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

May 5, 2021 Damon C. Wasson, Chief of Police Soledad Police Department 236 Main Street Soledad, CA 93960 2020-2022 BIENNIAL INSPECTION OF SOLEDAD POLICE DEPARTMENT, SOLEDAD POLICE TEMPORARY HOLDING FACILITY, PENAL CODE 6031 Dear Chief Wasson, On April 15, 2021, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Soledad Police Department Temporary Holding Facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuit to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards for the facility; the Physical Plant Evaluation outlining Title 24 requirements for design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Department and the respective fire authorities for a comprehensive perspective of your facility. Local inspection reports are forwarded to your Department under a separate cover. Each of the local inspections were current. 3345 Monterey Soledad THJ LTR 20-22 Chief Wasson Soledad Police Department Page 2 Inspection Date Fire and Life Safety March 17, 2021 Medical and Mental Health April 6, 2021 (Health Dept. Directed Self-Inspection) Environmental Health April 13, 2021 (Health Dept. Directed Self-Inspection) Due to the COVID-19 Emergency Measures, Monterey County Health Department has directed all detention facilities in Monterey County to utilize the BSCC Title 15, Environmental Health and Medical/Mental Health checklists to conduct self-inspections of their facilities. The date listed above reflects when the agency submitted the self-conducted inspection to the Monterey County Health Department. BSCC INSPECTION The inspection consisted of a review of the Soledad Police Department Policy Manual that applies to Temporary Holding 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. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Corrective Action Plan No areas of non-compliance were noted, and no corrective action required. Technical Assistance BSCC Staff noted that signs concerning sexual assault, sexual harassment, and fire evacuation had been taken down. Apparently, recent maintenance had caused the advisements to be removed. As soon as identified, the Police Department Staff ensured the signs were posted prior to the conclusion of the BSCC biennial inspection. 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. 3345 Monterey Soledad THJ LTR 20-22 Chief Wasson Soledad Police Department Page 3 Juvenile Justice and Delinquency Prevention Act Compliance The BSCC monitors local detention facilities for compliance with JJDPA; In 2020, no minors were held beyond the 6-hour limit for secure detention. This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Soledad Police Department’s Temporary Holding Facility. We would like to express our gratitude to Sergeant Lionel Munguia, Records Supervisor Patricia Aceves and Officer Walter Tinay for their assistance. If you should have any questions or need technical assistance, please contact me at (916) 956-3679 or email at dale.miller@bscc.ca.gov Sincerely, Digitally signed by Dale A. Miller Dale A. Miller Date: 2021.05.04 15:39:51 -07'00' DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: Mayor, City of Soledad* City Manager, City of Soledad* Presiding Judge, Superior Court, County of Monterey* Grand Jury Foreman, Superior Court, County of Monterey* * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 3345 Monterey Soledad THJ LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3345 FACILITY NAME: Soledad Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Chief Wasson, Sgt Lionel Munguia, Records Supervisor Patricia Aceves, and Officer Walter Tinay FIELD REPRESENTATIVE: Dale Miller DATE: April 15, 2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Soledad Police Manual (SPM) HOLDING FACILITY TRAINING 900.12 Training Department members responsible for Custodial personnel who supervise inmates in, and supervising adults in temporary custody shall supervisors of, a Court Holding or Temporary Holding complete the Corrections Officer Core Course facility shall complete 8 hours of specialized training. Such or eight hours of specialized training within six training shall include, but not be limited to: months of assignment. Such training shall (a) applicable minimum jail standards; include but not be limited to the following (15 CCR 1024): (b) jail operations liability; ☒ ☐ ☐ (a) Applicable minimum jail standards (c) inmate segregation; (b) Jail operations liability (d) emergency procedures and planning, fire and life safety; and, (c) Inmate segregation (e) suicide prevention. (d) Emergency procedures and planning, fire safety, and life safety. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, (e) Suicide prevention the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in 900.12 Training any event not more than six months after the date of assigned All Sworn and Reserves Staff have received responsibility, or the effective date of this regulation. initial training. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once 900.12 Training every two years. Successful completion of the requirements Eight hours of refresher training shall be in Section 1025, Continuing Professional Training may be completed once every two years. ☒ ☐ ☐ substituted for the eight-hour refresher. BSCC Staff reviewed training documents and training was conducted in March and April of 2020. 1027 NUMBER OF PERSONNEL 900.3.2 Supervision In Temporary Custody 900.3.3 Staffing Plan A sufficient number of personnel shall be employed in each Chief of Police or the authorized designee shall ☒ ☐ ☐ local detention facility to ensure the implementation and ensure a staffing plan is prepared and operation of the programs and activities required by these maintained, indicating assigned personnel and regulations. their duties. 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. 