Orange County, Brea Police Department (2020-2022 inspection cycle)

September 27, 2021 Adam Hawley, Chief of Police Brea Police Department 1 Civic Center Circle Brea, CA 92821 2020-2022 BIENNIAL INSPECTION OF BREA POLICE DEPARTMENT, TEMPORARY HOLDING FACILITY,6031 PC & 209 WIC Dear Chief Hawley: On August 17, 2021, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Brea 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; and, the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. Local Inspections In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Department and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your Department under a separate cover. Each inspection is current with no violations or noncompliance noted. 3600 Orange Brea TH LTR 20-22 Chief Hawley Page 2 Inspection Date Fire and Life Safety 03/03/2021 Medical and Mental Health 12/04/2020 Environmental Health 12/04/2020 Nutrition N/A BSCC Inspection 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 one item of noncompliance: • 1029 Policy and Procedures Manual – There are sections missing form your manual that need to be added: o Zero tolerance in the prevention of sexual abuse and sexual harassment; o Detect, prevent, and respond to retaliation against any staff or inmate after reporting any abuse; o Multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other inmates or staff for reporting sexual abuse and sexual harassment; and o A method for uninvolved inmates, family, community members, and other interested third-parties to report sexual abuse or sexual harassment. 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 Please review and forward the department’s “Procedures” as it relates to the noncompliant stated above by December 10, 2021. 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. 3600 Orange Brea TH LTR 20-22 Chief Hawley Page 3 Justice and Delinquency Prevention Act Compliance The BSCC monitors local detention facilities for compliance with JJDPA; no minors were held beyond the 6-hour limit for secure detention during this inspection cycle. This concludes our 2020-2022 biennial inspection report for the Brea Police Department Temporary Holding Facility. If you should have any questions, please contact me at (916) 956- 5968 or email at michael.bush@bscc.ca.gov. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division cc: City Manager, City of Brea* Presiding Judge, Superior Court, County of Orange* Grand Jury Foreman, Superior Court, County of Orange* Joshua Honey, Jailer, Brea Police Department * Complete copies of this inspection are available at www.bscc.ca.gov 3600 Orange Brea TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3600 FACILITY NAME: Michael J. Bush FACILITY TYPE: TH PERSON(S) INTERVIEWED: Jailer Joshua Honey FIELD REPRESENTATIVE: Michael J. Bush DATE: 08/17/2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.12 HOLDING FACILITY TRAINING 575 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. (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, 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 any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. 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 every two years. Successful completion of the requirements 575 in Section 1025, Continuing Professional Training may be Eight hours of refresher training was completed substituted for the eight hour refresher. ☒ ☐ ☐ per records. The Training Coordinator maintains records of all such training in the personnel’s training file. 1027 NUMBER OF PERSONNEL 900.3.2 900.3.3 A sufficient number of personnel shall be employed in each 565-566 ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 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. 3600 Orange Brea TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900.3.2 least one employee on duty at all times in a local detention 565 facility or in the building which houses a local detention ☒ ☐ ☐ A trained department member is present at all facility who shall be immediately available and accessible to times when an arrestee is held in custody. inmates in the event of an emergency. Such an employee shall not have any other duties which 900.3.2 would conflict with the supervision and care of inmates in 565 the event of an emergency. The trained staff is responsible for supervising ☒ ☐ ☐ arrestee and will not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more female inmates are in custody, there 900.3.2 shall be at least one female employee who shall be 565 immediately available and accessible to such females. Will call neighboring city when there are no Note: Reference PC§ 4021. trained female staff available. ☒ ☐ ☐ Absent exigent circumstances, such as a medical emergency or a violent subject, members should not enter the cell of a person of the opposite sex unless a member of the same sex as the person in custody is present To determine if there is a sufficient number of personnel for 900.3.3 a specific facility, the facility administrator shall prepare and 566 retain a staffing plan indicating the personnel assigned in the The Chief of Police or the authorized designee facility and their duties. Such a staffing plan shall be shall ensure a staffing plan is prepared and reviewed by the Board staff at the time of their biennial maintained, indicating assigned personnel and inspection. The results of such a review and ☒ ☐ ☐ their duties. recommendations shall be reported to the local jurisdiction The plan will ensure that at least one member having fiscal responsibility for the facility. who meets the training standards and is trained in fire- and life-safety procedures relating specifically to the facility is on-duty at all times. 