Orange County, Huntington Beach Police Department (2016-2018 inspection cycle)

STATE OF CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LINDA M. PENNER 2590 VENTURE OAKS WAY. SUITE 200 • SACRAMENTO CA 95833 • 916.445.5073 • BSCC.CA.GOV Ch.,ir KATHLEEN T. HOWARD EDMUND G. BROWN. JR. Executive Director GOllernor September 10, 2018 Robert Handy, Chief of Police Huntington Beach Police Department 2000 Main Street Huntington Beach, CA 92648 2016-2018 BIENNIAL INSPECTION 6031 PC and 209 WIC Dear Chief Handy: On June 6,2018, Board of State and Community Corrections(BSCC) staff conducted the biennial inspection of the Huntington Beach 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 the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the secure detention of minors. The inspection was preceded by a desk audit of applicable policies and procedures governing the operation of the facility1, wherein policy content was reconciled against relevant regulations to ensure that each subject required by regulation was addressed in policy. The on-site inspection began with a review of documentation to verify that practices follow written procedures and regulation, and concluded with a walk-through of the physical plant. Detention Administrator Dale Miller was present during the inspection and assisted by answering questions and clarifying procedural issues. His involvement in the inspection process 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 I Evaluation outlining Title 24 requirements for design;2 and, The Living Area Space Evaluation summarizing the detention facility's physical plant configuration. 1 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 of non-compliance. We do not "approve" your policies nor do we review them for constitutional or legal issues. We recommend agencies seek policy.r eview through their legal advisor, risk manager, and other persons deemed appropriate. 2 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel to the jail area. 3660 Huntington Beach PO City Jail; 09/10/2018 Robert Handy, Chief of Police Page 2 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 the Huntington Beach Fire Department for a comprehensive perspective of your facility. Fire Inspection: A fire/life safety inspection was conducted on October 5, 2017 by the Huntington Beach Fire Department. No deficiencies affecting fire/life safety were noted and a fire clearance was granted. Health Inspections: The local health authority conducted annual inspections on October 4, 2017. All deficiencies have been cleared. Please review their report for further information. We encourage the practice of maintaining a permanent file for historical copies of all inspections. This file should be the first point of reference when preparing for all future inspections. BSCC Inspection Physical Plant: Completed in 1974 the Huntington Beach City Jail is inspected as a Type I facility and evaluated using the 1963, 1973 and 1994 Physical Plant Standards. With a Rated Capacity of 79, three male inmates were in-custody at the time of the inspection. The jail was clean and appeared well maintained. No issues of non-compliance with applicable physical plant standards were identified. Policy, Procedures and Practice: During the inspection, BSCC staff reviewed applicable policy, procedures, practices and supporting documentation where necessary. We informed your staff that there is a recently updated version of Title 15 minimum standards and the facility should go through the new standards to ensure the facility will remain in compliance with their policy and procedures manual. We reviewed 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. We also reviewed a variety of custody records and noted overall completeness and adherence to both regulation and policy. Duration of custody is brief and most detentions last less than four hours. No non-compliance issues were noted. 3660 Huntington Beach PO City Jail; 09/10/2018 Robert Handy, Chief of Police Page 3 Juvenile Inspection: We reviewed policy, procedures, practice and supporting documentation related to the requirements of Title 15 Minors in Custody in a Law Enforcement Facility. Minors may be securely in holding cells sight and sound separated from adults while those in non secure detention at placed at the front desk in the administrative area of the facility. No issues of non-compliance with applicable were identified. 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). No violations of the JJDPA were identified. We strongly encourage continued management oversight related to the detention of minors as compliance with WIC Section 207.1 (d) and Title 15, Article 9 regulations is required to maintain suitability for the secure confinement of minors in law enforcement facilities. This concludes our inspection report for the 2016-2018 inspection cycle. We would like to thank Detention Administrator Miller for the hospitality and courtesy extended during the inspection. If you should have any questions, please contact me at (916)384-9861 or email at michael.bush@bscc.ca.gov. Field Representative Facilities Standards and Operations Division cc City Manager, City of Huntington Beach* Chair, City Council, City of Huntington Beach* Presiding Judge, Superior Court, County of Orange* Grand Jury Foreman, Superior Court, County of Orange Dale Miller, Detention Administrator, Huntington Beach Police Department 'Copies of the complete inspection report are available online. 