Monterey County, Marina Police Department (2020-2022 inspection cycle)

April 21, 2021 Tina Nieto, Chief of Police Marina Police Department 211 Hillcrest Avenue Marina, CA 93933 2020-2022 BIENNIAL INSPECTION OF MARINA POLICE DEPARTMENT, MARINA POLICE TEMPORARY HOLDING FACILITY, PENAL CODE 6031 Dear Chief Nieto, On April 13, 2021, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Marina Police Department Temporary Holding Facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuit to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards for the facility; the Physical Plant Evaluation outlining Title 24 requirements for design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department 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 Department and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your Department under a separate cover. Each of the local inspections were current. 3315 Monterey Marina THJ LTR 20-22 Chief Nieto Marina Police Department Page 2 Inspection Date Fire and Life Safety December 5, 2019 Medical and Mental Health February 24, 2021 (Health Dept. Directed Self-Inspection) Environmental Health February 24, 2021 (Health Dept. Directed Self-Inspection) Due to the COVID-19 Emergency Measures, Monterey County Health Department has directed all detention facilities in Monterey County to utilize the BSCC Title 15, Environmental Health and Medical/Mental Health checklists to conduct self-inspections of their facilities. The date listed above reflects when the agency submitted the self-conducted inspect to the Monterey County Health Department. BSCC INSPECTION The inspection consisted of a review of the Marina Police’s Department Policy Manual that apply to Temporary Holding Operations of Adults, a site visit to review operations, physical plant and relevant documentation, and interviews with administration and facility staff. Due the COVID-19 Emergency measures, there have not been any arrestees held in the temporary holding facility for over one year. 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 no items of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Corrective Action Plan No areas of non-compliance were noted, and no corrective action required. 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. 3315 Monterey Marina THJ LTR 20-22 Chief Nieto Marina Police Department Page 3 Juvenile Justice and Delinquency Prevention Act Compliance The BSCC monitors local detention facilities for compliance with JJDPA; In 2020, no minors were held beyond the 6-hour limit for secure detention. This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Marina Police Department’s Temporary Holding Facility. We would like to express our gratitude to Commander Eddie Anderson, Sergeant Richard Cox, and Maria Esparza for their assistance. If you should have any questions or need technical assistance, please contact me at (916) 956- 3679 or email at dale.miller@bscc.ca.gov Sincerely, Dale A. Miller Digitally signed by Dale A. Miller Date: 2021.05.10 16:20:48 -07'00' DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: Mayor, City of Marina* City Manager, City of Marina* Presiding Judge, Superior Court, County of Monterey* Grand Jury Foreman, Superior Court, County of Monterey* Sergeant Richard Cox, Marina Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 3315 Monterey Marina THJ LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3315 FACILITY NAME: Marina Police Depart Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sergeant Richard Cox, Commander Eddie Anderson, and Records Supervisor Maria Esparza FIELD REPRESENTATIVE: Dale Miller DATE: April 13, 2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Marina Police Department Manual (MPDM) HOLDING FACILITY TRAINING 900.12 Training Department members responsible for Custodial personnel who supervise inmates in, and supervising adults in temporary custody shall supervisors of, a Court Holding or Temporary Holding complete eight hours of specialized training facility shall complete 8 hours of specialized training. Such within six months of assignment. Such training training shall include, but not be limited to: shall include but not be limited to the following: (a)applicable minimum jail standards; (a)Applicable minimum jail standards (b)jail operations liability; ☒ ☐ ☐ (b)Jail operations liability (c)inmate segregation; (c)Inmate segregation (d) emergency procedures and planning, fire, and life (d)Emergency procedures and planning, fire safety; and, safety, and life safety. (e)suicide prevention. (e)Suicide prevention Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, All sworn staff and community service officers the number of inmates, the employees' level of experience had received the training in January 2020. and training, and other relevant factors Such training shall be completed as soon as practical, but in 900.12 Training any event not more than six months after the date of assigned Department members responsible for responsibility, or the effective date of this regulation. supervising adults in temporary custody shall Successful completion of Core training or supplemental ☒ ☐ ☐ complete the Corrections Officer Core Course Core training, pursuant to Section 1020, Corrections Officer or eight hours of specialized training within six Core Course, may be substituted for the initial eight hours of months training. Eight hours of refresher training shall be completed once 900.12 Training every two years. Successful completion of the requirements Eight hours of refresher training shall be ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be completed once every two years. substituted for the eight-hour refresher. 1027 NUMBER OF PERSONNEL 900.3.3 Staffing Plan The plan should ensure that at least one member A sufficient number of personnel shall be employed in each who meets the training standards established by local detention facility to ensure the implementation and the BSCC. operation of the programs and activities required by these ☒ ☐ ☐ regulations. All sworn personnel have are trained. If an arrestee is detained in the facility, the arresting officer stays in the facility unless relieved by a qualified officer. 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. 3315 Monterey Marina City THJ PRO 20-22 -1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900.3.2 Supervision in Temporary Custody least one employee on duty at all times in a local detention An authorized department member capable of facility or in the building which houses a local detention ☒ ☐ ☐ supervising shall be present at all times when an facility who shall be immediately available and accessible to individual is held in temporary custody. inmates in the event of an emergency. Such an employee shall not have any other duties which 900.3.2 Supervision in Temporary Custody would conflict with the supervision and care of inmates in The member responsible for supervising should ☒ ☐ ☐ the event of an emergency. not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more female inmates are in custody, there 900.3.2 Supervision in Temporary Custody shall be at least one female employee who shall be At least one female department member should immediately available and accessible to such females. be present when a female adult is in temporary Note: Reference PC§ 4021. custody. In the event that none is readily available, the female in custody should be ☒ ☐ ☐ transported to another facility or released pursuant to another lawful process. There are currently 6 trained female staff members available to assist if a female arrestee is placed in the holding facility. To determine if there is a sufficient number of personnel for The Chief of Police and command staff a specific facility, the facility administrator shall prepare and annually review the staffing of the police retain a staffing plan indicating the personnel assigned in the department and submit staffing requirements to facility and their duties. Such a staffing plan shall be the City Council along with budget requests. ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and BSCC Staff reviewed agency staffing and recommendations shall be reported to the local jurisdiction assignments. Staffing appears adequate for this having fiscal responsibility for the facility. facility. 1027.5 SAFETY CHECKS 900.8 Holding Cells (e)Safety checks by department members shall Safety checks shall be conducted at least hourly through occur no less than every 15 minutes. direct visual observation of all inmates. There shall be no ☒ ☐ ☐ Due to COVID-19 emergency measures, only 3 more than a 60-minute lapse between safety checks. arrestees have been held in the facility since January 2020. BSCC reviewed all logs and verified the checks met the state’s requirements. There is a written plan that includes the documentation of 900.8 Holding Cells ☒ ☐ ☐ routine safety checks. (e)2. All safety checks shall be logged. 1028 FIRE AND LIFE SAFETY STAFF 900.33 Staffing Plan The plan ensures that at least one member who Whenever there is an inmate in custody, there shall be at meets the training standards established by the least one person on duty at all times who meets the training ☒ ☐ ☐ BSCC for general fire- and life-safety and is standards established by the BSCC for general fire and life trained in fire- and life-safety procedures safety. (Penal Code section 6030[e]) relating specifically to the facility is on-duty at all times. The facility manager shall ensure that there is at least one All personnel receive this training every two person on duty who trained in fire and life safety procedures years. that relate specifically to the facility. ☒ ☐ ☐ 3315 Monterey Marina City THJ PRO 20-22 -2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Marina Police Department Manual (MPDM) Chapter 9 – Custody is used as the temporary Facility administrator(s) shall develop and publish a manual holding facility manual. In addition, other of policy and procedures for the facility. The policy and sections of the MPDM are used to ensure procedures manual shall address all applicable Title 15 and compliance with Title 15. The MPDM was last Title 24 regulations and shall be comprehensively reviewed reviewed and updated July 1, 2020 and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of 200 Organizational Structure and Responsibility ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. 900.11 (m) Inspections and operations reviews (3)Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4)Policy on the use of restraint equipment, including the 306.3 Use of Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 306.3.4 Restraint of Pregnant Persons Section 3407. (5) Procedure and criteria for screening newly received 420 Cite and Release Policy 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, ☒ ☐ ☐ 900.8 Holding Cells (B) searches of the facility and inmates, ☒ ☐ ☐ 902 Custodial Searches (C) contraband control, and, ☒ ☐ ☐ 900.8 Holding Cells (D) key control. ☒ ☐ ☐ 900.11 Assigned Administrator Each facility administrator shall, at least annually, review, 900.11 Assigned Administrator evaluate, and make a record of security measures. The review Annual review and evaluation of security and evaluation shall include internal and external security measures including internal and external measures of the facility including