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

August 7, 2018 Joe Miller, Chief of Police Seal Beach Police Department 911 Seal Beach Blvd. Seal Beach, CA 90740 2016-2018 BIENNIAL INSPECTION 6031 PC & 209 WIC Dear Chief Miller: On April 5, 2018 the Board of State and Community Corrections staff conducted the biennial inspection of the Seal Beach City Jail. The facility was inspected for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuant to the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the secure detention of minors. The inspection consisted of a review of applicable policies and procedures governing the operation of the facility, staff interviews, a review of documentation to verify that your practices follow your written procedures, and a walk-through of the physical plant. I would like to thank Sergeant Dave Bar and Senior Community Service Officer Quion Juniel for assisting in the inspection, answering questions, clarifying procedural issues, providing supporting documentation and escorting me through the facility. The complete BSCC inspection report is enclosed and consists of: This transmittal letter; Inspection Cycle Information sheet identifying the facility and listing any areas of non-compliance; The Procedures Checklist outlining applicable Title 15 sections; The Physical Plant Evaluation outlining Title 24 requirements for design;1 and, The Living Area Space Evaluation summarizing the detention facility’s physical plant configuration. Local Inspections 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 the reports from the County Health Officer and the Orange County Fire Department for a comprehensive perspective of your facility. 1 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel to the jail area. 3775 Seal Beach City Jail IJ LTR; 0807/2018 Joe Miller, Chief of Police 2 | Pa ge Fire Inspection: Fire inspection was conducted on December 19, 2017. Fire clearance was granted with no deficiencies. Health Inspections: The local health authority is required to conduct annual inspections of all detention facilities and includes evaluation of medical and mental health services, nutritional requirements and environmental health standards. The dates of the latest inspection, any issues of non-compliance, and corrective action taken are listed below: Non-Compliance Health Inspection Date Corrective Action Issues Environmental 10/04/2017 None Not required. Medical/Mental 10/04/2017 None Not required. Health Nutrition 10/04/2017 None Not required. We encourage the practice of maintaining a permanent file for historical copies of all inspections. This file should be the first point of reference when preparing for all future inspections. BSCC Inspection Physical Plant: Completed in 1978, the Seal Beach City Jail is inspected as a Type I facility and evaluated using the 1973 and 1994 Physical Pant Standards. With a Rated Capacity of 18 and 30 actual beds, “two pay for- stay” inmates were in-custody at the time of the inspection. The jail was extremely clean and appeared well maintained. No issues of non-compliance with applicable physical plant standards were identified. Policies, Procedures and Practice: BSCC reviewed a subset of the agency’s policy manual specific to the facility operations and compared the contents against relevant regulations to ensure that each subject required by regulation was addressed in policy. We informed your staff that there is a recently updated version of Title 15 minimum standards and that the facility should go through the new standards to ensure that the facility will remain in compliance with their policy and procedures manual. Please review the enclosed policy and procedures checklist. We evaluated procedures at the facility and compared them against policy. Those evaluations included a review of documentation related to jail operations including security logs, shift schedules, local inspection results, classification documents, incident reports and other records which give insight to the facility’s operations. Special attention was given to those low-incidence but high-liability practices involving inebriates, high-risk inmates. BSCC sought to ensure that practices matched written procedures and that written documents reflected actual events. Lastly, BSCC interviewed staff to ensure that documented procedures were being performed according to policy. There were no non-compliance issues identified: Juvenile Inspection We reviewed policy, procedures, practice and supporting documentation related to the requirements of Title 15 Article 9 – Minors in Custody in a Law Enforcement Facility and WIC Section 207.1(d). Non- secure minors are held upstairs in the administration area. The department will not detain secure youth. There were no violations noted. 3775 Seal Beach City Jail IJ LTR; 08/07/207 Joe Miller, Chief of Police 3 | Pa ge This concludes our inspection report for the 2016-2018 inspection cycle. We would like to thank your officers for their involvement in the inspection process and for the hospitality and courtesy she extended during the inspection. If you should have any questions, please contact me at (916) 324-9861 or email at michael.bush@bscc.ca.gov. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Seal Beach* Chair, City Council, City of Seal Beach* Presiding Judge, Superior Court, County of Orange* Grand Jury Foreperson, Superior Court, County of Orange* Sergeant Dave Bar, Seal Beach Police Department *Copies of the complete inspection report are available upon request. 3775 Seal Beach City Jail IJ LTR; 08/07/207 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3775 FACILITY NAME: Seal Beach City Jail FACILITY TYPE: IJ PERSON(S) INTERVIEWED: Sergeant Dave Bar and Senior Community Service Officer Quion Juniel FIELD REPRESENTATIVE: Michael J. Bush DATE: 04/05/2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 900.08 In addition to provisions of Penal Code Section 831.5, all The Seal Beach Police Department is a custodial personnel have successfully completed the Standards and Training for Corrections (STC) “Corrections Officer Core Course” as described in Section participating agency. Compliance with 179 of Title 15, CCR within one year of assignment. X sections related to training (with the exception Custodial personnel may substitute 832.3 PC training and of 1021) is determined by an annual audit of the “Corrections Officer Basic Academy Supplemental Core training records. Course” as described in Section 180, Title 15, CCR as an alternative. 1021 JAIL SUPERVISORY TRAINING Police Officers serving as jail supervisors are required to attend the 56-hour supplemental (to X All supervisory custodial personnel have completed the STC POST) core course prior to assignment as or POST supervisory training within one year of assignment. supervisor. All supervisory custodial personnel have completed the “Corrections Officer Core Course” identified in Section 1020. (The intent is that core training be completed prior to X assuming supervisory responsibilities.) 1023 JAIL MANAGEMENT TRAINING All managers have completed the required training. All jail management personnel have completed either the X STC or the POST management course specified in Section 182, Title 15, CCR within one year of assignment. 1025 CONTINUING PROFESSIONAL TRAINING Agency stated that all relevant staff are current in recurring training. With the exception of any year that a core training module is successfully completed, all facility/system administrators, X managers, supervisors and custody personnel have successfully completed the annual required training specified in Section 184, Title 15, CCR. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 3775 Seal Beach City Jail IJ PRO; 04/05/2018 - 1 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1027 NUMBER OF PERSONNEL In addition to the implementation and operation of all programs and activities There are sufficient personnel on duty at all times (whenever required by the regulations, another predicator X there is an inmate in custody) to ensure the implementation for compliance with this section is the and operation of all programs and activities required by availability of staff to complete and document these regulations. at least hourly safety checks. There is a written plan that includes the documentation of 900.14 hourly safety checks. X Requires inspections not to exceed 30 minutes. Requires documentation on the facility log. Reasons for delay are noted on the log. There is at least one employee on duty at all times, who shall 900.04 be immediately available and accessible with the ability to X respond to any inmate in the event of an emergency. Whenever one or more female inmates are in custody, there 900.10 is at least one female employee immediately available and accessible. X If a female staff is not on duty female Note: Reference PC § 4021. prisoners will be transported to Huntington Beach PD or the Orange County Jail. A staffing plan is available which indicates personnel assigned and their duties. X 1028 1028 FIRE AND LIFE SAFETY STAFF 900.40.02 Whenever there is an inmate in custody, there is at least one X person on duty at all times who meets the BSCC training standards for general fire and life safety. There is at least one person on duty who trained in fire and 900.40.02 Simulated Fire Drills life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 3 There is a published manual of policies and procedures for X the facility that addresses applicable regulations and includes: Table of organization, including channels of 900.01 X communications; Inspections and operations reviews by the facility 900.14 X administrator/manager; Use of force; X 308 & 900.3.1.01 Use of restraint equipment, including the restraint of 902.08 pregnant inmates; X Note: Reference PC § 6030(f); Screening newly received inmates for release 903.03.07 X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: 900.02 X Physical counts of inmates; Searches of the facility; X 900.14.01 Searches of inmates; X 900.10, 900.21 & 903.02.02 Contraband control; and, X 900.14.01 Key control. X 900.18 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3775 Seal Beach City Jail IJ PRO; 04/05/2018 - 2 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS At least annually, the facility administrator reviews, In practice, this is an ongoing process. evaluates and documents internal and external security X measures. Emergency procedures, including: X 900.31 Escape; X 900.31 Disturbances; 900.41 X Taking of hostages; 900.19 & 900.31 X Civil disturbance; 900.42 X Natural disasters; 900.36 X Periodic testing of emergency equipment; 900.36 Storage, issue and use of weapons, ammunition, X 901.04 & 901.06.01 chemical agents; and, X 902.01 Storage, issue and use of security devices. X Hard copy and intranet. Suicide prevention; and, Segregation of inmates. X The manual is available to all employees. X The manual is comprehensively reviewed and updated at least every two years. X 1032 FIRE SUPPRESSION PREPLANNING 900.40 There is a fire suppression pre-plan that has been developed in X consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff 900.14 with a two-year retention of the inspection record; X This is accomplished twice daily at shift change. Fire prevention inspections at least once every two years; Conducted 12/19/2017. Fire clearance Note: Reference Health and Safety Code Section X granted. 13146.1(a) and (b); An evacuation plan; and, X 900.40.01 A plan for the emergency housing of inmates in the event The Orange County Jail would be used in this of a fire. X event. 1040 POPULATION ACCOUNTING The facility maintains an inmate demographics accounting X system, which reflects the monthly average daily population of sentenced and unsentenced inmates by categories of male, female, and juvenile. The Jail Profile Survey information is provided to the BSCC. Verified. X 1041 INMATE RECORDS 900.11 There are written policies and procedures for the Records are kept on the facility’s JIM system. maintenance of individual inmate records which include intake information, personal property receipts, commitment Reviewed 10 samples of inmate’s records and X papers, court orders, reports of disciplinary action taken, verified all information was present. medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. 3775 Seal Beach City Jail IJ PRO; 04/05/2018 - 3 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1044 INCIDENT REPORTS 900.12 There are written policies and procedures for the Reviewed 10 incident reports. maintenance of written records and reporting of all incidents X that result in physical harm, or serious threat of physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and submitted Reports are due at the end of shift. to the facility manager or his/her designee. X 1045 PUBLIC INFORMATION PLAN 900.13 The facility has suitable written policies and procedures for X the dissemination of information to the public, government agencies and news media. Title 15, CCR, Minimum Standards for Local Detention Available upon request. X Facilities is available for review by the public and inmates. Facility rules and procedures affecting inmates as specified Rules are distributed at orientation. in this section are available to the public and inmates. X 1046 DEATH IN CUSTODY 901.06 X Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the facility provides the Board of State and Community Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN 902.01 X The facility has a written classification plan designed to properly assign inmates to housing units and activities. Includes receiving screening performed at intake by trained All staff receive training during the academy. X personnel. Includes maintenance of a record of each inmate's Verified by inspection. classification level, housing restrictions and housing X assignments. 1051 COMMUNICABLE DISEASES 901.02 There are written policies and procedures specifying those X Will not be detained at the facility. symptoms that require segregation of an inmate until a medical evaluation can be completed. An inquiry is made to determine if the inmate has or has had 901.02 any communicable diseases, or has observable symptoms of communicable diseases, including but not limited to X tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. 3775 Seal Beach City Jail IJ PRO; 04/05/2018 - 4 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Inmate's response is noted on booking form and/or screening Orange County medical screening form. device. X 1052 MENTALLY DISORDERED INMATES 901.04.01 There are written policies and procedures for the X identification and evaluation of all mentally disordered inmates. An evaluation by health care staff occurs within 24 hours of Inmates would be transported to Orange identification or at the next daily sick call, whichever is X County Jail or other appropriate Facility. earliest. Segregation may be used if necessary to protect the safety of X the inmate or others. There are provisions for transfer of such inmates to a medical facility for diagnosis, treatment, and evaluation of such suspected mental disorder, pursuant to Section 1209, X Title 15, CCR. 1053 ADMINISTRATIVE SEGREGATION 901.04.06 There are written policies and procedures, which provide for Inmates would be transported to Orange administrative segregation of inmates who are determined to X County Jail or other appropriate Facility. be prone to: escape; assault staff or other inmates; disrupt operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting inmates X and staff. 1055 USE OF SAFETY CELL 902.07 No Safety Cell The safety cell, specified in Title 24, Part 2, Section 1231 Xx 2.5, is used only to hold inmates who display behavior that The remainder of the text of this regulation has results in the destruction of property or reveals an intent to been deleted. cause physical harm to self or others. 902.06 1056 USE OF SOBERING CELL Females are transported to Huntington Beach The sobering cell, specified in Title 24, Part 2, Section 1231 X PD if the single sobering cell is occupied by a 2.4 is used only for holding inmates who are a threat to their male. own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures. Intermittent direct visual observation of inmates in sobering 902.06 cells conducted no less than every half hour and is X documented. Requires checks “every 15 minutes or less.” 10 sobering cell placements were reviewed. An evaluation by a medical staff person or by custody staff, Requires a medical staff person evaluation. pursuant to written medical procedures in accordance with X Section 1213 of these regulations, occurs whenever any inmate is retained in a sobering cell for more than six hours. Such inmates are removed from the sobering cell when they are able to continue with processing. X 3775 Seal Beach City Jail IJ PRO; 04/05/2018 - 5 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1057 DEVELOPMENTALLY DISABLED 902.05 INMATES X Will not be detained. There are written procedures for identification and evaluation of all developmentally disabled inmates. A contact to the regional center occurs within 24 hours when an inmate is suspected or confirmed to be developmentally X disabled. 1058 USE OF RESTRAINT DEVICES 902.08.01 – Restraints Chair There are written policies and procedures for the use of X Restraints for this purpose have not been used restraint devices that include: during this inspection cycle. Compliance based upon policy elements only. acceptable restraint devices; X signs or symptoms which should result in immediate X medical/mental health referral; availability of CPR equipment; X protective housing of restrained persons; X provisions for hydration and sanitation needs; and X exercising of extremities. X Restraints are used only to hold inmates who display behavior that results in the destruction of property or reveals X an intent to cause physical harm to self or others. Restraints are not used as discipline or as a substitute for X treatment. Inmates are placed in restraints only with approval of the facility manager, watch commander, or the designated X physician. All inmates in restraints are housed alone or in a specified X area for restrained inmates. Direct visual observation is conducted and documented at X least twice every 30 minutes. Continued retention in such restraints is reviewed every two X hours. A medical opinion on placement and retention shall be secured as soon as possible but no later than four hours from X the time of placement. Medical review for continued retention in restraint devices Policy limits placement to four hours. X occurs at a minimum of every six hours. A mental health consultation is secured as soon as possible, but no later than eight hours from the time of placement. X 1059 USE OF REASONABLE FORCE TO 900.32.06 COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS Will produce a warrant to collect blood sample. Policy and procedures describe the use of reasonable force to X collect blood specimens, salvia samples, or thumb/palm print impressions from individuals who are required to provide such and refuse written or oral requests to do so. Policies and procedures address: Note: Reference PC § 296 3775 Seal Beach City Jail IJ PRO; 04/05/2018 - 6 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS The use of reasonable force is preceded by documented efforts to secure voluntary compliance, including advisement of the legal obligation to provide the X specimen, sample or impression and the consequences of failing to do so. Facility watch commander authorization is obtained X prior to use of reasonable force. If the use of reasonable force includes cell extraction, the extraction is audio and videotaped and retained by X the department, as required by statute. 1062 VISITING 900.24 X Facility administrator has developed and implemented written policies and procedures for inmate visiting. Sentenced inmates are allowed at least two visits totaling at X least one hour per week. Visitation procedures include provisions for visitation by X minor children of the inmate. The plan includes a schedule that assures non-sentenced detainees will be afforded a visit no later than the calendar X day following arrest. Types and availability of visitation, including: X Note: Reference PC § 6031.1 (June 2017) Mode of visitation; Outside in the recreation area. Visitation hours; 1:00 pm to 3:00 pm Weds - Sat Time inmates are allowed for visitation; and, 1 hour each. Any restrictions on inmate visitation. Precluded visitors are individuals on parole/probation, convicted felons, individuals with no identification. 1063 CORRESPONDENCE 900.25 The facility administrator has developed written policies and X procedures for inmate correspondence. The policy and procedures provide that: There is no limitation placed on the volume of mail an X inmate may send or receive. Correspondence may be read where there is a valid security X reason and the facility manager or designee approves. Jail staff does not review inmate correspondence to or from state and federal courts, any member of the State Bar or holder of public office, and the Board of State and X Community Corrections; however, jail staff may open and inspect such mail only to search for contraband, cash, checks, or money orders in the presence of the inmate. Confidential correspondence with the facility administrator X and/or manager is permitted. Inmates without funds are permitted at least two postage- X paid letters each week to family and friends. Inmates without funds are permitted unlimited postage-paid correspondence with his/her attorney and the courts. X 3775 Seal Beach City Jail IJ PRO; 04/05/2018 - 7 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1065 EXERCISE AND RECREATION 900.29 X Table games and/or television are available to inmates. Tables games, television and rec yard are available. 1066 BOOKS, NEWSPAPERS, AND 900.29 PERIODICALS, AND WRITINGS There is a written plan to make available a daily newspaper X in general circulation, including a non-English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE 900.26.01 There are written policies and procedures that allow X reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS There are written policies and procedures to ensure that X inmates have access to the courts. Such access shall consist of the following: Unlimited mail as provided in Section 1063(f) of these 900.25 X regulations. Confidential consultation with attorneys. 900.24.04 X 1069 INMATE ORIENTATION 902.01 There are written policies and procedures for the Each inmate will receive an “inmate X implementation of a program reasonably understandable to handbook” which contain the facility’s rules. non-sentenced inmates to orient a newly received inmate at the time of placement in a living area. The program shall be published. X Elements verified. The program shall include, but not be limited to: X Rules and disciplinary proceedings; X Visiting rules; X Availability of personal care items; X Availability of reading and recreational materials; X and, Medical/mental health procedures; and, X Voting, including registration. X 1071 VOTING (Applicable to sentenced inmate workers.) 900.27 Facilities holding sentenced inmate workers have written policies and procedures whereby the county registrar allows X qualified voters to vote in local, state, and federal elections pursuant to the elections code. 3775 Seal Beach City Jail IJ PRO; 04/05/2018 - 8 - A352 Type I PRO eff. v-1 09/2012.dot) TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1072 RELIGIOUS OBSERVANCES 900.28 There are written policies and procedures to provide X opportunities for inmates to participate in religious services, practices, and counseling on a voluntary basis. 1073 INMATE GRIEVANCE PROCEDURE 904.02 (Applicable to facilities having inmate workers and/or prisoners who are held for “safekeeping.”) X Any inmate may appeal and resolve grievances relating to any condition of confinement. There are written policies and procedures that include: A grievance form or instructions for registering a Grievance forms are available upon request. grievance. X There were no grievances to review during this cycle. Resolution at lowest appropriate staff level. X Provisions for resolving questions of jurisdiction within X the facility. Provisions for appeal to next level of review. X Written reasons for denial at each level of review. X Provisions for response in a reasonable time limit. 72 hours. X 1081 PLAN FOR INMATE DISCIPLINE (WA) 904.03 There are written policies and procedures for inmate Discipline is not administered in this facility. discipline. (This may be waived by written policy stating X that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 3775 Seal Beach City Jail IJ PRO; 04/05/2018 - 9 - A352 Type I PRO eff. v-1 09/2012.dot) x DETENTION OF MINORS YES NO N/A Are minors held in this facility? Minors are not held in the facility. If YES, then the core requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the X provisions of Title 15, Article 9, Minors in Detention in a Law Enforcement Facility apply and will be inspected for. 3775 Seal Beach City Jail IJ PRO; 04/05/2018 - 10 - A352 Type I PRO eff. v-1 09/2012.dot)