3660 Huntington Beach PO City Jail; 09/10/2018 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3660 FACILITY NAME: Huntington Beach PD City Jail FACILITY TYPE: PERSON(S) INTERVIEWED: Detention Administrator Dale Miller FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/06/2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 305.2 In addition to provisions of Penal Code Section 831.5, all A Standards and Training for Corrections custodial personnel have successfully completed the (STC) participating agency. The most recent “Corrections Officer Core Course” as described in Section annual audit indicates compliance with 179 of Title 15, CCR within one year of assignment. X training requirements. Custodial personnel may substitute 832.3 PC training and the “Corrections Officer Basic Academy Supplemental Core Course” as described in Section 180, Title 15, CCR as an alternative. 1021 JAIL SUPERVISORY TRAINING 302.4 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 “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 302.4 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 302.4 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. 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. 3660 Huntington Beach PD City Jail; 06/06/2018 - 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 In addition to the implementation and operation of all programs and activities There are sufficient personnel on duty at all times (whenever required by the regulations, another predicator there is an inmate in custody) to ensure the implementation X for compliance with this section is the and operation of all programs and activities required by availability of staff to complete and document these regulations. at least hourly safety checks. There is a written plan that includes the documentation of 504.2 Requires “hourly inspections.” hourly safety checks. 901.12 Requires “physical inspection” “each hour.” Documentation is required in JMS. A review of safety check document coupled X with the totality of the inspection process was the basis for the finding with this section. A few checks were past the required time frame. However, did not rise to the level of non- compliance. There is at least one employee on duty at all times, who shall 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 is at least one female employee immediately available and X accessible. Note: Reference PC § 4021. A staffing plan is available which indicates personnel 100.3.4, 100.3.5, 100.3.6 assigned and their duties. X 1028 1028 FIRE AND LIFE SAFETY STAFF 219.3.1 Fire life safety table top exercises are Whenever there is an inmate in custody, there is at least one X conducted in conjunction with the fire person on duty at all times who meets the BSCC training department. standards for general fire and life safety. There is at least one person on duty who trained in fire and 219.3.1 life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 3 There is a published manual of policies and procedures for X the facility that addresses applicable regulations and includes: Table of organization, including channels of 104 X communications; Inspections and operations reviews by the facility 213 X administrator/manager; Use of force; X 511 Use of restraint equipment, including the restraint of 512.3, 704.6 pregnant inmates; X Note: Reference PC § 6030(f); Screening newly received inmates for release X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: X 501 Physical counts of inmates; 3 Procedures related to security and emergency response may be in a separate manual to ensu513.2re confidentiality by limiting general access. 3660 Huntington Beach PD City Jail; 06/06/2018 - 2 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Searches of the facility; X 211.4 Searches of inmates; X 513 Contraband control; and, X 205 Key control. X 210 At least annually, the facility administrator reviews, evaluates and documents internal and external security X measures. Emergency procedures, including: X 400.9 Escape; X 400.7 Disturbances; 400.8 X Taking of hostages; 400.10 X Civil disturbance; 403 X Natural disasters; 402.7 X Periodic testing of emergency equipment; 507.5 Storage, issue and use of weapons, ammunition, X 507.5 chemical agents; and, X 716 Storage, issue and use of security devices. X 505 Suicide prevention; and, Agency Intranet and hard copy X Segregation of inmates. X The manual is available to all employees. X Last update 05/10/2018 The manual is comprehensively reviewed and updated at 402 least every two years. X 1032 FIRE SUPPRESSION PREPLANNING 402.7 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; Conducted 10/5/2017. Fire Clearance granted Note: Reference Health and Safety Code Section X with no deficiencies. 13146.1(a) and (b); An evacuation plan; and, 403.5 X Posted A plan for the emergency housing of inmates in the event 402.8/402.8.1 of a fire. X 1040 POPULATION ACCOUNTING 500.2 Verified 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. X 3660 Huntington Beach PD City Jail; 06/06/2018 - 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 208 Records are kept on the facility’s JIM system. There are written policies and procedures for the maintenance of individual inmate records which include Reviewed 10 samples of inmate’s records and intake information, personal property receipts, commitment verified all information was present. 