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

December 10, 2020 John Lewis, Chief of Police Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Lewis: 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 complete BSCC inspection report is enclosed and consists of this transmittal letter; the Procedures Checklist outlining applicable Title 15 sections; the Physical Plant Evaluation outlining Title 24 requirements for design; and the Living Area Space Evaluation that summarizes the detention facility’s physical plant configuration, 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 no items of noncompliance. Please refer to the Procedures Checklist for detailed information. 3720 Orange Newport Beach PD I LTR 18-20 John Lewis, Chief of Police Page 2 Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodel projects concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). Secure youth are held in a locked room adjacent to the jail facility. Nonsecure youth are held in the police reporting writing room. No area of noncompliance was noted. CORRECTIVE ACTION PLAN No areas of noncompliance were noted, and no corrective action is needed. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC 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 Newport* City Manager, City of Newport * Presiding Judge, Superior Court, County of Orange* Grand Jury Foreperson, Superior Court, County of Orange* Timothy Stewart, Custody Supervisor, Newport Beach Police Department *Copies of the report are located on BSCC website 3720 Orange Newport Beach PD I LTR 18-20 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:3720 FACILITY NAME: Newport Beach Police Department City Jail TYPE: I PERSON(S) INTERVIEWED: Custody Supervisor Timothy Stewart FIELD REPRESENTATIVE: Michael J. Bush DATE: JUNE 5, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 109.1 The Newport Beach Police Department is a (a) In addition to the provisions of California Penal Code Standards and Training for Corrections (STC) Section 831.5, all custodial personnel of a Type I, II, III, or participating agency. Compliance with sections IV facility shall successfully complete the “Corrections related to training (with the exception of 1021) ☒ ☐ ☐ Officer Core Course” as described in Section 179 of Title is determined by an annual audit of training 15, CCR, within one year from the date of assignment. records. The most recent audit found the agency in compliance with training requirements (b) Custodial Personnel who have successfully completed 109.1 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 109.2 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 Due to the COIVD 19 CRISIS, the new jail shall also be required to complete either the STC supervisor training is postponed until August Supervisory Course (as described in Section 181, Title 15, ☐ ☐ ☐ 2020. CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING 109.3 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. 3720 Orange Newport Beach I PRO 18-20 - 1 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING 109.4 With the exception of any year that a core training module is successfully completed, all facility/system administrators, ☒ ☐ ☐ managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 1027 NUMBER OF PERSONNEL 106 In addition to the implementation and operation A sufficient number of personnel shall be employed in each of all programs and activities required by the local detention facility to ensure the implementation and regulations, another predicator for compliance ☒ ☐ ☐ operation of the programs and activities required by these with this section is the availability of staff to regulations. complete and document at least hourly safety checks. Whenever there is an inmate in custody, there shall be at 106 least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which 106 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 107 shall be at least one female employee who shall be 106 immediately available and accessible to such females. Whenever there is a female in custody the Note: Reference PC§ 4021. department will turn to their Matron staff, who have received 8 hours of jail training. However, Penal Code 4021 states that there ☒ ☐ ☐ must be “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. 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 241 Safety checks shall be conducted at least hourly through Policy requires documentation of hourly checks ☒ ☐ ☐ direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 1028 FIRE AND LIFE SAFETY STAFF 620.2 This occurs during core training. 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. 3720 Orange Newport Beach I PRO 18-20 - 2 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager shall ensure that there is at least one 620.2 person on duty who is trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 3 625, 625.2 Newport Beach Detention Manual Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 Departmental Operation Manual (4) Policy on the use of restraint equipment, including the restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 254 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ 619 (B) searches of the facility and inmates, ☒ ☐ ☐ 618.2 (C) contraband control, and, ☒ ☐ ☐ 618.2 (D) key control. ☒ ☐ ☐ 615 Each facility administrator shall, at least annually, review, 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: (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 619, 620, 620.1, 620.2 (C) mass arrests; ☒ ☐ ☐ 619 (D) natural disasters; ☒ ☐ ☐ 619 (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 619 (F) storage, issue, and use of weapons, ammunition, ☒ ☐ ☐ 616 chemical agents, and related security devices. 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3720 Orange Newport Beach I PRO 18-20 - 3 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Suicide Prevention. ☒ ☐ ☐ 405 (9) Segregation of Inmates. ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual abuse and 261 ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☒ ☐ ☐ 261 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 ☒ ☐ ☐ 261 – 261.9 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, 261 – 261.9 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 405 Intake screening. The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, Mentally disordered arrestees are not held in this ☒ ☐ ☐ in conjunction with the health authority and mental health facility. director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct 405 ☐ ☐ ☒ contact with inmates. (b) Intake screening for suicide risk immediately upon 405 ☐ ☐ ☒ intake and prior to housing assignment. (c)Provisions facilitating communication among 405 arresting/transporting officers, facility staff, medical and ☐ ☐ ☒ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☐ ☐ ☒ 405 (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ 405 (f) Suicide attempt and suicide intervention policies and 405 ☐ ☐ ☒ procedures. (g) Provisions for reporting suicides and suicides attempts. ☐ ☐ ☒ 405 (h) Multi-disciplinary administrative review of suicides and 405 attempted suicides as defined by the facility ☐ ☐ ☒ administrator. 1032 FIRE SUPPRESSION PREPLANNING 620.2 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 620.2 A, B, C, D department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); 3720 Orange Newport Beach I PRO 18-20 - 4 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) regular fire prevention inspections by facility staff on a 620.2 monthly basis with two-year retention of the inspection ☒ ☐ ☐ Performed by the Custody Supervisor. record; Verified. (c) fire prevention inspections as required by Health and 620.2 Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Conducted 8/27/2019. inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ 620.2 (e) a plan for the emergency housing of inmates in the case of 620.2 ☒ ☐ ☐ fire. 1040 POPULATION ACCOUNTING Supervisor provides jail profile survey. 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 230 – 231 It shall be the responsibility of the Technical (a) Each facility administrator of a Type I, II, III or IV Services Bureau to maintain the following facility shall develop written policies and procedures for the records on all persons who have been committed maintenance of individual inmate records which shall or assigned to this detention center. ☒ ☐ ☐ 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, 261 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 503 Incident reports generally serve as an in-house Each facility administrator shall develop written policies and documentation of occurrences in the detention procedures for the maintenance of written records and ☒ ☐ ☐ center. 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 503 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 503 to investigate the incident and submitted to the facility ☒ ☐ ☐ Report is completed prior to the end of shift. manager or his/her designee. 1045 PUBLIC INFORMATION PLAN 624 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: 3720 Orange Newport Beach I PRO 18-20 - 5 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) The State Corrections Standards Authority Minimum 624 Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as 231 ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ (2) 1061, Inmate Education Plan ☐ ☐ ☒ (3) 1062, Visiting ☒ ☐ ☐ 231 (4) 1063, Correspondence ☒ ☐ ☐ 231 / 600 (5) 1064, Library Service ☒ ☐ ☐ 231 (6) 1065, Exercise and Recreation ☒ ☐ ☐ 231 (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ 231 / 600 (8) 1067, Access to Telephone ☒ ☐ ☐ 231 (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ 231 (10) 1069, Inmate Orientation ☒ ☐ ☐ 231 (11) 1070, Individual/Family Service Programs ☒ ☐ ☐ 231 (12) 1071, Voting ☒ ☐ ☐ 715 (13) 1072, Religious Observance ☒ ☐ ☐ 601.4 (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ 231 / 605 (15) 1080, Rules and Disciplinary Penalties ☐ ☐ ☒ Discipline will not occur (16) 1081, Plan for Inmate Discipline ☐ ☐ ☒ (17) 1082, Forms of Discipline ☐ ☐ ☒ (18) 1083, Limitations on Discipline ☐ ☐ ☒ (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ 231 1046 DEATH IN CUSTODY 500 (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 ☒ ☐ ☐ 502 practices are warranted; and to identify issues that require further study. (b) Death of a Minor 502 In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: (1) The administrator of the facility shall provide to the 502 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. 3720 Orange Newport Beach I PRO 18-20 - 6 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) Upon receipt of a report of death of a minor from the 502 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. 1050 CLASSIFICATION PLAN 240 Newly admitted inmates should be separated (a) Each administrator of a temporary holding, Type I, II, or according to the facility’s classification plan. 