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

Board of State and Community Corrections · inspection-monterey-county-monterey-city-police-department-2020-2022 · Facility inspection · 2021-05-25 · Monterey County, Monterey City Police Department

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May 25, 2021 Dave Hober, Chief Monterey City Police Department 351 Madison Street Monterey, CA 93940 2020-2022 BIENNIAL INSPECTION OF MONTEREY CITY POLICE DEPARTMENT, MONTEREY CITY PUBLIC SAFETY FACILITY JAIL, PENAL CODE 6031 Dear Chief Hober: On April 14, 2021 staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Monterey City Public Safety Building Jail. A pre-inspection briefing was held on February 25, 2021. 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 pursuant 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; a Physical Plant Evaluation outlining Title 24 requirements for design; and a 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. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facility. Local inspection reports are forwarded to your office under a separate cover. Each of the local inspections were current. Inspection Date Fire and Life Safety April 6, 2021 Medical and Mental Health March 8, 2021 (Health Dept. Directed Self-Inspection) Nutritional Health March 11, 2021 (Health Dept. Directed Self-Inspection) Environmental Health April 6, 2021 (Health Dept. Directed Self-Inspection) 3320 Monterey City IJ LTR 20-22 Chief Hober Monterey City Police Department Page 2 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 inspection to the Monterey County Health Department. BSCC INSPECTION The inspection consisted of a review of the Monterey City Police Department Operations Manual that applies to Jail Operations, a site visit to review operations, physical plant and relevant documentation, and interviews with administration and facility staff. 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 and your rated capacity remains at 10. We found no items of noncompliance. Technical assistance was again 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 2020/2021 no minors were held beyond the 6-hour limit for secure detention. Corrective Action Plan No areas of non-compliance were noted, and no corrective action required. This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Monterey Police City Jail Facility. We would like to express our gratitude to Records/Detention Manager Alma Murphy for her assistance. We look forward to working with you in the future to provide 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 IJ LTR 20-22 Chief Hober Monterey City Police Department Page 3 technical assistance. If you should have any questions, please contact me at (916) 323-2613 or email at dale.miller@bscc.ca.gov Sincerely, Digitally signed by Dale A. Miller Dale A. Miller Date: 2021.05.25 09:41:46 -07'00' DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Monterey* City Manager, City of Monterey* Presiding Judge, Superior Court, County of Monterey* Alma Murphy, Records/Detention Manager, Monterey City Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 3320 Monterey City IJ LTR 20-22 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3320 FACILITY NAME: Monterey City Police Department FACILITY TYPE: IJ PERSON(S) INTERVIEWED: Alma Murphy, Records and Detention Manager FIELD REPRESENTATIVE: Dale Miller DATE: April 14, 2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 Monterey City Jail Operations Manual (JOM) 01.04.00: Custodial officers shall complete (a) In addition to the provisions of California Penal Code the Corrections Officer Core Course within Section 831.5, all custodial personnel of a Type I, II, III, or ☒ ☐ ☐ one year from their date of assignment/hiring. IV facility shall successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title Agency was compliant with Standards for 15, CCR, within one year from the date of assignment. Training in Corrections (STC) for 2019-2020. (b) Custodial Personnel who have successfully completed 01.04.00: Officer’s serving as Custodial the course of instruction required by Penal Code Section Personnel shall successfully complete the 832.3 shall also successfully complete the “Corrections Corrections Officer Basic Academy ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as Supplemental Core Course within one year described in Section 180 of Title 15, CCR, within one year from the date of assignment. from the date of assignment. 1021 JAIL SUPERVISORY TRAINING The current Records and Detention Manager has completed the Correctional Officer Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ CORE. 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 current Manager has only been in the jail shall also be required to complete either the STC position for two months. When the Manager Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ is not present, the Patrol Watch Commander CCR) or the POST supervisory course within one year from supervises the Custody Officers in the Jail. date of assignment. 1023 JAIL MANAGEMENT TRAINING The current Manager has only been in the position for two months. She is currently scheduled to attend the Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ Manager/Administrator CORE Course. described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1025 CONTINUING PROFESSIONAL TRAINING BSCC Standards for Training and Corrections (STC) found the Agency Compliant for 2019- 2020. 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. 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. 3320 Monterey City IJ PRO 20-22 - 1 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL There are currently 10 personnel assigned to the Records/Detention Unit. Of those assigned, 40% are female. A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. Whenever there is an inmate in custody, there shall be at Whenever there is a prisoner in custody, there least one employee on duty at all times in a local detention shall always be at least one jailer on duty of facility or in the building which houses a local detention ☒ ☐ ☐ the same gender who shall be immediately facility who shall be immediately available and accessible to available and accessible to prisoners in the inmates in the event of an emergency. event of an emergency. Such an employee shall not have any other duties which 01.04.00: Jailers shall not have any other would conflict with the supervision and care of inmates in duties which would conflict with the ☒ ☐ ☐ the event of an emergency. supervision and care of inmates in the event of an emergency. Whenever one or more female inmates are in custody, there 06.01.00: Same Gender Jailers shall be at least one female employee who shall be Whenever there is a prisoner in custody, there immediately available and accessible to such females. shall be at least one jailer on duty of the same Note: Reference PC§ 4021. gender at all times. In the event that this ☒ ☐ ☐ same gender requirement cannot be met, the Jail will be closed for that gender and any prisoners of that gender shall be transported to the County Jail. To determine if there is a sufficient number of personnel for BSCC Staff reviewed staffing and it appears a specific facility, the facility administrator shall prepare and sufficient for this facility and its operation. 