BSCC
Monterey County, Monterey City Jail (2018-2020 inspection cycle)
Read the report at Monterey County, Monterey City Jail ↗
Chief Hober
Monterey City Police Department
Page 2
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 the following items of noncompliance.
Title 15, Section 1029 Policy and Procedures Manual:
The facility administrator shall, at least annually, review, evaluate, and make a record of security measures.
The review and evaluation shall include internal and external security measures of the facility including
security measures specific to prevention of sexual abuse and sexual harassment.
Currently, there is no record of this review being conducted.
Title 15, Section 1147 Supervision of Minors in Secure Custody:
While in secure custody, minors will meet the conditions of secure confinement and safety checks will be
conducted by staff every 30 minutes. Currently minors are being temporarily placed in a room inside the
secured City Jail to await interviews by arresting or investigating officers and not logged as secure
confinement.
When this occurs, the agency is non-compliant with this regulation and federal guidelines. Additionally,
during the month of December 2018, minors were reportedly held in secure confinement and safety checks
of those minors were not logged on the secure confinement log.
Please refer to the Procedures Checklist for detailed information.
Title 24, CCR Physical Plant
There were no changes made to the physical plant and your rated capacity remains at 10. We found no items of
noncompliance.
Technical assistance was offered in reference to the single bath/shower located in the detention facility. The
bath/shower is comprised of residential material. It offers numerous potential ligature points and items that may be
modified into weapons.
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; In 2018/2019 no minors were held
beyond the 6-hour limit for secure detention.
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.
3320 Monterey City Police Department LTR 18-20; 12/05/19
TYPE I FACILITIES
Board of State and Community Corrections
PROCEDURES1
BSCC Code: 3320
FACILITY NAME: Monterey City Jail FACILITY TYPE: I
PERSON(S) INTERVIEWED:
Senior Police Services Technician Ben Fowler and Senior Police Technician Alma Murphy
FIELD REPRESENTATIVE: DATE: December 5, 2019
Dale Miller
TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
1020 CORRECTIONS OFFICER CORE COURSE2 MCJ Operations Manual 01.04.00
All Police Services Technicians/Jailers who
(a) In addition to the provisions of California Penal Code work the Jail are CORE trained, within one
Section 831.5, all custodial personnel of a Type I, II, III, or ☒ ☐ ☐ year of assignment.
IV facility shall successfully complete the “Corrections BSCC STC found the agency compliant for
Officer Core Course” as described in Section 179 of Title 2018-19 training.
15, CCR, within one year from the date of assignment.
(b) Custodial Personnel who have successfully completed MCJ Operations Manual 01.04.00
the course of instruction required by Penal Code Section
832.3 shall also successfully complete the “Corrections
☒ ☐ ☐
Officer Basic Academy Supplemental Core Course” as
described in Section 180 of Title 15, CCR, within one year
from the date of assignment.
1021 JAIL SUPERVISORY TRAINING The Police Records and Detention Supervisor
(PRDS) is the jail supervisor and has completed
Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ the COCC.
complete the core training requirements pursuant to Section
1020, Corrections Officer Core Course.
In addition, supervisory personnel of any Type I, II, III or IV The PRDS is the jail supervisor and has
jail shall also be required to complete either the STC completed the supervisory course(s).
Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐
CCR) or the POST supervisory course within one year from
date of assignment.
1023 JAIL MANAGEMENT TRAINING 01.05.02 Duties & Responsibilities: Assistant
Chief manages the jail and has completed the
POST management course.
Managerial personnel of any Type I, II, III or IV jail shall be
required to complete either the STC management course (as ☒ ☐ ☐
described in Section 182, Title 15, CCR) or the POST
management course within one year from date of
assignment.
1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is
required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain
the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local
Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations.
2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless
otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
1025 CONTINUING PROFESSIONAL TRAINING Documented in department training records.
Agency is compliant with BSCC training
regulations.
With the exception of any year that a core training module
is successfully completed, all facility/system administrators, ☒ ☐ ☐
managers, supervisors, and custody personnel of a Type I,
II, III, or IV facility shall successfully complete the “annual
required training” specified in Section 184 of Title 15, CCR.
1027 NUMBER OF PERSONNEL BSCC staff reviewed the personnel assignment
rosters and safety checks. The number of
personnel assigned appears to be adequate for
A sufficient number of personnel shall be employed in each
☒ ☐ ☐
the operation of the facility.
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 MCJ Operations Manual 06.00 Jail Operations
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 MCJ Operations Manual 06.02.00 Jail
would conflict with the supervision and care of inmates in ☒ ☐ ☐ Inspections
the event of an emergency.
Whenever one or more female inmates are in custody, there MCJ Operations Manual 06.01.00 Same
shall be at least one female employee who shall be Gender Jailers
☒ ☐ ☐
immediately available and accessible to such females. Half of the current staff is female and available
Note: Reference PC§ 4021. to assist any female in custody.
To determine if there is a sufficient number of personnel for Personnel plan conducted and reviewed by
a specific facility, the facility administrator shall prepare and PRDS.
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 MCJ Operations Manual 06.02.00 Jail
Inspections.
Safety checks shall be conducted at least hourly through ☒ ☐ ☐ BSCC staff reviewed several months of safety
direct visual observation of all inmates. There shall be no checks. All appeared random and to be within
more than a 60-minute lapse between safety checks. standards.
There is a written plan that includes the documentation of MCJ Operations Manual 06.02.00: Jailers shall
routine safety checks. ☒ ☐ ☐ note cell check times on the Security/Welfare
Status forms.
1028 1028 FIRE AND LIFE SAFETY STAFF All Jailers attend CORE which includes fire/life
safety training.
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 Facility-specific fire/life safety issues are
person on duty who trained in fire and life safety procedures ☒ ☐ ☐ addressed during field training for jailers.
that relate specifically to the facility.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
1029 POLICY AND PROCEDURES MANUAL 3 Monterey City Jail (MCJ) Operations Manual
Facility administrator(s) shall develop and publish a manual 01.06.00 Jail Operations Manual dated 2019
of policy and procedures for the facility. The policy and
procedures manual shall address all applicable Title 15 and
Title 24 regulations and shall be comprehensively reviewed
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 MCJ Operations Manual 01.05.02 – Duties and
☒ ☐ ☐
communications. Responsibilities
(2) Inspections and operations reviews by the facility MCJ Operations Manual 02.02.00 – Jail
☒ ☐ ☐
administrator/manager. Inspections
(3) Policy on the use of force. MCJ Operations Manual 06.04.00 – Use of
☒ ☐ ☐
Force
(4) Policy on the use of restraint equipment, including the MCJ Operations Manual 06.04.00 – Use of
restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Force, Restraints
Section 3407.
(5) Procedure and criteria for screening newly received MCJ Operations Manual 09.05.00 – Own
inmates for release per Penal Code sections 849(b)(2) and Recognizance Release (P.C. 853.6)
☒ ☐ ☐
853.6, and any other such processes as the facility
administrator is empowered to use.
