Orange County, Westminster Police Department (2020-2022 inspection cycle)

October 4, 2021 Roy Campos, Chief of Police Westminster Police Department 8200 Westminster Blvd Westminster, CA 92683 2020-2022 BIENNIAL INSPECTION OF WESTMINSTER POLICE DEPARTMENT, TEMPORARY HOLDING FACILITY, PENAL CODE 6031 & WIC 209 Dear Chief Campos, On July 15, 2021, staff of the Board of State and Community Corrections (BSCC) conducted the 2020- 2022 biennial inspection of the Westminster Police Department Temporary Holding Facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuit to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards for the facility; the Physical Plant Evaluation outlining Title 24 requirements for design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Department and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your Department under a separate cover. Each of the local inspections were current. Inspection Date Fire and Life Safety 06/04/2020 Medical and Mental Health 11//23/2020 Environmental Health 11/23/2020 Nutrition N/A 3776 Orange Westminster TH LTR 20-22 Roy Campos, Police Chief Page 2 BSCC 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.1 We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Corrective Action Plan No areas of non-compliance were noted, and no corrective action required. Juvenile Justice and Delinquency Prevention Act Compliance The BSCC monitors local detention facilities for compliance with JJDPA; no minors were held beyond the 6-hour limit for secure detention during this inspection cycle. This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Westminster Department’s Temporary Holding Facility. If you should have any questions, please contact me at (916) 956-5968 or email at michael.bush@bscc.ca.gov. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Westminster* Presiding Judge, Superior Court, County of Orange* Grand Jury Foreperson, Superior Court, Orange County Ron Weber, Commander, Westminster Police Department * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 3776 Orange Westminster TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 3776 FACILITY NAME: Westminster Police Department City Jail FACILITY TYPE: TH PERSON(S) INTERVIEWED: Commanders Alan Iwashita & Ron Weber FIELD REPRESENTATIVE: Michael J. Bush DATE: 07/15/2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 901.3. (d) HOLDING FACILITY TRAINING The Westminster Police Department contracts with G4S for jail services and is therefore not a Custodial personnel who supervise inmates in, and Standards and Training for Corrections (STC) supervisors of, a Court Holding or Temporary Holding participating agency. Compliance with sections facility shall complete 8 hours of specialized training. Such related to training was determined by an onsite training shall include, but not be limited to: audit of training records. (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 901.13 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 901.13 every two years. Successful completion of the requirements ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL Arresting officers provide supervision when there are no G4S staff available. A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and Four (3) full-time G4S custody staff. operation of the programs and activities required by these 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. 3776 Orange Westminster TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900.3.1 least one employee on duty at all times in a local detention Safety checks every 60-minute per policy. 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 900.3.5 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 900.3.5 shall be at least one female employee who shall be ☒ ☐ ☐ 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 901.7.3 Direct visual observation safety check must be Safety checks shall be conducted at least hourly through performed and logged at least once every 60 ☒ ☐ ☐ direct visual observation of all inmates. There shall be no minutes. more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of 901.7 SAFETY CHECKS routine safety checks. Arresting Officers, Jail PSO's and Watch Commanders are responsible for performing and logging "direct visual observation" Safety Checks on all detainees housed in the Detention ☒ ☐ ☐ Center. BSCC staff reviewed and verified 10 mos. of observation logs. Each log was within the regulation’s 60-mins time frame. 1028 FIRE AND LIFE SAFETY STAFF 900.13 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. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 900.12 person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 3776 Orange Westminster TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 900.12 Unless otherwise indicated, all references to Facility administrator(s) shall develop and publish a manual policy sections are contained within the of policy and procedures for the facility. The policy and Westminster Police Department Jail Operations procedures manual shall address all applicable Title 15 and Manual (Lexipol) 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 900.1 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.2 ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 (4) Policy on the use of restraint equipment, including the 306.3.2 restraint of pregnant inmates as referenced in Penal Code Section 3407. ☒ ☐ ☐ Arrestees determined to be pregnant are transported directly to the Orange County Jail. (5) Procedure and criteria for screening newly received 901.6 (g) 4 inmates for release per Penal Code sections 849(b)(2) and 900.4.3 853.6, and any other such processes as the facility 420.2 administrator is empowered to use. ☒ ☐ ☐ 420.3.2 Arresting officer completes Jail Classification Questionnaire. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ 901.7 /901.8 (B) searches of the facility and inmates, ☒ ☐ ☐ 901.5 (C) contraband control, and, ☒ ☐ ☐ 901.5 (D) key control. ☒ ☐ ☐ 901.5/900.12 Each facility administrator shall, at least annually, review, 900.12 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: 900.12 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.12 (C) mass arrests; ☒ ☐ ☐ 900.12 (D) natural disasters; ☒ ☐ ☐ 900.12 (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 900.12 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3776 Orange Westminster TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (F) storage, issue, and use of weapons, ammunition, 900.4 ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 903/903.2 (9) Segregation of Inmates. ☐ ☐ ☐ 901.4 (10) Zero tolerance in the prevention of sexual abuse and 903.4 ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 903.4 to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 903.4 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, 903.4.1 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 900.3 Prisoners who display suicidal behavior or signs The facility shall have a comprehensive written suicide of a mental disorder are transported to a hospital prevention program developed by the facility administrator, or the county jail. Officers also request specific in conjunction with the health authority and mental health information regarding mental illness at the time director, to identify, monitor, and provide treatment to those of booking on Jail Classification Questionnaire. ☐ ☐ ☒ inmates who present a suicide risk. The program shall include the following: 900.3.1 (d) (j) County mental health personnel will be contacted for any prisoners suspect4d of suicide. The remainder section is deleted. 1032 FIRE SUPPRESSION PREPLANNING 900.12 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 Facility Watch Commander conducts and monthly basis with two-year retention of the inspection ☒ ☐ ☐ documents monthly inspections. record; (c) fire prevention inspections as required by Health and Lasted inspected 06/04/2020. Fire clearance. Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; 3776 Orange Westminster TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) an evacuation plan; and, 900.6 Evacuation routes are posted in the jail. In the event of jail closure, appropriate inmates would ☒ ☐ ☐ be released, while others would be transported to the county jail. (e) a plan for the emergency housing of inmates in the case of Prisoners will be cited and release or transported ☒ ☐ ☐ fire. to the county jail. 1044 INCIDENT REPORTS 901/900.9 Each facility administrator shall develop written policies and No incident reports to review. 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 1019.6 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 900.9 to investigate the incident and submitted to the facility Departmental policy requires that notification ☒ ☐ ☐ manager or his/her designee. occurs prior to the end of shift and that other reports are filed prior to days off. 1046 DEATH IN CUSTODY 900.9900.9 (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 900.9 clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 323.12 (g) In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Youth are held outside the jail facility. lockup, or court holding facility: (1) The administrator of the facility shall provide to the 323.12 (g) 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 323.12 (g) 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. 3776 Orange Westminster TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 900.4.3 901.4 (a) Each administrator of a temporary holding, Type I, II, or 901.3 (d) 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 901.4 for male or female inmates, and in making other housing and 901.3 (d) programming assignments, the agency shall consider on a Arresting officer completes Jail Classification case-by-case basis whether a placement would ensure the Questionnaire. inmate's health and safety, and whether the placement would ☒ ☐ ☐ present management or security problems. An inmate's own BSCC staff reviewed 8 mos. of inmate’s views with respect to his or her own safety shall be given classification forms. All forms were complete serious consideration. and ensure the inmate's health and safety. 1051 COMMUNICABLE DISEASES 1015.7 1015.3 The facility administrator, in cooperation with the Any person with or suspected of a responsible physician, shall develop written policies and ☒ ☐ ☐ communicable disease is transported to the procedures specifying those symptoms that require hospital or county jail. segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be 901.3 (d) 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 900.4 900.4.3 The facility administrator, in cooperation with the Prisoners who display suicidal behavior or signs responsible physician, shall develop written policies and ☒ ☐ ☐ of a mental disorder are transported to a hospital procedures to identify and evaluate all mentally disordered or the county jail. Officers also request specific inmates, and may include telehealth. information regarding mental illness at the time of booking on Jail Classification Questionnaire. 