Napa County, Calistoga Police Department (2016-2018 inspection cycle)

July 18, 2018 Mitchell Celaya, Chief of Police Calistoga Creek Police Department 1235 Washington Street Calistoga, CA 94515 2016-2018 BIENNIAL INSPECTION PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Celaya: On June 19, 2018, staff of the California Board of State and Community Corrections (BSCC) conducted the 2016 - 2018 biennial inspection of the Calistoga Police Department temporary holding facility pursuant to Penal Code Section 6031 and Welfare and Institutions Code (WIC) Section 209. The jail was inspected for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requirements for holding minors. The inspection consisted of a review of applicable policies and procedures governing the operation of the facility, staff interviews, a review of documentation to verify that your practices follow your written procedures, and a walk- through of the physical plant. Sergeant Tim Martin was our point of contact and he provided us with copies of department policies, local inspections and necessary documentation to verify compliance with Title 15 regulations. We sincerely appreciated Sergeant Martin’s preparation for the inspection and his professionalism and courtesy. The complete BSCC inspection report is enclosed and consists of: • This transmittal letter; • The Procedures Checklist outlining applicable Title 15 sections; • The Physical Plant Evaluation outlining Title 24 requirements for design; and, • The Living Area Space Evaluation that summarizes the detention facility’s physical plant configuration. We encourage the practice of maintaining a permanent file for historical copies of all inspections. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to a 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 § 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. 3430 Calistoga PD THJ LTR 2016-18 Mitchell Celaya, Chief of Police Page 2 FIRE INSPECTION: The Calistoga Fire Department conducted a fire and life safety inspection on May 30, 2018 and fire clearance was granted. HEALTH INSPECTIONS: The county health department conducted the following inspections. Environmental Health Medical /Mental Health Nutritional Calistoga Police Department December 27, 2017 December 27, 2017 N/A The County of Napa - Health and Human Services Agency conducted the Environmental and Medical/Mental Health inspections on December 27, 2017 and no deficiencies were noted in the inspection reports. BSCC INSPECTION PHYSICAL PLANT: The Calistoga Police Department city jail was opened in 1991 and it is evaluated under the 1988 Title 24 standards.1 On the day of the inspection, no prisoner was in custody. The facility consists of one holding cell, a sobering cell, a non-rated pre-booking cell and a secure booking area. The BSCC reviews physical plants using the Title 24 standards at the time of original design or significant remodel. Based on the applicable standards, there was no issue of noncompliance observed. POLICY REVIEW: BSCC reviewed the relevant sections of agency policy to ensure that applicable Title 15 regulations were addressed2. During our limited review, we found no issues of non-compliance. PROCEDURES REVIEW: BSCC continued its inspection by reviewing procedures and practices at the facility to evaluate compliance with applicable regulations. This included reviewing temporary holding facility training requirements; number of personnel and hourly safety checks; local inspections, inmate screening and classification. During our review of supporting documentation, we did not identify any issues of noncompliance. Please refer to the Procedures Checklist for additional details. JUVENILE INSPECTION: Pursuant to WIC§ 209, we reviewed applicable policy, procedures, practices and supporting documentation to comply with Title 15 Article 9, Minors in Custody in a Law Enforcement Facility. Department Policy 324.11, 1 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel. 2 BSCC does not review all your policies and procedures. We only review those policies related specifically to the applicable regulations included in Title 15, Minimum Standards for Local Detention Facilities for issues of non- compliance. We do not “approve” your policies nor do we review them for Constitutional or legal issues. We recommend agencies seek policy review through their legal advisor, risk manager, and other persons deemed appropriate. 3430 Calistoga PD THJ LTR 2016-18 Mitchell Celaya, Chief of Police Page 3 Secure Custody allows juveniles to be held in secure detention in the jail if the juvenile meets the specified criteria. During the past twelve months, no juvenile was held in the temporary holding facility or held in secure detention in the law enforcement facility. We did not note any violation of regulation or state law. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT COMPLIANCE MONITORING: In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). After our review, we determined there was no violation of federal law. ____________________ This concludes our inspection report for the 2016-2018 inspection cycle. If you have any questions, or we can be of further assistance, please contact your assigned field representative Michael Bush at (916) 324-9861 or email: michael.bush@bscc.ca.gov Sincerely, ROBERT TAKESHTA, Retired Annuitant Facility Standards and Operations Division Phone: (916) 709-3950 E-mail: RobertTakeshta@bscc.ca.gov Enclosures cc: Chair Person, City Council, City of Calistoga* City Manager, City of Calistoga* Presiding Judge, Superior Court, County of Napa* Grand Jury Foreperson, Superior Court, County of Napa* Sergeant Tim Martin, Calistoga Police Department* 3430 Calistoga PD THJ LTR 2016-18 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3430 FACILITY NAME: Calistoga Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sergeant Tim Martin and Dispatcher James Innskeep FIELD REPRESENTATIVE: Robert Takeshta DATE: June 19, 2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1024 COURT HOLDING AND TEMPORARY Policy 900.12 Training HOLDING FACILITY TRAINING All personnel who are responsible for supervising inmates, and supervisors with custodial responsibilities, complete the eight hours of specialized training outlined in this X regulation within six (6) months of assignment. Successful completion of training, pursuant to Section 1020 of these regulations, may be substituted for the initial eight hours of training. Eight hours of refresher training is completed every two 900.12 Training years. Successful completion of training, pursuant to Section 1025 of these regulations, may be substituted for Calistoga Police Department conducted a X the eight-hour refresher. training day on April 18, 2017 for all officers and full-time dispatchers to meet this training requirement. 1027 NUMBER OF PERSONNEL Policy 900.3.2 Supervision in Temporary Custody There are sufficient personnel on duty at all times X (whenever there is an inmate in custody) to ensure the implementation and operation of all programs and activities required by these regulations. There is a written plan that includes the documentation of Policy 900.8(e) Holding Cells hourly safety checks. X This policy states, safety checks shall occur no less than every 15 minutes and documented on the inmate security log. There is at least one employee on duty at all times, who Policy 900.3.2 Supervision in Temporary shall be immediately available and accessible with the Custody X ability to respond to any inmate in the event of an emergency. 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. 3430 Calistoga PD THJ PRO.docx - 1 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Whenever one or more female inmates are in custody, there Policy 900.3.2 Supervision in Temporary is at least one female employee immediately available and Custody accessible. Note: Reference PC § 4021. If a female staff member is not available, the male police officer will process the female X prisoner (e.g., cite and release, arrange for someone to pick her up at the police department, or prepare paperwork to transport her to county jail). If the officer anticipates a long delay in processing the prisoner, she will be transported to county jail. A staffing plan is available which indicates personnel assigned and their duties. X 1028 1028 FIRE AND LIFE SAFETY STAFF Policy 900.3.3 Staffing Plan Whenever there is an inmate in custody, there is at least X one person on duty at all times who meets the BSCC training standards for general fire and life safety. There is at least one person on duty who trained in fire and life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 2 Calistoga PD Policy Manual There is a published manual of policies and procedures for X the facility that addresses applicable regulations and includes: Table of organization, including channels of Policy 200 Organizational Structure and X communications; Responsibility Inspections and operations reviews by the facility Policy 900.11(m) X administrator/manager; Use of force; X Policy 300 Use of Force Use of restraint equipment, including the restraint of Policy 900.6 and Policy 900.6.1 pregnant inmates; X Note: Reference PC § 6030(f); Screening newly received inmates for release Policy 420 Cite and Release Policy X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: Policy 900.8 X Physical counts of inmates; Searches of the facility; X Policy 900.8 Searches of inmates; X Policy 900.8(a) Contraband control; and, X Policy 900.8 Key control. X Policy 900.11(b) At least annually, the facility administrator reviews, Policy 900.11 evaluates and documents internal and external security X measures. Emergency procedures, including: X Policy 900.11 Escape; X Policy 900.11(e) Disturbances; X Policy 900.11(j) Taking of hostages; X Policy 414 Hostage and Barricaded Incidents Civil disturbance; X Policy 