(6) Security and control including: ☒ ☐ ☐ MCJ Operations 02.01.00 – Jail Security
(A) physical counts of inmates, MCJ Operations Manual 03.04.09 – Booking
☒ ☐ ☐
Documentation and Related Processing
(B) searches of the facility and inmates, Monterey Police Department Manual 901 –
☒ ☐ ☐ Custody Searches, MCJ Operations Manual
02.02.00 - Jail Inspections
(C) contraband control, and, Monterey Police Department Manual – 901,
☒ ☐ ☐ Custody Searches
MCJ Operations Manual – Multiple locations
(D) key control. ☒ ☐ ☐ MCJ Operations Manual 02.01.04 – Jail Keys
Each facility administrator shall, at least annually, review, Monterey Police Department Manual – 902
evaluate, and make a record of security measures. The review Prison Rape Elimination
and evaluation shall include internal and external security ☐ ☒ ☐ A documented review by the facility
measures of the facility including security measures specific administrator was not available.
to prevention of sexual abuse and sexual harassment.
(7) Emergency procedures include: MCJ Operations Manual 06.06.03 – Jail
(A) fire suppression preplan as required by section ☒ ☐ ☐ Evacuation
1032 of these regulations;
(B) escape, disturbances, and the taking of hostages; MCJ Operations Manual 06.06.04 – Jail
☒ ☐ ☐
Disturbances
(C) mass arrests; MCJ Operations Manual 06.06.04 – Jail
☒ ☐ ☐
Disturbances
3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
(D) natural disasters; MCJ Operations Manual 06.06.02 – Prisoner
☒ ☐ ☐
Safety
(E) periodic testing of emergency equipment; and, MCJ Operations Manual 02.01.06 – Jail Alarm
☒ ☐ ☐
System
(F) storage, issue, and use of weapons, ammunition, MCJ Operations Manual 02.01.01 – Firearms
☒ ☐ ☐
chemical agents, and related security devices. and Weapons in the Jail - Prohibited
(8) Suicide Prevention. MCJ Operations Manual 03.01.00 – Medical
☒ ☐ ☐ Evaluation and Treatment, Suicide Risk
Assessment
(9) Segregation of Inmates. MCJ Operations Manual 05.00.00 –
☒ ☐ ☐
Segregation and Classification of Prisoners
(10) Zero tolerance in the prevention of sexual abuse and Monterey Police Department Manual 902 –
☒ ☐ ☐
sexual harassment. Prison Rape Elimination
(11) Policy and procedure to detect, prevent, and respond Monterey Police Department Manual 902.2 –
to retaliation against any staff or inmate after reporting ☒ ☐ ☐ PREA Policy
any abuse.
(e) The manual for Temporary Holding, Court Holding, Monterey Police Department Manual 902.4 –
Type I, II, III, and IV facilities shall provide for, but not be Reporting Sexual Abuse, Harassment, and
limited to, the following: Retaliation
(1) multiple internal ways for inmates to privately report
sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐
inmates or staff for reporting sexual abuse and sexual
harassment, and staff neglect or violation of
responsibilities that may have contributed to such
incidents,
(2) a method for uninvolved inmates, family, Posted and available.
community members, and other interested third-parties
to report sexual abuse or sexual harassment. The ☒ ☐ ☐
method for reporting shall be publicly posted at the
facility.
1030 SUICIDE PREVENTION PROGRAM MCJ Operations 07.10.00 – Suicide Risk and
Prevention
The facility shall have a comprehensive written suicide
prevention program developed by the facility administrator,
☒ ☐ ☐
in conjunction with the health authority and mental health
director, to identify, monitor, and provide treatment to those
inmates who present a suicide risk. The program shall
include the following:
(a) Suicide prevention training for all staff that have direct All Jailers receive training during CORE and
☒ ☐ ☐
contact with inmates. FTO period.
(b) Intake screening for suicide risk immediately upon MCJ Operations Manual 03.01.00 - Medical
intake and prior to housing assignment. ☒ ☐ ☐ Evaluation and Treatment, Suicide Risk
Assessment
(c) Provisions facilitating communication among MCJ Operations Manual 03.01.00 – Medical
arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ Evaluation and Treatment, Immediate Medical
mental health personnel in relation to suicide risk. Treatment
(d) Housing recommendations for inmates at risk of suicide. MCJ Operations Manual 07.10.00 – Suicide
☒ ☐ ☐
Risk and Prevention
(e) Supervision depending on level of suicide risk. MCJ Operation Manual 07.10.00 – Suicide
☒ ☐ ☐
Risk and Prevention
(f) Suicide attempt and suicide intervention policies and MCJ Operations Manual 07.10.00 – Suicide
☒ ☐ ☐
procedures. Risk and Prevention.
(g) Provisions for reporting suicides and suicides attempts. MCJ Operations Manual 07.10.01 – Suicides
☒ ☐ ☐
and Attempts
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
(h) Multi-disciplinary administrative review of suicides and MCJ Operations Manual 06.05.00 – Death of a
attempted suicides as defined by the facility ☒ ☐ ☐ Prisoner
administrator.
1032 FIRE SUPPRESSION PREPLANNING MCJ Operations Manual 06.06.01 – Jail Fire
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 MCJ Operations Manual 06.06.01 – Jail Fire
department to be included as part of the policy and procedures
☒ ☐ ☐
manual (Title 15, California Code of Regulations Section
1029);
(b) regular fire prevention inspections by facility staff on a MCJ Operations Manual 06.06.01 – Jail Fire
monthly basis with two-year retention of the inspection ☒ ☐ ☐
record;
(c) fire prevention inspections as required by Health and MCJ Operations Manual 02.02.01 – Outside
Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Inspections, completed 10/25/2019
inspections at least once every two years;
(d) an evacuation plan; and, MCJ Operations Manual 06.06.03 – Jail
☒ ☐ ☐
Evacuation
(e) a plan for the emergency housing of inmates in the case of MCJ Operations Manual 06.06.03 – Jail
☒ ☐ ☐
fire. Evacuation
1040 POPULATION ACCOUNTING MCJ Operations Manual 06.00.02 – Midnight
Population Log
Each facility administrator shall maintain an inmate
☒ ☐ ☐
demographics accounting system which reflects the monthly During the inspection there were no inmates in
average daily population of sentenced and non-sentenced custody. The facility averages 3 inmates per
inmates by categories of male, female and juvenile. day.
Facility administrators shall provide the BSCC with BSCC has received the Jail Profile Survey
applicable inmate demographic information as described in ☒ ☐ ☐
the Jail Profile Survey.
1041 INMATE RECORDS MCJ Operations Manual 06.00.03 – Required
Prisoner Documentation
(a) Each facility administrator of a Type I, II, III or IV
facility shall develop written policies and procedures for the
maintenance of individual inmate records which shall
☒ ☐ ☐
include, but not be limited to, intake information, personal
property receipts, commitment papers, court orders, reports
of disciplinary actions taken, medical orders issued by the
responsible physician and staff response, and non-medical
information regarding disabilities and other limitations.
(b) Each facility administrator shall collect accurate, Monterey Police Manual 902 – Prison Rape
uniform data for every allegation of sexual abuse at facilities Elimination
under its direct control and from other facilities with which Assistant Chief of Police to develop,
it contracts for the confinement of its inmates. The data ☒ ☐ ☐ implement, and oversee department efforts to
collected shall include, at a minimum, the data necessary to comply with PREA standards.
satisfy the reporting requirements of 34 U.S.C. section
30303(a)(1) (federal survey on sexual violence).
