Orange County, Santa Ana Police Department (2018-2020 inspection cycle)

December 10, 2020 Dave Valentine, Chief of Police Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 95701 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Valentine: As you are aware, The Board of State and Community Corrections (BSCC) is statutory required to inspect all Local detention facility’s biennial for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations, per Penal Code Section 6031 and for Welfare and Institutions Code (WIC) Section 209. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation your agency provided. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report is enclosed and consists of this transmittal letter and the Procedures Checklist outlining applicable Title 15 sections. Local Inspection In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. There were no noncompliance issues as it relates to the fire inspection or the county health inspection. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. We found no items of noncompliance. 3765 Orange Santa Ana I LTR 18-20 Dave Valentine, Chief of Police Page 2 Please refer to the Procedures Checklist for detailed information. Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodel project concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). Secure and nonsecure youth are not held in the jail. They are detained in interview room on the 2nd floor of the police department. CORRECTIVE ACTION PLAN No areas of noncompliance were noted, and no corrective action is needed. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC remain committed to be a resource to your agency regarding your custodial questions or concerns. If you have any questions, or concerns, please contact our office at any time. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Santa Ana* City Manager, City of Santa Ana* Presiding Judge, Superior Court, County of Orange* Grand Jury Foreperson, Superior Court, County of Orange* Jose Cruz, Sergeant, Santa Ana Police Department *Copies of the report are located on BSCC website 3765 Orange Santa Ana I LTR 18-20 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: FACILITY NAME: Santa Ana Police Department FACILITY TYPE: I PERSON(S) INTERVIEWED: Sergeant Jose Cruz FIELD REPRESENTATIVE: Michael J. Bush DATE: 6/17/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 1.05 Administrative Policies, Procedures & Management (a) In addition to the provisions of California Penal Code Section 831.5, all custodial personnel of a Type I, II, III, or III. Training Division Responsibilities IV facility shall successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title C. Training Division Commander ☒ ☐ ☐ 15, CCR, within one year from the date of assignment. Compliance with training sections 1020, 1023 and 1025 is based, in part, upon the most recent annual Standards and Training for Corrections (STC) compliance review. The agency is in compliance. (b) Custodial Personnel who have successfully completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 3765 Orange Santa Ana 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 Order # 1.08 Administrative Policies, Procedures & Management. In-Service Training. 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 1.15 I B Compliance with this section is predicated on A sufficient number of personnel shall be employed in each the ability of staff to complete and document at local detention facility to ensure the implementation and ☒ ☐ ☐ least hourly inmate safety checks in addition to operation of the programs and activities required by these ensuring the implementation and operation of regulations. all programs and activities required by these regulations. Whenever there is an inmate in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which 1.15 I D 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 Whenever female inmates are confined in the shall be at least one female employee who shall be Santa Ana Jail, there shall be an immediately available and accessible to such females. ☒ ☐ ☐ appropriately trained female custodial person Note: Reference PC§ 4021. assigned, available, and accessible for their supervision. To determine if there is a sufficient number of personnel for 1.15 Scheduling a specific facility, the facility administrator shall prepare and I. Minimum Staffing levels for operational retain a staffing plan indicating the personnel assigned in the shifts. 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 5.10 Safety Checks Safety checks shall be conducted at least hourly through I. Inmate Safety 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 Will review during next inspection cycle. ☒ ☐ ☐ routine safety checks. 