security measures specific security measures, sanitation, safety, and ☐ ☐ ☐ to prevention of sexual abuse and sexual harassment. maintenance. BSCC Staff received and reviewed the Administrator’s Annual Security Review dated February 9, 2021. (7)Emergency procedures include: 900.11 Assigned Administrator (A)fire suppression preplans as required by section ☒ ☐ ☐ 900.11 (g) Fire and life safety, including a fire 1032 of these regulations; suppression pre-plan (B)escape, disturbances, and the taking of hostages; 900.11 (e) Escape ☒ ☐ ☐ 900.11 (j) Civil and other disturbances including hostage situations (C)mass arrests; ☒ ☐ ☐ (D)natural disasters; ☒ ☐ ☐ 900.11 (h) Disaster Plans 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3315 Monterey Marina City THJ PRO 20-22 -3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (E)periodic testing of emergency equipment; and, 900.11 (k) Periodic testing of emergency ☒ ☐ ☐ equipment (F)storage, issue, and use of weapons, ammunition, 900.5.7 Firearms and Other Security Measures ☒ ☐ ☐ chemical agents, and related security devices. (8)Suicide Prevention. 900.3.1 Individuals Who Should Not Be In ☒ ☐ ☐ Temporary Custody (9)Segregation of Inmates. ☒ ☐ ☐ 900.4.1 Screening and Placement (10)Zero tolerance in the prevention of sexual abuse and 904 Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11)Policy and procedure to detect, prevent, and respond 904 Prison Rape Elimination to retaliation against any staff or inmate after reporting ☒ ☐ ☐ 1059 Anti-Retaliation any abuse. (e) The manual for Temporary Holding, Court Holding, 904 Prison Rape Elimination Type I, II, III, and IV facilities shall provide for, but not be 904.4 Reporting Sexual Abuse, Harassment, limited to, the following: and Retaliation (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ Reporting sexual assault or harassment is inmates or staff for reporting sexual abuse and sexual posted and available to arrestees in the harassment, and staff neglect or violation of Temporary Holding Facility. responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, 904.4 Reporting Sexual Abuse, Harassment, community members, and other interested third-parties and Retaliation to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the Reporting sexual assault or harassment is facility. posted in the lobby of the Public Safety facility and available to family and public. 1030 SUICIDE PREVENTION PROGRAM 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility shall have a comprehensive written suicide Should be transported to a jail facility, a prevention program developed by the facility administrator, medical facility, or another type of facility as ☒ ☐ ☐ in conjunction with the health authority and mental health appropriate. director, to identify, monitor, and provide treatment to those (d)Individuals who are a suspected suicide risk inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct 900.12 Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon Marina Police Officers use the Monterey intake and prior to housing assignment. ☒ ☐ ☐ County Jail’s screening questionnaire which include suicide risk questions. (c) Provisions facilitating communication among 900.10 Release and/or Transfer arresting/transporting officers, facility staff, medical and Department member transporting the individual ☒ ☐ ☐ mental health personnel in relation to suicide risk. shall ensure such risks are communicated to intake personnel at the other facility. (d)Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ Transport to appropriate facility (e)Supervision depending on level of suicide risk. The officer shall ensure continuous direct ☒ ☐ ☐ supervision until evaluation, release, or a transfer to an appropriate facility is completed. (f) Suicide attempt and suicide intervention policies and 465 Crisis Intervention Incidents ☒ ☐ ☐ procedures. (g)Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ 900.9 Suicide Attempt, Death, or Serious Injury (h)Multi-disciplinary administrative review of suicides and 900.9 Suicide Attempt, Death, or Serious Injury attempted suicides as defined by the facility ☒ ☐ ☐ (h)In-custody death reviews administrator. 3315 Monterey Marina City THJ PRO 20-22 -4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING The Marina Police Department and temporary holding area are co-located with the Marina Fire Department in the Public Safety Headquarters. 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 900.11 Assigned Administrator department to be included as part of the policy and procedures 900.11(g) Fire-and-Life Safety ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a BSCC Staff requested and reviewed 2 years of monthly basis with two-year retention of the inspection ☒ ☐ ☐ fire prevention inspections completed by the record; holding facilities supervisor. (c) fire prevention inspections as required by Health and The Marina City Fire Department completed Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspection on December 5, 2019. inspections at least once every two years; (d)an evacuation plan; and, ☒ ☐ ☐ Evacuation routes are posted in the facility. (e)a plan for the emergency housing of inmates in the case of All are released or transported to the county jail ☒ ☐ ☐ fire. 1044 INCIDENT REPORTS 344 Report Preparation Each facility administrator shall develop written policies and Due to COVID-19 Emergency Restrictions, procedures for the maintenance of written records and ☒ ☐ ☐ there were only three persons temporarily held reporting of all incidents which result in physical harm, or in the facility since January 2020. There were serious threat of physical harm, to an employee or inmate of