Orange County, Fountain Valley Police Department (2018-2020 inspection cycle)

December 10, 2020 Matt Shepard, Chief of Police Fountain Valley Police Department 10200 Slater Ave Fountain Valley, CA 92708 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Shepard: 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. There were no noncompliance issues as it relates to the fire inspection or 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. We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. 3635 Orange Fountain Valley TH LTR 18-20 Matt Shepard, Chief of Police Page 2 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 or in the police station. Non secure minors are held in the report writing area. CORRECTIVE ACTION PLAN No areas of noncompliance were noted and no corrective action is needed. 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 Fountain Valley* City Manager, City of Anaheim Fountain Valley* Presiding Judge, Superior Court, County of Orange* Grand Jury Foreperson, Superior Court, County of Orange* Jennifer Pratt, Sergeant, Fountain Valley Police Department *Copies of the report are located on BSCC website 3635 Orange Fountain Valley TH LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:3635 FACILITY NAME: Fountain Valley Police Department City Jail FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sergeant Jennifer Pratt FIELD REPRESENTATIVE: Michael J. Bush DATE: 05/28/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY All personnel who are responsible for HOLDING FACILITY TRAINING supervising inmates, and supervisors with custodial responsibilities, have completed the eight hours of specialized training. Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (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 All staff have completed the refresher course. every two years. Successful completion of the requirements ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 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. 3635 Orange Fountain Valley TH PRO 18-20 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at . least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. 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 900.3.8 shall be at least one female employee who shall be ☒ ☐ ☐ immediately available and accessible to such females. If there is no female available, the female Note: Reference PC§ 4021. prisoners will be transferred to the county jail. 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 900.04 (d) 3. Requires 30-minute safety checks. Officer Safety checks shall be conducted at least hourly through continue to radio the time of the safety checks direct visual observation of all inmates. There shall be no ☒ ☐ ☒ to the dispatcher, who will log the check in the more than a 60-minute lapse between safety checks. CAD system. Rarely are arrestees placed in holding cells. There is a written plan that includes the documentation of ☒ ☐ ☒ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF This is included in training in section 1024. 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 person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 3635 Orange Fountain Valley TH PRO 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. 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. 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 900.1.1 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.2 b, 900.1.1 and 901.6 ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 (4) Policy on the use of restraint equipment, including the 900.6.1 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 900.5.2 & 901.1.4 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: ☒ ☐ ☐ In practice, this occurs at each safety check. (A) physical counts of inmates, ☒ ☐ ☐ 900.2 & 901.6 (B) searches of the facility and inmates, ☒ ☐ ☐ 902.2 - 902.5.1 (C) contraband control, and, ☒ ☐ ☐ 900.2 & 901.6 (D) key control. ☒ ☐ ☐ 901.6 Each facility administrator shall, at least annually, review, In practice, this is an ongoing process. 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: (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 901.4, 901.5.1 & 414. (C) mass arrests; ☒ ☐ ☐ 901.5.1 (D) natural disasters; ☒ ☐ ☐ 901.5.1 (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 901.4.9 (F) storage, issue, and use of weapons, ammunition, 901.6.3 ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 901.4.7 (9) Segregation of Inmates. ☒ ☐ ☐ 900.3.1 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3635 Orange Fountain Valley TH PRO 18-20 - 3 - A351 TH 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 316.2 900.41 ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 900.5.8 to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 900.5.8 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, 316 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 900.9 The facility shall have a comprehensive written suicide Mentally ill, and suicide risk prisoners will be prevention program developed by the facility administrator, transferred to an appropriate facility. ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those Remainder of section will be deleted. inmates who present a suicide risk. The program shall include the following: 1032 FIRE SUPPRESSION PREPLANNING 901.6.2 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 901.6 monthly basis with two-year retention of the inspection ☒ ☐ ☐ Conducted daily and documented in CAD. record; (c) fire prevention inspections as required by Health and Completed on June 6, 2018 by Fountain Valley Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Fire Dept. No deficiencies were noted, and a fire inspections at least once every two years; clearance was granted. (d) an evacuation plan; and, ☒ ☐ ☐ 901.7 (e) a plan for the emergency housing of inmates in the case of Alternative facilities-Orange County Jail. ☒ ☐ ☐ fire. 1044 INCIDENT REPORTS 300 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. 3635 Orange Fountain Valley TH PRO 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such records shall include the names of the persons Reports are due at the end of shift. 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 to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY 901.4.8 (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 324.7.5 In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Youth are not held in the facility, 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. 1050 CLASSIFICATION PLAN 900.3.1 Bookings are registered in the department JIM (a) Each administrator of a temporary holding, Type I, II, or system. 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. (Subsection b does not apply and has been deleted.) 3635 Orange Fountain Valley TH PRO 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding whether to assign an inmate to a housing area 900.3 for male or female inmates, and in making other housing and Screening is performed by the arresting officer programming assignments, the agency shall consider on a who have been trained during the 8 hours course. 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 900.3.7 Prisoners suspected of having a communicable The facility administrator, in cooperation with the disease are immediately transported to an responsible physician, shall develop written policies and ☒ ☐ ☐ appropriate facility. 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 901.4.2 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. 1052 MENTALLY DISORDERED INMATES 900.3.7 (c) Mentally Disordered persons are transferred The facility administrator, in cooperation with the immediately to an appropriate facility. ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not 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 Not detained. ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.3.1 Except in Type IV facilities, each facility administrator shall These types of prisoners will be transferred to the develop written policies and procedures which provide for county jail. 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. 3635 Orange Fountain Valley TH PRO 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL The Safety cell is no longer used. The safety cell described in Title 24, Part 2, Section The remainder of the text of this regulation has ☒ ☐ ☐ 1231.2.5, shall be used to hold only those inmates who been deleted. 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 This facility does not contain a sobering cell. The sobering cell described in Title 24, Part 2, Section The remainder of the text of this regulation has 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ been deleted. 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. Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☒ ☐ ☐ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED 901.4.2 INMATES Developmentally disabled individuals are immediately transported to an appropriate The facility administrator, in cooperation with the 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 900.6.1 Arrestees requiring this type of restraint would The facility administrator, in cooperation with the be transported immediately to an appropriate responsible physician, shall develop written policies and ☒ ☐ ☐ facility. procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible The remainder of the text of this regulation has health care staff. been deleted. 1058.5 RESTRAINTS AND PREGNANT INMATES Restraints for this purpose are not used at this facility. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ The remainder of the text of this regulation has procedures for the use of restraint devices on pregnant been deleted. inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: 1067 ACCESS TO TELEPHONE 900.58.1 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. 3635 Orange Fountain Valley TH PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1068 ACCESS TO COURTS AND COUNSEL 900.5.6 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY PENALTIES 900.1.5 Wherever discipline is administered, each facility ☒ ☐ ☐ Discipline is not administered at this facility. administrator shall establish written rules and disciplinary penalties to guide inmate conduct. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Youth are not held in the jail facility. 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? 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. 3635 Orange Fountain Valley TH PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot