Orange County, La Habra Police Department (2018-2020 inspection cycle)

December 10, 2020 Jerry Price, Chief of Police La Habra Police Department L150 N. Euclid Street La Habra, CA 90631 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Price: As you are aware, the Board of State and Community Corrections (BSCC) is statutorily required to biennially inspect all local detention facilities 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 related 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 one item of noncompliance: 1029 Policy and Procedure Manual: Facility is required to develop a policy to address sexual assault and harassment. 3700 Orange La Habra I LTR 18-20 Jerry Price, Chief of Police Page 2 of 2 Please refer to the Procedures Checklist for detailed information. Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodel project concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). Secure youth are not held in the jail. They are detained in a locked interview room outside the 2nd floor of the police department. CORRECTIVE ACTION PLAN If you choose to address the noncompliance issues noted above, please provide a corrective action plan so that BSCC may update our files to indicate compliance. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC remains 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 La Habra* City Manager, City of La Habra* Presiding Judge, Superior Court, County of Orange * Grand Jury Foreperson, Superior Court, County of Orange* Danial Barnes, Lieutenant, La Habra Police Department *Copies of the report are located on BSCC website 3700 Orange La Habra I LTR 18-20 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:3700 FACILITY NAME: La Habra Police Department City Jail FACILITY TYPE: I PERSON(S) INTERVIEWED: Lieutenant Danial Barnes FIELD REPRESENTATIVE: MICHAEL BUSH DATE: 06/24/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 Article 2 1. (a) In addition to the provisions of California Penal Code The La Habra Police Department contracts with Section 831.5, all custodial personnel of a Type I, II, III, or G4S for jail services and is therefore not a ☒ ☐ ☐ IV facility shall successfully complete the “Corrections Standards and Training for Corrections (STC) Officer Core Course” as described in Section 179 of Title participating agency. Compliance with sections 15, CCR, within one year from the date of assignment. related to training was determined by an onsite audit of training records. (b) Custodial Personnel who have successfully completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING 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 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. 3700 Orange La Habra 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 Article 2 6. 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 Article 2 B.1 A sufficient number of personnel shall be employed in each In addition to the implementation and operation local detention facility to ensure the implementation and of all programs and activities required by the operation of the programs and activities required by these ☒ ☐ ☐ regulations, another predicator for compliance regulations. with this section is the availability of staff to complete and document at least hourly safety checks. Whenever there is an inmate in custody, there shall be at The jailer will not have any other duties that least one employee on duty at all times in a local detention would conflict with the supervision and care of facility or in the building which houses a local detention ☒ ☐ ☐ the inmate 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 Article 2 A. 1. 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 Article 2 B. 2. shall be at least one female employee who shall be immediately available and accessible to such females. When female inmate(s) are in custody, there Note: Reference PC§ 4021. will be at least one female La Habra Police Department employee, who in a like manner, ☒ ☐ ☐ will be immediately available and accessible to the female inmate(s). If a female La Habra Police Department employee is not available, the female inmate(s) will be transported to an Orange County Jail Facility. To determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS Article 2 A. 3. Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no ☒ ☐ ☐ Policy requires hourly safety checks with more than a 60-minute lapse between safety checks. documentation in the jail log. In practice, 30- minute checks are conducted. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 1028 FIRE AND LIFE SAFETY STAFF Article 2 C. Pursuant to Penal Code Section 6030(c), whenever there is ☒ ☐ ☐ an inmate in custody, there shall be at least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. 3700 Orange La Habra 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 The facility manager shall ensure that there is at least one All jailers have completed the adult core person on duty who is trained in fire and life safety ☒ ☐ ☐ training. procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 3 Unless otherwise indicated, all references to policy sections are contained within the La Habra Police Department Jail Operations Facility administrator(s) shall develop and publish a manual 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 Article 1 A. ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility Article 1 E. 3. ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. Department Policy Section 300 is applicable to ☒ ☐ ☐ jailers. (4) Policy on the use of restraint equipment, including the Article 5 G. restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Arrestees determined to be pregnant are Section 3407. transported directly to the Orange County Jail. (5) Procedure and criteria for screening newly received Article 5 I. inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ Article 2 D. 1. (A) physical counts of inmates, ☒ ☐ ☐ Article 2 D. (B) searches of the facility and inmates, ☒ ☐ ☐ Article 14 (C) contraband control, and, ☒ ☐ ☐ Article 2 D. 2. (D) key control. ☒ ☐ ☐ Article 2 D. 3. Each facility administrator shall, at least annually, review, Article 1 E. 2. 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: Article 3 A. (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; Article 3 A Article 3 D ☒ ☐ ☐ Article 3 C. (C) mass arrests; ☒ ☐ ☐ Article 3 E. 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3700 Orange La Habra 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 (D) natural disasters; ☒ ☐ ☐ Article 3 E (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ Article 3 G (F) storage, issue, and use of weapons, ammunition, ☒ ☐ ☐ Article 5 chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ Article 1 E. 1. (9) Segregation of Inmates. ☒ ☐ ☐ Article 5 H. (10) Zero tolerance in the prevention of sexual abuse and Facility needs to develop a PREA Policy to ☐ ☒ ☐ sexual harassment. address Section 10, 11 (e) and 2 (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☐ ☒ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☐ ☒ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☐ ☒ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM Article 8 d2. The facility shall have a comprehensive written suicide Inmates exhibiting suicidal behavior shall be prevention program developed by the facility administrator, transported to an Orange County Mental Health ☒ ☐ ☐ in conjunction with the health authority and mental health Facility, or an Orange County Jail Facility. director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall Remainder of section is deleted. include the following: 1032 FIRE SUPPRESSION PREPLANNING Article 2 C. 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 Article 2 D. 2. monthly basis with two-year retention of the inspection ☒ ☐ ☐ This information is included in a detailed record; monthly report to the Chief of Police. (c) fire prevention inspections as required by Health and Article 2 D. 3. Safety Code Section 13146.1(a) and (b) which requires Conducted on 19/12/2019 by the Los Angeles ☒ ☐ ☐ inspections at least once every two years; County Fire Department. Fire clearance granted. (d) an evacuation plan; and, ☒ ☐ ☐ Article 2 D. 4. (e) a plan for the emergency housing of inmates in the case of The Orange County Jail would be used in this ☒ ☐ ☐ fire. event. 3700 Orange La Habra 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 1040 POPULATION ACCOUNTING Article 4 A. 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. 1041 INMATE RECORDS Article 4 A. (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the maintenance of individual inmate records which shall ☒ ☐ ☐ include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its inmates. The data ☒ ☐ ☐ collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1) (federal survey on sexual violence). 1044 INCIDENT REPORTS Article 4 C. Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons Article 4 C. 3. involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned Report is due at the end of shift. to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1045 PUBLIC INFORMATION PLAN Article 4 D. 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 M Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ A (2) 1061, Inmate Education Plan ☐ ☐ ☒ No sentenced inmates. (3) 1062, Visiting ☒ ☐ ☐ B 3700 Orange La Habra 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 (4) 1063, Correspondence ☒ ☐ ☐ C (5) 1064, Library Service ☐ ☐ ☒ No sentenced inmates. (6) 1065, Exercise and Recreation ☐ ☐ ☒ No sentenced inmates. (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ E D (8) 1067, Access to Telephone ☒ ☐ ☐ F (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ G (10) 1069, Inmate Orientation ☒ ☐ ☐ H (11) 1070, Individual/Family Service Programs ☐ ☐ ☒ No sentenced inmates. (12) 1071, Voting ☒ ☐ ☐ I (13) 1072, Religious Observance ☒ ☐ ☐ No sentenced inmates. (14) 1073, Inmate Grievance Procedure ☐ ☐ ☒ j (15) 1080, Rules and Disciplinary Penalties ☐ ☐ ☒ No sentenced inmates. (16) 1081, Plan for Inmate Discipline ☒ ☐ ☐ J No sentenced inmates. (17) 1082, Forms of Discipline ☐ ☐ ☒ No sentenced inmates. (18) 1083, Limitations on Discipline ☐ ☐ ☒ No sentenced inmates. (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ M 1046 DEATH IN CUSTODY Article 8 C. 6. (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ☒ ☐ ☐ ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor Article 12 C. 1. In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: Minors are not held in the facility. (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 3700 Orange La Habra I PRO 18-20 - 6 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN Article 5 A. (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed ☒ ☐ ☐ and other criteria which will provide for the safety of the inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall establish 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 Article 5 K. for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a Noted on classification form and booking log. case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES Article 5 D. The facility administrator, in cooperation with the Such persons are immediately transported to an responsible physician, shall develop written policies and ☒ ☐ ☐ appropriate facility. procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be Article 8 B. 6. made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 3700 Orange La Habra I PRO 18-20 - 7 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES Article 5 B. The facility administrator, in cooperation with the Such persons are immediately transported to an ☒ ☐ ☐ responsible physician, shall develop written policies and appropriate facility. procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION Article 5 H. Except in Type IV facilities, each facility administrator shall Will be transported to the county jail. develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and Article 5 H. 3. secure housing but shall not involve any other deprivation of ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL Article 5 E. 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 Article 5 E. 1. a 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 Article 5 E. 8. ☒ ☐ ☐ a substitute for treatment. An inmate shall be placed in a safety cell only with the Article 5 E. 1. (b) approval of the facility manager or designee, or responsible ☒ ☐ ☐ health care staff; continued retention shall be reviewed a minimum of every four hours. 3700 Orange La Habra 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 A medical assessment shall be completed within a maximum Article 5 E. 2. 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 Article 5 E. 4. ☒ ☐ ☐ retention every 24 hours thereafter. The facility manager, designee or responsible health care Article 5 E. 4 staff shall obtain a mental health opinion/consultation with ☒ ☐ ☐ responsible health care staff on placement and retention, Rarely used safety cells. which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice Article 5 E. 5 ☒ ☐ ☐ every thirty minutes. Such observation shall be documented. Procedures shall be established to assure administration of Article 5 E.6 ☒ ☐ ☐ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be Article 5 E. 7 provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☒ ☐ ☐ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL Article 5 F 1 The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they Article 5 F ☒ ☐ ☐ are able to continue in the processing. In no case shall an inmate remain in a sobering cell over six Article 5 F.2 hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will Article 5 F. 4 receive an evaluation by responsible health care staff. If the inmate(s) is too intoxicated or medically ☒ ☐ ☐ fragile to be admitted to the La Habra City Jail, the inmate will be immediately transported to a medical facility for evaluation before booking. Intermittent direct visual observation of inmates held in the Article 5 F.3 sobering cell shall be conducted no less than every half hour. ☒ ☐ ☐ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED Article 5 C. INMATES Such persons are immediately transported to an The facility administrator, in cooperation with the appropriate facility. ☒ ☐ ☐ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 3700 Orange La Habra 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 1058 USE OF RESTRAINT DEVICES Article 5 G. 2 The facility administrator, in cooperation with the The use of restraint devices as described in responsible physician, shall develop written policies and section 1058 are not authorized by this procedures for the use of restraint devices and may delegate department. Any inmate requiring such ☒ ☐ ☐ authority to place an inmate in restraints to a responsible restraining devices shall be transported health care staff. immediately to an Orange County Jail Facility. The remainder of the text of this regulation has been deleted. 1058.5 RESTRAINTS AND PREGNANT INMATES Pregnant female prisoners will not be detained in the facility. Policy is currently under review. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ The remainder of the section is deleted. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: 1059 USE OF REASONABLE FORCE TO Force is not used. Policy is currently under COLLECT DNA SPECIMENS, SAMPLES, review. IMPRESSIONS (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 reasonable force” shall be defined as the force that an objective, trained and competent correctional employee, ☐ ☐ ☒ faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance 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. (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, the extraction shall be videotaped, including audio. Video 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. 3700 Orange La Habra 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 1062 VISITING Article 6 A. (a) The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for inmate visiting which shall provide for Prisoners not held more than 4 hours. as many visits and visitors as facility schedules, space, and number of personnel will allow. (b) In Type I facilities, the facility administrator shall Article 6 A. 7. develop and implement written policies and procedures to allow visiting for non-sentenced detainees. The policies and ☒ ☐ ☐ No sentence inmates 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 Article 6 A. 5. shall include provision for visitation by minor children of the ☒ ☐ ☐ inmate. Minor children may visit the inmate during normal visiting hours. (d) Video visitation may be used to supplement existing visitation programs, but shall not be used to fulfill the ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an inmate. (e) Facilities shall not charge for visitation when visitors are onsite and participating in either in-person or video ☐ ☐ ☒ visitation. For purposes of this subsection, “onsite” is defined as the location where the inmate is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or ☐ ☐ ☒ (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video ☐ ☐ ☒ visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1 (June 2017) Mode of visitation; Face to face non-contact Visitation hours; 1100 hours to 1500 hours daily Time inmates are allowed for visitation; and, Daily Any restrictions on inmate visitation. 