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 209.3.2 Reviewed several incident reports,. There are written policies and procedures for the maintenance of written records and reporting of all incidents X that result in physical harm, or serious threat of physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and submitted Reports are due the end of shift. to the facility manager or his/her designee. X 1045 PUBLIC INFORMATION PLAN 215 / 216 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 216 X Facilities is available for review by the public and inmates. Available upon request. Facility rules and procedures affecting inmates as specified 216 in this section are available to the public and inmates. X Rules are distributed at orientation. 1046 DEATH IN CUSTODY 406.2 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 406 / 514.3 manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the facility provides the Board of State and Community Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN 508 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 LVN are on duty. X personnel. Includes maintenance of a record of each inmate's classification level, housing restrictions and housing X assignments. 3660 Huntington Beach PD City Jail; 06/06/2018 - 4 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1051 COMMUNICABLE DISEASES 208 Records are kept on the facility’s JIM system. There are written policies and procedures specifying those X symptoms that require segregation of an inmate until a Reviewed 10 samples of inmate’s records and medical evaluation can be completed. verified all information was present. An inquiry is made to determine if the inmate has or has had 209.3.2 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 726.3 There are written policies and procedures for the X identification and evaluation of all mentally disordered inmates. An evaluation by health care staff occurs within 24 hours of identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety of Orange County medical screening form. X the inmate or others. There are provisions for transfer of such inmates to a medical facility for diagnosis, treatment, and evaluation of such suspected mental disorder, pursuant to Section 1209, X Title 15, CCR. 1053 ADMINISTRATIVE SEGREGATION 505.1-505.4 There are written policies and procedures, which provide for 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 510.6 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 517.3 The safety cell, specified in Title 24, Part 2, Section 1231 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 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 X treatment. Placement requires the approval of the facility manager or X watch commander, or a designated physician. There are written procedures that assure necessary nutrition X and fluids are administered. 3660 Huntington Beach PD City Jail; 06/06/2018 - 5 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Inmates are allowed to retain sufficient clothing, or are 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 Logs were reviewed. Few observation logs 30 minutes and is documented. X were past the required time frame. However, did not rise to the level of non-compliance Continued retention of inmate is reviewed a minimum of every eight hours by the facility manager or watch X commander, or a designated physician. A medical assessment is secured within 12 hours of placement in this cell or at the next daily sick call, whichever X is earliest, and medical clearance for continued retention is secured every 24 hours thereafter. A mental health opinion on placement and retention is secured within 24 hours of placement. X 517.4 1056 USE OF SOBERING CELL 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 Logs were reviewed. Few observation logs cells conducted no less than every half hour and is X were past the required time frame. However, documented. did not rise to the level of non-compliance. An evaluation by a medical staff person or by custody staff, 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 are able to continue with processing. X 1057 DEVELOPMENTALLY DISABLED 724.4 INMATES X There are written procedures for identification and evaluation of all developmentally disabled inmates. A contact to the regional center occurs within 24 hours when an inmate is suspected or confirmed to be developmentally X disabled. 1058 USE OF RESTRAINT DEVICES 512.2 X There are written policies and procedures for the use of restraint devices that include: acceptable restraint devices; X 512.1 signs or symptoms which should result in immediate 512 X medical/mental health referral; availability of CPR equipment; X Ambu Bags/ AED protective housing of restrained persons; X 512.7 provisions for hydration and sanitation needs; and X 512.5 exercising of extremities. X 512.4 3660 Huntington Beach PD City Jail; 06/06/2018 - 6 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Restraints are used only to hold inmates who display 512.2 behavior that results in the destruction of property or reveals X an intent to cause physical harm to self or others. Restraints are not used as discipline or as a substitute for 512.2 X treatment. Inmates are placed in restraints only with approval of the 512 facility manager, watch commander, or the designated X physician. All inmates in restraints are housed alone or in a specified 512 X area for restrained inmates. Direct visual observation is conducted and documented at 512 least twice every 30 minutes. Requires checks “two checks every 30 mins or X less.” Few observation logs were past the required time frame. However, did not rise to the level of non-compliance. Continued retention in such restraints is reviewed every two 512 X hours. A medical opinion on placement and retention shall be After four hours, inmate will be transferred to secured as soon as possible but no later than four hours from X the county jail or a medical facility. the time of placement. Medical review for continued retention in restraint devices 512 X occurs at a minimum of every six hours. A mental health consultation is secured as soon as possible, 512 but no later than eight hours from the time of placement. X Facility watch commander authorization is obtained prior to 512 X use of reasonable force. If the use of reasonable force includes cell extraction, the 512 extraction is audio and videotaped and retained by the X department, as required by statute. 1059 USE OF REASONABLE FORCE TO 518.2-518.4 COLLECT DNA SPECIMENS, SAMPLES, Will produce a warrant to collect blood IMPRESSIONS sample. Policy and procedures describe the use of reasonable force to X collect blood specimens, salvia samples, or thumb/palm print impressions from individuals who are required to provide them, but 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 Force will not be used. efforts to secure voluntary compliance, including advisement X of the legal obligation to provide the specimen, sample or impression, and the consequences of failing to do so. Supervisory authorization is obtained prior to use of X reasonable force. If the use of reasonable force includes cell extraction, the extraction is audio- and video-taped and retained by the X department, as required by statute. 1062 VISITING 1003 X Facility administrator has developed and implemented written policies and procedures for inmate visiting. 3660 Huntington Beach PD City Jail; 06/06/2018 - 7 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Sentenced inmates are allowed at least two visits totaling at 1400 hrs to 1600 hrs daily. X least one hour per week. Visitation procedures include provisions for visitation by X minor children of the inmate. The plan includes a schedule that assures non-sentenced Visits are daily. detainees will be afforded a visit no later than the calendar X day following arrest. Types and availability of visitation, including: Note: Reference PC § 6031.1 (June 2017) Mode of visitation; Face to face between window barrier. Visitation hours; 1400 hrs to 1600 hrs daily. Time inmates are allowed for visitation; and, 30 min each visit. Any restrictions on inmate visitation. Visitor will be denied if he/she poses a danger to the security of the facility or there is good cause. 1063 CORRESPONDENCE 1001 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 1001.3 X inmate may send or receive. Correspondence may be read where there is a valid security 1001.6.1 X reason and the facility manager or designee approves. Jail staff does not review inmate correspondence to or from 1001.4 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 606.3(b) X and/or manager is permitted. Inmates without funds are permitted at least two postage- 1001.3 X paid letters each week to family and friends. Inmates without funds are permitted unlimited postage-paid 1001.3 correspondence with his/her attorney and the courts. X 1065 EXERCISE AND RECREATION 1003 X Table games and/or television are available to inmates. 1066 BOOKS, NEWSPAPERS, AND Newspapers/Bible/Magazines/Books. 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. 3660 Huntington Beach PD City Jail; 06/06/2018 - 8 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1067 ACCESS TO TELEPHONE 502.8 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 602 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 1001.3 X regulations. Confidential consultation with attorneys. 1003.9.1 / 602.2 X 1069 INMATE ORIENTATION 503.2.1 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 The program shall include, but not be limited to: X Rules and disciplinary proceedings; X 503 Visiting rules; X Sentenced Inmate Orientation Availability of personal care items; X Availability of reading and recreational materials; X and, Medical/mental health procedures; and, X Voting, including registration. X 1071 VOTING (Applicable to sentenced inmate workers.) 608 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 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 508.6 / 607 (Applicable to facilities having inmate workers and/or prisoners who are held for “safekeeping.”) 