Merced County, Los Banos Police Department (2016-2018 inspection cycle)

September 18, 2018 Gary Brizzee, Chief of Police Los Banos Police Department 945 5th Street Los Banos, CA 93635 PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Brizzee: On May 18, 2018, staff of the California Board of State and Community Corrections (BSCC) conducted the 2016 - 2018 biennial inspection of the Los Banos City Jail pursuant to Penal Code Section 6031 and Welfare and Institutions Code (WIC) Section 209. The jail was inspected for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requirements for holding minors. The inspection consisted of a review of applicable policies and procedures governing the operation of the facility, staff interviews, a review of documentation to verify that your practices follow your written procedures, and a walk- through of the physical plant. 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 these reports for a comprehensive perspective of your facility. FIRE INSPECTION: By regulation, a fire inspection is required every two years. The most recent fire inspection occurred on 7/19/17 and is current. HEALTH INSPECTIONS: Health Department inspections for the facility occurred as follows: 3200 Los Banos THJ Ltr: 9/12/18 Gary Brizzee, Chief of Police Page 2 Medical /Mental Nutritional Environmental Health Health Los Banos City Jail 7/28/16 7/28/16 7/28/16 All Health Department inspections are due annually and are overdue. Please forward inspection reports as they become available. BSCC INSPECTION PHYSICAL PLANT: The Los Banos City Jail was opened in 1969 and is evaluated under the 1963 Title 24 standards.1 The facility consists of six housing cells with a rated capacity of 20 inmates, plus a sobering cell. BSCC reviews physical plants against the Title 24 standards at the time of original design or significant remodel. Based on the applicable standards, there were no issues of non-compliance noted. The jail was clean and well-kept. Minors in secure detention can be held securely in a conventional cell, sight and sound separate from adult arrestees. Minors in non-secure detention are held in an interview room. POLICY REVIEW: BSCC reviewed the relevant sections of agency policy against regulation to ensure that each subject required by regulation was addressed in policy. The published policy is reviewed annually and reprinted when needed. The agency is implementing a new policy manual, published in 2018, which was used for this review. Regarding policy, the following issue of non-compliance was noted: Title 15 Section 1029 Policy and Procedures Manual: This regulation requires that the agency publish a policy and procedures manual containing, among other things, emergency procedures for a variety of events including escape, disturbances and hostages. The existing policy manual lacks these components. To remedy this point of non-compliance, please include the missing policy topics and forward copies to BSCC at your convenience. PROCEDURES REVIEW: BSCC continued its inspection by evaluating procedures at the facility and reconciling them against regulation. Those evaluations typically include an in-depth review of documentation related to jail operations including security logs, shift schedules, local inspection results, classification documents, incident reports and other records which give insight to the facility’s operations. BSCC sought out evidence to ensure that practices matched regulations. No arrestees were present and no arrestee interviews were conducted. Arrestees are supervised by Community Service Officers (CSO) or police dispatchers. Staff members that supervise arrestees are required to complete the Core training course within one year of appointment. Due to staffing changes, 1 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel. 3200 Los Banos THJ Ltr: 9/12/18 Gary Brizzee, Chief of Police Page 3 not all applicable CSO’s and dispatchers have completed the Core course, causing the following items of non- compliance: Title 15 Section 1020 Corrections Officer Core Course and Title 15 Section 1025 Continuing Professional Training: These regulations require that anyone supervising arrestees complete the Core course within the first year of appointment and continue their professional training with no less than number of hours required by regulation (24 hours for Type I jails). Due to staffing changes, not all staff have completed training as required by these regulations. BSCC reviewed a variety of records to determine the adequacy of staffing and insure that procedures were adequate to meet the minimum standards. Intake records indicated that officers were uniformly assessing each inmate’s overall health and risk factors. The agency has discontinued the practice of accepting bookings and detentions from allied agencies, such as CHP arrests and county jail inmates waiting for court appearances. As such, the volume of bookings has decreased since prior years. Special needs arrestees, who require enhanced surveillance and care, include inebriated, self-destructive or violent arrestees. Suicidal or mentally disordered arrestees and those requiring restraint are not booked at this facility. Inebriated arrestees who are so impaired as to require a protected environment are booked and receive heightened surveillance. Staff records safety checks for all arrestees on paper logs. Safety checks were uniformly timely and descriptive comments helped demonstrate the arrestee’s mental and physical condition. Concerning the jail’s procedures, no other areas of non-compliance were noted. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT COMPLIANCE MONITORING: In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). All logs between 7/1/2016 and the inspection date were reviewed and found complete and comprehensive. No secure detention of juveniles has occurred during this inspection cycle. CORRECTIVE ACTION: The following points of non-compliance were noted: Title 15 Section 1029 Policy and Procedures Manual Title 15 Section 1020 Corrections Officer Core Course Title 15 Section 1025 Continuing Professional Training Please provide evidence of corrective action. Upon receipt, we will update our records to reflect compliance with all applicable regulations. ____________________ This concludes our inspection report for the 2016-2018 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. 3200 Los Banos THJ Ltr: 9/12/18 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:3200 FACILITY NAME: Los Banos Police Department – City Jail FACILITY TYPE: IJ PERSON(S) INTERVIEWED: Commander Ray Reyna FIELD REPRESENTATIVE: Steve Keithley DATE: 5/18/18 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 In addition to provisions of Penal Code Section 831.5, all Arrestees are booked by officers and CSO’s. custodial personnel have successfully completed the “Corrections Officer Core Course” as described in Section Not all officers exceeding one-year tenure are 179 of Title 15, CCR within one year of assignment. X Core trained. Some bookings are conducted Custodial personnel may substitute 832.3 PC training and by non-Core trained staff. the “Corrections Officer Basic Academy Supplemental Core Course” as described in Section 180, Title 15, CCR as an alternative. 1021 JAIL SUPERVISORY TRAINING All agency supervisors have completed POST X All supervisory custodial personnel have completed the STC supervisory training. or POST supervisory training within one year of assignment. All supervisory custodial personnel have completed the “Corrections Officer Core Course” identified in Section All jail supervisors have completed the STC 1020. (The intent is that core training be completed prior to X Core course assuming supervisory responsibilities.) 1023 JAIL MANAGEMENT TRAINING All jail management personnel have completed either the All agency management has completed POST X STC or the POST management course specified in Section management course. 182, Title 15, CCR within one year of assignment. 1025 CONTINUING PROFESSIONAL TRAINING Arrestees are supervised by officers, With the exception of any year that a core training module is dispatchers and CSO’s. successfully completed, all facility/system administrators, X managers, supervisors and custody personnel have Not all staff that supervise inmates have successfully completed the annual required training specified completed the required annual training in Section 184, Title 15, CCR. requirements. 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. 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 1 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1027 NUMBER OF PERSONNEL 201.3 Supervision of Inmates BSCC reviewed a variety of records to There are sufficient personnel on duty at all times (whenever determine that all regulated tasks are X there is an inmate in custody) to ensure the implementation completed in a safe and timely manner. and operation of all programs and activities required by We noted no evidence that staffing was these regulations. insufficient. There is a written plan that includes the documentation of We reviewed a variety of safety checks for hourly safety checks. X housing and specialty cells and found them to be consistently timely. There is at least one employee on duty at all times, who shall Dispatchers and CSO’s are constantly on-duty be immediately available and accessible with the ability to X and available to respond to an emergency. respond to any inmate in the event of an emergency. Whenever one or more female inmates are in custody, there Female staff members (dispatchers, CSO’s and is at least one female employee immediately available and X officers) are constantly present and available accessible. whenever a female arrestee is present. Note: Reference PC § 4021. A staffing plan is available which indicates personnel assigned and their duties. X Staffing plan is posted and available. 1028 1028 FIRE AND LIFE SAFETY STAFF 400 (Facility Emergencies) Procedure Whenever there is an inmate in custody, there is at least one X At least one Core-trained staff member is person on duty at all times who meets the BSCC training always on duty and available. standards for general fire and life safety. There is at least one person on duty who trained in fire and All new employees are oriented to the site, life safety procedures that relate specifically to the facility. X including fire and life safety orientation. 