Merced County, Los Banos Police Department (2018-2020 inspection cycle)

January 19, 2021 Chief Gary Brizzee Los Banos Police Department 945 5th Street Los Banos, CA 93635 2018-2020 BIENNIAL INSPECTION OF LOS BANOS POLICE DEPARTMENT CITY JAIL, PENAL CODE 6031 Chief Brizzee, On April 06, 2020, pursuant to Penal Code Section 6031, BSCC staff completed the 2018-2020 Biennial Inspection of the Los Banos Police Department City Jail via desk audit. 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. 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) for the separation requirements of juveniles from incarcerated adults. Due to the coronavirus pandemic and the issuance of a statewide shelter-in-place order, the BSCC was unable to complete on-site inspections from mid-March through June 30, 2020, the end of the 2018-2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and supporting documentation. The BSCC inspection report consists of this transmittal letter and the attached Title 15 Procedures checklist. Compliance is indicated by policy and/or documentation review. Please refer to the Title 15 Procedures Checklist for a summary of all relevant minimum standards, indication of compliance or noncompliance, and information used to determine compliance. Local Inspections In addition to a biennial inspection by the BSCC, inspections are 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. 3200 Merced County Los Banos THJ Ltr 18-20 Chief Gary Brizzee 2 LOS BANOS CITY JAIL LOCAL INSPECTIONS Fire and Life Safety 04/06/20 Medical and Mental 03/29/19 Health Nutritional Health 03/29/19 Environmental Health 03/29/19 BSCC Inspection Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations in Title 15, CCR.1 Of the policies reviewed, BSCC found none that were not compliant with regulations. Title 24, CCR Physical Plant Due to the coronavirus pandemic and the issuance of a statewide and local shelter-in-place orders, a physical walk-through of the facilities did not occur during this inspection cycle. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC is the designated state agency responsible for monitoring local detention facilities for compliance with the JJDPA. During our review of policy and procedure, we found two areas of violation regarding Welfare and Institutions Code Section 207.1(d); Please see page 25 of the Title 15 Procedures checklist for further information. This concludes the 2018-2020 biennial inspection of the Los Banos Police Department City Jail. We would like to express our gratitude to Sergeant Ivan Mendez for assistance with the inspection process. We look forward to working with you in the future. If you should have any questions, please contact Tim McWilliams at (916) 956-1559 or by email at tim.mcwilliams@bscc.ca.gov. Sincerely, TIM MCWILLIAMS Field Representative Facilities Standards and Operations Division 1 BSCC does not review all your policies and procedures. We do not “approve” your 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. 3200 Merced Los Banos THJ Ltr 18-20 Chief Gary Brizzee 3 Enclosures cc: Los Banos City Counsel* City Administrator, City of Los Banos* Presiding Judge, Superior Court, Merced County* Grand Jury Foreperson, Superior Court, Merced County* Ivan Mendez, Sergeant, Los Banos Police Department (electronic copy) *Complete copies of this inspection are available upon request and at www.bscc.ca.gov 3200 Merced Los Banos THJ Ltr 18-20 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3200 FACILITY NAME: Merced County, Los Banos Police Department FACILITY TYPE: IJ PERSON(S) INTERVIEWED: Procedures and supporting documentation review only, no on-site inspection completed FIELD REPRESENTATIVE: Tim McWilliams DATE: April 26, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 LBPDJOM 201 Jail Operations Training (a) In addition to the provisions of California Penal Code The jail uses Community Services Officers and Section 831.5, all custodial personnel of a Type I, II, III, or ☒ ☐ ☐ Dispatch Matrons that attend a certified IV facility shall successfully complete the “Corrections Corrections Officer Core Course. Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully completed LBPDJOM 201 Jail Operations Training the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING LBPDJOM 201.5 Jail Supervisory Training Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV LBPDJOM 201.5 Jail Supervisory Training jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING LBPDJOM 202 Jail Management Training Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 3200 Merced Los Banos PD IJ PRO 18-20 - 1 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING LBPDJOM 201 Jail Operations Training LBPDJOM 201.5 Jail Supervisory Training With the exception of any year that a core training module LBPDJOM 202 Jail Management Training is successfully completed, all facility/system administrators, ☒ ☐ ☐ managers, supervisors, and custody personnel of a Type I, The training plan is available on the II, III, or IV facility shall successfully complete the “annual departmental website. Scheduled for June 2020 required training” specified in Section 184 of Title 15, CCR. is a training on Title 15, Combative Inmates, Cell Extractions, and Mental Health concerns. 