Orange County, Costa Mesa Police Department (2018-2020 inspection cycle)

December 10, 2020 Bryan Glass, Chief of Police Costa Mesa Police Department 99 Fair Drive Costa Mesa CA 92628 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Glass: As you are aware, The Board of State and Community Corrections (BSCC) is statutory required to inspect all Local detention facility’s biennial for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations, per Penal Code Section 6031 and for Welfare and Institutions Code (WIC) Section 209. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation your agency provided. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report is enclosed and consists of this transmittal letter and the Procedures Checklist outlining applicable Title 15 sections. Local Inspection 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 Sections 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. A fire inspection has not been completed and found to be noncompliance. There were no noncompliance issues as it relates to the county health 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. There are policies standards that needs to be update: 3620 Orange Costa Mesa PD I LTR 18-20 Bryan Glass, Chief of Police Page 2 • 1029 Policies and Procedures Manual: The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Please refer to the Procedures Checklist for detailed information. • 1032 Fire Suppression Preplanning (c): Fire prevention inspections required at least once every two years. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodel project concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION 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). Secure youth are not held in the jail. They are detained in a lock interview room in the administration area of the police station. Outside. No area of noncompliance was noted. CORRECTIVE ACTION PLAN Please review the enclosed Policy and Procedure Checklist for policies that needs to be updated. Please provide an updated policy plan so that BSCC may update our files to indicate compliance. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC remain committed to be a resource to your agency regarding your custodial questions or concerns. If you have any questions, or concerns, please contact our office at any time. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Costa Mesa* City Manager, City of Costa Mesa* Presiding Judge, Superior Court, County of Orange* Grand Jury Foreperson, Superior Court, County of Orange* Francisco Diez, Jail Supervisor, Costa Mesa Police Department *Complete copies of this inspection are available at www.bscc.ca.gov. 3620 Orange Costa Mesa PD I LTR 18-20 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:3620 FACILITY NAME: Costa Mesa Police Department City Jail FACILITY TYPE: I PERSON(S) INTERVIEWED: Francisco Diez FIELD REPRESENTATIVE: Michael J. Bush DATE: 05/14/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 The Costa Mesa Police Department City contracts with G4S to provide jail management. (a) In addition to the provisions of California Penal Code Section 831.5, all custodial personnel of a Type I, II, III, or ☒ ☐ ☐ IV facility shall successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING Jail supervisor has completed STC approved supervisory training at Orange County. Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING 173 Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 3620 Orange Costa Mesa PD I PRO 18-20 - 1 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING 173 With the exception of any year that a core training module is successfully completed, all facility/system administrators, ☒ ☐ ☐ managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 1027 NUMBER OF PERSONNEL In addition to the implementation and operation of all programs and activities required by the regulations, another predicator for compliance A sufficient number of personnel shall be employed in each local detention facility to ensure the implementation and ☒ ☐ ☐ with this section is the availability of staff to complete and document at least hourly safety operation of the programs and activities required by these checks. regulations. Whenever there is an inmate in custody, there shall be at 176 Documentation required on the Hourly least one employee on duty at all times in a local detention Inspection Log. facility or in the building which houses a local detention facility who shall be immediately available and accessible to 519 Notations required if missed. inmates in the event of an emergency. ☒ ☐ ☐ A review of safety check logs coupled with the totality of the inspection process was the basis for the finding with this section. Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there 153 shall be at least one female employee who shall be Always a female available onsite in this event. ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 176 Documentation required on the Hourly Safety checks shall be conducted at least hourly through Inspection Log. ☒ ☐ ☐ direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. 519 Notations required if missed. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 1028 FIRE AND LIFE SAFETY STAFF Accomplished during core training. Pursuant to Penal Code Section 6030(c), whenever there is ☒ ☐ ☐ an inmate in custody, there shall be at least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. The facility manager shall ensure that there is at least one Staff receive fire and life safety instruction person on duty who is trained in fire and life safety ☒ ☐ ☐ during orientation and Core training. procedures that relate specifically to the facility. 