Modoc County, Detention Facilities (2020-2022 inspection cycle)

May 24, 2021 Williams "Tex" Dowdy, Sheriff Modoc County Sheriff's Office PO Drawer 460 Alturas, CA 96101 2020-2022 BIENNIAL INSPECTION OF MODOC COUNTY SHERIFF'S OFFICE JAIL AND COURT HOLDING FACILITY, PENAL CODE 6031 Dear Sheriff Dowdy, On April 8, 2021, pursuant to Penal Code section 6031.1 and Welfare and Institutions Code sections 209 and 885, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Modoc County Jail and the Court Holding Facility. A pre-inspection briefing was held on February 8, 2021, to discuss the biennial inspection requirements. This inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the separation of juveniles from incarcerated adults. The BSCC inspection report consists of this transmittal letter and the attached Title 15 Procedures Checklist (PRO). We are including the Adult Jail Physical Plant Evaluation (PHY) and Living Area Space Evaluation (LASE). Compliance is indicated by policy and documentation review. Please refer to the Title 15 PRO for a summary of all relevant minimum standards, an indication of compliance or noncompliance, and information used to determine compliance. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facilities. The Environmental Health report noted several deficiencies that you will need to work with them to correct. Each of the local inspections was current except for the court holding facility. The court holding facility did not have a recent Medical and Mental Health or Environmental Health inspection report on file. Please make arrangements to have these inspections completed and notify your BSCC Field Representative when complete. 3220 3223 Modoc County II CH 20-22 Sheriff William “Tex” Dowdy Modoc County Page 2 DETENTION FACILITY Fire and Life Safety Medical and Mental Health Nutritional Health Environmental Health 2/24/2021 2/24/2021 2/24/2021 2/24/2021 COURT HOLDING FACILITY Fire and Life Safety Medical and Mental Health Environmental Health 8/8/2020 N/A N/A BSCC INSPECTION The inspection consisted of a review of the Modoc County Sheriff's Department Custody Policy and Procedure Manual, a site visit to review operations, physical plant and relevant documentation, and interviews with administration, facility staff, inmates, and collaborative partners. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 We found three areas of noncompliance during this inspection cycle. Section 1027. Number of Personnel The agency is noncompliant with this regulation due to not having enough female staff to cover all jail shifts adequately. Section 1056. Use of Sobering Cell BSCC staff reviewed a sampling of twenty-two sobering cell placement reports and logs to determine compliance with this regulation. During the review, BSCC staff determined the agency is noncompliant with not routinely completing safety checks within the required time-lapse of this regulation. Section 1280. Facility Sanitation, Safety, and Maintenance BSCC staff determined the agency is noncompliant with this regulation for dormitories Cascade, Sierra, and Warner due to sinks being in disrepair and not working correctly. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant Adult Detention Facility There were no changes made to the facility's physical plant since the last BSCC biennial inspection. We found your agency has no areas of noncompliance during this inspection cycle. Court Holding Facility 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 3220 3223 Modoc Co II CH 20-22 Sheriff William “Tex” Dowdy Modoc County Page 3 There were no changes made to the physical plant of the facility since the last BSCC biennial inspection. We found your agency has no areas of noncompliance during this inspection cycle. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. Minors are not held at the Modoc County Adult Jail. Minors at the Court Holding Facility are held in a designated area separate from adults and are under the supervision of the Probation Department. Corrective Action Plan On April 15, 2021, BSCC staff held an Exit Brief with your staff. During that brief, BSCC staff provided an overview of the biennial inspection and provided technical assistance and best practices recommendations. Your agency provided BSCC staff with a Corrective Action Plan (CAP) addressing these issues on May 14, 2021; we will respond to the CAP under a separate cover letter. This concludes the 2020-2022 biennial inspection cycle report of the jail and court holding facilities. We want to express our gratitude to Undersheriff Scott Withrow for all of the work he has done in gathering the information needed during this inspection cycle. We look forward to working with you in the future to provide technical assistance and best practices. If you should have any questions, please contact me at steven.wicklander@bscc.ca.gov. Sincerely, STEVEN WICKLANDER Field Representative Facilities Standards and Operations Division Enclosures cc: Presiding Judge, Juvenile Court, Modoc County* Grand Jury, Modoc County* Chair, Board of Supervisors, Modoc County* County Administrator, Modoc County* Scott Withrow, Undersheriff, Modoc County Sheriff's Office (Electronic Copy) * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 3220 3223 Modoc Co II CH 20-22 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3220 FACILITY NAME: Modoc County Sheriff Jail FACILITY TYPE: II PERSON(S) INTERVIEWED: Undersheriff Scott Withrow, and Sergeant Yeier FIELD REPRESENTATIVE: Steven Wicklander DATE: 4/8/2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 306 – Training (a) In addition to the provisions of California Penal Code This agency is compliant with the most recent Section 831.5, all custodial personnel of a Type I, II, III, or ☒ ☐ ☐ annual Standards and Training for Corrections IV facility shall successfully complete the “Corrections (STC) compliance review. Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully completed the course of instruction required by Penal Code Section This agency is compliant with the most recent 832.3 shall also successfully complete the “Corrections annual Standards and Training for Corrections ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as (STC) compliance review. described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING 306 – Training Prior to assuming supervisory duties, jail supervisors shall This agency is compliant with the most recent ☒ ☐ ☐ complete the core training requirements pursuant to Section annual Standards and Training for Corrections 1020, Corrections Officer Core Course. (STC) compliance review. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC This agency is compliant with the most recent Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ annual Standards and Training for Corrections CCR) or the POST supervisory course within one year from (STC) compliance review. date of assignment. 1023 JAIL MANAGEMENT TRAINING 306 – Training Managerial personnel of any Type I, II, III or IV jail shall be This agency is compliant with the most recent required to complete either the STC management course (as ☒ ☐ ☐ annual Standards and Training for Corrections described in Section 182, Title 15, CCR) or the POST (STC) compliance review. 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. 1 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING 306 – Training With the exception of any year that a core training module This agency is compliant with the most recent is successfully completed, all facility/system administrators, ☒ ☐ ☐ annual Standards and Training for Corrections managers, supervisors, and custody personnel of a Type I, (STC) compliance review. II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 1027 NUMBER OF PERSONNEL 224 - 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 224 - Staffing Plan least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which 224 - Staffing Plan would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. 2 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever one or more female inmates are in custody, there 224 - Staffing Plan shall be at least one female employee who shall be immediately available and accessible to such females. BSCC staff conducted a Targeted Inspection of Note: Reference PC§ 4021. your agency in November of 2020 due to noncompliance with this regulation for the 2018/2020 Biennial Inspection Cycle. During the Targeted Inspection, your agency was found to be noncompliant with this regulation that required your agency to provide the BSCC with a Corrective Action Plan (CAP). Your CAP letter indicated you increased recruiting efforts through social media, recruitment from Correctional Core Academies, Job Fairs, and continued participation in the High School Internship Program to hire qualified women for compliance with this regulation. BSCC staff also noted through conversations with your staff that your agency competes for staff with the local state prisons in ☐ ☒ ☐ your area even though you have secured pay increases for your correctional staff. Before the onsite inspection, Undersheriff Withrow informed BSCC staff that your agency had hired one female correctional officer. Even though the agency hired a new female staff member, BSCC staff determined the agency is still noncompliant with this regulation due to not having enough female staff to adequately cover all shifts in the jail. BSCC staff will be requesting updates from your agency on your staffing status until you comply with this regulation. BSCC staff provided technical assistance and best practices by suggesting they train female booking, records, or dispatching staff who may be readily available and accessible to incarcerated females. To determine if there is a sufficient number of personnel for 224 - Staffing Plan a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the The staffing roster reviewed by BSCC staff did facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ not annotate any vacancies. The agency is reviewed by the Board staff at the time of their biennial actively recruiting women to supplement their inspection. The results of such a review and current staff for compliance with the above recommendations shall be reported to the local jurisdiction regulation. having fiscal responsibility for the facility. 3 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027.5 SAFETY CHECKS 504 - Inmate Safety Checks Safety checks shall be conducted at least hourly through BSCC staff conducted a Targeted Inspection of direct visual observation of all inmates. There shall be no your agency in November of 2020 due to more than a 60-minute lapse between safety checks. noncompliance with this regulation for the 2018/2020 Biennial Inspection Cycle. During the Targeted Inspection, your agency was found to be noncompliant with this regulation. Per the Enhanced Inspection Process (EIP), your agency was required to provide the BSCC with a Corrective Action Plan (CAP). The CAP letter stated your agency created a new policy and paper log system, provided training for all staff, and required supervisors to review safety check logs at the beginning of their shift. Your CAP also explained you had purchased a Jail Records Management Software System to help correct noncompliance. Due to the length of time it takes to correct and determine ☒ ☐ ☐ compliance for safety checks, BSCC staff informed your agency they would review your corrective actions during the 20/22 biennial inspection. BSCC staff reviewed safety check documentation from December 2020 through March of 2021 and your agency’s corrective action plan. During the documentation review, BSCC staff noted your supervisors are conducting daily log reviews and addressing discrepancies per your new policy and directives. The logs also indicate why a safety check was late per your agency’s directive even though they are complaint with the sixty-minute time frame of this regulation. After completing the documentation and policy review, BSCC staff determined the agency is compliant with this regulation. There is a written plan that includes the documentation of 504 - Inmate Safety Checks routine safety checks. ☒ ☐ ☐ 1028 1028 FIRE AND LIFE SAFETY STAFF 224 - Staffing Plan 400 - Facility Emergencies 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 224 - Staffing Plan person on duty who trained in fire and life safety procedures ☒ ☐ ☐ 400 - Facility Emergencies that relate specifically to the facility. 4 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 3 Modoc County Custody Manual (Lexipol) Modoc County Jail Manual Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and Modoc County is in the process of converting procedures manual shall address all applicable Title 15 and their Jail policy manual to the Lexipol Custody Title 24 regulations and shall be comprehensively reviewed Manual. and updated at least every two years. Such a manual shall be made available to all employees. Last reviewed and updated on February 3-7, ☒ ☐ ☐ 2020 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 100 - Organizational Structure and communications. ☒ ☐ ☐ Responsibility 104 - Administrative Communications (2) Inspections and operations reviews by the facility 106 - Annual Facility Inspection ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. 037 – Use of Force 513 - Use of Restraints ☒ ☐ ☐ Modoc County SO Policy Manual 300 - Use of Force 302 - Use of Force Review Boards (4) Policy on the use of restraint equipment, including the 513 - Use of Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 026 Jail Release inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ 501 - Inmate Counts (B) searches of the facility and inmates, 502.4 Searches Before Admission ☒ ☐ ☐ 009 Jail Cleanliness, building maintenance 011 Jail Searches (C) contraband control, and, ☒ ☐ ☐ 011 Jail Searches (D) key control. ☒ ☐ ☐ 010 Key Control 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each facility administrator shall, at least annually, review, 103.3.3 Custody Manual-Internal and external evaluate, and make a record of security measures. The review security measures review. Issued 9/17/19 and evaluation shall include internal and external security 106 - Annual Facility Inspection measures of the facility including security measures specific 606-606.13 PREA to prevention of sexual abuse and sexual harassment. 310.2 PREA training PREA Pamphlet Inmate Orientation Manual In November of 2020, Undersheriff Scott Withrow created new policies, updated their Inmate Orientation Manual, developed a PREA pamphlet, and posted PREA flyers throughout the jail and court holding. Undersheriff Withrow ☒ ☐ ☐ also provided BSCC staff with a memo stating he completed the court house's and the jail’s annual review. The agency also implemented training for staff that includes measures specific to the prevention of sexual abuse and harassment. After reviewing the documentation and memo from Undersheriff Withrow, BSCC staff determined the agency is compliant with this regulation. (7) Emergency procedures include: 400 - Facility Emergencies (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; 400 - Facility Emergencies 029 Inmate Escape ☒ ☐ ☐ 031 Jail Disturbances/Riots 030 Hostage Situation (C) mass arrests; 400 Facility Emergencies ☒ ☐ ☐ 400.10 Civil Disturbances Outside of the Jail (D) natural disasters; 400 - Facility Emergencies ☒ ☐ ☐ 034 Natural Disasters (E) periodic testing of emergency equipment; and, 009 Jail Cleanliness, Building and Equipment ☒ ☐ ☐ Maintenance (009-02) (F) storage, issue, and use of weapons, ammunition, 400 - Facility Emergencies chemical agents, and related security devices. 508 - Management of Weapons and Control ☒ ☐ ☐ Devices 015 Weapons (8) Suicide Prevention. 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team ☒ ☐ ☐ "Review of suicides and suicide attempts." 724.7.1 Debriefing (9) Segregation of Inmates. 036 – Inmate Classification ☒ ☐ ☐ 502 – Inmate Reception 600.4.3 Administrative Segregation Housing 6 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (10) Zero tolerance in the prevention of sexual abuse and 310 - Prison Rape Elimination Act Training sexual harassment. 03.3.3 Custody Manual-Internal and external security measures review. Issued 9/17/19 606-606.13 PREA Inmate Orientation Manual The agency created a new policy and procedure manual, an Inmate Orientation Manual, and a PREA pamphlet during this inspection cycle. The Inmate Orientation Manual explains how persons incarcerated can confidentially report sexual abuse and sexual harassment. All persons incarcerated are given the Inmate Orientation Manual during the booking process. ☒ ☐ ☐ The agency also implemented training for staff that includes measures specific to the prevention of sexual abuse and harassment to comply with this regulation. The agency has placed signage throughout the jail and court holding on how to report sexual abuse and harassment. After reviewing the documentation, BSCC staff determined the agency is compliant with this regulation. 7 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (11) Policy and procedure to detect, prevent, and respond 606-606.13 PREA to retaliation against any staff or inmate after reporting 310 PREA Training any abuse. 