1027.5 SAFETY CHECKS 900.8 (e) 572-573 Safety checks shall be conducted at least hourly through Safety checks by department members shall direct visual observation of all inmates. There shall be no occur no less than every 15 minutes. ☒ ☐ ☐ more than a 60-minute lapse between safety checks. BSCC staff reviewed and verified 10 months of observation logs. Each log viewed were within the regulation standard 60-minute time frame. There is a written plan that includes the documentation of 900.8(e), 900.5.1, 900.5.5 routine safety checks. 572-573, 568, 569 1. Safety checks should be at varying times. 2. All safety checks shall be logged. 3. The safety check should involve questioning ☒ ☐ ☐ the individual as to his/her wellbeing. 4. Individuals who are sleeping or apparently sleeping should be awakened. 5. Requests or concerns of the individual should be logged. 3600 Orange Brea TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1028 FIRE AND LIFE SAFETY STAFF 900.3.3 566 Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 900.3.2 person on duty who trained in fire and life safety procedures 566 that relate specifically to the facility. ☒ ☐ ☐ All custody staff received fire and life safety training during their required eight course. 1029 POLICY AND PROCEDURES MANUAL 2 900.1 564 Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and Agency continues to use Lexipol custody procedures manual shall address all applicable Title 15 and manual. Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of 900.11 ☒ ☐ ☐ communications. 574-575 (2) Inspections and operations reviews by the facility 900.11 (m) ☒ ☐ ☐ administrator/manager. 574-575 (3) Policy on the use of force. ☒ ☐ ☐ 900.5.8 571; Defers to Department Policy (4) Policy on the use of restraint equipment, including the 900.6, 900.6.1 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 572 Section 3407. (5) Procedure and criteria for screening newly received 900.10 inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ 900.11 574-575 (A) physical counts of inmates, ☒ ☐ ☐ 900.11 574-575 (B) searches of the facility and inmates, ☒ ☐ ☐ 900.11 574-575; 901 576-581 (C) contraband control, and, ☒ ☐ ☐ 900.11 574-575 (D) key control. ☒ ☐ ☐ 900.11 (b) 574 Each facility administrator shall, at least annually, review, 900.12 evaluate, and make a record of security measures. The review 574-575 and evaluation shall include internal and external security ☒ ☐ ☐ 900.4.1 measures of the facility including security measures specific 567 to prevention of sexual abuse and sexual harassment. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3600 Orange Brea TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (7) Emergency procedures include: 900.11 (g) (A) fire suppression preplan as required by section ☒ ☐ ☐ 574-575 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.11 574-575 (C) mass arrests; ☒ ☐ ☐ 900.11 574-575 (D) natural disasters; ☒ ☐ ☐ 900.11 574-575 (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 900.11 574-575 (F) storage, issue, and use of weapons, ammunition, 900.11 574-575; ☒ ☐ ☐ chemical agents, and related security devices. 900.5.7 571 (8) Suicide Prevention. ☒ ☐ ☐ 900.4 566 (9) Segregation of Inmates. ☒ ☐ ☐ 900.4.1 567 (10) Zero tolerance in the prevention of sexual abuse and Need to add to your policy manual. ☐ ☒ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond Need to add to your policy manual to retaliation against any staff or inmate after reporting ☐ ☒ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, Need to add to your policy manual. Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☐ ☒ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, Need to add to your policy manual. community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☐ ☒ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.4 The facility shall have a comprehensive written suicide If there is any suspicion that the individual may prevention program developed by the facility administrator, ☒ ☐ ☐ be suicidal, he/she will be transported to the City in conjunction with the health authority and mental health jail or the appropriate mental health facility. director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall Remainder of section is deleted. include the following: 1032 FIRE SUPPRESSION PREPLANNING 900.11 (g) 574-575 Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire 900.11 department to be included as part of the policy and procedures 574-575 ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 900.11 monthly basis with two-year retention of the inspection ☒ ☐ ☐ 574-575 record; 3600 Orange Brea TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) fire prevention inspections as required by Health and 900.11 Safety Code Section 13146.1(a) and (b) which requires 574-575 ☒ ☐ ☐ inspections at least once every two years; 03/03/2021 (d) an evacuation plan; and, 900.11 ☒ ☐ ☐ 574-575 (e) a plan for the emergency housing of inmates in the case of 900.11 ☒ ☐ ☐ fire. 574-575 1044 INCIDENT REPORTS 900.5.8 571 Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ Any incident that results in physical harm or reporting of all incidents which result in physical harm, or serious threat of physical harm to a member, serious threat of physical harm, to an employee or inmate of person in custody or any other person shall be a detention facility or other person. documented. Such records shall include the names of the persons 900.5.8 involved, a description of the incident, the actions taken, and ☒ ☐ ☐ 571 the date and time of the occurrence. Such a written record shall be prepared by the staff assigned 900.5.8 to investigate the incident and submitted to the facility 571 manager or his/her designee. Copies of all reports generated regarding the above circumstances shall be submitted as soon as reasonably practicable but no later than 24 hours. ☒ ☐ ☐ The Watch Commander will retain a record of these reports for inspection purposes. There were no incidents report to review during this inspection cycle. 1046 DEATH IN CUSTODY 900.9 573 (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health The Uniform Patrol Division Commander will administrator, shall develop written policy and procedures ensure procedures are in place to address any to ensure that there is an initial review of every in-custody suicide attempt, death or serious injury of any death within 30 days. The review team shall include the individual in temporary custody at the Brea facility administrator and/or the facility manager, the health Police Department. The procedures should administrator, the responsible physician and other health include the following: care and supervision staff who are relevant to the incident. (a) Immediate request for emergency medical ☒ ☐ ☐ assistance if appropriate (b) Immediate notification of the Watch Commander, Chief of Police and Investigative Services Division Commander (c) Notification of the spouse, next of kin or other appropriate person (d) Notification of the appropriate prosecutor (e) Notification of the City Attorney (f) Notification of the Coroner (g) Evidence preservation 3600 Orange Brea TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Deaths shall be reviewed to determine the appropriateness of (h) In-custody death reviews clinical care; whether changes to policies, procedures, or (i) Notification to the Attorney General within practices are warranted; and to identify issues that require ☒ ☐ ☐ 10 days of any death in custody including any further study. reasonably known facts concerning the death (Government Code § 12525) (b) Death of a Minor 312.13 In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ 138 lockup, or court holding facility: (1) The administrator of the facility shall provide to the 312.13 Board a copy of the report submitted to the Attorney 138 General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the 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 900.4.1 567 (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written Custody staff and or arresting officers will classification plan designed to properly assign inmates to evaluate issues against the stated risks in to housing units and activities according to the categories of sex, determine the need for placing the individual in age, criminal sophistication, seriousness of crime charged, a single cell: physical or mental health needs, assaultive/non-assaultive 1. Consider whether the individual may be at a behavior, risk of being sexually abused, or sexually harassed high risk of being sexually abused based on all and other criteria which will provide for the safety of the available known information or whether the inmates and staff. Such housing unit assignment shall be person is facing any other identified risk. accomplished to the extent possible within the limits of the ☒ ☐ ☐ 2. Provide any individual identified as being at a available number of distinct housing units or cells in a facility. high risk for sexual. or other victimization with heightened protection. The written classification plan shall be based on objective 3.Ensure individuals are separated according to criteria and include receiving screening performed at the time severity of the crime (e.g., felony of intake by trained personnel, and a record of each inmate's or misdemeanor). classification level, housing restrictions, and housing 4. Ensure males and females are separated by assignments. sight and sound when in cells. (Subsection b does not apply and has been deleted.) 5. Ensure restrained individuals are not placed in cells with unrestrained individuals. (c) In deciding whether to assign an inmate to a housing area 900.4.1 567 for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a BSCC staff reviewed 8 months of inmate case-by-case basis whether a placement would ensure the ☒ ☐ ☐ classification forms. All forms were complete inmate's health and safety, and whether the placement would and ensure inmate health and safety. present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 3600 Orange Brea TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1051 COMMUNICABLE DISEASES 900.4 566 The facility administrator, in cooperation with the Custody staff and or the arresting officer responsible physician, shall develop written policies and responsible for an individual in temporary procedures specifying those symptoms that require ☒ ☐ ☐ custody will evaluate the person for any apparent segregation of an inmate until a medical evaluation is chronic illness, disability, vermin infestation, completed. possible communicable disease or any other potential risk to the health or safety of the individual or others. At the time of intake into the facility, an inquiry shall be 900.4 566 made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as Response will be noted on the medical screening tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ form and transported to the county jail. any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.3.1 564-565 The facility administrator, in cooperation with the ☐ ☐ ☒ responsible physician, shall develop written policies and Non-Detainable Prisoners procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not 900.3.1 (k) readily available, an inmate shall be considered mentally 564-565 disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she Non-Detainable Prisoners appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of 900.3.1 (k) 564-565 ☐ ☐ ☒ the inmate or others. Non-Detainable Prisoners 1053 ADMINISTRATIVE SEGREGATION 900.3.1 (g) 564-565. Except in Type IV facilities, each facility administrator shall Non-Detainable Prisoners develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☐ ☐ ☒ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 900.3.1 (g) 564-565 secure housing but shall not involve any other deprivation of ☐ ☐ ☒ privileges than is necessary to obtain the objective of Non-Detainable Prisoners protecting the inmates and staff. 