1028 1028 FIRE AND LIFE SAFETY STAFF Cover in 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. The facility manager shall ensure that there is at least one All new hires are trained accordingly. person on duty who is trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 3765 Orange Santa Ana I PRO 18-20 - 2 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 3 Policy sections cited are in the Santa Ana Police Department Custody Division Policies and Procedures, unless noted otherwise. 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 01.03 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 5.02 Use of Force (4) Policy on the use of restraint equipment, including the 5.03 Restraint devices restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 2.05 Citation and PC 849(b) releases inmates for release per Penal Code sections 849(b)(2) and 2.09 Detention Release Officer ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: 3.01 Inmate Headcounts & Welfare Checks ☒ ☐ ☐ 5.10 Safety Checks (A) physical counts of inmates, ☒ ☐ ☐ 5.01 Inmate Searches (B) searches of the facility and inmates, ☒ ☐ ☐ 3.01 Inmate Headcounts & Welfare Checks (C) contraband control, and, ☒ ☐ ☐ 5.09 Contraband Control (D) key control. ☒ ☐ ☐ 5.04 Key Control & Inventory 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: 5.11 Emergency Procedures (A) fire suppression preplan as required by section ☒ ☐ ☐ 5.13 Emergency Procedures-Fires 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; 5.22 Emergency Procedures-Escapes 5.19 Emergency Procedures-Disturbances & ☒ ☐ ☐ Demonstrations 5.21 Emergency Procedures-Hostages (C) mass arrests; ☒ ☐ ☐ (D) natural disasters; ☒ ☐ ☐ (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3765 Orange Santa Ana 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 (F) storage, issue, and use of weapons, ammunition, 05.14 Emergency Procedures - Chemical Spills chemical agents, and related security devices. 5.24 Deployment of Oleoresin Capsicum Spray ☒ ☐ ☐ Canister 5.25 Deployment of Air Taser (8) Suicide Prevention. ☒ ☐ ☐ 6.10 Suicide Prevention & Intervention (9) Segregation of Inmates. 2.04 Classification, Re-Classification & ☒ ☐ ☐ Housing Procedures (10) Zero tolerance in the prevention of sexual abuse and 6.09 sexual harassment. ☐ ☐ ☐ Santa Ana Jail (SAJ) maintains a zero-tolerance policy for all forms of sexual abuse or assault. (11) Policy and procedure to detect, prevent, and respond A. All staff (employees, volunteers, and to retaliation against any staff or inmate after reporting contractors) is responsible for being alert to ☒ ☐ ☐ any abuse. signs of potential sexual abuse or assault, and to situations in which sexual assaults might occur. (e) The manual for Temporary Holding, Court Holding, A. Inmate/detainee Reporting Requirements Type I, II, III, and IV facilities shall provide for, but not be 1. Inmate/detainees shall be encouraged to limited to, the following: promptly report signs or incidents of sexual (1) multiple internal ways for inmates to privately report abuse and assault, and may not be punished for sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ reporting. However, the inmate/detainee may inmates or staff for reporting sexual abuse and sexual submit the grievance regarding the allegation of harassment, and staff neglect or violation of sexual abuse at any time, regardless of when responsibilities that may have contributed to such the incident is alleged to have occurred. incidents, (2) a method for uninvolved inmates, family, B. Inmate/detainee Reporting Procedures community members, and other interested third-parties d. Reports to family members, friends, or other to report sexual abuse or sexual harassment. The outside entities method for reporting shall be publicly posted at the e. Reports to an individual or organization facility. ☒ ☐ ☐ outside the facility who can contact facility staff i. If an inmate or detainee declines to have third-party assistance in filing a grievance alleging sexual abuse, the decision shall be documented in the inmate/detainee’s file. 1030 SUICIDE PREVENTION PROGRAM 6.10 The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct All staff shall be trained to recognize signs and contact with inmates. situations potentially indicating a suicide risk. Staff will act to prevent suicides with appropriate sensitivity, supervision, and ☒ ☐ ☐ referrals. Inmates/detainees identified as being at risk of attempting suicide shall be evaluated and will be provided mental health services as appropriate. (b) Intake screening for suicide risk immediately upon Observed risk factors or statements from the intake and prior to housing assignment. ☒ ☐ ☐ inmate/detainee shall be documented on the medical/mental pre-screening form. (c)Provisions facilitating communication among arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ mental health personnel in relation to suicide risk. 3765 Orange Santa Ana 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 (d) Housing recommendations for inmates at risk of suicide. H. The Classification Officer interviews all inmates/detainees scheduled for housing. The Classification Officer attempts to determine if an inmate/detainee has any suicidal tendencies ☒ ☐ ☐ based on the information obtained. 