1027 NUMBER OF PERSONNEL LBPDJOM 203 Number of Personnel/Staffing Plan A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. Whenever there is an inmate in custody, there shall be at LBPDJOM 203 Number of Personnel/Staffing least one employee on duty at all times in a local detention Plan facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which LBPDJOM 203 Number of Personnel/Staffing would conflict with the supervision and care of inmates in ☒ ☐ ☐ Plan the event of an emergency. Whenever one or more female inmates are in custody, there LBPDJOM 203 Number of Personnel/Staffing shall be at least one female employee who shall be Plan ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for LBPDJOM 203 Number of Personnel/Staffing a specific facility, the facility administrator shall prepare and Plan retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ A review of the staffing plan indicates that reviewed by the Board staff at the time of their biennial there are a sufficient number of male and inspection. The results of such a review and female personnel on duty at any one time to recommendations shall be reported to the local jurisdiction perform all necessary tasks. having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS LBPDJOM 203 Number of Personnel/Staffing Safety checks shall be conducted at least hourly through Plan direct visual observation of all inmates. There shall be no ☒ ☐ ☐ more than a 60-minute lapse between safety checks. A review of a sampling of safety check logs indicates that safety checks are performed within acceptable time frames to meet this regulation. There is a written plan that includes the documentation of LBPDJOM 203 Number of Personnel/Staffing ☒ ☐ ☐ routine safety checks. Plan 1028 1028 FIRE AND LIFE SAFETY STAFF LBPDJOM 203 Number of Personnel/Staffing Plan Pursuant to Penal Code Section 6030(c), whenever there is ☒ ☐ ☐ an inmate in custody, there shall be at least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. The facility manager shall ensure that there is at least one LBPDJOM 203 Number of Personnel/Staffing person on duty who is trained in fire and life safety ☒ ☐ ☐ Plan procedures that relate specifically to the facility. 3200 Merced Los Banos PD IJ PRO 18-20 - 2 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 3 Los Banos Police Department Jail Operations Manual (LBPDJOM) Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and Los Banos Police Department Policy Manual procedures manual shall address all applicable Title 15 and (LBPDPM) Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be Update of policy manual: March 2019 made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of LBPDPM 200 Organizational Structure and ☒ ☐ ☐ communications. Responsibility (2) Inspections and operations reviews by the facility LBPDJOM 125 Sergeants and Watch administrator/manager. Commanders LBPDJOM 203 Number of Personnel/Staffing ☒ ☐ ☐ Plan LBPDJOM 1105 Watch Commander Inspections (3) Policy on the use of force. LBPDPM 300 Use of Force ☒ ☐ ☐ LBPDJOM 767.3.4 Use of Force to Obtain Samples (4) Policy on the use of restraint equipment, including the LBPDPM 302.3.2 Restraint of Pregnant restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Persons Section 3407. (5) Procedure and criteria for screening newly received inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ LBPDJOM 4001 Classification Plan 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ LBPDJOM 301 Population Accounting (B) searches of the facility and inmates, ☒ ☐ ☐ LBPDPM 900 Custodial Searches (C) contraband control, and, ☒ ☐ ☐ LBPDPM 900 Custodial Searches (D) key control. LBPDJOM 1201 Fire Suppression Pre- ☒ ☐ ☐ Planning Each facility administrator shall, at least annually, review, LBPDJOM 127 Facility Administrator evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ Last review: 09/25/19 measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: LBPDJOM 1201 Fire Suppression Pre- (A) fire suppression preplan as required by section ☒ ☐ ☐ Planning 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; LBPDJOM 1207 Escape, Disturbance, Taking ☒ ☐ ☐ Hostages 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3200 Merced Los Banos PD IJ PRO 18-20 - 3 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) mass arrests; LBPDJOM 1201 Fire Suppression Pre- Planning ☒ ☐ ☐ Mass arrests are coordinated with available resources and through the use of mutual aide with the Merced County Sheriff’s Office. (D) natural disasters; ☒ ☐ ☐ LBPDJOM 1028 Natural Disaster (E) periodic testing of emergency equipment; and, LBPDJOM 1201 Fire Suppression Pre- ☒ ☐ ☐ Planning (F) storage, issue, and use of weapons, ammunition, LBPDJOM 1209 Storage Issue and The Use Of chemical agents, and related security devices. ☒ ☐ ☐ Weapons, Ammunition, Chemical Agents and Related Security (8) Suicide Prevention. LBPDJOM 763 Suicide Recognition and ☒ ☐ ☐ Prevention (9) Segregation of Inmates. ☒ ☐ ☐ LBPDJOM 401 Classification Plan (10) Zero tolerance in the prevention of sexual abuse and LBPDPM 901 Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond LBPDPM 901 Prison Rape Elimination to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, LBPDPM 901 Prison Rape Elimination Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: Informational memo posted in jail informing (1) multiple internal ways for inmates to privately report inmates of multiple ways of reporting these sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ incidents. inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, LBPDPM 901 Prison Rape Elimination community members, and other interested third-parties Informational memo on how to report posted in to report sexual abuse or sexual harassment. The lobby of jail facility. method for reporting shall be publicly posted at the facility. ☒ ☐ ☐ Policy states that information will be posted on the departmental website. BSCC recommends that the agency publish information on how to report on its website. 