3345 Monterey Soledad THJ 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900.3.2 Supervision In Temporary Custody least one employee on duty at all times in a local detention An authorized department member capable of facility or in the building which houses a local detention ☒ ☐ ☐ supervising shall be present at all times when an facility who shall be immediately available and accessible to individual is held in temporary custody. inmates in the event of an emergency. Such an employee shall not have any other duties which 900.3.2 Supervision In Temporary Custody would conflict with the supervision and care of inmates in The member responsible for supervising shall ☒ ☐ ☐ the event of an emergency. not have other duties that would conflict with his/her supervision. Whenever one or more female inmates are in custody, there 900.3.2 Supervision In Temporary Custody shall be at least one female employee who shall be At least one female department member shall be immediately available and accessible to such females. present when a female adult is in temporary Note: Reference PC§ 4021. ☒ ☐ ☐ custody. In the event that none is readily available, the female in custody shall be transported to another facility or released pursuant to another lawful process. To determine if there is a sufficient number of personnel for 900.3.3 Staffing Plan a specific facility, the facility administrator shall prepare and The staffing plan shall be available for biennial retain a staffing plan indicating the personnel assigned in the review by CSA staff. facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial The Chief of Police reviews staffing annually inspection. The results of such a review and and submits the staffing plan and budget to City recommendations shall be reported to the local jurisdiction Council. having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.8 Holding Cells (e) Safety checks by department members shall Safety checks shall be conducted at least hourly through occur no less than every 15 minutes ☒ ☐ ☐ direct visual observation of all inmates. There shall be no BSCC Staff reviewed safety checks for January, more than a 60-minute lapse between safety checks. February, March, and April 2021. Checks were in compliance with Title 15. There is a written plan that includes the documentation of 900.8 Holding Cells ☒ ☐ ☐ routine safety checks. (e) 2. All safety checks shall be logged. 1028 FIRE AND LIFE SAFETY STAFF 900.3.3 Staffing Plan At least one member who meets the training Whenever there is an inmate in custody, there shall be at standards established by the BSCC for general ☒ ☐ ☐ least one person on duty at all times who meets the training fire- and life-safety and is trained in fire- and standards established by the BSCC for general fire and life life-safety procedures relating specifically to the safety. (Penal Code section 6030[e]) facility is on-duty at all times. 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. 3345 Monterey Soledad THJ 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 The Soledad Police Department’s Soledad Police Manual, Chapter 9 – Custody, is used as the policy and procedure manual for the Facility administrator(s) shall develop and publish a manual temporary custody facility’s manual. of policy and procedures for the facility. The policy and Additionally, other sections of the SPM are procedures manual shall address all applicable Title 15 and used to ensure compliance with Title 15. The Title 24 regulations and shall be comprehensively reviewed manual was last reviewed and revised on and updated at least every two years. Such a manual shall be December 27, 2019. made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of 200 Organization and Administration ☒ ☐ ☐ communications. 901.2 Table of Organization (2) Inspections and operations reviews by the facility 200.2 Divisions ☒ ☐ ☐ administrator/manager. Operation Review and Inspections (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4) Policy on the use of restraint equipment, including the 300.3 Use of Force – Temporary Holding restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Facility. Section 3407. 306.3.2 Restraint of Pregnant Persons (5) Procedure and criteria for screening newly received 420 Cite and Release Policy inmates for release per Penal Code sections 849(b)(2) and 420.3 Release by Citation 853.6, and any other such processes as the facility ☒ ☐ ☐ 420.3.2 Release After Booking administrator is empowered to use. 901.10 Prisoner Screening, Processing, Classification and Release (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ 900.8 Holding Cells (B) searches of the facility and inmates, ☒ ☐ ☐ 902.4 Searches at Police Facilities (C) contraband control, and, 200.2 Divisions ☒ ☐ ☐ Operation Review and Inspections (D) key control. ☒ ☐ ☐ 901.9 Key Control Each facility administrator shall, at least annually, review, 900.11 Assigned Administrator evaluate, and make a record of security measures. The review Each facility manager shall, review, evaluate, and evaluation shall include internal and external security and make record of security measures. the measures of the facility including security measures specific review and evaluation shall include internal, to prevention of sexual abuse and sexual harassment. and external security measures of the facility ☒ ☐ ☐ including security measures specific to the prevention of sexual abuse and sexual harassment. The Chief of Police completed the annual security review of the two holding cells. (7) Emergency procedures include: 901.6 Fire Suppression Pre-Planning (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 414.4.2 Hostage Situation – Holding Facilities (C) mass arrests; ☒ ☐ ☐ (a) Civil Disturbance 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3345 Monterey Soledad THJ 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; 206 Emergency Management Plan – Natural ☒ ☐ ☐ Disasters (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 901.6 Fire Suppression Pre-Planning (F) storage, issue, and use of weapons, ammunition, 900.5.7 Firearms and Other Security Measures ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. 900.9 Suicide Attempt, Death or Serious Injury ☒ ☐ ☐ – Suicide Prevention (9) Segregation of Inmates. 