1063 CORRESPONDENCE Article 5 B. ☒ ☐ ☐ The facility administrator shall develop written policies and Prisoners not held more than 4 hours. procedures for inmate correspondence which provide that: (a) there is no limitation on the volume of mail that an inmate Article 5 B. 1. may send or receive; ☒ ☐ ☐ Since this is a short-term facility, an inmate generally will not send or receive correspondence. (b) inmate correspondence may be read when there is a Article 5 B. 2. valid security reason and the facility manager or his/her ☒ ☐ ☐ designee approves; 3700 Orange La Habra 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 (c) jail staff shall not review inmate correspondence to or Article 5 B. 2. & 5. from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may ☒ ☐ ☐ open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the inmate; (d) inmates may correspond, confidentially, with the Article 5 B. 4. ☒ ☐ ☐ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted Article 5 B. 3. at least two postage paid envelopes and two sheets of paper each week to permit correspondence with family members ☒ ☐ ☐ and friends but without limitation on the number of postage paid envelopes and sheets of paper to his or her attorney and to the courts. 1065 EXERCISE AND RECREATION Article 6 D. ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make table games and/or television available to inmates. 1066 BOOKS, NEWSPAPERS, PERIODICALS, Article 6 E. AND WRITINGS (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 Article 6 C. 5. The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these Article 6 B. 1. ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ Article 6 A. 1. 1069 INMATE ORIENTATION Article 6 F. (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; ☒ ☐ ☐ Rules are posted (2) visiting rules; ☒ ☐ ☐ (3) availability of personal care items, opportunities ☒ ☐ ☐ for personal hygiene; (4) availability of reading and recreational materials; ☒ ☐ ☐ and, 3700 Orange La Habra 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 (5) medical/mental health procedures. ☒ ☐ ☐ 1071 VOTING Article 6 G. 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 Article 6 H. The facility administrator of a Type I, II, III or IV facility ☒ ☐ ☐ shall develop written policies and procedures to provide opportunities for inmates to participate in religious services, practices and counseling on a voluntary basis. 1073 INMATE GRIEVANCE PROCEDURE Article 6 I. Applicable to Type I facilities holding sentenced workers. No grievances have been received by this (a) Each administrator of a Type II, III, or IV facility and agency during this inspection cycle. Prisoners Type I facilities which hold inmate workers shall develop not held more than 4 hours. written policies and procedures whereby any inmate may ☒ ☐ ☐ appeal and have resolved grievances relating to any conditions of confinement, including but not limited to: medical care; classification actions; disciplinary actions; program participation; telephone, mail, and visiting procedures; and food, clothing, and bedding. Such policies and procedures shall include: (1) a grievance form or instructions for registering a ☒ ☐ ☒ grievance; (2) resolution of the grievance at the lowest appropriate ☐ ☐ ☒ staff level; (3) appeal to the next level of review; ☐ ☐ ☒ (4) written reasons for denial of grievance at each level ☐ ☐ ☒ of review which acts on the grievance; (5) provision for response within a reasonable time ☐ ☐ ☒ limit; and, (6) provision for resolving questions of jurisdiction ☐ ☐ ☒ within the facility. (b) Grievance System Abuse: The facility may establish written policy and procedure to ☐ ☒ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY PENALTIES Discipline is not administered at this facility. 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. DETENTION OF MINORS YES NO COMEMNTS 3700 Orange La Habra I PRO 18-20 - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot Are minors held in this facility? Secure and non-secure youth are not held in the jail facility. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☐ ☒ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☒ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A MINOR IN AN ADULT DETENTION FACILITY ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES Article 12 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; ☒ ☐ ☐ Article 8 D. (b) use of restraints; ☐ ☐ ☒ Article 5 G. (c) emergency medical assistance and services; and, ☒ ☐ ☐ Article 8 (d) prohibiting use of discipline. ☒ ☐ ☐ Article 7 1143 CARE OF MINORS IN TEMPORARY Article 12 D. CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ 3700 Orange La Habra I PRO 18-20 - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (2) one snack upon request during term of temporary custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ (4) privacy during consultation with family, guardian, ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND Article 12 F. ADULT PRISONERS Prior to the submission of this report policy was revised to reflect the new and more restrictive ☒ ☐ ☐ The facility administrator shall establish policies and regulation procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, 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 Article 12 E. 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 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, 3700 Orange La Habra I PRO 18-20 - 15 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (e) the age, type, and number of other individuals who ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY Article 12 E. 3. 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 Article 12 G. 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; ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the minor by staff of the law enforcement facility, at ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE Article 12 H. CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE Article 12 J. 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. 3700 Orange La Habra I PRO 18-20 - 16 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 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 Article 12 K. ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 3700 Orange La Habra I PRO 18-20 - 17 - A352 Type 1 PRO eff. 1/2019 (18-20).dot