606.5 Retaliation Inmate Orientation Manual The agency created a new policy and procedure manual, an Inmate Orientation Manual, and a PREA pamphlet during this inspection cycle. The Inmate Orientation Manual explains how persons incarcerated can confidentially report sexual abuse and sexual harassment. All persons incarcerated are given the Inmate Orientation Manual during the booking process. The agency also implemented training for staff that includes measures specific to the prevention ☒ ☐ ☐ of sexual abuse and harassment to comply with this regulation. The agency's policy states, protective measures, including housing changes, transfers, removal of alleged abusers from contact with victims, administrative reassignment, or reassignment of the victim or alleged perpetrator to another housing area, and support services for inmates or staff who fear retaliation, shall be utilized (28 CFR 115.67; 15 CCR 1029). After the documentation and policy review, BSCC staff determined the agency is compliant with this regulation. (e) The manual for Temporary Holding, Court Holding, 606.4 Reporting sexual abuse 606-606.13 PREA Type I, II, III, and IV facilities shall provide for, but not be 310 PREA Training limited to, the following: Inmate Orientation Manual (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other The agency created a new policy and procedure inmates or staff for reporting sexual abuse and sexual manual, Inmate Orientation process, PREA harassment, and staff neglect or violation of pamphlets during this inspection cycle. The responsibilities that may have contributed to such inmate Orientation Manual explains how incidents, persons incarcerated can confidentially report ☒ ☐ ☐ sexual abuse and sexual harassment. The agency also implemented training for staff that includes measures specific to the prevention of sexual abuse and harassment. After the documentation and policy review, BSCC staff determined the agency is compliant with this regulation. 8 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved inmates, family, 606.4 Reporting sexual abuse community members, and other interested third-parties 606-606.13 PREA to report sexual abuse or sexual harassment. The 310 PREA Training method for reporting shall be publicly posted at the Inmate Orientation Manual facility. The agency created a new policy and procedure manual, an Inmate Orientation Manual, and a PREA pamphlet for compliance with this regulation during this inspection cycle. The agency also implemented training for staff that includes measures specific to the prevention of sexual abuse and harassment. The agency has placed signs throughout the ☒ ☐ ☐ facility and in the jail's lobby for the public to report and have a method of reporting sexual abuse or sexual harassment. After reviewing the documentation, BSCC staff determined the agency is compliant with this regulation. BSCC Staff provided technical assistance to the agency by suggesting they may want to add a link or information on their webpage on how the public can report sexual abuse or sexual harassment for persons incarcerated. 1030 SUICIDE PREVENTION PROGRAM 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team The facility shall have a comprehensive written suicide "Review of suicides and suicide attempts." prevention program developed by the facility administrator, 724.7.1 Debriefing in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those The agency created a new policy and procedure inmates who present a suicide risk. The program shall manual that includes policies for compliance include the following: ☒ ☐ ☐ with this regulation. The policy includes a suicide prevention team that ensures the facility is evaluated annually to identify any physical plant characteristics or operational procedures that might be modified to reduce the risk of suicide. (a) Suicide prevention training for all staff that have direct 724 Suicide Prevention and Intervention ☒ ☐ ☐ contact with inmates. 724.3 Suicide Prevention Team (b) Intake screening for suicide risk immediately upon 724 Suicide Prevention and Intervention ☒ ☐ ☐ intake and prior to housing assignment. 724.3 Suicide Prevention Team 9 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Provisions facilitating communication among 724 Suicide Prevention and Intervention arresting/transporting officers, facility staff, medical and 724.3 Suicide Prevention Team mental health personnel in relation to suicide risk. Medical Screening Form The agency has medical screening questions for ☒ ☐ ☐ the arresting officer for compliance with this regulation. One of the questions specifically asks the arresting officer or custodial agency if there were there “ANY indications that the inmate is a medical or mental health or suicide risk?”. (d) Housing recommendations for inmates at risk of suicide. 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team ☒ ☐ ☐ "Review of suicides and suicide attempts." 724.7.1 Debriefing (e) Supervision depending on level of suicide risk. 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team ☒ ☐ ☐ "Review of suicides and suicide attempts." 724.7.1 Debriefing (f) Suicide attempt and suicide intervention policies and 724 Suicide Prevention and Intervention procedures. 724.3 Suicide Prevention Team ☒ ☐ ☐ "Review of suicides and suicide attempts." 724.7.1 Debriefing (g) Provisions for reporting suicides and suicides attempts. 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team ☒ ☐ ☐ "Review of suicides and suicide attempts." 724.7.1 Debriefing (h) Multi-disciplinary administrative review of suicides and 724 Suicide Prevention and Intervention attempted suicides as defined by the facility 724.3 Suicide Prevention Team administrator. ☒ ☐ ☐ "Review of suicides and suicide attempts." 724.7.1 Debriefing 1032 FIRE SUPPRESSION PREPLANNING 400 - Facility Emergencies 035 Emergency Plans and Procedures 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 400 - Facility Emergencies department to be included as part of the policy and procedures 035 Emergency Plans and Procedures manual (Title 15, California Code of Regulations Section 1029); ☒ ☐ ☐ Noted in the fire inspection report for compliance with this regulation. (b) regular fire prevention inspections by facility staff on a monthly basis with two-year retention of the inspection The agency provided monthly fire prevention record; inspection reports for review. After the ☒ ☐ ☐ document review, BSCC Staff determined the agency is in compliance with this regulation. 10 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) fire prevention inspections as required by Health and 400 - Facility Emergencies Safety Code Section 13146.1(a) and (b) which requires 035 Emergency Plans and Procedures inspections at least once every two years; ☒ ☐ ☐ Date: 2/24/2021 (d) an evacuation plan; and, 400 - Facility Emergencies ☒ ☐ ☐ 035 Emergency Plans and Procedures (e) a plan for the emergency housing of inmates in the case of 400 - Facility Emergencies fire. ☒ ☐ ☐ 704 - Emergency Health Care Services 035 Emergency Plans and Procedures 1040 POPULATION ACCOUNTING 008 – Jail Operations (Section 008-002 Population Accounting) Each facility administrator shall maintain an inmate 036 Inmate Classification ☒ ☐ ☐ 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 008 – Jail Operations (Section 008-002 applicable inmate demographic information as described in Population Accounting) the Jail Profile Survey. ☒ ☐ ☐ The agency is up to date with reporting the BSCC for the Jail Profile Survey and COVID. 1041 INMATE RECORDS 007 – Inmate Records (a) Each facility administrator of a Type I, II, III or IV During the onsite inspection, BSCC staff facility shall develop written policies and procedures for the verified the agency maintains records for maintenance of individual inmate records which shall persons incarcerated. ☒ ☐ ☐ include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, 606-606.13 PREA uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which The agency's policy states, they are establishing it contracts for the confinement of its inmates. The data a process to ensure accurate, uniform data is collected shall include, at a minimum, the data necessary to collected for every allegation of sexual abuse at satisfy the reporting requirements of 34 U.S.C. section facilities under the direct control of this Office, 30303(a)(1) (federal survey on sexual violence). using a standardized instrument and set of definitions. Upon request, the Office shall ☒ ☐ ☐ provide all such data from the previous calendar year to the U.S. Department of Justice (DOJ) no later than June 30 (28 CFR 115.87; 34 USC § 30303; 15 CCR 1041). After reviewing the agency's policy and interviews with staff, BSCC staff has determined the agency to be compliant with this regulation. 11 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1044 INCIDENT REPORTS 014 – Incident Reporting Each facility administrator shall develop written policies and The agency provided a sampling of reports to procedures for the maintenance of written records and review from their electronic report system. reporting of all incidents which result in physical harm, or During the review, BSCC staff determined the ☒ ☐ ☐ serious threat of physical harm, to an employee or inmate of agency is compliant with the requirements of a detention facility or other person. this regulation. The reports documented the necessary information required by these regulations. Such records shall include the names of the persons 014 – Incident Reporting 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 014 – Incident Reporting to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1045 PUBLIC INFORMATION PLAN 219 - Community Relations and Public Information Plan Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the The agency’s policy states the Undersheriff is dissemination of information to the public, to other responsible for ensuring that the following government agencies, and to the news media. The public and information is public and available to all who inmates shall have available for review the following ☒ ☐ ☐ inquire about it. The Public Information Plan is material: available at the jail lobby’s front desk. BSCC staff inspected the Public Information Plan location and determined the agency to be compliant with this regulation. (a) The Board of State and Community Corrections 219 - Community Relations and Public Minimum Standards for Local Detention Facilities as found ☒ ☐ ☐ Information Plan in Title 15 of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (2) 1061, Inmate Education Plan 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (3) 1062, Visiting 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (4) 1063, Correspondence 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (5) 1064, Library Service 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (6) 1065, Exercise and Recreation 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (7) 1066, Books, Newspapers, Periodicals and Writings 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (8) 1067, Access to Telephone 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (9) 1068, Access to Courts and Counsel 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (10) 1069, Inmate Orientation 219 - Community Relations and Public ☒ ☐ ☐ Information Plan 12 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (11) 1070, Individual/Family Service Programs 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (12) 1071, Voting 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (13) 1072, Religious Observance 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (14) 1073, Inmate Grievance Procedure 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (15) 1080, Rules and Disciplinary Penalties 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (16) 1081, Plan for Inmate Discipline 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (17) 1082, Forms of Discipline 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (18) 1083, Limitations on Discipline 219 - Community Relations and Public ☒ ☐ ☐ Information Plan (19) 1200, Responsibility for Health Care Services 219 - Community Relations and Public ☒ ☐ ☐ Information Plan 1046 DEATH IN CUSTODY 725 Inmate Death – Clinical Care Review 725.7 Death Review (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health After reviewing the agency's policy for Death in administrator, shall develop written policy and procedures Custody Reviews, BSCC staff determined the to ensure that there is an initial review of every in-custody agency is compliant with this regulation. death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health The agency's policy states a psychological administrator, the responsible physician and other health autopsy should be conducted by a qualified care and supervision staff who are relevant to the incident. mental health care professional if the cause of ☒ ☐ ☐ death is determined to be a suicide. The definition in the agency policy for a Psychological autopsy states, "A written reconstruction of an inmate's life with an emphasis on factors that may have contributed to his/her death. This is sometimes referred to as a psychological reconstruction and is usually conducted by a psychologist or other qualified mental health care professional." Deaths shall be reviewed to determine the appropriateness of 725 Inmate Death – Clinical Care Review clinical care; whether changes to policies, procedures, or practices are warranted; and to identify issues that require After reviewing the agency's policy for Death in further study. ☒ ☐ ☐ Custody Reviews, BSCC staff determined the agency is compliant with this regulation. (b) Death of a Minor Minors are not held at this facility In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Minors are not held at this facility Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☐ ☐ ☒ of the report shall be submitted within 10 calendar days after the death. 13 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) Upon receipt of a report of death of a minor from the Minors are not held at this facility administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☐ ☐ ☒ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 036 – Inmate Classification (a) Each administrator of a temporary holding, Type I, II, or The agency provided a sampling of III facility shall develop and implement a written classification screening reviews. During the classification plan designed to properly assign inmates to review, BSCC staff determined the agency is housing units and activities according to the categories of sex, compliant with the requirements of this age, criminal sophistication, seriousness of crime charged, regulation. The reports documented the physical or mental health needs, assaultive/non-assaultive necessary information required by these behavior, risk of being sexually abused, or sexually harassed regulations. ☒ ☐ ☐ and other criteria which will provide for the safety of the inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall establish 036 – Inmate Classification and implement a classification system which will include the use of classification officers or a classification committee in The agency’s policy states the classification of order to properly assign inmates to housing, work, inmates will be reviewed every thirty (30) days rehabilitation programs, and leisure activities. Such a plan to allow for changes in status. Any changes in shall include the use of as much information as is available custody level will be noted on the Inmate about the inmate and from the inmate and shall provide for ☒ ☐ ☐ Classification Form. If an inmate receives a a channel of appeal by the inmate to the facility higher level of custody as a result of a administrator or designee. An inmate who has been reclassification, the inmate may request a sentenced to more than 60 days may request a review of his hearing. 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 036 – Inmate Classification 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 715 - Communicable Diseases The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. 14 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be 715 - Communicable Diseases made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as Each newly booked person is evaluated for tuberculosis or has observable symptoms of tuberculosis or healthcare needs and signs and symptoms of any other communicable diseases, or other special medical infectious disease. The receiving screening problem identified by the health authority. The response includes questions regarding known symptoms shall be noted on the booking form and/or screening device. of TB, HIV, sexually transmitted diseases (STDs) and HBV. The intake screening process ☒ ☐ ☐ also includes questions for COVID-19 exposure. During the onsite inspection, BSCC staff observed persons incarcerated are provided PPE, and the agency has a supply that is readily available. During interviews with persons incarcerated, they stated they are given PPE upon requests and when they leave the facility. 1052 MENTALLY DISORDERED INMATES 711 - Medical Screening 712 - Mental Health Services The facility administrator, in cooperation with the 020 Accepting Prisoners ☒ ☐ ☐ responsible physician, shall develop written policies and 033 Developmentally Disabled Prisoners procedures to identify and evaluate all mentally disordered 039 Suicide Prevention inmates, and may include telehealth. If an evaluation from medical or mental health staff is not 711 - Medical Screening readily available, an inmate shall be considered mentally 020 Accepting Prisoners disordered for the purpose of this section if he or she appears 033 Developmentally Disabled Prisoners to be a danger to himself/herself or others or if he/she 039 Suicide Prevention appears gravely disabled. The agency policy essentially states a medical An evaluation from medical or mental health staff shall be screening is performed on all persons upon secured within 24 hours of identification or at the next daily arrival at the intake area to ensure that existing, sick call, whichever is earliest. emergent, and urgent health care, dental or ☒ ☐ ☐ mental health needs are identified, and risks are assessed. The agency’s policy also states that if a person is suspected of being developmentally disabled the Far Northern Regional Center in Redding, California will be contacted within twenty-four (24) hours, excluding weekends and holidays, for the purpose of diagnosis treatment. Segregation may be used if necessary to protect the safety of 711 - Medical Screening the inmate or others. 020 Accepting Prisoners 033 Developmentally Disabled Prisoners 039 Suicide Prevention ☒ ☐ ☐ The agency’s policies have provisions to provide separate and appropriate housing away from the general population for the safety of persons incarcerated. 15 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION 036 – Inmate Classification 502 – Inmate Reception Except in Type IV facilities, each facility administrator shall 600.4.3 Administrative Segregation Housing develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 036 – Inmate Classification secure housing but shall not involve any other deprivation of 502 – Inmate Reception privileges than is necessary to obtain the objective of 600.4.3 Administrative Segregation Housing protecting the inmates and staff. It is the policy of this agency that persons incarcerated who are housed in Administrative Segregation will be provided equal living conditions and privileges of the general ☒ ☐ ☐ population. During the onsite inspection, persons housed in Administrative Separation are provided the same privileges as mainline housing. The persons interviewed stated they are offered the recreation yard daily and use the kiosk in the dayroom to make requests. 16 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL 520 - Safety and Sobering Cells The safety cell described in Title 24, Part 2, Section BSCC staff conducted a Targeted Inspection of 1231.2.5, shall be used to hold only those inmates who your agency in November of 2020 due to display behavior which results in the destruction of property noncompliance with this regulation for the or reveals an intent to cause physical harm to self or others. 2018/2020 Biennial Inspection Cycle. During the Targeted Inspection, your agency was found to be noncompliant with this regulation. Per the Enhanced Inspection Process (EIP), your agency was required to provide the BSCC with a Corrective Action Plan (CAP). The CAP letter stated Correctional Sergeants were tasked with coming up with a lesson plan to educate correctional staff on the new policy, documentation, and notifications for safety cells. The CAP letter also stated reviews of the logs ☒ ☐ ☐ would be conducted by the Correctional Sergeants and Undersheriff for accuracy. Since the Targeted Inspection, the agency has had limited safety placements. BSCC staff reviewed two safety cell placement reports and logs. During the review, the agency documented why the person was placed in a safety cell. BSCC staff determined the documentation for placement into a safety cell is compliant with this regulation. Due to the limited number of reports, BSCC staff will continue to periodically review safety cell placement reports and conduct a follow-up during this inspection cycle for continued compliance. The facility administrator, in cooperation with the 520 - Safety and Sobering Cells 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 520 - Safety and Sobering Cells ☒ ☐ ☐ a substitute for treatment. An inmate shall be placed in a safety cell only with the 520 - Safety and Sobering Cells approval of the facility manager or designee, or responsible health care staff; continued retention shall be reviewed a When medical staff is not available, the agency minimum of every four hours. ☒ ☐ ☐ takes the person to Modoc Medical Center for a medical evaluation and clearance for a safety cell. 17 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A medical assessment shall be completed within a maximum 520 - Safety and Sobering Cells of 12 hours of placement in the safety cell or at the next daily sick call, whichever is earliest. The agency does not have 24/7 medical care. The agency policy states a medical assessment of the inmate in the safety cell shall occur within 12 hours of placement or at the next daily sick call, whichever is earliest. Continued assessment of the inmate in the safety cell shall be conducted by a qualified health care professional and shall occur at least every 24 hours thereafter. When medical staff is not available, the agency takes the person to Modoc Medical Center for a ☒ ☐ ☐ medical evaluation and clearance for a safety cell. Documentation by the Mental/Medical Health Clinician is routinely articulated in the notes section of the Modoc County Safety Cell log form and the agency's computer log. BSCC staff reviewed safety cell placement reports for compliance with this regulation. During the review, BSCC staff determined to be compliant with this regulation. The inmate shall be medically cleared for continued 520 Safety and Sobering Cell retention every 24 hours thereafter. BSCC staff reviewed safety cell placement reports and logs. During the review, BSCC determined the facility to be in compliance with ☒ ☐ ☐ this regulation based on the agency's policy and the documentation provided. The documentation showed no person incarcerated being held longer than 24 hours in a safety cell. The facility manager, designee or responsible health care 520 Safety and Sobering Cell staff shall obtain a mental health opinion/consultation with responsible health care staff on placement and retention, BSCC staff reviewed safety cell placement which shall be secured within 12 hours of placement. reports for compliance with this regulation. During the review, BSCC staff determined to be ☒ ☐ ☐ compliant with this regulation due to the reports documenting an evaluation had occurred within 12 hours of placement or the person incarcerated was removed from the safety before 12 hours. Direct visual observation shall be conducted at least twice 520 - Safety and Sobering Cells every thirty minutes. Such observation shall be documented. ☒ ☐ ☐ Procedures shall be established to assure administration of 20 Safety and Sobering Cell ☒ ☐ ☐ necessary nutrition and fluids. 18 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Inmates shall be allowed to retain sufficient clothing, or be 520 Safety and Sobering Cell provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable BSCC staff reviewed safety cell placement risks to the inmate's safety or to the security of the facility reports, logs, policy and interviewed staff are documented. regarding suitable safety garments. During the review reports and interviews with staff, BSCC ☐ ☐ ☐ staff determined the agency is compliant with this regulation. Agency staff stated they give all persons placed in a safety cell a safety garment and safety blanket. During the onsite inspection, the safety cell was empty. 1056 USE OF SOBERING CELL 520.4 Sobering Cell Procedures The sobering cell described in Title 24, Part 2, Section BSCC staff reviewed a sampling of twenty-two 1231.2.4, shall be used for the holding of inmates who are a sobering cell placement reports. After the threat to their own safety or the safety of others due to their documentation review, BSCC staff determined ☒ ☐ ☐ state of intoxication and pursuant to written policies and the agency is compliant with this regulation. The procedures developed by the facility administrator. agency's form articulates why persons incarcerated are placed in a sobering cell in accordance with their policy and this regulation. Such inmates shall be removed from the sobering cell as 520.4 Sobering Cell Procedures they are able to continue in the processing. The agency's policy states inmates will be removed from the sobering cell when they no longer pose a threat to their own safety, the safety of others and are able to continue the booking process. ☒ ☐ ☐ BSCC staff reviewed a sampling of twenty-two sobering cell placement reports, logs, and the agency's policy. During the review, BSCC staff determined the agency to be in compliance with this regulation based on the documentation provided. The documentation shows the persons incarcerated are removed from the sobering cell when they are cooperative to continue the booking process. 19 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS In no case shall an inmate remain in a sobering cell over six 520.4 Sobering Cell Procedures hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical After the agency's staff determines a person procedures in accordance with section 1213 of these incarcerated needs to be placed in a sobering regulations, to determine whether the prisoner has an urgent cell, they conduct a preliminary alcohol medical problem. screening (PAS) to estimate their blood-alcohol concentration (BAC). The agency's staff then documents the BAC level on the observation log and continues to evaluate the person at various times while they are in the sobering cell. BSCC staff reviewed a sampling of twenty-two sobering cell placement reports, logs, and the agency's policy. During the review, BSCC staff determined the agency is in compliance with this ☒ ☐ ☐ regulation but not in compliance with their own policy 520.4 Sobering Cell Procedures that require a qualified health care professional assessment every six hours. The agency’s policy state custody staff can conduct an evaluation, which the agency does. The agency’s staff documents their PAS/BAC evaluation in the "Comments" field and the observation log's re- evaluation block. BSCC staff provided technical assistance to the agency by suggesting they add in language from this regulation for custody staff to conduct the evaluation. At 12 hours from the time of placement, all inmates will 520.4 Sobering Cell Procedures receive an evaluation by responsible health care staff. BSCC staff reviewed a sampling of twenty-two sobering cell placement reports, logs, and the agency's policy. Out of the reports reviewed, the agency had one incident of noncompliance with this regulation for a person who was continually ☒ ☐ ☐ held in a sobering cell for twelve hours and fifty- three minutes. The person was evaluated on four different occasions by facility staff, who determined the person needed to stay in a sobering cell due to the level of intoxication. After reviewing the documentation, BSCC staff determined the agency to be in compliance with this regulation. 20 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of inmates held in the 520 - Safety and Sobering Cells sobering cell shall be conducted no less than every half hour. Such observation shall be documented. BSCC staff reviewed a sampling of twenty-two sobering cell placement reports and logs to determine compliance with this regulation. During the review, BSCC staff determined the agency is noncompliant with not routinely completing safety checks within the required ☐ ☒ ☐ timeframe of this regulation. BSCC staff provided technical assistance and best practices to the agency by suggesting they incorporate their current policy requiring supervisors to review housing safety check logs at the beginning of their shift to review sobering cell logs. 1057 DEVELOPMENTALLY DISABLED 711 - Medical Screening INMATES 020 Accepting Prisoners 033 Developmentally Disabled Prisoners The facility administrator, in cooperation with the Inmate Orientation Manual responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate The agency policy essentially states a medical classification and housing, protection, and screening is performed on all persons upon nondiscrimination of all developmentally disabled inmates. arrival at the intake area to ensure that existing, emergent, and urgent health care, dental or mental health needs are identified, and risks are assessed. ☒ ☐ ☐ The agency’s policy also states that if a person is suspected of being developmentally disabled the Far Northern Regional Center in Redding, California will be contacted within twenty-four (24) hours, excluding weekends and holidays, for the purpose of diagnosis treatment. The agency’s Inmate Orientation Manual section XXIII Americans with Disabilities Act has information for persons incarcerated. The health authority or designee shall contact the regional 711 - Medical Screening center on any inmate suspected or confirmed to be 020 Accepting Prisoners developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ 033 Developmentally Disabled Prisoners and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 037 – Use of Force 513 - Use of Restraints The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Restraints, as defined by this regulation, are not procedures for the use of restraint devices and may delegate utilized in this facility. authority to place an inmate in restraints to a responsible health care staff. 21 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS In addition to the areas specifically outlined in this 513 - Use of Restraints regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate 513 - Use of Restraints ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ 513 - Use of Restraints protective housing of restrained persons; ☐ ☐ ☒ 513 - Use of Restraints provision for hydration and sanitation needs; and ☐ ☐ ☒ 513 - Use of Restraints exercising of extremities. ☐ ☐ ☒ 513 - Use of Restraints In no case shall restraints be used for punishment or as a 513 - Use of Restraints ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display 513 - Use of Restraints 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 513 - Use of Restraints 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 513 - Use of Restraints ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours 513 - Use of Restraints ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with 513 - Use of Restraints 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 513 - Use of Restraints 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 513 - Use of Restraints 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 513 - Use of Restraints handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 705 Health Care for Pregnant Inmates 705.2.1 Advisement and Counseling The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: 22 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) An inmate known to be pregnant or in recovery after 705 Health Care for Pregnant Inmates delivery shall not be restrained by the use of leg irons, waist ☒ ☐ ☐ 705.2.1 Advisement and Counseling chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in 705 Health Care for Pregnant Inmates recovery after delivery, shall not be restrained by the wrists, 705.2.1 Advisement and Counseling ☒ ☐ ☐ 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 705 Health Care for Pregnant Inmates currently responsible for the medical care of a pregnant 705.2.1 Advisement and Counseling 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 705 Health Care for Pregnant Inmates be advised, orally or in writing, of the standards and policies 705.2.1 Advisement and Counseling. governing pregnant inmates. After reviewing the agency's policy and conducting interviews with staff, BSCC staff ☒ ☐ ☐ determined the agency is compliant with this regulation. There were only four women in custody during the onsite inspection, and none were pregnant to be interviewed. 1059 USE OF REASONABLE FORCE TO 038 DNA Collection COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS The agency stated they would not use force in the collection of DNA. (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 reasonable force” shall be defined as the force that an objective, trained and competent correctional ☐ ☐ ☒ employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded by efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include ☐ ☐ ☒ an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written authorization of the facility watch commander on duty. The authorization shall include information that reflects the fact ☐ ☐ ☒ that the offender was asked to provide the requisite specimen, sample, or impression and refused. 23 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) If the use of reasonable force includes a cell extraction, the extraction shall be videotaped, including audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the length of time ☐ ☐ ☒ required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 1061 INMATE EDUCATION PROGRAM 050 – Inmate Education The facility administrator of any Type II or III facility shall In response to the COVID-19 pandemic, and in plan and shall request of appropriate public officials an accordance with federal, state, and local public inmate education program. health guidance and directives, on April 6, 2020, through January 6, 2021, the Modoc County Sheriff's Office requested emergency suspension of standards in their local detention facility for this regulation. The BSCC Chair, Linda Penner, has reviewed their request for suspension of standards and plans to mitigate impact of the ☒ ☐ ☐ suspension. Chair Penner granted the Modoc County Sheriff's Office request for Emergency Suspension of Standards pursuant to Title 15, Section 1012, Emergency Suspension of Standards. For current status and updates, please refer to the BSCC webpage link: http://www.bscc.ca.gov/adult-facility-status- due-to-COVID-19/ When such services are not made available by the 050 – Inmate Education appropriate public officials, then the facility administrator ☒ ☐ ☐ shall develop and implement an education program with available resources. Such a plan shall provide for the voluntary academic and/or 050 – Inmate Education ☒ ☐ ☐ vocational education of housed inmates. Reasonable criteria for program eligibility shall be 050 – Inmate Education established and an inmate may be excluded or removed ☒ ☐ ☐ based on sound security practices or failure to abide by facility rules and regulations. 24 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1062 VISITING 042 – Rules for Prisoners 045 – Inmate Visitation (a) The facility administrator shall develop written policies Inmate Orientation Manual and procedures for inmate visiting which shall provide for as many visits and visitors as facility schedules, space, and In response to the COVID-19 pandemic, and in number of personnel will allow. accordance with federal, state and local public health guidance and directives, on April 10, 2020, through April 6, 2021, the Modoc County Sheriff's Office requested emergency suspension of standards in their local detention facility for this regulation. The BSCC Chair, Linda Penner, has reviewed their request for suspension of standards and plans to mitigate impact of the suspension. Chair Penner granted the Modoc County Sheriff's Office request for Emergency Suspension of Standards pursuant to Title 15, Section 1012, Emergency Suspension of Standards. For current status and updates, please refer to the ☒ ☐ ☐ BSCC webpage link: http://www.bscc.ca.gov/adult-facility-status- due-to-COVID-19/ To help mitigate visiting for persons incarcerated, the agency has installed new video phone visitation lines for persons incarcerated until visits are allowed to reopen. The agency is reviewing how they can modify their current visit windows to start allowing barrier visits as soon as possible. For current status and updates on visiting at the jail, please refer to the Modoc County Sheriff’s Office webpage link: https://www.modocsheriff.us/home/pages/visita tion (TYPE II ONLY) 042 – Rules for Prisoners All inmates in Type II facilities are allowed at least two ☒ ☐ ☐ 045 – Inmate Visitation visits totaling at least one hour per inmate each week. Inmate Orientation Manual (TYPE III ONLY) Inmates in Type III facilities are allowed one or more ☐ ☐ ☒ visits, totaling at least one hour per week. (c) The visiting policies developed pursuant to this section 045 – Inmate Visitation shall include provision for visitation by minor children of ☒ ☐ ☐ the inmate. (d) Video visitation may be used to supplement existing visitation programs, but shall not be used to fulfill the ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an inmate. 25 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) Facilities shall not charge for visitation when visitors are 045 – Inmate Visitation 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; In-person (During Non-Covid) Visitation hours; Female inmates: Wednesday and Saturday 1000-1100 General Population male inmates: Wednesday and Saturday 1400-1500 Segregated male inmates: Wednesday and Saturday 1500-1600 Inmate Workers: Wednesday 1800-1900, Saturday 1400-1500 Time inmates are allowed for visitation; and, Two visitation periods each one (1) hour Any restrictions on inmate visitation. Visitors must be signed in for visitation no fewer than five (5) minutes prior to the beginning of each visitation period. Visitors must be at least eighteen years of age and be in possession of proper picture identification. Visitors and inmates will conduct themselves in an acceptable manner or visiting privileges will be suspended. Visitation may be temporarily suspended should an emergency arise. 1063 CORRESPONDENCE 1009 - Inmate Mail ☒ ☐ ☐ The facility administrator shall develop written policies and procedures for inmate correspondence which provide that: (a) there is no limitation on the volume of mail that an inmate 1009 - Inmate Mail may send or receive; The agency’s policy states inmates may, at their own expense, send and receive mail without ☒ ☐ ☐ restrictions on quantity, provided it does not jeopardize the safety of staff, visitors, or other inmates, or pose an unreasonable disruption to the orderly operation of the facility. 26 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) inmate correspondence may be read when there is a 1009 - Inmate Mail valid security reason and the facility manager or his/her ☒ ☐ ☐ designee approves; (c) jail staff shall not review inmate correspondence to or 1009 - Inmate 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 1009 - Inmate Mail ☒ ☐ ☐ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted 1009 - Inmate 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. 1064 LIBRARY SERVICES 048 – Library Services The facility administrator shall develop written policies and During the onsite inspection, BSCC staff procedures for library service in all Type II, III, and IV observed the facility's library and noted most of facilities. The scope of such service shall be determined by the modules had several books in the dayrooms. the facility administrator. The library service shall include ☒ ☐ ☐ access to legal reference materials, current information on community services and resources, and religious, educational, and recreational reading material. In Type IV facilities such a program can be either in-house or provided through access to the community. 1065 EXERCISE AND RECREATION Inmate Orientation Manual (a) The facility administrator of a Type II or III facility shall The agency's Inmate Orientation Manual states, develop written policies and procedures for an exercise and inmates will be given the opportunity for three recreation program, in an area designed for recreation, (3) hours of yard time distributed over a period which will allow a minimum of three hours of exercise of seven days unless security concerns, rain, distributed over a period of seven days. Such regulations as snow, or ice is present. All inmates of a are reasonable and necessary to protect the facility's security cell/dorm will go to the yard at the same time. and the inmates' welfare shall be included in such a program. The agency provided documentation for the recreation yard schedules for review. The agency documents which persons incarcerated go out to the recreation yard if the yard was ☒ ☐ ☐ closed for inclement weather and refusals. During the onsite inspection, BSCC staff interviewed multiple persons incarcerated about access to the recreation yard. During the interviews, persons incarcerated stated they are offered daily access to the recreation yard that exceeds the minimum three requirements of this regulation. The agency can do this due to the low numbers of people incarcerated. BSCC staff determined the agency in compliance with this regulation. 27 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1066 BOOKS, NEWSPAPERS, PERIODICALS, 042 – Rules for Prisoners AND WRITINGS 044 – Inmate Correspondence Inmate Orientation Manual The facility administrator of a Type II or III facility shall 1009 Inmate Mail develop written policies and procedures which will permit ☒ ☐ ☐ inmates to purchase, receive and read any book, newspaper, periodical, or writing accepted for distribution by the United States Postal Service. Nothing herein shall be construed as limiting the right of a facility administrator to: (1) exclude any publications or writings based on any 042 – Rules for Prisoners legitimate penological interest; 044 – Inmate Correspondence ☒ ☐ ☐ Inmate Orientation Manual 1009 Inmate Mail (2) exclude obscene publications or writings, and mail 042 – Rules for Prisoners containing information concerning where, how, or from 044 – Inmate Correspondence whom such matter may be obtained; and any matter of Inmate Orientation Manual a character tending to incite murder, arson, riot, violent 1009 Inmate Mail racism, or any other form of violence; any matter of a ☒ ☐ ☐ character tending to incite crimes against children; any matter concerning unlawful gambling or an unlawful lottery; the manufacture or use of weapons, narcotics, or explosives; or any other unlawful activity; (3) open and inspect any publications or packages 042 – Rules for Prisoners received by an inmate; and 044 – Inmate Correspondence ☒ ☐ ☐ Inmate Orientation Manual 1009 Inmate Mail (4) restrict the number of books, newspapers, 042 – Rules for Prisoners periodicals, or writings the inmate may have in his/her 044 – Inmate Correspondence cell or elsewhere in the facility at one time. ☒ ☐ ☐ Inmate Orientation Manual 1009 Inmate Mail 1067 ACCESS TO TELEPHONE 042 – Rules for Prisoners 046 – Inmate Telephone Usage The facility administrator shall develop written policies and Inmate Orientation Manual ☒ ☐ ☐ 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 042 – Rules for Prisoners 044 – Inmate Correspondence The facility administrator shall develop written policies and ☒ ☐ ☐ Inmate Orientation Manual procedures to ensure inmates have access to the court and to 1009 Inmate Mail legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these 042 – Rules for Prisoners regulations, and, 044 – Inmate Correspondence ☒ ☐ ☐ Inmate Orientation Manual 1009 Inmate Mail (b) confidential consultation with attorneys. 042 – Rules for Prisoners 044 – Inmate Correspondence ☒ ☐ ☐ Inmate Orientation Manual 1009 Inmate Mail 28 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1069 INMATE ORIENTATION Inmate Orientation Manual In Type II, III, and IV facilities, the facility administrator The Inmate Orientation Manual is located in the shall develop written policies and procedures for the ☒ ☐ ☐ dayroom kiosks (CIDNet) for all persons to implementation of a program reasonably understandable to access. The persons interviewed were well inmates designed to orient a newly received inmate at the versed on how the kiosk systems works. time of placement in a living area. Such a program shall be published and include, but not be Inmate Orientation Manual ☒ ☐ ☐ limited to, the following: (1) correspondence, visiting, and telephone usage rules; ☒ ☐ ☐ Inmate Orientation Manual (2) rules and disciplinary procedures; ☒ ☐ ☐ Inmate Orientation Manual (3) inmate grievance procedures; ☒ ☐ ☐ Inmate Orientation Manual (4) programs and activities available and method of Inmate Orientation Manual ☒ ☐ ☐ application; (5) medical services; ☒ ☐ ☐ Inmate Orientation Manual (6) classification/housing assignments; ☒ ☐ ☐ Inmate Orientation Manual (7) court appearance where scheduled, if known; ☒ ☐ ☐ Inmate Orientation Manual (8) voting, including registration; and, ☒ ☐ ☐ Inmate Orientation Manual (9) zero tolerance policy against sexual abuse and 606.4 Reporting sexual abuse 606-606.13 PREA sexual harassment. 310.2 PREA Training Inmate Orientation Manual The agency created a new policy and procedure manual, an Inmate Orientation Manual, and a PREA pamphlet. After reviewing the ☒ ☐ ☐ documentation, BSCC staff determined the agency is compliant with this regulation. The Inmate Orientation Manual explains how persons incarcerated can confidentially report sexual abuse and sexual harassment. All persons incarcerated are given the Inmate Orientation Manual during the booking process. 29 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1070 INDIVIDUAL/FAMILY SERVICE 042 Rules for Prisoners PROGRAMS 049 – Service Programs 050 – Inmate Education The facility administrator of a Type II, III, or IV facility shall Inmate Orientation Manual develop written policies and procedures which facilitate cooperation with appropriate public or private agencies for In response to the COVID-19 pandemic, and in individual and/or family social service programs for accordance with federal, state, and local public inmates. Such a program shall utilize the services and health guidance and directives, on April 6, 2020, resources available in the community and may be in the form through January 6, 2021, the Modoc County of a resource guide and/or actual service delivery. Sheriff's Office requested emergency suspension of standards in their local detention facility for this regulation. The BSCC Chair, Linda Penner, has reviewed their request for suspension of ☒ ☐ ☐ standards and plans to mitigate impact of the suspension. Chair Penner granted the Modoc County Sheriff's Office request for Emergency Suspension of Standards pursuant to Title 15, Section 1012, Emergency Suspension of Standards. For current status and updates, please refer to the BSCC webpage link: http://www.bscc.ca.gov/adult-facility-status- due-to-COVID-19/ The range and source of such services shall be at the 042 Rules for Prisoners discretion of the facility administrator and may include: 049 – Service Programs (a) risk and needs assessments; 050 – Inmate Education (b) best practices in: Inmate Orientation Manual (1) individual, group and/or family counseling; (2) drug and alcohol abuse counseling; (3) cognitive behavioral interventions; (4) vocational testing and counseling; ☒ ☐ ☐ (5) employment counseling; (c) referral to community resources and programs; (d) reentry planning and service development; (e) legal assistance; (f) regional center services for the developmentally disabled; and, (g) community volunteers. 1071 VOTING 502.A - Inmate Orientation Manual The facility administrator of a Type I (holding sentenced inmate workers) II, III or IV facility shall develop written ☒ ☐ ☐ policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 30 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1072 RELIGIOUS OBSERVANCES 042 – Rules for Prisoners Inmate Orientation Manual The facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures to provide In response to the COVID-19 pandemic, and in opportunities for inmates to participate in religious services, accordance with federal, state, and local public practices and counseling on a voluntary basis. health guidance and directives, on April 6, 2020, through January 6, 2021, the Modoc County Sheriff's Office requested emergency suspension of standards in their local detention facility for this regulation. The BSCC Chair, Linda Penner, has reviewed their request for suspension of standards and plans to mitigate impact of the ☒ ☐ ☐ suspension. Chair Penner granted the Modoc County Sheriff's Office request for Emergency Suspension of Standards pursuant to Title 15, Section 1012, Emergency Suspension of Standards. For current status and updates, please refer to the BSCC webpage link: http://www.bscc.ca.gov/adult-facility-status- due-to-COVID-19/ 1073 INMATE GRIEVANCE PROCEDURE 609 - Inmate Grievances (a) Each administrator of a Type II, III, or IV facility and The agency has an electronic filing system Type I facilities which hold inmate workers shall develop (CIDNet) for persons incarcerated to file written policies and procedures whereby any inmate may grievances. appeal and have resolved grievances relating to any conditions of confinement, including but not limited to: BSCC staff reviewed a sampling of twenty medical care; classification actions; disciplinary actions; grievances. During the review, BSCC staff noted program participation; telephone, mail, and visiting grievances were answered within a couple of procedures; and food, clothing, and bedding. days. Such policies and procedures shall include: ☒ ☐ ☐ During the onsite inspection, BSCC staff interviewed persons incarcerated that stated they use the kiosk to file a grievance or ask for a paper form. The person interviewed also started the facility answers their grievances promptly. After completing the review of grievance reports and interviews persons incarcerated, BSCC staff determined the agency is compliant with this regulation. (1) a grievance form or instructions for registering a 609 - Inmate Grievances ☒ ☐ ☐ grievance; (2) resolution of the grievance at the lowest appropriate 609 - Inmate Grievances ☒ ☐ ☐ staff level; (3) appeal to the next level of review; ☒ ☐ ☐ 609 - Inmate Grievances (4) written reasons for denial of grievance at each level 609 - Inmate Grievances ☒ ☐ ☐ of review which acts on the grievance; (5) provision for response within a reasonable time 609 - Inmate Grievances ☒ ☐ ☐ limit; and, 31 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) provision for resolving questions of jurisdiction 609 - Inmate Grievances ☒ ☐ ☐ within the facility. (b) Grievance System Abuse: 609 - Inmate Grievances The facility may establish written policy and procedure to ☒ ☐ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY PENALTIES 600 - Inmate Discipline Inmate Orientation Manual Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary BSCC staff reviewed a sampling of Inmate penalties to guide inmate conduct. Rules of Conduct Violation reports. The Undersheriff reviews all violation reports for ☒ ☐ ☐ approval or dismissal of imposed disciplinary sanctions. During the documentation review, BSCC staff determined the agency is compliant with this regulation. Such rules and disciplinary penalties shall be stated simply 600 - Inmate Discipline 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 600.8.3 Staff Assistance 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 600 - Inmate Discipline 601 - Disciplinary Separation Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but The agency provides persons incarcerated an not be limited to, the following elements: opportunity to sign the Inmate Rules of Conduct Violation report. The report informs the person ☒ ☐ ☐ of the narrative of the violation, the person's rights during a disciplinary hearing, and a check box to reject the Disciplinary Hearing Officers decision or waive the right to a hearing and accept the imposed discipline. (a) Temporary Loss of Privileges: For minor acts of non- 600 - Inmate Discipline conformance or minor violations of facility rules, staff may 601 - Disciplinary Separation 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 600 - Inmate Discipline repetitive minor acts of non-conformance or repetitive minor 601 - Disciplinary Separation violations of facility rules shall be reported in writing by the staff member observing the act and submitted to the During the documentation review, BSCC staff disciplinary officer. The consequences of such violations ☒ ☐ ☐ noted the majority of sanctions given were for may include, but are not limited to: less than two weeks or dismissed by the Undersheriff. 