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 06.02.00: Jail Inspections When any adult prisoner is in custody, the Safety checks shall be conducted at least hourly through jailer shall conduct periodic Jail / prisoner direct visual observation of all inmates. There shall be no safety inspections. Jail / prisoner safety more than a 60-minute lapse between safety checks. inspections shall be conducted at least hourly through direct visual observation of all ☒ ☐ ☐ inmates. There shall be no more than a 60- minute lapse between such jail inspections. Intermittent visual supervision of all prisoners shall be accomplished as much as possible. BSCC staff reviewed all safety checks for January, February, and March 2021. Checks were all completed in accordance with policy. There is a written plan that includes the documentation of 06.02.00: Jail Inspections routine safety checks. ☒ ☐ ☐ Jailers shall note cell check times on the Security/Welfare Status forms. 1028 1028 FIRE AND LIFE SAFETY STAFF All jail staff has completed the STC certified Correctional Officer CORE that includes fire and life safety. 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 person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 3320 Monterey City IJ PRO 20-22 - 2 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 3 The Monterey City Police Department uses the Monterey Police Department Policy Manual (DPM) to cover some of the Title 15 Facility administrator(s) shall develop and publish a manual and Title 24 requirements. The DPM was last of policy and procedures for the facility. The policy and reviewed and updated December 7, 2020. procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed In addition, the Monterey City Jail Operations and updated at least every two years. Such a manual shall be Manual (JOM) contains specific guidelines made available to all employees. for the jail operations. The JOM is dated 2019. ☒ ☐ ☐ 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 DPM 200: Organization and Administration communications. ☒ ☐ ☐ JOM 01.05.01: Monterey City Jail – Chain of Command (2) Inspections and operations reviews by the facility JOM 01.05.03 Watch Commander ☒ ☐ ☐ administrator/manager. Responsibilities (3) Policy on the use of force. DPM 300: Use of Force ☒ ☐ ☐ JOM 06.04.00: Use of Force (4) Policy on the use of restraint equipment, including the JOM 06.04.00: Use of Force restraint of pregnant inmates as referenced in Penal Code Prisoners brought to the Monterey City Jail ☒ ☐ ☐ Section 3407. are not to be restrained beyond routine handcuffing or necessary control holds. (5) Procedure and criteria for screening newly received JOM 09.05.00: Own Recognizance Release inmates for release per Penal Code sections 849(b)(2) and JOM 09.06.00: Release under P.C. 849(b)(2) ☒ ☐ ☐ 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, ☒ ☐ ☐ JOM 0600.02: Midnight Population Log (B) searches of the facility and inmates, DPM 901: Custody Searches ☒ ☐ ☐ JOM 06.03.00: Prisoner Searches and Cell Inspections (C) contraband control, and, DPM 901: Custody Searches ☒ ☐ ☐ JOM 03.04.08: Contraband and Evidence (D) key control. ☒ ☐ ☐ JOM 02.01.04: Jail Keys Each facility administrator shall, at least annually, review, The Records/Jail Manager completed the evaluate, and make a record of security measures. The review annual review in April 2021. and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: JOM 06.06.01: Jail Fire (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ JOM 06.06.04: Jail Disturbances (C) mass arrests; ☒ ☐ ☐ JOM 06.06.04: Jail Disturbances (D) natural disasters; ☒ ☐ ☐ JOM 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. 3320 Monterey City IJ PRO 20-22 - 3 - A352 Type 1 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, JOM 02.01.06: Jail Alarm System ☒ ☐ ☐ JOM 02.02.00: Jail Inspections (F) storage, issue, and use of weapons, ammunition, JOM 02.01.01: Firearms and Weapons in the ☒ ☐ ☐ chemical agents, and related security devices. Jail - Prohibited (8) Suicide Prevention. ☒ ☐ ☐ JOM 07.10.00 Suicide Risk and Prevention (9) Segregation of Inmates. JOM 05.00.00 Segregation and Classification ☒ ☐ ☐ of Prisoners (10) Zero tolerance in the prevention of sexual abuse and DPM 902: Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond DPM 902: Prison Rape Elimination to retaliation against any staff or inmate after reporting ☒ ☐ ☐ DPM 1004: Anti-Retaliation any abuse. (e) The manual for Temporary Holding, Court Holding, DPM 902.4: Reporting Sexual Abuse, Type I, II, III, and IV facilities shall provide for, but not be Harassment, and Retaliation limited to, the following: Detainees or prisoners may make reports to (1) multiple internal ways for inmates to privately report any staff member verbally, in writing, sexual abuse and sexual harassment, retaliation by other privately, or anonymously. inmates or staff for reporting sexual abuse and sexual Department shall notify all prisoners of the harassment, and staff neglect or violation of ☒ ☐ ☐ zero-tolerance policy regarding sexual abuse responsibilities that may have contributed to such and sexual harassment, and of at least one incidents, way to report abuse or harassment to a public or private entity. No Tolerance signs have been posted to notify the inmates of the policy and how to report sexual assault or harassment. (2) a method for uninvolved inmates, family, DPM 902.4.1: Member Responsibilities community members, and other interested third parties Department members shall accept reports to report sexual abuse or sexual harassment. The from detainees, prisoners and third parties method for reporting shall be publicly posted at the and shall promptly document all reports. ☒ ☐ ☐ facility. No Tolerance signs are now posted in the lobby to inform the public of the policy and how to report incidents of how to report sexual assault or harassment. 1030 SUICIDE PREVENTION PROGRAM JOM 07.10.00: Suicide Risk and Prevention Prisoners at risk of suicide shall not to be confined at the Monterey City Jail. Jailers The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, shall be aware that there may be situations ☒ ☐ ☐ in conjunction with the health authority and mental health where a prisoner is confined in the Jail with director, to identify, monitor, and provide treatment to those no initial indications of being a suicide risk. inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct All jailers having contact with prisoners will contact with inmates. have Critical Incident Training in conjunction ☒ ☐ ☐ with the Monterey County Health authority and mental health director, to identify those inmates who present a suicide risk. (b) Intake screening for suicide risk immediately upon The jailer shall make an assessment of the intake and prior to housing assignment. suicide potential of every prisoner booked ☒ ☐ ☐ into the jail. The evaluation should be noted in the booking record. (c) Provisions facilitating communication among JOM 07.10.00: Suicide Risk and Prevention arresting/transporting officers, facility staff, medical and Any information regarding the inmate’s mental health personnel in relation to suicide risk. ☒ ☐ ☐ desire to harm himself or herself shall be communicated between the jailer and the transporting officer. 3320 Monterey City IJ PRO 20-22 - 4 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Housing recommendations for inmates at risk of suicide. Prisoners deemed a suicide risk shall be ☒ ☐ ☐ visually checked no more than every 10 minutes. (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ (f) Suicide attempt and suicide intervention policies and JOM 07.10.01: Suicide and Attempts ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ JOM 07.10.01: Suicide and Attempts (h) Multi-disciplinary administrative review of suicides and JOM 06.05.00: Death of Prisoner attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 1032 FIRE SUPPRESSION PREPLANNING JOM 06.06.00: Emergency Procedures JOM 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 JOM 06.06.00: Emergency Procedures department to be included as part of the policy and procedures ☒ ☐ ☐ JOM 06.06.01: Jail Fire manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a JOM 03.04.09: Booking Documentation and monthly basis with two-year retention of the inspection Related Processing record; Monthly MPD Inspection Sheet - The jailer shall make the specified monthly inspections ☒ ☐ ☐ on the first day of each month. BSCC Staff reviewed two years of fire and life safety inspections conducted by facility staff monthly. (c) fire prevention inspections as required by Health and JOM 02.02.01: Outside Inspections Safety Code Section 13146.1(a) and (b) which requires State Fire Marshal shall inspect the facility ☒ ☐ ☐ inspections at least once every two years; biennially. Last Fire Department inspection was completed on April 6, 2021. (d) an evacuation plan; and, ☒ ☐ ☐ JOM 06.06.03: Jail Evacuation (e) a plan for the emergency housing of inmates in the case of JOM 06.06.03: Jail Evacuation fire. ☒ ☐ ☐ Prisoners are transported to the County Jail if the Jail becomes inoperative. 1040 POPULATION ACCOUNTING Midnight Population Log – The senior jailer shall record the number of males, female, and juvenile persons (both secured and non- Each facility administrator shall maintain an inmate ☒ ☐ ☐ secured) who are inside the jail at 0000 hours. demographics accounting system which reflects the monthly average daily population of sentenced and non-sentenced inmates by categories of male, female and juvenile. Facility administrators shall provide the BSCC with applicable inmate demographic information as described in ☒ ☐ ☐ the Jail Profile Survey. 3320 Monterey City IJ PRO 20-22 - 5 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1041 INMATE RECORDS JOM 06.00.00: Recordkeeping JOM 06.00.03: Required Prisoner (a) Each facility administrator of a Type I, II, III or IV Documentation facility shall develop written policies and procedures for the Prisoner documentation completed during the maintenance of individual inmate records which shall ☒ ☐ ☐ booking process shall be kept in the Jail. 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, DPM 902.7.2: Data Reviews uniform data for every allegation of sexual abuse at facilities DPM 902.8: Records under its direct control and from other facilities with which The Department shall retain all written it contracts for the confinement of its inmates. The data ☒ ☐ ☐ reports from administrative and criminal collected shall include, at a minimum, the data necessary to investigations pursuant to this policy for as satisfy the reporting requirements of 34 U.S.C. section long as the alleged abuser is held or 30303(a)(1) (federal survey on sexual violence). employed by the Department, plus five years 1044 INCIDENT REPORTS JOM 02.02.04: Physical Injury to Inmates or Jailers Each facility administrator shall develop written policies and A crime report will be prepared for every procedures for the maintenance of written records and incident resulting in physical harm or serious reporting of all incidents which result in physical harm, or ☒ ☐ ☐ threat of physical harm to any jailer, inmate, serious threat of physical harm, to an employee or inmate of or person in the detention facility. The Watch a detention facility or other person. Commander may request this report be written by a Police Officer or by the jailer. A similar report will be made documenting any incident that threatens the facility. Such records shall include the names of the persons DPM 321: Report Preparation involved, a description of the incident, the actions taken, and BSCC Staff requested to review all incident ☒ ☐ ☐ the date and time of the occurrence. reports in the City Jail. There were no incidents within the last year. Such a written record shall be prepared by the staff assigned The Jailer is responsible for preparing the to investigate the incident and submitted to the facility report by documenting the incident prior to ☒ ☐ ☐ manager or his/her designee. the end of their shift if designated by the Watch Commander. 1045 PUBLIC INFORMATION PLAN JOM 06.00.07: Inspection of Records Members of the public and prisoners can Each facility administrator of a Type I, II, III or IV facility request to review a copy of this manual and shall develop written policies and procedures for the Title 15- Crime Prevention and Corrections dissemination of information to the public, to other ☒ ☐ ☐ Minimum Standards for Local Detention government agencies, and to the news media. The public and Facilities. A copy of these regulations shall inmates shall have available for review the following be available in the Records area and in the material: Jail. All Department Manuals are available on- line. (a) The State Corrections Standards Authority Minimum Title 15 and the Public Information Plan is Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ available. of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ JOM 06.00.07 (2) 1061, Inmate Education Plan ☐ ☐ ☒ Type 1 Jail, no sentenced inmates (3) 1062, Visiting ☒ ☐ ☐ JOM 06.07.01 (4) 1063, Correspondence ☒ ☐ ☐ JOM 06.07.03 (5) 1064, Library Service ☒ ☐ ☐ 3320 Monterey City IJ PRO 20-22 - 6 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) 1065, Exercise and Recreation ☒ ☐ ☐ JOM 06.08.06 (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ JOM 03.04.12 (8) 1067, Access to Telephone ☒ ☐ ☐ JOM 03.04.12 (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ JOM 03.04.12 (10) 1069, Inmate Orientation ☒ ☐ ☐ JOM 06.11.12 (11) 1070, Individual/Family Service Programs ☐ ☐ ☒ Type 1 Jail, no sentenced inmates (12) 1071, Voting ☐ ☐ ☒ Type 1 Jail, no sentenced inmates (13) 1072, Religious Observance ☒ ☐ ☐ JOM 06.08.07 (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ JOM 06.11.00 (15) 1080, Rules and Disciplinary Penalties ☒ ☐ ☐ JOM 06.00.05 (16) 1081, Plan for Inmate Discipline ☒ ☐ ☐ (17) 1082, Forms of Discipline ☒ ☐ ☐ JOM 06.00.05 (18) 1083, Limitations on Discipline ☒ ☐ ☐ (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ JOM 07.01.00 1046 DEATH IN CUSTODY JOM 06.05.00: Death of a Prisoner Within 30 days there will be a review of each (a) Death in Custody Reviews for Adults and Minors. In Custody death and the review team will include the facility administrator and/or The facility administrator, in cooperation with the health manager; the health administrator; the administrator, shall develop written policy and procedures to responsible physician; and other health care ensure that there is an initial review of every in-custody ☒ ☐ ☐ and supervision staff who are relevant to the death within 30 days. The review team shall include the incident. The death shall be reviewed to facility administrator and/or the facility manager, the health determine the appropriateness of clinical care; administrator, the responsible physician and other health whether changes to policies, procedures, or care and supervision staff who are relevant to the incident. practices are warranted; and to identify issues that require further study. Deaths shall be reviewed to determine the appropriateness of The death shall be reviewed to determine the clinical care; whether changes to policies, procedures, or appropriateness of clinical care; whether practices are warranted; and to identify issues that require ☒ ☐ ☐ changes to policies, procedures, or practices further study. are warranted; and to identify issues that require further study. (b) Death of a Minor JOM 06.05.00: Death of a Prisoner 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 If the deceased prisoner is a juvenile, an Board a copy of the report submitted to the Attorney immediate notification shall be made both to General under Government Code Section 12525. A copy the Board of Corrections Field Representative ☒ ☐ ☐ of the report shall be submitted within 10 calendar days for the County of Monterey, and the after the death. Department of Justice within ten days of the occurrence of death. (2) Upon receipt of a report of death of a minor from the Upon receipt of a report of death of a minor administrator, the Board may within 30 calendar days from the administrator, the Board may within inspect and evaluate the jail, lockup, or court holding 30 calendar days inspect and evaluate the jail. ☒ ☐ ☐ 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. 3320 Monterey City IJ PRO 20-22 - 7 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN JOM 05.00.00: Segregation and Classification of Prisoners (a) Each administrator of a temporary holding, Type I, II, or JOM 05.01.01: Crime Classification III facility shall develop and implement a written JOM 05.01.02: Violent or At-Risk Prisoners classification plan designed to properly assign inmates to JOM 05.01.03: Medical Classification housing units and activities according to the categories of sex, JOM 05.02.00: Statutory Segregation age, criminal sophistication, seriousness of crime charged, JOM 05.02.01: Contact Between Male and physical or mental health needs, assaultive/non-assaultive Female Prisoners behavior, risk of being sexually abused, or sexually harassed ☒ ☐ ☐ and other criteria which will provide for the safety of the inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall establish This is a Type 1 Facility that does not house and implement a classification system which will include the any sentenced inmates. use of classification officers or a classification committee 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 JOM 03.04.09 Booking Documentation and for male or female inmates, and in making other housing and Related Processing programming assignments, the agency shall consider on a The Monterey Police Department Jail utilizes case-by-case basis whether a placement would ensure the the initial intake questionnaire to classify ☒ ☐ ☐ inmate's health and safety, and whether the placement would inmates. Questions are taken from the present management or security problems. An inmate's own Monterey County Jail’s questionnaire and views with respect to his or her own safety shall be given includes inmate’s own views of safety. serious consideration. 1051 COMMUNICABLE DISEASES JOM 05.01.03: Medical Classification Jailers shall complete the Heath and Medical The facility administrator, in cooperation with the questionnaire located in the Trance booking responsible physician, shall develop written policies and ☒ ☐ ☐ module. There is no medical staff on duty at procedures specifying those symptoms that require the Monterey City Jail. segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be Any arrestee who has an identified made of the person being booked as to whether or not he/she communicable disease shall not be brought has or has had any communicable diseases, such as into the Monterey City Jail. Jailers will notify tuberculosis or has observable symptoms of tuberculosis or the Watch Commander and complete those any other communicable diseases, or other special medical aspects of the booking process that do not problem identified by the health authority. The response ☒ ☐ ☐ require the individual to enter the facility. shall be noted on the booking form and/or screening device. Arrestees shall be immediately transported to the County Jail. During the COVID-19 Emergency, arrestees have also been questioned concerning symptoms of the corona virus. 3320 Monterey City IJ PRO 20-22 - 8 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES JOM 05.01.03: Medical Classification Mentally ill persons likely to cause injury to The facility administrator, in cooperation with the themselves or others who require immediate responsible physician, shall develop written policies and ☒ ☐ ☐ care, treatment, or restraint shall be procedures to identify and evaluate all mentally disordered immediately segregated and transported to the inmates, and may include telehealth. County Jail or to the appropriate mental health facility. If an evaluation from medical or mental health staff is not JOM 05.01.03: Medical Classification readily available, an inmate shall be considered mentally Section 5150 of the Welfare and Institutions disordered for the purpose of this section if he or she appears Code provides the criteria for determining to be a danger to himself/herself or others or if he/she mental fitness. appears gravely disabled. ☒ ☐ ☐ In practice, any prisoner that is suspected to An evaluation from medical or mental health staff shall be have a mental disorder is taken to a mental secured within 24 hours of identification or at the next daily health facility, hospital, or county jail. sick call, whichever is earliest. Segregation may be used if necessary, to protect the safety ☒ ☐ ☐ of the inmate or others. 