1029 POLICY AND PROCEDURES MANUAL 3 Agency is implementing a new manual, There is a published manual of policies and procedures for published 5/8/18. This review of adult the facility that addresses applicable regulations and detention policies uses the new policy. includes: Table of organization, including channels of X 100.3.1 Organizational Chart communications; Inspections and operations reviews by the facility X 100.3 Responsibilities administrator/manager; Use of force; X Agency Use of Force policy Use of restraint equipment, including the restraint of pregnant inmates; X 506.3 Movement of Inmates Note: Reference PC § 6030(f); Screening newly received inmates for release Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: 501 Inmate Counts X Physical counts of inmates; Searches of the facility; X 507.6 Housing Area Searches Searches of inmates; X 507 Searches (Generally) Contraband control; and, X 507.7 Physical Plant Searches Key control. X 203.3 Key Control At least annually, the facility administrator reviews, In practice, reviews occur annually. BSCC evaluates and documents internal and external security X recommends formalizing the process with measures. policy. Emergency procedures, including: X 400.3 (Facility Emergencies) Procedures 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 2 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Escape; X Disturbances; X Policy directs the Facility Manager to develop Taking of hostages; the emergency response plans, but the plans X Civil disturbance; themselves are not completed. X Natural disasters; X Periodic testing of emergency equipment; Storage, issue and use of weapons, ammunition, X chemical agents; and, X Storage, issue and use of security devices. X Suicide prevention; and, X 763 Suicide Recognition and Prevention Segregation of inmates. X 402 Classification and Segregation The manual is available to all employees. X Printed and electronic copies are available. The manual is comprehensively reviewed and updated at 100.3 Responsibilities least every two years. X Current manual published in 2018. 1032 FIRE SUPPRESSION PREPLANNING There is a fire suppression pre-plan that has been developed in consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff X Verified by inspection. with a two-year retention of the inspection record; Fire prevention inspections at least once every two years; Note: Reference Health and Safety Code Section X Most recent fire inspection – 7/19/2017 13146.1(a) and (b); An evacuation plan; and, X 400.4 Evacuation Plan A plan for the emergency housing of inmates in the event 401.8 Emergency Housing of Inmates of a fire. X Arrestees would be evacuated to the county jail. 1040 POPULATION ACCOUNTING 500.2 Policy (Population Management) The facility maintains an inmate demographics accounting X system, which reflects the monthly average daily population Arrest and booking logs are maintained. of sentenced and unsentenced inmates by categories of male, female, and juvenile. The Jail Profile Survey information is provided to the BSCC. X Agency participates in JPS submissions. 1041 INMATE RECORDS There are written policies and procedures for the maintenance of individual inmate records which include intake information, personal property receipts, commitment X 202 Inmate Records papers, court orders, reports of disciplinary action taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. 1044 INCIDENT REPORTS There are written policies and procedures for the maintenance of written records and reporting of all incidents X 204.4 Shift Activity Log that result in physical harm, or serious threat of physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 3 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Written record is prepared by appropriate staff and submitted to the facility manager or his/her designee. X 204.5 Report Preparation 1045 PUBLIC INFORMATION PLAN The facility has suitable written policies and procedures for X Agency policy regarding information release. the dissemination of information to the public, government agencies and news media. Title 15, CCR, Minimum Standards for Local Detention X Title 15 is available upon request. Facilities is available for review by the public and inmates. Facility rules and procedures affecting inmates as specified 503.2.1 Initial Orientation in this section are available to the public and inmates. X Rules are given at orientation. 1046 DEATH IN CUSTODY X 508.5 In-Custody Death Review Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the facility provides the Board of State and Community Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X 508.3 Mandatory Reporting Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN 502.5 Classification X The facility has a written classification plan designed to properly assign inmates to housing units and activities. Includes receiving screening performed at intake by trained X personnel. Includes maintenance of a record of each inmate's classification level, housing restrictions and housing X Verified by inspection. assignments. 