no incidents involving those arrestees. a detention facility or other person. Such records shall include the names of the persons involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY 900.9 Suicide Attempt, Death, or Serious Injury The Operations Division Commander will (a)Death in Custody Reviews for Adults and Minors. ensure procedures are in place to address any suicide attempt, death, or serious injury of any The facility administrator, in cooperation with the health individual in temporary custody at the Marina administrator, shall develop written policy and procedures ☒ ☐ ☐ Police Department to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the 900.9 (h) In-custody death reviews (15 CCR facility administrator and/or the facility manager, the health 1046) administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b)Death of a Minor 324.7.2 Death of a Juvenile While Detained 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 324.7.2 (a) The Chief of Police or his or her Board a copy of the report submitted to the Attorney designee shall provide to the California a copy General under Government Code Section 12525. A copy of the report submitted to the Attorney General ☒ ☐ ☐ of the report shall be submitted within 10 calendar days under Government Code § 12525. A copy of after the death. the report shall be submitted to the BSCC within ten calendar days after the death. 3315 Monterey Marina City THJ PRO 20-22 -5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2)Upon receipt of a report of death of a minor from the 324.7.2 (b) Upon receipt of a report of death of administrator, the Board may within 30 calendar days a juvenile from the Chief of Police or his or her inspect and evaluate the jail, lockup, or court holding designee, the BSCC may within 30 calendar ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any days inspect and evaluate the juvenile facility, inquiry made by the Board shall be limited to the jail, lockup, or court holding. standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.4.1 Screening and Placement 900.4.1 (d) Ensure separation, as appropriate, (a)Each administrator of a temporary holding, Type I, II, or based on other factors, such as age, criminal III facility shall develop and implement a written sophistication, assaultive/non-assaultive classification plan designed to properly assign inmates to behavior, mental state, disabilities, and sexual housing units and activities according to the categories of sex, orientation. age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive In practice, this facility has one cell that can behavior, risk of being sexually abused, or sexually harassed hold up to five arrestees. If an arrestee requires and other criteria which will provide for the safety of the separation under the classification plan and the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be cell is occupied, other arrestees are transported accomplished to the extent possible within the limits of the to county jail. 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. (Subsection b does not apply and has been deleted.) (c)In deciding whether to assign an inmate to a housing area for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the 900.3.1 (h) Any individual who claims to have, responsible physician, shall develop written policies and ☒ ☐ ☐ is known to be afflicted with, or displays procedures specifying those symptoms that require symptoms of any communicable disease that segregation of an inmate until a medical evaluation is poses an unreasonable exposure risk. completed. 1016 Communicable Diseases At the time of intake into the facility, an inquiry shall be The Marina Police Department officers use the made of the person being booked as to whether or not he/she Monterey County Jail screening questionnaire has or has had any communicable diseases, such as which includes questions regarding symptoms tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ and exposure to communicable diseases. 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 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. 3315 Monterey Marina City THJ PRO 20-22 -6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If an evaluation from medical or mental health staff is not 900.3 General Criteria and Supervision readily available, an inmate shall be considered mentally No adult should be in temporary custody for disordered for the purpose of this section if he or she appears longer than six hours to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary, to protect the safety Transported to a jail facility, a medical facility, ☒ ☐ ☐ of the inmate or others. or another type of facility as appropriate. 1053 ADMINISTRATIVE SEGREGATION 900.4.1 Screening and Placement 900.4.1 (d) Ensure separation, as appropriate, Except in Type IV facilities, each facility administrator shall based on other factors, such as age, criminal develop written policies and procedures which provide for sophistication, assaultive/non-assaultive the administrative segregation of inmates who are behavior, mental state, disabilities, and sexual determined to be prone to: promote activity or behavior that orientation. is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including In practice, this facility has one cell that can influence to promote or direct action or behavior that is ☒ ☐ ☐ hold up to five arrestees. If an arrestee requires criminal in nature or disruptive to the safety and security of separation under the classification plan and the other inmates or facility staff, as well as to the safe operation cell is occupied, other arrestees are transported of the facility; escape; assault, attempted assault, or to county jail. participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL This facility does not contain a safety cell as described in Title 24, Part 2, Section 1231.2.5 The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those inmates who ☐ ☐ ☒ Any arrestee who displays behavior which display behavior which results in the destruction of property results in destruction of property or reveals or reveals an intent to cause physical harm to self or others. intent to cause physical harm is transported directly to a medical facility or county jail. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. 3315 Monterey Marina City THJ PRO 20-22 -7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL This facility does not contain a sobering cell as described in Title 24, Part 2, Section 1231.2.4 The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ Arrestees that are a threat to their own safety or threat to their own safety or the safety of others due to their the safety of others due to their state of state of intoxication and pursuant to written policies and intoxication are transported directly to a procedures developed by the facility administrator. medical facility or county jail. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED 900.3.1 Individuals Who Should Not Be In INMATES Temporary Custody Should be transported to a jail facility, a The facility administrator, in cooperation with the medical facility, or another type of facility as ☒ ☐ ☐ responsible physician, shall develop written policies and appropriate. procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional This is a temporary holding facility that does center on any inmate suspected or confirmed to be not hold detainees over six hours. developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 3315 Monterey Marina City THJ PRO 20-22 -8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the Should be transported to a jail facility, a responsible physician, shall develop written policies and medical facility, or another type of facility as ☒ ☐ ☐ procedures for the use of restraint devices and may delegate appropriate. authority to place an inmate in restraints to a responsible (l)Any individual who needs restraint beyond health care staff. the use of handcuffs or shackles for security reasons 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 BSCC Staff requested all reports of arrestees medical/mental health referral; being held in restraints in the holding facility. ☒ ☐ ☐ There have been no incidents of arrestees being held in the temporary holding facility in restraints. availability of cardiopulmonary resuscitation equipment; ☒ ☐ ☐ AED and CPR equipment are readily available. protective housing of restrained persons; Individuals in restraints shall be kept away from ☒ ☐ ☐ other unrestrained individuals in custody and monitored to protect them from abuse. provision for hydration and sanitation needs; and ☒ ☐ ☐ exercising of extremities. ☒ ☐ ☐ In no case shall restraints be used for punishment or as a 306.2 Policy substitute for treatment. ☒ ☐ ☐ Restraint devices shall not be used to punish, to display authority, or as a show of force. Restraint devices shall only be used on inmates who display 900.6 Use of Restraint Devices behavior which results in the destruction of property or The use of restraints, other than handcuffs or reveal an intent to cause physical harm to self or others. leg irons, generally should not be used for Restraint devices include any devices which immobilize an individuals in temporary custody at the Marina inmate's extremities and/or prevent the inmate from being Police Department unless the person presents a ☐ ☐ ☒ ambulatory. heightened risk, and only in compliance with the Handcuffing and Restraints Policy. 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. 3315 Monterey Marina City THJ PRO 20-22 -9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 306 Handcuffing and Restraints 306.3.4 Restraint of Pregnant Persons The facility administrator, in cooperation with the Persons who are known to be pregnant should responsible physician, shall develop written policies and ☒ ☐ ☐ be restrained in the least restrictive manner that procedures for the use of restraint devices on pregnant is effective for officer safety. inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1)An inmate known to be pregnant or in recovery after Leg irons, waist chains, or handcuffs behind the delivery shall not be restrained by the use of leg irons, body should not be used unless the officer has a waist chains, or handcuffs behind the body. ☒ ☐ ☐ reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property. (2) A pregnant inmate in labor, during delivery, or in No person who is in labor, delivery, or recovery recovery after delivery, shall not be restrained by the after delivery shall be handcuffed or restrained ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the except in extraordinary circumstances. safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☒ ☐ ☐ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE 900.5.5 Telephone Calls Immediately upon being booked and, except The facility administrator shall develop written policies and where physically impossible, no later than three procedures which allow reasonable access to a telephone ☒ ☐ ☐ hours after arrest, an individual in custody has beyond those telephone calls which are required by Section the right to make at least three completed calls 851.5 of the Penal Code. to an attorney, bail bondsman, and a relative or other person. 