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
1044 INCIDENT REPORTS MCJ Operations Manual 02.02.04 – Physical
injury to inmates or jailers
Each facility administrator shall develop written policies and Report will be prepared for every incident
procedures for the maintenance of written records and ☒ ☐ ☐ resulting in physical harm or serious threat of
reporting of all incidents which result in physical harm, or physical harm to any jailer, inmate, or person in
serious threat of physical harm, to an employee or inmate of the detention facility.
a detention facility or other person.
Such records shall include the names of the persons Monterey Police Department Manual 321 –
involved, a description of the incident, the actions taken, and Report Preparation
☒ ☐ ☐
the date and time of the occurrence. BSCC staff reviewed random incident reports
and found them to be compliant with standards.
Such a written record shall be prepared by the staff assigned Monterey Police Department Manual 321 –
to investigate the incident and submitted to the facility ☒ ☐ ☐ Report Preparation
manager or his/her designee.
1045 PUBLIC INFORMATION PLAN MCJ Operations Manual 01.06.01 – Additional
Reference Material to be Maintained
Each facility administrator of a Type I, II, III or IV facility
shall develop written policies and procedures for the
☒ ☐ ☐
dissemination of information to the public, to other
government agencies, and to the news media. The public and
inmates shall have available for review the following
material:
(a) The Board of State and Community Corrections MCJ Operations Manual 01.06.01 – Additional
Minimum Standards for Local Detention Facilities as found Reference Material to be Maintained
in Title 15 of the California Code of Regulations. ☒ ☐ ☐
Department Network 607-05 – Dept Manuals –
Directives – Jail Manual
(b) Facility rules and procedures affecting inmates as Information is available on the Police
☒ ☐ ☐
specified in sections: Department Website.
(1) 1045, Public Information Plan Monterey Police Department Manual 322 –
☒ ☐ ☐
Media Relations
(2) 1061, Inmate Education Plan ☐ ☐ ☒ No sentenced inmates.
(3) 1062, Visiting ☒ ☐ ☐ MCJ Operations Manual 06.07.01
(4) 1063, Correspondence ☒ ☐ ☐ MCJ Operations Manual 06.07.03
(5) 1064, Library Service ☐ ☐ ☒ No sentenced inmates.
(6) 1065, Exercise and Recreation ☐ ☐ ☒ No sentenced inmates.
(7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ MCJ Operations Manual 06.08.06
(8) 1067, Access to Telephone ☒ ☐ ☐ MCJ Operations Manual 03.04.12
(9) 1068, Access to Courts and Counsel ☒ ☐ ☐ MCJ Operations Manual 06.07.03 / 03.04.12
(10) 1069, Inmate Orientation ☒ ☐ ☐ MCJ Operations Manual 05.00.00
(11) 1070, Individual/Family Service Programs ☐ ☐ ☒ No sentenced inmates.
(12) 1071, Voting ☐ ☐ ☒ No sentenced inmates.
(13) 1072, Religious Observance ☒ ☐ ☐ MCJ Operations Manual 06.08.07
(14) 1073, Inmate Grievance Procedure MCJ Operations Manual 06.11.00 –
☒ ☐ ☐
No sentenced workers.
(15) 1080, Rules and Disciplinary Penalties MCJ Operations Manual 06.00.05 –
☒ ☐ ☐
No discipline administered.
(16) 1081, Plan for Inmate Discipline MCJ Operations Manual 06.00.05 –
☐ ☐ ☒
No discipline administered.
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(17) 1082, Forms of Discipline MCJ Operations Manual 06.00.05 –
☐ ☐ ☒
No discipline administered.
(18) 1083, Limitations on Discipline MCJ Operations Manual 06.00.05 –
☐ ☐ ☒
No discipline administered.
(19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ MCJ Operations Manual 07.01.00
1046 DEATH IN CUSTODY MCJ Operations Manual 06.05.00 – Death of a
prisoner
(a) Death in Custody Reviews for Adults and Minors.
The facility administrator, in cooperation with the health
administrator, shall develop written policy and procedures to ☒ ☐ ☐
ensure that there is an initial review of every in-custody
death within 30 days. The review team shall include the
facility administrator and/or the facility manager, the health
administrator, the responsible physician and other health
care and supervision staff who are relevant to the incident.
Deaths shall be reviewed to determine the appropriateness of MCJ Operations Manual 06.05.00 – Death of a
clinical care; whether changes to policies, procedures, or prisoner
☒ ☐ ☐
practices are warranted; and to identify issues that require
further study.
(b) Death of a Minor MCJ Operations Manual 06.05.00 – Death of a
In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Prisoner
lockup, or court holding facility:
(1) The administrator of the facility shall provide to the MCJ Operations Manual 06.05.00 – Death of a
Board a copy of the report submitted to the Attorney Prisoner
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 MCJ Operations Manual 06.05.00 – Death of a
administrator, the Board may within 30 calendar days Prisoner
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 MCJ Operations Manual 05.00.00 – Segregation
and Classification:
(a) Each administrator of a temporary holding, Type I, II, or
III facility shall develop and implement a written Jailers determines how an arrestee is to be
classification plan designed to properly assign inmates to classified and segregated once the booking
housing units and activities according to the categories of sex, process is completed. In some circumstances as
age, criminal sophistication, seriousness of crime charged, outlined in this section, segregation can mean
physical or mental health needs, assaultive/non-assaultive arrestees will be booked but not housed at the
behavior, risk of being sexually abused, or sexually harassed Monterey City Jail.
☒ ☐ ☐
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.
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TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS
Each administrator of a Type II or III facility shall establish This is a Type 1 facility.
and implement a classification system which will include the
use of classification officers or a classification committee in
order to properly assign inmates to housing, work,
rehabilitation programs, and leisure activities. Such a plan
shall include the use of as much information as is available
about the inmate and from the inmate and shall provide for ☐ ☐ ☒
a channel of appeal by the inmate to the facility
administrator or designee. An inmate who has been
sentenced to more than 60 days may request a review of his
classification plan no more often than 30 days from his last
review.
Subsection b does not apply and has been deleted.
(c) In deciding whether to assign an inmate to a housing area MCJ Operations Manual 05.01.02 – Violent or
for male or female inmates, and in making other housing and At-Risk Prisoners
programming assignments, the agency shall consider on a
case-by-case basis whether a placement would ensure the
☒ ☐ ☐ In practice, jailers ask questions regarding
inmate's health and safety, and whether the placement would
inmate’s own views of their safety.
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 MCJ Operations Manual 05.01.03 – Medical
Classification, Communicable Disease
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 MCJ Operations Manual 05.01.03 – Medical
made of the person being booked as to whether or not he/she Classification, Communicable Disease
has or has had any communicable diseases, such as
tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐
BSCC staff reviewed medical screening
any other communicable diseases, or other special medical
questions, which included communicable
problem identified by the health authority. The response
diseases.
shall be noted on the booking form and/or screening device.
1052 MENTALLY DISORDERED INMATES MCJ Operations Manual 05.01.03 – Medical
Classification
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.
If an evaluation from medical or mental health staff is not Anyone considered Mentally Disordered will
readily available, an inmate shall be considered mentally be segregated and transported to another
disordered for the purpose of this section if he or she appears facility.
to be a danger to himself/herself or others or if he/she
appears gravely disabled. ☒ ☐ ☐ MCJ Operations Manual 05.01.03 – Medical
Classification, Mental Illness
An evaluation from medical or mental health staff shall be
secured within 24 hours of identification or at the next daily
sick call, whichever is earliest.