1030 SUICIDE PREVENTION PROGRAM LBPDJOM 763 Suicide Recognition and Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ 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 LBPDJOM 201 Jail Operations Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon LBPDJOM 722 Medical Screening ☒ ☐ ☐ intake and prior to housing assignment. (c)Provisions facilitating communication among LBPDJOM 722 Medical Screening arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ LBPDJOM 401 Classification Plan (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ LBPDJOM 748 Surveillance of Inmates 3200 Merced Los Banos PD IJ PRO 18-20 - 4 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (f) Suicide attempt and suicide intervention policies and LBPDJOM 763 suicide Recognition and ☒ ☐ ☐ procedures. Prevention (g) Provisions for reporting suicides and suicides attempts. LBPDJOM 763 suicide Recognition and ☒ ☐ ☐ Prevention (h) Multi-disciplinary administrative review of suicides and LBPDJOM 745 Death of Inmates attempted suicides as defined by the facility The policy identifies a review of suicides, but ☒ ☐ ☐ administrator. not suicide attempts, BSCC recommends adding this section to existing policy. 1032 FIRE SUPPRESSION PREPLANNING LBPDJOM 1201 - B Fire Suppression Pre- Planning 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 LBPDJOM 1201 - B Fire Suppression Pre- department to be included as part of the policy and procedures Planning ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a LBPDJOM 1201 - B Fire Suppression Pre- monthly basis with two-year retention of the inspection Planning ☒ ☐ ☐ record; All monthly fire prevention inspections conducted since July 2018 (c) fire prevention inspections as required by Health and LBPDJOM 1201 - B Fire Suppression Pre- Safety Code Section 13146.1(a) and (b) which requires Planning inspections at least once every two years; ☒ ☐ ☐ LBPDJOM 1204 Fire Inspections Last Inspection:04/06/2020 (d) an evacuation plan; and, LBPDJOM 1201 - B Fire Suppression Pre- ☒ ☐ ☐ Planning Evacuation Routes in LBPDJOM (e) a plan for the emergency housing of inmates in the case of LBPDJOM 1201 - B Fire Suppression Pre- ☒ ☐ ☐ fire. Planning 1040 POPULATION ACCOUNTING LBPDJOM 301 Population Accounting Each facility administrator shall maintain an inmate ☒ ☐ ☐ demographics accounting system which reflects the monthly average daily population of sentenced and non-sentenced inmates by categories of male, female and juvenile. Facility administrators shall provide the BSCC with LBPDJOM 301 Population Accounting applicable inmate demographic information as described in ☒ ☐ ☐ the Jail Profile Survey. 1041 INMATE RECORDS LBPDJOM Inmate Records (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the maintenance of individual inmate records which shall ☒ ☐ ☐ include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. 3200 Merced Los Banos PD IJ PRO 18-20 - 5 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Each facility administrator shall collect accurate, LBPDJOM Inmate Records uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its inmates. The data ☒ ☐ ☐ collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1) (federal survey on sexual violence). 1044 INCIDENT REPORTS LBPDJOM 304 Incident Reports Each facility administrator shall develop written policies and Since inmates are only held a short time, it is procedures for the maintenance of written records and ☒ ☐ ☐ very rare for incidents to occur in the jail. No reporting of all incidents which result in physical harm, or incident reports emanated from the jail during serious threat of physical harm, to an employee or inmate of this inspection cycle. a detention facility or other person. Such records shall include the names of the persons LBPDJOM 304 Incident Reports involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned LBPDJOM 304 Incident Reports to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1045 PUBLIC INFORMATION PLAN LBPDJOM 305 Public Information Plan Each facility administrator of a Type I, II, III or IV facility The public can request to view policies from shall develop written policies and procedures for the the Chief of Police. ☒ ☐ ☐ dissemination of information to the public, to other government agencies, and to the news media. The public and inmates shall have available for review the following material: (a) The State Corrections Standards Authority Minimum LBPDJOM 305 Public Information Plan Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as LBPDJOM 305 Public Information Plan ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ LBPDJOM 305 Public Information Plan (2) 1061, Inmate Education Plan ☐ ☐ ☒ Type I Facility (3) 1062, Visiting ☒ ☐ ☐ LBPDJOM 503 Visiting: Rules and Regulations (4) 1063, Correspondence ☒ ☐ ☐ LBPDJOM 505 Correspondence/Mail (5) 1064, Library Service ☒ ☐ ☐ LBPDJOM 506 Newspapers (6) 1065, Exercise and Recreation ☒ ☐ ☐ LBPDJOM 507 Table Games (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ LBPDJOM 506 Newspapers (8) 1067, Access to Telephone ☒ ☐ ☐ LBPDJOM 508 Access to Telephone (9) 1068, Access to Courts and Counsel LBPDJOM 509 Access to the Court and Counsel LBPDJOM 510 Access to the Courts ☒ ☐ ☐ LBPDJOM 511 Access to Counsel LBPDJOM 512 Request for Interview by Attorneys (10) 1069, Inmate Orientation ☒ ☐ ☐ LBPDJOM 514 Inmate Orientation (11) 1070, Individual/Family Service Programs ☐ ☐ ☒ Type I Facility (12) 1071, Voting LBPDJOM Inmate Registration to Vote ☒ ☐ ☐ LBPDJOM Absentee Voting (13) 