1053 ADMINISTRATIVE SEGREGATION JOM 05.01.00 Administrative Segregation Administrative segregation means the Except in Type IV facilities, each facility administrator shall physical separation of different types of develop written policies and procedures which provide for prisoners from each other. Administrative the administrative segregation of inmates who are segregation shall be provided as follows: determined to be prone to: promote activity or behavior that JOM 05.01.01: Crime Classification is criminal in nature or disruptive to facility operations; JOM 05.01.02: Violent or At-Risk Prisoners demonstrate influence over other inmates, including JOM 05.01.03: Medical Classification influence to promote or direct action or behavior that is ☒ ☐ ☐ - Communicable Disease criminal in nature or disruptive to the safety and security of - Pregnancy other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or - Withdrawal participation in a conspiracy to assault or harm other inmates - Handicapped or facility staff; or likely to need protection from other - Mental Illness inmates, if such administrative segregation is determined to - Intoxication 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 have 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 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. 3320 Monterey City IJ PRO 20-22 - 9 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 This facility does not have a safety cell as provided with a suitably designed “safety garment,” to described in Title 24, Part 2, Section provide for their personal privacy unless specific identifiable ☐ ☐ ☒ 1231.2.5. risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL This facility does not have 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 ☐ ☐ ☒ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they ☐ ☐ ☒ 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 This facility does not have a sobering cell as sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ described in Title 24, Part 2, Section Such observation shall be documented. 1231.2.4. 1057 DEVELOPMENTALLY DISABLED JOM 05.01.03: Medical Classification INMATES Developmentally disabled or handicapped persons that require on-going medical care or The facility administrator, in cooperation with the cannot be segregated from other prisoners ☒ ☐ ☐ responsible physician, shall develop written policies and shall not be housed at the Monterey City Jail. 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 In practice, any prisoner identified as center on any inmate suspected or confirmed to be developmentally disabled is transported to developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ county jail or regional center. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 3320 Monterey City IJ PRO 20-22 - 10 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES PDM 302.3: Use of Restraints JOM 06.04.00: Use of Force The facility administrator, in cooperation with the Prisoners brought to the Monterey City Jail responsible physician, shall develop written policies and are not to be restrained beyond routine ☒ ☐ ☐ procedures for the use of restraint devices and may delegate handcuffing or necessary control holds. authority to place an inmate in restraints to a responsible Prisoners who are determined to be in need of health care staff. additional physical restraint shall be transported to the appropriate facility. 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. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display Prisoners who are determined to be in need of behavior which results in the destruction of property or additional physical restraint shall be reveal an intent to cause physical harm to self or others. transported to the appropriate facility. 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 BSCC Staff requested to see logs of anyone of the facility manager, the facility watch commander, held in restraints in the jail. The Monterey responsible health care staff; continued retention shall be ☐ ☐ ☒ City Jail staff confirmed that there were no reviewed a minimum of every hour. incidents of restraints being used in the facility. 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 Prisoners who are determined to be in need of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ additional physical restraint shall be restrain inmates for security reasons. transported to the appropriate facility. 3320 Monterey City IJ PRO 20-22 - 11 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT INMATES PDM 302.3.2: Restraint of Pregnant Persons Persons who are known to be pregnant should The facility administrator, in cooperation with the be restrained in the least restrictive manner responsible physician, shall develop written policies and ☒ ☐ ☐ that is effective for officer safety. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy JOM 06.04.00: Use of Force shall include reference to the following: (1) An inmate known to be pregnant or in recovery after Leg irons, waist chains, or handcuffs behind delivery shall not be restrained by the use of leg irons, waist ☒ ☐ ☐ the body should not be used unless. chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in Pregnant Females shall not be housed in the recovery after delivery, shall not be restrained by the wrists, Monterey City Jail. If, after booking it is ankles, or both, unless deemed necessary for the safety and determined that female prisoner is pregnant, security of the inmate, the staff, or the public. the determination shall be noted on the ☐ ☐ ☒ “Medical Questionnaire” checklist. The prisoner will then be transported to County Jail, an appropriate medical facility, if warranted, or released on citation if charges permit. (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 Upon confirmation of an inmate’s pregnancy, be advised, orally or in writing, of the standards and policies she shall be advised, orally or in writing, of ☒ ☐ ☐ governing pregnant inmates. the standards and policies governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO PDM 334: Biological Samples COLLECT DNA SPECIMENS, SAMPLES, PDM 334.4.1: Collection IMPRESSIONS PDM 334.5: Use of Force to Obtain Samples If a person refuses to cooperate with the (a) Pursuant to Penal Code Section 298.1, authorized law sample collection process, officers should enforcement, custodial, or corrections personnel including ☒ ☐ ☐ attempt to identify the reason for refusal and peace officers, may employ reasonable force to collect blood seek voluntary compliance without resorting specimens, saliva samples, or thumb or palm print to using force. Force will not be used in the impressions from individuals who are required to provide collection of samples. such samples, specimens, or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of reasonable force” shall be defined as the force that an objective, trained and competent correctional employee, ☐ ☐ ☒ faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded by efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include ☐ ☐ ☒ an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written PDM 334.5: Use of Force to Obtain Samples authorization of the facility watch commander on duty. The Force will not be used in the collection of authorization shall include information that reflects the fact ☐ ☐ ☒ samples except as authorized by court order that the offender was asked to provide the requisite and only with the approval of a supervisor. specimen, sample, or impression and refused. 