Segregation may be used if necessary to protect the safety of MCJ Operations Manual 05.01.03 – Medical
☒ ☐ ☐
the inmate or others. Classification, Mental Illness
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1053 ADMINISTRATIVE SEGREGATION MCJ Operations Manual 05.01.00 –
Administrative Segregation
Except in Type IV facilities, each facility administrator shall
develop written policies and procedures which provide for
the administrative segregation of inmates who are
determined to be prone to: promote activity or behavior that
is criminal in nature or disruptive to facility operations;
demonstrate influence over other inmates, including
influence to promote or direct action or behavior that is ☒ ☐ ☐
criminal in nature or disruptive to the safety and security of
other inmates or facility staff, as well as to the safe operation
of the facility; escape; assault, attempted assault, or
participation in a conspiracy to assault or harm other inmates
or facility staff; or likely to need protection from other
inmates, if such administrative segregation is determined to
be necessary in order to obtain the objective of protecting
the welfare of inmates and staff.
Administrative segregation shall consist of separate and
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 Facility does not contain a safety cell.
The safety cell described in Title 24, Part 2, Section
☐ ☐ ☒
1231.2.5, shall be used to hold only those inmates who
display behavior which results in the destruction of property
or reveals an intent to cause physical harm to self or others.
The facility administrator, in cooperation with the
responsible physician, shall develop written policies and
☐ ☐ ☒
procedures governing safety cell use and may delegate
authority to place an inmate in a safety cell to a physician.
In no case shall the safety cell be used for punishment or as
☐ ☐ ☒
a substitute for treatment.
An inmate shall be placed in a safety cell only with the
approval of the facility manager or designee, or responsible
☐ ☐ ☒
health care staff; continued retention shall be reviewed a
minimum of every four hours.
A medical assessment shall be completed within a maximum
of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒
sick call, whichever is earliest.
The inmate shall be medically cleared for continued
☐ ☐ ☒
retention every 24 hours thereafter.
The facility manager, designee or responsible health care
staff shall obtain a mental health opinion/consultation with
☐ ☐ ☒
responsible health care staff on placement and retention,
which shall be secured within 12 hours of placement.
Direct visual observation shall be conducted at least twice
☐ ☐ ☒
every thirty minutes. Such observation shall be documented.
Procedures shall be established to assure administration of
☐ ☐ ☒
necessary nutrition and fluids.
Inmates shall be allowed to retain sufficient clothing, or be
provided with a suitably designed “safety garment,” to
provide for their personal privacy unless specific identifiable ☐ ☐ ☒
risks to the inmate's safety or to the security of the facility
are documented.
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1056 USE OF SOBERING CELL Facility does not contain a Sobering Cell:
MCJ Operations Manual 07.09.02 – Sobering
The sobering cell described in Title 24, Part 2, Section Up Option. Prisoners under the influence of
1231.2.4, shall be used for the holding of inmates who are a alcohol who appear to require immediate care,
threat to their own safety or the safety of others due to their ☐ ☐ ☒ treatment, or are likely to cause injury to
state of intoxication and pursuant to written policies and themselves or others, the Watch Commander
procedures developed by the facility administrator. shall be immediately notified to arrange
transfer to a medical facility or transport to
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 MCJ Operations Manual 05.01.03 – Medical
INMATES Classification
The facility administrator, in cooperation with the
☒ ☐ ☐
responsible physician, shall develop written policies and
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 Prisoners suspected/confirmed to be
center on any inmate suspected or confirmed to be developmentally disabled are not held at this
developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ facility.
and/or treatment within 24 hours of such determination,
excluding holidays and weekends.
1058 USE OF RESTRAINT DEVICES MCJ Operations Manual 06.04.00 – Use of
Force, Restraints.
The facility administrator, in cooperation with the
responsible physician, shall develop written policies and ☒ ☐ ☐ Prisoners brought to Monterey City Jail are not
procedures for the use of restraint devices and may delegate to be restrained beyond routine security
authority to place an inmate in restraints to a responsible devices, such as handcuffs.
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. ☐ ☐ ☒
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In no case shall restraints be used for punishment or as a MCJ Operations Manual 02.04.01 –
substitute for treatment. ☒ ☐ ☐ Relationships with and the treatment of
Prisoners - Related Laws
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 MCJ Operations Manual 03.04.04 – Female
Bookings
The facility administrator, in cooperation with the
responsible physician, shall develop written policies and ☒ ☐ ☐
procedures for the use of restraint devices on pregnant
inmates. In accordance with Penal Code 3407 the policy
shall include reference to the following:
(1) An inmate known to be pregnant or in recovery after MCJ Operations Manual 06.04.00 - Use of Force
delivery shall not be restrained by the use of leg irons, waist ☒ ☐ ☐
chains, or handcuffs behind the body.
(2) A pregnant inmate in labor, during delivery, or in Pregnant inmates in labor, during delivery, or in
recovery after delivery, shall not be restrained by the wrists, recovery after delivery are not housed in this
☐ ☐ ☒
ankles, or both, unless deemed necessary for the safety and facility.
security of the inmate, the staff, or the public.
(3) Restraints shall be removed when a professional who is (Same as above)
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.
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(4) Upon confirmation of an inmate's pregnancy, she shall MCJ Operations Manual 07.06.01 Pregnancy
be advised, orally or in writing, of the standards and policies ☒ ☐ ☐ Test
governing pregnant inmates.
1059 USE OF REASONABLE FORCE TO Monterey Police Department Policy 334.5 – Use
COLLECT DNA SPECIMENS, SAMPLES, of force to obtain samples.
IMPRESSIONS
Although there is policy, in practice, the
(a) Pursuant to Penal Code Section 298.1, authorized law Monterey Police Department has determined not
enforcement, custodial, or corrections personnel including ☒ ☐ ☐ to use force to collect DNA samples.
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 In practice, force is not used. Inmates who refuse
reasonable force” shall be defined as the force that an to comply are transferred to Monterey County
objective, trained and competent correctional employee, Jail and charged with failing to comply.
☒ ☐ ☐
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 Monterey Police Department Policy 334.5 – Use
efforts to secure voluntary compliance. Efforts to secure of force to obtain samples.
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 Monterey Police Department Policy 334.5 – Use
authorization of the facility watch commander on duty. The of force to obtain samples.
authorization shall include information that reflects the fact ☒ ☐ ☐
that the offender was asked to provide the requisite
specimen, sample, or impression and refused.
(c) If the use of reasonable force includes a cell extraction, Jail audio/video is recorded, cell extraction
the extraction shall be videotaped, including audio. Video would not be used as force in a DNA sample
shall be directed at the cell extraction event. The videotape collection attempt.
shall be retained by the agency for the length of time ☐ ☐ ☒
required by statute. Notwithstanding the use of the video as
evidence in a criminal proceeding, the tape shall be retained
administratively.
1062 VISITING MCJ Operations Manual 06.07.01 – Visitation
(a) The facility administrator shall develop written policies
☒ ☐ ☐
and procedures for inmate visiting which shall provide for
as many visits and visitors as facility schedules, space, and
number of personnel will allow.
