Orange County, Fullerton Police Department City Jail (2016-2018 inspection cycle)

October 16, 2018 Dan Hughes, Chief of Police Fullerton Police Department 237 West Commonwealth Ave. Fullerton, CA 92832 2016-2018 BIENNIAL INSPECTION 6031 PC & 209 WIC Dear Chief Hughes: On April 3, 2018 the Board of State and Community Corrections’ (BSCC) staff conducted the biennial inspection of the Fullerton City Jail pursuant to Penal Code Section 6031 for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code (WIC) Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the secure detention of minors. Inspection Scope: The inspection consisted of a walk-through of the physical plant, a review of applicable written policies and procedures governing the operation of the facility and a review of documentation to verify that your practices follow your written procedures. Captain Robert Dunn II and Sergeant Dan Castillo were present during the inspection and assisted by answering questions and clarifying procedural issues. Their involvement in the inspection was extremely valuable. The professionalism and courtesy extended during the process was appreciated. The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Procedures Checklist outlining applicable Title 15 sections; the Physical Plant Evaluation outlining Title 24 requirements for design1 and, the Living Area Space Evaluation summarizing the detention facility’s physical plant configuration. Local Inspections: In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and County of Los Angeles Fire Department for a comprehensive perspective of your facility. 1 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel to the jail area. 3640 Fullerton Police Department’s City Jail IJ; 10/16/2018 Dan Hughes, Chief of Police Page 2 There were no areas of non-compliance noted as it relates to the fire inspection or the health inspections. BSCC Inspection Physical Plant: Completed in 1941 and remodeled in 1965, the Fullerton City Jail is inspected as a Type I facility and evaluated using the 1963 Physical Plant Standards. With a Rated Capacity of 16 and the same number of actual beds, there was one male inmate in custody at the time of the inspection. The jail was clean and appeared well maintained for its advanced age. No issues of non-compliance with applicable physical plant standards were identified. Policy, Procedures and Practice BSCC reviewed a subset of the agency’s policy manual specific to the facility operations and compared the contents against relevant regulations to ensure that each subject required by regulation was addressed in policy.2 We informed your staff that there is a recently updated version of Title 15 minimum standards and that the facility should go through the new standards to ensure that the facility will remain in compliance with their policy and procedures manual. Please review the enclosed policy and procedures checklist. BSCC evaluated procedures at the facility and compared them against policy. Those evaluations included a review of documentation related to jail operations including security logs, shift schedules, local inspection results, classification documents, incident reports and other records which give insight to the facility’s operations. When applicable, special attention was given to those low-incidence but high-liability practices involving inebriates, and other high-risk inmates. BSCC sought to ensure that practices matched written procedures and that written documents reflected actual events. Lastly, BSCC interviewed staff to ensure that documented procedures were being performed according to policy. One area of non-compliance was identified: 1056 Use of Sobering cell: Intermittent direct visual observation of inmates in sobering cells conducted no less than every half hour and is documented. We reviewed documented sobering cell entries, and found that several entries went past the required time checks. Staffing One key determination to be made during the inspection process is the adequacy of staffing. Title 15 Section 1027 requires each facility to maintain adequate on-duty staff to ensure the implementation of all programs and activities as required by regulation. Supervision of arrestees is the responsibility of correctional officers, supervised generally by a Jail Manager. BSCC reviewed security check logs, incident reports and arrestee files to ensure that all required tasks were completed in a timely and safe manner. Although not a compliance issue we must remind the department that Penal Code 4021 states that there must be “trained female staff available when there is a female in custody”. Per staff, whenever there is a female in custody the department will turn to their Matron staff, who have received “8 hours” of jail training. However, the department is a Type I facility, female staff will need to attend the “Corrections Officer Core Course” as well as attend 831.5 PC course to adhere to 4021 PC. Juvenile Inspection 2 BSCC does not review all of your policies and procedures. We only review those policies related specifically to the applicable regulations included in Title 15, Minimum Standards for Local Detention Facilities for issues on non- compliance. We do not “approve” your policies nor do we review them for Constitutional or legal issues. We recommend agencies seek policy review through their legal advisor, risk manager, and other persons deemed appropriate. 