3320 Monterey City IJ PRO 20-22 - 12 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) If the use of reasonable force includes a cell extraction, In practice, persons who refuse to provide a the extraction shall be videotaped, including audio. Video sample are taken to county jail with shall be directed at the cell extraction event. The videotape additional resources, where an arrestee can be shall be retained by the agency for the length of time ☐ ☐ ☒ transferred to better facilitate sample required by statute. Notwithstanding the use of the video as collection. evidence in a criminal proceeding, the tape shall be retained administratively. 1062 VISITING JOM 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 JOM 06.07.01: Visitation develop and implement written policies and procedures to It shall be the policy of the Monterey City Jail allow visiting for non-sentenced detainees. The policies and to afford visiting privileges to detainees no ☒ ☐ ☐ procedures will include a schedule to assure that non- later than the next calendar day after their sentenced detainees will be afforded a visit no later than the arrest. calendar day following arrest. (c) The visiting policies developed pursuant to this section Juvenile dependent children of the prisoner shall include provision for visitation by minor children of the shall be granted visitation privileges when ☒ ☐ ☐ inmate. accompanied by a responsible adult of the prisoner’s family. (d) Video visitation may be used to supplement existing All visitation is in-person through a secure visitation programs but shall not be used to fulfill the barrier. ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an inmate. (e) Facilities shall not charge for visitation when visitors are There are no charges for visitation. onsite and participating in either in-person or video ☒ ☐ ☐ visitation. For purposes of this subsection, “onsite” is defined as the location where the inmate is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or ☐ ☐ ☒ (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video ☐ ☐ ☒ visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1 (June 2017) Mode of visitation; In-person through a barrier Visitation hours; Daily from 1300 hours to 1500 hours Time inmates are allowed for visitation; and, 30 Minutes Any restrictions on inmate visitation. Prisoners are allowed a maximum of two visits per day. 1063 CORRESPONDENCE JOM 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 There is no limitation on the amount of mail a may send or receive; ☒ ☐ ☐ prisoner is allowed to send or receive via U.S. Mail. (b) inmate correspondence may be read when there is a The Watch Commander shall approve any valid security reason, and the facility manager or his/her ☒ ☐ ☐ reviews and it shall be noted in the prisoner’s designee approves; booking record. 3320 Monterey City IJ PRO 20-22 - 13 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) jail staff shall not review inmate correspondence to or Confidential correspondence with the from state and federal courts, any member of the State Bar prisoner’s attorney, officials of the Board of or holder of public office, and the State Board of State and State & Community Corrections, and the Community Corrections; however, jail authorities may ☒ ☐ ☐ MPD Command Staff is permitted. These open and inspect such mail only to search for contraband, types of correspondence may not be reviewed cash, checks, or money orders and in the presence of the prior to mailing. 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 If a prisoner needs to correspond with his at least two postage paid envelopes and two sheets of paper attorney, the Watch Commander, upon each week to permit correspondence with family members request, shall supply writing materials. and friends but without limitation on the number of postage Postage will be at the prisoner’s own expense ☒ ☐ ☐ paid envelopes and sheets of paper to his or her attorney unless he or she does not have sufficient and to the courts. resources to pay for it. The petty cash reimbursement procedure will be utilized in this event. 1065 EXERCISE AND RECREATION JOM 06.08.06: Recreation Materials Prisoners shall have the following made (b) The facility administrator of a Type I facility shall make available to them upon request: ☒ ☐ ☐ table games and/or television available to inmates. Table Games or Playing Cards BSCC Staff verified playing cards are available. 1066 BOOKS, NEWSPAPERS, PERIODICALS, JOM 06.08.06: Recreation Materials AND WRITINGS Daily newspaper in general circulation, including a non-English language publication. (b) The facility administrator of a Type I facility shall ☒ ☐ ☐ develop and implement a written plan to make available a Magazines, assorted paperback books, and daily newspaper in general circulation, including a non- periodicals may be provided upon request. English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE JOM 03.04.12: Prisoner Telephone Calls Pursuant to 851.5 PC, immediately upon The facility administrator shall develop written policies and being booked and, except where physically ☒ ☐ ☐ procedures which allow reasonable access to a telephone impossible, no later than three hours after beyond those telephone calls which are required by Section arrest, an arrested person has the right to 851.5 of the Penal Code. make at least three completed telephone calls. 1068 ACCESS TO COURTS AND COUNSEL JOM 03.04.12: Prisoner Telephone Calls JOM 06.07.03: Prisoner Correspondence 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 ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. Calls made to a prisoner's attorney shall not ☒ ☐ ☐ be monitored, eavesdropped upon, or recorded. 1069 INMATE ORIENTATION JOM 06.11.12: Inmate Orientation In order to orient newly received inmates at (b) In Type I facilities, the facility administrator shall the time of placement in a holding area, develop written policies and procedures for a program ☒ ☐ ☐ Prisoner Rules and Orientation are posted in reasonably understandable to non-sentenced detainees to each wing of this facility. orient an inmate at the time of placement in a living area. BSCC Staff verified rules are posted in the Such a program shall be published and include, but not be housing areas. limited to, the following: (1) rules and disciplinary procedures; ☒ ☐ ☐ 3320 Monterey City IJ PRO 20-22 - 14 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) visiting rules; ☒ ☐ ☐ (3) availability of personal care items, opportunities BSCC Staff verified tampons and sanitary ☒ ☐ ☐ for personal hygiene; napkins are available to female inmates. (4) availability of reading and recreational materials; ☒ ☐ ☐ and, (5) medical/mental health procedures. ☒ ☐ ☐ 1071 VOTING This is a Type 1 Facility that does not house any sentenced inmates. The facility administrator of a Type I (holding sentenced In practice, inmates are not held in this inmate workers) II, III or IV facility shall develop written ☐ ☐ ☒ facility over 24 hours. 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 JOM 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. 