1068 ACCESS TO COURTS AND COUNSEL 900.5.5 Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these This is a temporary holding facility that does ☐ ☐ ☒ regulations, and, not hold detainees over six hours. (b)confidential consultation with attorneys. 900.5.5(c) Calls between an individual in temporary custody and his/her attorney shall be ☒ ☐ ☐ deemed confidential and shall not be monitored, eavesdropped upon, or recorded. 1080 RULES AND DISCIPLINARY PENALTIES 900.5.10 Discipline Discipline will not be administered to any Wherever discipline is administered, each facility ☒ ☐ ☐ individual in custody at this facility. administrator shall establish written rules and disciplinary penalties to guide inmate conduct. 3315 Monterey Marina City THJ PRO 20-22 -10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such rules and disciplinary penalties shall be stated simply 900.5.10 Discipline and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ Discipline will not be administered to any and the booking area or issued to each inmate upon booking. individual in custody at this facility. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE 900.5.10 Discipline Discipline will not be administered to any If discipline is NOT administered, written policy should individual in custody at this facility. Any indicate as such. If discipline is administered, Sections individual in custody who repeatedly fails to 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such Each facility administrator shall develop written policies and conduct should be documented and reported to procedures for inmate discipline. The plan shall include, but the receiving facility. not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1.Loss of good time/work time. ☐ ☐ ☒ 2.Placement in disciplinary separation. ☐ ☐ ☒ 3.Disciplinary separation diet. ☐ ☐ ☒ 4.Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on 900.5.10 Discipline with the following provisions and within specified ☐ ☐ ☒ Discipline will not be administered to any timeframes: individual in custody at this facility. 1.A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 3315 Monterey Marina City THJ PRO 20-22 -11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 4.A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary 900.5.10 Discipline charges by the disciplinary officer, the charges and the Discipline will not be administered to any ☐ ☐ ☒ action taken shall be reviewed by the facility manager individual in custody at this facility. or designee. 6.The inmate shall be advised in a written statement by 900.5.10 Discipline the factfinders about the evidence relied on and the Discipline will not be administered to any ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record individual in custody at this facility. shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c)Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE 900.5.10 Discipline Discipline will not be administered to any The degree of punitive actions taken by the disciplinary individual in custody at this facility. officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a)Loss of privileges. (b)Extra work detail. ☐ ☐ ☒ (c)Short term lockdown for less than 24 hours. (d)Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g)Disciplinary separation. (h)Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY 900.5.10 Discipline ACTIONS Discipline will not be administered to any individual in custody at this facility. 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. 3315 Monterey Marina City THJ PRO 20-22 -12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d)In no case shall a safety cell, as specified in Title 24, Part 900.5.10 Discipline 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ Discipline will not be administered to any purposes. individual in custody at this facility. (e)No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f)Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS 900.5.10 Discipline Discipline will not be administered to any Penal Code Section 4019.5 requires that a record be kept of individual in custody at this facility. all disciplinary infractions and punishment administered, ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the ☒ ☐ detention of minors: (1) Deinstitutionalization of Status Offenders (2) Separation 3315 Monterey Marina City THJ PRO 20-22 -13 - A351 TH PRO eff. 1/2019 (20-22).dot (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☒ ☐ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 324.12 Suicide Attempt, Death, or Serious Injury MINOR IN AN ADULT DETENTION of a Juvenile FACILITY Watch Commander will ensure procedures are in place to address the suicide attempt, death, or ☒ ☐ ☐ serious injury of any juvenile held at the Marina The facility administrator shall develop policy and procedures Police Department for notification of the court of jurisdiction and the parent, (b)Notification of the parent, guardian, or guardian, or person standing in loco parentis, in the event of a person standing in loco parentis of the juvenile suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 324 Temporary Custody of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a)suicide risk and prevention; 324.3.2 Suicide Prevention of Juveniles in ☒ ☐ ☐ Custody (b)use of restraints; ☒ ☐ ☐ 324.7.1 Use of Restraint Devices (c)emergency medical assistance and services; and, 324.3.1 Emergency Medical Care of Juveniles in ☒ ☐ ☐ Custody (d)prohibiting use of discipline. 324.8(o) No discipline may be administered to ☒ ☐ ☐ any juvenile. 