1. The Classification Officer with Supervisor approval may place an inmate/detainee on a “Behavioral Observation” status by completing a narrative entry in JMS. (e) Supervision depending on level of suicide risk. 2. If a potential risk is identified, medical staff shall be called to assess the inmate/detainee to determine if a mental health evaluation is needed. 3. Medical staff shall advise the Shift ☒ ☐ ☐ Supervisor if the inmate/detainee needs to be placed on suicide watch status. Suicide watch denotes an inmate/detainee with potential suicidal tendencies. (f) Suicide attempt and suicide intervention policies and 4. The Booking Officer should seat the procedures. inmate/detainee in an area where they may be easily observed. 5. If placed in a cell, the inmate/detainee will be visually checked no less than once every 15 ☒ ☐ ☐ minutes 9staggered checks). Document checks on the Suicide Risk/Suicide Watch log. 6. Advise the Classification Officer of any inmates/detainees who are placed on suicide watch or suicide risk. (g) Provisions for reporting suicides and suicides attempts. F. Medical staff will assess contract agency inmates/detainees who demonstrate suicidal tendencies. Medical staff coordinates with the Shift Supervisor to determine if the ☒ ☐ ☐ inmate/detainee is acceptable for booking. If their condition cannot be stabilized or accommodated with available medical care, the Shift Supervisor may medically reject the inmate. (h) Multi-disciplinary administrative review of suicides and B. Medical staff or the Shift Supervisor may attempted suicides as defined by the facility request that the Psychological Assessment Team administrator. (PAT) respond to evaluate Santa Ana arrestees ☒ ☐ ☐ charged with misdemeanor citable offenses. Check the shift command reference manual for current PAT contact information. 1032 FIRE SUPPRESSION PREPLANNING Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); 3765 Orange Santa Ana 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 (b) regular fire prevention inspections by facility staff on a monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ (e) a plan for the emergency housing of inmates in the case of ☒ ☐ ☐ fire. 1040 POPULATION ACCOUNTING Housing units are U.S Marshal inmates. Each facility administrator shall maintain an inmate For the past 2-3 yrs. the facility has been demographics accounting system which reflects the monthly operating as temporary holding, local inmates average daily population of sentenced and non-sentenced ☒ ☐ ☐ up to 2-4 hours, depending on the sobriety. inmates by categories of male, female and juvenile. Just recently facility have housed local inmates. Will start re-submitting monthly jail profile survey. Facility administrators shall provide the BSCC with applicable inmate demographic information as described in ☒ ☐ ☐ the Jail Profile Survey. 1041 INMATE RECORDS 8.18 File Assembly I. Section C. (a) Each facility administrator of a Type I, II, III or IV And facility shall develop written policies and procedures for the 1.13 Administrative Files & Operational maintenance of individual inmate records which shall ☒ ☐ ☐ Paperwork include, but not be limited to, intake information, personal I. Inmate Records section A property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its inmates. The data ☒ ☐ ☐ collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1) (federal survey on sexual violence). 1044 INCIDENT REPORTS .13 Administrative Files & Operational Paperwork Each facility administrator shall develop written policies and II. Incident Reports procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons 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 1.13 Administrative Files & Operational to investigate the incident and submitted to the facility ☒ ☐ ☐ Paperwork manager or his/her designee. III A2 (by end of shift) 3765 Orange Santa Ana 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 1045 PUBLIC INFORMATION PLAN 1.19 Public Information Plan Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the ☒ ☐ ☐ dissemination of information to the public, to other government agencies, and to the news media. The public and inmates shall have available for review the following material: (a) The State Corrections Standards Authority Minimum Available on the web for public. Inmates can Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ receive upon request. of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan 1.19 Public Information Plan ☒ ☐ ☐ 1.19 supplemental (2) 1061, Inmate Education Plan ☒ ☐ ☐ Public Information Manual (3) 1062, Visiting ☒ ☐ ☐ Public Information Manual (4) 1063, Correspondence ☒ ☐ ☐ 1.19.5 (5) 