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

December 10, 2020 Stu Greenberg, Chief of Police Tustin Police Department 300 Centennial Way Tustin, CA 92780 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Greenburg: 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. 3728 Orange Tustin TH LTR 18-20 Stu Greenburg, 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 or in the police department. Nonsecure youth are held in the officer’s report writing room. 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 Tustin* City Manager, City of Tustin* Presiding Judge, Superior Court, County of Orange* Grand Jury Foreperson, Superior Court, County of Orange* Andrea Albin, Evidence & Property, Tustin Police Department *Copies of the report are located on BSCC website 3728 Orange Tustin TH LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3728 FACILITY NAME: Tustin Police Department City Jail FACILITY TYPE: TH PERSON(S) INTERVIEWED: Property and Evidence Andrea Albin FIELD REPRESENTATIVE: Michael J. Bush DATE: June 10, 2020 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. Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once 900.2.3 every two years. Successful completion of the requirements Officers have received their 8-hour refresher ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be course. substituted for the eight hour refresher. 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 local detention facility to ensure the implementation and ☒ ☐ ☐ with this section is the availability of staff to complete and document at least hourly safety operation of the programs and activities required by these checks. regulations. 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. 3782 Orange Tustin TH PRO 18-20 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which 900.4.1 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 900.4.1 shall be at least one female employee who shall be Trained female staff are available. ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. 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 900.4.1 Visual checks are conducted “at least every 30 minutes” are documented on the Safety checks shall be conducted at least hourly through ☐ ☐ ☒ Arrestee Property Report. direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of Will review ☐ ☐ ☒ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF Included in 1024 the temporary holding Facility training Whenever there is an inmate in custody, there shall be at Agency self-certifies that all applicable staff are ☒ ☐ ☐ least one person on duty at all times who meets the training current in required training, which includes fire standards established by the BSCC for general fire and life and life safety training. safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 900.3.2 (c) person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 All references to each standard are located in the Tustin Police Department’s Jail Manual. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3782 Orange Tustin TH PRO 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) Table of organization, including channels of 900.2.1 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.2.1 & 900.3.1 ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 (4) Policy on the use of restraint equipment, including the 900.3.8 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received In practice, this is a normal process. 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: As a practical matter, counts are conducted at ☒ ☐ ☐ each safety check. Arrestees remain no longer than 4 hours, per policy. (A) physical counts of inmates, ☒ ☐ ☐ 900.2.1 & 900.3.1 (B) searches of the facility and inmates, ☒ ☐ ☐ 900.2.1 (f) & 902 (C) contraband control, and, ☒ ☐ ☐ 900.4.5 (h) (D) key control. ☒ ☐ ☐ 900.2.5 Each facility administrator shall, at least annually, review, As a practical matter, this is an ongoing process evaluate, and make a record of security measures. The review for a facility this size. and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.6.3 (C) mass arrests; ☒ ☐ ☐ 900.6.2 (D) natural disasters; ☒ ☐ ☐ 900.6.1 (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ Included as part of 900.3.1 (F) storage, issue, and use of weapons, ammunition, 900.2.6 ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 900.6.4 (9) Segregation of Inmates. ☒ ☐ ☐ 900.4.2 (10) Zero tolerance in the prevention of sexual abuse and ☒ ☐ ☐ 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, 3782 Orange Tustin TH PRO 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 900.4.4 MANDATORY TRANSPORTATION Mentally disturbed prisoners will not be The facility shall have a comprehensive written suicide detained. prevention program developed by the facility administrator, ☒ ☐ ☐ in conjunction with the health authority and mental health Rest of section is deleted. director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: 1032 FIRE SUPPRESSION PREPLANNING 900.3.1 Performed by Maintenance Department staff. Pursuant to Penal Code Section 6031.1(b), the facility Verified. 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 900.3.1 monthly basis with two-year retention of the inspection ☒ ☐ ☐ Performed by Maintenance Department staff. record; (c) fire prevention inspections as required by Health and Conducted 02/26/2018 by the Orange County Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Fire Department. Fire Clearance granted. inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ 900.3.2 (a) 2. (e) a plan for the emergency housing of inmates in the case of The Orange County Jail would be used in this ☒ ☐ ☐ fire. event. 1044 INCIDENT REPORTS 900.2.4 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 Reports are due at the end of shift. to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 3782 Orange Tustin TH PRO 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY 900.6.5 (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 324.12.5 In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Minors not held in the jail facility. 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. 1050 CLASSIFICATION PLAN 900.4.2 (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. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area Staff verified that all applicable staff receive for male or female inmates, and in making other housing and training requirements during the initial training programming assignments, the agency shall consider on a class and during the refresher course. 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. 3782 Orange Tustin TH PRO 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1051 COMMUNICABLE DISEASES 900.4.3.(b) Will immediately transported to an appropriate The facility administrator, in cooperation with 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 900.4.3 made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.4.3 (c) Mentally disordered arrestees are immediately The facility administrator, in cooperation with the transported to an appropriate facility. ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.4.2 An arrestee with issues of this type would be Except in Type IV facilities, each facility administrator shall immediately transported to the Orange County develop written policies and procedures which provide for Jail. the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 3782 Orange Tustin TH PRO 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL No Safety Cell. The remainder of the text of this regulation has The safety cell described in Title 24, Part 2, Section been deleted. ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL No Sobering Cell. Persons suffering symptoms of alcohol or drug The sobering cell described in Title 24, Part 2, Section detoxification or withdrawal will not be detained 1231.2.4, shall be used for the holding of inmates who are a at the Temporary Holding Facility and medical ☐ ☐ ☒ threat to their own safety or the safety of others due to their aid should be requested. state of intoxication and pursuant to written policies and procedures developed by the facility administrator. The remainder of the text of this regulation has been deleted. 1057 DEVELOPMENTALLY DISABLED 900.4.3 (d) INMATES Developmentally disordered arrestees are immediately transported to an appropriate The facility administrator, in cooperation with the facility. ☒ ☐ ☐ 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 center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 900.3.8 Per policy, restraints for this purpose are not The facility administrator, in cooperation with the used in the facility. However, arrestees requiring responsible physician, shall develop written policies and this type of restraint will be placed in the Pro- procedures for the use of restraint devices and may delegate Straint chair, which is located in the vehicle sally authority to place an inmate in restraints to a responsible ☐ ☐ ☒ port. Once the booking report is completed, the health care staff. prisoner will be transported to the Orange County Jail. The remainder of the text of this regulation has been deleted. 1058.5 RESTRAINTS AND PREGNANT INMATES 900.4. MANDATORY TRANSPORTATION Pregnant females will not be detained. 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. (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. 3782 Orange Tustin TH PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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. 1067 ACCESS TO TELEPHONE 900.4.6 Prisoners will receive required telephone calls. The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL 900.4.7 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY PENALTIES 900.3.9 Discipline is not administered in this facility. Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary penalties to guide inmate conduct. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Policy exists for secure minors. No minors held in secure detention since 20113. 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. 3782 Orange Tustin TH PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot