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Orange County, Huntington Beach Police Department (2018-2020 inspection cycle)

Board of State and Community Corrections · inspection-orange-county-huntington-beach-police-department-2018-2020 · Facility inspection · 2020-12-10 · Orange County, Huntington Beach Police Department

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December 10, 2020 Robert Handy, Chief of Police Huntington Beach Police Department 200 Main Street Huntington Beach CA 92648 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Hady: As you are aware, The Board of State and Community Corrections (BSCC) is statutory required to inspect all Local detention facility’s biennial for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations, per Penal Code Section 6031 and for Welfare and Institutions Code (WIC) Section 209. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation your agency provided. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report is enclosed and consists of this transmittal letter and the Procedures Checklist outlining applicable Title 15 sections. Local Inspection In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. There were no noncompliance issues as it relates to the fire inspection or the county health inspection. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. 3660 Orange Huntington Beach I LTR 18-20 Jorge Cisneros, Chief of Police Page 2 Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodel project concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). Secure youth are held in a jail cell out of sight and sound of adult’s prisoners. Non secure youth are held in the police administration area. No area of noncompliance was noted. CORRECTIVE ACTION PLAN No areas of noncompliance were noted and no corrective action is needed. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC remain committed to be a resource to your agency regarding your custodial questions or concerns. If you have any questions, or concerns, please contact our office at any time. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Huntington Beach* City Manager, City of Huntington Beach* Presiding Judge, Superior Court, County of Orange * Grand Jury Foreperson, Superior Court, County of Orange* Darrin Woolever, Jail Administrator, Huntington Beach Police Department *Copies of the report are located on BSCC website 3660 Orange Huntington Beach I LTR 18-20 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:3660 FACILITY NAME: Huntington Beach Police Department Jail FACILITY TYPE: IJ PERSON(S) INTERVIEWED: Interim Jail Administrator Darrin Woolever FIELD REPRESENTATIVE: Michael J. Bush DATE: June 7, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 305.2 A Standards and Training for Corrections (STC) (a) In addition to the provisions of California Penal Code participating agency. The most recent annual Section 831.5, all custodial personnel of a Type I, II, III, or ☒ ☐ ☐ audit indicates compliance with training IV facility shall successfully complete the “Corrections requirements. Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment. (b) Custodial Personnel who have successfully completed 305.2 the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING 302.4 Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING 302.4 Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 3660 Orange Huntington Beach I PRO 18-20 - 1 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING 302.4 With the exception of any year that a core training module is successfully completed, all facility/system administrators, ☒ ☐ ☐ managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 1027 NUMBER OF PERSONNEL There is a normal operational minimum of three detention staff on duty at all times. A minimum of two detention staff is allowable for short A sufficient number of personnel shall be employed in each ☒ ☐ ☐ periods of time only when necessary. There is local detention facility to ensure the implementation and always a sufficient number of staff to complete operation of the programs and activities required by these hourly safety checks. regulations. Whenever there is an inmate in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there Female staff and female officers are always shall be at least one female employee who shall be available. ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for 100.3.4, 100.3.5, 100.3.6 a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 504.3 Requires “hourly inspections.” Safety checks shall be conducted at least hourly through 901.12 Requires “physical inspection” “each ☒ ☐ ☐ direct visual observation of all inmates. There shall be no hour.” Documentation is required in JMS. more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of 504.3 ☒ ☐ ☐ routine safety checks. Documented in JMS. 1028 1028 FIRE AND LIFE SAFETY STAFF 219.3.1 Fire life safety table top exercises are conducted Pursuant to Penal Code Section 6030(c), whenever there is in conjunction with the fire department ☒ ☐ ☐ an inmate in custody, there shall be at least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. The facility manager shall ensure that there is at least one 219.3.1 person on duty who is trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 3660 Orange Huntington Beach I PRO 18-20 - 2 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 3 Huntington Beach Detention Manual Approved 01/29/2019. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of ☒ ☐ ☐ 103, 104 communications. (2) Inspections and operations reviews by the facility ☒ ☐ ☐ 213 administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 511.2, 511.3 (4) Policy on the use of restraint equipment, including the restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 512.3, 512.8 Section 3407. (5) Procedure and criteria for screening newly received inmates for release per Penal Code sections 849(b)(2) and Releases per 849(b)(2)PC and 853.6PC are ☒ ☐ ☐ 853.6, and any other such processes as the facility determined by the Station Watch Commander. administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ 510 (A) physical counts of inmates, ☒ ☐ ☐ 501 (B) searches of the facility and inmates, ☒ ☐ ☐ 211.4, 502.4, 513 (C) contraband control, and, ☒ ☐ ☐ 205, 502.4 (D) key control. ☒ ☐ ☐ 210.2, 210.2.1 Each facility administrator shall, at least annually, review, 213.3 evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 402, 402.3 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 400.3, 400.8, 400.9 (C) mass arrests; ☒ ☐ ☐ 400.10 (D) natural disasters; ☒ ☐ ☐ 400.3 (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 400.3 (F) storage, issue, and use of weapons, ammunition, ☒ ☐ ☐ 306, 507, 509 chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 716 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3660 Orange Huntington Beach I PRO 18-20 - 3 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (9) Segregation of Inmates. ☒ ☐ ☐ 505 (10) Zero tolerance in the prevention of sexual abuse and 307.3, 307.5 ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☒ ☐ ☐ 307.3, 307.6 any abuse. (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ 307.6 inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 716 The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct All inmates shall undergo medical and mental contact with inmates. health screening during the intake process. A portion of the intake medical screening is devoted to assessing inmates at risk for suicide. ☒ ☐ ☐ Upon an inmate entering the facility, he/she should be assessed by custody staff for the ability to answer medical and mental health screening questions. (b) Intake screening for suicide risk immediately upon 508.4, 707.3.3 ☒ ☐ ☐ intake and prior to housing assignment. (c)Provisions facilitating communication among 707.3.3 arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. 707.4 Inmates placed on suicide watch shall be closely monitored and housed in the safety cell that has ☒ ☐ ☐ been designed to be suicide resistant. Prior to housing the inmate, the staff should carefully inspect the cell for objects that may pose a threat to the inmate's safety. (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ 707.4 3660 Orange Huntington Beach I PRO 18-20 - 4 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (f) Suicide attempt and suicide intervention policies and 716.4.1, 716.4.2 procedures. A qualified health care professional will be summoned immediately any time the staff suspects a suicide attempt is imminent. Staff will ☒ ☐ ☐ take reasonable and appropriate precautions to mitigate the ability of the inmate to injure him/herself, and should consider establishing and maintaining a non-threatening conversation with the inmate while awaiting assistance. (g) Provisions for reporting suicides and suicides attempts. 716.4.2 All suicides or attempted suicides shall be ☒ ☐ ☐ documented in an incident report. Any injury must be documented in an inmate injury report (h) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 1032 FIRE SUPPRESSION PREPLANNING 402.3 Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 402.7 monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and 402.3c Safety Code Section 13146.1(a) and (b) which requires ☐ ☐ ☐ Request pending to local fire authority, HBFD, inspections at least once every two years; for review. (d) an evacuation plan; and, ☒ ☐ ☐ 405, 405.3 (e) a plan for the emergency housing of inmates in the case of 405.3.3 ☒ ☐ ☐ fire. 1040 POPULATION ACCOUNTING 500, 500.2 Each facility administrator shall maintain an inmate ☒ ☐ ☐ demographics accounting system which reflects the monthly average daily population of sentenced and non-sentenced inmates by categories of male, female and juvenile. Facility administrators shall provide the BSCC with applicable inmate demographic information as described in ☒ ☐ ☐ the Jail Profile Survey. 3660 Orange Huntington Beach I PRO 18-20 - 5 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1041 INMATE RECORDS 208 Records are kept on the facility’s JIM system. (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the maintenance of individual inmate records which shall ☒ ☐ ☐ include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, 102.4, 515.4 uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its inmates. The data ☒ ☐ ☐ collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1) (federal survey on sexual violence). 1044 INCIDENT REPORTS 209.2, 209.3.2 Any incident resulting in death, injury Each facility administrator shall develop written policies and or endangerment to staff or a visitor, serious procedures for the maintenance of written records and injury to an inmate, escape, a major disturbance, ☒ ☐ ☐ reporting of all incidents which result in physical harm, or a facility emergency or an unsafe condition at the serious threat of physical harm, to an employee or inmate of facility shall be submitted to the Detention a detention facility or other person. Administrator as soon as practicable but within 24 hours of the incident. Such records shall include the names of the persons 209.2 involved, a description of the incident, the actions taken, and All reports shall accurately reflect the identity of the date and time of the occurrence. ☒ ☐ ☐ the persons involved, all pertinent information seen, heard or assimilated by any other sense, and any actions taken. Such a written record shall be prepared by the staff assigned 209.4 to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1045 PUBLIC INFORMATION PLAN 215, 216 Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the ☒ ☐ ☐ dissemination of information to the public, to other government agencies, and to the news media. The public and inmates shall have available for review the following material: (a) The State Corrections Standards Authority Minimum 216.2 Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as 216.2 ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ 1 (2) 1061, Inmate Education Plan ☒ ☐ ☐ 2 (3) 1062, Visiting ☒ ☐ ☐ 3 (4) 1063, Correspondence ☒ ☐ ☐ 4 (5) 1064, Library Service ☒ ☐ ☐ 5 (6) 1065, Exercise and Recreation ☒ ☐ ☐ 6 (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ 7 3660 Orange Huntington Beach I PRO 18-20 - 6 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) 1067, Access to Telephone ☒ ☐ ☐ 8 (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ 9 (10) 1069, Inmate Orientation ☒ ☐ ☐ 10 (11) 1070, Individual/Family Service Programs ☒ ☐ ☐ 11 (12) 1071, Voting ☒ ☐ ☐ 12 (13) 1072, Religious Observance ☒ ☐ ☐ 13 (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ 14 (15) 1080, Rules and Disciplinary Penalties ☒ ☐ ☐ 15 (16) 1081, Plan for Inmate Discipline ☒ ☐ ☐ 16 (17) 1082, Forms of Discipline ☒ ☐ ☐ 17 (18) 1083, Limitations on Discipline ☒ ☐ ☐ 18 (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ 19 1046 DEATH IN CUSTODY 406, 514 The Chief is responsible for establishing a team (a) Death in Custody Reviews for Adults and Minors. of qualified staff to conduct an administrative The facility administrator, in cooperation with the health review of every in-custody death. At a administrator, shall develop written policy and procedures to minimum, the review team should include: ensure that there is an initial review of every in-custody (a) Chief and/or the Detention Administrator death within 30 days. The review team shall include the (b) City Attorney facility administrator and/or the facility manager, the health (c) District Attorney administrator, the responsible physician and other health ☒ ☐ ☐ (d) Investigative staff care and supervision staff who are relevant to the incident. (e) Responsible Physician, qualified health care professionals, supervisors, or other staff who are relevant to the incident The in-custody death review should be conducted no later than 72 hours after the incident Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ 514 practices are warranted; and to identify issues that require further study. (b) Death of a Minor 514.3 In any case in which a minor dies while detained in a jail, In the event that a juvenile dies while in- lockup, or court holding facility: custody, the Detention Administrator or the ☒ ☐ ☐ authorized designee shall notify the court of jurisdiction and the juvenile offender's parent or guardian (1) The administrator of the facility shall provide to the 514.3 Board a copy of the report submitted to the Attorney All in-custody deaths shall be reported within 10 General under Government Code Section 12525. A copy ☒ ☐ ☐ days of the death to the state Attorney General’s of the report shall be submitted within 10 calendar days office, in accordance with reporting guidelines after the death. and statutory requirements (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 3660 Orange Huntington Beach I PRO 18-20 - 7 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 508, 508.4, 508.5 The detention officer will complete the initial (a) Each administrator of a temporary holding, Type I, II, or classification form. The housing assignment III facility shall develop and implement a written should be based on the initial classification classification plan designed to properly assign inmates to form, an assessment of the inmate's condition housing units and activities according to the categories of sex, and the inmate's interview. age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed ☒ ☐ ☐ and other criteria which will provide for the safety of the inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall establish 508.6 and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign inmates to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available about the inmate and from the inmate and shall provide for ☐ ☐ ☒ a channel of appeal by the inmate to the facility administrator or designee. An inmate who has been sentenced to more than 60 days may request a review of his classification plan no more often than 30 days from his last review. Subsection b does not apply and has been deleted. (c) In deciding whether to assign an inmate to a housing area 508.7, 508.8 for male or female inmates, and in making other housing and LVN are on duty. programming assignments, the agency shall consider on a Inmates at high risk for sexual victimization case-by-case basis whether a placement would ensure the ☒ ☐ ☐ shall not be placed in involuntary protective inmate's health and safety, and whether the placement would custody unless an assessment of all available present management or security problems. An inmate's own alternatives has been made and it has been views with respect to his or her own safety shall be given determined that there is no available alternative serious consideration. means of separation from likely abusers 1051 COMMUNICABLE DISEASES 711, 711.1 The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. 