901.10 Prisoner Screening, Processing, ☒ ☐ ☐ Classification and Release – Classification Plan (10) Zero tolerance in the prevention of sexual abuse and 904 Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 904 Prison Rape Elimination to retaliation against any staff or inmate after reporting The Department will not tolerate retaliation any abuse. against any person who reports sexual abuse or ☒ ☐ ☐ sexual harassment or who cooperates with a sexual abuse or sexual harassment investigation. (e) The manual for Temporary Holding, Court Holding, 904.4 Reporting Sexual Abuse, Harassment, Type I, II, III, and IV facilities shall provide for, but not be and Retaliation limited to, the following: During intake the Department shall notify all (1) multiple internal ways for inmates to privately report detainees and prisoners of the zero-tolerance sexual abuse and sexual harassment, retaliation by other policy regarding sexual abuse and sexual inmates or staff for reporting sexual abuse and sexual harassment, and of at least one way to report ☒ ☐ ☐ harassment, and staff neglect or violation of abuse or harassment to a public or private entity responsibilities that may have contributed to such that is not part of the Department. incidents, The No Tolerance signs had been removed due to some recent maintenance. BSCC Staff advised the Chief and new signs were posted immediately. (2) a method for uninvolved inmates, family, 904.4 Reporting Sexual Abuse, Harassment, community members, and other interested third parties and Retaliation to report sexual abuse or sexual harassment. The The No Tolerance signs had been removed due ☒ ☐ ☐ method for reporting shall be publicly posted at the to some recent maintenance. BSCC Staff facility. advised the Chief and new signs were posted immediately. 1030 SUICIDE PREVENTION PROGRAM 900.9 Suicide Attempt, Death, or Serious Injury – Suicide 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 900.12 Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon 900.9 Suicide Attempt, Death, or Serious Injury ☒ ☐ ☐ intake and prior to housing assignment. – Suicide Prevention (c) Provisions facilitating communication among 900.10 Release and/or Transfer arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ 900.4. Screening and Placement (e) Supervision depending on level of suicide risk. 900.3.1 Individuals Who Should Not Be in ☒ ☐ ☐ Temporary Custody (f) Suicide attempt and suicide intervention policies and 465 Crisis Intervention Incidents ☒ ☐ ☐ procedures. 3345 Monterey Soledad THJ 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ 900.9 Suicide Attempt, Death, or Serious Injury (h) Multi-disciplinary administrative review of suicides and 901.12 Illness, Injury, Death attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 1032 FIRE SUPPRESSION PREPLANNING 901.6 Fire Suppression Pre-Planning The City contracts with Cal-Fire, they conduct Pursuant to Penal Code Section 6031.1(b), the facility an annual fire safety inspection of the holding administrator shall consult with the local fire department ☒ ☐ ☐ facility. 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 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 BSCC Staff reviewed two years of monthly monthly basis with two-year retention of the inspection ☒ ☐ ☐ fire/life safety inspections by the police record; department staff. (c) fire prevention inspections as required by Health and The biennial fire inspection was last completed Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ on March 17, 2021. inspections at least once every two years; (d) an evacuation plan; and, Evacuation signs had been removed due to some recent maintenance. BSCC Staff advised ☒ ☐ ☐ the Chief and new signs were posted immediately. (e) a plan for the emergency housing of inmates in the case of Detainees will be released or transported to ☒ ☐ ☐ fire. county Jail. 1044 INCIDENT REPORTS 344.2 Required Reporting 344.2.1 Criminal Activity Each facility administrator shall develop written policies and 344.2.2 Non-Criminal Activity procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons BSCC Staff requested to see reports of involved, a description of the incident, the actions taken, and ☒ ☐ ☐ incidents that occurred in the temp holding area the date and time of the occurrence. this last year. There were no incidents. Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY 900.9 Suicide Attempt, Death, or Serious Injury Patrol Deputy Chief will ensure procedures are (a) Death in Custody Reviews for Adults and Minors. in place to address any suicide attempt, death or serious injury of any individual in temporary The facility administrator, in cooperation with the health custody at the Soledad Police Department. administrator, shall develop written policy and procedures to ensure that there is an initial review of every in-custody ☒ ☐ ☐ (h) In-custody death reviews death within 30 days. The review team shall include the 1) Chief of Police or Facility Manager, facility administrator and/or the facility manager, the health 2) the Health Administrator, administrator, the responsible physician and other health 3) the responsible physician or other health care care and supervision staff who are relevant to the incident. supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of Any death of an inmate shall be reviewed to clinical care; whether changes to policies, procedures, or determine the appropriateness of clinical care. ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. 3345 Monterey Soledad THJ 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Death of a Minor 324.12 Suicide Attempt, Death, or Serious In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Injury of a Juvenile lockup, or court holding facility: (1) The administrator of the facility shall provide to the 324.12 (i) In the case of a death, providing a Board a copy of the report submitted to the Attorney report to the Attorney General under General under Government Code Section 12525. A copy Government Code § 12525 within 10 calendar ☒ ☐ ☐ of the report shall be submitted within 10 calendar days days of the death, and forwarding the same after the death. report to the Board of State and Community Corrections within the same time frame (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.5 Safety, Health and Other Provisions Classification Plan (a) Each administrator of a temporary holding, Type I, II, or Whenever possible, only one prisoner is to be III facility shall develop and implement a written secured in a holding or booking cell. In cases classification plan designed to properly assign inmates to where multiple occupancy is needed, the housing units and activities according to the categories of sex, assignment of cells will be according to the age, criminal sophistication, seriousness of crime charged, categories of sex, age, criminal sophistication, physical or mental health needs, assaultive/non-assaultive seriousness of the crime charged, behavior, risk of being sexually