: Training (b) Intake screening for suicide risk immediately upon Chowchilla Police Department Policy Manual intake and prior to housing assignment. Section 900.4: Initiating Temporary Custody ☒ ☐ ☐ All prisoners are screened prior to entry into the THF. If they exhibit any signs or report to be suicidal, they are taken directly to the hospital. (c) Provisions facilitating communication among Chowchilla Police Department Policy Manual arresting/transporting officers, facility staff, medical and Section 900.4: Initiating Temporary Custody and mental health personnel in relation to suicide risk. 900.4.1: Screening and Placement ☒ ☐ ☐ Officers evaluate all prisoners for any risks and communicate with all involved persons (d) Housing recommendations for inmates at risk of suicide. Chowchilla Police Department Policy Manual Section 900.4: Initiating Temporary Custody ☒ ☐ ☐ The agency Watch Commander will determine appropriate housing based on the information received. 2995 Madera Chowchilla PD THF PRO 18-20 - 5 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Supervision depending on level of suicide risk. Chowchilla Police Department Policy Manual Section 900.4: Initiating Temporary Custody and Section 900.3.1: Individuals Who Should Not Be In Temporary Custody Staff are to notify a supervisor if a prisoner may ☒ ☐ ☐ be at risk for suicide and the supervisor will make the determination if the prisoner will be placed in a cell, released or immediately transported. Officers provide continuous supervision for individuals who are a suspected suicide risk until they are removed and transported to the appropriate facility. (f) Suicide attempt and suicide intervention policies and Chowchilla Police Department Policy Manual procedures. Section 900.8: Holding Cells Cells are searched for contraband. Prisoners are ☒ ☐ ☐ searched and any hazardous item such as belts, shoelaces etc., are removed from their possession. Individuals are constantly monitored, and safety checks exceed minimum standard. (g) Provisions for reporting suicides and suicides attempts. Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 900.9: Suicide Attempt, Death, or Serious Injury (h) Multi-disciplinary administrative review of suicides and Chowchilla Police Department Policy Manual attempted suicides as defined by the facility ☒ ☐ ☐ Section 900.9: Suicide Attempt, Death, or administrator. Serious Injury 1032 FIRE SUPPRESSION PREPLANNING Chowchilla Police Department Policy Manual Section 900.12(g): Assigned Administrator 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 Chowchilla Police Department Policy Manual department to be included as part of the policy and procedures Section 900.12(g): Assigned Administrator ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a Chowchilla Police Department Policy Manual monthly basis with two-year retention of the inspection Section 900.12(g): Assigned Administrator record; At inspection it was noted there were no records ☒ ☐ ☐ prior to the current Sergeant assuming command over the facility. This issue has been corrected and all subsequent documentation was confirmed. as been confirmed from when the current The issue has been corrected. (c) fire prevention inspections as required by Health and Chowchilla Police Department Policy Manual Safety Code Section 13146.1(a) and (b) which requires Section 900.12(g): Assigned Administrator inspections at least once every two years; ☒ ☐ ☐ Fire Inspection Last completed on June 21, 2018 by the City of Chowchilla Fire Department. Certificate of Inspection granted. 2995 Madera Chowchilla PD THF PRO 18-20 - 6 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) an evacuation plan; and, Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 900.12(g): Assigned Administrator Facility had evacuation routes posted. (e) a plan for the emergency housing of inmates in the case of Chowchilla Police Department Policy Manual fire. Section 900.12(g): Assigned Administrator ☒ ☐ ☐ Prisoners would be transported to the County Jail in the event the facility was inhabitable. 1044 INCIDENT REPORTS Chowchilla Police Department Policy Manual Section 900.5.8: Reporting Physical Harm or Serious Threat of Physical Harm Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or All incident reports would be written as a serious threat of physical harm, to an employee or inmate of supplemental report to the originating crime a detention facility or other person. report and maintained with those records. No incident reports to review. Such records shall include the names of the persons Chowchilla Police Department Policy Manual involved, a description of the incident, the actions taken, and ☒ ☐ ☐ Section 900.5.8: Reporting Physical Harm or the date and time of the occurrence. Serious Threat of Physical Harm Such a written record shall be prepared by the staff assigned Chowchilla Police Department Policy Manual to investigate the incident and submitted to the facility ☒ ☐ ☐ Section 900.5.8: Reporting Physical Harm or manager or his/her designee. Serious Threat of Physical Harm 1046 DEATH IN CUSTODY Chowchilla Police Department Policy Manual Section 900.9: Suicide Attempt, Death, or Serious Injury (c) 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 Chowchilla Police Department Policy Manual clinical care; whether changes to policies, procedures, or Section 900.9: Suicide Attempt, Death, or practices are warranted; and to identify issues that require ☒ ☐ ☐ Serious Injury further study. (b) Death of a Minor Chowchilla Police Department Policy Manual In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Section 315.12: Suicide Attempt, Death, or lockup, or court holding facility: Serious Injury of a Juvenile (1) The administrator of the facility shall provide to the Chowchilla Police Department Policy Manual Board a copy of the report submitted to the Attorney Section 315.12: Suicide Attempt, Death, or General under Government Code Section 12525. A copy ☒ ☐ ☐ Serious Injury of a Juvenile 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 Chowchilla Police Department Policy Manual administrator, the Board may within 30 calendar days Section 315.12: Suicide Attempt, Death, or inspect and evaluate the jail, lockup, or court holding Serious Injury of a Juvenile ☒ ☐ ☐ 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. 