1064, Library Service ☒ ☐ ☐ Public Information Manual (6) 1065, Exercise and Recreation ☒ ☐ ☐ 1.19.6 (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ Public Information Manual (8) 1067, Access to Telephone ☒ ☐ ☐ Public Information Manual (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ Public Information Manual (10) 1069, Inmate Orientation ☒ ☐ ☐ 1.19 2 (11) 1070, Individual/Family Service Programs ☒ ☐ ☐ 1.19.3 (12) 1071, Voting ☒ ☐ ☐ 1.19.4 (13) 1072, Religious Observance ☒ ☐ ☐ Public Information Manual (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ 1.19.9 (15) 1080, Rules and Disciplinary Penalties ☒ ☐ ☐ 1.19.8 (16) 1081, Plan for Inmate Discipline ☒ ☐ ☐ 1.19.8 (17) 1082, Forms of Discipline ☒ ☐ ☐ 1.19.8 (18) 1083, Limitations on Discipline ☒ ☐ ☐ 1.19.8 (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ 1.19.7 1046 DEATH IN CUSTODY 5.08 In Custody Death Section VIII. Post Incident Review (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 5.08 In Custody Death clinical care; whether changes to policies, procedures, or Section VI. Reporting Notification ☒ ☐ ☐ practices are warranted; and to identify issues that require Paragraph B. further study. 3765 Orange Santa Ana 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 (b) Death of a Minor 2.04 Classification, Re-Classification and In any case in which a minor dies while detained in a jail, Housing Procedures lockup, or court holding facility: ☒ ☐ ☒ Minors are not housed or detained in the facility. (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☒ ☐ ☒ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☒ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 2.04 Classification, Re-Classification and Housing Procedures (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written A sampling of intake classification screenings classification plan designed to properly assign inmates to was reviewed. 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 2.02 Medical Mental Pre-screening and implement a classification system which will include the I. Initial Intake Pre-Screening 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 I. Classification Procedure Section A for male or female inmates, and in making other housing and 2.04 Classification, Re-Classification and programming assignments, the agency shall consider on a Housing Procedures case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 3765 Orange Santa Ana 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 1051 COMMUNICABLE DISEASES 1.12 Exposures to Vermin, Blood & Airborne Pathogens The facility administrator, in cooperation with the I. Identifying Inmates w/ Communicable responsible physician, shall develop written policies and ☒ ☐ ☐ Diseases Section C. procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be I. Identifying Inmates w/ Communicable made of the person being booked as to whether or not he/she Diseases 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 6.11 Developmentally Disabled & Mentally Disordered Inmates The facility administrator, in cooperation with the Policy: “A mental health assessment shall be ☒ ☐ ☐ responsible physician, shall develop written policies and conducted within 24 hours” procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not I. Identifying Developmentally Disabled or readily available, an inmate shall be considered mentally Mentally Disordered Inmates disordered for the purpose of this section if he or she appears Section E. Paragraph 3. to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 3.04 Special Management Module Purpose Except in Type IV facilities, each facility administrator shall I. Definition and Unit operating guidelines develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 3.04 Special Management Module secure housing but shall not involve any other deprivation of I. Definition and Unit operating guidelines privileges than is necessary to obtain the objective of ☒ ☐ ☐ A. section 4. protecting the inmates and staff. 3765 Orange Santa Ana I PRO 18-20 - 9 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL This type of cell is not available in this facility. The safety cell described in Title 24, Part 2, Section The remainder of this regulation was deleted ☒ ☐ ☐ 1231.2.5, shall be used to hold only those inmates who from this checklist. display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL 2.03 Booking Officers shall place arrestees who are The sobering cell described in Title 24, Part 2, Section intoxicated from alcohol or drugs to a point that 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ they appear to present a threat to themselves or threat to their own safety or the safety of others due to their others in a sobering cell until they are suitable state of intoxication and pursuant to written policies and for further processing. procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they