abused, or sexually harassed assaultive/non-assaultive behavior, likelihood and other criteria which will provide for the safety of the of conflict between cell mates, and any other ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be factor which would have an impact on the accomplished to the extent possible within the limits of the safety of the prisoner, staff and other inmates. available number of distinct housing units or cells in a facility. When inmate population is such that more than one prisoner will be placed in the same cell, The written classification plan shall be based on objective assignment of inmates to the same cell shall criteria and include receiving screening performed at the time occur only after each inmate has been properly of intake by trained personnel, and a record of each inmate's classified for safety. In such cases, the classification level, housing restrictions, and housing classification section of the Prisoner Screening assignments. from will be completed. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area 900.4.1 Screening and Placement for male or female inmates, and in making other housing and Consider whether the individual may be at a programming assignments, the agency shall consider on a high risk of being sexually abused based on all case-by-case basis whether a placement would ensure the available known information, or whether the inmate's health and safety, and whether the placement would person is facing any other identified risk. present management or security problems. An inmate's own Ensure separation, as appropriate, based on views with respect to his or her own safety shall be given other factors, such as age, criminal serious consideration. ☒ ☐ ☐ sophistication, assaultive/non-assaultive behavior, mental state, disabilities and sexual orientation. Soledad Police Officers utilize the same classification questions as Monterey County Jail. These included questions regarding the inmate’s feelings of their own safety. 1051 COMMUNICABLE DISEASES 901.14 Communicable Disease (a) If a prisoner is known or suspected to have a The facility administrator, in cooperation with the communicable disease prior to transport or responsible physician, shall develop written policies and ☒ ☐ ☐ entry into the holding facility, direct transfer to procedures specifying those symptoms that require another appropriate facility should If a prisoner segregation of an inmate until a medical evaluation is is known or suspected be strongly considered. If completed. the person is brought into the holding facility, that person shall be segregated. 3345 Monterey Soledad THJ 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be 900.5 Safety, Health and Other Provisions made of the person being booked as to whether or not he/she When an arrestee is brought into this facility, has or has had any communicable diseases, such as great care is to be taken in screening that tuberculosis or has observable symptoms of tuberculosis or individual, including but not limited to any any other communicable diseases, or other special medical medical or mental health problems, problem identified by the health authority. The response developmental disabilities and communicable shall be noted on the booking form and/or screening device. diseases including, but not limited to ☒ ☐ ☐ tuberculosis and other airborne diseases. Receiving screening is a process of structured inquiry and observations designed to prompt necessary health care when indicated and to prevent newly arriving inmates who pose a health or safety threat to themselves or others from commingling with other prisoners. 1052 MENTALLY DISORDERED INMATES 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the (j) Any individual who is obviously ☒ ☐ ☐ responsible physician, shall develop written policies and developmentally disabled procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not Individuals who exhibit certain behaviors or readily available, an inmate shall be considered mentally conditions will not be in temporary custody at disordered for the purpose of this section if he or she appears the Soledad Police Department, but shall be to be a danger to himself/herself or others or if he/she transported to a jail facility, a medical facility, appears gravely disabled. ☒ ☐ ☐ or another type of facility as appropriate. An evaluation from medical or mental health staff shall be This is a temporary holding facility and secured within 24 hours of identification or at the next daily detainees are not held over 6 hours. sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.4.1 Screening and Placement The officer responsible for an individual in Except in Type IV facilities, each facility administrator shall custody shall: develop written policies and procedures which provide for Whenever possible, only one prisoner is to be the administrative segregation of inmates who are secured in a holding or booking cell. In cases determined to be prone to: promote activity or behavior that where multiple occupancy is needed, the is criminal in nature or disruptive to facility operations; assignment of cells will be according to the demonstrate influence over other inmates, including categories of sex, age, criminal sophistication, influence to promote or direct action or behavior that is ☒ ☐ ☐ seriousness of the crime charged, criminal in nature or disruptive to the safety and security of assaultive/non-assaultive behavior, likelihood other inmates or facility staff, as well as to the safe operation of conflict between cell mates, and any other of the facility; escape; assault, attempted assault, or factor which would have an impact on the participation in a conspiracy to assault or harm other inmates safety of the prisoner, staff and other inmates. or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to If an inmate is not placed into a cell with be necessary in order to obtain the objective of protecting another inmate, classification is not required the welfare of inmates and staff. Administrative segregation shall consist of separate and The facility consists of 2 cells. Inmates that secure housing but shall not involve any other deprivation of must be segregated, they will be transported to ☒ ☐ ☐ privileges than is necessary to obtain the objective of county jail. protecting the inmates and staff. 