(b) In Type I facilities, the facility administrator shall It is the policy of the Monterey City Jail to allow
develop and implement written policies and procedures to visiting privileges to detainees, no later than the
allow visiting for non-sentenced detainees. The policies and next calendar day after their arrest.
☒ ☐ ☐
procedures will include a schedule to assure that non-
sentenced detainees will be afforded a visit no later than the
calendar day following arrest.
(c) The visiting policies developed pursuant to this section MCJ Operations Manual 06.07.01 – Visitation
shall include provision for visitation by minor children of the ☒ ☐ ☐
inmate.
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(d) Video visitation may be used to supplement existing No video visitation is available.
visitation programs, but shall not be used to fulfill the
☐ ☐ ☒
requirements of this section if in-person visitation is
requested by an inmate.
(e) Facilities shall not charge for visitation when visitors are
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; All visits are in person with separation by
barrier.
Visitation hours; MCJ Operations Manual 06.07.01 – Visitation
1300-1500 hours daily.
Time inmates are allowed for visitation; and, MCJ Operations Manual 06.07.01 – Visitation
Any restrictions on inmate visitation. MCJ Operations Manual 06.07.01 – Visitation
1063 CORRESPONDENCE MCJ Operations Manual 06.07.03 – Prisoner
Correspondence
☒ ☐ ☐
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 In practice, there are no sentenced inmates in
may send or receive; ☒ ☐ ☐ this facility, mail is not received or mailed from
the facility.
(b) inmate correspondence may be read when there is a
valid security reason and the facility manager or his/her ☒ ☐ ☐
designee approves;
(c) jail staff shall not review inmate correspondence to or
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
☒ ☐ ☐
facility manager or the facility administrator; and,
(e) those inmates who are without funds shall be permitted
at least two postage paid envelopes and two sheets of paper
each week to permit correspondence with family members
☒ ☐ ☐
and friends but without limitation on the number of postage
paid envelopes and sheets of paper to his or her attorney
and to the courts.
1065 EXERCISE AND RECREATION MCJ Operations Manual 06.08.06 – Recreation
Materials: Playing cards or table games.
☒ ☐ ☐
(b) The facility administrator of a Type I facility shall make
table games and/or television available to inmates.
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1066 BOOKS, NEWSPAPERS, PERIODICALS, MCJ Operations Manual 06.08.06 – Recreation
AND WRITINGS Materials:
Daily newspaper in general circulation,
(b) The facility administrator of a Type I facility shall including a non-English language publication.
☒ ☐ ☐
develop and implement a written plan to make available a
daily newspaper in general circulation, including a non- Magazines, assorted paperback books, and
English language publication, to assure reasonable access to periodicals may be provided upon request.
interested inmates.
1067 ACCESS TO TELEPHONE MCJ Operations Manual 03.04.12 – Prisoner
Telephone Calls
The facility administrator shall develop written policies and
☒ ☐ ☐
procedures which allow reasonable access to a telephone
beyond those telephone calls which are required by Section
851.5 of the Penal Code.
1068 ACCESS TO COURTS AND COUNSEL
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 MCJ Operations Manual 06.07.03 – Prisoner
☒ ☐ ☐
regulations, and, Correspondence
(b) confidential consultation with attorneys. MCJ Operations Manual 03.04.12 – Prisoner
☒ ☐ ☐
Telephone Calls
1069 INMATE ORIENTATION MCJ Operations Manual 06.11.12 – Inmate
Orientation
(b) In Type I facilities, the facility administrator shall
develop written policies and procedures for a program
☒ ☐ ☐ Inmate rules are posted in the facility.
reasonably understandable to non-sentenced detainees to
orient an inmate at the time of placement in a living area.
Such a program shall be published and include, but not be
limited to, the following:
(1) rules and disciplinary procedures; ☒ ☐ ☐
(2) visiting rules; ☒ ☐ ☐
(3) availability of personal care items, opportunities
☒ ☐ ☐
for personal hygiene;
(4) availability of reading and recreational materials;
☒ ☐ ☐
and,
(5) medical/mental health procedures. ☒ ☐ ☐
1071 VOTING This is a Type I facility that does not hold
sentenced Inmate Workers.
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.
1072 RELIGIOUS OBSERVANCES MCJ Operations Manual 06.08.07 – Religious
Services
The facility administrator of a Type I, II, III or IV facility
☒ ☐ ☐
shall develop written policies and procedures to provide
opportunities for inmates to participate in religious services,
practices and counseling on a voluntary basis.
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1073 INMATE GRIEVANCE PROCEDURE This is a Type I facility that does not hold
Applicable to Type I facilities holding sentenced workers. sentenced Inmate Workers.
(a) Each administrator of a Type II, III, or IV facility and
Type I facilities which hold inmate workers shall develop
written policies and procedures whereby any inmate may
☐ ☐ ☒
appeal and have resolved grievances relating to any
conditions of confinement, including but not limited to:
medical care; classification actions; disciplinary actions;
program participation; telephone, mail, and visiting
procedures; and food, clothing, and bedding.
Such policies and procedures shall include:
(1) a grievance form or instructions for registering a
☐ ☐ ☒
grievance;
(2) resolution of the grievance at the lowest appropriate
☐ ☐ ☒
staff level;
(3) appeal to the next level of review; ☐ ☐ ☒
(4) written reasons for denial of grievance at each level
☐ ☐ ☒
of review which acts on the grievance;
(5) provision for response within a reasonable time
☐ ☐ ☒
limit; and,
(6) provision for resolving questions of jurisdiction
☐ ☐ ☒
within the facility.
(b) Grievance System Abuse:
The facility may establish written policy and procedure to
☐ ☒
control the submission of an excessive number of
grievances.
1080 RULES AND DISCIPLINARY PENALTIES MCJ Operations Manual 08.05.00 – Disciplinary
If discipline is NOT administered, written policy should Action. Members of the Monterey Police
indicate as such. If discipline is administered, Sections Department shall not administer any type of
1080, 1081, 1082, 1083 and 1084 apply. discipline.
☐ ☐ ☒
Wherever discipline is administered, each facility
administrator shall establish written rules and disciplinary
penalties to guide inmate conduct.
Such rules and disciplinary penalties shall be stated simply
and affirmatively, and posted conspicuously in housing units ☐ ☐ ☒
and the booking area or issued to each inmate upon booking.
For those inmates who are illiterate or unable to read
English, and for persons with disabilities, provision shall be
made for the jail staff to instruct them verbally or provide ☐ ☐ ☒
them with material in an understandable form regarding jail
rules and disciplinary procedures and penalties.
1081 PLAN FOR INMATE DISCIPLINE MCJ Operations Manual 08.05.00 – Disciplinary
Action. Members of the Monterey Police
Each facility administrator shall develop written policies and ☐ ☐ ☒ Department shall not administer any type of
discipline.
procedures for inmate discipline. The plan shall include, but
not be limited to, the following elements:
(a) Temporary Loss of Privileges: For minor acts of non-
conformance or minor violations of facility rules, staff may
impose a temporary loss of privileges, such as access to
☐ ☐ ☒
television, telephones, commissary, or lockdown for less
than 24 hours, provided there is written documentation and
supervisory approval.
