Riverside County, Desert Hot Springs Police Department (2018-2020 inspection cycle)

July 14, 2020 Jim Henson, Chief of Police Desert Hot Springs Police Department 65950 Pierson Blvd. Desert Hot Springs, CA 92263 2018 - 2020 BIENNIAL INSPECTION OF DESERT HOT SPRINGS POLICE DEPARTMENT, PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Henson: On June 12, 2020, pursuant to Penal Code Section 6031.1 Welfare and Institutions Code Section 209, BSCC staff completed the 2018/2020 Biennial inspection of the Desert Hot Springs Police Department Temporary Holding Facility via a desk audit and telephonic interview with facility administration. An in-person pre-inspection briefing was held April 2, 2019. 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. In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the separation requirements of juveniles from incarcerated adults. Due to the coronavirus pandemic and the issuance of statewide and local shelter in place orders, BSCC staff are prohibited from traveling and unable to complete on-site inspection 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 (where available). BSCC staff intend to conduct a comprehensive on-site inspection of all local detention facilities as soon as travel restrictions are lifted. The following documentation was reviewed: • Desert Hot Springs Police Department Policy Manual • Desert Hot Springs Police Department staff training records • Staffing Plan • 2019 Local Health Inspections 4030 Riverside Desert Hot Springs THF LTR 18-20 Chief Henson DHSPD THF Page 2 • 2019 Fire Inspection • 2019 Fire and Life Inspections • 2019 Cell/Safety Inspections • 2019 Security Review • Classifications and Medical Screenings • Minors in Detention Secure and Non- Secure Logs The BSCC inspection report consists of this transmittal letter and the attached Title 15 Procedures Checklist. Your staff noted no changes have been made to your physical plant from the previous inspection; however, technical assistance was provided regarding the conversion of the sobering cell to a holding cell. Please see below for more information. Your Living Area Space Evaluation (LASE) and your Physical Plant (PHY) is being provided for your information only. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facility. Each of the local inspections were current with no corrective action required. Local Inspection Dates Fire and Life Safety January 16, 2019 and January 30, 2019 Medical and Mental Health June 18, 2019 Nutritional Health June 18, 2019 Environmental Health June 18, 2019 Title 15, CCR Evaluation Our evaluation consisted of reviewing only those policies and procedures that relate specifically to the applicable regulations included in Title 15, CCR.1 At inspection, we found policy areas that needed to be reviewed and revised to be consistent with regulatory expectations and procedural areas needing to be updated. All regulatory areas have been addressed prior to the writing of this report. All policy and procedure areas are now current and consistent with regulatory expectations and operations; there are no outstanding items of noncompliance. Please refer to the Procedures Checklist for detailed information. 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. 4030 Riverside Desert Hot Springs THF LTR 18-20 Chief Henson DHSPD THF Page 3 Title 24, CCR Physical Plant There were no changes made to the physical plant (per Administration) since the last BSCC biennial inspection; however, it was noted that the sobering cell was no longer being utilized. Technical assistance and specific direction was provided regarding the process to convert the sobering cell space to a holding cell. Until that time, the sobering cell will not be used as a regular holding cell. Upon completion, the facility administrator will contact us for review to ensure compliance with Title 24. We found no areas of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. The agency provided their Juvenile Policy and Procedure for our review and all regulatory requirements are noted in the policy. Youth are held in both secure and non-secure detention and while there were some violations noted, we found they were from the same arrest and were all reported as required. Technical assistance was provided, and corrective action was initiated in that all staff were provided with refresher training at the direction of the facility commander. This concludes the 2018-2020 biennial inspection cycle report of the Temporary Holding Facility. We would like to express our gratitude to Commander Pickett and we look forward to working together in the future. If you should have any questions, please contact me at (916) 322-1638 or email at lisa.southwell@bscc.ca.gov. Sincerely, Lisa Southwell Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Desert Hot Springs * City Council Chair, City of Desert Hot Springs * Grand Jury Foreperson, County of Riverside * Presiding Judge, County of Riverside* * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 4030 Riverside Desert Hot Springs THF LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4030 FACILITY NAME: FACILITY TYPE: Desert Hot Springs Police Department Temporary Holding Facility PERSON(S) INTERVIEWED: Corinn Pickett, Commander FIELD REPRESENTATIVE: DATE: Lisa Southwell June 12, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Desert Hot Springs Police Department Policy HOLDING FACILITY TRAINING Manual Section 900.14: Training Custodial personnel who supervise inmates in, and All staff have been trained. All staff and supervisors of, a Court Holding or Temporary Holding supervisors have completed an 8-hour, facility shall complete 8 hours of specialized training. Such Temporary Holding Facility training. 