3345 Monterey Soledad THJ 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL This facility does not contain a safety cell as described in Title 24, Part 2, Section 1231.2.5 The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who 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 This facility does not contain a safety cell as of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ described in Title 24, Part 2, Section 1231.2.5 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. 1056 USE OF SOBERING CELL This facility does not contain a sobering cell as described in Title 24, Part 2, Section 1231.2.4 The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ 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. ☐ ☐ ☒ 3345 Monterey Soledad THJ 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of inmates held in the This facility does not contain a sobering cell as sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ described in Title 24, Part 2, Section 1231.2.4 Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED 900.3.1 Individuals Who Should Not Be In INMATES Temporary Custody Individuals who exhibit certain behaviors or The facility administrator, in cooperation with the conditions will not be in temporary custody at responsible physician, shall develop written policies and ☒ ☐ ☐ the Soledad Police Department, but shall be procedures for the identification and evaluation, appropriate transported to a jail facility, a medical facility, classification and housing, protection, and or another type of facility as appropriate. nondiscrimination of all developmentally disabled inmates. (j) Any individual who is obviously developmentally disabled The health authority or designee shall contact the regional This is a temporary holding facility and center on any inmate suspected or confirmed to be detainees are not held over 6 hours. developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 306 Handcuffing and Restraints The facility administrator, in cooperation with the The holding facility is not designed or equipped responsible physician, shall develop written policies and ☒ ☐ ☐ for those arrestees requiring use of restraints. procedures for the use of restraint devices and may delegate In practice, any arrestee requiring restraints will authority to place an inmate in restraints to a responsible be taken to a hospital or county jail. 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. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. 3345 Monterey Soledad THJ 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 BSCC Staff requested to review logs and every thirty minutes to ensure that the restraints are properly reports of arrestees held in the facility and ☐ ☐ ☒ employed, and to ensure the safety and well-being of the restrained. There have been no one held in the inmate. Such observation shall be documented. last year. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 306.3.2 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 that responsible physician, shall develop written policies and ☒ ☐ ☐ is effective for officer safety. 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 306.3.2 Restraint of Pregnant Persons delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ Leg irons, waist chains, or handcuffs behind the waist chains, or handcuffs behind the body. body should not be used. (2) A pregnant inmate in labor, during delivery, or in No person who is in labor, delivery, or recovery recovery after delivery, shall not be restrained by the after delivery shall be handcuffed or restrained wrists, ankles, or both, unless deemed necessary for the except in extraordinary circumstances and only ☒ ☐ ☐ safety and security of the inmate, the staff, or the public. when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others. (3) Restraints shall be removed when a professional 900.6.1 Pregnant Adults who is currently responsible for the medical care of a Restraints shall be removed when a professional pregnant inmate during a medical emergency, labor, who is currently responsible for the medical delivery, or recovery after delivery determines that the ☒ ☐ ☐ care of the pregnant inmate during labor, a removal of restraints is medically necessary. medical emergency, delivery, or recovery after delivery determines that the removal of the restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she Upon confirmation of an inmate's pregnancy, shall be advised, orally or in writing, of the standards she shall be advised, orally and in writing of the ☒ ☐ ☐ and policies governing pregnant inmates. standards and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE 900.5.5 Telephone Calls Immediately upon being booked and, except The facility administrator shall develop written policies and where physically impossible, no later than three procedures which allow reasonable access to a telephone ☒ ☐ ☐ hours after arrest, an individual in custody has beyond those telephone calls which are required by Section the right to make at least three completed calls 851.5 of the Penal Code. to an attorney, bail bondsman, and a relative or other person. 1068 ACCESS TO COURTS AND COUNSEL 900.5.5 Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ 900.5.9 Attorneys and Bail Bondsmen procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: 3345 Monterey Soledad THJ 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) unlimited mail as provided in Section 1063 of these This is a temporary holding facility and ☐ ☐ ☒ regulations, and, detainees are not held over 6 hours. (b) confidential consultation with attorneys. Interviews between attorneys and their clients ☒ ☐ ☐ shall not be monitored or recorded. 1080 RULES AND DISCIPLINARY PENALTIES 900.5.10 Discipline Discipline will not be administered to any Wherever discipline is administered, each facility individual in custody at this facility. Any administrator shall establish written rules and disciplinary individual in custody who repeatedly fails to penalties to guide inmate conduct. ☐ ☐ ☒ follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility. 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 900.5.10 Discipline Discipline will not be administered to any If discipline is NOT administered, written policy should individual in custody at this facility. indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on 900.5.10 Discipline with the following provisions and within specified ☐ ☐ ☒ Discipline will not be administered to any timeframes: individual in custody at this facility. 