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(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 This is a Type 1 facility that does not hold
shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ sentenced inmate workers.
consequences.
Staff shall not participate in disciplinary review if they are
☐ ☐ ☒
involved in the charges.
Such charges pending against an inmate shall be acted on
with the following provisions and within specified ☐ ☐ ☒
timeframes:
1. A copy of the report, and/or a separate written notice
☐ ☐ ☒
of the violation(s), shall be provided to the inmate.
2. Unless declined by the inmate, a hearing shall be
provided no sooner than 24 hours after the report has
been submitted to the disciplinary officer and the inmate
has been informed of the charges in writing. The hearing ☐ ☐ ☒
may be postponed or continued for a reasonable time
through a written waiver by the inmate, or for good
cause.
3. The inmate shall be permitted to appear on his/her
own behalf at the time of hearing and present witnesses
and documentary evidence. The inmate shall have ☐ ☐ ☒
access to staff or inmate assistance when the inmate is
illiterate or the issues are complex.
4. A charge(s) shall be acted on no later than 72 hours
after an inmate has been informed of the charge(s) in ☐ ☐ ☒
writing.
5. Subsequent to final disposition of disciplinary
charges by the disciplinary officer, the charges and the
☐ ☐ ☒
action taken shall be reviewed by the facility manager
or designee.
6. The inmate shall be advised in a written statement by
the fact-finders about the evidence relied on and the
☐ ☐ ☒
reasons for the disciplinary action. A copy of the record
shall be kept pursuant to Penal Code Section 4019.5.
7. There shall be a policy of review and appeal to a
☐ ☐ ☒
supervisor on all disciplinary action.
(c) Nothing in this section precludes a facility administrator
from administratively segregating any inmate from the
general population or program for reasons of personal,
mental, or physical health, or under any circumstance in ☐ ☐ ☒
which the safety of the inmates, staff, program, or
community is endangered, pending disciplinary action or a
review as required by Section 1053 of these regulations.
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(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 MCJ Operations Manual 08.05.00 – Disciplinary
Action. Members of the Monterey Police
Department shall not administer any type of
The degree of punitive actions taken by the disciplinary
discipline.
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 MCJ Operations Manual 08.05.00 – Disciplinary
ACTIONS Action. Members of the Monterey Police
Department shall not administer any type of
discipline.
The Penal Code and the State Constitution expressly prohibit
all cruel and unusual punishment. Additionally, there shall
be the following limitations:
(a) If an inmate is on disciplinary separation status for 30
☐ ☐ ☒
consecutive days there shall be a review by the facility
manager before the disciplinary separation status is
continued. This review shall include a consultation with
health care staff. Such reviews shall continue at least every
fifteen days thereafter until the disciplinary status has ended.
This review shall be documented.
(b) The disciplinary separation cells or cell shall have the
minimum furnishings and space specified in Title 24, Part 2,
1231.2.6 and 2.7. Occupants shall be issued clothing and
bedding as specified in Articles 13 and 14 of these
regulations and shall not be deprived of them through any
☐ ☐ ☒
portion of the day except that those inmates who engage in
the destruction of bedding or clothing may be deprived of
such articles. The decision to deprive inmates of such
articles of clothing and bedding shall be reviewed by the
facility manager or designee during each 24-hour period.
(c) The delegation of authority to any inmate or group of
inmates to exercise the right of punishment over any other ☐ ☐ ☒
inmate or group of inmates (Penal Code section 4019.5)
(d) In no case shall a safety cell, as specified in Title 24, Part
2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒
purposes.
(e) No inmate may be deprived of the implements necessary
to maintain an acceptable level of personal hygiene as ☐ ☐ ☒
specified in Section 1265 of these regulations
(f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒
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(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 MCJ Operations Manual 08.05.00 – Disciplinary
Action. Members of the Monterey Police
Department shall not administer any type of
Penal Code Section 4019.5 requires that a record is kept of
all disciplinary infractions and punishment administered ☐ ☐ ☒ discipline.
therefore. This requirement may be satisfied by retaining
copies of rule violation reports and report of the disposition
of each.
DETENTION OF MINORS
YES NO COMEMNTS
Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring
Inspection Report.
The Juvenile Justice and Delinquency Prevention Act
(JJDPA) establishes the following federal standards on the
detention of minors:
(1) Deinstitutionalization of Status Offenders ☒ ☐
(2) Separation
(3) Jail Removal (6-hour limit)
The JJDPA requires an annual inspection on the federal
standards for facilities that hold minors in secure detention.
Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9
inspection.
Penal Code Section 6030 and 6031.4 require the biennial
inspection of local detention facilities that hold minors in
secure detention in the jail. Title 15, Article 9 establishes
the minimum standards of how facilities hold minors in ☒ ☐
temporary custody in the jail.
Facilities that do not hold minors in the jail are not subject
to Title 15, Article 9 biennial inspections.
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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 MCJ Operations Manual 06.05.00 – Death of a
MINOR IN AN ADULT DETENTION Prisoner
FACILITY
Monterey Police Department Policy Manual
☒ ☐ ☐ #311.13 – Suicide attempt, death, or serious
The facility administrator shall develop policy and procedures
injury of a juvenile
for notification of the court of jurisdiction and the parent,
guardian, or person standing in loco parentis, in the event of a
suicide attempt, serious illness, injury or death of a minor in
custody.
1142 WRITTEN POLICIES AND PROCEDURES MCJ Operations Manual 08.00.00 – Juvenile
Prisoner Overview
The facility administrator shall develop written policies and ☒ ☐ ☐
procedures concerning minors being held in temporary
custody which shall address:
(a) suicide risk and prevention; ☒ ☐ ☐ MCJ Operations Manual 08.06.00
(b) use of restraints; ☒ ☐ ☐ MCJ Operations Manual 08.07.00
(c) emergency medical assistance and services; and, ☒ ☐ ☐ MCJ Operations Manual 08.06.00
(d) prohibiting use of discipline. ☒ ☐ ☐ MCJ Operations Manual 08.05.00
1143 CARE OF MINORS IN TEMPORARY
CUSTODY
☒ ☐ ☐
(a) The following shall be made available to all minors held in
temporary custody:
(1) access to toilets and washing facilities; ☒ ☐ ☐ MCJ Operations Manual 08.09.00
(2) one snack upon request during term of temporary MCJ Operations Manual 08.09.00
custody if the minor has not eaten within the past four (4) ☒ ☐ ☐
hours or is otherwise in need of nourishment;
(3) access to drinking water; and, ☒ ☐ ☐ MCJ Operations Manual 08.09.00
(4) privacy during consultation with family, guardian, MCJ Operations Manual 08.09.00
☒ ☐ ☐
and/or lawyer.
(5) blankets and clothing, as necessary, to assure the MCJ Operations Manual 08.11.00
☒ ☐ ☐
comfort of the minor; and,
(6) his or her personal clothing unless the clothing is MCJ Operations Manual 08.11.00
inadequate, presents a health or safety problem, or is ☒ ☐ ☐
required to be utilized as evidence of an offense.
1144 CONTACT BETWEEN MINORS AND MCJ Operations Manual 08.10.00 – Contact
ADULT PRISONERS Between Juvenile and Adult Prisoners
☒ ☐ ☐
The facility administrator shall establish policies and
procedures to restrict contact, as defined in Section 1006,
between minors and adults confined in the facility.
In situations where brief or accidental contact may occur, MCJ Operations Manual 08.10.00 – Contact
such as booking or facility movement, facility staff (trained Between Juvenile and Adult Prisoners
in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐
by-side presence with the minor or the adult to prevent
sustained contact.
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TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY
Completed only if minors are held in the jail cell(s) of the Temporary Holding facility.
YES NO N/A P/P/REFERENCE - COMMENTS
1145 DECISION ON SECURE CUSTODY MCJ Operations Manual 08.01.00 – Juveniles
Arrested for Law Violations
A minor who is taken into temporary custody by a peace
officer on the basis that he or she is a person described by
Section 602 of the Welfare and Institutions Code may be held
in secure custody in a law enforcement facility that contains a
lockup for adults if the minor is 14 years of age or older and
if, in the reasonable belief of the peace officer, the minor
presents a serious security risk of harm to self or others, as
long as all other conditions of secure custody set forth in these ☒ ☐ ☐
standards are met. Any minor in temporary custody who is
less than 14 years of age, or who does not in the reasonable
belief of the peace officer present a serious security risk of
harm to self or others, shall not be placed in secure custody,
but may be kept in non-secure custody in the facility as long
as all other conditions of non-secure custody set forth in these
standards are met.
Minors in secure detention are 14 years of age or older.
In making the determination whether the minor presents a MCJ Operations Manual 08.01.00 – Juveniles
serious security risk of harm to self or others, the officer may Arrested for Law Violations
☒ ☐ ☐
take into account the following factors:
(a) age, maturity, and delinquent history of the minor;
(b) severity of the offense(s) for which the minor was MCJ Operations Manual 08.01.00 – Juveniles
☒ ☐ ☐
taken into custody; Arrested for Law Violations
(c) minor's behavior, including the degree to which the MCJ Operations Manual 08.01.00 – Juveniles
☒ ☐ ☐
minor appears to be cooperative or non-cooperative; Arrested for Law Violations
(d) the availability of staff to provide adequate MCJ Operations Manual 08.01.00 – Juveniles
☒ ☐ ☐
supervision or protection of the minor; and, Arrested for Law Violations
(e) the age, type, and number of other individuals who MCJ Operations Manual 08.01.00 – Juveniles
☒ ☐ ☐
are detained in the facility. Arrested for Law Violations
1146 CONDITIONS OF SECURE CUSTODY MCJ Operations Manual 08.11.00 – Secure
Detention
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 MCJ Operations Manual 08.11.00 – Secure
CUSTODY INSIDE A LOCKED Detention
ENCLOSURE
☒ ☐ ☐
(a) Minors shall receive adequate supervision which, at a
minimum, includes:
(1) constant auditory access to staff by the minor; MCJ Operations Manual 08.11.00 – Secure
☒ ☐ ☐
and, Detention
(2) safety checks, as defined in Section 1006, of the MCJ Operations Manual 08.11.00 – Secure
minor by staff of the law enforcement facility, at Detention
least once every 30 minutes, which shall be ☐ ☒ ☐ Minors in Secure Detention Log for December
documented. 2018, showed there were minors held in secure
detention, but no safety checks were indicated.
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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
(b) Males and females shall not be placed in the same MCJ Operations Manual 08.11.00 – Secure
locked room unless under constant direct visual ☒ ☐ ☐ Detention
observation by staff of the law enforcement facility.
1148 SUPERVISION OF MINORS IN SECURE MCJ Operations Manual 08.11.00 – Secure
CUSTODY OUTSIDE OF A LOCKED Detention, Secure Detention Outside of a
ENCLOSURE Locked Enclosure
☒ ☐ ☐
Minors held in secure custody outside of a locked
enclosure shall not be secured to a stationary object for
more than 60 minutes unless no other locked enclosure is
available.
A staff person from the facility shall provide constant MCJ Operations Manual 08.11.00 – Secure
direct visual observation to assure the minor's safety while ☒ ☐ ☐ Detention, Secure Detention Outside of a
secured to a stationary object. Locked Enclosure
Securing minors to a stationary object for longer than 60 MCJ Operations Manual 08.11.00 – Secure
minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ Detention, Secure Detention Outside of a
approved by a supervisor. Locked Enclosure
The decision for securing a minor to a stationary object for Watch Commanders shall evaluate and approve
longer than 60 minutes, and every 30 minutes thereafter shall continued detention at the conclusion of the 60
☒ ☐ ☐
be based upon the best interests of the minor and shall be minutes and every 30 minutes thereafter based on
documented. the best interest of the minor.
1149 CRITERIA FOR NON-SECURE MCJ Operations Manual 08.12.00 – Non-Secure
CUSTODY Detention-Definition
In practice, minors are taken into the secure
Minors held in temporary custody, who do not meet the facility and placed in an open room awaiting
criteria for secure custody as specified in Section 207.1(d) ☐ ☒ ☐ interviews with arresting officer or detectives.
of the Welfare and Institutions Code, may be held in non- They are separated from Adult Inmates but
secure custody to investigate the case, facilitate release of cannot leave the facility, which is locked.
the minor to a parent or guardian, or arrange for transfer of When this occurs, the agency is non-compliant.
the minor to an appropriate juvenile facility.
1150 SUPERVISION OF MINORS IN NON- MCJ Operations Manual 08.12.00 – Non-Secure
SECURE CUSTODY Detention-Definition
Minors held in non-secure custody shall receive constant
direct visual observation by staff of the law enforcement ☒ ☐ ☐
facility. Entry and release times shall be documented and
made available for review. Monitoring a minor using
audio, video, or other electronic devices shall never replace
constant direct visual observation.
1151 MINORS UNDER THE INFLUENCE OF MCJ Operations Manual 08.08.00 - Medical
ANY INTOXICATING SUBSTANCE IN SECURE OR assistance and services
NON-SECURE CUSTODY
Facility administrators shall develop policies and procedures ☒ ☐ ☐
providing that a medical clearance shall be obtained for
minors who are under the influence of drugs, alcohol or any
other intoxicating substance to the extent that they are unable
to care for themselves.
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TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY
Completed only if minors are held in the jail cell(s) of the Temporary Holding facility.
YES NO N/A P/P/REFERENCE - COMMENTS
Supervision of minors in secure custody in a locked room MCJ Operations Manual 08.08.00 – Medical
who display outward signs of being under the influence of assistance and services
drugs, alcohol or any other intoxicating substance shall
include safety checks at least once every 15 minutes until ☒ ☐ ☐
resolution of the intoxicated state or release. These safety
checks shall be documented, with actual time of occurrence
recorded.
Supervision of minors in secure custody outside of a locked MCJ Operations Manual 08.08.00 – Medical
room who display outward signs of being under the assistance and services
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 MCJ Operations Manual 08.08.00 – Medical
outward signs of being under the influence of drugs, alcohol assistance and services
☒ ☐ ☐
or any other intoxicating substance shall be supervised in
accordance with Section 1150.
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Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The
following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its
provisions (WIC 209[b]).
WELFARE AND INSTITUTIONS CODE VIOLATION
N/A P/P/REFERENCE - COMMENTS
SECTION 207.1 NO YES
207.1(d)(1)(A) TEMPORARY CUSTODY
Minors (14 years of age and older) are held only for
investigating the case, facilitating release to a parent or ☒ ☐ ☐
guardian, or arranging transfer to an appropriate juvenile
Number of violations: 0
facility.
