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

December 10, 2020 Philip Gonshak, Chief of Police Seal Beach Police Department 911 Seal Beach Blvd Seal Beach, CA 90740 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Gonshak: 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. 3775 Orange Seal Beach I LTR 18-20 Philip Gonshak, 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 youth are not held in the jail. Nonsecure youth are held outside the jail in the officer’s report writing area. 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 Seal Beach* City Manager, City of Seal Beach* Presiding Judge, Superior Court, County of Orange* Grand Jury Foreperson, Superior Court, County of Orange* Julia Clasby, Sergeant, Seal Beach Police Department *Copies of the report are located on BSCC website 3775 Orange Seal Beach I LTR 18-20 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:3775 FACILITY NAME: Seal Beach Police Department City Jal FACILITY TYPE: IJ PERSON(S) INTERVIEWED: Sergeant Dave Bar FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/08/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 900.08 (a) In addition to the provisions of California Penal Code The Seal Beach Police Department is a Section 831.5, all custodial personnel of a Type I, II, III, or Standards and Training for Corrections (STC) IV facility shall successfully complete the “Corrections participating agency. Compliance with sections Officer Core Course” as described in Section 179 of Title ☒ ☐ ☐ related to training (with the exception of 1021) 15, CCR, within one year from the date of assignment. is determined by an annual audit of training records. The department is in full compliance with training. (b) Custodial Personnel who have successfully completed All staff have completed all required training. 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 Sergeant Bar have attend the 56-hour supplemental (to POST) core course prior to Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ assignment as supervisor. 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 All managers have completed the required 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. 3775 Orange Seal 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 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, ☒ ☐ ☐ 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 In addition to the implementation and operation of all programs and activities required by the regulations, another predicator for compliance A sufficient number of personnel shall be employed in each ☒ ☐ ☐ with this section is the availability of staff to local detention facility to ensure the implementation and complete and document at least hourly safety operation of the programs and activities required by these checks. regulations. Whenever there is an inmate in custody, there shall be at 900.14 least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ Requires inspections not to exceed 30 minutes. facility who shall be immediately available and accessible to Requires documentation on the facility log. inmates in the event of an emergency. Reasons for delay are noted on the log. Such an employee shall not have any other duties which 900.04 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 900.10 shall be at least one female employee who shall be immediately available and accessible to such females. ☒ ☐ ☐ If a female staff is not on duty female prisoners Note: Reference PC§ 4021. will be transported to Huntington Beach PD or the Orange County Jail. 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 Requires safety checks not to exceed 30 minutes. Safety checks shall be conducted at least hourly through Requires documentation on the facility log. ☒ ☐ ☐ direct visual observation of all inmates. There shall be no Reasons for delay are noted on the log. more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of Will review during ☐ ☐ ☐ routine safety checks. 1028 1028 FIRE AND LIFE SAFETY STAFF 04 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 900.40.02 Simulated Fire Drills person on duty who is trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 3775 Orange Seal 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 1029 POLICY AND PROCEDURES MANUAL 3 Seal Beach Police Department Detention Center Manual. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and Hard copy and intranet. 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 900.01 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.14 ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 308 & 900.3.1.01 (4) Policy on the use of restraint equipment, including the 902.08 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 903.03.07 inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ 900.02 (A) physical counts of inmates, ☒ ☐ ☐ 900.14.01 (B) searches of the facility and inmates, ☒ ☐ ☐ 900.10, 900.21 & 903.02.02 (C) contraband control, and, ☒ ☐ ☐ 900.14.01 (D) key control. ☒ ☐ ☐ 900.18 Each facility administrator shall, at least annually, review, In practice, this is an ongoing process. 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: 900.40 & 900.41 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.41 (C) mass arrests; ☒ ☐ ☐ 900.31 (D) natural disasters; ☒ ☐ ☐ 900.42 (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 900.36 (F) storage, issue, and use of weapons, ammunition, 900.36 ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 901.04 & 901.06.01 (9) Segregation of Inmates. ☒ ☐ ☐ 902.01 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3775 Orange Seal 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 (10) Zero tolerance in the prevention of sexual abuse and 901.06.05 ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 901.06.01 Non- detainable. The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, Prisoners who show signs of meant health issues ☐ ☐ ☒ in conjunction with the health authority and mental health will be trans ported to the county jail or an director, to identify, monitor, and provide treatment to those appropriate facility. inmates who present a suicide risk. The program shall include the following: Remainder of section is deleted. 