1143 CARE OF MINORS IN TEMPORARY 324.4.6 Mandated Juvenile Provisions CUSTODY ☒ ☐ ☐ (a)The following shall be made available to all minors held in temporary custody: (1)access to toilets and washing facilities; (a)Reasonable access to toilets and washing ☒ ☐ ☐ facilities (2) one snack upon request during term of temporary (b)Food, if the juvenile has not eaten within the custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ past four hours hours or is otherwise in need of nourishment; (3)access to drinking water; and, ☒ ☐ ☐ (c)Reasonable access to drinking water. 3315 Monterey Marina THJ PRO 20-22 -14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (4) privacy during consultation with family, guardian, (d)Privacy during family, guardian, and/or ☒ ☐ ☐ and/or lawyer. lawyer visits. (5) blankets and clothing, as necessary, to assure the (e)Blankets and clothing necessary to ensure ☒ ☐ ☐ comfort of the minor; and, the comfort of the juvenile (6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 324.7 No-Contact Requirements ADULT PRISONERS Sight and sound separation shall be maintained between all juveniles and adults while in ☒ ☐ ☐ The facility administrator shall establish policies and custody at the Department. procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, In situations where brief or accidental contact such as booking or facility movement, facility staff (trained may occur, a member of the Marina Police in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ Department (trained in the supervision of by-side presence with the minor or the adult to prevent persons in custody) shall maintain a constant, sustained contact. immediate, side-by-side presence. 1145 DECISION ON SECURE CUSTODY 324.11 Secure Custody Only juvenile offenders 14 years of age or older A minor who is taken into temporary custody by a peace may be placed in secure custody (Welfare and officer on the basis that he or she is a person described by Institutions Code § 207; 15 CCR 1145). Watch Section 602 of the Welfare and Institutions Code may be held Commander approval is required before placing in secure custody in a law enforcement facility that contains a a juvenile offender in secure custody. Secure lockup for adults if the minor is 14 years of age or older and custody should only be used for juvenile if, in the reasonable belief of the peace officer, the minor offenders when there is a reasonable belief that presents a serious security risk of harm to self or others, as the juvenile is a serious risk of harm to long as all other conditions of secure custody set forth in these ☒ ☐ ☐ him/herself or others. standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a Factors to be considered when determining if serious security risk of harm to self or others, the officer may the juvenile offender presents a serious security take into account the following factors: ☒ ☐ ☐ risk to him/herself or others include the (a)age, maturity, and delinquent history of the minor; following: (a)Age, maturity, and delinquent history (b) severity of the offense(s) for which the minor was (b)Severity of offense for which the juvenile ☒ ☐ ☐ taken into custody; was taken into custody (c)minor's behavior, including the degree to which the (c)The juvenile offender’s behavior ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate (d)Availability of staff to provide adequate supervision or protection of the minor; and, ☒ ☐ ☐ supervision or protection of the juvenile offender (e) the age, type, and number of other individuals who (e)Age, type, and number of other individuals ☒ ☐ ☐ are detained in the facility. in custody at the facility 3315 Monterey Marina City THJ PRO 20-22 -15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1146 CONDITIONS OF SECURE CUSTODY 324.1.1 Definitions While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 324.11.1 Locked Enclosures CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; (b)Juveniles shall have constant auditory ☒ ☐ ☐ and, access to department members. (2)safety checks, as defined in Section 1006, of the (d)Unscheduled safety checks to provide for minor by staff of the law enforcement facility, at the health and welfare of the juvenile by a staff ☒ ☐ ☐ least once every 30 minutes, which shall be member, no less than once every 15 minutes. documented. (b) Males and females shall not be placed in the same (e)Males and females shall not be placed in the locked room unless under constant direct visual ☒ ☐ ☐ same locked room. observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 324.11 Secure Custody CUSTODY OUTSIDE OF A LOCKED Juveniles shall not be secured to a stationary ENCLOSURE object for more than 60 minutes. ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant An employee must be present at all times to direct visual observation to assure the minor's safety while ☒ ☐ ☐ ensure the juvenile’s safety while secured to a secured to a stationary object. stationary object. Securing minors to a stationary object for longer than 60 Supervisor approval is required to secure a minutes, and every 30 minutes thereafter, shall be juvenile to a stationary object for longer than 60 ☒ ☐ ☐ approved by a supervisor. minutes and every 30 minutes thereafter. Supervisor approval should be documented. The decision for securing a minor to a stationary object for The decision for securing a minor to a stationary longer than 60 minutes, and every 30 minutes thereafter shall object for longer than 60 minutes and every 30 ☒ ☐ ☐ be based upon the best interests of the minor and shall be minutes thereafter shall be based upon the best documented. interests of the juvenile offender. 