3776 Orange Westminster TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If an evaluation from medical or mental health staff is not County mental health personnel will be readily available, an inmate shall be considered mentally contacted for any prisoners suspect4d of suicide. 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 Non-detainable. 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 900.13 ☐ ☐ ☒ the inmate or others. 901.4 1053 ADMINISTRATIVE SEGREGATION 900.8.1 Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and Inmates posing a safety and security threat are secure housing but shall not involve any other deprivation of not held in the jail. ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL 900.8.1 900.J.10 The safety cell described in Title 24, Part 2, Section No cells of this type in the facility ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property The remainder of the regulation deleted. or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL 900.8.1 Inmates who are to be held in the temporary The sobering cell described in Title 24, Part 2, Section holding facility and who present a threat to their 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ own safety or the safety of others due to their threat to their own safety or the safety of others due to their state of intoxication should be placed in a state of intoxication and pursuant to written policies and sobering cell until their condition allows for procedures developed by the facility administrator. continued processing. Such inmates shall be removed from the sobering cell as they 900.8.1 (e) are able to continue in the processing. Inmates will be removed from the cell when they ☒ ☐ ☐ no longer pose a threat to their own safety and the safety of others and are able to continue processing. In no case shall an inmate remain in a sobering cell over six 900.8.1 (d) hours without an evaluation by a medical staff person or an Under no circumstances shall an inmate be held evaluation by custody staff, pursuant to written medical in a sobering cell for more than six hours without ☒ ☐ ☐ procedures in accordance with section 1213 of these being evaluated by qualified medical personnel regulations, to determine whether the prisoner has an urgent to ensure that the inmate does not have an urgent medical problem. medical issue. 3776 Orange Westminster TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At 12 hours from the time of placement, all inmates will 900.8.1 receive an evaluation by responsible health care staff. Under no circumstances shall an inmate be held in a sobering cell for more than six hours without being evaluated by qualified medical personnel ☒ ☐ ☐ to ensure that the inmate does not have an urgent medical issue. Not held past six hours. Intermittent direct visual observation of inmates held in the 900.8.1 (c) sobering cell shall be conducted no less than every half hour. A safety check consisting of direct visual Such observation shall be documented. observation sufficient to assess the inmate’s well-being and behavior shall occur at least once every 30 minutes. Each safety check shall be documented in the cell log. Supervisors shall ☒ ☐ ☐ check the logs for completeness every two hours and document this action on the cell log. BSCC staff reviewed 12 mos. of inmate’s placements in the sobering cell. All observation logs were inside the required time limit. 1057 DEVELOPMENTALLY DISABLED 900.4.3 INMATES 901.4 901.3 (d) The facility administrator, in cooperation with the ☒ ☐ ☐ Non- detainable, will be transported to the responsible physician, shall develop written policies and county jail. 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 900.6 Have Pro-straint chair policy, however, in The facility administrator, in cooperation with the practice, those inmates requiring restraint for responsible physician, shall develop written policies and purposes other than transportation are ☒ ☐ ☐ procedures for the use of restraint devices and may delegate immediately removed from the facility and authority to place an inmate in restraints to a responsible transported to the county jail. health care staff. The remainder of the regulation deleted. 1058.5 RESTRAINTS AND PREGNANT INMATES 306.3.2 9007.7 The facility administrator, in cooperation with the Non-detainable 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 Persons who are known to be pregnant should be delivery shall not be restrained by the use of leg irons, restrained in the least restrictive manner that waist chains, or handcuffs behind the body. is effective for officer safety. Leg irons, waist ☒ ☐ ☐ chains, or handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property. 