1. Loss of good time/work time. ☒ ☐ ☐ 600 - Inmate Discipline 32 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 2. Placement in disciplinary separation. ☒ ☐ ☐ 600 - Inmate Discipline 3. Disciplinary separation diet. ☒ ☐ ☐ 600 - Inmate Discipline 4. Loss of privileges mandated by regulations. ☒ ☐ ☐ 600 - Inmate Discipline A staff member with investigative and punitive authority 600 - Inmate Discipline shall be designated as a disciplinary officer to impose such ☒ ☐ ☐ consequences. Staff shall not participate in disciplinary review if they are 600 - Inmate Discipline ☒ ☐ ☐ involved in the charges. Such charges pending against an inmate shall be acted on 600 - Inmate Discipline with the following provisions and within specified ☒ ☐ ☐ timeframes: 1. A copy of the report, and/or a separate written notice 600 - Inmate Discipline ☒ ☐ ☐ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be 600 - Inmate Discipline provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☒ ☐ ☐ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her 600 - Inmate Discipline 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 600 - Inmate Discipline after an inmate has been informed of the charge(s) in ☒ ☐ ☐ writing. 5. Subsequent to final disposition of disciplinary 600 - Inmate Discipline 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 600 - Inmate Discipline 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 600 - Inmate Discipline ☒ ☐ ☐ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator 600 - Inmate Discipline 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 601 - Disciplinary Separation conditions or restrictions that reasonably relate to a ☒ ☐ ☐ legitimate, non-punitive administrative purpose. 33 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE 600 - Inmate Discipline 601 - Disciplinary Separation The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule During the documentation review, BSCC staff infraction. Acceptable forms of discipline shall consist of, noted the majority of sanctions given were for but not be limited to, the following: less than two weeks or dismissed by the (a) Loss of privileges. Undersheriff. (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. 1083 LIMITATIONS ON DISCIPLINARY 600 - Inmate Discipline ACTIONS 601 - Disciplinary Separation 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 600 - Inmate Discipline 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 600 - Inmate Discipline 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 600 - Inmate Discipline 2, 1231.2.5, or any restraint device be used for disciplinary ☒ ☐ ☐ purposes. (e) No inmate may be deprived of the implements necessary 600 - Inmate Discipline 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. ☒ ☐ ☐ 600 - Inmate Discipline (g) The disciplinary separation diet described in section 602 Disciplinary Separation Diet 1247 of these regulations shall only be utilized for major violations of institutional rules. During the documentation review, BSCC staff ☒ ☐ ☐ noted there were no sanctions imposed requiring a disciplinary diet. 34 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) In addition to the provisions of Section 1247, 600 - Inmate Discipline 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 600 - Inmate Discipline facility manager shall approve any continuation on ☒ ☐ ☐ that diet every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except 600 - Inmate Discipline 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 600 - Inmate Discipline ☒ ☐ ☐ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS 600 - Inmate Discipline 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. 1206.5 MANAGEMENT OF COMMUNICABLE OPERATION POLICY: Interim Jail Policy to DISEASES IN A CUSTODY SETTING address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. Edward P. Richert, Modoc County Health (a) The responsible physician, in conjunction with the Officer facility administrator and the county health officer, shall develop a written plan to address the identification, 041 Medical Procedures/Administering treatment, control and follow-up management of Prescriptions ☒ ☐ ☐ tuberculosis symptoms, referral for a medical 715 - Communicable Diseases evaluation, treatment responsibilities during incarceration and coordination with public health officials for follow-up treatment in the community. The plan shall reflect the current local incidence of communicable diseases which threaten the health of inmates and staff. (b) Consistent with the above plan, the health authority OPERATION POLICY: Interim Jail Policy to shall, in cooperation with the facility administrator and address health and safety of incarcerated and the county health officer, set forth in writing, policies detained persons, staff, and visitors; by Dr. and procedures in conformance with applicable state ☒ ☐ ☐ Edward P. Richert, Modoc County Health and federal law, which include, but are not limited to: Officer 715 - Communicable Diseases (1) The types of communicable diseases to be reported; OPERATION POLICY: Interim Jail Policy to address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. ☒ ☐ ☐ Edward P. Richert, Modoc County Health Officer (2) The persons who shall receive the medical reports; OPERATION POLICY: Interim Jail Policy to address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. Edward P. Richert, Modoc County Health Officer 35 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Sharing of medical information with inmates and OPERATION POLICY: Interim Jail Policy to custody staff: address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. Edward P. Richert, Modoc County Health ☒ ☐ ☐ Officer The agency has signage placed in the facility for education on COVID-19. (4) Medical procedures required to identify the OPERATION POLICY: Interim Jail Policy to presence of diseases(s) and lessen the risk of address health and safety of incarcerated and exposure to others; detained persons, staff, and visitors; by Dr. Edward P. Richert, Modoc County Health Officer ☒ ☐ ☐ The agency’s Operation Policy addresses PPE, Testing, Sanitation, Quarantining, Intake Screening, and exposures to staff and persons incarcerated. (5) Medical confidentiality requirements; OPERATION POLICY: Interim Jail Policy to address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. Edward P. Richert, Modoc County Health Officer ☒ ☐ ☐ The agency collaborates with their Public Health Officer who developed their Operation Policy for COVID-19 in the jail. (6) Housing considerations based upon behavior OPERATION POLICY: Interim Jail Policy to medical needs and safety of the affected inmates; address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. ☒ ☐ ☐ Edward P. Richert, Modoc County Health Officer (7) Provisions for inmate consent that address the OPERATION POLICY: Interim Jail Policy to limits of confidentiality; and, address health and safety of incarcerated and detained persons, staff, and visitors; by Dr. ☒ ☐ ☐ Edward P. Richert, Modoc County Health Officer (8) Reporting and appropriate action upon the possible OPERATION POLICY: Interim Jail Policy to exposure of custody staff to a communicable address health and safety of incarcerated and disease. ☒ ☐ ☐ detained persons, staff, and visitors; by Dr. Edward P. Richert, Modoc County Health Officer 36 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1211 SICK CALL The agency contracts its medical services with Goose Lake Medical. The Jail Nurse conducts sick calls on Tuesday and Thursday between the There shall be written policies and procedures developed by hours of 1300 and 1400 hours. Persons the facility administrator, in cooperation with the health incarcerated submit a Medical Request form authority, which provides for a daily sick call conducted for prior to the Jail Nurse’s regularly scheduled visit all inmates or provision made that any inmate requesting ☒ ☐ ☐ to be seen. medical/mental health attention be given such attention. When there is a medical emergency, the agency's staff notifies the Modoc Medical Center Ambulance and Alturas City Fire Department. 1260 STANDARD INSTITUTIONAL CLOTHING 807.3.2 Clothing Issue The standard issue of climatically suitable clothing to During the onsite inspection, BSCC staff inmates held after arraignment in all but Court Holding, ☒ ☐ ☐ observed persons incarcerated are allowed to Temporary Holding and Type IV facilities shall include, but wash their issued clothing and are proved new not be limited to: clothing upon request. (a) Clean socks and footwear; ☒ ☐ ☐ 807.3.2 Clothing Issue (b) Clean outergarments; and, ☒ ☐ ☐ 807.3.2 Clothing Issue (c) Clean undergarments; ☒ ☐ ☐ 807.3.2 Clothing Issue (1) For males – shorts and undershirt, and ☒ ☐ ☐ 807.3.2 Clothing Issue (2) For females – bra and two pairs of panties. ☒ ☐ ☐ 807.3.2 Clothing Issue The inmate’s personal undergarments and footwear may be 807.3.2 Clothing Issue substituted for the institutional undergarments and footwear specified in this regulation. This option notwithstanding, the ☒ ☐ ☐ facility has the primary responsibility to provide the personal undergarments and footwear. Clothing shall be reasonably fitted, durable, easily laundered 807.3.2 Clothing Issue ☒ ☐ ☐ and repaired. 1264 CONTROL OF VERMIN IN INMATES’ 805 - Vermin and Pest Control PERSONAL CLOTHING The agency’s policy states clothing, bedding, There shall be written policies and procedures developed by and other property that is suspected of being the facility administrator to control the contamination and/or infested shall either be removed from the facility spread of vermin in all inmates’ personal clothing. Infested or cleaned and treated by the following methods, clothing shall be cleaned, disinfected, or stored in a closed as appropriate or as directed by the pest control container so as to eradicate or stop the spread of vermin. provider or the Responsible Physician (15 CCR 1264): ☒ ☐ ☐ • Washing in water at 140 degrees for 20 minutes • Tumbling in a clothes dryer at 140 degrees for 20 minutes • Dry cleaning • Storing in sealed plastic bags for 30 days • Treating with an insecticide specifically labeled for this purpose 37 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1265 ISSUE OF PERSONAL CARE ITEMS 807 - Inmate Hygiene There shall be written policies and procedures developed by the facility administrator for the issue of personal hygiene During the onsite inspection, the agency items. Each female inmate shall be provided with sanitary ☒ ☐ ☐ provided BSCC staff with a receipt for sanitary napkins, panty liners, and tampons as requested. Each napkins, panty liners, and tampons. Hygiene inmate to be held over 24 hours who is unable to supply product are available upon request. himself/herself with the following personal care items, because of either indigency or the absence of an inmate canteen, shall be issued: (a) Toothbrush, ☒ ☐ ☐ 807 - Inmate Hygiene (b) Dentifrice, ☒ ☐ ☐ 807 - Inmate Hygiene (c) Soap, ☒ ☐ ☐ 807 - Inmate Hygiene (d) Comb, and ☒ ☐ ☐ 807 - Inmate Hygiene (e) Shaving implements. ☒ ☐ ☐ 807 - Inmate Hygiene Inmates shall not be required to share any personal care 807 - Inmate Hygiene ☒ ☐ ☐ items listed in the items “a” through “d”. 1266 SHOWERING 807.9 Inmate Showers There shall be written policies and procedures developed by All housing areas have showers located in the the facility administrator for inmate showering/bathing. ☒ ☐ ☐ dayrooms. All persons have access to the Inmates shall be permitted to shower/bathe upon assignment showers when the module dayrooms are open for to a housing unit and at least every other day or more often free time. if possible. 1267 HAIR CARE SERVICES (EXCERPT) 42 – Rules for Prisoners (a) Hair care services shall be available. The agency’s policy essentially states persons ☒ ☐ ☐ incarcerated can request hair clippers on Saturday and Sunday from 0800 to 2000 hours. (b) Inmates, except those who may not shave for reasons of 42 – Rules for Prisoners identification in court, shall be allowed to shave daily and receive hair care services at least once a month. The ☒ ☐ ☐ facility administrator may suspend this requirement in relation to inmates who are considered to be a danger to themselves or others. 1270 STANDARD BEDDING AND LINEN ISSUE 807.3.1 Bedding Issue The standard issue of clean suitable bedding and linens, for During the onsite inspection, BSCC staff each inmate entering a living area who is expected to remain interviewed persons incarcerated who informed ☒ ☐ ☐ overnight, shall include, but not limited to: them they receive bedding exchange weekly and can wash the linen themselves in the facility’s laundry room. (a) One serviceable mattress which meets the requirements 807.3.1 Bedding Issue ☒ ☐ ☐ of Section 1272 of these regulations; (b) One mattress cover or one sheet; ☒ ☐ ☐ 807.3.1 Bedding Issue (c) One towel; and, ☒ ☐ ☐ 807.3.1 Bedding Issue (d) One blanket or more depending upon climatic 807.3.1 Bedding Issue ☒ ☐ ☐ conditions. Two blankets or sleeping bag may be issued in place of one 807.3.1 Bedding Issue ☒ ☐ ☐ mattress cover or one sheet. 38 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND 009 Jail Cleanliness, building maintenance MAINTENANCE The jail was built Pre-1973, and the majority of The facility administrator shall develop written policies and the fixtures installed are porcelain. During the procedures for the maintenance of an acceptable level of onsite inspection, BSCC staff determined the cleanliness, repair and safety throughout the facility. Such a agency is noncompliant with this regulation for plan shall provide for a regular schedule of housekeeping dormitories Cascade, Sierra, and Warner due to tasks and inspections to identify and correct unsanitary or sinks being in disrepair and not working unsafe conditions or work practices which may be found. correctly. The dormitories have separate drinking fountains not connected to the porcelain sinks. The issues noted during the inspection are: ☐ ☒ ☐ Sierra Dorm: Broken sink valves and missing one sink. Waner Dorm: Sink valves need repair and missing Cascade Dorm: Sink valves need repair, and one sink had a hole where the valve had broken through The agency’s staff said they were working on replacing sinks with stainless steel fixtures. DETENTION OF MINORS Are minors held in this facility? If yes, the following Minors are not held in or brought to this facility. sections including those summarizing the regulations identified in Title 15, Article 8 of these regulations apply ☐ ☐ ☒ (Minors in Jails). Note: Reference PC § 207.1(b), 207.6, 707.1 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles are not confined or detained in any facility in which they have contact with adult prisoners. ☐ ☐ ☒ Reference: WIC 208 1101 RESTRICTIONS ON CONTACT WITH ADULT PRISONERS The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between detained minors and adults confined in the facility. 