1073 INMATE GRIEVANCE PROCEDURE This is a Type 1 Facility that does not house Applicable to Type I facilities holding sentenced workers. any sentenced inmates. (a) Each administrator of a Type II, III, or IV facility and All grievances are handled by the Watch Type I facilities which hold inmate workers shall develop Commander in accordance with the Police written policies and procedures whereby any inmate may Department Citizen Complaint policy. ☐ ☐ ☒ 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 JOM 08.05.00: Disciplinary Action If discipline is NOT administered, written policy should Members of the Monterey Police Department indicate as such. If discipline is administered, Sections shall not administer any type of disciple to 1080, 1081, 1082, 1083 and 1084 apply. juvenile prisoners or detainees. Any juvenile ☐ ☐ ☒ prisoner acting in such a manner that would require disciplinary action shall be Wherever discipline is administered, each facility transported to Monterey County Juvenile Hall administrator shall establish written rules and disciplinary as soon as possible. penalties to guide inmate conduct. 3320 Monterey City IJ PRO 20-22 - 15 - A352 Type 1 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 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 JOM 08.05.00: Disciplinary Action Members of the Monterey Police Department Each facility administrator shall develop written policies and ☐ ☐ ☒ 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. (b) Punitive Actions: Major violations of facility rules or JOM 08.05.00: Disciplinary Action repetitive minor acts of non-conformance or repetitive minor Members of the Monterey Police Department violations of facility rules shall be reported in writing by the shall not administer any type of discipline. ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be JOM 08.05.00: Disciplinary Action provided no sooner than 24 hours after the report has Members of the Monterey Police Department been submitted to the disciplinary officer and the inmate shall not administer any type of discipline. 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. 3320 Monterey City IJ PRO 20-22 - 16 - A352 Type 1 PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 factfinders 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 JOM 08.05.00: Disciplinary Action from administratively segregating any inmate from the Members of the Monterey Police Department general population or program for reasons of personal, shall not administer any type of discipline. 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 JOM 08.05.00: Disciplinary Action Members of the Monterey Police Department The degree of punitive actions taken by the disciplinary shall not administer any type of 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 JOM 08.05.00: Disciplinary Action ACTIONS 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. 3320 Monterey City IJ PRO 20-22 - 17 - A352 Type 1 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 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section JOM 08.05.00: Disciplinary Action 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ Members of the Monterey Police Department violations of institutional rules. shall not administer any type of discipline. (1) In addition to the provisions of Section 1247, JOM 08.05.00: Disciplinary Action the facility manager shall approve the initial ☐ ☐ ☒ Members of the Monterey Police Department placement on the disciplinary separation diet and shall not administer any type of discipline. 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 JOM 08.05.00: Disciplinary Action Members of the Monterey Police Department Penal Code Section 4019.5 requires that a record be kept of shall not administer any type of discipline. 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 3320 Monterey City IJ PRO 20-22 - 18 - A352 Type 1 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 PDM 311: Temporary Custody of Juveniles MINOR IN AN ADULT DETENTION PDM 311.13: Suicide Attempt, Death, or Serious FACILITY Injury of a Juvenile PDM 311.13: (b) Notification of the parent, The facility administrator shall develop policy and procedures ☒ ☐ ☐ guardian, or person standing in loco parentis of the 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 JOM 06.05.00: Death of a Prisoner custody. 1142 WRITTEN POLICIES AND PROCEDURES PDM 311: Temporary Custody of Juveniles JOM 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; ☒ ☐ ☐ JOM 08.06.00: Suicide Risk and Prevention (b) use of restraints; ☒ ☐ ☐ JOM 08.07.00: Use of Restraints (c) emergency medical assistance and services; and, ☒ ☐ ☐ JOM 08.08.00: Medical Assistance and Services (d) prohibiting use of discipline. ☒ ☐ ☐ JOM 08.05.00: Disciplinary Action 1143 CARE OF MINORS IN TEMPORARY JOM 08.09.00: Care of Juveniles in Temporary CUSTODY Custody ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ (2) one snack upon request during term of temporary 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, ☒ ☐ ☐ (4) privacy during consultation with family, guardian, ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the JOM 08.11.00: Secure Detention ☒ ☐ ☐ comfort of the minor; and, 3320 Monterey City IJ PRO 20-22 - 19 - A352 Type 1 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 (6) his or her personal clothing unless the clothing is JOM 08.10.00: Contact Between Juvenile and inadequate, presents a health or safety problem, or is ☒ ☐ ☐ Adult Prisoners required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND JOM 08.10.00: Contact Between Juvenile and ADULT PRISONERS 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, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY PDM 311: Temporary Custody of Juveniles PDM 311.12: Secure Custody A minor who is taken into temporary custody by a peace Only juvenile offenders 14 years of age or older officer on the basis that he or she is a person described by may be placed in secure custody. 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. lockup for adults if the minor is 14 years of age or older and Secure 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 PDM 311.12: Secure Custody serious security risk of harm to self or others, the officer may (a) Age, maturity, and delinquent history ☒ ☐ ☐ 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 (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 1146 CONDITIONS OF SECURE CUSTODY JOM 08.11.00 Secure Detention Minors are secured separately from adult inmates While in secure custody, minors may be locked in a room or ☒ ☐ ☐ in locked cells. 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. 3320 Monterey City IJ PRO 20-22 - 20 - A352 Type 1 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 1147 SUPERVISION OF MINORS IN SECURE JOM 08.11.00 Secure Detention CUSTODY INSIDE A LOCKED PDM 311.12.1: Locked Enclosures ENCLOSURE (a) The juvenile shall constantly be monitored ☒ ☐ ☐ by an audio/video system during the entire (a) Minors shall receive adequate supervision which, at a custody. 