1072, Religious Observance LBPSJOM 504 Visits from Professionals ☒ ☐ ☐ LBPDJOM 519 Clergy Registration and Visits 3200 Merced Los Banos PD IJ PRO 18-20 - 6 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ LBPDJOM 602 Inmate Grievance Procedure (15) 1080, Rules and Disciplinary Penalties ☒ ☐ ☐ LBPDJOM 601 Rules and Discipline (16) 1081, Plan for Inmate Discipline ☒ ☐ ☐ LBPDJOM 601 Rules and Discipline (17) 1082, Forms of Discipline ☐ ☐ ☒ Discipline not administered; inmate transferred (18) 1083, Limitations on Discipline ☐ ☐ ☒ Discipline not administered; inmate transferred (19) 1200, Responsibility for Health Care Services LBPDJOM 701 Responsibility for Health Care ☒ ☐ ☐ Services 1046 DEATH IN CUSTODY LBPDJOM 745 Death of Inmates (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ☒ ☐ ☐ ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ LBPDJOM 745 Death of Inmates practices are warranted; and to identify issues that require further study. (b) Death of a Minor LBPDJOM 1327 Death of a Juvenile While In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Detained lockup, or court holding facility: (1) The administrator of the facility shall provide to the LBPDJOM 1327 Death of a Juvenile While Board a copy of the report submitted to the Attorney Detained General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the LBPDJOM 1327 Death of a Juvenile While administrator, the Board may within 30 calendar days Detained inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN LBPDJOM 401 Classification Plan (a) Each administrator of a temporary holding, Type I, II, or Males and females are separated, and inmates III facility shall develop and implement a written are housed with others of similar levels of classification plan designed to properly assign inmates to criminal sophistication. Inmates are screened at housing units and activities according to the categories of sex, the time of intake. age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed ☒ ☐ ☐ and other criteria which will provide for the safety of the inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. 3200 Merced Los Banos PD IJ PRO 18-20 - 7 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each administrator of a Type II or III facility shall establish LBPDJOM 401 Classification Plan and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign inmates to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available about the inmate and from the inmate and shall provide for ☒ ☐ ☐ a channel of appeal by the inmate to the facility administrator or designee. An inmate who has been sentenced to more than 60 days may request a review of his classification plan no more often than 30 days from his last review. Subsection b does not apply and has been deleted. (c) In deciding whether to assign an inmate to a housing area LBPDJOM 401 Classification Plan for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES LBPDJOM 404 Communicable Diseases The facility administrator, in cooperation with the Dependent upon the type of communicable responsible physician, shall develop written policies and ☒ ☐ ☐ disease, they jail may transfer the inmate to the procedures specifying those symptoms that require Merced County Jail for housing. segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be LBPDJOM 404 Communicable Diseases made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES LBPDJOM 405 Mentally Disordered Inmates LBPDJOM 727 Mentally Ill and Gravely The facility administrator, in cooperation with the Disabled Persons responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered ☒ ☐ ☐ Inmate who display behavior that can result in inmates, and may include telehealth. physical destruction of property or who reveal an intent to cause physical harm to themselves or others are transferred to either the Merced County Jail or the Mary Green Psychiatric Center. If an evaluation from medical or mental health staff is not LBPDJOM 405 Mentally Disordered Inmates readily available, an inmate shall be considered mentally LBPDJOM 727 Mentally Ill and Gravely disordered for the purpose of this section if he or she appears Disabled Persons to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of LBPDJOM 405 Mentally Disordered Inmates the inmate or others. ☒ ☐ ☐ LBPDJOM 727 Mentally Ill and Gravely Disabled Persons 3200 Merced Los Banos PD IJ PRO 18-20 - 8 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION LBPDJOM 406 Administrative Segregation Except in Type IV facilities, each facility administrator shall An inmate’s behavior while in custody may aid develop written policies and procedures which provide for in determining placement in Administrative the administrative segregation of inmates who are Segregation. The criminal history, determined to be prone to: promote activity or behavior that susceptibility for harm or harm to others and is criminal in nature or disruptive to facility operations; medical information may also play a role in demonstrate influence over other inmates, including determining placement in Administrative influence to promote or direct action or behavior that is ☒ ☐ ☐ Segregation. 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 LBPDJOM 406 Administrative Segregation secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL There is no safety cell at this facility 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. 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. 