Medical staff shall conduct a medical evaluation are able to continue in the processing. prior to removing the inmate from a sobering ☒ ☐ ☐ cell. The removal time shall be annotated on the log. In no case shall an inmate remain in a sobering cell over six 2.03 hours without an evaluation by a medical staff person or an A. The Correctional Officer placing the inmate evaluation by custody staff, pursuant to written medical in the sobering cell is responsible for notifying procedures in accordance with section 1213 of these medical staff and requesting an evaluation. regulations, to determine whether the prisoner has an urgent 1. The name of the medical staff notified, and medical problem. ☒ ☐ ☐ date and time of notification shall be annotated on the Detoxification Cell Log and the Medical/Mental Pre-Screening form. 2. Medical staff shall complete the appropriate areas on both forms. At 12 hours from the time of placement, all inmates will F. Medical staff shall complete an initial receive an evaluation by responsible health care staff. medical evaluation within 15 minutes of placement into a sobering cell. Medical staff will note all evaluations directly on the ☒ ☐ ☐ Detoxification Cell log. G. Inmates and detainees shall not remain in a sobering cell over six hours without an evaluation by medical staff to determine whether the inmate has an urgent medical problem Intermittent direct visual observation of inmates held in the 2.03 D 1Sobering Cell sobering cell shall be conducted no less than every half hour. Staggered welfare checks for inmates placed in Such observation shall be documented. a sobering cell must be completed every 30 minutes. Staggered welfare checks shall be ☒ ☐ ☐ completed for all detainees and restrained inmates every 15 minutes. All welfare checks shall be documented on the daily log and may consist of the following: 1057 DEVELOPMENTALLY DISABLED 6.11 Developed Mentally Disabled & Mentally INMATES Disordered Inmates 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. 3765 Orange Santa Ana 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 The health authority or designee shall contact the regional 6.11 Developed Mentally Disabled & Mentally center on any inmate suspected or confirmed to be Disordered Inmates developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ I. Section D. and/or treatment within 24 hours of such determination, II. Shift Supervisor notifies the excluding holidays and weekends. Psychiatric Assessment Team (PAT) 1058 USE OF RESTRAINT DEVICES 5.03 Restraint Devices Purpose The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this 5.03 Restraint Devices regulation, at a minimum, the policy shall address the A. Correctional Officers have the option of following areas: utilizing one, or a combination of the following acceptable restraint devices; restraint devices: ☒ ☐ ☐ 1. Restraint Chair. 2. Soft restraint devices (such as Wolf Strap soft restraints). 4. Body Wrap. 5. Chest security strap3. Ankle or wrist cuffs. signs or symptoms which should result in immediate 5.03 Restraint Devices medical/mental health referral; III. Safety Checks, Reviews and Evaluations ☒ ☐ ☐ II. Application of Restraints Section E. availability of cardiopulmonary resuscitation equipment; 5.03 Restraint Devices ☒ ☐ ☐ II. Application of Restraints section A. protective housing of restrained persons; 5.03 Restraint Devices ☒ ☐ ☐ II. Application of Restraints Section E. provision for hydration and sanitation needs; and ☒ ☐ ☐ exercising of extremities. 1. Officers will allow inmate to alternately exercise their extremities every 2 hours, unless the inmate is physically combative and threatening to harm staff or himself. The Shift Supervisor must be advised if there is a decision to extend the 2-hour limit due to ☒ ☐ ☐ officer safety concerns. If the supervisor determines the risk is minimal, restraints may be loosened temporarily to enable range of motion of the arms and legs for blood circulation purposes. In no case shall restraints be used for punishment or as a Restraints will never be used as a form of ☒ ☐ ☐ substitute for treatment. discipline or as a substitute for treatment. Restraint devices shall only be used on inmates who display Correctional Officers shall apply restraint behavior which results in the destruction of property or devices when an inmate displays combative, reveal an intent to cause physical harm to self or others. violent, destructive, self-destructive or bizarre Restraint devices include any devices which immobilize an behavior that threatens the safety of the inmate's extremities and/or prevent the inmate from being inmate(s), staff or jail property. Restraints ☒ ☐ ☐ ambulatory. should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. 