900.11(j) Natural disasters; X Policy 900.11(h) 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3430 Calistoga PD THJ PRO.docx - 2 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Periodic testing of emergency equipment; X Policy 900.11(k) Storage, issue and use of weapons, ammunition, Policy 900.5.7 X chemical agents; and, Storage, issue and use of security devices. X Policy 900.5.7 Suicide prevention; and, X Policy 900.4.1(a) Segregation of inmates. X Policy 900.4.1 The manual is available to all employees. X Electronically and printed The manual is comprehensively reviewed and updated at The manual was updated in 2016. least every two years. X 1032 FIRE SUPPRESSION PREPLANNING Policy 900.11(g) There is a fire suppression pre-plan that has been developed X in consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff This is documented on the Temporary Holding X with a two-year retention of the inspection record; Maintenance Checklist. Fire prevention inspections at least once every two The Calistoga Fire Department conducted their years; inspection on May 30, 2018 and fire clearance X Note: Reference Health and Safety Code Section was granted. 13146.1(a) and (b); An evacuation plan; and, X Policy 900.11(f) A plan for the emergency housing of inmates in the Prisoners would be cited and released or event of a fire. X transported to county jail. 1044 INCIDENT REPORTS Policy 900.5.8 Reporting Physical Harm or Serious Threat of Physical Harm There are written policies and procedures for the maintenance of written records and reporting of all incidents that result in physical harm, or serious threat of X physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and submitted to the facility manager or his/her designee. X 1046 DEATH IN CUSTODY Policy 900.9 Suicide Attempt, Death or Serious Injury X Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the facility provides the Board of State and Community Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 3430 Calistoga PD THJ PRO.docx - 3 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1050 CLASSIFICATION PLAN Policy 900.4.1 Screening and Placement The facility has a written classification plan designed to Prisoners are kept separate, but if an officer X properly assign inmates to housing units and activities. needs to hold more than one prisoner in the holding cell together, they will conduct an interview with the prisoners to assess risk. Includes receiving screening performed at intake by trained X personnel. Includes maintenance of a record of each inmate's classification level, housing restrictions and housing X assignments. 1051 COMMUNICABLE DISEASES Policy 900.3.1(h) Individuals Who Should not be in Temporary Custody There are written policies and procedures specifying those X symptoms that require segregation of an inmate until a Prisoners identified with a communicable medical evaluation can be completed. disease will be transported to county jail. An inquiry is made to determine if the inmate has or has Policy 900.4 Initiating Temporary Custody had any communicable diseases, or has observable symptoms of communicable diseases, including but not X limited to tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or screening device. X 1052 MENTALLY DISORDERED INMATES Policy 900.3.1(k) Individuals Who Should not be in Temporary Custody There are written policies and procedures for the X identification and evaluation of all mentally disordered Prisoners identified with a mental disorder will inmates. be transported to county jail. An evaluation by health care staff occurs within 24 hours of This would occur at county jail. identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety Policy 900.4.1(d) of the inmate or others. X 1053 ADMINISTRATIVE SEGREGATION Policy 900.3.1(g) Individuals Who Should not be in Temporary Custody There are written policies and procedures, which provide for administrative segregation of inmates who are X Prisoners requiring administrative segregation determined to be prone to: escape; assault staff or other will be transported to county jail. inmates; disrupt operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and This would occur at county jail. secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting X inmates and staff. 1055 USE OF SAFETY CELL The facility does not have a safety cell. The remaining text of the regulation is deleted from The safety cell, specified in Title 24, Part 2, Section 1231 the checklist. X 2.5, is used only to hold inmates who display behavior that results in the destruction of property or reveals an intent to cause physical harm to self or others. 