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

STATE OF CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LINDA M. PENNER 2590VENTUREOAKSWAY.SUITE200 ' SACRAMENTOCA95833 • 916.445.5073 • BSCC.CA.GOV CI1.1ir KATHLEEN T. HOWARD EDMUND G. BROWN, JR. Executive Director Governor September 10,2018 John T. Lewis, ChieF of Police Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 2016-2018 Biennial Inspection pursuant to Section 6031 PC and 209 WIC Dear Chief Lewis: On .June 7, 2018, Board ol' State and Community Corrections (BSCC) staff conducted the biennial inspection of the Newport Beach City .Jail l'or compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, Calil'ornia Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuantlo the Federal Juvenile .Juslice and Delinquellcy Prevention Act (.JJDPA) for the secure detention of minors. I appreciate the active participation of Lieutenant Rachel Johnson and Custody Staff Victoria Ortiz and Mathe\-\' DeRocili. I also appreciate the professionalism and courtesies extended during the inspection, and recognize the added workload lar your department to accomplish this task. The complete BSCC inspection report is enclosed. In addition to this transmittal letter, the "procedures" checklist'" outlining applicable Title 15 sections; the "physical plant checklist'" outlining Title 24 requirements for design; and the "living area space evaluation." Local Inspections In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Ollicer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 10 I 045 and 13146.1). Please consider our report in conjunction with the repol1s from the County Health Oft,cer and the City of La Verne Fire Department f'or a comprehensive perspective of your facility. The Fire Inspection was conducted on May 17,2018, with no deliciencies. Please review the fire inspection report for further information. The local health department conducted the medical/mental health, environmental health and nutrition inspection October 10, November 9 and 14,2017. There were no non-compliance issues. 1 BSCC does not review all oryoLlr policies and procedures. We only review those policies related specifically to the applicable regulations included in Title 15, Minimum Standards for Local Detention Facilities for issues on non compliance. We do not "approve" your policies nor do we review them for Constitutional or legal issues. We recommend agencies seek policy review through their legal advisor, risk manager, and other persons deemed appropriate. :1 Facilities are assessed against Title 24 requirements in place at the time of design or signiricant remodel to the jail area. 3720 Newport Beach PO Cit)" Jail LTR. 09/10/20lS John T. Lewis, Chief of Police Page 2 To obtain a comprehensive view of the conditions at the NewpOlt Beach City Jail, please review the fire and health inspections report in conjunction with this repol1. BSCC Inspection Physical Plant: Completed in 1974, the Newport Beach City Jail is inspected as a Type I facility and evaluated using the 1963 and 1992 Physical Plant Standards. With a Rated Capacity of27, one male inmate was in-custody at the lime orlhe inspection. Thejail was clean and appeared well maintained. No issues arnon-compliance with applicable physical plant standards were identified. Policy, Procedures and Practice: During the inspection, BSCC stafr reviewed applicable policy, procedures, practices and supporting documentation where necessary. We informed your staff that there is a recently updated version of Title 15 minimum standards and that the facility should go through the new standards to ensure that the facility will remain in compliance with their policy and procedures manual. Doclimentation review included training records, daily/monthly inspections, receiving screening forms and safety checks. No issues of non compliance with Title 15 standards were identified. Juvenile Inspection: We reviewed policy, procedures, practice and supporting documentation related to the requirements of Title 15 Article 9 - Minors in Custody in a Law Enforcement Facility and WIC Section 207.I(d). Minors in non-secure detention are held outside the secure perimeter in a common area. BSCC is the designated compliance monitoring agency for the Juvenile Justice and Delinquency Prevention Act (JJDPA), and is authorized by Welfare and Institutions Code §209(f) to inspect facilities that may detain minors in secure detention. There were no violations noted. We continue to encourage management oversight related to the detention of minors for compliance with WIC Section 207.I(d) and Title 15, Article 9 regulations to maintain suitability for the secure confinement of minors in law enforcement f~lcilities. This concludes our inspection report for the 20 16-20 18 inspection cycle. We would like to thank your staff for the hospitality and courtesy extended during the inspection. If you should have any questions, please contact me at (916) 324-9861 or email atmichael.bush@bscc.ca.gov. Field Representative Facilities Standards and Operations Division cc: Chair, City Council, Cit)' or Newport Beach' City Manager, City of Newport Beach' Presiding Judge, Superior Court, County of Orange' Grand Jury Foreman. Superior Court, County ofOrange* Rachel Johnson, Lieulenanl, Newport Beach Police Departmenl * Copies of the full inspection report are available upon request. 