3640 Fullerton Police Department’s City Jail IJ; 10/16/2018 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3640 FACILITY NAME: Fullerton Police Department City Jail FACILITY TYPE: IJ PERSON(S) INTERVIEWED: Captain Robert Dunn & Sergeant Dan Castillo FIELD REPRESENTATIVE: Michael J. Bush DATE: 04/03/2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 300.3 (p. 37) The Police Department is a Standards and In addition to provisions of Penal Code Section 831.5, all Training for Corrections (STC) participating custodial personnel have successfully completed the agency. Compliance with sections related to “Corrections Officer Core Course” as described in Section training (with the exception of 1021) is 179 of Title 15, CCR within one year of assignment. X determined by an annual audit of training Custodial personnel may substitute 832.3 PC training and records. the “Corrections Officer Basic Academy Supplemental Core Course” as described in Section 180, Title 15, CCR as an alternative. 1021 JAIL SUPERVISORY TRAINING 300.4 (p. 37) X All supervisory custodial personnel have completed the STC or POST supervisory training within one year of assignment. All supervisory custodial personnel have completed the 300.1 (p. 37) “Corrections Officer Core Course” identified in Section 1020. (The intent is that core training be completed prior to X assuming supervisory responsibilities.) 1023 JAIL MANAGEMENT TRAINING 300.4.1 (p. 37) All jail management personnel have completed either the X STC or the POST management course specified in Section 182, Title 15, CCR within one year of assignment. 1025 CONTINUING PROFESSIONAL TRAINING 300.4.1 (p. 37) With the exception of any year that a core training module is successfully completed, all facility/system administrators, X managers, supervisors and custody personnel have successfully completed the annual required training specified in Section 184, Title 15, CCR. 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. x 2 For STC participating agencies, consistency with training sections 1x020, 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. 3640 Fullerton PD City Jail PRO; 04/03/2018 - 1 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1027 NUMBER OF PERSONNEL 201.3 (p. 13) There are sufficient personnel on duty at all times (whenever In addition to the implementation and there is an inmate in custody) to ensure the implementation operation of all programs and activities and operation of all programs and activities required by X required by the regulations, another predicator these regulations. for compliance with this section is the availability of staff to complete and document at least hourly safety checks. There is a written plan that includes the documentation of 504.3 (p. 69) hourly safety checks. X Requires hourly safety checks with documentation on the Jail Security Report. There is at least one employee on duty at all times, who shall 201.3 (p. 15) be immediately available and accessible with the ability to X respond to any inmate in the event of an emergency. Whenever one or more female inmates are in custody, there 201.3 (p. 15) is at least one female employee immediately available and accessible. Matron are used for temporary holding X Note: Reference PC § 4021. facilities. Type I facilities require all trained staff to attend the “Corrections Officer Core Course” as well as 831.5 PC course. A staffing plan is available which indicates personnel 200.3 (p. 13) assigned and their duties. X 1028 1028 FIRE AND LIFE SAFETY STAFF 401 (p. 52-55) Whenever there is an inmate in custody, there is at least one X Occurs during core training. person on duty at all times who meets the BSCC training standards for general fire and life safety. There is at least one person on duty who trained in fire and 401.5 (p. 53) life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 3 100. (p. 6-8) There is a published manual of policies and procedures for Unless otherwise indicated, all policy citations X the facility that addresses applicable regulations and are contained within the Fullerton Police includes: Department Jail Operations Manual Table of organization, including channels of 100.3 100.3.1 (p.6-7) X communications; Inspections and operations reviews by the facility X administrator/manager; Use of force; X Use of restraint equipment, including the restraint of 507.1 to 507.4 (p. 72-73) 507.8 (p. 74) pregnant inmates; X Note: Reference PC § 6030(f); Pregnant inmates, whatever the term of pregnancy, are not held in this facility Screening newly received inmates for release 513 (p. 91-92) X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: 501 (p. 59) X Physical counts of inmates; Searches of the facility; X 508.6 (p. 80); 508.7 (p. 81) 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3640 Fullerton PD City Jail PRO; 04/03/2018 - 2 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Searches of inmates; X 508.1 to 508.5 (p. 75-80) Contraband control; and, X 508.1 (p. 80) Key control. X 203.1 to 203.12 (p. 19-21) At least annually, the facility administrator reviews, evaluates and documents internal and external security X measures. Emergency procedures, including: X 400.3 Escape; X Disturbances; X Taking of hostages; X Civil disturbance; X Natural disasters; X Periodic testing of emergency equipment; Storage, issue and use of weapons, ammunition, X chemical agents; and, X Storage, issue and use of security devices. X Suicide prevention; and, X Segregation of inmates. X The manual is available to all employees. X 100.1 (p. 6) The manual is comprehensively reviewed and updated at 100.3 (p. 6) least every two years. X 1032 FIRE SUPPRESSION PREPLANNING 401.3 (p. 52 There is a fire suppression pre-plan that has been developed in X consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff X with a two-year retention of the inspection record; Fire prevention inspections at least once every two years; 401.6 (p. 53) Note: Reference Health and Safety Code Section X 13146.1(a) and (b); Fire Clearance granted 10/10/2017. An evacuation plan; and, X 401.8 (p. 54) A plan for the emergency housing of inmates in the event 401.7 (p. 54) of a fire. X The Orange County Jail would be used in this event. 1040 POPULATION ACCOUNTING 500.3; 500.4 (p. 57-58) The facility maintains an inmate demographics accounting X system, which reflects the monthly average daily population of sentenced and unsentenced inmates by categories of male, female, and juvenile. The Jail Profile Survey information is provided to the BSCC. 500.3 (p. 57) X Verified. 3640 Fullerton PD City Jail PRO; 04/03/2018 - 3 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1041 INMATE RECORDS 202.1 to 202.6 (p. 17-18) There are written policies and procedures for the We reviewed 10 inmate’s records files maintenance of individual inmate records which include intake information, personal property receipts, commitment X papers, court orders, reports of disciplinary action taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. 1044 INCIDENT REPORTS 204.5.1 (p. 25) There are written policies and procedures for the Must be completed prior to leaving work. maintenance of written records and reporting of all incidents X that result in physical harm, or serious threat of physical We reviewed 10 incident reports. harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and submitted to the facility manager or his/her designee. X 1045 PUBLIC INFORMATION PLAN 206 (p. 28-30) The facility has suitable written policies and procedures for X the dissemination of information to the public, government agencies and news media. Title 15, CCR, Minimum Standards for Local Detention 206.6 (p. 29) X Facilities is available for review by the public and inmates. Facility rules and procedures affecting inmates as specified 206.3 (p. 28) in this section are available to the public and inmates. X 1046 DEATH IN CUSTODY 509 (p. 83-84) X Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or 509.5 (p. 84) manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the 509.3 (p. 83) facility provides the Board of State and Community Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN 502.5 (p. 62) X The facility has a written classification plan designed to properly assign inmates to housing units and activities. Includes receiving screening performed at intake by trained 502.1 (p. 60) personnel. X Cell location placed on the booking sheet. 3640 Fullerton PD City Jail PRO; 04/03/2018 - 4 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Includes maintenance of a record of each inmate's 502.6.2 (p. 64); 202.3 (p. 17) classification level, housing restrictions and housing X assignments. We reviewed 10 completed receiving screening forms. 