3620 Orange Costa Mesa PD I PRO 18-20 - 2 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 3 Costa Mesa Police Department Jail Manual. Facility administrator(s) shall develop and publish a manual There are a few regulations standards that were of policy and procedures for the facility. The policy and revised or added. procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☐ ☒ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of 100 - 105 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 100 and 102 ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 106 (4) Policy on the use of restraint equipment, including the 511 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 167 - 169 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: ☒ ☐ ☐ 129 (A) physical counts of inmates, ☒ ☐ ☐ 104 (B) searches of the facility and inmates, ☒ ☐ ☐ 121-123 (C) contraband control, and, ☒ ☐ ☐ 121 (D) key control. ☒ ☐ ☐ 108 Each facility administrator shall, at least annually, review, Emergence Procedures evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 177 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ Emergence Procedures (C) mass arrests; ☒ ☐ ☐ Emergence Procedures (D) natural disasters; ☒ ☐ ☐ Emergence Procedures (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ Emergence Procedures (F) storage, issue, and use of weapons, ammunition, Emergence Procedures ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 522 (9) Segregation of Inmates. ☒ ☐ ☐ 190 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3620 Orange Costa Mesa PD I PRO 18-20 - 3 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (10) Zero tolerance in the prevention of sexual abuse and PREA policy is under construction. Please sexual harassment. ☐ ☒ ☐ inform BSCC when the draft becomes permanent. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☐ ☒ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 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, 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 522 The facility shall have a comprehensive written suicide These types of prisoners will not be detained. prevention program developed by the facility administrator, ☐ ☐ ☒ in conjunction with the health authority and mental health Remainder of section is deleted. director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: 1032 FIRE SUPPRESSION PREPLANNING 177 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 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 The Jail Safety Officer is responsible for monthly basis with two-year retention of the inspection ☒ ☐ ☐ conducting a fire prevention inspection record; once each month. (c) fire prevention inspections as required by Health and Please provide a current fire inspection report. Safety Code Section 13146.1(a) and (b) which requires ☐ ☒ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ Posted. (e) a plan for the emergency housing of inmates in the case of Orange County Jail ☒ ☐ ☐ fire. 1040 POPULATION ACCOUNTING 128 Each facility administrator shall maintain an inmate ☐ ☐ ☐ demographics accounting system which reflects the monthly average daily population of sentenced and non-sentenced inmates by categories of male, female and juvenile. 3620 Orange Costa Mesa PD I PRO 18-20 - 4 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Facility administrators shall provide the BSCC with applicable inmate demographic information as described in ☒ ☐ ☐ the Jail Profile Survey. 1041 INMATE RECORDS 128 (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the maintenance of individual inmate records which shall ☒ ☐ ☐ include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its inmates. The data ☒ ☐ ☐ collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1) (federal survey on sexual violence). 1044 INCIDENT REPORTS 129 Each facility administrator shall develop written policies and 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 involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned Must be completed prior to leaving work. to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1045 PUBLIC INFORMATION PLAN 178 Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the ☒ ☐ ☐ dissemination of information to the public, to other government agencies, and to the news media. The public and inmates shall have available for review the following material: (a) The State Corrections Standards Authority Minimum Title 15 is available upon request. Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ (2) 1061, Inmate Education Plan ☐ ☐ ☒ (3) 1062, Visiting ☒ ☐ ☐ (4) 1063, Correspondence ☒ ☐ ☐ (5) 1064, Library Service ☒ ☐ ☐ (6) 1065, Exercise and Recreation ☒ ☐ ☐ (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ (8) 1067, Access to Telephone ☒ ☐ ☐ 3620 Orange Costa Mesa PD I PRO 18-20 - 5 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ (10) 1069, Inmate Orientation ☒ ☐ ☐ (11) 1070, Individual/Family Service Programs ☐ ☐ ☒ (12) 1071, Voting ☐ ☐ ☒ (13) 1072, Religious Observance ☐ ☐ ☒ (14) 1073, Inmate Grievance Procedure ☐ ☐ ☒ (15) 1080, Rules and Disciplinary Penalties ☐ ☐ ☒ (16) 1081, Plan for Inmate Discipline ☐ ☐ ☒ (17) 1082, Forms of Discipline ☐ ☐ ☒ (18) 1083, Limitations on Discipline ☐ ☐ ☒ (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ 1046 DEATH IN CUSTODY 1200.32 (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ☒ ☐ ☐ ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor Minors are not detained in the jail setting. In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney 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. 