3345 Monterey Soledad THJ 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 900.5.10 Discipline provided no sooner than 24 hours after the report has Discipline will not be administered to any been submitted to the disciplinary officer and the inmate individual in custody at this facility. 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 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 900.5.10 Discipline from administratively segregating any inmate from the Discipline will not be administered to any general population or program for reasons of personal, individual in custody at this facility. mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE 900.5.10 Discipline Discipline will not be administered to any The degree of punitive actions taken by the disciplinary individual in custody at this facility. officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 3345 Monterey Soledad THJ 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY 900.5.10 Discipline ACTIONS Discipline will not be administered to any individual in custody at this facility. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except 900.5.10 Discipline in cases where the inmate has violated correspondence Discipline will not be administered to any regulations, in which case correspondence may be ☐ ☐ ☒ individual in custody at this facility. 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. 3345 Monterey Soledad THJ 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS 900.5.10 Discipline Discipline will not be administered to any Penal Code Section 4019.5 requires that a record is kept of individual in custody at this facility. all disciplinary infractions and punishment administered, ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☒ ☐ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☒ ☐ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 324.12 Suicide Attempt, Death, or Serious Injury MINOR IN AN ADULT DETENTION of a Juvenile FACILITY Watch Commander will adhere to the policies and procedures that are in place to address the ☒ ☐ ☐ suicide attempt, death, or serious injury of any The facility administrator shall develop policy and procedures juvenile held at the Soledad Police Department. for notification of the court of jurisdiction and the parent, (c) Notification of the parent, guardian, or guardian, or person standing in loco parentis, in the event of a person standing in loco parentis of the juvenile. suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 324 Temporary Custody of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: 3345 Monterey Soledad THJ 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (a) suicide risk and prevention; 324.3.2 Suicide Prevention of Juveniles in ☒ ☐ ☐ Custody (b) use of restraints; ☒ ☐ ☐ 324.9 Use of Restraint Devices (c) emergency medical assistance and services; and, 324.3.1 Emergency Medical Care of Juveniles in ☒ ☐ ☐ Custody (d) prohibiting use of discipline. 324.8 Temporary Custody Requirements (o) No discipline may be administered to any ☒ ☐ ☐ juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse 1143 CARE OF MINORS IN TEMPORARY 324.8 Temporary Custody Requirements CUSTODY Members and supervisors assigned to monitor ☒ ☐ ☐ or process any juvenile at the Soledad Police (a) The following shall be made available to all minors held in Department shall ensure the following: temporary custody: (1) access to toilets and washing facilities; (e) Juveniles shall have reasonable access to ☒ ☐ ☐ toilets and wash basins. (2) one snack upon request during term of temporary (f) Food shall be provided if a juvenile has not custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ eaten within the past four hours or is otherwise hours or is otherwise in need of nourishment; in need of nourishment. (3) access to drinking water; and, (g) Juveniles shall have reasonable access to a ☒ ☐ ☐ drinking fountain or water. (4) privacy during consultation with family, guardian, (i) Juveniles shall have privacy during family, ☒ ☐ ☐ and/or lawyer. guardian, and/or lawyer visits. (5) blankets and clothing, as necessary, to assure the (k) Blankets shall be provided as reasonably ☒ ☐ ☐ comfort of the minor; and, necessary. (6) his or her personal clothing unless the clothing is (j) Juveniles shall be permitted to remain in inadequate, presents a health or safety problem, or is their personal clothing unless the clothing is ☒ ☐ ☐ required to be utilized as evidence of an offense. taken as evidence or is otherwise unsuitable or inadequate. 1144 CONTACT BETWEEN MINORS AND 324.7 No-Contact Requirements ADULT PRISONERS Sight and sound separation shall be maintained between all juveniles and adults while in ☒ ☐ ☐ The facility administrator shall establish policies and custody at the Department. procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, In situations where brief or accidental contact such as booking or facility movement, facility staff (trained may occur, a member of the Soledad Police in the supervision of inmates) shall maintain a constant, side- Department (trained in the supervision of ☒ ☐ ☐ by-side presence with the minor or the adult to prevent persons in custody) shall maintain a constant, sustained contact. immediate, side-by-side presence with the juvenile or the adult to minimize any contact. 3345 Monterey Soledad THJ 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1145 DECISION ON SECURE CUSTODY 324.11 Secure Custody Only juvenile offenders 14 years of age or older A minor who is taken into temporary custody by a peace may be placed in secure custody. Watch officer on the basis that he or she is a person described by Commander approval is required before placing Section 602 of the Welfare and Institutions Code may be held a juvenile offender in secure custody. in secure custody in a law enforcement facility that contains a Secure custody should only be used for juvenile lockup for adults if the minor is 14 years of age or older and offenders when there is a reasonable belief that if, in the reasonable belief of the peace officer, the minor the juvenile is a serious risk of harm to presents a serious security risk of harm to self or others, as him/herself or others. 