1051 COMMUNICABLE DISEASES 502.3.1 Non-Detainable Inmate Screening There are written policies and procedures specifying those X Policy declares this class of inmates ineligible symptoms that require segregation of an inmate until a for booking. medical evaluation can be completed. An inquiry is made to determine if the inmate has or has had any communicable diseases, or has observable symptoms of communicable diseases, including but not limited to X Inquiry would be made at the housing facility. tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or screening device. X 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 4 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1052 MENTALLY DISORDERED INMATES 502.3.1 Non-Detainable Inmate Screening There are written policies and procedures for the X Policy declares this class of inmates ineligible identification and evaluation of all mentally disordered for booking. inmates. An evaluation by health care staff occurs within 24 hours of identification or at the next daily sick call, whichever is X Evaluation would occur at the housing facility. earliest. Segregation may be used if necessary to protect the safety of X the inmate or others. There are provisions for transfer of such inmates to a medical facility for diagnosis, treatment, and evaluation of such suspected mental disorder, pursuant to Section 1209, X Title 15, CCR. 1053 ADMINISTRATIVE SEGREGATION 502.3.1 Non-Detainable Inmate Screening There are written policies and procedures, which provide for administrative segregation of inmates who are determined to X Policy declares this class of inmates ineligible be prone to: escape; assault staff or other inmates; disrupt for booking. operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting inmates X and staff. 1055 USE OF SAFETY CELL No safety cell at this facility. The safety cell, specified in Title 24, Part 2, Section 1231 X 2.5, is used only to hold inmates who display behavior that Balance of this regulation is deleted. results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL 511 Safety and Sobering Cell The sobering cell, specified in Title 24, Part 2, Section 1231 X BSCC reviewed a sampling of sobering cell 2.4 is used only for holding inmates who are a threat to their records and found each inebriate’s need for own safety or the safety of others due to their state of safe housing well documented. intoxication and pursuant to written policies and procedures. Intermittent direct visual observation of inmates in sobering cells conducted no less than every half hour and is X Safety checks are consistently timely. documented. An evaluation by a medical staff person or by custody staff, pursuant to written medical procedures in accordance with At six hours duration in the sobering cell, X Section 1213 of these regulations, occurs whenever any inmates are assessed for continued retention. inmate is retained in a sobering cell for more than six hours. Such inmates are removed from the sobering cell when they are able to continue with processing. X 1057 DEVELOPMENTALLY DISABLED 502.3.1 Non-Detainable Inmate Screening INMATES X Policy declares this class of inmates There are written procedures for identification and (developmentally disabled) ineligible for evaluation of all developmentally disabled inmates. booking. 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 5 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS A contact to the regional center occurs within 24 hours when an inmate is suspected or confirmed to be developmentally X Contact would be made by the housing agency. disabled. 1058 USE OF RESTRAINT DEVICES The use of restraint, as intended by this X regulation, is prohibited at this facility. There are written policies and procedures for the use of Balance of this regulation is deleted. restraint devices that include: 1059 USE OF REASONABLE FORCE TO COLLECT DNA SPECIMENS, SAMPLES, In practice, the use of force to gather DNA IMPRESSIONS specimens is prohibited at this facility. Policy and procedures describe the use of reasonable force to BSCC recommends that a specific policy X collect blood specimens, salvia samples, or thumb/palm print statement prohibiting this action be included in impressions from individuals who are required to provide such the policy manual. and refuse written or oral requests to do so. Policies and procedures address: The balance of this regulation is deleted. Note: Reference PC § 296 1062 VISITING Facility administrator has developed and implemented 1002 Inmate Visitation written policies and procedures for inmate visiting, including:. Sentenced inmates are allowed at least two visits X No sentenced inmates are held at this facility. totaling at least one hour per week. Visitation procedures include provisions for visitation X by minor children of the inmate. The plan includes a schedule that assures non- sentenced detainees will be afforded a visit no later X Visiting occurs daily. than the calendar day following arrest. Types and availability of visitation, including: Note: Reference PC § 6031.1 (June 2017) Mode of visitation; Visiting occurs daily by using the attorney X visiting room. Visitation hours; All visiting is barrier visits and occurs daily X from 5-6 PM. Time inmates are allowed for visitation; and, Policy and practice require visitation to meet X Title 15 requirements, whatever they may be. Any restrictions on inmate visitation. Visits may be cancelled or prohibited due to X risk conditions. 