207.1(d)(1)(B) SECURE CUSTODY
Minors have been detained in secure custody in the law ☒ ☐ ☐
enforcement facility for longer than six hours. Number of violations: 0
207.1(d)(1)(C) ADVISEMENTS
The minor is informed at the time he or she is securely
detained of the purpose of the secure detention, of the
☒ ☐ ☐
length of time the secure detention is expected to last, and
Number of violations: 0
of the maximum six-hour period and secure detention is
authorized to last.
207.1(d)(1)(D) CONTACT BETWEEN MINOR AND
ADULTS
Contact between the minor and adults confined in the ☒ ☐ ☐
facility is restricted in accordance with WIC Section Number of violations: 0
208.
207.1(d)(1)(E) SUPERVISION
☐ ☒ ☐
The minor is adequately supervised. Number of violations: 1
207.1(d)(1)(F) LOGS
A log or other written record is maintained by the law
enforcement agency showing the offense that is the basis
for the secure detention in the facility, the reasons and ☒ ☐ ☐
circumstances forming the basis for the decision to place
the minor in secure detention, and the length of time the
Number of violations: 0
minor was securely detained.
207.1(d)(2) NON-SECURE CUSTODY
Minors have been detained in non-secure custody in the ☒ ☐ ☐
law enforcement facility for longer than six hours. Number of violations: 0
Submit completed report to the CM Analyst.
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ADULT TYPE I, II, III AND IV FACILITIES
PHYSICAL PLANT EVALUATION
Board of State and Community Corrections
Applicable Title 24 Regulations: PRE-73; 4/73
BSCC Code: 3320
FACILITY NAME: Monterey City Jail FACILITY TYPE: IJ
APPLICABLE REGULATIONS (Check All That Apply): PRE-73: X Post 4/73: OTHER:
FIELD REPRESENTATIVE: Dale Miller DATE: 12/5/2019
TITLE 24 SECTION YES NO N/A COMMENTS
Holding Cells (2.2)
X No holding cells.
Contain 10 square feet of floor per inmate
Capacity not to exceed ten (10) persons
X
4-73: Capacity limitation deleted
Sufficient fixed benches to accommodate cell capacity X
Toilet accessible X
Water fountain accessible X
Wash basin accessible
X
3.12 Weapons Locker (3.12)
External to the security area and equipped with individual X
compartments, locks and keys
Sobering Cells (2.4)
01: name change to “Sobering Cell”
X No sobering cell.
Limited to no more than 15 inmates
4-73: Capacity limited to 16 inmates
Contain 15 square feet of floor per inmate X
Contain toilet
X
4-73: 1:8 ratio
Contain washbasin
X
4-73: 1:8 ratio
Contain drinking fountain X
Adequate visual observation X
Padding recommended
4-73: Padding required X
Shower-Delousing Room (3.4)
Residential style shower and bath, located by the
X
Available in booking/reception kitchen storage room.
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TITLE 24 SECTION YES NO N/A COMMENTS
Secure Vault or Storage Space (2.1)
Available for inmate valuables
X Located in locked room inside the booking room.
Telephone (2.1)
X
Available for inmate use per Penal Code § 851.5
Single Occupancy Cells (2.6)
X
Maximum capacity of one inmate.
A minimum width of 6 feet, length of 7.5 feet and height of
8 feet
X
4-73: Minimum width of 6 feet, length 8 feet and height of
8 feet, OR clear floor area of 43 square feet
Contain toilet and washbasin and drinking fountain X
Contain a bunk capable of accommodating a standard 30" X
76" mattress X
Multiple Occupancy Cells (8227)
X
A capacity of more than 2 persons
4-73: Capacity between 4-16 inmates
A minimum of 500 cubic feet of air space per inmate
X
4-73: Minimum of 25 square feet floor space per inmate
Toilet and washbasin
X
4-73: 1:8 ratio
Drinking fountain X
Contain a bunk capable of accommodating a standard 30" X
76" mattress X
Safety Cells (2.5)
X No safety cell.
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 X
4-73: Illumination provided by variable intensity light
X
fixture operable from outside the cell.
Dormitory (2.8)
X
Capacity of 4-50 inmates
4-73: Capacity limitation deleted
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TITLE 24 SECTION YES NO N/A COMMENTS
500 cubic feet of air space per inmate
X
4-73: 40 square feet per inmate
A least 10 foot ceilings if double bunked X
4-73: Toilet and Washbasin ratio at 1:8 ratio
X
01: Ratio changed to 1:10
4-73: Drinking fountain
X
Showers (3.4)
Residential style shower and bath, located by the
4-73: Available at 1:16 ratio X
kitchen storage room.
94: Ratio changed to 1:20
Lighting (3.6)
X
4-73: Sufficient to permit easy reading
4-73: Night lighting is sufficient to allow good supervision
X
Comfortable Living Environment (102(c)6
4-73: A comfortable living environment is maintained X
through an adequate heating and cooling system
Dayrooms (2.9)
Available for inmates in single cells, multiple cells and
dormitories X
4-73: 25 square feet dayroom space per inmate in Type II
and III facilities and inmate workers in Type I
Exercise Area (2.10)
Available in Type II and III facilities X
4-73: Minimum of 30 feet X 50 feet X 15 feet
Program Space -Type II and III (2.11)
Available in Type II and III facilities
X
4-73: Sufficient area and furnishing s to meet needs
Dining Facilities (2.17)
15 square feet per person served (in facilities for 100
persons or more) X
4-73: Toilets, washbasins and showers are not in the same
room or not in view of inmates dining
Visiting (2.18)
X Public access through sally port.
Visiting area
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TITLE 24 SECTION YES NO N/A COMMENTS
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)
Audio in cells. Video in each cell and hallway.
Located in all inmate housing units and capable of alerting X System monitors located in booking area, watch
staff in a central control commander’s office, and front counter area.
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
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ADULT DETENTION FACILITY
LIVING AREA SPACE EVALUATION
BOARD OF STATE AND COMMUNITY CORRECTIONS
BSCC Code: 3320
FACILITY: Monterey City Jail TYPE: IJ RC: 10
FIELD REPRESENTATIVE: Dale Miller DATE: 12/5/2019
ROOMS EACH ROOM
Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES*
Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S
Detention Multiple 1963 1 4 4 4 13.8’ x 18.8’ x 8.6’ 1 1 1
B
Notes: Dorm contains 2,166 cubic feet of air space which is sufficient for four persons. In 2016-18, evaluation stated there were 6
beds in the cell. In the 2018-20 assessment, there were only 4 mattresses in the cell. The area is a long/wide bench with space for 4
mattresses.
Detention Single 1963 3 1 1 3 6.0’ x 7.6’ x 8.6” 1 1 1
M
Notes: Meets requirements for a standard single occupancy cell
Detention Single 1963 3 1 1 3 6.4’ x 7.6’ x 8.6” 1 1 1
F
Notes: M and F cells meets the requirements for a standard single-occupancy cells. One shower is available.
2018-20: Detention locations have been renamed to reflect the agency’s designations. Gender specification has been removed,
agency used cells as needed to separate pending classification of the inmate population.
*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.
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