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 Desert Hot Springs Police Department Policy any event not more than six months after the date of assigned Manual Section 900.14: Training responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ All staff have completed training. 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 Desert Hot Springs Police Department Policy every two years. Successful completion of the requirements Manual Section 900.14: Training in Section 1025, Continuing Professional Training may be All staff have completed refresher training. ☒ ☐ ☐ substituted for the eight-hour refresher. Training was held in September and October 2018. Agency is due for refresher training in 2020. 1027 NUMBER OF PERSONNEL Desert Hot Springs Police Department Policy Manual Section 900.3.3: Staffing Plan A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and Staffing appears appropriate based on operation of the programs and activities required by these documentation reviewed. 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. 4030 Riverside Desert Hot Springs 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 Desert Hot Springs Police Department Policy least one employee on duty at all times in a local detention Manual Section 900.3.2: Supervision in facility or in the building which houses a local detention Temporary Custody facility who shall be immediately available and accessible to inmates in the event of an emergency. ☒ ☐ ☐ Arresting officers are responsible for the supervision of their prisoner. Staff will generally stay with the prisoner in the facility; but if they must leave to another location within the building, Such an employee shall not have any other duties which Desert Hot Springs Police Department Policy would conflict with the supervision and care of inmates in Manual Section 900.3.2: Supervision in the event of an emergency. Temporary Custody The agency’s manual states the member responsible “should not have duties that could unreasonably conflict with his/her supervision.” This language is inconsistent with the language of the regulation. The regulation language is ☒ ☐ ☐ specific to ensure adequate supervision for the safety and security of the prisoners in the event of an emergency. Per the facility administrator, there were no emergencies during the cycle. When officers are tasked with the supervision of a prisoner and have any other duty(ies) that conflict with their supervision in the event of an emergency, during those times, the agency would be non-compliant. Whenever one or more female inmates are in custody, there Desert Hot Springs Police Department Policy shall be at least one female employee who shall be Manual Section 900.3.2: Supervision in immediately available and accessible to such females. Temporary Custody Note: Reference PC§ 4021. The agency’s manual states “At least one female member “should be present when a female adult is in temporary custody. In the event that none is readily available, the female in custody should be transported to another facility or released ☒ ☐ ☐ pursuant to another lawful process. This language is inconsistent with the language of the regulation. The regulation language is specific to ensure adequate supervision for the safety and security of female prisoners. When a female prisoner is in custody and there is no female employee immediately available and accessible, during those times, the agency will be non-compliant. To determine if there is a sufficient number of personnel for Desert Hot Springs Police Department Policy a specific facility, the facility administrator shall prepare and Manual Section 900.3.3: Staffing Plan retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☒ Staffing reviewed. Staffing is appropriate. 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. 4030 Riverside Desert Hot Springs 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 1027.5 SAFETY CHECKS Desert Hot Springs Police Department Policy Manual Section 900.10: Holding Cells Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no ☒ ☐ ☐ Safety checks are to be completed every 60 more than a 60-minute lapse between safety checks. minutes. A review of documentation found checks to be completed as required by regulation requirements. There is a written plan that includes the documentation of Desert Hot Springs Police Department Policy routine safety checks. Manual Section 900.10: Holding Cells ☒ ☐ ☐ Safety Checks are documented on the agencies Jail Inspection Log. 1028 FIRE AND LIFE SAFETY STAFF Desert Hot Springs Police Department Policy Manual Section 900.3.3: Staffing Plan Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training There is always one person on duty who meets standards established by the BSCC for general fire and life this requirement. New officers do not supervise safety. (Penal Code section 6030[e]) prisoners alone until they are trained. The facility manager shall ensure that there is at least one Desert Hot Springs Police Department Policy person on duty who trained in fire and life safety procedures Manual Section 900.3.3: Staffing Plan ☒ ☐ ☐ that relate specifically to the facility. All staff have been trained. 