1051 COMMUNICABLE DISEASES 705 (p. 133-139) There are written policies and procedures specifying those X Intake screening. Will not be held in the symptoms that require segregation of an inmate until a facility. medical evaluation can be completed. An inquiry is made to determine if the inmate has or has had 705.3 (p. 133) any communicable diseases, or has observable symptoms of communicable diseases, including but not limited to X tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or screening device. X 1052 MENTALLY DISORDERED INMATES 502.5 (p. 62-63); 600 (p. 96-98) There are written policies and procedures for the Intake screening. X identification and evaluation of all mentally disordered inmates. Mentally disordered arrestees are not held in this facility. An evaluation by health care staff occurs within 24 hours of 502.3 (p. 60); 700.4 (p. 119-120) identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety of 502.5 (p. 62); 502.5.2 (p. 63) X the inmate or others. There are provisions for transfer of such inmates to a 502.3.1 (p. 60-61); 700.3 (p. 118); 700.6.1 (p. medical facility for diagnosis, treatment, and evaluation of 120) such suspected mental disorder, pursuant to Section 1209, X Title 15, CCR. 1053 ADMINISTRATIVE SEGREGATION 502.5.2 (p. 63) There are written policies and procedures, which provide for Will be transported to the county jail. administrative segregation of inmates who are determined to X be prone to: escape; assault staff or other inmates; disrupt operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and 502.6.2 (p. 64-65) secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting inmates X and staff. 1055 USE OF SAFETY CELL 512.2 (p. 89) The safety cell, specified in Title 24, Part 2, Section 1231 Have not used the safety cell in 2 years. X 2.5, is used only to hold inmates who display behavior that results in the destruction of property or reveals an intent to cause physical harm to self or others. There are written policies and procedures, written by the 512.3 facility administrator in cooperation with the responsible X physician, governing safety cell use. Safety cells are not used for punishment or as a substitute for 512.3 (p. 89-90) X treatment. 3640 Fullerton PD City Jail PRO; 04/03/2018 - 5 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Placement requires the approval of the facility manager or 512.2 (p. 89) X watch commander, or a designated physician. There are written procedures that assure necessary nutrition 512.3 (89-90) X and fluids are administered. Inmates are allowed to retain sufficient clothing, or are 512.3 (e) (p. 90) provided with a “safety garment” to provide for personal X privacy unless risks to the inmate's safety or facility security are documented. Direct visual observation is conducted at least twice every 512.3(d) (p. 89) X 30 minutes and is documented. Continued retention of inmate is reviewed a minimum of 512.3 (c) (p. 89) every eight hours by the facility manager or watch X commander, or a designated physician. A medical assessment is secured within 12 hours of 704.3 (p. 129) placement in this cell or at the next daily sick call, whichever X is earliest, and medical clearance for continued retention is Will be evaluated by qualified medical secured every 24 hours thereafter. personnel prior to 6 hours. A mental health opinion on placement and retention is 704.7 (p. 131) secured within 24 hours of placement. X Will be evaluated by qualified medical personnel prior to 6 hours. 512.2 (p. 89) 1056 USE OF SOBERING CELL Agency uses an Intoxication Assessment Report (Form 828) The sobering cell, specified in Title 24, Part 2, Section 1231 X 2.4 is used only for holding 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. Intermittent direct visual observation of inmates in sobering 512.4 (b) cells conducted no less than every half hour and is X documented. Several checks past the required 30 min. time. An evaluation by a medical staff person or by custody staff, 512.4 (c) (p. 90) pursuant to written medical procedures in accordance with X Section 1213 of these regulations, occurs whenever any inmate is retained in a sobering cell for more than six hours. Such inmates are removed from the sobering cell when they 512.4 (d) (p. 90) are able to continue with processing. X 1057 DEVELOPMENTALLY DISABLED 600 (p. 96-98) INMATES X Will not be held in this facility. There are written procedures for identification and evaluation of all developmentally disabled inmates. A contact to the regional center occurs within 24 hours when 600.3 (i) (p. 97) an inmate is suspected or confirmed to be developmentally X disabled. 1058 USE OF RESTRAINT DEVICES 507 (p. 72-74) Restraint devices for this purpose are not used There are written policies and procedures for the use of at this facility. X restraint devices that include: The remainder of the text of this regulation has been deleted. 