3660 Orange Huntington Beach I PRO 18-20 - 8 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be 711.3.1a made of the person being booked as to whether or not he/she Medical screening - Each newly booked inmate has or has had any communicable diseases, such as shall be evaluated for health care needs and tuberculosis or has observable symptoms of tuberculosis or signs and symptoms of infectious disease. The any other communicable diseases, or other special medical receiving screening includes questions problem identified by the health authority. The response ☒ ☐ ☐ regarding known symptoms of TB, HIV, shall be noted on the booking form and/or screening device. sexually transmitted diseases and HBV. Staff completing the medical screening should observe the inmate for obvious signs of infection 1052 MENTALLY DISORDERED INMATES 709, 709.3 The initial screening is designed to identify The facility administrator, in cooperation with the whether mental health conditions exist that ☒ ☐ ☐ responsible physician, shall develop written policies and require immediate or ongoing intervention. procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not 710 readily available, an inmate shall be considered mentally LVN are on duty. disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 505.1 – 505.4 Inmates who pose a heightened risk to Except in Type IV facilities, each facility administrator shall themselves or others require special develop written policies and procedures which provide for management, including frequent interaction and the administrative segregation of inmates who are increased supervision by staff. Interaction with determined to be prone to: promote activity or behavior that special management inmates is essential to is criminal in nature or disruptive to facility operations; maintaining a safe, secure, and humane demonstrate influence over other inmates, including environment influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 505.6 secure housing but shall not involve any other deprivation of Administrative segregation and protective privileges than is necessary to obtain the objective of custody shall consist of separate and secure ☒ ☐ ☐ protecting the inmates and staff. housing but shall not involve any deprivation of privileges other than what is necessary to protect the inmates or staff. 3660 Orange Huntington Beach I PRO 18-20 - 9 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL 517.3 The safety cell described in Title 24, Part 2, Section ☒ ☐ ☐ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☒ ☐ ☐ a substitute for treatment. An inmate shall be placed in a safety cell only with the 517.3a – 517.3i approval of the facility manager or designee, or responsible Placement of an inmate into a safety cell requires ☒ ☐ ☐ health care staff; continued retention shall be reviewed a approval of the Watch Commander or Detention minimum of every four hours. Administrator A medical assessment shall be completed within a maximum 517.3h of 12 hours of placement in the safety cell or at the next daily ☒ ☐ ☐ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☒ ☐ ☐ retention every 24 hours thereafter. The facility manager, designee or responsible health care 517.3i staff shall obtain a mental health opinion/consultation with A medical assessment of the inmate in the safety ☒ ☐ ☐ responsible health care staff on placement and retention, cell shall occur within 12 hours of placement or which shall be secured within 12 hours of placement. at the next daily sick call, whichever is earliest. Direct visual observation shall be conducted at least twice 517.3c every thirty minutes. Such observation shall be documented. A safety cell log shall be initiated every time an inmate is placed into the safety cell and will be maintained for the entire time the inmate is housed in the cell. ☒ ☐ ☐ A safety check consisting of direct visual observation shall occur twice every 30 minutes. Each safety check of the inmate shall be documented. Supervisors shall inspect the logs for completeness every two hours and document this action on the safety cell log. Procedures shall be established to assure administration of 517.3e-f necessary nutrition and fluids. ☒ ☐ ☐ Inmates will be provided meals during each meal period Inmates shall be allowed to retain sufficient clothing, or be 517.3d provided with a suitably designed “safety garment,” to Inmates should be permitted to remain normally provide for their personal privacy unless specific identifiable clothed or should be provided a safety suit, ☒ ☐ ☐ risks to the inmate's safety or to the security of the facility except in cases where the inmate has are documented. demonstrated that clothing articles may pose a risk to the inmate's safety or the facility. 1056 USE OF SOBERING CELL 517.4 The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. 3660 Orange Huntington Beach I PRO 18-20 - 10 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such inmates shall be removed from the sobering cell as they 517.4d are able to continue in the processing. Inmates will be removed from the sobering cell ☒ ☐ ☐ when they no longer pose a threat to their own safety and the safety of others and are able to continue the booking process In no case shall an inmate remain in a sobering cell over six 517.4c hours without an evaluation by a medical staff person or an A Nurse, Detention Officer or Detention Shift evaluation by custody staff, pursuant to written medical Supervisor shall evaluate assess the condition of ☒ ☐ ☐ procedures in accordance with section 1213 of these the inmate in the sobering cell at least every six regulations, to determine whether the prisoner has an urgent hours medical problem. At 12 hours from the time of placement, all inmates will 517.4c ☒ ☐ ☐ receive an evaluation by responsible health care staff. LVN are on duty. Intermittent direct visual observation of inmates held in the 517.4b sobering cell shall be conducted no less than every half hour. Safety check consisting of direct visual Such observation shall be documented. observation that is sufficient to assess the ☒ ☐ ☐ inmate’s well-being and behavior shall occur at least once every 30 minutes on an irregular schedule. 