3620 Orange Costa Mesa PD I PRO 18-20 - 6 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 240.00(a) (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed ☒ ☐ ☐ and other criteria which will provide for the safety of the inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall establish 191 and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign inmates to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available about the inmate and from the inmate and shall provide for ☒ ☐ ☐ a channel of appeal by the inmate to the facility administrator or designee. An inmate who has been sentenced to more than 60 days may request a review of his classification plan no more often than 30 days from his last review. Subsection b does not apply and has been deleted. (c) In deciding whether to assign an inmate to a housing area Cell location placed on the booking sheet. for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 501 Medical/Mental Health Pre-Screening The facility administrator, in cooperation with the In practice these types of prisoners will not be responsible physician, shall develop written policies and ☒ ☐ ☐ detained. procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ 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. 3620 Orange Costa Mesa PD I PRO 18-20 - 7 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES 505 The facility administrator, in cooperation with the Has policy, but in practice prisoners will be ☒ ☐ ☐ responsible physician, shall develop written policies and transported to an appropriate facility. procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. 505 If an evaluation from medical or mental health staff is not Will occur at Orange County Jail. readily available, an inmate shall be considered mentally 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 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 ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 190 Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 190 secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL 521 The safety cell described in Title 24, Part 2, Section Used only to hold inmates who display behavior ☒ ☐ ☐ 1231.2.5, shall be used to hold only those inmates who that results in the destruction of property or display behavior which results in the destruction of property reveals intent to cause physical harm to self or or reveals an intent to cause physical harm to self or others. 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 The safety cell will not be used to punish unruly ☒ ☐ ☐ a substitute for treatment. inmates. 3620 Orange Costa Mesa PD I PRO 18-20 - 8 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An inmate shall be placed in a safety cell only with the Continued retention in a safety cell shall be approval of the facility manager or designee, or responsible reviewed a minimum of every eight hours by the health care staff; continued retention shall be reviewed a Jail Supervisor or, in his absence, the Watch minimum of every four hours. ☒ ☐ ☐ Commander. Please change policy language to reflect regulations section retention time. A medical assessment shall be completed within a maximum A medical clearance shall be completed within a of 12 hours of placement in the safety cell or at the next daily maximum of 12-hours (continuous retention sick call, whichever is earliest. only) in the safety cell or at the next sick call, whichever is earliest. If an inmate has had to ☒ ☐ ☐ remain housed in a safety cell for 12 continuous hours, the custody officer shall notify the Jail Supervisor or, in his absence, the Watch Commander, to re-evaluate the retention options. The inmate shall be medically cleared for continued A mental health opinion on placement and retention every 24 hours thereafter. retention must be secured within 24-hours (continuous) of the initial placement into the safety cell. ☒ ☐ ☐ A physician at the hospital may accomplish the mental health opinion at the time of the initial medical assessment or a mental health clinician may be called to the Jail as per the procedures found in section 505 Mental Health Access. 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 If an inmate is placed inside a safety cell solely every thirty minutes. Such observation shall be documented. for the purpose of conducting a search, there is no requirement to prepare a Safety Cell Log. ☒ ☐ ☐ Direct visual inspection of inmates confined in safety cells shall be conducted and documented at least twice every thirty minutes. Procedures shall be established to assure administration of ☒ ☐ ☐ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be Inmates shall be allowed to retain sufficient provided with a suitably designed “safety garment,” to clothing to provide for their personal privacy provide for their personal privacy unless specific identifiable ☒ ☐ ☐ unless specific identifiable risks to the inmate’s risks to the inmate's safety or to the security of the facility safety or to the security of the Jail are are documented. documented. 1056 USE OF SOBERING CELL 520 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 The custody officer will determine when an are able to continue in the processing. inmate is ready to be removed from the sobering cell. The inmate should be removed ☒ ☐ ☐ from the sobering cell when the inmate no longer exhibits symptoms of alcohol and/or drug intoxication. 