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 324.11 Secure Custody serious security risk of harm to self or others, the officer may When determining if the juvenile offender ☒ ☐ ☐ take into account the following factors: presents a serious security risk: (a) age, maturity, and delinquent history of the minor; (a) Age, maturity, and delinquent history (b) severity of the offense(s) for which the minor was (b) Severity of offense for which the juvenile ☒ ☐ ☐ taken into custody; was taken into custody (c) minor's behavior, including the degree to which the (c) The juvenile offender’s behavior ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate (d) Availability of staff to provide adequate supervision or protection of the minor; and, ☒ ☐ ☐ supervision or protection of the juvenile offender (e) the age, type, and number of other individuals who (e) Age, type, and number of other individuals ☒ ☐ ☐ are detained in the facility. in custody at the facility 1146 CONDITIONS OF SECURE CUSTODY 324.1.1 Definitions Secure custody - When a juvenile offender is While in secure custody, minors may be locked in a room or ☒ ☐ ☐ held in a locked room, a set of rooms, or a cell. other secure enclosure, secured to a cuffing rail, or otherwise Secure custody also includes being physically reasonably restrained as necessary to prevent escape and secured to a stationary object protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 324.11.1 Locked Enclosures CUSTODY INSIDE A LOCKED (a) The juvenile shall constantly be monitored ENCLOSURE by an audio/video system during the entire ☒ ☐ ☐ custody. (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; (b) Juveniles shall have constant auditory ☒ ☐ ☐ and, access to department members (2) safety checks, as defined in Section 1006, of the (d) Unscheduled safety checks to provide for minor by staff of the law enforcement facility, at the health and welfare of the juvenile by a staff least once every 30 minutes, which shall be member, no less than once every 15 minutes. ☒ ☐ ☐ documented. BSCC Staff requested to see logs and records of minors held in secure confinement. There were no incidents in the last year. 3345 Monterey Soledad THJ 20-22 - 16 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (b) Males and females shall not be placed in the same (e) Males and females shall not be placed in the locked room unless under constant direct visual ☒ ☐ ☐ same locked room. observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 324.11 Secure Custody CUSTODY OUTSIDE OF A LOCKED When practicable and when no locked ENCLOSURE enclosure is available, handcuffing one hand of a juvenile offender to a fixed object while Minors held in secure custody outside of a locked ☒ ☐ ☐ otherwise maintaining the juvenile in non- enclosure shall not be secured to a stationary object for secure custody should be considered as the more than 60 minutes unless no other locked enclosure is method of secure custody. available. Juveniles shall not be secured to a stationary object for more than 60 minutes. A staff person from the facility shall provide constant An employee must be present at all times to direct visual observation to assure the minor's safety while ☒ ☐ ☐ ensure the juvenile’s safety while secured to a secured to a stationary object. stationary object. Securing minors to a stationary object for longer than 60 Supervisor approval is required to secure a minutes, and every 30 minutes thereafter, shall be juvenile to a stationary object for longer than 60 approved by a supervisor. minutes and every 30 minutes thereafter. ☒ ☐ ☐ Supervisor approval should be documented. BSCC Staff requested to see logs and records of minors held in secure confinement. There were no incidents in the last year. 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 324.1.1 Definitions CUSTODY Non-secure custody - When a juvenile is always held in the presence of an officer or other Minors held in temporary custody, who do not meet the custody employee and is not placed in a locked criteria for secure custody as specified in Section 207.1(d) room, cell, or behind any locked doors. of the Welfare and Institutions Code, may be held in non- ☒ ☐ ☐ Juveniles in non-secure custody may be secure custody to investigate the case, facilitate release of handcuffed but not to a stationary or secure the minor to a parent or guardian, or arrange for transfer of object. the minor to an appropriate juvenile facility. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release. 1150 SUPERVISION OF MINORS IN NON- Personal supervision, through direct visual SECURE CUSTODY monitoring and audio two-way communication is maintained. Monitoring through electronic devices, such as video, does not replace direct Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ visual observation. 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. 3345 Monterey Soledad THJ 20-22 - 17 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1151 MINORS UNDER THE INFLUENCE OF 324.3 Juveniles Who Shall Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR (d) Significantly intoxicated except when NON-SECURE CUSTODY approved by the Watch Commander. A medical clearance shall be obtained for minors who are Facility administrators shall develop policies and procedures under the influence of drugs, alcohol, or any ☒ ☐ ☐ providing that a medical clearance shall be obtained for other intoxicating substance to the extent that minors who are under the influence of drugs, alcohol or any they are unable to care for themselves. All other intoxicating substance to the extent that they are unable juveniles under the influence or suspected to care for themselves. influence of alcohol or drugs will be medically cleared. Supervision of minors in secure custody in a locked room 324.11.1 Locked Enclosures who display outward signs of being under the influence of (d) Unscheduled safety checks to provide for drugs, alcohol or any other intoxicating substance shall the health and welfare of the juvenile by a staff include safety checks at least once every 15 minutes until ☒ ☐ ☐ member, no less than once every 15 minutes. resolution of the intoxicated state or release. These safety 1. All safety checks shall be logged. checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked 324.11 Secure Custody 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 When a juvenile is in non-secure custody an outward signs of being under the influence of drugs, alcohol officer or other custody employee is present at ☒ ☐ ☐ or any other intoxicating substance shall be supervised in all times. accordance with Section 1150. 