3765 Orange Santa Ana 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 Inmates shall be placed in restraints only with the approval III. Safety Checks, Reviews and Evaluations. of the facility manager, the facility watch commander, D. The Shift Supervisor conducts a review responsible health care staff; continued retention shall be ☒ ☐ ☐ every hour to determine if the inmate should reviewed a minimum of every hour. remain restrained. A medical opinion on placement and retention shall be A. Correctional Officers will notify the Shift secured within one hour from the time of placement. Supervisor or a Correctional Supervisor of their intent to apply a restraint device. The Shift Supervisor or designee must approve the ☒ ☐ ☐ application of the restraint device. Once the inmate is secured, an immediate medical evaluation shall be completed to ensure that the inmates’ behavior is not due to a possible medical condition. A medical assessment shall be completed within four hours Medical staff shall be notified immediately of placement. whenever an inmate is placed in restraints and ☒ ☐ ☐ shall respond to evaluate the inmate as soon as safety considerations allow, but no later than 4 hours after placement in the restraint. If the facility manager, or designee, in consultation with A. The following will be completed when responsible health care staff determines that an inmate removing an inmate from restraints: cannot be safely removed from restraints after eight hours, 1. Obtain a verbal commitment for compliant the inmate shall be taken to a medical facility for further behavior from the inmate. evaluation. ☒ ☐ ☐ 2. Offer and if necessary, provide appropriate medical attention. 3. Request a medical evaluation prior to removal. Direct visual observation shall be conducted at least twice III. Safety Checks, Reviews and Evaluations every thirty minutes to ensure that the restraints are properly A. All safety checks, medical evaluations, employed, and to ensure the safety and well-being of the supervisory reviews, mental health evaluations, inmate. Such observation shall be documented. extremity exercise periods, water or toilet ☒ ☐ ☐ requests, and any other significant event shall be annotated on the Restraint Log. B. Correctional Officers are responsible for conducting visual checks of restrained inmates at least every 15 minutes. While in restraint devices all inmates shall be housed alone E. Restrained inmates must be kept separate or in a specified housing area for restrained inmates which from all other inmates unless an officer is makes provisions to protect the inmate from abuse. immediately present. ☒ ☐ ☐ 1. Any cell may be used; however, a sobering cell enables officers to maintain improved observation of restrained inmates. 3765 Orange Santa Ana I PRO 18-20 - 12 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The provisions of this section do not apply to the use of B. Metal handcuff, ankle cuffs, and waist handcuffs, shackles or other restraint devices when used to chains may only be used on a temporary, restrain inmates for security reasons. emergency basis until the restraints above can be applied. C. Use of any of the following restraint techniques is prohibited: 1. Any restraint or any other device placed around the neck including chains and other mechanical restraints. ☒ ☐ ☐ 2. Corporal punishment techniques such as the use of: a. Strait jackets. b. Gags. c. Thumbscrews. d. Shower-baths. e. Any trice method (i.e. lashing or securing with a rope). 1058.5 RESTRAINTS AND PREGNANT INMATES 05.03 Restraint Devices p3 The facility administrator, in cooperation with the 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 shall include reference to the following: (1) An inmate known to be pregnant or in recovery after 05.03 Restraint Devices p3 delivery shall not be restrained by the use of leg irons, waist ☒ ☐ ☐ chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in 05.03 Restraint Devices p3 recovery after delivery, shall not be restrained by the wrists, ☒ ☐ ☐ ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is 05.03 Restraint Devices p3 currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or ☒ ☐ ☐ recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall 05.03 Restraint Devices p3 be advised, orally or in writing, of the standards and policies ☒ ☐ ☐ governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO Will not force blood. COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS Remainder of section is deleted. (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including ☒ ☐ ☐ peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. 