3620 Orange Costa Mesa PD I PRO 18-20 - 9 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 Need to add new language to manual. ☒ ☐ ☐ receive an evaluation by responsible health care staff. Intermittent direct visual observation of inmates held in the Intermittent direct visual observation of inmates sobering cell shall be conducted no less than every half hour. held in the sobering cell shall be conducted and Such observation shall be documented. documented on the Sobering Cell Log no less than every half hour. Closed circuit television ☒ ☐ ☐ monitoring does not fulfill this requirement. The monitoring of an intoxicated sleeping inmate should be performed at least once every half hour and more frequently as indicated. 1057 DEVELOPMENTALLY DISABLED 507 INMATES Has policy, but in practice prisoners will be The facility administrator, in cooperation with the transported to an appropriate facility. ☒ ☐ ☐ 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 center on any inmate suspected or confirmed to be 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 511 Restraint devices for this purpose are not used at The facility administrator, in cooperation with the this facility. responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices and may delegate The remainder of the text of the regulation has authority to place an inmate in restraints to a responsible been deleted. health care staff. 1058.5 RESTRAINTS AND PREGNANT INMATES Restraint devices for this purpose are not used at this facility. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ Pease add language to the manual to reflex procedures for the use of restraint devices on pregnant departments procedures. . 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 delivery shall not be restrained by the use of leg irons, waist ☐ ☐ ☒ chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or ☐ ☐ ☒ recovery after delivery determines that the removal of restraints is medically necessary. 3620 Orange Costa Mesa PD I PRO 18-20 - 10 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards and policies ☐ ☐ ☒ governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO Force is not used. COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS The remainder of section is deleted. (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including ☐ ☐ ☒ peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. 1062 VISITING 137 (a) The facility administrator shall develop written policies Facility is operating as a temporary holding ☒ ☐ ☐ and procedures for inmate visiting which shall provide for facility. No sentenced inmates are detained. as many visits and visitors as facility schedules, space, and number of personnel will allow. (b) In Type I facilities, the facility administrator shall 1042 develop and implement written policies and procedures to allow visiting for non-sentenced detainees. The policies and ☐ ☐ ☒ procedures will include a schedule to assure that non- sentenced detainees will be afforded a visit no later than the calendar day following arrest. (c) The visiting policies developed pursuant to this section shall include provision for visitation by minor children of the ☐ ☐ ☒ inmate. (d) Video visitation may be used to supplement existing visitation programs, but shall not be used to fulfill the ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an inmate. (e) Facilities shall not charge for visitation when visitors are onsite and participating in either in-person or video ☐ ☐ ☒ visitation. For purposes of this subsection, “onsite” is defined as the location where the inmate is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or ☐ ☐ ☒ (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video ☐ ☐ ☒ visitation per week shall be offered free of charge. Types and availability of visitation, including: Facility is operating as a temporary holding Note: Reference PC § 6031.1 (June 2017) facility. No sentenced inmates are detained. Mode of visitation; N/A Visitation hours; N/A Time inmates are allowed for visitation; and, N/A Any restrictions on inmate visitation. N/A 1063 CORRESPONDENCE 189 Facility is operating as a temporary holding ☒ ☐ ☐ The facility administrator shall develop written policies and facility. procedures for inmate correspondence which provide that: 3620 Orange Costa Mesa PD I PRO 18-20 - 11 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) there is no limitation on the volume of mail that an inmate ☐ ☐ ☒ may send or receive; (b) inmate correspondence may be read when there is a valid security reason and the facility manager or his/her ☐ ☐ ☒ designee approves; (c) jail staff shall not review inmate correspondence to or from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may ☐ ☐ ☒ open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the inmate; (d) inmates may correspond, confidentially, with the ☐ ☐ ☒ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted at least two postage paid envelopes and two sheets of paper each week to permit correspondence with family members ☐ ☐ ☒ and friends but without limitation on the number of postage paid envelopes and sheets of paper to his or her attorney and to the courts. 1065 EXERCISE AND RECREATION 186 Facility is operating as a temporary holding ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make facility. table games and/or television available to inmates. 