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

TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3728 FACILITY NAME: Tustin Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Property and Evidence Andrea Albin FIELD REPRESENTATIVE: Michael J. Bush DATE: 04/05/2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.2.3 HOLDING FACILITY TRAINING Training plan verified. All personnel who are responsible for supervising inmates, and supervisors with custodial responsibilities, complete the eight hours of specialized training outlined in this X regulation within six (6) months of assignment. Successful completion of training, pursuant to Section 1020 of these regulations, may be substituted for the initial eight hours of training. Eight hours of refresher training is completed every two 900.2.3 years. Successful completion of training, pursuant to Officers have received their 8-hour refresher Section 1025 of these regulations, may be substituted for X course. the eight hour refresher. 1027 NUMBER OF PERSONNEL In addition to the implementation and operation of all programs and activities required by the There are sufficient personnel on duty at all times regulations, another predicator for compliance (whenever there is an inmate in custody) to ensure the X with this section is the availability of staff to implementation and operation of all programs and activities complete and document at least hourly safety required by these regulations. checks. There is a written plan that includes the documentation of 900.4.1 Visual checks are conducted “at least hourly safety checks. every 30 minutes” are documented on the X Arrestee Property Report. There is at least one employee on duty at all times, who 900.4.1 shall be immediately available and accessible with the X ability to respond to any inmate in the event of an emergency. Whenever one or more female inmates are in custody, there 900.4.1 is at least one female employee immediately available and Trained female staff are available. X accessible. Note: Reference PC § 4021. 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. 3728 Tustin PD THJ PRO; 04/05/2018 - 1 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS A staffing plan is available which indicates personnel assigned and their duties. X 1028 1028 FIRE AND LIFE SAFETY STAFF Included in 1024 Whenever there is an inmate in custody, there is at least Temporary Holding Facility Training X one person on duty at all times who meets the BSCC Agency self-certifies that all applicable staff are training standards for general fire and life safety. current in required training, which includes fire and life safety training. There is at least one person on duty who trained in fire and 900.3.2 (c) life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 2 All references to each standard are located in the Tustin Police Department’s Jail Manual. 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 900.2.1 X communications; Inspections and operations reviews by the facility 900.2.1 & 900.3.1 X administrator/manager; Use of force; X 300 Use of restraint equipment, including the restraint of 900.3.8 pregnant inmates; X Note: Reference PC § 6030(f); Screening newly received inmates for release In practice, this is a normal process. X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: As a practical matter, counts are conducted at Physical counts of inmates; X each safety check. Arrestees remain no longer than 4 hours, per policy. Searches of the facility; X 900.2.1 & 900.3.1 Searches of inmates; X 900.2.1 (f) & 902 Contraband control; and, X 900.4.5 (h) Key control. X 900.2.5 At least annually, the facility administrator reviews, As a practical matter, this is an ongoing process evaluates and documents internal and external security X for a facility this size. measures. Emergency procedures, including: X Escape; X 900.6.3 Disturbances; X 900.6.3 Taking of hostages; X 900.6.3 Civil disturbance; X 900.6.2 Natural disasters; X 900.6.1 Periodic testing of emergency equipment; X Included as part of 900.3.1 Storage, issue and use of weapons, ammunition, 900.2.6 X chemical agents; and, Storage, issue and use of security devices. X 900.2.6 Suicide prevention; and, X 900.6.4 Segregation of inmates. X 900.4.2 The manual is available to all employees. X Intranet and hard copy. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3728 Tustin PD THJ PRO; 04/05/2018 - 2 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS The manual is comprehensively reviewed and updated at least every two years. X 1032 FIRE SUPPRESSION PREPLANNING 900.3.2 There is a fire suppression pre-plan that has been developed X in consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff 900.3.1 with a two-year retention of the inspection record; X Performed by Maintenance Department staff. Verified. Fire prevention inspections at least once every two Conducted 02/29/2016 by the Orange County years; Fire Department. Fire Clearance granted. X Note: Reference Health and Safety Code Section 13146.1(a) and (b); An evacuation plan; and, X 900.3.2 (a) 2. A plan for the emergency housing of inmates in the The Orange County Jail would be used in this event of a fire. X event. 1044 INCIDENT REPORTS 900.2.4 There are written policies and procedures for the maintenance of written records and reporting of all incidents that result in physical harm, or serious threat of X 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 Reports are due at the end of shift. submitted to the facility manager or his/her designee. X 1046 DEATH IN CUSTODY 900.6.5 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 324.12.5 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 900.4.2 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 Staff verified that all applicable staff receive personnel. X training requirements during the initial training class and during the refresher course. 3728 Tustin PD THJ PRO; 04/05/2018 - 3 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Includes maintenance of a record of each inmate's classification level, housing restrictions and housing X assignments. 