1063 CORRESPONDENCE The facility administrator has developed written policies and X 1000.3 Mail (Generally) procedures for inmate correspondence. The policy and procedures provide that: There is no limitation placed on the volume of mail an X inmate may send or receive. Correspondence may be read where there is a valid security X 1000.3 Mail (Generally) reason and the facility manager or designee approves. 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 6 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Jail staff does not review inmate correspondence to or from state and federal courts, any member of the State Bar or holder of public office, and the Board of State and X 1000.3 Mail (Generally) Community Corrections; however, jail staff may open and inspect such mail only to search for contraband, cash, checks, or money orders in the presence of the inmate. Confidential correspondence with the facility administrator X 1000.3 Mail (Generally) and/or manager is permitted. Inmates without funds are permitted at least two postage- X paid letters each week to family and friends. This process occurs in practice. BSCC Inmates without funds are permitted unlimited postage-paid recommends that it be included in policy. correspondence with his/her attorney and the courts. X 1065 EXERCISE AND RECREATION This process occurs in practice. BSCC X Table games and/or television are available to inmates. recommends that it be included in policy. 1066 BOOKS, NEWSPAPERS, AND PERIODICALS, AND WRITINGS 1000.7 Newspaper There is a written plan to make available a daily newspaper Policy does not require non-English X in general circulation, including a non-English language newspaper, although one is constantly publication, to assure reasonable access to interested available. BSCC recommends that it be inmates. included in policy. 1067 ACCESS TO TELEPHONE There are written policies and procedures that allow X 1001 Inmate Telephone Access reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS There are written policies and procedures to ensure that X inmates have access to the courts. Such access shall consist of the following: Unlimited mail as provided in Section 1063(f) of these X 1000.3 Mail (Generally) regulations. Confidential consultation with attorneys. X 1002.8 Attorney Visits 1069 INMATE ORIENTATION There are written policies and procedures for the X 503 Inmate Handbook and Orientation implementation of a program reasonably understandable to non-sentenced inmates to orient a newly received inmate at the time of placement in a living area. The program shall be published. X The program shall include, but not be limited to: X Rules and disciplinary proceedings; X Visiting rules; X Availability of personal care items; X Availability of reading and recreational materials; X and, Medical/mental health procedures; and, X 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 7 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Voting, including registration. X 1071 VOTING (Applicable to sentenced inmate workers.) Facilities holding sentenced inmate workers have written 601.5 Voting Rights policies and procedures whereby the county registrar allows X qualified voters to vote in local, state, and federal elections No sentenced inmates are held at this facility. pursuant to the elections code. 1072 RELIGIOUS OBSERVANCES 503.2.1 Initial Orientation Requests for religious accommodations are There are written policies and procedures to provide X only mentioned in orientation. BSCC opportunities for inmates to participate in religious services, recommends that policy addresses the methods practices, and counseling on a voluntary basis. and scope of services available to inmates. 1073 INMATE GRIEVANCE PROCEDURE (Applicable to facilities having inmate workers and/or prisoners who are held for “safekeeping.”) X 604 Inmate Grievances Any inmate may appeal and resolve grievances relating to any condition of confinement. There are written policies and procedures that include: A grievance form or instructions for registering a X grievance. Resolution at lowest appropriate staff level. X Provisions for resolving questions of jurisdiction within Policy requires this information to be provided the facility. but does not provide the information to be X included. BSCC recommends expanding policy to include directions for the inmate. Provisions for appeal to next level of review. X Written reasons for denial at each level of review. X Provisions for response in a reasonable time limit. X 1081 PLAN FOR INMATE DISCIPLINE (WA) There are written policies and procedures for inmate discipline. (This may be waived by written policy stating X 605 Inmate Discipline that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 8 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).dot) DETENTION OF MINORS YES NO N/A Are minors held in this facility? Policy allows holding minors in secure detention in the facility. If YES, then the core requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the X No minors have been held in secure detention provisions of Title 15, Article 9, Minors in Detention in a in the facility during this inspection cycle. Law Enforcement Facility apply and will be inspected for. Compliance is based on policy alone. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. Reference: WIC 206 & 207 Number of violations:0 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles may not be confined or detained in any facility in which they have contact with adult prisoners. X Reference: WIC 208 Number of violations:0 42 USC 5633 SECTION 223(a)(13) JAIL REMOVAL (SIX-HOUR HOLD EXCEPTION) During the previous calendar year, minors are securely X detained for a period not to exceed six hours. Number of violations:0 Reference: WIC 207.1(d)1(B) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1142 WRITTEN POLICIES AND PROCEDURES Agency is migrating to a new policy manual, published in 2018. Juvenile policies have not Written policies and procedures concerning minors held in X yet been adopted and this section refers to the temporary custody address: 2014 Jail Operations Manual (still in effect for minors). Suicide risk and prevention; X 1323 Suicide Prevention of Juveniles Use of restraints; X 1324 Use of Restraint Devices Emergency medical assistance and services; and, X 1322 Emergency Medical Care of Juveniles Prohibiting use of discipline. X 1325 Discipline of Juveniles 1143 CARE OF MINORS IN TEMPORARY CUSTODY The following are made available to all minors held in X temporary custody: 1315 Mandated Juvenile Provisions access to toilets and washing facilities; one snack upon request during term of temporary custody if the minor has not eaten within the past (4) hours or is X otherwise in need of nourishment; access to drinking water; and, X 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 9 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).dot) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS privacy during consultations with family, guardian, or X lawyer. Minors placed in locked rooms are: provided blankets and clothing, as necessary, to assure the X comfort of the minor; and, permitted to retain and wear his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is required to be utilized as evidence of an X offense. 1144 CONTACT BETWEEN MINORS AND ADULT PRISONERS Policies and procedures ensure that there is no physical or X sustained sight or sound contact between juveniles in detention and incarcerated adults. 1308 Non-Contact Requirements Reference: WIC 208 In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, X side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE DETENTION Minors are held in secure detention in a law enforcement facility only if the minor is in custody for an offense X described by WIC § 602, is at least 14 years of age, and presents a serious security risk of harm to self or others. 1311 Secure Detention of Juveniles Reference: WIC 207.1 (d) 1 No minors have been held in secure detention in Factors to be considered when determining if the minor the jail during this inspection cycle. presents a serious security risk to self or others are: age, maturity and delinquent history; severity of offense for which taken into custody; minor’s behavior; availability of X staff to provide adequate supervision or protection of the minor; and, age, type and number of other individuals detained at the facility. 1146 CONDITIONS OF SECURE DETENTION While in secure detention, a minor may be locked in a room or other secure enclosure, secured to a cuffing rail, or X 1311 Secure Detention of Juveniles otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS HELD INSIDE A LOCKED ENCLOSURE X Minors must receive adequate supervision which includes: 1311 Secure Detention of Juveniles Constant auditory access to staff by the minor; and, No minors have been held in secure detention in documented, safety checks are conducted by staff at least the jail during this inspection cycle. once every 30 minutes. X Reference: WIC 207.1(d)1(E) 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 10 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).dot) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS Males and females are not placed in the same locked room unless they are under constant direct visual observation by X staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE DETENTION OUTSIDE OF A LOCKED 1311 Secure Detention of Juveniles ENCLOSURE X Minors are not held in secure detention outside Minors held in secure detention outside of a locked of a locked enclosure. enclosure are not secured to a stationary object for more than 60 minutes unless no locked enclosure is available. A staff person from the facility is present at all times to assure the minor’s safety while secured to a stationary X object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter is approved by a X supervisor and documented. The decision to secure a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter is X based on the best interests of the minor. 