2995 Madera Chowchilla PD THF PRO 18-20 - 7 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN Chowchilla Police Department Policy Manual Section 900.4.1: Screening and Placement Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written At the time of inspection, classification classification plan designed to properly assign inmates to documentation was not provided as housing units and activities according to the categories of operationally, the facility does not place more sex, age, criminal sophistication, seriousness of crime than one prisoner in the cell at one time. Facility charged, physical or mental health needs, assaultive/non- was asked to implement a cell placement log to assaultive behavior, risk of being sexually abused, or document prisoner location. Facility sexually harassed and other criteria which will provide administrator provided the documentation for for the safety of the inmates and staff. Such housing unit ☒ ☐ ☐ our review and has implemented their log; assignment shall be accomplished to the extent possible however, no prisoners have been brought into the within the limits of the available number of distinct facility. When the facility resumes normal housing units or cells in a facility. operations and at the next inspection, documentation will be provided. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate’s classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) In deciding whether to assign an inmate to a housing area Chowchilla Police Department Policy Manual for male or female inmates, and in making other housing and Section 900.4.1: Screening and Placement 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 Chowchilla Police Department Policy Manual Section 900.4.1(e): Screening and Placement The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Policy provides information as to observable procedures specifying those symptoms that require symptoms of communicable disease. segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be Chowchilla Police Department Policy Manual made of the person being booked as to whether or not he/she Section 900.4: Initiating Temporary Custody has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or Reviewed random medical screening forms to any other communicable diseases, or other special medical ☒ ☐ ☐ ensure compliance with regulatory expectation. problem identified by the health authority. The response All were completed at entry and were shall be noted on the booking form and/or screening device. appropriately addressed. 1052 MENTALLY DISORDERED INMATES Chowchilla Police Department Policy Manual Section 900.3.3: Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☐ procedures to identify and evaluate all mentally disordered Mentally ill persons are not brought to the inmates, and may include telehealth. Chowchilla THF. They are transported directly to the County Jail, a hospital or mental health facility. 2995 Madera Chowchilla PD THF PRO 18-20 - 8 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If an evaluation from medical or mental health staff is not Chowchilla Police Department Policy Manual readily available, an inmate shall be considered mentally Section 900.3.3: Individuals Who Should Not Be disordered for the purpose of this section if he or she appears in Temporary Custody to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ If a prisoner is found to be mentally ill they are transported immediately to the appropriate An evaluation from medical or mental health staff shall be facility. 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 Chowchilla Police Department Policy Manual ☒ ☐ ☐ of the inmate or others. Section 900.4.1 Screening and Placement 1053 ADMINISTRATIVE SEGREGATION Chowchilla Police Department Policy Manual Section 900.4.1 Screening and Placement 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 Chowchilla Police Department Policy Manual secure housing but shall not involve any other deprivation of Section 900.4.1 Screening and Placement ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL There is no Safety Cell at the Chowchilla Police Department. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. 2995 Madera Chowchilla PD THF PRO 18-20 - 9 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL There is no Sobering Cell at the Chowchilla Police Department. 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 hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED Chowchilla Police Department Policy Manual INMATES Section 900.3.2: Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and Prisoners who are identified as developmentally procedures for the identification and evaluation, appropriate disabled are transported to the jail, hospital, or classification and housing, protection, and other facility. nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional Does not apply. 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. 