1057 DEVELOPMENTALLY DISABLED 708.4a-b INMATES Inmates who are suspected or known to be developmentally disabled should receive an The facility administrator, in cooperation with the appraisal by the nurse on duty or custody staff ☒ ☐ ☐ responsible physician, shall develop written policies and as soon as reasonably practicable but no procedures for the identification and evaluation, appropriate later than 24 hours after booking. classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional 708.4b center on any inmate suspected or confirmed to be Contact will be made with a regional center developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ within 24 hours when an inmate is suspected or and/or treatment within 24 hours of such determination, confirmed to be developmentally disabled. excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 512.2 Restraints may also be applied according to The facility administrator, in cooperation with the inmate classification, to responsible physician, shall develop written policies and ☒ ☐ ☐ control the behavior of a high-risk inmate while procedures for the use of restraint devices and may delegate he/she is being moved outside the cell or housing authority to place an inmate in restraints to a responsible unit. health care staff. In addition to the areas specifically outlined in this 512.3 regulation, at a minimum, the policy shall address the Restraints Chair ☒ ☐ ☐ following areas: acceptable restraint devices; signs or symptoms which should result in immediate 512.3 ☒ ☐ ☐ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; 512.6 CPR equipment, such as AMBU Bag, shall be ☒ ☐ ☐ provided by the facility and located in close proximity to the location where inmates in restraints are held. protective housing of restrained persons; ☒ ☐ ☐ 512.7 provision for hydration and sanitation needs; and 512.5 ☒ ☐ ☐ Inmates who are confined in restraints shall be given food and fluids. 3660 Orange Huntington Beach I PRO 18-20 - 11 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS exercising of extremities. 512.4 Inmates placed in restraints for longer than two ☒ ☐ ☐ hours should receive a range-of-motion procedure that will allow for the movement of the extremities. In no case shall restraints be used for punishment or as a 512.2, 512.3a substitute for treatment. Restraints shall not be used as punishment, ☒ ☐ ☐ placed around a person's neck or applied in a way that is likely to cause undue physical discomfort or restrict blood flow or breathing. Restraint devices shall only be used on inmates who display 512.3 behavior which results in the destruction of property or Restraint devices, such as restraint chairs, shall reveal an intent to cause physical harm to self or others. only be used on an inmate when it reasonably Restraint devices include any devices which immobilize an appears necessary to overcome resistance, inmate's extremities and/or prevent the inmate from being prevent escape or bring an incident under ☒ ☐ ☐ ambulatory. control, thereby preventing injury to the inmate or others, or eliminating the possibility of Physical restraints should be utilized only when it appears property damage. less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval 512.3g of the facility manager, the facility watch commander, The specific reasons for the continued need for responsible health care staff; continued retention shall be restraints shall be reviewed, documented and reviewed a minimum of every hour. ☒ ☐ ☐ approved by the Detention Administrator or Watch Commander at least every two hours. Revise from 2 hours to 1 hour. A medical opinion on placement and retention shall be 512.3h Nurse Detention Officer on duty. ☒ ☐ ☐ secured within one hour from the time of placement. A medical assessment shall be completed within four hours 512.3h of placement. ☒ ☐ ☐ As soon as possible, but within four hours of placement in restraints If the facility manager, or designee, in consultation with 512.3i responsible health care staff determines that an inmate As soon as possible, but within eight hours of cannot be safely removed from restraints after eight hours, placement in restraints, the inmate must the inmate shall be taken to a medical facility for further ☒ ☐ ☐ be evaluated by a mental health professional to evaluation. assess whether the inmate needs immediate and/or long-term mental health treatment. Direct visual observation shall be conducted at least twice 512.3f every thirty minutes to ensure that the restraints are properly Staff members shall conduct direct face-to-face employed, and to ensure the safety and well-being of the observation at least twice every 30 minutes to inmate. Such observation shall be documented. check the inmate's physical well-being and behavior. ☒ ☐ ☐ All checks shall be documented, with the actual time recorded by the person doing the observation, along with a description of the inmate's behavior. Any actions taken should also be noted in the log. While in restraint devices all inmates shall be housed alone 512.3d or in a specified housing area for restrained inmates which ☒ ☐ ☐ Inmates in restraints shall be housed either alone makes provisions to protect the inmate from abuse. or in an area designated for 0restrained inmates. 3660 Orange Huntington Beach I PRO 18-20 - 12 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The provisions of this section do not apply to the use of 512.2 handcuffs, shackles or other restraint devices when used to The restraints policy does not apply to the restrain inmates for security reasons. ☒ ☐ ☐ temporary use of any department approved restraints to control an inmate during movement and transportation inside or outside the facility. 