1032 FIRE SUPPRESSION PREPLANNING 900.40 Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 900.14 monthly basis with two-year retention of the inspection ☒ ☐ ☐ This is accomplished twice daily at shift record; change. (c) fire prevention inspections as required by Health and Conducted 04/29/2019. Fire clearance granted. Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ 900.40.01 (e) a plan for the emergency housing of inmates in the case of The Orange County Jail would be used in this ☒ ☐ ☐ fire. event. 1040 POPULATION ACCOUNTING 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. 3775 Orange Seal 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 Facility administrators shall provide the BSCC with Verified. applicable inmate demographic information as described in ☒ ☐ ☐ the Jail Profile Survey. 1041 INMATE RECORDS 900.11 (a) Each facility administrator of a Type I, II, III or IV Records are kept on the facility’s JIM system. facility shall develop written policies and procedures for the maintenance of individual inmate records which shall ☒ ☐ ☐ include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its inmates. The data ☒ ☐ ☐ collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1) (federal survey on sexual violence). 1044 INCIDENT REPORTS 900.12 Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons 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 The incident report shall be completed by the to investigate the incident and submitted to the facility Detention Officer involved, or an assigned manager or his/her designee. ☒ ☐ ☐ delegate, and submitted to the Detention Services Coordinator within 24 hours of the event. 1045 PUBLIC INFORMATION PLAN 900.13 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 upon request. Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as Rules are distributed at orientation. ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan ☒ ☐ ☐ A (2) 1061, Inmate Education Plan ☐ ☐ ☒ B (3) 1062, Visiting ☒ ☐ ☐ C (4) 1063, Correspondence ☒ ☐ ☐ D (5) 1064, Library Service ☐ ☐ ☒ M (6) 1065, Exercise and Recreation ☒ ☐ ☐ N 3775 Orange Seal 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 (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ H (8) 1067, Access to Telephone ☒ ☐ ☐ E (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ O (10) 1069, Inmate Orientation ☒ ☐ ☐ J (11) 1070, Individual/Family Service Programs ☐ ☐ ☒ Q (12) 1071, Voting ☒ ☐ ☐ F (13) 1072, Religious Observance ☒ ☐ ☐ G (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ P (15) 1080, Rules and Disciplinary Penalties ☐ ☐ ☒ K (16) 1081, Plan for Inmate Discipline ☐ ☐ ☒ I (17) 1082, Forms of Discipline ☐ ☐ ☒ (18) 1083, Limitations on Discipline ☐ ☐ ☒ (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ I 1046 DEATH IN CUSTODY 901.06 (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ☒ ☐ ☐ ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor Youth are not held in the facility. 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 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. 3775 Orange Seal 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 1050 CLASSIFICATION PLAN (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed ☒ ☐ ☐ and other criteria which will provide for the safety of the inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall establish and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign inmates to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available about the inmate and from the inmate and shall provide for ☒ ☐ ☐ a channel of appeal by the inmate to the facility administrator or designee. An inmate who has been sentenced to more than 60 days may request a review of his classification plan no more often than 30 days from his last review. Subsection b does not apply and has been deleted. (c) In deciding whether to assign an inmate to a housing area Verified by inspection. for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 901.02 The facility administrator, in cooperation with the Will not be detained at 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. At the time of intake into the facility, an inquiry shall be 901.02 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. 3775 Orange Seal 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 1052 MENTALLY DISORDERED INMATES 901.04.01 The facility administrator, in cooperation with the ☐ ☐ ☒ 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 Inmates would be transported to Orange readily available, an inmate shall be considered mentally County Jail or other appropriate Facility. disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 901.04.06 Except in Type IV facilities, each facility administrator shall Inmates would be transported to Orange develop written policies and procedures which provide for County Jail or other appropriate Facility. 