2995 Madera Chowchilla PD THF PRO 18-20 - 10 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES Chowchilla Police Department Policy Manual Section 900.6: Use of Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop written policies and Section 900.3.1: Individuals Who Should Not Be procedures for the use of restraint devices and may delegate in Temporary Custody authority to place an inmate in restraints to a responsible health care staff. The use of restraints, other than handcuffs or ☒ ☐ ☐ leg irons, should not be used for individuals in temporary custody at the Chowchilla Police Department unless the person presents a heightened risk and are immediately transported to Madera Department of Corrections for booking. The remainder of this section is marked as Not Applicable (NA). 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. 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. 2995 Madera Chowchilla PD THF PRO 18-20 - 11 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 Chowchilla Police Department Policy Manual Section 900.6.1 Pregnant Adults V 302.3.2 which is contrary to PC3047 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 Chowchilla Police Department Policy Manual delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ Section 900.6.1 Pregnant Adults V 302.3.2 waist chains, or handcuffs behind the body. which is contrary to PC3047 (2) A pregnant inmate in labor, during delivery, or in Chowchilla Police Department Policy Manual recovery after delivery, shall not be restrained by the Section 900.6.1 Pregnant Adults V 302.3.2 ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the which is contrary to PC3047 safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional Chowchilla Police Department Policy Manual who is currently responsible for the medical care of a Section 900.6.1 Pregnant Adults V 302.3.2 pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ which is contrary to PC3047 delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she Chowchilla Police Department Policy Manual shall be advised, orally or in writing, of the standards ☒ ☐ ☐ Section 900.6.1 Pregnant Adults V 302.3.2 and policies governing pregnant inmates. which is contrary to PC3047 1067 ACCESS TO TELEPHONE Chowchilla Police Department Policy Manual Section 900.5.5: Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone Three initial calls are provided no later than three beyond those telephone calls which are required by Section hours after arrest. Additional reasonable and 851.5 of the Penal Code. necessary calls may be made as requested. 1068 ACCESS TO COURTS AND COUNSEL Chowchilla Police Department Policy Manual Section 900.5.9: Attorneys and Bail Bondsmen 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 Prisoners are not in the THF long enough to regulations, and, ☒ ☐ ☐ request for mail. If they ask, staff will let them write letters. (b) confidential consultation with attorneys. Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 900.5.9: Attorneys and Bail Bondsmen 1080 RULES AND DISCIPLINARY PENALTIES Chowchilla Police Department Policy Manual Section 900.5.10: Discipline Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary Manual states, “Discipline will not be penalties to guide inmate conduct. administered to any individual in temporary custody at this facility. 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. 2995 Madera Chowchilla PD THF PRO 18-20 - 12 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE Chowchilla Police Department Policy Manual Section 900.5.10: Discipline If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections Discipline is not administered at the facility. The 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ remainder of this section is marked as Not Applicable (NA). Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 2995 Madera Chowchilla PD THF PRO 18-20 - 13 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by the fact-finders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE Chowchilla Police Department Policy Manual Section 900.5.10: Discipline The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule Discipline is not administered at the facility. The infraction. Acceptable forms of discipline shall consist of, remainder of this section is marked as Not but not be limited to, the following: Applicable (NA). (a) Loss of privileges. (b) Extra work detail. (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. ☐ ☐ ☒ 2995 Madera Chowchilla PD THF PRO 18-20 - 14 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY Chowchilla Police Department Policy Manual ACTIONS Section 900.5.10: Discipline The Penal Code and the State Constitution expressly Discipline is not administered at the facility. The prohibit all cruel and unusual punishment. Additionally, remainder of this section is marked as Not there shall be the following limitations: Applicable (NA). (a) If an inmate is on disciplinary separation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is ☐ ☐ ☒ continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 2995 Madera Chowchilla PD THF PRO 18-20 - 15 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS Chowchilla Police Department Policy Manual Section 900.5.10: Discipline Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered, ☐ ☐ ☒ Discipline is not administered at the facility. The therefore. This requirement may be satisfied by retaining remainder of this section is marked as Not copies of rule violation reports and report of the disposition Applicable (NA). of each. 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 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? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in Annual Survey states Juveniles may be held in both secure detention in the jail. Title 15, Article 9 establishes secure and non-secure status. the minimum standards of how facilities hold minors in ☒ ☐ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A Chowchilla Police Department Policy Manual MINOR IN AN ADULT DETENTION Section 315.12: Suicide Attempt, Death, or FACILITY Serious Injury of a Juvenile. ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES Chowchilla Police Department Policy Manual Section 315 – Temporary Custody of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: 2995 Madera Chowchilla PD THF PRO 18-20 - 16 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (a) suicide risk and prevention; Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 315.3.2: Suicide Prevention of Juveniles in Custody (b) use of restraints; Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 315.9: Use of Restraint Devices (c) emergency medical assistance and services; and, Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 315.3.1: Emergency Medical Care of Juveniles in Custody (d) prohibiting use of discipline. Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 315.8o: Temporary Custody Requirements 1143 CARE OF MINORS IN TEMPORARY Chowchilla Police Department Policy Manual CUSTODY Section 315 – Temporary Custody of Juveniles ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 315.8 (e) (2) one snack upon request during term of temporary Chowchilla Police Department Policy Manual custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ Section 315.8(f) hours or is otherwise in need of nourishment; (3) access to drinking water; and, Chowchilla Police Department Policy Manual ☒ ☐ ☐ Section 315.8(g) (4) privacy during consultation with family, guardian, Chowchilla Police Department Policy Manual ☒ ☐ ☐ and/or lawyer. Section 315.8 (i) (5) blankets and clothing, as necessary, to assure the Chowchilla Police Department Policy Manual ☒ ☐ ☐ comfort of the minor; and, Section 315.8(k) (6) his or her personal clothing unless the clothing is Chowchilla Police Department Policy Manual inadequate, presents a health or safety problem, or is ☒ ☐ ☐ Section 315.8(j) required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND Chowchilla Police Department Policy Manual ADULT PRISONERS Section 315.7: No-Contact Requirements ☒ ☐ ☐ The facility administrator shall establish policies and Sight and sound separation between minors and procedures to restrict contact, as defined in Section 1006, adults and between non-offenders/status between minors and adults confined in the facility. offenders and 602 juveniles. In situations where brief or accidental contact may occur, Chowchilla Police Department Policy Manual such as booking or facility movement, facility staff (trained Section 315.7: No-Contact Requirement in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 2995 Madera Chowchilla PD THF PRO 18-20 - 17 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1145 DECISION ON SECURE CUSTODY Chowchilla Police Department Policy Manual Section 315.11: Secure Custody A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☐ ☐ ☒ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a Chowchilla Police Department Policy Manual serious security risk of harm to self or others, the officer may Section 315.11(a): Secure Custody ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was Chowchilla Police Department Policy Manual ☒ ☐ ☐ taken into custody; Section 315.11(b): Secure Custody (c) minor's behavior, including the degree to which the Chowchilla Police Department Policy Manual ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Section 315.11(c): Secure Custody (d) the availability of staff to provide adequate Chowchilla Police Department Policy Manual ☒ ☐ ☐ supervision or protection of the minor; and, Section 315.11(d): Secure Custody (e) the age, type, and number of other individuals who Chowchilla Police Department Policy Manual ☒ ☐ ☐ are detained in the facility. Section 315.11(e): Secure Custody 1146 CONDITIONS OF SECURE CUSTODY Chowchilla Police Department Policy Manual Section 315.11: Secure Custody While in secure custody, minors may be locked in a room or ☐ ☐ ☒ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE Chowchilla Police Department Policy Manual CUSTODY INSIDE A LOCKED Section 315.11.1: Locked Enclosures ENCLOSURE ☐ ☐ ☒ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; Chowchilla Police Department Policy Manual ☐ ☐ ☒ and, Section 315.11.1(a): Locked Enclosures (2) safety checks, as defined in Section 1006, of the Chowchilla Police Department Policy Manual minor by staff of the law enforcement facility, at Section 315.11.1(d): Locked Enclosures ☐ ☐ ☒ least once every 30 minutes, which shall be documented. Safety checks are conducted every 15 minutes. (b) Males and females shall not be placed in the same Chowchilla Police Department Policy Manual locked room unless under constant direct visual ☐ ☐ ☒ Section 315.11.1(e) observation by staff of the law enforcement facility. 