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 Public Complaint Form X grievance. Resolution at lowest appropriate staff level. X 3660 Huntington Beach PD City Jail; 06/06/2018 - 9 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Provisions for resolving questions of jurisdiction within X the facility. Provisions for appeal to next level of review. X Written reasons for denial at each level of review. X Provisions for response in a reasonable time limit. X 1081 PLAN FOR INMATE DISCIPLINE (WA) 600.3.2 There are written policies and procedures for inmate 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.) A designated subordinate, not involved in the charges, acts 600 X on all formal charges. Minor acts of non-conformance or minor violations are 609 X handled informally by staff. When there is loss of privileges, there is written 609 documentation and a policy of review and appeal to the X supervisor. Major violations and repetitive minor violations being 609 – Type 1 Facility handled as major violations are referred to the disciplinary X Note that all major violations by sentenced officer in writing by the staff member observing the act(s). inmates results in transfer to County Jail. Inmate is informed of charges in writing. X A disciplinary hearing is held no sooner than 24 hours after the report has been submitted to the disciplinary officer and X the inmate served with a copy of charges. The inmate may waive the 24-hour limitation. Violation(s) acted on no later than 72 hours from the time the inmate is informed of the charge(s) in writing unless X waived by the inmate or for good cause. The inmate is permitted to appear on his/her behalf at the X time of the disciplinary proceedings. The facility manager or designee reviews all disciplinary X actions taken. The inmate is advised in writing of the action taken in the X disciplinary proceedings. Pending the disciplinary proceedings, the inmate may be removed from the general population or program for X specified reasons. 1082 FORMS OF DISCIPLINE 600.10 The degree of punitive actions taken by the disciplinary officer is directly related to the severity of the rule infractions as specified in this section. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS 600.09 No inmate is continued on disciplinary isolation status beyond 30 consecutive days without review by facility manager. Part of this review includes consultation with health care staff. Such reviews continue at least every fifteen days thereafter until isolation status has ended. 3660 Huntington Beach PD City Jail; 06/06/2018 - 10 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Disciplinary isolation cells have the minimum furnishings Standard housing cells are used or are and space specified in Title 24, Section 1231.2. Inmates are immediately transferred to County Jail. issued clothing and bedding as specified in Articles 12 and 13 of these regulations. Disciplinary cell occupants who destroy bedding and/or clothing may be deprived of such articles. The decision to deprive inmates of such articles is reviewed by the facility manager or designee every 24 hours. No inmates exercise the right of punishment over other inmates. Note: Reference PC § 4019.5 A safety cell, as specified in Section 1055 of these 517.2 / 600.9 regulations, or any restraint device is not used for disciplinary purposes. No inmate is deprived of implements necessary to maintain 600.9 an acceptable level of hygiene as specified in Section 1265. Food is not withheld as a disciplinary measure. Disciplinary isolation diet described in Section 1247 of these 601.4.1 – No inmate will be deprived of regulations is only utilized for major violations of institution scheduled meals for disciplinary reasons. rules. The facility manager approves the initial placement on the disciplinary isolation diet and ensures that medical staff is notified. In consultation with medical staff, the facility manager approves any continuation of the diet every 72 hours after the initial placement. Correspondence privileges are not withheld except where 602 correspondence regulations have been violated. Decision to withhold correspondence privilege is reviewed every 72 hours. Access to courts and legal counsel is not suspended as a 602 disciplinary measure. 1084 DISCIPLINARY RECORDS None to report during this cycle. A record of all disciplinary infractions and punishment administered is maintained. Note: Reference PC § 4019.5. 3660 Huntington Beach PD City Jail; 06/06/2018 - 11 - A352 Type I PRO eff. v-1 09/2012.dot) DETENTION OF MINORS YES NO N/A Are minors held in this facility? If YES, then the core requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the X provisions of Title 15, Article 9, Minors in Detention in a Law Enforcement Facility apply and will be inspected for. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. 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) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1142 WRITTEN Policies included in Section 512 unless POLICIES AND PROCEDURES otherwise noted. X Written policies and procedures concerning minors held in temporary custody address: Suicide risk and prevention; X 512.2.1/506.12.4 Use of restraints; X Emergency medical assistance and services; and, X Prohibiting use of discipline. X 1143 CARE OF MINORS IN TEMPORARY 506.4.1/506.12.2 (a-e) CUSTODY The following are made available to all minors held in X temporary custody: access to toilets and washing facilities; 3660 Huntington Beach PD City Jail; 06/06/2018 - 12 - 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 custody if the minor has not eaten within the past (4) hours or is X otherwise in need of nourishment; access to drinking water; and, X privacy during consultations with family, guardian, or X lawyer. Minors placed in locked rooms are: provided blankets and clothing, as necessary, to assure the X comfort of the minor; and, permitted to retain and wear 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 X offense. 