3600 Orange Brea TH PRO 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 No Safety cell in the facility. The safety cell described in Title 24, Part 2, Section Remainder of section is deleted. ☐ ☐ ☒ 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. 1056 USE OF SOBERING CELL No Sobering in the facility. The sobering cell described in Title 24, Part 2, Section Remainder of section is deleted. 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. 1057 DEVELOPMENTALLY DISABLED 900.3.1 (j) INMATES 564-565 The facility administrator, in cooperation with the ☐ ☐ ☒ Non-Detainable Prisoners responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional 900.3.1 (j) center on any inmate suspected or confirmed to be 564-565 developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, Non-Detainable Prisoners excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 900.6 572 The facility administrator, in cooperation with the responsible physician, shall develop written policies and The use of restraints, other than handcuffs or leg ☐ ☐ ☒ procedures for the use of restraint devices and may delegate irons, generally will not be used for individuals authority to place an inmate in restraints to a responsible in temporary custody. health care staff. Remainder of section is deleted. 1058.5 RESTRAINTS AND PREGNANT INMATES 900.6.1 572 The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ The use of restraints on pregnant female is not procedures for the use of restraint devices on pregnant used for individuals in temporary custody. inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: Remainder of section is deleted. 1067 ACCESS TO TELEPHONE 900.5.5 570 The facility administrator shall develop written policies and procedures which allow reasonable access to a telephone Immediately upon being booked and, except beyond those telephone calls which are required by Section ☒ ☐ ☐ where physically impossible, no later than three 851.5 of the Penal Code. hours after arrest, an individual in custody has the right to make at least three completed calls to an attorney, bail bondsman, and a relative or other person. 3600 Orange Brea TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1068 ACCESS TO COURTS AND COUNSEL 900.5.9 571 The facility administrator shall develop written policies and ☒ ☐ ☐ An attorney may visit at the request of the procedures to ensure inmates have access to the court and to individual in custody or a relative. legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these Prisoners are held for 2-4 hrs. only. ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. 900.5.9 571 ☒ ☐ ☐ Attorneys and bail bondsmen who need to interview an individual in custody will occur in the secure interview room. 1080 RULES AND DISCIPLINARY PENALTIES 900.5.10 571-572 Wherever discipline is administered, each facility ☐ ☐ ☒ Discipline will not be administered to any administrator shall establish written rules and disciplinary individual in custody at this facility. penalties to guide inmate conduct. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Minors are held in non-secure detention only in either the jailer’s office, outside the secure perimeter of the jail or, in the in the officer’s report writing room. 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? No, minors are held in the administrative officer’s report writing area. 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. 3600 Orange Brea TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS- BIENNIAL INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 3600 FACILITY NAME: Brea Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1980 FIELD REPRESENTATIVE: Michael J. Bush DATE: 08/17/2021 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 In cells A – E, when used for sleeping RC is one 0600 (Later, less restrictive 1994 standards only require a per cell. When used as holding, RC is four per cell. X bunk if inmates are held longer than 12 hours) Each cell contains a 76” bench that doubles as a bunk. Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Sobering Cells (WA) (2.4) Remove sober cell (2014) X Limited to no more than 8 inmates Safety Cells (WA) (2.5) No safety cell in this facility. Remainder of regulation deleted from checklist. X Contain 48 square feet with one floor dimension at least 6 feet Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) Available for inmate use per Penal Code § 851.5 X 3600 Orange Brea TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Audio Monitoring (2.22) Video monitoring in each cell, audio is monitored by dispatch. For facilities planned or constructed after 8-86 X Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Alarms go to dispatch. Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 3600 Orange Brea TH PHY 20-22 - 2 - A370 PHY CH-TH 1-78.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3600 FACILITY: Brea Police Department TYPE: TH RC: 0 FIELD REPRESENTATIVE: Michael J. Bush DATE: 08/17/2021 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 2001 1 Not Measured 1 - 1 1 - enclosure Booking 2001 1 Not Measured 1 - 1 1 - enclosure Notes: One holding cell was eliminated in 2001 to construct the two booking enclosures. The enclosures are non-rated space due to size and fixtures. A – E Holding 1980 5 1 4 (20) 7’ x 7’ 1 - 1 1 * Notes: Each cell is equipped with 76” bunk. When used for sleeping, capacity is one per cell. When used for holding, capacity is four per cell. There is one shower in the area for the cells. Sobering 1980 1 - 4 (4) 8’ x 10’ 1 - 1 1 - Sobering cell removed during the remolding of locker room 2014 MJB *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. 3600 Orange Brea TH LAS 20-22 - 1 - A360 LAS Adult.dot (9/98)