2995 Madera Chowchilla PD THF PRO 18-20 - 18 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1148 SUPERVISION OF MINORS IN SECURE Chowchilla Police Department Policy Manual CUSTODY OUTSIDE OF A LOCKED Section 315.11: Secure Custody ENCLOSURE ☐ ☐ ☒ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant Chowchilla Police Department Policy Manual direct visual observation to assure the minor's safety while ☐ ☐ ☒ Section 315.11: Secure Custody secured to a stationary object. Securing minors to a stationary object for longer than 60 Chowchilla Police Department Policy Manual minutes, and every 30 minutes thereafter, shall be ☐ ☐ ☒ Section 315.11: Secure Custody approved by a supervisor. The decision for securing a minor to a stationary object for Chowchilla Police Department Policy Manual longer than 60 minutes, and every 30 minutes thereafter shall Section 315.11: Secure Custody ☐ ☐ ☒ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE Chowchilla Police Department Policy Manual CUSTODY Section 315.4: Custody of Juveniles Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- Chowchilla Police Department Policy Manual SECURE CUSTODY Section 315.1.1: Definitions, Non-secure custody and Section 315.6: Juvenile Custody Logs Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF Chowchilla Police Department Policy Manual ANY INTOXICATING SUBSTANCE IN SECURE OR Section 315.3: Juveniles Who Shall Not Be Held NON-SECURE CUSTODY Sub-section (d) Requires approval of the Watch Facility administrators shall develop policies and procedures ☒ ☐ ☐ Commander and Medical Clearance providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room Chowchilla Police Department Policy Manual who display outward signs of being under the influence of Section 315.11.1: Locked Enclosures drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☐ ☐ ☒ Policy requires unscheduled safety checks to resolution of the intoxicated state or release. These safety occur no less than every 15 minutes regardless if checks shall be documented, with actual time of occurrence the youth is intoxicated or not. recorded. 2995 Madera Chowchilla PD THF PRO 18-20 - 19 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody outside of a locked Chowchilla Police Department Policy Manual room who display outward signs of being under the Section 315.11.: Secure Custody influence of drugs, alcohol or any other intoxicating substance shall be supervised in accordance with Section ☒ ☐ ☐ Policy requires direct supervision if a youth is 1148. handcuffed to a fixed object regardless if the youth is intoxicated or not. Supervision of minors in nonsecure custody who display Chowchilla Police Department Policy Manual outward signs of being under the influence of drugs, alcohol Section 315.1.1: Definitions, Non-secure custody or any other intoxicating substance shall be supervised in accordance with Section 1150. ☒ ☐ ☐ Policy requires direct supervision of a youth held in non-secure custody regardless if the youth is intoxicated or not. 2995 Madera Chowchilla PD THF PRO 18-20 - 20 - A352 TH PRO eff. 1/2019 (18-20).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations:0 facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations:0 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations:0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the Number of violations:0 minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: 0 law enforcement facility for longer than six hours. 2995 Madera Chowchilla PD THF PRO 18-20 - 21 - A352 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 2995 FACILITY NAME: Chowchilla Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: X OTHER: 2001 FIELD REPRESENTATIVE: Lisa Southwell DATE: December 9, 2019 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Facility has one holding cell and one non-rated cell. Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and X 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) X Weapon locker add 2009. External to the security area and equipped with individual compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) X No sobering cell 01: name change to “Sobering Cell” Limited to no more than 8 inmates Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) X No safety cell Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet X Limited to no more than one inmate X Contain flush ring toilet (flush with floor) with controls X located outside the cell Padded floor, door and walls X Equipped with variable intensity, security light, with X controls located outside the cell Vertical view panel not more than 4 inches wide and at least X 24 inches long, located in or adjacent to cell door (Facility planned or constructed prior to 8-86) Two or more vertical view panels not more than 4 inches X wide and at least 24 inches long, one of which must be in the door (Facility planned or constructed after 8-86; See regulations for later changes)) 2995 Madera Chowchilla Police Dept. THF 18-20 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Solid security door with a food pass having a lockable X shutter no more than 4 inches height and located at least 30 inches above the floor Shower-Delousing Room (3.4) X Available Available 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 Audio Monitoring (2.22) X For facilities planned or constructed after 8-86 Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) X Available to maintain fire and life safety, security, communications and alarm systems Attorney Interview Space (2.26) X Administrative offices Available 2995 Madera Chowchilla Police Dept. THF 18-20 - 2 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 2995 FACILITY: Chowchilla Police Department TYPE: THJ BSCC: (0) FIELD REPRESENTATIVE: Lisa Southwell DATE: December 9, 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 Holding 1973 1 2 (8) 13.9 x 9.0 x 8.0 1 1 1 NOTES: Two 76” x 30” bunks in the cell that are also used as benches. Rated capacity as a holding cell. When bunks are used, the capacity would be two. Since this cell was constructed before 1978, it does not fall under the Minimum Jail Standards. Holding 2001 1 (4) 45.5 sq. ft. 1 1 1 45.5 square feet. 72” of bench available. 2016-2018: No Change *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. 2995 Madera Chowchilla Police Dept. THF 18-20 - 1 - A360 LAS Adult.dot (03/01)