3640 Fullerton PD City Jail PRO; 04/03/2018 - 6 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1059 USE OF REASONABLE FORCE TO 508.1 (p. 75) COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS Force is not used. Inmates who refuse DNA sampling are transported to the Orange County Policy and procedures describe the use of reasonable force to Jail. X collect blood specimens, salvia samples, or thumb/palm print impressions from individuals who are required to provide such and refuse written or oral requests to do so. Policies and procedures address: Note: Reference PC § 296 The use of reasonable force is preceded by documented 508.2 (p. 76) efforts to secure voluntary compliance, including advisement of the legal obligation to provide the X specimen, sample or impression and the consequences of failing to do so. Facility watch commander authorization is obtained X prior to use of reasonable force. If the use of reasonable force includes cell extraction, the extraction is audio and videotaped and retained by X X the department, as required by statute. 1062 VISITING 1004.2 (p. 166); 1004.3 (p. 166-167) X Facility administrator has developed and implemented written policies and procedures for inmate visiting. Sentenced inmates are allowed at least two visits totaling at 1004.2 (p. 166) x least one hour per week. Visitation procedures include provisions for visitation by 1004.7 (a) (p. 167-168) X minor children of the inmate. The plan includes a schedule that assures non-sentenced 1004.5 (p. 167) detainees will be afforded a visit no later than the calendar X day following arrest. Visiting is allowed daily. Types and availability of visitation, including: 1004.5 (p. 167) X Note: Reference PC § 6031.1 (June 2017) Mode of visitation; All visits take place in the breezeway at the X west end of the police facility. Visitation hours; X 0900-1100 and 1200-1330 (7 days a week) Time inmates are allowed for visitation; and, At the discretion of the Watch Commander. X 2 adults and 1 child twice weekly. Not exceed 60 min. Any restrictions on inmate visitation. 1063 CORRESPONDENCE 1002.2 (p. 160) The facility administrator has developed written policies and X procedures for inmate correspondence. The policy and procedures provide that: There is no limitation placed on the volume of mail an 1002.3 (p. 160) X inmate may send or receive. Correspondence may be read where there is a valid security 1002.4 (p. 160); 1002.6 (p. 161) X reason and the facility manager or designee approves. 3640 Fullerton PD City Jail PRO; 04/03/2018 - 7 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Jail staff does not review inmate correspondence to or from 1002.4 (p. 160) state and federal courts, any member of the State Bar or holder of public office, and the Board of State and X Community Corrections; however, jail staff may open and inspect such mail only to search for contraband, cash, checks, or money orders in the presence of the inmate. Confidential correspondence with the facility administrator X and/or manager is permitted. Inmates without funds are permitted at least two postage- 1002.9 (p. 163) X paid letters each week to family and friends. Inmates without funds are permitted unlimited postage-paid 1002.9 (p. 160) correspondence with his/her attorney and the courts. X 1065 EXERCISE AND RECREATION 1001.1.1 (p. 158) X Table games and/or television are available to inmates. 1066 BOOKS, NEWSPAPERS, AND 1001.4 (p. 158) PERIODICALS, AND WRITINGS There is a written plan to make available a daily newspaper X in general circulation, including a non-English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE 1003 (p. 164-165) There are written policies and procedures that allow X reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS 1002.4 (p. 160) There are written policies and procedures to ensure that X inmates have access to the courts. Such access shall consist of the following: Unlimited mail as provided in Section 1063(f) of these 1002.3 (p. 160) X regulations. Confidential consultation with attorneys. 1004.9 (p. 168) X 1069 INMATE ORIENTATION 503 (p. 67-68) There are written policies and procedures for the X implementation of a program reasonably understandable to non-sentenced inmates to orient a newly received inmate at the time of placement in a living area. The program shall be published. X 503.2.1 (p. 67-68) The program shall include, but not be limited to: X Rules and disciplinary proceedings; X 503.2.1 (a) (p. 67) Visiting rules; X 503.2.1 (b) (p. 67) Availability of personal care items; X 503.2.1 ( c ) (p. 67) Availability of reading and recreational materials; 1001.1.1 (p. 158); 503.2.1 (h) (p. 67) X and, Medical/mental health procedures; and, X 503.2.1 (f) (p. 67) 3640 Fullerton PD City Jail PRO; 04/03/2018 - 8 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Voting, including registration. 503.2.1 (o) (p. 68) X 1071 VOTING (Applicable to sentenced inmate workers.) 