1051 COMMUNICABLE DISEASES 900.4.3.(b) Will immediately transport to an appropriate There are written policies and procedures specifying those X 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 900.4.3 had any communicable diseases, or has observable symptoms of communicable diseases, including but not X limited to tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or Verified 10 receiving screening samples. screening device. X 1052 MENTALLY DISORDERED INMATES 900.4.3 (c) Mentally disordered arrestees are immediately There are written policies and procedures for the X transported to an appropriate facility. identification and evaluation of all mentally disordered inmates. An evaluation by health care staff occurs within 24 hours of identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety of the inmate or others. X 1053 ADMINISTRATIVE SEGREGATION 900.4.2 An arrestee with issues of this type would be There are written policies and procedures, which provide immediately transported to the Orange County for administrative segregation of inmates who are X Jail. determined to 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 X inmates and staff. 1055 USE OF SAFETY CELL No Safety Cell. The remainder of the text of this regulation has The safety cell, specified in Title 24, Part 2, Section 1231 been deleted. X 2.5, is used only to hold inmates who display behavior that results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL No Sobering Cell. The remainder of the text of this regulation has The sobering cell, specified in Title 24, Part 2, Section been deleted. 1231 2.4 is used only for holding inmates who are a threat X to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures. 3728 Tustin PD THJ PRO; 04/05/2018 - 4 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1057 DEVELOPMENTALLY DISABLED 900.4.3 (d) INMATES Developmentally disordered arrestees are X immediately transported to an appropriate There are written procedures for identification and facility. 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 X developmentally disabled. 1058 USE OF RESTRAINT DEVICES 900.3.8 Per policy, restraints for this purpose are not There are written polices and procedures for the use of used in the facility. However, arrestees restraint devices that include: requiring this type of restraint will be placed in the pro-staint chair, which is located in the X vehicle sally port. Once the booking report is completed, the prisoner will be transported to the Orange County Jail. The remainder of the text of this regulation has been deleted. 1067 ACCESS TO TELEPHONE 900.4.6 Prisoners will receive required telephone calls. 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 900.4.7 There are written policies and procedures that ensure the X inmate's right to confidential consultation with attorneys. 1081 PLAN FOR INMATE DISCIPLINE (WA) 900.3.9 Discipline is not administered in this facility. There are written policies and procedures for inmate discipline. (This may be waived by written policy X stating that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 3728 Tustin PD THJ PRO; 04/05/2018 - 5 - A352 TH PRO eff. 9/2012.dot DETENTION OF MINORS YES NO N/A Are minors held in this facility? Policy exists for secure minors. In practice, secure detention is a rare occurrence. No If YES, then the core requirements of the Juvenile Justice minors held in secure detention since 20113. 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. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. Number of violations: 0 Reference: WIC 206 & 207 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles may not be confined or detained in any facility in which they have contact with adult prisoners. X Number of violations: 0 Reference: WIC 208 42 USC 5633 SECTION 223(a)(13) JAIL REMOVAL (SIX-HOUR HOLD EXCEPTION) During the previous calendar year, minors are securely X detained for a period not to exceed six hours. Number of violations: 0 Reference: WIC 207.1(d)1(B) x TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1142 WRITTEN POLICIES AND PROCEDURES X Written policies and procedures concerning minors held in temporary custody address: suicide risk and prevention; X 324.12.3 use of restraints; X 324.11 (g) Prohibited. emergency medical assistance and services; and, X 324.11 (e) prohibiting use of discipline. 324.11(h) X 1143 CARE OF MINORS IN TEMPORARY 324.12.1 CUSTODY X The following are made available to all minors held in temporary custody: access to toilets and washing facilities; one snack upon request during term of temporary custody if the minor has not eaten within the past (4) hours or is X otherwise in need of nourishment; 3728 Tustin PD THJ PRO; 04/05/2018 - 6 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS access to drinking water; X privacy during consultations with family, guardian, or X lawyer. blankets and clothing, as necessary, to assure the comfort 324.12.2 X of the minor; and, his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is X required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND ADULT 324.11(d) PRISONERS Policies and procedures ensure that there is no physical or X sustained sight or sound contact between juveniles and adults confined in the facility. Reference: WIC 208 In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, X side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 324.5 Minors are held in secure custody in a law enforcement facility only if the minor is in custody for an offense X described by WIC § 602, is at least 14 years of age, and presents a serious security risk of harm to self or others. Reference: WIC 207.1 (d) 1 Factors to be considered when determining if the minor presents a serious security risk to self or others are: age, maturity and delinquent history; severity of offense for which taken into custody; minor’s behavior; availability of staff to X provide adequate supervision or protection of the minor; and, age, type and number of other individuals detained at the facility. 