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 240 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 240 for male or female inmates, and in making other housing and Housing Assignments are listed on the “Custody programming assignments, the agency shall consider on a Report” and “Classification Form” case-by-case basis whether a placement would ensure the inmate's health and safety, and whether the placement would Any arrestee identified as being at a high risk for present management or security problems. An inmate's own ☒ ☐ ☐ sexual victimization shall be provided with views with respect to his or her own safety shall be given heightened protection. This may include serious consideration. continuous, direct sight and sound supervision, single cell housing or placement in a cell that is actively monitored on video by a member who is available to immediately intervene. 1051 COMMUNICABLE DISEASES 403 Communicable disease inmates will not be The facility administrator, in cooperation with the housed in the facility. responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. 3720 Orange Newport Beach I PRO 18-20 - 7 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be 403 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. 1052 MENTALLY DISORDERED INMATES 406 Mentally Disordered inmates will not be The facility administrator, in cooperation with the housed in the facility. ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not 406 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 ☐ ☐ ☒ 406 the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 240.4 Inmates determined to be an escape risk, Except in Type IV facilities, each facility administrator shall assaultive, disruptive or who require protection develop written policies and procedures which provide for shall be transferred to the county jail. 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 240.4 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 241 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 241 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 241 ☒ ☐ ☐ a substitute for treatment. 3720 Orange Newport Beach I PRO 18-20 - 8 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An inmate shall be placed in a safety cell only with the 241 approval of the facility manager or designee, or responsible ☒ ☐ ☐ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum 241 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 241 ☒ ☐ ☐ retention every 24 hours thereafter. The facility manager, designee or responsible health care 241 staff shall obtain a mental health opinion/consultation with ☒ ☐ ☐ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice 241 ☒ ☐ ☐ every thirty minutes. Such observation shall be documented. Will review during the next physical inspection. Procedures shall be established to assure administration of 241 ☒ ☐ ☐ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be 241 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 242 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 242 ☒ ☐ ☐ are able to continue in the processing. In no case shall an inmate remain in a sobering cell over six 242 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 242 ☒ ☐ ☐ receive an evaluation by responsible health care staff. Intermittent direct visual observation of inmates held in the 242 sobering cell shall be conducted no less than every half hour. ☒ ☐ ☐ Will review during the next physical inspection. Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED 404 INMATES Policy exists, but will not be held in this facility. The facility administrator, in cooperation with the ☒ ☐ ☐ 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 404 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. 3720 Orange Newport Beach I PRO 18-20 - 9 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES 243 Policy exists, but restraint devices for this The facility administrator, in cooperation with the purpose are not used at this facility. responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices and may delegate Remainder of section is deleted. authority to place an inmate in restraints to a responsible health care staff. 1058.5 RESTRAINTS AND PREGNANT INMATES Known pregnant females will not be restrained. They will be transported to the county jail after The facility administrator, in cooperation with the booking. responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy Remainder of section is deleted. shall include reference to the following: 1059 USE OF REASONABLE FORCE TO 260 COLLECT DNA SPECIMENS, SAMPLES, Policy exists, but force is not used at this IMPRESSIONS facility. (a) Pursuant to Penal Code Section 298.1, authorized law Inmates who refuse DNA are charged with enforcement, custodial, or corrections personnel including Penal Code 296 and transported to Orange ☒ ☐ ☐ peace officers, may employ reasonable force to collect blood County Jail. 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 260 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 260 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 260 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, 260 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. 1062 VISITING 247 (a) The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for inmate visiting which shall provide for as many visits and visitors as facility schedules, space, and number of personnel will allow. 3720 Orange Newport Beach I PRO 18-20 - 10 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) In Type I facilities, the facility administrator shall develop and implement written policies and procedures to allow visiting for non-sentenced detainees. The policies and ☒ ☐ ☐ procedures will include a schedule to assure that non- sentenced detainees will be afforded a visit no later than the calendar day following arrest. (c) The visiting policies developed pursuant to this section shall include provision for visitation by minor children of the ☒ ☐ ☐ inmate. (d) Video visitation may be used to supplement existing 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; On-site barrier. Visitation hours; Saturday and Sunday1300-1500 hrs. Time inmates are allowed for visitation; and, Two visits, totaling at least one hour. Any restrictions on inmate visitation. No persons under eighteen years unless in the company of a parent, guardian or spouse. 