1058.5 RESTRAINTS AND PREGNANT INMATES 512.8, 704.6 Restraints will not be used on inmates who are The facility administrator, in cooperation with the known to be pregnant unless based on an responsible physician, shall develop written policies and ☒ ☐ ☐ individualized determination that restraints are procedures for the use of restraint devices on pregnant reasonably necessary for the legitimate safety inmates. In accordance with Penal Code 3407 the policy and security needs of the inmate, the staff, or the shall include reference to the following: public. (1) An inmate known to be pregnant or in recovery after 512.8.1 delivery shall not be restrained by the use of leg irons, waist In no event will an inmate who is known to be chains, or handcuffs behind the body. ☒ ☐ ☐ pregnant be restrained by the use of leg restraints/irons, waist restraints/chains, or handcuffs behind the body (2) A pregnant inmate in labor, during delivery, or in 512.8.1 recovery after delivery, shall not be restrained by the wrists, No inmate who is in labor, delivering, or ☒ ☐ ☐ ankles, or both, unless deemed necessary for the safety and recovering from a birth shall be otherwise security of the inmate, the staff, or the public. restrained (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or ☒ ☐ ☐ recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall 714.2.1 be advised, orally or in writing, of the standards and policies ☒ ☐ ☐ governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO 518.3.1, 518.2 – 518.4 COLLECT DNA SPECIMENS, SAMPLES, Force will not be used to collect DNA samples IMPRESSIONS for 296/298PC compliance. (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including ☒ ☐ ☐ peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of 512.8.1 reasonable force” shall be defined as the force that an Restraints shall be removed when medical staff objective, trained and competent correctional employee, responsible for the medical care of the pregnant ☒ ☐ ☐ faced with similar facts and circumstances, would inmate determines that the removal of restraints consider necessary and reasonable to gain compliance is medically necessary with this regulation. (2) The use of reasonable force shall be preceded by efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include ☒ ☐ ☐ an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. 3660 Orange Huntington Beach I PRO 18-20 - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) The force shall not be used without the prior written authorization of the facility watch commander on duty. The authorization shall include information that reflects the fact ☒ ☐ ☐ that the offender was asked to provide the requisite specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell extraction, Use of force incidents are video recorded when the extraction shall be videotaped, including audio. Video at all possible. shall be directed at the cell extraction event. The videotape shall be retained by the agency for the length of time ☒ ☐ ☐ required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 1062 VISITING 1003 (a) The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for inmate visiting which shall provide for as many visits and visitors as facility schedules, space, and number of personnel will allow. (b) In Type I facilities, the facility administrator shall develop and implement written policies and procedures to allow visiting for non-sentenced detainees. The policies and ☒ ☐ ☐ procedures will include a schedule to assure that non- sentenced detainees will be afforded a visit no later than the calendar day following arrest. (c) The visiting policies developed pursuant to this section shall include provision for visitation by minor children of the ☒ ☐ ☐ inmate. (d) Video visitation may be used to supplement existing No video visitation capability. visitation programs, but shall not be used to fulfill the ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an inmate. (e) Facilities shall not charge for visitation when visitors are onsite and participating in either in-person or video ☐ ☐ ☒ visitation. For purposes of this subsection, “onsite” is defined as the location where the inmate is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or ☐ ☐ ☒ (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video ☐ ☐ ☒ visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1 (June 2017) Mode of visitation; Face to face through window barrier. Visitation hours; Daily from 1400 hours to 1600 hours. Time inmates are allowed for visitation; and, 15 minutes to 30 minutes. Any restrictions on inmate visitation. 100.3.6 Visitor poses danger to facility. 1063 CORRESPONDENCE 1001 ☒ ☐ ☐ The facility administrator shall develop written policies and procedures for inmate correspondence which provide that: 3660 Orange Huntington Beach I PRO 18-20 - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) there is no limitation on the volume of mail that an inmate 1001.3 may send or receive; Inmates may, at their own expense, send and receive mail without restrictions on quantity, ☒ ☐ ☐ provided it does not jeopardized the safety of staff, visitors, or other inmates, or pose an unreasonable disruption to the orderly operation of the facility. (b) inmate correspondence may be read when there is a 1001.6.3 valid security reason and the facility manager or his/her Facility staff may inspect incoming confidential designee approves; correspondence for contraband. Facility staff ☒ ☐ ☐ may inspect out going confidential correspondence for contraband before it is sealed (c) jail staff shall not review inmate correspondence to or 1001.4.1 from state and federal courts, any member of the State Bar Inmates may correspond confidentially with or holder of public office, and the State Board of State and courts, legal counsel, officials of this Community Corrections; however, jail authorities