3720 Newport Beach PD City Jail LTR. 09/10/201S TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:3720 FACILITY NAME: Newport Beach City Jail FACILITY TYPE: IJ PERSON(S) INTERVIEWED: Lieutenant Rachel Johnson, Custody Officer Victoria Ortiz and Mathew DeRocili FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/07/2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 The Newport Beach Police Department is a Standards and Training for Corrections (STC) In addition to provisions of Penal Code Section 831.5, all participating agency. Compliance with custodial personnel have successfully completed the sections related to training (with the exception “Corrections Officer Core Course” as described in Section of 1021) is determined by an annual audit of 179 of Title 15, CCR within one year of assignment. X training records. Custodial personnel may substitute 832.3 PC training and the “Corrections Officer Basic Academy Supplemental Core The most recent audit found the agency in Course” as described in Section 180, Title 15, CCR as an compliance with training requirements alternative. 1021 JAIL SUPERVISORY TRAINING Newly appointed jail supervisor. He will attend supervisory training within one year of his X All supervisory custodial personnel have completed the STC appointment. or POST supervisory training within one year of assignment. All supervisory custodial personnel have completed the “Corrections Officer Core Course” identified in Section 1020. (The intent is that core training be completed prior to X assuming supervisory responsibilities.) 1023 JAIL MANAGEMENT TRAINING Newly appointed jail manager. Lt. Johnson will attend management training within one year of All jail management personnel have completed either the her appointment. X STC or the POST management course specified in Section 182, Title 15, CCR within one year of assignment. 1025 CONTINUING PROFESSIONAL TRAINING With the exception of any year that a core training module is successfully completed, all facility/system administrators, X managers, supervisors and custody personnel have successfully completed the annual required training specified in Section 184, Title 15, CCR. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 3720 Newport Beach City Jail I/06/07/2018 - 1 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1027 NUMBER OF PERSONNEL In addition to the implementation and operation of all programs and activities required by the There are sufficient personnel on duty at all times (whenever regulations, another predicator for compliance there is an inmate in custody) to ensure the implementation X with this section is the availability of staff to and operation of all programs and activities required by complete and document at least hourly safety these regulations. checks. There is a written plan that includes the documentation of 107 Policy requires documentation of hourly hourly safety checks. checks. X A review of safety check logs coupled with the totality of the inspection process was the basis for the finding with this section. There is at least one employee on duty at all times, who shall 106 be immediately available and accessible with the ability to X respond to any inmate in the event of an emergency. Whenever one or more female inmates are in custody, there 106 is at least one female employee immediately available and Whenever there is a female in custody the accessible. department will turn to their Matron staff, who Note: Reference PC § 4021. have received 8 hours of jail training. However, Penal Code 4021 states that there must be X “trained female staff available when there is a female in custody. Because the department is a Type I facility, female staff will need to attend the “Corrections Officer Core Course” as well as attend 831.5 PC course to adhere to 4021 PC. A staffing plan is available which indicates personnel assigned and their duties. X 1028 1028 FIRE AND LIFE SAFETY STAFF This occurs during core training. Whenever there is an inmate in custody, there is at least one X person on duty at all times who meets the BSCC training standards for general fire and life safety. There is at least one person on duty who trained in fire and