1063 CORRESPONDENCE 608 Inmates may, at their own expense, send and The facility administrator shall develop written policies and receive mail without restrictions on quantity, procedures for inmate correspondence which provide that: ☒ ☐ ☐ provided it does not jeopardize the safety of members, visitors or other inmates, or pose an unreasonable disruption to the orderly operation of the Jail. (a) there is no limitation on the volume of mail that an inmate 608 ☒ ☐ ☐ may send or receive; (b) inmate correspondence may be read when there is a 608 valid security reason and the facility manager or his/her ☒ ☐ ☐ designee approves; (c) jail staff shall not review inmate correspondence to or 608 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 608 facility manager or the facility administrator; and, Inmates may correspond confidentially with ☒ ☐ ☐ courts, any member of the bar, officials of this department, elected officials, jail inspectors, government officials or officers of the court. 3720 Orange Newport Beach I PRO 18-20 - 11 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) those inmates who are without funds shall be permitted 608 at least two postage paid envelopes and two sheets of paper Indigent inmates shall receive an amount of each week to permit correspondence with family members pre-stamped envelopes and writing paper ☒ ☐ ☐ and friends but without limitation on the number of postage sufficient to maintain communication with paid envelopes and sheets of paper to his or her attorney courts and legal counsel department. and to the courts. 1065 EXERCISE AND RECREATION 600 ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make table games and/or television available to inmates. 1066 BOOKS, NEWSPAPERS, PERIODICALS, 600 AND WRITINGS Televisions, newspapers, table games and other items may also be made available to enhance (b) The facility administrator of a Type I facility shall recreation time. ☒ ☐ ☐ 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 600 Inmates in housing will be permitted reasonable The facility administrator shall develop written policies and access to public telephones at scheduled times ☒ ☐ ☐ procedures which allow reasonable access to a telephone for collect calls unless such access may cause beyond those telephone calls which are required by Section an unsafe situation for the detention center, 851.5 of the Penal Code. members or other inmates. 1068 ACCESS TO COURTS AND COUNSEL The facility administrator shall develop written policies and ☒ ☐ ☐ 600 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 600 ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 600 1069 INMATE ORIENTATION 625 / 231.1 Inmate orientation is placed on the back of their (b) In Type I facilities, the facility administrator shall booking form. 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; ☒ ☐ ☐ (2) visiting rules; ☒ ☐ ☐ (3) availability of personal care items, opportunities ☒ ☐ ☐ for personal hygiene; (4) availability of reading and recreational materials; ☒ ☐ ☐ and, (5) medical/mental health procedures. ☒ ☐ ☐ 1071 VOTING 715 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. 3720 Orange Newport Beach I PRO 18-20 - 12 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1072 RELIGIOUS OBSERVANCES 601.4 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 231 / 605 Applicable to Type I facilities holding sentenced workers. Any inmate may file a grievance relating to conditions of confinement. (a) Each administrator of a Type II, III, or IV facility and Type I facilities which hold inmate workers shall develop 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 606 If discipline is NOT administered, written policy should Discipline is not administered at this facility. 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. 3720 Orange Newport Beach I PRO 18-20 - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? Minors may be securely or non-securely detained in two lockable holding rooms, which is outside 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? 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 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; ☒ ☐ ☐ 405 (b) use of restraints; ☒ ☐ ☐ 318 (c) emergency medical assistance and services; and, ☒ ☐ ☐ 409 (d) prohibiting use of discipline. ☒ ☐ ☐ 307 1143 CARE OF MINORS IN TEMPORARY 315 & 316 CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ 3720 Orange Newport Beach 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 307 ADULT PRISONERS ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. 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 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, 3720 Orange Newport Beach 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 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 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 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 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. 3720 Orange Newport Beach 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 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. . 3720 Orange Newport Beach I PRO 18-20 - 17 - A352 Type 1 PRO eff. 1/2019 (18-20).dot