1144 CONTACT 506.3 BETWEEN MINORS AND ADULT PRISONERS Policies and procedures ensure that there is no physical or X sustained sight or sound contact between juveniles in detention and incarcerated adults. 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 503.5.3 SECURE DETENTION Minors are held in secure detention 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 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 DETENTION 506.5.4(a) While in secure detention, a minor may be locked in a room or other secure enclosure, secured to a cuffing rail, or X otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS HELD INSIDE 506.5.4 (b) A LOCKED ENCLOSURE X Minors must receive adequate supervision which includes: Constant auditory access to staff by the minor; and, 3660 Huntington Beach PD City Jail; 06/06/2018 - 13 - 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 least once every 30 minutes. X Reference: WIC 207.1(d)1(E) Males and females are not placed in the same locked room unless they are under constant direct visual observation by X staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 506.5.4 DETENTION OUTSIDE OF A LOCKED ENCLOSURE X Minors held in secure detention 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 is present at all times to assure the minor’s safety while secured to a stationary X object. Securing minors to a stationary object for longer than 60 506.4 (b) 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- 506.5.2 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 review. X 1151 INTOXICATED AND SUBSTANCE 506.12.5 ABUSING MINORS Facility administrators shall develop policies and X procedures providing that a medical clearance shall be obtained for minors who are intoxicated by any substance, to the extent that they are unable to care for themselves. Supervision of minors in secure detention includes safety checks no less than once every 15 minutes until resolution X of the intoxicated state, with the actual time of each personal observation documented. Supervision of minors in nonsecure detention who display outward signs of intoxication shall be supervised in X accordance with Section 1150. 1047 SERIOUS ILLNESS 506.11 OR INJURY OF A MINOR IN AN ADULT DETENTION FACILITY There are policies and procedures for notifying the court X and 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. 3660 Huntington Beach PD City Jail; 06/06/2018 - 14 - A352 Type I PRO eff. v-1 09/2012.dot) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTONS - 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: 3660 FACILITY NAME: Huntington Beach City Jail FACILITY TYPE: IJ APPLICABLE REGULATIONS (Check All That Apply): PRE-73: X Post 4/73: OTHER: 1963, 1973 and 1994 FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/06/2018 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 X 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 4-73: Padding required X Shower-Delousing Room (3.4) X Available in booking/reception Secure Vault or Storage Space (2.1) In bins/bags kept in control. X Available for inmate valuables 3660 Huntington Beach City Jal IJ PHY; 06/06/2018 - 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) No cells of this type in the facility. The remainder X of the regulation was deleted from this checklist. Maximum capacity of one inmate. 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 Female housing cells rated for 12, however, there 4-73: Minimum of 25 square feet floor space per inmate are 16 bunks total. Provided only 12 bunks are X occupied the regulation is met. During the inspection no beds were occupied. Toilet and washbasin X 4-73: 1:8 ratio Drinking fountain X Contain a bunk capable of accommodating a standard 30" X A variance was granted 6/9/75 for bunk size (27” x 76" mattress X 75” versus 30” x 76”). 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 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) Inmate worker dorms (male and female) – later, less restrictive 1973 standards applied to both. X Capacity of 4-50 inmates 4-73: Capacity limitation deleted 500 cubic feet of air space per inmate X 4-73: 40 square feet per inmate A least 10 foot ceilings if double bunked X 4-73: Toilet and Washbasin ratio at 1:8 ratio X 4-73: Drinking fountain X Showers (3.4) There are four showers in the facility. One in each of the inmate worker housing areas (male and female) and one each for the receiving/housing 4-73: Available at 1:16 ratio areas. Later, less restrictive 1994 standards allow for a 1:20 shower ratio. Lighting (3.6) X 4-73: Sufficient to permit easy reading 3660 Huntington Beach City Jal IJ PHY; 06/06/2018 - 2 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS 4-73: Night lighting is sufficient to allow good supervision Night lighting is sufficient. X 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) Type I facility. 