1149 CRITERIA FOR NON-SECURE 324.2 Policy CUSTODY Juveniles should be held in temporary custody only for as long as reasonably necessary for Minors held in temporary custody, who do not meet the processing, transfer, or release. criteria for secure custody as specified in Section 207.1(d) 324.4.3 Custody of Juvenile Offenders ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- Juvenile offenders should be held in non-secure secure custody to investigate the case, facilitate release of custody while at the Marina Police Department the minor to a parent or guardian, or arrange for transfer of unless another form of custody is authorized by the minor to an appropriate juvenile facility. this policy or is necessary due to exigent circumstances. 3315 Monterey Marina City THJ PRO 20-22 -16 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1150 SUPERVISION OF MINORS IN NON- 324.4.5 Monitoring of Juveniles SECURE CUSTODY The juvenile shall constantly be monitored by the audio/video system during the entire Minors held in non-secure custody shall receive constant detention. An in-person visual inspection shall direct visual observation by staff of the law enforcement ☒ ☐ ☐ be done to ensure the welfare of the juvenile facility. Entry and release times shall be documented and and shall be conducted at least once each half- made available for review. Monitoring a minor using hour, on an unscheduled basis, until the juvenile audio, video, or other electronic devices shall never replace is released. constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF 324.3 Juveniles Who Should Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR (d)Significantly intoxicated except when NON-SECURE CUSTODY approved by the Watch Commander. A medical clearance shall be obtained for minors who are Facility administrators shall develop policies and procedures ☒ ☐ ☐ under the influence of drugs, alcohol, or any providing that a medical clearance shall be obtained for other intoxicating substance to the extent that minors who are under the influence of drugs, alcohol, or any they are unable to care for themselves. other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room 324.11.1 Locked Enclosure who display outward signs of being under the influence of (d)Unscheduled safety checks to provide for drugs, alcohol or any other intoxicating substance shall the health and welfare of the juvenile by a staff include safety checks at least once every 15 minutes until ☒ ☐ ☐ member, no less than once every 15 minutes, resolution of the intoxicated state or release. These safety shall occur. checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked 324.3 Juveniles Who Should Not Be Held room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display 324.3 Juveniles Who Should Not Be Held outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 3315 Monterey Marina City THJ PRO 20-22 -17 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for Number of violations:0 investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ Number of violations:0 enforcement facility for longer than six hours. 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ Number of violations:0 length of time the secure detention is expected to last, and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations:0 facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis Number of violations:0 for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: 0 law enforcement facility for longer than six hours. 3315 Monterey Marina City THJ PRO 20-22 -18 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 3315 FACILITY NAME: Marina Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: X OTHER: 1986 FIELD REPRESENTATIVE: Dale Miller DATE: April 13, 2021 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 hours) X Weapons Locker (3.12) Weapons lockers are available and located outside entrance to the secure holding facility. External to the security area and equipped with individual X compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) Any prisoner who is unable to care for himself or 01: name change to “Sobering Cell” herself, due to being under the influence of X Limited to no more than 8 inmates alcohol or drugs, will be transferred to the Monterey County Jail. Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to provide support X Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) Contain 48 square feet with one floor dimension at least 6 X feet Ceiling height of at least 8 feet X Limited to no more than one inmate X Contain flush ring toilet (flush with floor) with controls located outside the cell X Padded floor, door and walls X Equipped with variable intensity, security light, with controls located outside the cell X 3315 Marina City THJ PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell door (Facility X planned or constructed prior to 8-86) Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which must be in X the door (Facility planned or constructed after 8-86; See regulations for later changes)) Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at least 30 inches above the floor X Shower-Delousing Room (3.4) Available X Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) For facilities planned or constructed after 8-86 X Janitor Closet (2.20) Available X Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) Available X 3315 Marina City THJ PHY 20-22 - 2 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3315 FACILITY: Marina City Holding Facility TYPE: THJ BRC: 0 FIELD REPRESENTATIVE: Dale Miller DATE: April 13, 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 1986 1 (5) (5) 6.7’ x 8’ x 8’ 1 1 1 Notes: Combo fixture—6.7’ bench (rated capacity based on bench length) *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total BRC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 3315 Marina City THJ LAS 20-22 - 1 - A360 LAS Adult.dot (03/01)