life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 3 Unless otherwise indicated, all references to policy sections are contained within the There is a published manual of policies and procedures for X Newport Beach Police Department Jail the facility that addresses applicable regulations and Operations Manual includes: Table of organization, including channels of 1/100 X communications; Inspections and operations reviews by the facility X administrator/manager; Use of force; X 300 Use of restraint equipment, including the restraint of pregnant inmates; X Note: Reference PC § 6030(f); Screening newly received inmates for release 243 X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: 254 X Physical counts of inmates; 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3720 Newport Beach City Jail I/06/07/2018 - 2 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Searches of the facility; X 107 Searches of inmates; X 618.2 Contraband control; and, X 223 Key control. X 618.2 At least annually, the facility administrator reviews, 615 evaluates and documents internal and external security X measures. Emergency procedures, including: X Escape; X 619 Disturbances; 619 X Taking of hostages; 619 X Civil disturbance; 619 X Natural disasters; 619 X Periodic testing of emergency equipment; 620 Storage, issue and use of weapons, ammunition, X 616 chemical agents; and, X 616 Storage, issue and use of security devices. X 405 Suicide prevention; and, 240 X Segregation of inmates. X The manual is available to all employees. X 625 The manual is comprehensively reviewed and updated at 625.1 least every two years. X 1032 FIRE SUPPRESSION PREPLANNING 620 There is a fire suppression pre-plan that has been developed in X consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff 620.2 B. Performed by the Custody Supervisor. X with a two-year retention of the inspection record; Verified. Fire prevention inspections at least once every two years; Conducted 05/17/2018 by the Newport Beach Note: Reference Health and Safety Code Section X Fire Dept. Fire Clearance granted. 13146.1(a) and (b); An evacuation plan; and, X 620.2 A plan for the emergency housing of inmates in the event of a fire. X 1040 POPULATION ACCOUNTING The facility maintains an inmate demographics accounting X system, which reflects the monthly average daily population of sentenced and unsentenced inmates by categories of male, female, and juvenile. The Jail Profile Survey information is provided to the BSCC. Verified. X 3720 Newport Beach City Jail I/06/07/2018 - 3 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1041 INMATE RECORDS 607 We reviewed several inmate’s records files. There are written policies and procedures for the maintenance of individual inmate records which include intake information, personal property receipts, commitment X papers, court orders, reports of disciplinary action taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. 1044 INCIDENT REPORTS 503 There are written policies and procedures for the maintenance of written records and reporting of all incidents X that result in physical harm, or serious threat of physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and submitted Must be completed prior to leaving work. to the facility manager or his/her designee. X We reviewed several incident reports. 1045 PUBLIC INFORMATION PLAN 624 The facility has suitable written policies and procedures for X the dissemination of information to the public, government agencies and news media. Title 15, CCR, Minimum Standards for Local Detention X Facilities is available for review by the public and inmates. Facility rules and procedures affecting inmates as specified in this section are available to the public and inmates. X 1046 DEATH IN CUSTODY 502 X Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the facility provides the Board of State and Community Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN 240 X The facility has a written classification plan designed to properly assign inmates to housing units and activities. Includes receiving screening performed at intake by trained 240.5 X personnel. Includes maintenance of a record of each inmate's Housing Assignments are listed on the classification level, housing restrictions and housing “Custody Report” and “Classification Form” X assignments. 3720 Newport Beach City Jail I/06/07/2018 - 4 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1051 COMMUNICABLE DISEASES 403 By practice, inmates with communicable There are written policies and procedures specifying those X disease inmate will not be housed. symptoms that require segregation of an inmate until a medical evaluation can be completed. An inquiry is made to determine if the inmate has or has had 401.1 any communicable diseases, or has observable symptoms of communicable diseases, including but not limited to X tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or screening Electronically maintained in the Jail device. X Management System. 