3765 Orange Santa Ana I PRO 18-20 - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1062 VISITING 6.05 Visitation (a) The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for inmate visiting which shall provide for as many visits and visitors as facility schedules, space, and number of personnel will allow. (b) In Type I facilities, the facility administrator shall 6.05 Visitation develop and implement written policies and procedures to III. Public Visitation Section A 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; Non-contact Visitation hours; Monday-Friday 10:00am-12:00pm 2:00pm-5:00pm 7:00pm-9:00pm Saturday-Sunday 8:00am-12:00pm 2:00pm-5:00pm Time inmates are allowed for visitation; and, Inmates are allowed two one-hour visits per week with a limit of 5 visitors per inmate, 3765 Orange Santa Ana I PRO 18-20 - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Any restrictions on inmate visitation. A. Access to visitation may be denied by Correctional Records staff for any of the following reasons: 1. Not presenting an appropriate form of identification. 2. Violation of dress code. (Visit may be approved after the visitor has taken corrective measures to comply with the dress code). 3. Visitation prohibited by Court Order. 4. Written directive from a Supervisor, Manager or Chief of Security. B. Visitation may be interrupted or terminated with supervisory approval for the following reasons: 1. Inappropriate behavior. 2. Violation of visitation rules. 3. Violation of staff directives. 1063 CORRESPONDENCE 6.07 Correspondence ☒ ☐ ☐ The facility administrator shall develop written policies and procedures for inmate correspondence which provide that: (a) there is no limitation on the volume of mail that an inmate ☒ ☐ ☐ may send or receive; (b) inmate correspondence may be read when there is a A. Mail may not be processed or scanned in valid security reason and the facility manager or his/her any area accessible to inmates or detainees. This ☒ ☐ ☐ designee approves; includes dayrooms, multipurpose rooms, booking area and the laundry room. (c) jail staff shall not review inmate correspondence to or B. Inmates are legally entitled to confidentially from state and federal courts, any member of the State Bar correspond with the following individuals or or holder of public office, and the State Board of State and government: Community Corrections; however, jail authorities may 1. State or Federal Courts open and inspect such mail only to search for contraband, 2. Members of the State Bar or Attorneys of cash, checks, or money orders and in the presence of the Record inmate; 3. Holders of Public Office ☒ ☐ ☐ 4. Corrections Standards Authority Board Members 5. Jail Managers or the Jail Administrator 6. Government agencies handling their case (Immigration and Customs Enforcement, United States Marshal, State Parole, Probation, etc.) 7. The media. (d) inmates may correspond, confidentially, with the ☒ ☐ ☐ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted E. Indigent Inmate Mail at least two postage paid envelopes and two sheets of paper 1. The inmate is considered indigent if the each week to permit correspondence with family members amount in their account is less than$10.00 and and friends but without limitation on the number of postage there is no history of receiving funds on a paid envelopes and sheets of paper to his or her attorney routine basis. and to the courts. ☒ ☐ ☐ 2. Legal correspondence is free and unlimited. Writing paper and envelopes shall be provided upon request. a. Standard or large sized manila envelopes may be used. 3765 Orange Santa Ana I PRO 18-20 - 15 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1065 EXERCISE AND RECREATION 3.05 Dayroom & Recreation Yard Activities ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make table games and/or television available to inmates. 1066 BOOKS, NEWSPAPERS, PERIODICALS, 3.05 Dayroom & Recreation Yard Activities AND WRITINGS III. Recreation Yard (b) The facility administrator of a Type I facility shall ☒ ☐ ☐ develop and implement a written plan to make available a daily newspaper in general circulation, including a non- English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE Phones are in each housing unit. The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL 6.05 IV A 1 b The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. Contact rooms available on the 2nd floor. Non- ☒ ☐ ☐ contact rooms available on some pods. 1069 INMATE ORIENTATION 6.01 Orientation (b) In Type I facilities, the facility administrator shall develop written policies and procedures for a program ☒ ☐ ☐ reasonably understandable to non-sentenced detainees to orient an inmate at the time of placement in a living area. Such a program shall be published and include, but not be limited to, the following: (1) rules and disciplinary procedures; ☒ ☐ ☐ (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 6.08 Voting The facility administrator of a Type I (holding sentenced inmate workers) II, III or IV facility shall develop written ☒ ☐ ☐ policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES 6.12 Educational, Religious & Counseling Programs The facility administrator of a Type I, II, III or IV facility III. Religious Programs ☒ ☐ ☐ shall develop written policies and procedures to provide opportunities for inmates to participate in religious services, practices and counseling on a voluntary basis. 