3430 Calistoga PD THJ PRO.docx - 4 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1056 USE OF SOBERING CELL Policy 900.8.1 Use of Sobering Cell . The sobering cell, specified in Title 24, Part 2, Section 1231 2.4 is used only for holding inmates who are a threat X to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures. Intermittent direct visual observation of inmates in sobering Policy 900.8.1(c) Use of Sobering Cell cells conducted no less than every half hour and is documented. X This policy states, a direct visual safety check shall occur at least once every 30 minutes and documented on the cell log. An evaluation by a medical staff person or by custody staff, Policy 900.8.1 (d) Use of Sobering Cell pursuant to written medical procedures in accordance with Section 1213 of these regulations, occurs whenever any This policy states, under no circumstances shall X inmate is retained in a sobering cell for more than six an inmate be held for more than six hours in a hours. sobering cell without an evaluation by a qualified medical person. Such inmates are removed from the sobering cell when Policy 900.8(e) Use of Sobering Cell they are able to continue with processing. This policy states, inmates will be removed X from the sobering cell when they no longer pose a threat to their own safety or the safety of others. 1057 DEVELOPMENTALLY DISABLED Policy 900.3.1(j) Individuals Who Should not INMATES be in Temporary Custody X There are written procedures for identification and Prisoners identified with a developmental evaluation of all developmentally disabled inmates. disorder will be transported to county jail. A contact to the regional center occurs within 24 hours This would occur at the county jail. when an inmate is suspected or confirmed to be X developmentally disabled. 1058 USE OF RESTRAINT DEVICES Policy 900.6 Use of Restraint Devices There are written policies and procedures for the use of Security devices (hand cuffs and leg restraints) X restraint devices. are authorized at the city jail. Other restraint devices are not used. The remaining text of this regulation is deleted from the checklist. 1067 ACCESS TO TELEPHONE Policy 900.5.5 Telephone Calls There are written policies and procedures that allow X reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS Policy 900.5.2(f) Temporary Custody Requirements There are written policies and procedures that ensure the X inmate's right to confidential consultation with attorneys. 3430 Calistoga PD THJ PRO.docx - 5 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1081 PLAN FOR INMATE DISCIPLINE (WA) Policy 900.5.10 Discipline There are written policies and procedures for inmate discipline. (This may be waived by written policy X stating that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) DETENTION OF MINORS YES NO N/A Are minors held in this facility? If YES, then the core requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the X provisions of Title 15, Article 9, Minors in Detention in a Law Enforcement Facility apply and will be inspected for. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. Number of violations: Reference: WIC 206 & 207 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles may not be confined or detained in any facility in which they have contact with adult prisoners. X Number of violations: Reference: WIC 208 42 USC 5633 SECTION 223(a)(13) JAIL REMOVAL (SIX-HOUR HOLD EXCEPTION) During the previous calendar year, minors are securely X detained for a period not to exceed six hours. Number of violations: Reference: WIC 207.1(d)1(B) 3430 Calistoga PD THJ PRO.docx - 6 - A352 TH PRO eff. 9/2012.dot PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 3430 FACILITY NAME: Calistoga Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1988 FIELD REPRESENTATIVE: Robert Takeshta DATE: June 19, 2018 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification Cells (WA) (2.4) X Limited to no more than 8 inmates Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) No cell of this type in the facility. Text of X regulation deleted from checklist. Shower-Delousing Room (3.4) Available outside security area. X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 3430 Calistoga PD THJ PHY.docx - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Audio Monitoring (2.22) X For facilities planned or constructed after 8-86 Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 3430 Calistoga PD THJ PHY.docx - 2 - A370 PHY CH-TH 1-78.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3430 FACILITY: Calistoga Police Department TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Robert Takeshta DATE: June 19, 2018 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 Pre- Holding 1988 1 4 (4) 5.9' X 7.0' X 8.0' Booking Notes: 40.25 square feet; 84" bench; toilet, washbasin and drinking fountain in adjacent area 2 Holding 1988 1 1 4 (4) 11.4' X 6.1' x 8.0' 1 1 1 Notes: 68.9 square feet; bunk rated as bench space when prisoner not held longer than 12 hours 3 Sobering 1988 1 4 (4) 11.2' X 7.9' X 7.6' 1 1 1 Notes: 86.54 square feet; padded walls, floor and ceiling *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. 3430 Calistoga PD THJ LASE.docx - 1 - A360 LAS Adult.dot (9/98)