1146 CONDITIONS OF SECURE CUSTODY While in secure custody, a minor may be locked in a room or other secure enclosure, secured to a cuffing rail, or otherwise X reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE CUSTODY INSIDE A LOCKED ENCLOSURE X Minors must receive adequate supervision which includes: Constant auditory access to staff by the minor; and, documented, safety checks are conducted by staff at least once every 30 minutes. X Reference: WIC 207.1(d)1(E) 3728 Tustin PD THJ PRO; 04/05/2018 - 7 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS Males and females are not placed in the same locked 324.11(c) room unless they are under constant direct visual X observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 324.12.4 CUSTODY OUTSIDE OF A LOCKED ENCLOSURE X Minors held in secure custody outside of a locked enclosure are not secured to a stationary object for more than 60 minutes unless no locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor’s safety while X secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter is approved by a X supervisor and documented. The decision to secure a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter is X based on the best interests of the minor. 1150 SUPERVISION OF MINORS IN NON- 324.4 SECURE CUSTODY X Minors held in non-secure custody receive constant direct visual observation by staff of the law enforcement facility. Monitoring a minor using audio, video, or other electronic X devices does not replace direct visual observation. Entry and release times are documented and available for Two minors held past 6-hrs. (April and May review. X 2017). 1151 MINORS UNDER THE INFLUENCE OF ANY 324.11( f) INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and procedures X providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance by any substance, to the extent that they are unable to care for themselves. Supervision includes safety checks at least once every 15 minutes until resolution of the intoxicated state, with the X actual time of each personal observation documented. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR 900.7.2 IN AN ADULT DETENTION FACILITY There are policies and procedures for notifying the court and X the parent, guardian or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death or a minor in custody. 3728 Tustin PD THJ PRO; 04/05/2018 - 8 - A352 TH PRO eff. 9/2012.dot Facilities must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or guardian, or arranging transfer to an appropriate Number of violations: juvenile facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law enforcement facility for longer than six hours. Number of violations: 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the length of time the secure detention is expected to last, and of the maximum six-hour period and secure Number of violations: detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the facility is restricted in accordance with WIC Section Number of violations: 208. 207.1(d)(1)(E) SUPERVISION The minor is adequately supervised. Number of violations: 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and circumstances forming the basis for the decision to place the minor in secure detention, and the length of Number of violations: time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the law enforcement facility for longer than six hours. Number of violations: 3728 Tustin PD THJ PRO; 04/05/2018 - 9 - A352 TH PRO eff. 9/2012.dot PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 3728 FACILITY NAME: Tustin Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1998 FIELD REPRESENTATIVE: Michael J. Bush DATE: 04/05/2018 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Except in handicap cell; cup furnished. Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification Cells (WA) (2.4) No detoxification cell in the facility. The X remainder of the regulation was deleted from this Limited to no more than 8 inmates checklist. Safety Cells (WA) (2.5) No safety cell in the facility. The remainder of the regulation was deleted from this checklist. X Contain 48 square feet with one floor dimension at least 6 feet Shower-Delousing Room (3.4) Shower available in staff locker room, if needed. X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) Available for inmate use per Penal Code § 851.5 X 3728 Tustin PD THJ PHY; 04/05/2018 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Audio Monitoring (2.22) For facilities planned or constructed after 8-86 X Janitor Closet (2.20) Outside of the secure area. X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 3728 Tustin PD THJ PHY; 04/05/2018 - 2 - A370 PHY CH-TH 1-78.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 3728 FACILITY: Tustin Police Department TYPE: THJ RC: 0 FIELD REPRESENTATIVE: Michael J. Bush DATE: 04/05/2018 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC BRC (L x W x H) T U W F S Cell 1 Holding 1991 1 - (5) (5) 8’ x 10’ x 10’ 1 - 1 1 - Notes: 8’ bench Cell 2 Holding 1991 1 - (5) (5) 8’ x 10’ x 10’ 1 - 1 1 - Notes: 8’ bench; Cell 3 Holding 1978 1 - (4) (4) 8’ x 7’ x 10’ 1 - 1 1 - Notes: 7’ bench Cell 4 Holding 1978 1 - (4) (4) 8’ x 7’ x 10’ 1 - 1 1 - Notes: 7’ bench Cell 7 Holding 1991 1 - (4) (4) 8’ x 8.3’ x 10’ 1 - 1 - - Notes: 7’ bench; no fountain – handicap access fixtures Notes: cameras/video in all cells – monitors in W/C’s and dispatcher’s offices; sound goes into dispatch office only; no mattresses are provided as department limits holding time to under 12 hours. All mouth guards and grille covers were modified to address current Title 24 regulations. The department is not required to make these modifications because at the time of build it was not a requirement. Tustin PD continues to raise the standard in operation and physical plant to ensure a safe and secure facility is in operation. The facility is incredibly clean and well maintained. Cells 5 & 6 was remodeled and are now used for storage; 6/16 (MJB) *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 3728 Tustin PD THJ LAS.doc; 04/05/2018 - 1 - A360 LAS Adult.dot (9/98)