3200 Merced Los Banos PD IJ PRO 18-20 - 9 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL LBPDJOM 407 Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section BSCC recommends that the Sobering Cell 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ assessment form be completed reflecting reasons threat to their own safety or the safety of others due to their for placement. 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 LBPDJOM 407 Use of Sobering Cell ☒ ☐ ☐ are able to continue in the processing. In no case shall an inmate remain in a sobering cell over six LBPDJOM 407 Use of Sobering Cell 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 LBPDJOM 407 Use of Sobering Cell receive an evaluation by responsible health care staff. LBPD policy states that Watch Commander shall be notified if the inmate cannot be roused. BSCC recommends adding specific language ☒ ☐ ☐ addressing the need to obtain an evaluation my health care staff at 12 hours of time of placement in the sobering cell to existing policy. It is not currently performed. Intermittent direct visual observation of inmates held in the LBPDJOM 407 Use of Sobering Cell sobering cell shall be conducted no less than every half hour. ☒ ☐ ☐ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED LBPDJOM 408 Developmentally Disabled INMATES Inmates LBPDJOM 409 Developmentally Disabled The facility administrator, in cooperation with the Persons Defined ☒ ☐ ☐ responsible physician, shall develop written policies and LBPDJOM 410 Developmentally Disabled procedures for the identification and evaluation, appropriate Inmates classification and housing, protection, and LBPDJOM 411 Notification of Regional Center nondiscrimination of all developmentally disabled inmates. for Developmentally Disabled Inmates The health authority or designee shall contact the regional LBPDJOM 408 Developmentally Disabled center on any inmate suspected or confirmed to be Inmates developmentally disabled for the purposes of diagnosis LBPDJOM 409 Developmentally Disabled and/or treatment within 24 hours of such determination, Persons Defined excluding holidays and weekends. LBPDJOM 410 Developmentally Disabled Inmates LBPDJOM 411 Notification of Regional Center ☒ ☐ ☐ for Developmentally Disabled Inmates LBPDJOM 728 Developmental Disabilities Inmates with developmental disabilities are transferred to the Merced County jail. Notification is made to the Central Valley Regional Center once the inmate is at the Merced County Jail. 1058 USE OF RESTRAINT DEVICES LBPDJOM 764 Use of Restraints The facility administrator, in cooperation with the Restraints, as defined by this regulation, are not responsible physician, shall develop written policies and ☒ ☐ ☐ used at this facility. Inmates needing these types procedures for the use of restraint devices and may delegate of restraints are transferred to another facility. authority to place an inmate in restraints to a responsible health care staff. 3200 Merced Los Banos PD IJ PRO 18-20 - 10 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS In addition to the areas specifically outlined in this Restraints, as defined by this regulation, are not regulation, at a minimum, the policy shall address the used at this facility. Inmates needing these types ☐ ☐ ☒ following areas: of restraints are transferred to another facility. 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. 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 LBPDJOM 764 Use of Restraints The facility administrator, in cooperation with the Restraints, as defined by this regulation, are not responsible physician, shall develop written policies and ☒ ☐ ☐ used on pregnant inmates. 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 Restraints, as defined by this regulation, are not delivery shall not be restrained by the use of leg irons, waist ☐ ☐ ☒ used on pregnant inmates. chains, or handcuffs behind the body. 3200 Merced Los Banos PD IJ PRO 18-20 - 11 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) A pregnant inmate in labor, during delivery, or in Restraints, as defined by this regulation, are not recovery after delivery, shall not be restrained by the wrists, used on pregnant inmates. ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or ☐ ☐ ☒ recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards and policies ☐ ☐ ☒ governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO LBPDJOM 767 DNA Collection COLLECT DNA SPECIMENS, SAMPLES, LBPDJOM 767.3.4 Use of Force to Obtain IMPRESSIONS Samples (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including ☒ ☐ ☐ peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of LBPDJOM 767 DNA Collection reasonable force” shall be defined as the force that an LBPDJOM 767.3.4 Use of Force to Obtain objective, trained and competent correctional employee, Samples ☒ ☐ ☐ faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded by LBPDJOM 767 DNA Collection efforts to secure voluntary compliance. Efforts to secure LBPDJOM 767.3.4 Use of Force to Obtain voluntary compliance shall be documented and include Samples ☒ ☐ ☐ an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written LBPDJOM 767 DNA Collection authorization of the facility watch commander on duty. The LBPDJOM 767.3.4 Use of Force to Obtain authorization shall include information that reflects the fact ☒ ☐ ☐ Samples that the offender was asked to provide the requisite specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell extraction, LBPDJOM 767 DNA Collection the extraction shall be videotaped, including audio. Video LBPDJOM 767.3.4 Use of Force to Obtain shall be directed at the cell extraction event. The videotape Samples shall be retained by the agency for the length of time ☒ ☐ ☐ required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 1062 VISITING LBPDJOM 501 Visiting (a) The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for inmate visiting which shall provide for as many visits and visitors as facility schedules, space, and number of personnel will allow. 