1052 MENTALLY DISORDERED INMATES 404 Mentally Disordered inmates will not be housed There are written policies and procedures for the X in the facility. identification and evaluation of all mentally disordered inmates. An evaluation by health care staff occurs within 24 hours of identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety of X the inmate or others. There are provisions for transfer of such inmates to a medical facility for diagnosis, treatment, and evaluation of such suspected mental disorder, pursuant to Section 1209, X Title 15, CCR. 1053 ADMINISTRATIVE SEGREGATION 240.4 By practice, these types of inmates will be There are written policies and procedures, which provide for transported to the county jail. administrative segregation of inmates who are determined to X be prone to: escape; assault staff or other inmates; disrupt operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting inmates X and staff. 1055 USE OF SAFETY CELL 241 The safety cell, specified in Title 24, Part 2, Section 1231 X 2.5, is used only to hold inmates who display behavior that results in the destruction of property or reveals an intent to cause physical harm to self or others. There are written policies and procedures, written by the facility administrator in cooperation with the responsible X physician, governing safety cell use. Safety cells are not used for punishment or as a substitute for X treatment. Placement requires the approval of the facility manager or X watch commander, or a designated physician. There are written procedures that assure necessary nutrition X and fluids are administered. 3720 Newport Beach City Jail I/06/07/2018 - 5 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Inmates are allowed to retain sufficient clothing, or are 241 (c) provided with a “safety garment” to provide for personal X privacy unless risks to the inmate's safety or facility security are documented. Direct visual observation is conducted at least twice every 107 & 241 (b) with documentation on a “Safety 30 minutes and is documented. X Cell Log.” Reviewed several observation logs; all within the time frame. Continued retention of inmate is reviewed a minimum of Placement is limited to 1 hour in Safety Cell 1 every eight hours by the facility manager or watch X and 8 hours in Safety Cell 2. commander, or a designated physician. A medical assessment is secured within 12 hours of placement in this cell or at the next daily sick call, whichever X is earliest, and medical clearance for continued retention is secured every 24 hours thereafter. A mental health opinion on placement and retention is secured within 24 hours of placement. X 242 1056 USE OF SOBERING CELL The sobering cell, specified in Title 24, Part 2, Section 1231 X 2.4 is used only for holding inmates who are a threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures. Intermittent direct visual observation of inmates in sobering 107 & 242 cells conducted no less than every half hour and is Reviewed several observation logs; all checks X documented. within the time frame. An evaluation by a medical staff person or by custody staff, pursuant to written medical procedures in accordance with X Section 1213 of these regulations, occurs whenever any inmate is retained in a sobering cell for more than six hours. Such inmates are removed from the sobering cell when they are able to continue with processing. X 1057 DEVELOPMENTALLY DISABLED 404 INMATES Developmentally disabled persons are not X housed at this facility. There are written procedures for identification and evaluation of all developmentally disabled inmates. A contact to the regional center occurs within 24 hours when an inmate is suspected or confirmed to be developmentally X disabled. 1058 USE OF RESTRAINT DEVICES 243 Restraint devices have not been used during this There are written policies and procedures for the use of X inspection cycle. restraint devices that include: acceptable restraint devices; X signs or symptoms which should result in immediate X medical/mental health referral; availability of CPR equipment; X protective housing of restrained persons; X provisions for hydration and sanitation needs; and X 3720 Newport Beach City Jail I/06/07/2018 - 6 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS exercising of extremities. X Restraints are used only to hold inmates who display behavior that results in the destruction of property or reveals X an intent to cause physical harm to self or others. Restraints are not used as discipline or as a substitute for X treatment. Inmates are placed in restraints only with approval of the facility manager, watch commander, or the designated X physician. All inmates in restraints are housed alone or in a specified X area for restrained inmates. Direct visual observation is conducted and documented at X least twice every 30 minutes. Continued retention in such restraints is reviewed every two X hours. A medical opinion on placement and retention shall be If restraints are used placement, per policy, is secured as soon as possible but no later than four hours from X limited to 4 hours. the time of placement. Medical review for continued retention in restraint devices X occurs at a minimum of every six hours. A mental health consultation is secured as soon as possible, but no later than eight hours from the time of placement. X 1059 USE OF REASONABLE FORCE TO 260 Policy prohibits the use of force to obtain COLLECT DNA SPECIMENS, SAMPLES, samples. IMPRESSIONS Rest of section is deleted. Policy and procedures describe the use of reasonable force to X collect blood specimens, salvia samples, or thumb/palm print impressions from individuals who are required to provide such and refuse written or oral requests to do so. Policies and procedures address: Note: Reference PC § 296 1062 VISITING 247.1 X Facility administrator has developed and implemented written policies and procedures for inmate visiting. Sentenced inmates are allowed at least two visits totaling at 710 X least one hour per week. Visitation procedures include provisions for visitation by On-site Barrier X minor children of the inmate. The plan includes a schedule that assures non-sentenced detainees will be afforded a visit no later than the calendar X day following arrest. Types and availability of visitation, including: X Note: Reference PC § 6031.1 (June 2017) Mode of visitation; X On-site barrier Visitation hours; X Saturday and Sunday1300-1500 hrs. Time inmates are allowed for visitation; and, X Two visits, totaling at least one hour. Any restrictions on inmate visitation. No persons under eighteen years unless in the X company of a parent, guardian or spouse. 3720 Newport Beach City Jail I/06/07/2018 - 7 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1063 CORRESPONDENCE 608 The facility administrator has developed written policies and X procedures for inmate correspondence. The policy and procedures provide that: There is no limitation placed on the volume of mail an X inmate may send or receive. Correspondence may be read where there is a valid security X reason and the facility manager or designee approves. Jail staff does not review inmate correspondence to or from state and federal courts, any member of the State Bar or holder of public office, and the Board of State and X Community Corrections; however, jail staff may open and inspect such mail only to search for contraband, cash, checks, or money orders in the presence of the inmate. Confidential correspondence with the facility administrator X and/or manager is permitted. Inmates without funds are permitted at least two postage- X paid letters each week to family and friends. Inmates without funds are permitted unlimited postage-paid correspondence with his/her attorney and the courts. X 1065 EXERCISE AND RECREATION 231.1 & 600 Tables games are available upon request. X Table games and/or television are available to inmates. 1066 BOOKS, NEWSPAPERS, AND 231.1 & 600 PERIODICALS, AND WRITINGS Books and games are available upon request. There is a written plan to make available a daily newspaper X in general circulation, including a non-English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE There are written policies and procedures that allow X reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS There are written policies and procedures to ensure that X inmates have access to the courts. Such access shall consist of the following: Unlimited mail as provided in Section 1063(f) of these 608 X regulations. Confidential consultation with attorneys. 247.2 X 1069 INMATE ORIENTATION 231 There are written policies and procedures for the X implementation of a program reasonably understandable to non-sentenced inmates to orient a newly received inmate at the time of placement in a living area. 3720 Newport Beach City Jail I/06/07/2018 - 8 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS The program shall be published. X The program shall include, but not be limited to: X Verified. Rules and disciplinary proceedings; X Visiting rules; X Availability of personal care items; X Availability of reading and recreational materials; X and, Medical/mental health procedures; and, X Voting, including registration. 715 X 1071 VOTING (Applicable to sentenced inmate workers.) 