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 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 902.07 No Safety Cell The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who The remainder of the text of this regulation has display behavior which results in the destruction of property been deleted. or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL 902.06 An intoxicated male arrestee will be placed in The sobering cell described in Title 24, Part 2, Section the sobering cell. An intoxicated female arrestee 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ will either be transported to the Orange County threat to their own safety or the safety of others due to their Jail, or released on a citation or pursuant to 849 state of intoxication and pursuant to written policies and (b) (1) C.P.C. to a responsible adult. procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they ☒ ☐ ☐ are able to continue in the processing. 3775 Orange Seal 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 In no case shall an inmate remain in a sobering cell over six 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 ☒ ☐ ☐ receive an evaluation by responsible health care staff. Intermittent direct visual observation of inmates held in the 902.06 sobering cell shall be conducted no less than every half hour. Intermittent direct visual observation of Such observation shall be documented. arrestees held in the sobering cell shall be ☒ ☐ ☐ conducted no less than every fifteen (15) minutes and this observation shall be noted on the intoxication evaluation form. 1057 DEVELOPMENTALLY DISABLED 902.05 INMATES Will not be detained. 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 The Regional Center of Orange County shall be center on any inmate suspected or confirmed to be contacted within one (1) hour of knowing the developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ arrestee is developmentally disabled. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 902.08.01 – Restraints Chair The facility administrator, in cooperation with the Restraints for this purpose have not been used responsible physician, shall develop written policies and ☒ ☐ ☐ during this inspection cycle. Compliance based procedures for the use of restraint devices and may delegate upon policy elements only. authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☒ ☐ ☐ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☒ ☐ ☐ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☒ ☐ ☐ protective housing of restrained persons; ☒ ☐ ☐ provision for hydration and sanitation needs; and Subjects in restraint devices shall be provided all ☒ ☐ ☐ necessary food and fluids. Fluids shall be offered hourly or upon request, foods shall exercising of extremities. Subjects secured in restraints shall have an opportunity to exercise alternate extremities for ☒ ☐ ☐ a minimum of ten (10) minutes every two (2) hours. In no case shall restraints be used for punishment or as a The restraint chair shall not be used to punish substitute for treatment. ☒ ☐ ☐ inmates or arrestees. 3775 Orange Seal 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 Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☒ ☐ ☐ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval Continued retention in restraints shall be of the facility manager, the facility watch commander, reviewed at a minimum of every hour by the responsible health care staff; continued retention shall be Detention Services Coordinator or the Watch ☒ ☐ ☐ reviewed a minimum of every hour. Commander and annotated on the observation sheet. A medical opinion on placement and retention shall be A medical opinion on placement and retention secured within one hour from the time of placement. ☒ ☐ ☐ shall be secured as soon as possible, but no later than one hour from the time of placement. A medical assessment shall be completed within four hours Subjects requiring retention beyond (4) hours ☒ ☐ ☐ of placement. will be transported to the county jail. If the facility manager, or designee, in consultation with Policy limits placement to four hours. responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☒ ☐ ☐ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice Direct visual observation shall be conducted at every thirty minutes to ensure that the restraints are properly least every fifteen (15) minutes or less to ensure employed, and to ensure the safety and well-being of the that the restraints are properly employed, and to inmate. Such observation shall be documented. ensure the safety and wellbeing of the subject. Such observation shall be documented. Subjects ☒ ☐ ☐ in restraint devices shall be provided all necessary food and fluids. Fluids shall be offered hourly or upon request, foods shall be offered at designated meal times or upon request. All food and fluids acceptance or refusal shall be noted on the observation log. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☒ ☐ ☐ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES Pregnant prisoners will not be restrained. 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 delivery shall not be restrained by the use of leg irons, waist ☐ ☐ ☒ chains, or handcuffs behind the body. 3775 Orange Seal 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 (2) A pregnant inmate in labor, during delivery, or in 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 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 be advised, orally or in writing, of the standards and policies ☐ ☐ ☒ governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO 900.32.06 COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS Will produce a warrant to collect blood sample. (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including ☒ ☐ ☐ peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of reasonable force” shall be defined as the force that an objective, trained and competent correctional employee, ☒ ☐ ☐ faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded by efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include ☒ ☐ ☐ an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written authorization of the facility watch commander on duty. The authorization shall include information that reflects the fact ☒ ☐ ☐ that the offender was asked to provide the requisite specimen, sample, or impression and refused. (c) If the use of reasonable force includes a cell extraction, the extraction shall be videotaped, including audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the length of time ☒ ☐ ☐ required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively. 