3200 Merced Los Banos PD IJ PRO 18-20 - 12 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) In Type I facilities, the facility administrator shall LBPDJOM 501 Visiting develop and implement written policies and procedures to allow visiting for non-sentenced detainees. The policies and ☒ ☐ ☐ procedures will include a schedule to assure that non- sentenced detainees will be afforded a visit no later than the calendar day following arrest. (c) The visiting policies developed pursuant to this section LBPDJOM 501 Visiting shall include provision for visitation by minor children of the ☒ ☐ ☐ LBPDJOM 503 Visiting: Rules and Regulations inmate. (d) Video visitation may be used to supplement existing No video visitation available. visitation programs, but shall not be used to fulfill the ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an inmate. (e) Facilities shall not charge for visitation when visitors are LBPDJOM 501 Visiting onsite and participating in either in-person or video ☒ ☐ ☐ visitation. For purposes of this subsection, “onsite” is defined as the location where the inmate is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or ☐ ☐ ☒ (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video ☐ ☐ ☒ visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1 (June 2017) Mode of visitation; Non-contact, face to face Visitation hours; 5:00 pm to 6:00 pm Time inmates are allowed for visitation; and, 15 minutes daily 3200 Merced Los Banos PD IJ PRO 18-20 - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Any restrictions on inmate visitation. Each inmate shall be allowed at least one visit per day. All inmate visits shall be supervised to conform with jail security and control requirements. Visiting may be changed or canceled at any time as circumstances warrant. These may include, but are not limited to: Where there are no authorized employees available to supervise a visit. Where medical circumstances prohibit visitation. Where security considerations of the facility preclude visitation for a temporary period of time. Visiting is allowed between the hours of 5:00 p.m. and 6:00 p.m., seven days a week. This is contingent on having an employee available who is authorized to supervise a visit. Generally, no one under the age of 18 years will be permitted to visit unless accompanied by a parent or guardian. Generally, visits are limited to 15 minute periods for each visitor, but may be less if visitor volume or other circumstances mandate. No more than one person will be allowed to visit an inmate at a time. No visits will be permitted if either the inmate or visitor is assaultive and/or intoxicated. No articles will be given to an inmate without first being examined by the on duty jailer. Visits will be non-contact only and shall be confined to the visiting area telephone. The inmate will have one wrist secured to the handcuff on the shelf£ If there are concerns regarding security, the inmate may also have one ankle cuffed to the leg chain secured at the bottom of the chair. Any visitor who brings, or attempts to bring any item of contraband into the jail will be arrested and prosecuted (4573 P.C.). Visitors are not allowed to enter any other area in the facility unless accompanied by a jailer. Inmates and visitors will conduct themselves appropriately at all times. When an inmate or visitor does not conduct themselves properly, the supervising employee shall discontinue the visit, ask the visitor to leave, and return the inmate to his/her cell. The Watch Commander may make exceptions in unusual cases or approve special visits. 1063 CORRESPONDENCE LBPDJOM 505 Correspondence/Mail ☒ ☐ ☐ The facility administrator shall develop written policies and procedures for inmate correspondence which provide that: 3200 Merced Los Banos PD IJ PRO 18-20 - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) there is no limitation on the volume of mail that an inmate LBPDJOM 505 Correspondence/Mail ☒ ☐ ☐ may send or receive; (b) inmate correspondence may be read when there is a LBPDJOM 505 Correspondence/Mail valid security reason and the facility manager or his/her ☒ ☐ ☐ designee approves; (c) jail staff shall not review inmate correspondence to or LBPDJOM 505 Correspondence/Mail from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may ☒ ☐ ☐ open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the inmate; (d) inmates may correspond, confidentially, with the LBPDJOM 505 Correspondence/Mail ☒ ☐ ☐ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted LBPDJOM 505 Correspondence/Mail at least two postage paid envelopes and two sheets of paper each week to permit correspondence with family members ☒ ☐ ☐ and friends but without limitation on the number of postage paid envelopes and sheets of paper to his or her attorney and to the courts. 1065 EXERCISE AND RECREATION LBPDJOM 507 Table Games ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make Table games are provided as recreation in this table games and/or television available to inmates. Type I facility. 1066 BOOKS, NEWSPAPERS, PERIODICALS, LBPDJOM 506 Newspapers AND WRITINGS (b) The facility administrator of a Type I facility shall ☒ ☐ ☐ develop and implement a written plan to make available a daily newspaper in general circulation, including a non- English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE LBPDJOM Access to Telephone The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL LBPDJOM 509 Access to the Court and Counsel LBPDJOM 510 Access to the Courts The facility administrator shall develop written policies and ☒ ☐ ☐ LBPDJOM 511 Access to Counsel procedures to ensure inmates have access to the court and to LBPDJOM 512 Request for Interview by legal counsel. Such access shall consist of: Attorneys (a) unlimited mail as provided in Section 1063 of these LBPDJOM 509 Access to the Court and Counsel ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. LBPDJOM 509 Access to the Court and Counsel ☒ ☐ ☐ LBPDJOM 511 Access to Counsel 1069 INMATE ORIENTATION LBPDJOM 514 Inmate Orientation Inmate Orientation document (b) In Type I facilities, the facility administrator shall develop written policies and procedures for a program ☒ ☐ ☐ The inmate orientation document is printed in reasonably understandable to non-sentenced detainees to English and Spanish. orient an inmate at the time of placement in a living area. Such a program shall be published and include, but not be limited to, the following: 3200 Merced Los Banos PD IJ PRO 18-20 - 15 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) rules and disciplinary procedures; LBPDJOM 514 Inmate Orientation ☒ ☐ ☐ Inmate Orientation document (2) visiting rules; LBPDJOM 514 Inmate Orientation ☒ ☐ ☐ Inmate Orientation document (3) availability of personal care items, opportunities LBPDJOM 514 Inmate Orientation ☒ ☐ ☐ for personal hygiene; Inmate Orientation document (4) availability of reading and recreational materials; LBPDJOM 514 Inmate Orientation ☒ ☐ ☐ and, Inmate Orientation document (5) medical/mental health procedures. LBPDJOM 514 Inmate Orientation ☒ ☐ ☐ Inmate Orientation document 1071 VOTING LBPDJOM 515 Voting LBPDJOM 516 Inmate Registration to Vote The facility administrator of a Type I (holding sentenced LBPDJOM 517 Absentee Voting inmate workers) II, III or IV facility shall develop written ☒ ☐ ☐ policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES LBPDJOM 519 Clergy Registration and Visits The facility administrator of a Type I, II, III or IV facility ☒ ☐ ☐ shall develop written policies and procedures to provide opportunities for inmates to participate in religious services, practices and counseling on a voluntary basis. 1073 INMATE GRIEVANCE PROCEDURE LBPDJOM 602 Inmate Grievance Procedure Applicable to Type I facilities holding sentenced workers. No grievances were filed during this inspection (a) Each administrator of a Type II, III, or IV facility and cycle. Type I facilities which hold inmate workers shall develop written policies and procedures whereby any inmate may ☒ ☐ ☐ appeal and have resolved grievances relating to any conditions of confinement, including but not limited to: medical care; classification actions; disciplinary actions; program participation; telephone, mail, and visiting procedures; and food, clothing, and bedding. Such policies and procedures shall include: (1) a grievance form or instructions for registering a The agency uses a citizen’s complaint form for grievance; ☒ ☐ ☐ grievances. They have not had an inmate generated grievance during this inspection cycle. (2) resolution of the grievance at the lowest appropriate LBPDJOM 602 Inmate Grievance Procedure ☒ ☐ ☐ staff level; (3) appeal to the next level of review; ☒ ☐ ☐ LBPDJOM 602 Inmate Grievance Procedure (4) written reasons for denial of grievance at each level No grievances have been filed during this ☒ ☐ ☐ of review which acts on the grievance; inspection cycle. (5) provision for response within a reasonable time LBPDJOM 602 Inmate Grievance Procedure limit; and, ☒ ☐ ☐ BSCC recommends adding this section to existing policy. (6) provision for resolving questions of jurisdiction LBPDJOM 602 Inmate Grievance Procedure ☒ ☐ ☐ within the facility. (b) Grievance System Abuse: BSCC recommends adding this section to The facility may establish written policy and procedure to existing policy. ☒ ☐ control the submission of an excessive number of grievances. 3200 Merced Los Banos PD IJ PRO 18-20 - 16 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY PENALTIES LBPDJOM 601 Rules and Discipline If discipline is NOT administered, written policy should Discipline is not administered at this facility. indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively, and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE LBPDJOM 601 Rules and Discipline Discipline is not administered at this facility. 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 Discipline is not administered at this facility. 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. 3200 Merced Los Banos PD IJ PRO 18-20 - 17 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 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 Discipline is not administered at this facility. Unruly or disruptive inmates are transported to the Merced County Jail. The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (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. 3200 Merced Los Banos PD IJ PRO 18-20 - 18 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY Discipline is not administered at this facility. ACTIONS Unruly or disruptive inmates are transported to the Merced County Jail. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (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. 3200 Merced Los Banos PD IJ PRO 18-20 - 19 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS Discipline is not administered at this facility. Unruly or disruptive inmates are transported to the Merced County Jail. Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition 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 secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☒ ☐ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 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 LBPDJOM 1323 Emergency Medical Care of MINOR IN AN ADULT DETENTION Juveniles in Custody FACILITY ☒ ☐ ☐ 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 LBPDJOM Section 1300 Minors in Temporary Custody The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: 3200 Merced Los Banos PD IJ PRO 18-20 - 20 - A352 Type 1 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; LBPDJOM 1324 Suicide Prevention of Juveniles ☒ ☐ ☐ in Custody (b) use of restraints; ☒ ☐ ☐ LBPDJOM 1325 Use of Restraints (c) emergency medical assistance and services; and, LBPDJOM 1323 Emergency Medical Care of ☒ ☐ ☐ Juveniles in Custody (d) prohibiting use of discipline. ☒ ☐ ☐ LBPDJOM 1326 Discipline of Juveniles 1143 CARE OF MINORS IN TEMPORARY CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ LBPDJOM 1315 Mandated Juvenile Provisions (2) one snack upon request during term of temporary LBPDJOM 1315 Mandated Juvenile Provisions custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ LBPDJOM 1315 Mandated Juvenile Provisions (4) privacy during consultation with family, guardian, LBPDJOM 1315 Mandated Juvenile Provisions ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the LBPDJOM 1315 Mandated Juvenile Provisions ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is LBPDJOM 1315 Mandated Juvenile Provisions inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND LBPDJOM 1308 Non-Contact Requirements ADULT PRISONERS ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, LBPDJOM 1308 Non-Contact Requirements such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 3200 Merced Los Banos PD IJ PRO 18-20 - 21 - A352 Type 1 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 LBPDJOM 1310 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 LBPDJOM 1310 Secure Custody serious security risk of harm to self or others, the officer may ☒ ☐ ☐ 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 LBPDJOM 1310 Secure Custody ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the LBPDJOM 1310 Secure Custody ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate LBPDJOM 1310 Secure Custody ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who LBPDJOM 1310 Secure Custody ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY LBPDJOM 1310 Secure Custody LBPDJOM 1311 Secure Detention of Juveniles 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 LBPDJOM 1311 Secure Detention of Juveniles CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; LBPDJOM 1311 Secure Detention of Juveniles ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the LBPDJOM 1311 Secure Detention of Juveniles minor by staff of the law enforcement facility, at ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same LBPDJOM 1311 Secure Detention of Juveniles locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 3200 Merced Los Banos PD IJ PRO 18-20 - 22 - A352 Type 1 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 LBPDJOM 1311 Secure Detention of Juveniles CUSTODY OUTSIDE OF A LOCKED 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 LBPDJOM 1311 Secure Detention of Juveniles direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 LBPDJOM 1311 Secure Detention of Juveniles minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for LBPDJOM 1311 Secure Detention of Juveniles longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE LBPDJOM 1309 Non-Secure Custody CUSTODY 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- LBPDJOM 1311 Secure Detention of Juveniles SECURE CUSTODY 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 LBPDJOM 1329 Intoxicated and Substance ANY INTOXICATING SUBSTANCE IN SECURE OR Abusing Minors NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☒ ☐ ☐ 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 LBPDJOM 1329 Intoxicated and Substance who display outward signs of being under the influence of Abusing Minors drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. 3200 Merced Los Banos PD IJ PRO 18-20 - 23 - A352 Type 1 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 LBPDJOM 1329 Intoxicated and Substance room who display outward signs of being under the Abusing Minors influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display LBPDJOM 1329 Intoxicated and Substance outward signs of being under the influence of drugs, alcohol Abusing Minors ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 3200 Merced Los Banos PD IJ PRO 18-20 - 24 - A352 Type 1 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: 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: 207.1(d)(1)(C) ADVISEMENTS July 2018: No agency 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: 1 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 ☒ ☐ ☐ facility is restricted in accordance with WIC Section Number of violations: 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 207.1(d)(1)(F) LOGS July 2018: No detention approval, no reason for secure detention, no 30-minute check 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 minor was securely detained. Number of violations: 1 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ law enforcement facility for longer than six hours. Number of violations: 3200 Merced Los Banos PD IJ PRO 18-20 - 25 - A352 Type 1 PRO eff. 1/2019 (18-20).dot