601.4 Facilities holding sentenced inmate workers have written policies and procedures whereby the county registrar allows X qualified voters to vote in local, state, and federal elections pursuant to the elections code. 1072 RELIGIOUS OBSERVANCES 605 There are written policies and procedures to provide X opportunities for inmates to participate in religious services, practices, and counseling on a voluntary basis. 1073 INMATE GRIEVANCE PROCEDURE No grievance during this cycle. (Applicable to facilities having inmate workers and/or prisoners who are held for “safekeeping.”) X Any inmate may appeal and resolve grievances relating to any condition of confinement. There are written policies and procedures that include: A grievance form or instructions for registering a X grievance. Resolution at lowest appropriate staff level. X Provisions for resolving questions of jurisdiction within X the facility. Provisions for appeal to next level of review. X Written reasons for denial at each level of review. X Provisions for response in a reasonable time limit. X 1081 PLAN FOR INMATE DISCIPLINE (WA) 231.1 & 606 Discipline is not administered at this facility. There are written policies and procedures for inmate discipline. (This may be waived by written policy stating X that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 3720 Newport Beach City Jail I/06/07/2018 - 9 - A352 Type I PRO eff. v-1 09/2012.dot) x DETENTION OF MINORS YES NO N/A Are minors held in this facility? Minors may be securely or non-securely detained in two lockable holding rooms If YES, then the core requirements of the Juvenile Justice separated from the secure portion of the and Delinquency Prevention Act (JJDPA) and the X facility. No secure detentions have occurred provisions of Title 15, Article 9, Minors in Detention in a during this inspection cycle Law Enforcement Facility apply and will be inspected for. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. Reference: WIC 206 & 207 Number of violations:0 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles may not be confined or detained in any facility in which they have contact with adult prisoners. X Reference: WIC 208 Number of violations:0 42 USC 5633 SECTION 223(a)(13) JAIL REMOVAL (SIX-HOUR HOLD EXCEPTION) During the previous calendar year, minors are securely X detained for a period not to exceed six hours. Number of violations:0 Reference: WIC 207.1(d)1(B) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1142 WRITTEN POLICIES AND PROCEDURES X Written policies and procedures concerning minors held in temporary custody address: suicide risk and prevention; X 405 use of restraints; X 318 emergency medical assistance and services; and, X 409 prohibiting use of discipline. 307 X 1143 CARE OF MINORS IN TEMPORARY 315 & 316 CUSTODY X The following are made available to all minors held in temporary custody: access to toilets and washing facilities; 3720 Newport Beach City Jail I/06/07/2018 - 10 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS one snack upon request during term of temporary custody if the minor has not eaten within the past (4) X hours or is otherwise in need of nourishment; access to drinking water; X privacy during consultations with family, guardian, or X lawyer; blankets and clothing, as necessary, to assure the X comfort of the minor; and, his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is X required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 307 ADULT PRISONERS Policy revised prior to inspection. Policies and procedures ensure that there is no physical or X sustained sight or sound contact between juveniles and adults confined in the facility. Reference: WIC 208 In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, X side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY Minors are held in secure custody in a law enforcement facility only if the minor is in custody for an offense X described by WIC § 602, is at least 14 years of age, and presents a serious security risk of harm to self or others. Reference: WIC 207.1 (d) 1 Factors to be considered when determining if the minor presents a serious security risk to self or others are: age, maturity and delinquent history; severity of offense for which taken into custody; minor’s behavior; availability of X staff to provide adequate supervision or protection of the minor; and, age, type and number of other individuals detained at the facility. 