may department, elected officials, the Department of ☒ ☐ ☐ open and inspect such mail only to search for contraband, Corrections, jail inspectors, government cash, checks, or money orders and in the presence of the officials, or officers of the court. This facility inmate; will also accept and deliver a fax or interoffice mail from these entities. (d) inmates may correspond, confidentially, with the 1001.4 ☒ ☐ ☐ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted 1001.10 at least two postage paid envelopes and two sheets of paper Indigent inmates shall receive writing materials each week to permit correspondence with family members on a weekly basis, as provided by an approved ☒ ☐ ☐ and friends but without limitation on the number of postage schedule established by the Detention paid envelopes and sheets of paper to his or her attorney Administrator. and to the courts. 1065 EXERCISE AND RECREATION 1000.3 ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make table games and/or television available to inmates. 1066 BOOKS, NEWSPAPERS, PERIODICALS, 1000.4 AND WRITINGS Newspapers/Bible/Magazines/Books. (b) The facility administrator of a Type I facility shall ☒ ☐ ☐ develop and implement a written plan to make available a daily newspaper in general circulation, including a non- English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE 1002.3 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL The facility administrator shall develop written policies and ☒ ☐ ☐ 602 procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these 1001.3 ☒ ☐ ☐ regulations, and, 3660 Orange Huntington Beach I PRO 18-20 - 15 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) confidential consultation with attorneys. ☒ ☐ ☐ 602.3 1069 INMATE ORIENTATION 503 (b) In Type I facilities, the facility administrator shall develop written policies and procedures for a program ☒ ☐ ☐ reasonably understandable to non-sentenced detainees to orient an inmate at the time of placement in a living area. Such a program shall be published and include, but not be limited to, the following: (1) rules and disciplinary procedures; ☒ ☐ ☐ 503.3 (2) visiting rules; ☒ ☐ ☐ (3) availability of personal care items, opportunities ☒ ☐ ☐ for personal hygiene; (4) availability of reading and recreational materials; ☒ ☐ ☐ and, (5) medical/mental health procedures. ☒ ☐ ☐ 503.3 1071 VOTING 608 The facility administrator of a Type I (holding sentenced inmate workers) II, III or IV facility shall develop written ☒ ☐ ☐ policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES 1006 The department permits inmates to engage in The facility administrator of a Type I, II, III or IV facility the lawful practices and observances of their ☒ ☐ ☐ shall develop written policies and procedures to provide sincerely held religious beliefs consistent with opportunities for inmates to participate in religious services, the legitimate penological objectives of the practices and counseling on a voluntary basis. facility. 1073 INMATE GRIEVANCE PROCEDURE 607 Applicable to Type I facilities holding sentenced workers. Inmates may file a grievance relating to conditions of confinement, which includes release date, housing, medical care, food (a) Each administrator of a Type II, III, or IV facility and services, hygiene and sanitation needs, Type I facilities which hold inmate workers shall develop recreation opportunities, classification actions, written policies and procedures whereby any inmate may ☒ ☐ ☐ disciplinary actions, program participation, appeal and have resolved grievances relating to any telephone and mail use procedures, visiting conditions of confinement, including but not limited to: procedures and allegations of sexual medical care; classification actions; disciplinary actions; program participation; telephone, mail, and visiting abuse procedures; and food, clothing, and bedding. Such policies and procedures shall include: (1) a grievance form or instructions for registering a 607.3 ☒ ☐ ☐ grievance; (2) resolution of the grievance at the lowest appropriate Staff shall attempt to informally resolve all ☒ ☐ ☐ staff level; grievances at the lowest level. (3) appeal to the next level of review; Staff shall attempt to informally resolve all grievances at the lowest level. All attempts to ☒ ☐ ☐ resolve a grievance shall be documented in the inmate’s file. If there is no resolution at this level, the inmate may request a grievance form. (4) written reasons for denial of grievance at each level ☒ ☐ ☐ of review which acts on the grievance; (5) provision for response within a reasonable time A grievance should be filed by an inmate within ☒ ☐ ☐ limit; and, 14 days of the complaint or issue. 3660 Orange Huntington Beach I PRO 18-20 - 16 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (6) provision for resolving questions of jurisdiction There is no separation of jurisdiction in the ☐ ☐ ☒ within the facility. facility. (b) Grievance System Abuse: 607.2 The facility may establish written policy and procedure to ☐ ☒ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY PENALTIES 600.2 If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply 600.3.3 and affirmatively, and posted conspicuously in housing units ☒ ☐ ☐ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read 600.3.3 English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☒ ☐ ☐ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE 600.3.2 Each facility administrator shall develop written policies and ☒ ☐ ☐ procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- 600.10 conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☒ ☐ ☐ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☒ ☐ ☐ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☒ ☐ ☐ 600.9 2. Placement in disciplinary separation. ☒ ☐ ☐ 600.9 3. Disciplinary separation diet. 601.4 Major violations by inmates are ☐ ☐ ☒ transferred to OCJ. 4. Loss of privileges mandated by regulations. ☒ ☐ ☐ 600.9 A staff member with investigative and punitive authority 600.6 shall be designated as a disciplinary officer to impose such ☒ ☐ ☐ consequences. Staff shall not participate in disciplinary review if they are 600.6 ☒ ☐ ☐ involved in the charges. Such charges pending against an inmate shall be acted on 600.5 with the following provisions and within specified ☒ ☐ ☐ timeframes: 1. A copy of the report, and/or a separate written notice ☒ ☐ ☐ of the violation(s), shall be provided to the inmate. 