1066 BOOKS, NEWSPAPERS, PERIODICALS, 180 AND WRITINGS Facility is operating as a temporary holding facility. (b) The facility administrator of a Type I facility shall ☒ ☐ ☐ develop and implement a written plan to make available a daily newspaper in general circulation, including a non- English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE 147 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these 189 ☐ ☐ ☒ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 141 1069 INMATE ORIENTATION 182 Posted (b) In Type I facilities, the facility administrator shall Facility is operating as a temporary holding develop written policies and procedures for a program ☒ ☐ ☐ facility. reasonably understandable to non-sentenced detainees to orient an inmate at the time of placement in a living area. Such a program shall be published and include, but not be limited to, the following: (1) rules and disciplinary procedures; ☒ ☐ ☐ 3620 Orange Costa Mesa PD I PRO 18-20 - 12 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) visiting rules; ☒ ☐ ☐ (3) availability of personal care items, opportunities ☒ ☐ ☐ for personal hygiene; (4) availability of reading and recreational materials; ☒ ☐ ☐ and, (5) medical/mental health procedures. ☒ ☐ ☐ 1071 VOTING 181 Facility is operating as a temporary holding The facility administrator of a Type I (holding sentenced facility. inmate workers) II, III or IV facility shall develop written ☐ ☐ ☒ policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES 140 Facility is operating as a temporary holding The facility administrator of a Type I, II, III or IV facility facility. ☐ ☐ ☒ shall develop written policies and procedures to provide opportunities for inmates to participate in religious services, practices and counseling on a voluntary basis. 1073 INMATE GRIEVANCE PROCEDURE 142 & 1073 Applicable to Type I facilities holding sentenced workers. Facility is operating as a temporary holding facility. (a) Each administrator of a Type II, III, or IV facility and Type I facilities which hold inmate workers shall develop written policies and procedures whereby any inmate may ☒ ☐ ☐ appeal and have resolved grievances relating to any conditions of confinement, including but not limited to: medical care; classification actions; disciplinary actions; program participation; telephone, mail, and visiting procedures; and food, clothing, and bedding. Such policies and procedures shall include: (1) a grievance form or instructions for registering a ☐ ☐ ☒ grievance; (2) resolution of the grievance at the lowest appropriate ☐ ☐ ☒ staff level; (3) appeal to the next level of review; ☐ ☐ ☒ (4) written reasons for denial of grievance at each level ☐ ☐ ☒ of review which acts on the grievance; (5) provision for response within a reasonable time ☐ ☐ ☒ limit; and, (6) provision for resolving questions of jurisdiction ☐ ☐ ☒ within the facility. (b) Grievance System Abuse: The facility may establish written policy and procedure to ☐ ☐ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY PENALTIES 188 If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections Discipline is not administered. 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary penalties to guide inmate conduct. 3620 Orange Costa Mesa PD I PRO 18-20 - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? Minors are not detained within the secure perimeter of the jail. 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 MINOR IN AN ADULT DETENTION FACILITY ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; ☒ ☐ ☐ 240.24 (b) (b) use of restraints; ☒ ☐ ☐ 240.24 (c) (c) emergency medical assistance and services; and, ☒ ☐ ☐ 240.24 (d) (d) prohibiting use of discipline. ☒ ☐ ☐ 240.24 (a) 3620 Orange Costa Mesa PD I PRO 18-20 - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).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 1143 CARE OF MINORS IN TEMPORARY 240.24 (f) CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ (2) one snack upon request during term of temporary custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ (4) privacy during consultation with family, guardian, ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 240.24 (f) 1. ADULT PRISONERS ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, 240.24 (h) such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 240.24 (h) A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a 240.24 (h) 5. serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; 3620 Orange Costa Mesa PD I PRO 18-20 - 15 - A352 Type 1 PRO eff. 1/2019 (18-20).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) severity of the offense(s) for which the minor was ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 240.24 (k) 1. CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; 240.24 (k) 2. ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the 240.24 (k) 3. minor by staff of the law enforcement facility, at ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 240.24 (j) CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 3620 Orange Costa Mesa PD I PRO 18-20 - 16 - A352 Type 1 PRO eff. 1/2019 (18-20).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 1149 CRITERIA FOR NON-SECURE CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- 240.24 (n) SECURE CUSTODY Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF 533 ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☐ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 3620 Orange Costa Mesa PD I PRO 18-20 - 17 - A352 Type 1 PRO eff. 1/2019 (18-20).dot