1150 SUPERVISION OF MINORS IN NON-SECURE 1309 Non-Secure Custody CUSTODY X BSCC reviewed all logs for non-secure custody Minors held in non-secure custody receive constant direct and found all required tasks had occurred in a visual observation by staff of the law enforcement facility. timely manner. Monitoring a minor using audio, video, or other electronic X devices does not replace direct visual observation. Entry and release times are documented and available for review. X 1151 INTOXICATED AND SUBSTANCE ABUSING MINORS Facility administrators shall develop policies and X procedures providing that a medical clearance shall be obtained for minors who are intoxicated by any substance, 1328 Intoxicated and Substance Abusing Minors to the extent that they are unable to care for themselves. Supervision of minors in secure detention includes safety No inebriated minors have been held in the jail checks no less than once every 15 minutes until resolution during this inspection cycle. X of the intoxicated state, with the actual time of each personal observation documented. Supervision of minors in nonsecure detention who display outward signs of intoxication shall be supervised in X accordance with Section 1150. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION FACILITY There are policies and procedures for notifying the court 1322 Emergency Medical Care of Juveniles in and the parent, guardian or person standing in loco parentis, X Custody in the event of a suicide attempt, serious illness, injury or death or a minor in custody. 3200 Los Banos IJ Pro 16-18: 9/11/2018 - 11 - A352 Type I PRO eff. 9/2012 & 6/2017 (16/18).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 CSA Code: 3200 FACILITY NAME: Los Banos Police Department FACILITY TYPE: IJ APPLICABLE REGULATIONS (Check All That Apply): PRE-73: X Post 4/73: OTHER: FIELD REPRESENTATIVE: Steve Keithley DATE: 5/18/18 TITLE 24 SECTION YES NO N/A COMMENTS Holding Cells (2.2) No holding cells; multiple cells are used for X holding inmates. 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 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 Secure Vault or Storage Space (2.1) X Available for inmate valuables 3200 Los Banos PD IJ PHY;9/12/18 - 1 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Single Occupancy Cells (2.6) X Maximum capacity of one inmate. A minimum width of 6 feet, length of 7.5 feet and height of 8 feet X 4-73: Minimum width of 6 feet, length 8 feet and height of 8 feet, OR clear floor area of 43 square feet Contain toilet and washbasin and drinking fountain X Contain a bunk capable of accommodating a standard 30" X 76" mattress X Multiple Occupancy Cells (8227) 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) X No safety cells. Designed to house one person Dormitory (2.8) X No dormitories. Capacity of 4-50 inmates 4-73: Capacity limitation deleted Showers (3.4) 4-73: Available at 1:16 ratio X 94: Ratio changed to 1:20 Lighting (3.6) X 4-73: Sufficient to permit easy reading 4-73: Night lighting is sufficient to allow good supervision X Comfortable Living Environment (102(c)6 4-73: A comfortable living environment is maintained X through an adequate heating and cooling system 3200 Los Banos PD IJ PHY;9/12/18 - 2 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Dayrooms (2.9) 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 Inmates are allowed visits in a designated area. 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 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 3200 Los Banos PD IJ PHY;9/12/18 - 3 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Emergency Power (2.24) Recommended in Pre-73 facilities X 4-73: Required; to provide minimal lighting, communication s and alarm systems 3200 Los Banos PD IJ PHY;9/12/18 - 4 - A380 PHY Type P73&4-73.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3200 FACILITY: Los Banos Police Department TYPE: IJ RC: 20 FIELD REPRESENTATIVE: Steve Keithley DATE: 5/18/18 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 1 Multiple 1963 1 3 3 3 9.0 x 13.0 x 12.0 1 1 1 Prior Note: One shower available for the entire facility (Male housing). Cells were renumbered in 2004 (Cell number 1 was cell number 2 previously). 2 Multiple 1963 1 3 3 3 8.5 x 13.5 x 12.0 1 1 1 Prior Note: Prorated airspace from corridor. Male housing. Cells were renumbered in 2004 (Cell number 2 was cell number 3 previously) 3 Multiple 1963 1 4 4 4 8.5 x 20 x 12.0 1 1 1 Prior Note: Prorated airspace from corridor. Male housing. Cells were renumbered in 2004 (Cell number 3 was cell number 4 previously) 4 Multiple 1963 1 4 4 4 9.0 x 20.0 x 12.0 1 1 1 Prior Note: Male housing. Cells were renumbered in 2004 (Cell number 4 was cell number 1 previously) 5 Sobering 1963 1 (15) 13.0 x 19.5 1 1 1 6 Multiple 1963 1 3 3 3 9.5 x 11.5 x 10.5 1 1 1 Prior Note: Prorated airspace from corridor. Typically used for female or juvenile housing. 7 Multiple 1963 1 3 3 3 9.5 x 11.5 x 10.5 1 1 1 Prior Note: Prorated airspace from corridor. Typically used for female or juvenile housing. *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. 3200 Los Banos IJ 14-16 LAS;9/12/18 - 1 - A360 LAS Adult.dot (03/01)