3765 Orange Santa Ana I PRO 18-20 - 16 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1073 INMATE GRIEVANCE PROCEDURE 6.03 Grievance and Request Procedures Applicable to Type I facilities holding sentenced workers. Sampling of grievances were reviewed during this inspection and found in compliance with regulation requirements. (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 6.03 Grievance and Request Procedures ☒ ☐ ☐ grievance; II. Grievance Form Completion and Routing (2) resolution of the grievance at the lowest appropriate 6.03 Grievance and Request Procedures ☒ ☐ ☐ staff level; I. section B (3) appeal to the next level of review; 6.03 Grievance and Request Procedures ☒ ☐ ☐ II. section E (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 6.02 Discipline, Rules and Regulations If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply 6.01 Orientation and affirmatively, and posted conspicuously in housing units ☒ ☐ ☐ Purpose and the booking area or issued to each inmate upon booking. Posted For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☒ ☐ ☐ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE Each facility administrator shall develop written policies and ☒ ☐ ☐ procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: 3765 Orange Santa Ana I PRO 18-20 - 17 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) Temporary Loss of Privileges: For minor acts of non- 7.12 Grievance Hearing Officer conformance or minor violations of facility rules, staff may Inmate Discipline and related duties impose a temporary loss of privileges, such as access to ☒ ☐ ☐ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or 7.15 Module Officer repetitive minor acts of non-conformance or repetitive minor Section H. violations of facility rules shall be reported in writing by the ☒ ☐ ☐ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. 7.12 Grievance Hearing Officer ☒ ☐ ☐ Inmate Discipline and related duties Section O 2. Placement in disciplinary separation. ☒ ☐ ☐ 6.02 I F 3. Disciplinary separation diet. ☒ ☐ ☐ 4. Loss of privileges mandated by regulations. ☒ ☐ ☐ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☒ ☐ ☐ consequences. Staff shall not participate in disciplinary review if they are ☒ ☐ ☐ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☒ ☐ ☐ timeframes: 1. A copy of the report, and/or a separate written notice ☒ ☐ ☐ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☒ ☐ ☐ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☒ ☐ ☐ access to staff or inmate assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☒ ☐ ☐ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☒ ☐ ☐ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by the fact-finders about the evidence relied on and the ☒ ☐ ☐ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☒ ☐ ☐ supervisor on all disciplinary action. 3765 Orange Santa Ana I PRO 18-20 - 18 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☒ ☐ ☐ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☒ ☐ ☐ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE 6.02 Discipline, Rules and Regulations The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☒ ☐ ☐ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY 6.02 I G ACTIONS The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☒ ☐ ☐ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the ☒ ☐ ☐ facility manager or designee during each 24-hour period. 3765 Orange Santa Ana I PRO 18-20 - 19 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other inmate or group of inmates (Penal Code section 4019.5) ☒ ☐ ☐ (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary purposes. ☒ ☐ ☐ (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☒ ☐ ☐ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☒ ☐ ☐ 6.02 I B (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☒ ☐ ☐ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial ☒ ☐ ☐ placement on the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the 6.02 I B facility manager shall approve any continuation on ☒ ☐ ☐ that diet every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except 6.02 I G in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☒ ☐ ☐ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☒ ☐ ☐ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Local inmates will not receive discipline. Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? Youth are not held in the 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) 3765 Orange Santa Ana I PRO 18-20 - 20 - A352 Type 1 PRO eff. 1/2019 (18-20).dot The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☐ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 3765 Orange Santa Ana I PRO 18-20 - 21 - A352 Type 1 PRO eff. 1/2019 (18-20).dot