601.5; 601.5.1; 601.5.2; 601.5.3; 601.5.4; 601.5.5 (p. 101-102) Facilities holding sentenced inmate workers have written policies and procedures whereby the county registrar allows X qualified voters to vote in local, state, and federal elections pursuant to the elections code. 1072 RELIGIOUS OBSERVANCES 1006 (p. 171-174) There are written policies and procedures to provide X opportunities for inmates to participate in religious services, practices, and counseling on a voluntary basis. 1073 INMATE GRIEVANCE PROCEDURE 604 (p. 113-115) (Applicable to facilities having inmate workers and/or prisoners who are held for “safekeeping.”) There was no grievance to review. X Any inmate may appeal and resolve grievances relating to any condition of confinement. There are written policies and procedures that include: A grievance form or instructions for registering a 604.3 (p. 113) X grievance. Resolution at lowest appropriate staff level. X 604.4 (p. 113-114) Provisions for resolving questions of jurisdiction within 604.4.2 (p. 114) X the facility. Provisions for appeal to next level of review. X 604.4.3 (p. 114) Written reasons for denial at each level of review. X 604.4.3 (p. 114) Provisions for response in a reasonable time limit. X 604.4.2 (p. 114) 1081 PLAN FOR INMATE DISCIPLINE (WA) 605.2 (p. 116) There are written policies and procedures for inmate Discipline is not administered at this facility. discipline. (This may be waived by written policy stating X that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 3640 Fullerton PD City Jail PRO; 04/03/2018 - 9 - A352 Type I PRO eff. v-1 09/2012.dot) x DETENTION OF MINORS YES NO N/A Are minors held in this facility? Two lockable rooms outside the secure perimeter of the jail within the law If YES, then the core requirements of the Juvenile Justice enforcement facility. and Delinquency Prevention Act (JJDPA) and the X provisions of Title 15, Article 9, Minors in Detention in a Law Enforcement Facility apply and will be inspected for. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. Reference: WIC 206 & 207 Number of violations:0 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles may not be confined or detained in any facility in which they have contact with adult prisoners. X Reference: WIC 208 Number of violations:0 42 USC 5633 SECTION 223(a)(13) JAIL REMOVAL (SIX-HOUR HOLD EXCEPTION) During the previous calendar year, minors are securely X detained for a period not to exceed six hours. Number of violations:0 Reference: WIC 207.1(d)1(B) x TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1142 WRITTEN POLICIES AND PROCEDURES Lexipol Section 324 X Written policies and procedures concerning minors held in temporary custody address: suicide risk and prevention; X 324.7.2 use of restraints; X 324.7.3 (Restraints are not used) emergency medical assistance and services; and, X 324.7.1 prohibiting use of discipline. 324.7.4 X 1143 CARE OF MINORS IN TEMPORARY 324.3.1 (a) CUSTODY X The following are made available to all minors held in temporary custody: access to toilets and washing facilities; 3640 Fullerton PD City Jail PRO; 04/03/2018 - 10 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS one snack upon request during term of temporary 324.3.1 (b) custody if the minor has not eaten within the past (4) X hours or is otherwise in need of nourishment; access to drinking water; X 324.3.1 (c) privacy during consultations with family, guardian, or 324.3.1 (d) X lawyer; blankets and clothing, as necessary, to assure the 324.4.7 X comfort of the minor; and, his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is X required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 324.3.2 ADULT PRISONERS Policies and procedures ensure that there is no physical or X sustained sight or sound contact between juveniles and adults confined in the facility. Reference: WIC 208 In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, X side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 324.4.2 Minors are held in secure custody in a law enforcement facility only if the minor is in custody for an offense X described by WIC § 602, is at least 14 years of age, and presents a serious security risk of harm to self or others. Reference: WIC 207.1 (d) 1 Factors to be considered when determining if the minor 324.4.2 presents a serious security risk to self or others are: age, maturity and delinquent history; severity of offense for which taken into custody; minor’s behavior; availability of X staff to provide adequate supervision or protection of the minor; and, age, type and number of other individuals detained at the facility. 