1062 VISITING 900.24 (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. 3775 Orange Seal 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 (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; 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 All inmate’s correspondence, incoming and The facility administrator shall develop written policies and outgoing shall be inspected by the Detention procedures for inmate correspondence which provide that: ☒ ☐ ☐ Officer. All mail, duly inspected and passed, shall be mailed or delivered to the inmate promptly. (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 valid security reason and the facility manager or his/her ☒ ☐ ☐ designee approves; (c) jail staff shall not review inmate correspondence to or 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 ☒ ☐ ☐ facility manager or the facility administrator; and, 3775 Orange Seal 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 (e) those inmates who are without funds shall be permitted at least two postage paid envelopes and two sheets of paper each week to permit correspondence with family members ☒ ☐ ☐ and friends but without limitation on the number of postage paid envelopes and sheets of paper to his or her attorney and to the courts. 1065 EXERCISE AND RECREATION 900.29 ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make table games and/or television available to inmates. 1066 BOOKS, NEWSPAPERS, PERIODICALS, 900.29 AND WRITINGS (b) The facility administrator of a Type I facility shall ☒ ☐ ☐ develop and implement a written plan to make available a daily newspaper in general circulation, including a non- English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE 900.26. An arrested person has the right to make at least The facility administrator shall develop written policies and three completed telephone calls at no expense if procedures which allow reasonable access to a telephone the calls are completed to telephone numbers beyond those telephone calls which are required by Section within the local calling area, or at his or her 851.5 of the Penal Code. own expense if outside the local area to three of ☒ ☐ ☐ the following: an attorney, a bail bondsman, a relative or other person. These telephone calls shall be given immediately upon request, or as soon as practicable. Any public officer or employee who willfully deprives an arrested person of any right granted by this section is guilty of a misdemeanor. 1068 ACCESS TO COURTS AND COUNSEL 900.24.04 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 900.25 ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 1069 INMATE ORIENTATION 902.02 (b) In Type I facilities, the facility administrator shall Each inmate will receive an “inmate handbook” develop written policies and procedures for a program ☒ ☐ ☐ which contain the facility’s rules. 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. ☒ ☐ ☐ 3775 Orange Seal Beach 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 1071 VOTING 900.27 Sentenced inmates who are registered voters The facility administrator of a Type I (holding sentenced will be allowed to vote in local, state and inmate workers) II, III or IV facility shall develop written federal elections. They must write the Orange policies and procedures whereby the county registrar of ☒ ☐ ☐ County Registrar of Voters and request voters allows qualified voters to vote in local, state, and absentee ballot 29 days before the election. In federal elections, pursuant to election codes. order to vote, the inmate must comply with election codes. 1072 RELIGIOUS OBSERVANCES 900.28 Inmates shall be provided the opportunity to The facility administrator of a Type I, II, III or IV facility participate in religious services and counseling ☒ ☐ ☐ shall develop written policies and procedures to provide on a voluntary basis. Religious materials, such opportunities for inmates to participate in religious services, as Bibles, are available upon arrival. practices and counseling on a voluntary basis. 1073 INMATE GRIEVANCE PROCEDURE 904.02 Applicable to Type I facilities holding sentenced workers. (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 forms are available upon request. grievance; ☒ ☐ ☐ There were no grievances to review during this cycle. (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: 72 hours. The facility may establish written policy and procedure to ☒ ☐ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY PENALTIES 904.03 If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections Discipline is not administered in this facility. 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. 3775 Orange Seal Beach I PRO 18-20 - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? Secure youth are not held in the jail nor in the police admin area. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☐ ☒ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☒ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 3775 Orange Seal Beach I PRO 18-20 - 15 - A352 Type 1 PRO eff. 1/2019 (18-20).dot