3345 Monterey Soledad THJ 20-22 - 18 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for Number of violations:0 investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ 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, Number of violations:0 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. 3345 Monterey Soledad THJ 20-22 - 19 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 6/94; 2/99; 2001 BSCC Code: 3345 FACILITY NAME: Soledad Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That 6/94: 2/99: 2001: OTHER: 1986 Apply): FIELD REPRESENTATIVE: Dale Miller DATE: April 15, 2021 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) Gun lockers are located outside the secure area. X Contains a weapons locker, designed as outlined in these regulations. Contains a cell or room for confinement pending X booking Contains a detoxification cell (WA in TH; NA in CH) 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available 2-99: Access to shower must be within the secure X area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running X water Temporary Holding Cell or Room (2.2) Holding rooms do not contain any fixtures. X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear X ceiling height of 8 feet or more Contains sufficient seating to accommodate all X inmates Contains water closet (toilet), washbasin, and drinking 1986 Standards; Toilet and fountain X fountain accessible. Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or X more Temporary Staging Cell or Room (2.3) X Holds inmates classified and segregated per Title 15 § 1050 and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X Contains 10 square feet of floor area per inmates and has a clear ceiling height of 8 feet or more. X 3345 Soledad PD THJ PHY - 1 - A382 PHY CH-TH 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Is at least 160 square feet X Contains sufficient seating to accommodate all X inmates Contains water closets (toilets), wash basins and X drinking fountains as specified by these regulations Provides for clear visual supervision by staff X Sobering Cell (2.4) 01: Name change to “sobering cell” X Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear X ceiling height of 8 feet or more Contains a water closet (toilet) wash basin and X drinking fountain as specified by these regulations Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure portion of X the facility. Safety Cell (2.5) X Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the X floor, with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which X provide a view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from X the bottom of the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible X to inmate occupant. Safety Equipment Storage (2.19) X Adequate space is provided to store equipment such as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) X Lockable, containing a mop sink and storage space 01: Mop sink may be separate from janitors’ closet Audio or Visual Monitoring (2.22) There is an audio monitoring system capable of alerting staff in a central control. When visual X electronic surveillance is use, it is located primarily in corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. 3345 Soledad PD THJ PHY - 2 - A382 PHY CH-TH 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Emergency Power (2.24) There is an emergency power source available and X capable of providing minimal lighting in all areas and maintaining fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being X able to visual supervise; provided at a ratio of 1:16 in holding and staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; provided at a X ratio of 1:16 in holding and staging cells. See regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) X 2-99: Available in each temporary holding, staging and sobering cell. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the X water outlet (bubbler). 2-99: Mouth guard requirement deleted Showers (3.4) (NA in CH) Available in the security area; provide hot and cold or X tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. Beds/Bunks (3.5) (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 X inches between pans; constructed of pan bottom type or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. 3345 Soledad PD THJ PHY - 3 - A382 PHY CH-TH 94 99 01.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Windows (3.7) X Windows that are accessible to inmates are no greater than 5 inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and X everything on them are padded. All padded cells are equipped with a tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or X laminated construction; firmly bonded to all surfaces; and, without exposed seams. Mirrors/Shelves/Clothes Hooks (3.9) X A mirror of a material appropriate to the level of security is provided near each washbasin. Consistent with security needs, shelves and clothes hooks are provided wherever feasible. X 2-99: Requirement for shelves and hooks deleted Clothes hooks are of a collapsible hook type, X 2-99: Requirement for hooks deleted Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are X provided per inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) (NA type IV and Minimum-Security Facilities) A secure weapons locker is located outside the X security perimeter of the facility and no weapons are brought into the security area. Lockers have individual compartments, locks and keys. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific X requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 3345 Soledad PD THJ PHY - 4 - A382 PHY CH-TH 94 99 01.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3345 FACILITY: Soledad Police Department TYPE: THJ RC: FIELD REPRESENTATIVE: Dale Miller DATE: April 15, 2021 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Booking Holding 1986 2 (3) (6) 8.2 x 4.9 x 9.0 Toilet and fountain accessible, 4.7 feet of bench per cell. Cell = 40.18 sq. ft. 2016-2018: No change 2020-2022 Note: The Holding Rooms do not contain any fixtures. *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. 3345 Soledad PD THJ LAS - 1 - A360 LAS Adult.dot (03/01)