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) Type I facility. Available in Type II and III facilities X 4-73: Sufficient area and furnishing s to meet needs Dining Facilities (2.17) 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) One visiting room located on the female side, two X visiting rooms for males. 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 3660 Huntington Beach City Jal IJ PHY; 06/06/2018 - 3 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Audio or Video Monitoring System (2.22) Audio monitoring system added to the facility, allows staff to listen in on cells, and/or speak to prisoners in cells. It is not inmate actuated. Located in all inmate housing units and capable of alerting X staff in a central control Facility falls under the 1963 standards that did not expressly require an inmate or sound actuated audio system. Fire Alarm System [102(2)6] Not in cells. Smoke alarms. 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 3660 Huntington Beach City Jal IJ PHY; 06/06/2018 - 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: 3660 FACILITY: Huntington Beach City Jail TYPE: IJ RC: 79 FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/06/2018 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 Male Reception Holding 1963 4 - (3) (12) 9.0’ x 9.5’ - - - - - Notes: No facilities inside cells (T/W/F); 5’ bench in each cell only; seating limits the capacity; these inmates use the toilet in the detox cell or shower area. 1 Sobering 1963 1 - (10) (10) 10.0’ x 15.0’ 1 - 1 1 - Notes: House inmates here for a period of time (c 5 hours) – provide mattresses and blankets. A portion of the floor is raised (approx 25”w x 8”h) along three of the four walls (this was allowed in 1963 standards). Audio/video monitoring. 2 Sobering 1963 1 - (13) (13) 13.0’ x 15.0’ 1 - 1 1 - Notes: A portion of the floor is raised (approx 25”w x 8”h) along three of the four walls (this was allowed in 1963 standards). Audio/video monitoring. 3 Sobering 1963 1 - (4) (4) 7.0’ x 10.0’ 1 - 1 1 - Notes: Audio/video monitoring. 4 Safety 1963 1 - (1) (1) 7.0’ x 10.0’ - - - - 1 Notes: Audio/video monitoring. Male Housing – consists of 6 groups of cells (either two or three adjoining cells that share a common dayroom). Areas 1, 3, 4, and 6 consist of two four-person cells each, and areas 2 and 5 consist of three four-person cells each. Dayrooms for the two cell units contain one table for 4; dayrooms for the three cell units contain 2 tables for 4 (seating for a total of 8). Each dayroom has a telephone, no television. Multiple 1963 14 4 4 56+ 10.0’ x 10.0’ x 1 - 1 1 * 12.7’ Notes: Dayroom cubic air space was used to calculate rated capacity. 29.5’ x 8.5’ x 12.7’. A shower is available in the corridor for the prisoners housed in these cells. Female Reception – shower located just outside detox cell #2 Holding 1963 2 - (4) (8) 9.0’ x 9.5’ - - - - - Notes: No facilities in cells; 6’ bench in each cell only; seating limits capacity 1 Sobering 1963 1 - (12) (12) 10.0’ x 18.0’ 1 - 1 1 - Notes: raised area (24”w x 8”h) along one side/wall only (this was allowed in 1963 standards). Audio/video monitoring. 2 Sobering 1963 1 - (4) (4) 7.0’ x 10.0’ 1 - 1 1 - Notes: Audio/video monitoring. Female Housing Multiple 1963 4 4 3 12+ 10.0’ x 10.0’ x 9.0’ 1 - 1 1 * Notes: Consists of 2 sets of two adjoining cells that share a common dayroom. There are four bunks in each cell with a combo unit. The dayroom contains a table with 4 seats, t.v., and phone. Females in this area use the shower in the hallway by the detoxification cell. *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. 3660 Huntington Beach PD IJ LAS; 06/06/2018 - 1 - A360 LAS Adult.dot (9/98) Female Inmate Worker Housing (or pay for stay) Dorm 1973 1 4 4 4 See notes 1 - 1 - 1 Notes: Phone and table for 4 in dayroom. The prior LASE indicated there were 2 beds in this housing area; however, 4 beds (two double bunks) were observed in this location during this inspection. As measurements were not previously listed, the dayroom and housing area were measured this cycle, and found to have a combined total of 296.5 square feet (with a 10’ceiling). The RC was recalculated, using later, less restrictive 1973 standards and determined to support 4 (dayroom space was considered in the calculations) versus two. Therefore, the RC was changed from 2 to 4 this cycle. Male Inmate Worker Housing – separate and distinct housing and dayroom areas. Dorm 1973 1 6 7 7 15.0’ x 19.0’ x 10.0’ - - - - - Notes: Prior LASE indicated there were 4 beds in this housing area; however, 6 beds were observed in this location during this inspection. Ceiling was re-measured and determined to be 10’ versus 8’. RC updated and later, less restrictive 1973 standards applied (at agency’s request) for revised RC of 7 (dayroom space also supports the revised RC). Dayroom 1963 12.0’ x 20.0’ x 10.0’ - - - - - Notes: Dayroom contains a weight set, television, table, and books. Bathroom - - - - - - 1 1 2 - 1 1994 later, less restrictive standards regarding shower ratios were applied to the facility, as the facility contains a total of four showers. *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. 3660 Huntington Beach PD IJ LAS; 06/06/2018 - 2 - A360 LAS Adult.dot (9/98)