1146 CONDITIONS OF SECURE CUSTODY 324.4.3 While in secure custody, a minor may be locked in a room or other secure enclosure, secured to a cuffing rail, or otherwise X reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 324.4.3 (b) CUSTODY INSIDE A LOCKED ENCLOSURE X Minors must receive adequate supervision which includes: Constant auditory access to staff by the minor; and, 3640 Fullerton PD City Jail PRO; 04/03/2018 - 11 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS documented, safety checks are conducted by staff at 324.4.6 least once every 30 minutes. X Reference: WIC 207.1(d)1(E) Males and females are not placed in the same locked 324.4.2. (c) room unless they are under constant direct visual X observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 324.4.3 (a) CUSTODY OUTSIDE OF A LOCKED Policy exists but minors are never detained in ENCLOSURE this manner. X Minors held in secure custody outside of a locked enclosure are not secured to a stationary object for more than 60 minutes unless no locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor’s safety X while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter is approved by a X supervisor and documented. The decision to secure a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter is X based on the best interests of the minor. 1150 SUPERVISION OF MINORS IN NON- 324.4.1 SECURE CUSTODY X Minors held in non-secure custody receive constant direct visual observation by staff of the law enforcement facility. Monitoring a minor using audio, video, or other electronic X devices does not replace direct visual observation. Entry and release times are documented and available for Non-secure logs were available for review. review. X 1151 MINORS UNDER THE INFLUENCE OF ANY 324.4.3 INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and X procedures providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance by any substance, to the extent that they are unable to care for themselves. Supervision includes safety checks at least once every 15 324.4.3 (b) minutes until resolution of the intoxicated state, with the X actual time of each personal observation documented. 3640 Fullerton PD City Jail PRO; 04/03/2018 - 12 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 324.4.2. (c) MINOR IN AN ADULT DETENTION FACILITY There are policies and procedures for notifying the court and X the parent, guardian or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death or a minor in custody. 3640 Fullerton PD City Jail PRO; 04/03/2018 - 13 - A352 Type I PRO eff. v-1 09/2012.dot) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT TYPE I, II, III AND IV FACILITIES APPLICABLE REGULATIONS: PRE-73; 4/73 Title 24, California Code of Regulations (CCR) BSCC Code: 3640 FACILITY NAME: Fullerton City Jail FACILITY TYPE: IJ APPLICABLE REGULATIONS (Check All That Apply): PRE-73: X Post 4/73: OTHER: 1963 FIELD REPRESENTATIVE: Michael J. Bush DATE: 04/03/2018 ARTICLE/SECTION YES NO N/A COMMENTS Holding Cells (2.2) X Contain 10 square feet of floor per inmate Capacity not to exceed ten (10) persons X 4-73: Capacity limitation deleted Sufficient fixed benches to accommodate cell capacity X Toilet accessible Toilet facilities are upstairs, none down by X holding cells Water fountain accessible X Wash basin accessible X 3.12 Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification Cells (2.4) X Limited to no more than 15 inmates 4-73: Capacity limited to 16 inmates Contain 15 square feet of floor per inmate X Contain toilet X 4-73: 1:8 ratio Contain washbasin X 4-73: 1:8 ratio Contain drinking fountain X Adequate visual observation X Padding recommended Both have padded floors 4-73: Padding required X Shower-Delousing Room (3.4) X Available in booking/reception Secure Vault or Storage Space (2.1) Not inspected this cycle Available for inmate valuables 3640 Fullerton PD City Jail IJ Phy; 04/03/2018 - 1 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Single Occupancy Cells (2.6) Single cells 13 & 14 are now equipped with one X bunk each. Maximum capacity of one inmate. . A minimum width of 6 feet, length of 7.5 feet and height of 8 feet X 4-73: Minimum width of 6 feet, length 8 feet and height of 8 feet, OR clear floor area of 43 square feet Contain toilet and washbasin and drinking fountain X Contain a bunk capable of accommodating a standard 30" X 76" mattress X Multiple Occupancy Cells (8227) X A capacity of more than 2 persons 4-73: Capacity between 4-16 inmates A minimum of 500 cubic feet of air space per inmate Multiple cells are rated (RC) based on the total 4-73: Minimum of 25 square feet floor space per inmate X unit space versus that of the individual cells (RC includes prorated airspace). Toilet and washbasin X 4-73: 1:8 ratio Drinking fountain X Contain a bunk capable of accommodating a standard 30" X 76" mattress X Safety Cells (2.5) X Designed to house one person A minimum width of 6 feet, length of 7.5 feet and height of 8 feet X 4-73: Minimum 6 foot width; length and height of 8 feet Equipped with flush ring toilet (flush with floor) X Gravity – no flush. Equipped with solid security door and view panel X Padded floor, door and walls X 4-73: Illumination provided by variable intensity light X fixture operable from outside the cell. Dormitory (2.8) No cells of this type at the facility. The remainder of the regulation was deleted from this checklist. X Capacity of 4-50 inmates 4-73: Capacity limitation deleted Showers (3.4) There are two showers located in the facility. X 4-73: Available at 1:16 ratio Lighting (3.6) X 4-73: Sufficient to permit easy reading 4-73: Night lighting is sufficient to allow good supervision X 3640 Fullerton PD City Jail IJ Phy; 04/03/2018 - 2 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Comfortable Living Environment (102(c)6 4-73: A comfortable living environment is maintained X through an adequate heating and cooling system Dayrooms (2.9) . Available for inmates in single cells, multiple cells and dormitories X 4-73: 25 square feet dayroom space per inmate in Type II and III facilities and inmate workers in Type I Exercise Area (2.10) Available in Type II and III facilities X 4-73: Minimum of 30 feet X 50 feet X 15 feet Program Space -Type II and III (2.11) Available in Type II and III facilities X 4-73: Sufficient area and furnishing s to meet needs Dining Facilities (2.17) Inmates eat in cell. 15 square feet per person served (in facilities for 100 persons or more) X 4-73: Toilets, washbasins and showers are not in the same room or not in view of inmates dining Visiting (2.18) Opposite the control station. X Visiting area 4-73: Contact visits are permitted in minimum security X facilities Attorney Interview Space (2.26) X Provide for confidential attorney consultation Janitor Closet (2.20) X Located in security areas, lockable, containing a mop sink Storage Space (2.21) X Adequate space available Audio or Video Monitoring System (2.22) Video in corridors and in male sobering cell. Audio in cells. Located in all inmate housing units and capable of alerting X staff in a central control 3640 Fullerton PD City Jail IJ Phy; 04/03/2018 - 3 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Fire Alarm System [102(2)6] Recommended in Pre-73 facilities X 4-73: Automatic fire alarm system is required Emergency Power (2.24) Recommended in Pre-73 facilities X 4-73: Required; to provide minimal lighting, communication s and alarm systems 3640 Fullerton PD City Jail IJ Phy; 04/03/2018 - 4 - A380 PHY Type P73&4-73.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS- BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3640 FACILITY: Fullerton City Jail TYPE: IJ RC: 16 FIELD REPRESENTATIVE: Michael J. Bush DATE: 04/03/2018 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Booking Holding 1963 1 - (3) (3) 5.5’ x 8.0’ - - - - - Notes: Dry cell; access to bathrooms upstairs; 5’ bench limits capacity MALE – One shower located, in the restroom off the corridor, in the male housing area 1 Sobering 1963 1 - (5) (5) 8.5’ x 10.3’ 1 - 1 1 - Notes: handrails; combo unit; camera and audio; padded floor. Vent cover openings and handrail may pose a suicide hazard. 2 Safety 1963 1 - (1) (1) 6.0’ x 8.0’ 1 - - - - 3 – 4 Multiple 1963 2 2 2 4 6.0’ x 8.0’ x 8.0’ 1 - 1 1 * 5 – 8 Multiple 1963 4 1 1 4 6.0’ x 8.0’ x 8.0’ 1 - 1 1 * Notes: Prorated airspace for corridor (6.5’ x 38.5’ x 8’) – 4305 cubic feet for cells and corridor. Rated capacity is figured for the total unit rather than individual cells. TV in corridor; each cell has audio monitoring (only staff can activate it); video monitoring in corridor; there is a phone in each cell. 13 & 14 Single 1963 2 1 1 2 6.0’ x 8.0’ x 8.0’ 1 - 1 1 * Notes: Available prorated airspace is not sufficient to raise the rated capacity beyond one person each, so they are rated as single cells. Prorated airspace from corridor (3.5’ x 12.5’ x 8’) – 1118 cubic feet for cells and corridor; no phones in these cells; audio monitor available (no video). A.K.A. - “Men’s North.” 15 Multiple 1963 1 2 2 2 11.0’ x 12.0’ x 8.0’ 1 - 1 - * Notes: Access to shower; Unit contains a washbasin, toilet, but no fountain. Used as “inmate worker housing” or for the “pay for stays.” Staff advised there are very seldom inmate workers; instead pay for stay prisoners are normally housed there and units noted below. No phone in cell. PAY to STAY 9 & 10 Multiple 1963 2 1 1 2 6.0’ x 8.0’ x 8.0’ 1 - 1 - * 11 Multiple 1963 1 2 2 2 6.0’ x 8.0’ x 8.0’ 1 - 1 - * Notes: Prorated airspace for corridor (8’ x 19’ x 8’) – 2368 cubic feet for cells and corridors. Rated capacity is figured for the total unit rather than individual cells; one shower available for cells on the Pay to Stay side; phones in each of these cells. 12 Sobering 1963 1 - (3) (3) 6.0’ x 8.0’ x 8.0’ 1 - 1 1 - Notes: Padded floor; combo unit; small view port and pass through; audio-monitor only. *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. 3640 Fullerton PD City Jail IJ LAS; 04/03/2018 - 1 - A360 LAS Adult.dot (9/98)