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, side-by-side presence with the minor or the adult to prevent sustained contact. The above restrictions do not apply to minors who are participating in supervised program activities pursuant to Section 208 (c) of the Welfare and Institutions Code. 39 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1102 CLASSIFICATION The facility administrator shall develop and implement a ☐ ☐ ☒ written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include the following: (a) a procedure for receiving and transmitting information regarding minors who present a risk or hazard to self or others ☐ ☐ ☒ while confined at the facility, and the segregation of such minors to the extent possible within the limits of the facility. (b) a procedure to provide care for any minor who appears to be in need of or who requests medical, mental health, or developmental disability treatment. Written procedures shall ☐ ☐ ☒ be established by the responsible health administrator in cooperation with the facility administrator. (c) a suicide prevention program designed to identify, monitor, and provide treatment to those minors who present a ☐ ☐ ☒ suicide risk. (d) provide that minors be housed separately from adults and not be allowed to come or remain in contact with adults except ☐ ☐ ☒ as provided in Sections 208(c) of the Welfare and Institutions Code. 1103 RELEASE PROCEDURES Facility staff shall notify the parents or guardians prior to the ☐ ☐ ☒ release of a minor. The minor's personal clothing and valuables shall be returned to the minor, parents or guardian, upon the minor's release or consent. 1104 SUPERVISION OF MINORS ☐ ☐ ☒ The facility administrator shall develop and implement policy and procedures that provide for: (a) continuous around-the-clock supervision of minors with ☐ ☐ ☒ assurance that staff can hear and respond; and, (b) safety checks of minors at least once every 30 minutes. These safety checks shall include the direct visual observation of movement and/or skin. Safety checks shall not be replaced, but may be supplemented by, an audio/visual electronic ☐ ☐ ☒ surveillance system designed to detect overt, aggressive, or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented. 1105 RECREATIONAL PROGRAMS The facility administrator shall develop written policies and procedures to provide a recreation program that shall protect ☐ ☐ ☒ the welfare of minors and other inmates, recognize facility security needs and comply with minimum jail standards for recreation (California Code of Regulations, Title 15, Section 1065). 1106 DISCIPLINARY PROCEDURES Nothing in this regulation shall prevent the administrator from removing a detained minor from the general population ☐ ☐ ☒ or program for reasons of the minor's mental or physical health; or under any circumstances in which the safety of the minor, other inmates, staff, the program or community is endangered, pending a disciplinary action or review. 40 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) Minors requiring disciplinary confinement shall be housed only in living areas designated for the detention of ☐ ☐ ☒ minors. (b) Permitted forms of discipline include: ☐ ☐ ☒ (1) loss of privileges; and, (2) disciplinary confinement. ☐ ☐ ☒ (c) Access to visitation and recreation shall be restricted only after a second level review by a supervisor or manager, and ☐ ☐ ☒ shall not extend beyond five days without subsequent review. (d) A status review shall be conducted for those minors placed ☐ ☐ ☒ in disciplinary confinement no less than every 24 hours. (e) Prohibited forms of discipline include: ☐ ☐ ☒ (1) discipline that does not fit the violation; (2) corporal punishment; ☐ ☐ ☒ (3) inmate imposed discipline; ☐ ☐ ☒ (4) placement in safety cells; ☐ ☐ ☒ (5) deprivation of food; and, ☐ ☐ ☒ (6) the adult disciplinary diet. ☐ ☐ ☒ 1120 EDUCATION PROGRAM FOR MINORS IN JAILS Whenever a minor is held in a Type II or III facility, the ☐ ☐ ☒ facility administrator shall coordinate with the County Department of Education or County Superintendent of Schools to provide education programs as required by Section 48200 of the Education Code. 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the facility ☐ ☐ ☒ administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☐ ☒ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, she shall be advised, orally or in writing, of the standards and ☐ ☐ ☒ policies governing pregnant minors. 41 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION 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. 42 3220 Modoc County Jail II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT TYPE I, II, III AND IV FACILITIES APPLICABLE REGULATIONS: PRE-73; 4/73 Title 24, California Code of Regulations (CCR) BSCC Code: 3220 FACILITY NAME: Modoc County Jail FACILITY TYPE: II APPLICABLE REGULATIONS (Check All That Apply): PRE-73: Post 4/73: X OTHER: 1988, 1994 FIELD REPRESENTATIVE: Steven Wicklander DATE: 4/8/2021 ARTICLE/SECTION YES NO N/A COMMENTS Holding Cells (2.2) There is a booking room area. If additional space Contain 10 square feet of floor per inmate X is required, the agency uses the secure side of the visitation room. 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) The weapons locker is located in the sallyport, External to the security area and equipped with individual X outside of the secure area of the jail. compartments, locks and keys Detoxification/Sobering Cells (2.4) 01: Name change to "sobering cell" X Limited to no more than 15 inmates 4-73: Capacity limited to 16 inmates Contain 15 square feet of floor per inmate X Contain toilet A toilet, washbasin and drinking fountain are X 4-73: 1:8 ratio available when requested. Contain washbasin 4-73: Washbasins provide cold water X 4-73: 1:8 ratio Contain drinking fountain X Adequate visual observation X Padding recommended Padded floor, walls and partition. X 4-73: Padding required Shower-Delousing Room (3.4) X Available in booking/reception Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) Available for inmate use per Penal Code § 851.5 X 3220 Modoc County Jail PHY II 20-22 - 1 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Single Occupancy Cells (2.6) Cells equipped with two bunks; square footage Maximum capacity of one inmate. insufficient for double-occupancy. The facility routinely houses fewer persons incarcerated than their rated capacity. X 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 4-73: 1 in each single or multi-occupancy cell Contain a bunk capable of accommodating a standard 30" X X 76" mattress Multiple Occupancy Cells (8227) There are no cells of this type in the facility. The A capacity of more than 2 persons X remainder of the regulation was deleted from this checklist. 4-73: Capacity between 4-16 inmates Safety Cells (2.5) X Designed to house one person A minimum width of 6 feet, length of 7.5 feet and height of 8 feet X 4-73: Minimum 6 foot width; length and height of 8 feet Equipped with flush ring toilet (flush with floor) X Equipped with solid security door and view panel X Padded floor, door and walls The agency repaired the padded wall in 2021. X 4-73: Illumination provided by variable intensity light X fixture operable from outside the cell. Dormitory (2.8) Capacity of 4-50 inmates X 4-73: Capacity limitation deleted 500 cubic feet of air space per inmate Cascade, Warner, and Sierra dormitories have a 4-73: 40 square feet per inmate rated capacity of 10. On the day of inspection, X there were only eight bunks in each dormitory. A least 10 foot ceilings if double bunked X 4-73: Toilet and Washbasin ratio at 1:8 ratio Toilets and washbasins allow for a maximum of X 16. 4-73: Drinking fountain X Showers (3.4) 4-73: 1:16 ratio X 4-73: Available at 1:16 ratio 1994: Multi occupancy cells/dorms 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 3220 Modoc County Jail PHY II 20-22 - 2 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Dayrooms (2.9) Sufficient space (dorm and dayroom) for 10. Available for inmates in single cells, multiple cells and Dorms are rated using 1994 physical plant dormitories X standards. 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) A room used for programming is located adjacent Available in Type II and III facilities X to the dormitories. 4-73: Sufficient area and furnishing s to meet needs Dining Facilities (2.17) Persons incarcerated eat in their assigned 15 square feet per person served (in facilities for 100 dayrooms. persons or more) X 4-73: Toilets, washbasins and showers are not in the same room or not in view of inmates dining Visiting (2.18) X Visiting area 4-73: Contact visits are permitted in minimum security X facilities Attorney Interview Space (2.26) X Provide for confidential attorney consultation Janitor Closet (2.20) X Located in security areas, lockable, containing a mop sink Storage Space (2.21) X Adequate space available Audio or Video Monitoring System (2.22) Video and audio monitoring in safety and Located in all inmate housing units and capable of alerting detoxification cells; video in corridors; audio staff in a central control monitoring in all housing cells (sound actuated). Jail video monitoring capability has been added to X the dispatch area and the supervisor's office as a backup to the jail monitoring. The agency is continuing to add cameras as funding comes available. Fire Alarm System [102(2)6] Recommended in Pre-73 facilities X 4-73: Automatic fire alarm system is required Emergency Power (2.24) Recommended in Pre-73 facilities X 4-73: Required; to provide minimal lighting, communication s and alarm systems 3220 Modoc County Jail PHY II 20-22 - 3 - A380 PHY Type P73&4-73.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3220 FACILITY: Modoc County Jail TYPE: II RC: 43 FIELD REPRESENTATIVE: Steven Wicklander DATE: 4/8/2021 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Booking Holding 1973 1 - (2) (2) 6.2' x 5.5' - - - - - Notes: Contains 4' bench, seating limits capacity; toilet facilities accessible; room functions as a booking enclosure. Sobering 1973 1 - (4) (4) 6.3' x 9.8' x 8.0' 1 - 1 1 - Safety 1988 1 - (1) (1) 8.3' x 6.6' 1 - - - - Notes: Irregular shaped cell; approximate square footage of 52.48. Main BLOCK (A & B) Single 1973 6 2 1 6 7.0' x 8.5' x 8.0' 1 - 1 1 - Notes: The housing unit consists of a central dayroom with six cells (three on each side); there is a shower in the dayroom, as well as a toilet and washbasin. There are two picnic-style tables in dayroom, TV, and phone. Each cell has two bunks, 2 storage units and combo unit. Dayroom areas are 24.25' x 14.75' x 9' = 357 sq. ft.; phone in dayroom. C-BLOCK Single 1973 2 2 1 2 7.0' x 8.5' x 8.0' 1 - 1 1 - Notes: Dayrooms are 15.25' x 9.5' x 9.0'; shower in dayroom; phone in dayroom. D-BLOCK Single 1973 2 2 1 2 7.0' x 8.5' x 8.0' 1 - 1 1 - Notes: Dayrooms are 15.25' x 9.5' x 9.0'; shower in dayroom; phone in dayroom. E-BLOCK Single 1973 2 2 1 2 7.0' x 9.5' x 8.0' 1 - 1 1 - Notes: Dayroom are 14.25' x 6' x 8'; shower in dayroom; phone in dayroom. F-BLOCK Single 1973 1 1 1 1 7.0' x 9.5' x 8.0' 1 - 1 1 - Notes: Dayrooms are 14.25' x 6' x 8'; shower in dayroom; used as segregation or discipline cell; prior LASE listed 2 cells. Original unit had two cells; however, one was lost in the creation of the safety cell. Phone in dayroom. 2016-2018 inspection – LASE changed to reflect the second bunk was removed from this single occupancy cell. Cascade Dorm 1994 1 8 10 10 See notes 2 - 2 1 2 Warner Dorm 1994 1 8 10 10 See notes 2 - 2 1 2 Sierra Dorm 1994 1 8 10 10 See notes 2 - 2 1 2 Notes: Dorms are irregularly shaped with a total of 731 sq. ft. each – combined dayroom and dorm space. Furnishings are adequate for rated capacity. Seating for 16 in Cascade and Sierra dorms, and 12 in Warner. Dorms were reevaluated for rated capacity under 1994 standards based on double bunks 05/16/95. 2016-2018 inspection – LASE changed to reflect that eight (of 16) bunks were removed from each dormitory. 2018-2020 inspection – LASE changed to reflect one bunk was removed from each dormitory. It does not change the rated capacity. 2020-2022: LASE changed to reflect only eight bunks in these three dormitories. *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. 3220 Modoc County Jail II LASE 20-22 20-22 - 1 - A360 LAS Adult.dot (9/98) COURT HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3223 FACILITY NAME: Modoc County Court Holding Facility FACILITY TYPE: CH PERSON(S) INTERVIEWED: Undersheriff S. Withrow and Sergeant Yeier FIELD REPRESENTATIVE: Steven Wicklander DATE: 4/8/2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 053 – Court Holding Facility HOLDING FACILITY TRAINING 306 – Training Custodial personnel who supervise inmates in, and This agency is compliant with the most recent supervisors of, a Court Holding or Temporary Holding annual Standards and Training for Corrections facility shall complete 8 hours of specialized training. Such (STC) compliance review. training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in 053 – Court Holding Facility any event not more than six months after the date of assigned 306 – Training responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental This agency is compliant with the most recent Core training, pursuant to Section 1020, Corrections Officer annual Standards and Training for Corrections Core Course, may be substituted for the initial eight hours of ☒ ☐ ☐ (STC) compliance review. The agency provided training. their Supplemental Core Course Training roster for Law Enforcement staff who work in the jail and courthouse. Eight hours of refresher training shall be completed once 053 – Court Holding Facility every two years. Successful completion of the requirements 306 – Training in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. ☒ ☐ ☐ The agency provided their Supplemental Core Course Training roster for Law Enforcement staff who work in the jail and courthouse. 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. 3223 Modoc County CH PRO 20-22 - 1 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL 002 – Jail Staffing Plan 053 – Court Holding Facility 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 002 – Jail Staffing Plan least one employee on duty at all times in a local detention 053 – Court Holding Facility 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. The court holding facility is connected to the jail via a sidewalk. Due to the national ☒ ☐ ☐ pandemic and the reduction in court cases, persons incarcerated are generally walked to the courthouse when it is time for their court case. Such an employee shall not have any other duties which 053 – Court Holding Facility would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there 002 - Jail Staffing policy shall be at least one female employee who shall be 224 - Staffing Plan immediately available and accessible to such females. Note: Reference PC§ 4021. The court holding facility is connected to the jail via a sidewalk. The court holding cell is not routinely used to hold people. Due to the national pandemic and the reduction in court cases, ☒ ☐ ☐ persons incarcerated are generally walked to the courthouse when it is time for their court case. The jail has a female sergeant working dayshift who can be readily available if needed for compliance with this regulation. During this inspection cycle, the agency has hired one additional female corrections officer. To determine if there is a sufficient number of personnel for 02 – Jail Staffing a specific facility, the facility administrator shall prepare and 224 - Staffing Plan retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 504 - Inmate Safety Checks 008 – Jail Operations (008-01) Safety checks shall be conducted at least hourly through 053 – Court Holding Facility direct visual observation of all inmates. There shall be no more than a 60 minute lapse between safety checks. Due to the national pandemic and the reduction ☒ ☐ ☐ in court cases, persons incarcerated are generally walked to the courthouse when it is time for their court case. The court holding cell is not routinely used to hold people. During the documentation review of safety checks, BSCC staff determined the agency is compliant with this regulation. 3223 Modoc County CH PRO 20-22 - 2 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS There shall be a written plan that includes the documentation 504 - Inmate Safety Checks ☒ ☐ ☐ of routine safety checks. 008 – Jail Operations (008-01) 1028 FIRE AND LIFE SAFETY STAFF 224 - Staffing Plan 035 Emergency Plans and Procedures Whenever there is an inmate in custody, there shall be at 053 Court Holding Facility least one person on duty at all times who meets the training standards established by the BSCC for general fire and life The agency provided their Supplemental Core safety. (Penal Code section 6030[e]) ☒ ☐ ☐ Course Training roster for Law Enforcement staff who work in the jail and courthouse. During the Supplemental Core Course, the staff is provided fire training for compliance with this regulation. The facility manager shall ensure that there is at least one 035 – Emergency Plans and Procedures person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Modoc County Custody Manual (Lexipol) Modoc County Jail Manual Facility administrator(s) shall develop and publish a manual 053 Court Holding Facility of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Modoc County is in the process of converting its Title 24 regulations and shall be comprehensively reviewed Jail policy manual to the Lexipol Custody and updated at least every two years. Such a manual shall be ☒ ☐ ☐ Manual. made available to all employees. Last reviewed and updated on February 3-7, The policies and procedures required in subsections (a)(6) 2020 and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections d does not apply and has been deleted. (a) The manual shall provide for, but not be limited to, the 100 - Organizational Structure and following: Responsibility ☒ ☐ ☐ (1) Table of organization, including channels of 104 - Administrative Communications communications. (2) Inspections and operations reviews by the facility 106 - Annual Facility Inspection ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. 037 – Use of Force 513 - Use of Restraints ☒ ☐ ☐ Modoc County SO Policy Manual 300 - Use of Force 302 - Use of Force Review Boards (4) Policy on the use of restraint equipment, including the 513 - Use of Restraints restraint of pregnant inmates as referenced in Penal Code Section 3407. Use of restraints as defined by this regulation and regulation 1068 are not used at the Modoc ☒ ☐ ☐ County Court Holding facility. The policy does document the restraint of pregnant inmates as referenced in Penal Code Section 3407. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3223 Modoc County CH PRO 20-22 - 3 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) Security and control including physical counts of 501 - Inmate Counts inmates, searches of the facility and inmates, contraband 502.4 Searches Before Admission control, and key control. Each facility administrator shall, 009 Jail Cleanliness, building maintenance at least annually, review, evaluate, and make a record of 010 Key Control security measures. The review and evaluation shall 011 Jail Searches include internal and external security measures of the facility including security measures specific to prevention 103.3.3 Custody Manual-Internal and external of sexual abuse and sexual harassment. security measures review. Issued 9/17/19 106 - Annual Facility Inspection 606-606.13 PREA 310.2 PREA training PREA Pamphlet Inmate Orientation Manual In November of 2020, Undersheriff Scott Withrow created new policies, updated their Inmate Orientation Manual, developed a PREA ☒ ☐ ☐ pamphlet, and posted PREA flyers throughout the jail and court holding. Undersheriff Withrow also provided BSCC staff with a memo stating he completed the courthouse and the jail's annual review. The agency also implemented training for staff that includes measures specific to the prevention of sexual abuse and harassment. After reviewing the documentation and memo from Undersheriff Withrow, BSCC staff determined the agency is compliant with this regulation. The court deputy documents all persons incarcerated who are escorted to the courthouse. (7) Emergency procedures include: ☒ ☐ ☐ (A) fire suppression preplan as required by section 400 - Facility Emergencies ☒ ☐ ☐ 1032 of these regulations; 035 – Emergency Plans and Procedures (B) escape, disturbances, and the taking of hostages; 400 - Facility Emergencies 029 Inmate Escape ☒ ☐ ☐ 031 Jail Disturbances/Riots 030 Hostage Situation (C) mass arrests; 400 Facility Emergencies ☒ ☐ ☐ 400.10 Civil Disturbances Outside of the Jail (D) natural disasters; 400 - Facility Emergencies ☒ ☐ ☐ 034 Natural Disasters (E) periodic testing of emergency equipment; and, 009 Jail Cleanliness, Building and Equipment ☒ ☐ ☐ Maintenance (009-02) (F) storage, issue, and use of weapons, ammunition, 400 - Facility Emergencies chemical agents, and related security devices. 508 - Management of Weapons and Control ☒ ☐ ☐ Devices 015 Weapons 3223 Modoc County CH PRO 20-22 - 4 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Suicide Prevention. 724 Suicide Prevention and Intervention 724.3 Suicide Prevention Team ☒ ☐ ☐ "Review of suicides and suicide attempts." 724.7.1 Debriefing (9) Segregation of Inmates. 036 – Inmate Classification 053 – Court Holding Facility ☒ ☐ ☐ 502 – Inmate Reception 600.4.3 Administrative Segregation Housing (10) Zero tolerance in the prevention of sexual abuse and 103.3.3 Custody Manual-Internal and external sexual harassment. security measures review. Issued 9/17/19 606-606.13 PREA 310.2 PREA training. Inmate Orientation Manual The agency created a new policy and procedure manual, an Inmate Orientation Manual, and a PREA pamphlet. The Inmate Orientation Manual explains how persons incarcerated can confidentially report sexual abuse and sexual harassment. All persons incarcerated are given the Inmate Orientation Manual during the booking process. ☒ ☐ ☐ The agency also implemented training for staff that includes measures specific to the prevention of sexual abuse and harassment to comply with this regulation. The agency has placed signage throughout the jail and court holding on how to report sexual abuse and harassment. After reviewing the documentation, BSCC staff determined the agency is compliant with this regulation. 3223 Modoc County CH PRO 20-22 - 5 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (11) Policy and procedure to detect, prevent, and respond 606-606.13 PREA to retaliation against any staff or inmate after reporting 310.2 PREA training any abuse. 606.5 Retaliation Inmate Orientation Manual The agency created a new policy and procedure manual, an Inmate Orientation Manual, and a PREA pamphlet. The Inmate Orientation Manual explains how persons incarcerated can confidentially report sexual abuse and sexual harassment. All persons incarcerated are given the Inmate Orientation Manual during the booking process. The agency also implemented training for staff that includes measures specific to the prevention ☒ ☐ ☐ of sexual abuse and harassment to comply with this regulation. The agency's policy states, protective measures, including housing changes, transfers, removal of alleged abusers from contact with victims, administrative reassignment, or reassignment of the victim or alleged perpetrator to another housing area, and support services for inmates or staff who fear retaliation, shall be utilized (28 CFR 115.67; 15 CCR 1029). After reviewing the documentation, BSCC staff determined the agency is compliant with this regulation. (b) The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure ☒ ☐ ☐ confidentiality. (c) The manual for court holding facilities shall include all 053 – Court Holding Facility of the procedures listed in subsection (a), except number (5) ☒ ☐ ☐ (which has been deleted). (e) The manual for Temporary Holding, Court Holding, 053 – Court Holding Facility Type I, II, III, and IV facilities shall provide for, but not be ☒ ☐ ☐ limited to, the following: 3223 Modoc County CH PRO 20-22 - 6 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) multiple internal ways for inmates to privately report 606.4 Reporting sexual abuse 606-606.13 PREA sexual abuse and sexual harassment, retaliation by other 310.2 PREA Training inmates or staff for reporting sexual abuse and sexual Inmate Orientation Manual harassment, and staff neglect or violation of responsibilities that may have contributed to such The agency created a new policy and procedure incidents, manual, an Inmate Orientation Manual, and a PREA pamphlet for compliance with this regulation. The agency created a new policy and procedure manual, Inmate Orientation process, PREA pamphlets. The inmate Orientation Manual explains how persons incarcerated can ☒ ☐ ☐ confidentially report sexual abuse and sexual harassment. The agency also implemented training for staff that includes measures specific to the prevention of sexual abuse and harassment. After reviewing the documentation, BSCC staff determined the agency is compliant with this regulation. (2) a method for uninvolved inmates, family, 606.4 Reporting sexual abuse community members, and other interested third-parties 606.13 PREA to report sexual abuse or sexual harassment. The 310.2 PREA Training method for reporting shall be publicly posted at the Inmate Orientation Manual facility. The agency created a new policy and procedure manual, an Inmate Orientation Manual, and a PREA pamphlet for compliance with this regulation. The agency also implemented training for staff that includes measures specific to the prevention of sexual abuse and harassment. The agency has placed signs throughout the ☒ ☐ ☐ facility and in the jail's lobby for the public to report and have a method of reporting sexual abuse or sexual harassment. After reviewing the documentation, BSCC staff determined the agency is compliant with this regulation. BSCC Staff provided technical assistance to the agency by suggesting they may want to add a link or information on their webpage on how the public can report sexual abuse or sexual harassment for persons incarcerated. 3223 Modoc County CH PRO 20-22 - 7 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1030 SUICIDE PREVENTION PROGRAM 053 – Court Holding Facility 724 Suicide Prevention and Intervention The facility shall have a comprehensive written suicide 724.3 Suicide Prevention Team prevention program developed by the facility administrator, ☒ ☐ ☐ 724.7.1 Debriefing 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 724 Suicide Prevention and Intervention contact with inmates. The agency provided their Supplemental Core ☒ ☐ ☐ Course Training roster for Law Enforcement staff who work in the jail and courthouse. (b) Intake screening for suicide risk immediately upon intake 039 – Suicide Prevention ☒ ☐ ☐ and prior to housing assignment. (c) Provisions facilitating communication among 053 – Court Holding Facility arresting/transporting officers, facility staff, medical and 724 Suicide Prevention and Intervention mental health personnel in relation to suicide risk. 724.3 Suicide Prevention Team 724.7.1 Debriefing ☒ ☐ ☐ Persons who are remanded to custody are taken to the jail for the booking and intake screen process. (d) Housing recommendations for inmates at risk of suicide. 053 – Court Holding Facility 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team 724.7.1 Debriefing (e) Supervision depending on level of suicide risk. 053 – Court Holding Facility 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team 24.7.1 Debriefing (f) Suicide attempt and suicide intervention policies and 053 – Court Holding Facility procedures. 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team 724.7.1 Debriefing (g) Provisions for reporting suicides and suicides attempts. 053 – Court Holding Facility 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team 724.7.1 Debriefing (h) Multi-disciplinary administrative review of suicides and 053 – Court Holding Facility attempted suicides as defined by the facility administrator. 724 Suicide Prevention and Intervention ☒ ☐ ☐ 724.3 Suicide Prevention Team "Review of suicides and suicide attempts." 724.7.1 Debriefing 1032 FIRE SUPPRESSION PREPLANNING 400 - Facility Emergencies 035 Emergency Plans and Procedures 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: 3223 Modoc County CH PRO 20-22 - 8 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) a fire suppression pre-plan developed with the local fire 400 - Facility Emergencies department to be included as part of the policy and procedures 035 Emergency Plans and Procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 009 – Jail Cleanliness, Building and Equipment monthly basis with two year retention of the inspection Maintenance (Section 009-02) record; ☒ ☐ ☐ The bailiff assigned to courts conducts this during his normal duties. (c) fire prevention inspections as required by Health and 400 - Facility Emergencies Safety Code Section 13146.1(a) and (b) which requires 035 Emergency Plans and Procedures inspections at least once every two years; ☒ ☐ ☐ Date of last fire inspection: 04/16/19 (d) an evacuation plan; and, 400 - Facility Emergencies ☒ ☐ ☐ 035 Emergency Plans and Procedures (e) a plan for the emergency housing of inmates in the case of 400 - Facility Emergencies fire. 035 Emergency Plans and Procedures ☒ ☐ ☐ In the event of an evacuation, persons incarcerated are escorted back to the jail. 1044 INCIDENT REPORTS 014 – Incident Reporting Each facility administrator shall develop written policies and No incident reports were written within the procedures for the maintenance of written records and ☒ ☐ ☐ Court Holding Facility during this inspection reporting of all incidents which result in physical harm, or cycle. All reports are generally written by jail serious threat of physical harm, to an employee or inmate of staff. a detention facility or other person. Such records shall include the names of the persons 014 – Incident Reporting 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 014 – Incident Reporting to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 3223 Modoc County CH PRO 20-22 - 9 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY 725 Inmate Death – Clinical Care Review 725.7 Death Review (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health After reviewing the agency's policy for Death in administrator, shall develop written policy and procedures to Custody Reviews, BSCC staff determined the ensure that there is an initial review of every in-custody death agency is compliant with this regulation. within 30 days. The review team shall include the facility administrator and/or the facility manager, the health The agency's policy also states a psychological administrator, the responsible physician and other health care autopsy should be conducted by a qualified and supervision staff who are relevant to the incident. mental health care professional if the cause of ☒ ☐ ☐ death is determined to be a suicide. The definition in the agency policy for a Psychological autopsy states "A written reconstruction of an inmate's life with an emphasis on factors that may have contributed to his/her death. This is sometimes referred to as a psychological reconstruction and is usually conducted by a psychologist or other qualified mental health care professional." Deaths shall be reviewed to determine the appropriateness of 725 Inmate Death – Clinical Care Review clinical care; whether changes to policies, procedures, or practices are warranted; and to identify issues that require After reviewing the agency's policy for Death in further study. ☒ ☐ ☐ Custody Reviews, BSCC staff determined the agency is compliant with this regulation. (b) Death of a Minor Minors are held at this facility In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Minors are not held at this facility Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A ☐ ☐ ☒ copy of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the Minors are not held at this facility administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter. ☐ ☐ ☒ Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 036 – Inmate Classification (b) Each administrator of a court holding facility shall Classification screening for court remands is establish and implement a written plan designed to provide conducted at the jail. for the safety of staff and inmates held at the facility. The plan shall include receiving and transmitting of information ☒ ☐ ☐ The agency provided a sampling of classification regarding inmates who represent unusual risk or hazard screening reviews. During the review, BSCC while confined at the facility, and the segregation of such staff determined the agency is compliant with the inmates to the extent possible within the limits of the court requirements of this regulation. The reports holding facility. documented the necessary information required by these regulations. 3223 Modoc County CH PRO 20-22 - 10 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding whether to assign an inmate to a housing area 036 – Inmate Classification 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 041 – Medical Procedures/Administering Prescriptions The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed At the time of intake into the facility, an inquiry shall be 715 - 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 020 Accepting Prisoners 033 Developmentally Disabled Prisoners The facility administrator, in cooperation with the 039 Suicide Prevention responsible physician, shall develop written policies and ☒ ☐ ☐ procedures to identify and evaluate all mentally disordered Persons who are remanded to custody are taken inmates, and may include telehealth. to the jail for the booking and intake screening process. If an evaluation from medical or mental health staff is not 711 - Medical Screening readily available, an inmate shall be considered mentally 712 - Mental Health Services disordered for the purpose of this section if he or she appears 020 Accepting Prisoners to be a danger to himself/herself or others or if he/she 033 Developmentally Disabled Prisoners appears gravely disabled. 039 Suicide Prevention An evaluation from medical or mental health staff shall be The agency policy essentially states a medical secured within 24 hours of identification or at the next daily screening is performed on all persons upon sick call, whichever is earliest. arrival at the intake area to ensure that existing, ☒ ☐ ☐ emergent, and urgent health care, dental, or mental health needs are identified and risks are assessed. The agency's policy also states that if a person is suspected of being developmentally disabled the Far Northern Regional Center in Redding, California will be contacted within twenty-four (24) hours, excluding weekends and holidays, for the purpose of diagnosis treatment. 3223 Modoc County CH PRO 20-22 - 11 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary to protect the safety of 711 - Medical Screening the inmate or others. 020 Accepting Prisoners 033 Developmentally Disabled Prisoners 039 Suicide Prevention ☒ ☐ ☐ The agency's policies have provisions to provide separate and appropriate housing away from the general population for the safety of persons incarcerated. 1053 ADMINISTRATIVE SEGREGATION 036 – Inmate Classification 502 – Inmate Reception Except in Type IV facilities, each facility administrator shall 600.4.3 Administrative Segregation Housing develop written policies and procedures which provide for 053 – Court Holding Facility the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that Due to the national pandemic and the reduction is criminal in nature or disruptive to facility operations; in court cases, persons incarcerated are generally demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ walked to the courthouse when it is time for their court case. 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 036 – Inmate Classification secure housing but shall not involve any other deprivation of 502 – Inmate Reception privileges than is necessary to obtain the objective of 600.4.3 Administrative Segregation Housing protecting the inmates and staff. ☒ ☐ ☐ It is the policy of this agency that persons incarcerated who are housed in Administrative Segregation will be provided equal living conditions and privileges of the general population. 3223 Modoc County CH PRO 20-22 - 12 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED 053 – Court Holding Facility INMATES 711 - Medical Screening 020 Accepting Prisoners The facility administrator, in cooperation with the 033 Developmentally Disabled Prisoners responsible physician, shall develop written policies and Inmate Orientation Manual procedures for the identification and evaluation, appropriate classification and housing, protection, and Persons who are remanded to custody are taken nondiscrimination of all developmentally disabled inmates. to the jail for the booking and intake screening process. The agency policy essentially states a medical screening is performed on all persons upon arrival at the intake area to ensure that existing, ☒ ☐ ☐ emergent, and urgent health care, dental or mental health needs are identified, and risks are assessed. The agency's policy also states that if a person is suspected of being developmentally disabled the Far Northern Regional Center in Redding, California will be contacted within twenty-four (24) hours, excluding weekends and holidays, for the purpose of diagnosis treatment. The agency's Inmate Orientation Manual section XXIII Americans with Disabilities Act has information for persons incarcerated. The health authority or designee shall contact the regional 053 – Court Holding Facility center on any inmate suspected or confirmed to be 711 - Medical Screening developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ 020 Accepting Prisoners and/or treatment within 24 hours of such determination, 033 Developmentally Disabled Prisoners excluding holidays and weekends. Inmate Orientation Manual 1058 USE OF RESTRAINT DEVICES 037 – Use of Force MCSOCM Policy 513 Use of Restraints The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices and may delegate Restraints, as defined by this regulation, are not authority to place an inmate in restraints to a responsible utilized in this facility health care staff. In addition to the areas specifically outlined ☒ ☐ ☐ in this regulation, at a minimum, the policy shall address the following areas: acceptable restraint devices; signs or symptoms which should result in immediate medical/mental health referral; availability of cardiopulmonary resuscitation equipment; protective housing of restrained persons; provision for hydration and sanitation needs; and exercising of extremities. 3223 Modoc County CH PRO 20-22 - 13 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 705 Health Care for Pregnant Inmates 705.2.1 Advisement and Counseling The facility administrator, in cooperation with the responsible physician, shall develop written policies and Due to the national pandemic and the reduction procedures for the use of restraint devices on pregnant in court cases, persons incarcerated are generally ☒ ☐ ☐ inmates. In accordance with Penal Code 3407 the policy walked to the courthouse when it is time for their shall include reference to the following: court case. Pregnant persons incarcerated are informed of the requirements of this regulation at the jail. (1) An inmate known to be pregnant or in recovery after 705 Health Care for Pregnant Inmates delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ 705.2.1 Advisement and Counseling waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in 705 Health Care for Pregnant Inmates recovery after delivery, shall not be restrained by the 705.2.1 Advisement and Counseling ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. 3223 Modoc County CH PRO 20-22 - 14 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional 705 Health Care for Pregnant Inmates who is currently responsible for the medical care of a 705.2.1 Advisement and Counseling 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 705 Health Care for Pregnant Inmates shall be advised, orally or in writing, of the standards 705.2.1 Advisement and Counseling and policies governing pregnant inmates. After reviewing the agency's policy and ☒ ☐ ☐ conducting interviews with staff, BSCC staff determined the agency is compliant with this regulation. 1068 ACCESS TO COURTS 053 – Court Holding Facility 042 – Rules for Prisoners The facility administrator shall develop written policies and ☒ ☐ ☐ 044 – Inmate Correspondence procedures to ensure inmates have access to the court and to Inmate Orientation Manual legal counsel. Such access shall consist of: 1009 Inmate Mail (a) unlimited mail as provided in Section 1063 of these 044 – Inmate Correspondence regulations, and, 042 – Rules for Prisoners ☒ ☐ ☐ 044 – Inmate Correspondence Inmate Orientation Manual 1009 Inmate Mail (b) confidential consultation with attorneys. 053 – Court Holding Facility 042 – Rules for Prisoners ☒ ☐ ☐ 044 – Inmate Correspondence Inmate Orientation Manual 1009 Inmate Mail DETENTION OF MINORS Are minors held in this facility? If yes, the following Minors are not held in this facility. The probation sections, including those summarized in Title 15, Article 10, department's staff are responsible for minors ☐ ☐ ☒ apply (Minors in Court Holding Facilities.) brought to court. 1122.5 PREGNANT MINORS (a) The health administrator, in cooperation with the facility ☐ ☐ ☒ administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☐ ☒ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the minor, the staff, or the public. 3223 Modoc County CH PRO 20-22 - 15 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, delivery, or ☐ ☐ ☒ recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, she shall be advised, orally or in writing, of the standards and ☐ ☐ ☒ policies governing pregnant minors. 1161 CONDITIONS OF DETENTION Court holding facilities shall be designed to provide the following: (a) Separation of minors from adults in accordance with ☐ ☐ ☒ Section 208 of the Welfare and Institutions Code. (b) Segregation of minors in accordance with an established ☐ ☐ ☒ classification plan. (c) Secure non-public access, movement within and egress. If the same entrance/exit is used by both minors and adults, ☐ ☐ ☒ movements shall be scheduled in such a manner that there is no opportunity for contact. An existing court holding facility built in accordance with construction standards at the time of construction shall be considered as being in compliance with this article unless the condition of the structure is determined by the appropriate authority to be dangerous to life, health, or welfare of ☐ ☐ ☒ minors. Upon notification of noncompliance with this section, the facility administrator shall develop and submit a plan for corrective action to the Corrections Standards Authority within 90 days. 1162 SUPERVISION OF MINORS A sufficient number of personnel shall be employed in each facility to permit unscheduled safety checks of all minors at ☐ ☐ ☒ least twice every 30 minutes, and to ensure the implementation and operation of the activities required by these regulations. There shall be a written plan that includes the documentation of safety checks. 1163 CLASSIFICATION The administrator of a court holding facility shall establish and implement a written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include receiving and transmitting of information regarding ☐ ☐ ☒ minors who represent a risk or hazard to self or others while confined at the facility, and the segregation of such minors to the extent possible within the limits of the court holding facility, and for the separation of minors from any adult inmate(s) as required by Section 208 of the Welfare and Institutions Code. 3223 Modoc County CH PRO 20-22 - 16 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION 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. 3223 Modoc County CH PRO 20-22 - 17 - A350 CH PRO eff. 01.01.19 (18/20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001; 2005; 2008; 2010, 2013, 2017 BSCC Code: 3223 FACILITY NAME: Modoc Court Holding Facility FACILITY TYPE: CH 6/94: ☐ 2/99: ☐ 2001: ☐ 2005: ☐ 2008: ☐ 2010: ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☐ 2017: ☐ 1988: ☒ ☐ ☐ FIELD REPRESENTATIVE: Steven Wicklander DATE: 4/8/2021 TITLE 24 SECTION YES NO N/A COMMENTS The design of court holding and temporary holding facilities shall include the following required spaces from Sections 1231.2.2, 1231.2.19, 1231.2.20, 1231.2.21, 1231.2.22, 1231.2.24 and 1231.2.26. 1231.2.2 Temporary holding cell or room. Previous notes: We were advised that the court A temporary holding cell or room shall: holding cell was constructed when the Robert A. ☒ ☐ ☐ 1. Contain a minimum of 10 square feet (0.93 m2) of Barclay Justice Center building was refurbished in floor area per inmate; 1993 2. Be limited to no more than 16 inmates; ☒ ☐ ☐ 3. Be no smaller than 40 square feet (3.7 m2) and have a ☒ ☐ ☐ clear ceiling height of 8 feet (2438 mm) or more; 4. Contain seating to accommodate all inmates as ☒ ☐ ☐ required in Section 1231.3; 5. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; 6. Maximize visual supervision of inmates by staff; and ☒ ☐ ☐ 7. When located in a temporary holding facility, the cell This is a temporary holding facility. Persons or room shall be equipped with a bunk if inmates are to incarcerated are only held for a short duration and be held longer than 12 hours. routinely escorted from the jail to the room. ☐ ☐ ☒ 3223 Modoc County CH PHY 20-22 - 1 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.19 Safety equipment storage. A secure area shall be provided for the storage of safety equipment such as fire extinguishers, self-contained breathing apparatus, wire and barcutters, emergency lights, etc.. ☒ ☐ ☐ 1231.2.20 Janitors’ closet. In Type II facilities, at least one securely lockable janitors’ closet with sufficient area for the storage of cleaning implements and supplies must be provided within the security areas of the facility ☒ ☐ ☐ 3223 Modoc County CH PHY 20-22 - 2 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS A mop sink shall also be available within the security area of the facility. In court holding, temporary holding, Types I, III and IV facilities, the closet need not be in the security area. ☒ ☐ ☐ 1231.2.21 Storage rooms. One or more storage rooms shall be provided to accommodate a minimum of 80 cubic feet (2.3 m3) of storage area per inmate for inmate clothing and personal property, ☐ ☐ ☒ institutional clothing, bedding and supplies. Court holding, temporary holding and Type I facilities may be excluded from the storage space requirement for personal and institutional clothing unless clothing is issued. 1231.2.22 Audio monitoring system. In court holding, temporary holding, Type I, Type II and Type II facilities there shall be an inmate- or sound-actuated audio monitoring system in temporary holding cells or rooms, temporary staging cells or rooms, sobering cells, ☒ ☐ ☐ safety cells, single and double occupancy cells, dormitories, dayrooms, exercise areas and correctional program/multipurpose space, which is capable of alerting personnel who can respond immediately. 1231.2.24 Emergency power. There shall be a source of emergency power in all detention facilities capable of providing minimal lighting in all housing ☒ ☐ ☐ units, activities areas, corridors, stairs and central control points, and to maintain fire and life safety, security, communications and alarm systems. Such an emergency power source shall conform to the requirements specified in Title 24, Part 3, Article 700, ☒ ☐ ☐ California Electrical Code, California Code of Regulations. 1231.2.26 Attorney interview space. All facilities except Type IV facilities shall include attorney ☒ ☐ ☐ interview areas which provide for confidential consultation with inmates. 1231.3.1 Toilets/urinals. In temporary holding cells and temporary staging cells ☒ ☐ ☐ toilets/urinals must be provided in a ratio to inmates of 1:16. One urinal or 2 feet (610 mm) of urinal trough may be substituted for each toilet up to one third of the total number ☐ ☐ ☒ of toilets required, except in those facilities or portions thereof used for females. 3223 Modoc County CH PHY 20-22 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS Toilet areas shall provide modesty for inmates with staff ☒ ☐ ☐ being able to visually supervise. 1231.3.2 Wash basins. In temporary holding cells and temporary staging cells, wash ☒ ☐ ☐ basins must be provided in a ratio to inmates of 1:16. Wash basins must be provided with hot and cold or tempered ☒ ☐ ☐ water. Two feet (610 mm) of wash basin trough may be substituted ☐ ☐ ☒ for each basin required. 1231.3.3 Drinking fountains. There must be a minimum of one drinking fountain in every single-occupancy cell, double-occupancy cell, dormitory, ☒ ☐ ☐ temporary holding cell, temporary staging cell, sobering cell, and be accessible to the occupants of day rooms and exercise areas. Additional drinking fountains shall be located in other areas of the facility so that drinking water will be available to ☒ ☐ ☐ inmates and staff. Such drinking fountains must meet the following minimum health requirements: 1. The drinking fountain bubbler shall be on an angle ☒ ☐ ☐ which prevents waste water from flowing over the drinking fountain bubbler. 2. Water flow shall be actuated by mechanical means. ☒ ☐ ☐ 1231.3.6 Lighting. Lighting in housing units, dayrooms and activity areas must be sufficient to permit easy reading by a person with normal ☒ ☐ ☐ vision, and shall not be less than 20 footcandles (215.2 lux) at desk level and in the grooming area. Lighting shall be centrally controlled and/or occupant ☒ ☐ ☐ controlled in housing cells or rooms. Night lighting in these areas shall be sufficient to give good ☐ ☐ ☒ visibility for purposes of supervision In minimum-security areas, lighting may be supplied by ordinary lighting fixtures, and in areas of higher security, ☐ ☐ ☒ light fixtures must be of secure design. 1231.3.10 Seating. In temporary holding and temporary staging cells, seating ☒ ☐ ☐ must be securely fixed to the floor and/or wall. When bench seating is used, 18 inches (457 mm) of bench is ☒ ☐ ☐ seating for one person. 1231.3.12 Weapons locker. 1991 Weapons locker A secure weapons locker shall be located outside the security perimeter of the facility Weapons lockers are located at the jail adjacent to the courthouse. There is no weapons storage area. ☐ ☐ ☒ Person incarcerated are escorted from the jail to the courthouse via the connected sidewalk. The deputy/bailiff retains their weapon at all times. Such weapons lockers shall be equipped with individual ☐ ☐ ☒ compartments, each with an individual locking device. Weapons lockers are required in temporary and court holding ☐ ☐ ☒ facilities and in all facilities of higher than minimum security. 3223 Modoc County CH PHY 20-22 - 4 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS Design Requirements (102(c)6) The courthouse was built before the requirements Design requirements as specified in Title 24, Part 1, 102(c)6 of this regulation. are met. (See regulation for specific requirements. Note ☐ ☐ ☒ areas of non-compliance that are applicable to the facility 1982 type and construction date in the "comments" section.) 1988 3223 Modoc County CH PHY 20-22 - 5 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3223 FACILITY: Modoc County Court Holding Facility TYPE: CH RC: 0 FIELD REPRESENTATIVE: Steven Wicklander DATE: 4/8/2021 ROOMS EACH ROOM EACH CELL FIXTURES* Cell Applicable # Total DIMENSIONS Location Type Standards Cells RC (L x W x H) # Beds RC T U W F S 1 Holding 1988 1 0 (8) (8) 18’ X 7’ X 8’ 1 1 1 Note: 12’ Bench. The bathroom fixtures are porcelain; there is a viewing window into the court to allow ongoing supervision by the bailiff. There is a modesty wall to prevent direct viewing of the toilet area. The cell is rarely used and then only for using the toilet. Inmates are escorted directly from the jail next door. We were advised that the court holding cell was constructed when the Robert A. Barclay Justice Center building was refurbished in 1993. This facility had not been identified or inspected until the 2008 –2010 cycle. The planning for the court refurbishing began in 1988. *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. 3223 Modoc County CH LASE 20-22 - 1 - A360 LAS Adult-05.dot (8/05)