3776 Orange Westminster TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) A pregnant inmate in labor, during delivery, or in No person who is in labor, delivery, or recovery recovery after delivery, shall not be restrained by the after delivery shall be handcuffed or restrained wrists, ankles, or both, unless deemed necessary for the except in extraordinary circumstances and only ☒ ☐ ☐ safety and security of the inmate, the staff, or the public. when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others (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 Upon confirmation of an inmate’s pregnancy, shall be advised, orally or in writing, of the standards she shall be advised, orally or in writing, of the ☒ ☐ ☐ and policies governing pregnant inmates. standards and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE 900.5.5 Immediately upon being booked and, except The facility administrator shall develop written policies and where physically impossible, no later than three procedures which allow reasonable access to a telephone ☒ ☐ ☐ hours after arrest, an individual in custody has beyond those telephone calls which are required by Section the right to make at least three completed calls 851.5 of the Penal Code. to an attorney, bail bondsman, and a relative or other person 1068 ACCESS TO COURTS AND COUNSEL 900.5.9 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. ☒ ☐ ☐ 900.5.100 1080 RULES AND DISCIPLINARY PENALTIES 900.9.1 Discipline is not imposed at 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? Secure and no-secure minors are detained in the juvenile area outside the jail facility. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☐ ☒ (2) Separation (3) Jail Removal (6-hour limit) 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 3776 Orange Westminster TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot 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. 3776 Orange Westminster TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections APPLICABLE TITLE 24 REGULATIONS: 6/94; 2/99; 2001; 2005 BSCC Code: 3776 FACILITY NAME: Westminster Police Department FACILITY TYPE: TH Built as an IJ APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: 2005: X OTHER: FIELD REPRESENTATIVE: Michael J. Bush DATE: 07/15/2021 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) X Contains a weapons locker, designed as outlined in these regulations. Contains a cell or room for confinement pending booking X Contains a detoxification cell, where applicable 01: Name change to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA) X Shower room available Three Showers X 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X Telephone in each housing cell. 2-99: Unobstructed access to hot and cold running water X Temporary Holding Cell or Room (2.2) Housing cells can be used for Temporary holding. X When this occurs, the bottom bunk will be used as bench space. Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear ceiling X height of 8 feet or more Contains sufficient seating to accommodate all inmates X Contains water closet (toilet), wash basin, and drinking X fountain Provides for clear visual supervision by staff X Detoxification/Sobering Cell (2.4) X 01: Name change to “sobering cell.” Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear ceiling X height of 8 feet or more Contains a water closet (toilet) wash basin and drinking X fountain as specified by these regulations 3776 Orange Westminster PD TH PHY 20-22 - 1 - A383 PHY Type 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure portion of the facility X Double Occupancy Cells (2.7) X Maximum capacity of two inmates Contain a minimum of 60 square feet of floor area in Type I X facilities and 70 square feet in Type II and III facilities Have a minimum clear ceiling height of 8 feet and a X minimum width of 6 feet Contain a water closet (toilet), wash basin and drinking X fountain Contain 2 bunks, 1 desk and 1 seat (Desk and seat not required in Type I facilities.) X Dormitories (2.8) Two dormitories (Note: 2001 regulations reduced the double bunk requirement from 75 to 70 square feet and added provision for triple bunks. This is the “least restrictive standard.” 2005 revisions added clarifying language, but did not change the calculations.) Contain at least 50 square feet of floor area per inmate for single bed units; at least 70 square feet of floor space per X inmate for double bed units; and, at least 90 square feet for triple bed units. Eight foot clear ceiling height required. (To calculate double bunked BRC: 70 square feet divided by 2 inmates = 35 square feet + 35 square feet dayroom = 70 square feet per inmate. To calculate triple bunked BRC: 90 square feet divided by 3 inmates=30 square feet + 35 square feet dayroom=65 square feet per inmate.) Designed for no fewer than 4 and no more than 64 inmates One 4 man dorm X One 6 man dorm. Provide access to toilets separate from wash basins and X drinking fountains Provide storage space for each inmate's personal items (NA Type I) X Dayrooms (2.9) Dayrooms in each dormitory. (Required for inmates in Type II and III facilities (excluding "special use" cells) and inmate workers in Type I facilities.) X Contain 35 square feet of floor area per inmate, exclusive of 3 foot wide corridors in front of cells/rooms 2-99: Deleted 3 foot corridor in front of cells/rooms 3776 Orange Westminster PD TH PHY 20-22 - 2 - A383 PHY Type 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Contain tables and seating to accommodate the maximum number of inmates allowed access at a given time. (Note 2001 revisions added reference to access at a given time X and are the least restrictive standard.) Visiting Space (2.18) X There is sufficient visiting area. Safety Equipment Storage (2.19) Adequate space is provided to store equipment such as fire X extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) A securely lockable janitor’s closet provides sufficient X storage for cleaning implements and supplies and is located within the security area (Type II only). A mop sink is available within the security area (Type II). It may be outside the security area in CH, TH and Types I, X III & IV. Audio or Visual Monitoring (2.22) (Prior to 2005 this was N/A for Type III and IV housing only minimum security inmates. In 2005 applicability was extended to all CH, TH, Type I, II, III and IV facilities regardless of security level.) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic X surveillance is use, it is located primarily in corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option and references to electronic surveillance located primarily in corridors, elevators or points in security perimeter were deleted. Laundry Facilities (2.23) Type IV facilities make provision for washing and drying X personal laundry. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and maintaining X fire and life safety, security, communication and alarm systems. 3776 Orange Westminster PD TH PHY 20-22 - 3 - A383 PHY Type 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Attorney Interview Space (2.26) (NA Type IV) X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; one is provided in every single and double occupancy cell and at the following ratio elsewhere: 1:10 in dormitories (changed from 1:8 in 2001); 1:8 in detoxification/sobering cells; X 1:16 in holding cells; 1:20 in exercise areas; and, Accessible to dayroom occupants no specified ratio. 2-99: Accessible at no specified ratio in exercise areas See regulation for calculations of urinal substitutions. Wash basins (3.2) Provide hot and cold or tempered water; one is provided in every single and double occupancy cell and at the following ratio elsewhere: 1:10 in dormitories (changed from 1:8 in 2001); 1:8 in detoxification/sobering cells; X 1:20 in exercise areas; and, Accessible to dayrooms at no specified ratio. 2-99: Accessible in exercise areas at no specified ratio See regulation for calculations of wash basin trough substitutions. Drinking Fountains (3.3) One is provided in every single and double occupancy cell and in dormitories. Accessible to inmates in dayrooms 2-99: One is provided in every single and double X occupancy cell, holding and staging cells and detoxification cells. It must be accessible to inmates in dayrooms and exercise areas. The water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler). There is a mouth guard on the water outlet. X 2-99: Mouth guard requirement deleted 3776 Orange Westminster PD TH PHY 20-22 - 4 - A383 PHY Type 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Showers (3.4) Available at a ratio of 1:20; provide hot and cold or tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and X soap so that they may be easily cleaned. 2-99: Ratio changed from 1:16; specified that shower areas must provide modesty for inmates, with staff ability to supervise. Beds/Bunks (3.5) 30 x 80. At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type or concrete; X securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Lighting (3.6) Lighting in housing units, dayrooms and activity areas is sufficient to permit easy reading by a person with normal vision, and is not less than 20 foot-candles at desk level and in the grooming area. Night lighting is sufficient for X purposes of supervision. Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design in areas higher than minimum security. Windows (3.7) In housing areas higher than minimum security, windows X that are accessible to inmates are no greater than 5 inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and everything on them X are padded. All padded cells are equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; X firmly bonded to all surfaces; and, without exposed seams. Mirrors/Shelves/Clothes Hooks (3.9) X A mirror of a material appropriate to the level of security is provided near each wash basin. 3776 Orange Westminster PD TH PHY 20-22 - 5 - A383 PHY Type 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Consistent with security needs, shelves and clothes hooks are provided wherever feasible. X 2-99: Requirement for shelves and hooks deleted Clothes hooks are of a collapsible hook type 2-99: Requirement for hooks deleted X Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per X inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) (NA type IV and Minimum Security Facilities) A secure weapons locker is located outside the security X perimeter of the facility and no weapons are brought into the security area. Lockers have individual compartments, locks and keys. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note X areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 3776 Orange Westminster PD TH PHY 20-22 - 6 - A383 PHY Type 94 99 01 05.dot (8/05) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 3776 FACILITY: Westminster Police Department TYPE: TH RC: 32 Built as IJ FIELD REPRESENTATIVE: Michael J. Bush DATE: 07/15/2021 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Intake 118 H 2005 1 (16) (16) 18.5 x 10.6 x 8.8 1 1 1 Bench space = 360 inches. Booking Sober 2005 3 (3) (9) 11.0 x 7.0 x 8.8 1 1 1 3 Female 133 D 2005 1 2 2 2 12.0 x 7.0 x 8.8 1 1 1 134 & 135 D 2005 2 2 4 4 11.0 x 6.0 x 8.8 1 1 1 Bunks measure 30 x 80, (4) prisoners if used as temp holding. Rooms can be used for secure juvenile if no adult present. Male 110 & 111 D 2005 2 2 2 4 11 x 7.3 x 8.8 1 1 1 ADA cells. Bunks measure 30 x 80, (4) prisoners if used as temp holding. 112-117 D 2005 6 2 2 12 11.0 x 6.0 x 8.8 1 1 1 Bunks measure 30 x 80, (4) prisoners if used as temp holding. 106 Dorm 2005 1 6 6 6 25.3 x 10.3 x 8.8 1 1 2 119 Dorm 2005 1 4 4 4 18.8 x 8.0 x 8.8 1 1 2 Inmate workers *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. 3776 Orange Westminster PD TH LAS 20-22 - 1 - A360 LAS Adult-05.dot (8/05)