3660 Orange Huntington Beach I PRO 18-20 - 17 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☒ ☐ ☐ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her 600.7 own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☒ ☐ ☐ access to staff or inmate assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours 600.7.3 after an inmate has been informed of the charge(s) in ☒ ☐ ☐ writing. 5. Subsequent to final disposition of disciplinary 600.7.2 charges by the disciplinary officer, the charges and the ☒ ☐ ☐ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by 600.7.2 the fact-finders about the evidence relied on and the ☒ ☐ ☐ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a 600.8 ☒ ☐ ☐ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator 600.4.3 from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☒ ☐ ☐ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☒ ☐ ☐ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE 600.10 The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☒ ☐ ☐ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 3660 Orange Huntington Beach I PRO 18-20 - 18 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY 600.9 ACTIONS The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☒ ☐ ☐ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the 600.9 minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☒ ☐ ☐ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☒ ☐ ☐ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☒ ☐ ☐ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☒ ☐ ☐ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☒ ☐ ☐ (g) The disciplinary separation diet described in section 601.4, 601.4.1 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial ☐ ☐ ☒ placement on the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on ☐ ☐ ☒ that diet every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except 600.9 in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☒ ☐ ☐ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☒ ☐ ☐ suspended as a disciplinary measure. 3660 Orange Huntington Beach I PRO 18-20 - 19 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS 600.7.2 Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☒ ☐ ☐ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? Secure youth are detained in the out of sight and sound of adult’s prisoner’s The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☒ ☐ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes ☒ ☐ the minimum standards of how facilities hold minors in temporary custody in the jail. Facilities that do not hold minors in the jail are not subject 3660 Orange Huntington Beach I PRO 18-20 - 20 - A352 Type 1 PRO eff. 1/2019 (18-20).dot to Title 15, Article 9 biennial inspections. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 506.11 MINOR IN AN ADULT DETENTION FACILITY ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 506.2 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; ☒ ☐ ☐ 506.2.1a,c 506.12.4 (b) use of restraints; ☒ ☐ ☐ 506.9.1 512.2 (c) emergency medical assistance and services; and, ☒ ☐ ☐ 506.2.1b (d) prohibiting use of discipline. ☒ ☐ ☐ 600.4.4 506.9 1143 CARE OF MINORS IN TEMPORARY 506.4.1a - e CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ (2) one snack upon request during term of temporary custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ (4) privacy during consultation with family, guardian, ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is 506.4.1e inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 506.3 ADULT PRISONERS ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. 3660 Orange Huntington Beach I PRO 18-20 - 21 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS In situations where brief or accidental contact may occur, 506.6 such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 506.5.3 A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a 506.5.3a1-a5 serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY 506.5.3b1-5 While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 506.5.4b CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; 506.5.4b1 ☒ ☐ ☐ and, 3660 Orange Huntington Beach I PRO 18-20 - 22 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (2) safety checks, as defined in Section 1006, of the 506.5.4b2 minor by staff of the law enforcement facility, at ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same 506.5.4c locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 506.5.4a CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant 506.5.4a1 direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 506.5.4a2 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE 506.5.2 CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- SECURE CUSTODY Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF 506.12.5 ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. 3660 Orange Huntington Beach I PRO 18-20 - 23 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody in a locked room 506.12.5b1 who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 3660 Orange Huntington Beach I PRO 18-20 - 24 - A352 Type 1 PRO eff. 1/2019 (18-20).dot