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 BSCC Staff asked to review all logs for secure minor by staff of the law enforcement facility, at detention over the last year. There were no ☒ ☐ ☐ least once every 30 minutes, which shall be minors held in secure detention in the last year. documented. (b) Males and females shall not be placed in the same Males and females shall not be placed in the locked room unless under constant direct visual ☒ ☐ ☐ same locked room unless under constant direct observation by staff of the law enforcement facility. visual observation by staff. 1148 SUPERVISION OF MINORS IN SECURE PDM 311.12: Secure Custody CUSTODY OUTSIDE OF A LOCKED Juveniles shall not be secured to a stationary ENCLOSURE object for more than 60 minutes. Supervisor approval is required to secure a juvenile to a ☒ ☐ ☐ Minors held in secure custody outside of a locked stationary object for longer than 60 minutes and enclosure shall not be secured to a stationary object for every 30 minutes thereafter. Supervisor more than 60 minutes unless no other locked enclosure is approval should be documented. available. A staff person from the facility shall provide constant PDM 311.12: Secure Custody direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 PDM 311.12: Secure Custody minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for The decision for securing a minor to a longer than 60 minutes, and every 30 minutes thereafter shall stationary object for longer than 60 minutes and ☒ ☐ ☐ be based upon the best interests of the minor and shall be every 30 minutes thereafter shall be based upon documented. the best interests of the juvenile offender 1149 CRITERIA FOR NON-SECURE JOM 08.12.00: Non-Secure Detention- CUSTODY Definition Juveniles may be held in non-secure custody if Minors held in temporary custody, who do not meet the a brief period of time is needed to investigate criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ the case, facilitate release of the juvenile to a of the Welfare and Institutions Code, may be held in non- parent or guardian, or arrange for transfer of the secure custody to investigate the case, facilitate release of juvenile to an appropriate juvenile facility. the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- JOM 08.12.00: Non-Secure Detention SECURE CUSTODY Juveniles may be held in non-secure custody if a brief period of time is needed to investigate Minors held in non-secure custody shall receive constant the case, facilitate release of the juvenile to a direct visual observation by staff of the law enforcement ☒ ☐ ☐ parent or guardian, or arrange for transfer of the facility. Entry and release times shall be documented and juvenile to an appropriate juvenile facility. made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 3320 Monterey City IJ PRO 20-22 - 21 - A352 Type 1 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 1151 MINORS UNDER THE INFLUENCE OF PDM 311.3: Juveniles Who Should Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR Significantly intoxicated except when approved NON-SECURE CUSTODY by the Watch Commander. A medical clearance shall be obtained for minors who are under the Facility administrators shall develop policies and procedures ☒ ☐ ☐ influence of drugs, alcohol, or any other providing that a medical clearance shall be obtained for intoxicating substance to the extent that they are minors who are under the influence of drugs, alcohol, or any 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 JOM 08.08.00: Medical Assistance and Services who display outward signs of being under the influence of Supervision of intoxicated minors who are drugs, alcohol or any other intoxicating substance shall cleared to be booked into a facility shall include include safety checks at least once every 15 minutes until ☒ ☐ ☐ monitoring by personal observation no less than resolution of the intoxicated state or release. These safety once every 15 minutes until resolution of the checks shall be documented, with actual time of occurrence intoxicated state. recorded. Supervision of minors in secure custody outside of a locked 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 outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 3320 Monterey City IJ PRO 20-22 - 22 - A352 Type 1 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 for the secure detention in the facility, the reasons and ☒ ☐ ☐ Number of violations:0 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. 3320 Monterey City IJ PRO 20-22 - 23 - A352 Type 1 PRO eff. 1/2019 (20-22).dot ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: PRE-73; 4/73 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: April 14, 2021 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) X External to the security area and equipped with individual 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 X 4-73: Padding required Shower-Delousing Room (3.4) Residential style shower and bath, located by the X kitchen storage room. Available in booking/reception Secure Vault or Storage Space (2.1) X Located in locked room inside the booking room. Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Single Occupancy Cells (2.6) X Maximum capacity of one inmate. 3320 Monterey City IJ PHY 20-22 - 1 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS 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 X 76" mattress 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 X 76" mattress Safety Cells (2.5) X No safety cells. 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 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 X 4-73: Available at 1:16 ratio 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 X 4-73: A comfortable living environment is maintained through an adequate heating and cooling system 3320 Monterey City IJ PHY 20-22 - 2 - A380 PHY Type P73&4-73.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Dayrooms (2.9) Available for inmates in single cells, multiple cells and X dormitories 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) X This is a Type 1 facility. Available in Type II and III facilities 4-73: Minimum of 30 feet X 50 feet X 15 feet Program Space -Type II and III (2.11) X Available in Type II and III facilities 4-73: Sufficient area and furnishing s to meet needs Dining Facilities (2.17) 15 square feet per person served (in facilities for 100 X persons or more) 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 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. X System monitors located in booking area, watch Located in all inmate housing units and capable of alerting commander’s office, and front counter area. staff in a central control Fire Alarm System [102(2)6] X Recommended in Pre-73 facilities 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 3320 Monterey City IJ PHY 20-22 - 3 - A380 PHY Type P73&4-73.dot (03/01) 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: April 14, 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 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 room 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. 3320 Monterey City IJ LAS 20-22 -1 - A360 LAS Adult.dot (03/01)