1146 CONDITIONS OF SECURE CUSTODY While in secure custody, a minor may be locked in a room or other secure enclosure, secured to a cuffing rail, or otherwise X reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 315 CUSTODY INSIDE A LOCKED ENCLOSURE X Minors must receive adequate supervision which includes: Constant auditory access to staff by the minor; and, 3720 Newport Beach City Jail I/06/07/2018 - 11 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS documented, safety checks are conducted by staff at least once every 30 minutes. X Reference: WIC 207.1(d)1(E) Males and females are not placed in the same locked room unless they are under constant direct visual X observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 314 CUSTODY OUTSIDE OF A LOCKED ENCLOSURE X Minors held in secure custody outside of a locked enclosure are not secured to a stationary object for more than 60 minutes unless no locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor’s safety X while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter is approved by a X supervisor and documented. The decision to secure a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter is X based on the best interests of the minor. 1150 SUPERVISION OF MINORS IN NON- SECURE CUSTODY X Minors held in non-secure custody receive constant direct visual observation by staff of the law enforcement facility. Monitoring a minor using audio, video, or other electronic X devices does not replace direct visual observation. Entry and release times are documented and available for review. X 1151 MINORS UNDER THE INFLUENCE OF ANY 410 INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and X procedures providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance by any substance, to the extent that they are unable to care for themselves. Supervision includes safety checks at least once every 15 minutes until resolution of the intoxicated state, with the X actual time of each personal observation documented. 3720 Newport Beach City Jail I/06/07/2018 - 12 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 408 MINOR IN AN ADULT DETENTION FACILITY There are policies and procedures for notifying the court and X the parent, guardian or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death or a minor in custody. 3720 Newport Beach City Jail I/06/07/2018 - 13 - A352 Type I PRO eff. v-1 09/2012.dot) PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT TYPE I, II, III AND IV FACILITIES APPLICABLE REGULATIONS: PRE-73; 4/73 Title 24, California Code of Regulations (CCR) BSCC Code: 3720 FACILITY NAME: Newport Beach City Jail FACILITY TYPE: IJ APPLICABLE REGULATIONS (Check All That Apply): PRE-73: X Post 4/73: OTHER: 1991 FIELD REPRESENTATIVE: Michael Bush DATE: 06/07/2018 ARTICLE/SECTION YES NO N/A COMMENTS Holding Cells (2.2) X Contain 10 square feet of floor per inmate Capacity not to exceed ten (10) persons X 4-73: Capacity limitation deleted Sufficient fixed benches to accommodate cell capacity X Toilet accessible X Water fountain accessible X Wash basin accessible X 3.12 Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Sobering Cells (2.4) X Limited to no more than 15 inmates 4-73: Capacity limited to 16 inmates Contain 15 square feet of floor per inmate X Contain toilet Larger sobering cell contains both a combo unit 4-73: 1:8 ratio X and 4’ urinal trough; smaller cell with combo unit only. Contain washbasin X 4-73: 1:8 ratio Contain drinking fountain X Adequate visual observation Door view panel small. Both sobering cells have X supplemental panel in wall. Padding recommended Padded floors in both 4-73: Padding required X Shower-Delousing Room (3.4) X Available in booking/reception 3720 Newport Beach PD IJ PHY;06/07/2018 - 1 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Single Occupancy Cells (2.6) No cells of this type in the facility. The remainder X of the regulation was deleted from this checklist. Maximum capacity of one inmate. Multiple Occupancy Cells (8227) Female housing cell (double-occupancy) falls under 1991 standards, and meets physical plant X standards. Other cells A-C and inmate worker A capacity of more than 2 persons housing call under 1963 multiple occupancy cell 4-73: Capacity between 4-16 inmates requirements. A minimum of 500 cubic feet of air space per inmate X 4-73: Minimum of 25 square feet floor space per inmate Toilet and washbasin X 4-73: 1:8 ratio Drinking fountain X Contain a bunk capable of accommodating a standard 30" X Variance granted 10-06-75 76" mattress X Safety Cells (2.5) X Designed to house one person A minimum width of 6 feet, length of 7.5 feet and height of 8 feet X 4-73: Minimum 6 foot width; length and height of 8 feet Equipped with flush ring toilet (flush with floor) One cell with toilet and one without. The cell X without toilet facilities was granted a variance for 1-hour placements (9-12-78). Equipped with solid security door and view panel X View panels small and high. Padded floor, door and walls X 4-73: Illumination provided by variable intensity light X fixture operable from outside the cell. Dormitory (2.8) No cells of this type in the facility. The remainder of the regulation was deleted from this checklist. X Capacity of 4-50 inmates 4-73: Capacity limitation deleted Showers (3.4) X 4-73: Available at 1:16 ratio Lighting (3.6) X 4-73: Sufficient to permit easy reading 4-73: Night lighting is sufficient to allow good supervision Not inspected. X 3720 Newport Beach PD IJ PHY;06/07/2018 - 2 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Comfortable Living Environment (102(c)6 4-73: A comfortable living environment is maintained X through an adequate heating and cooling system Dayrooms (2.9) Available for inmates in single cells, multiple cells and dormitories X 4-73: 25 square feet dayroom space per inmate in Type II and III facilities and inmate workers in Type I Exercise Area (2.10) Type I facility Available in Type II and III facilities X 4-73: Minimum of 30 feet X 50 feet X 15 feet Program Space -Type II and III (2.11) Type I facility Available in Type II and III facilities X 4-73: Sufficient area and furnishing s to meet needs Dining Facilities (2.17) Inmates eat in cells; dayrooms 15 square feet per person served (in facilities for 100 persons or more) X 4-73: Toilets, washbasins and showers are not in the same room or not in view of inmates dining Visiting (2.18) X Visiting area 4-73: Contact visits are permitted in minimum security X facilities Attorney Interview Space (2.26) X Provide for confidential attorney consultation Janitor Closet (2.20) X Located in security areas, lockable, containing a mop sink Storage Space (2.21) X Adequate space available Audio or Video Monitoring System (2.22) Video in corridors, male sobering, and both safety cells (not in female sobering). Audio in all cells. Located in all inmate housing units and capable of alerting X Monitored from the Jail control and watch commander offices, audio systems are “open-mic” staff in a central control style. 3720 Newport Beach PD IJ PHY;06/07/2018 - 3 - A380 PHY Type P73&4-73.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Fire Alarm System [102(2)6] Recommended in Pre-73 facilities X 4-73: Automatic fire alarm system is required Emergency Power (2.24) Recommended in Pre-73 facilities X 4-73: Required; to provide minimal lighting, communication s and alarm systems 3720 Newport Beach PD IJ PHY;06/07/2018 - 4 - A380 PHY Type P73&4-73.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS- BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3720 FACILITY: Newport Beach City Jail TYPE: IJ RC: 27 FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/07/2018 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Booking - 2 - - - 4.5’ x 9.0’ - - - - - Enclosure Notes: Narrow fenced spaces next to booking office; no seating. 1 – 3 Holding 1963 3 - (2) (8) 4.3’ x 7.3’ - - - - - Notes: 4’ bench in each cell; #3 used for storage this inspection cycle. RC recalculated this cycle and seating determined to limit capacity to 2 versus 3 per cell. RC changed during 2000-2002 cycle inspection. Sobering 1963 1 - (11) (11) 10’ x 17.6’ 1 1 1 1 - Notes: Used as male detox/sobering cell; audio monitor always on in cell; contains urinal trough (4’); padded floor and padded partitions (x2); combo unit w/ fountain; video monitor in cell. View ports are small. Safety 1963 2 - (1) (1) 5.8’ x 7.5’ x 10’ * - - - - Notes: One safety cell has a flush-mounted toilet, one does not; variance granted for one hour use of cell w/o toilet; video and audio monitoring in both; previously both cells did not have toilets but one was remodeled in 1997 and the toilet added. The department is contemplating a remodel of the safety cell without toilet facilities in order to add a flush mounted unit. View panels small and high. Male Housing A – C Multiple 1963 3 7 7 21 18’ x 19’ x 10’ 1 - 1 1 * Notes: Units consist of two cells each, linear style; with central dayroom; picnic-style bench in dayroom and shower; one cell has 1 single bunk and 1 double bunk; the other cell has two-double bunks. Cell dimensions approx. 8.7’ x 9.9’ x 10’. Cells have barred fronts, knock-out holes in bunks and vents with large openings. Phone in dayrooms. Trusty Multiple 1963 2 2 2 4+ 7.6’ x 10’ 1 - 1 1 * Notes: Total area = 20 x 14.8; shared dayroom space has shower, weight equipment, t.v. and games Female housing Sobering 1963 1 - 3 (3) 5.4’ x 8.8’ x 8.7’ 1 - 1 1 - Notes: The cell has a combo unit and can be monitored auditorily. Door view port is small, and there is a second observation window in the wall. Department contemplating converting another space into a second female detoxification/sobering cell or expanding this cell. Double 1991 1 2 2 2 8.9’ x 9.5’ x 9.8’ 1 - 1 1 1 Notes: Phone in cell; pan beds with knock-out holes and modest screen mounted on post; intercom (ceiling mounted) – “open mic” style. View port is small and high. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 3720 Newport Beach PD IJ LAS;06/07/2018 - 1 - A360 LAS Adult.dot (9/98)