1029 POLICY AND PROCEDURES MANUAL 2 Desert Hot Springs Police Department (DHSPD) initially provided their policy and procedure manual dated 04/22/2020 for our review. Policy Facility administrator(s) shall develop and publish a manual updates were made with the last corrections and of policy and procedures for the facility. The policy and updates made prior to the writing of this report procedures manual shall address all applicable Title 15 and 06/08/2020. Administrative staff are finalizing Title 24 regulations and shall be comprehensively reviewed the draft policy. Policy is updated and pushed out and updated at least every two years. Such a manual Shall to staff electronically for their review. 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 Desert Hot Springs Police Department Policy communications. Manual Section 200.3: Command Protocol, ☒ ☐ ☐ 200.3.1: Unity of Command, 200.3.2: Orders (2) Inspections and operations reviews by the facility Desert Hot Springs Police Department Policy administrator/manager. Manual Section 900.14: Assigned Administrator • 900.14: Inspections and Operations Review ☒ ☐ ☐ Form inspections are conducted monthly. All others are completed biannually. The on-duty supervisor conducts the weekly inspections and the annual operations review of the facility. All records provided. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4030 Riverside Desert Hot Springs 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 (3) Policy on the use of force. Desert Hot Springs Police Department Policy Manual Section 300: Use of Force ☒ ☐ ☐ Per facility administration, the agency’s Use of Force policy is applicable to THF operations and to all officers who supervise prisoners in the facility. (4) Policy on the use of restraint equipment, including the See Section 1058: Restraints and 1058.5: restraint of pregnant inmates as referenced in Penal Code ☐ ☐ ☒ Restraints and Pregnant Persons Section 3407. (5) Procedure and criteria for screening newly received Desert Hot Springs Police Department Policy inmates for release per Penal Code sections 849(b)(2) and Manual Section 420.3 Release by Citation, ☒ ☐ ☐ 853.6, and any other such processes as the facility 420.3.1: Field Citations administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, Desert Hot Springs Police Department Policy Manual Section 900.5.1: Temporary Custody Logs ☒ ☐ ☐ All persons who come into the temporary holding facility are logged into the custody log. All pertinent information including prisoner name, identifying information, time of arrival and departure, etc. is included. (B) searches of the facility and inmates, Desert Hot Springs Police Department Policy Manual Sections 900.10: Holding Cells and 902: Custodial Searches ☒ ☐ ☐ All cells are searched before and after a person is placed in a cell. Each arrestee is searched by officers before placing them into the holding cell. (C) contraband control, and, Desert Hot Springs Police Department Policy Manual Sections 900.10: Holding Cells, 902 Custodial Searches and 902.4: Searches at Police Facilities ☒ ☐ ☐ Cells are searched before and after a person is placed in a cell. Arrestees are searched by officers before placing them into the cells. (D) key control. Desert Hot Springs Police Department Policy Manual Sections 900.14: Assigned ☒ ☐ ☐ Administrator • 900.14(b): Key Control Each facility administrator shall, at least annually, review, Desert Hot Springs Police Department Policy evaluate, and make a record of security measures. The review Manual Sections 900.14: Assigned and evaluation shall include internal and external security ☒ ☐ ☐ Administrator measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: See Regulation 1032 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; 4030 Riverside Desert Hot Springs 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 (B) escape, disturbances, and the taking of hostages; Desert Hot Springs Police Department Policy Manual Sections 900.14: Assigned Administrator ☒ ☐ ☐ • 900.14e: Escape • 900.14j: Civil and other Disturbances including Hostage Situations (C) mass arrests; Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Sections 900.12: Mass Arrests (D) natural disasters; Desert Hot Springs Police Department Policy Manual Sections 900.14: Assigned Administrator • 900.14(h): Disaster Plans ☒ ☐ ☐ Officers will evacuate the facility in the event of a natural disaster. All prisoners will either be released or will be transferred to Riverside County Jail. (E) periodic testing of emergency equipment; and, Desert Hot Springs Police Department Policy Manual Sections 900.14: Assigned Administrator • 900.14k: Periodic Testing of ☒ ☐ ☐ Emergency Equipment Emergency equipment is tested daily during facility inspections. (F) storage, issue, and use of weapons, ammunition, Desert Hot Springs Police Department Policy chemical agents, and related security devices. Manual Section 900.5.7: Firearms and Other Security Measures ☒ ☐ ☐ Firearms and other weapons/ammunition or control devices are not permitted within the secure area of the THF. (8) Suicide Prevention. ☒ ☐ ☐ See Section 1030 (9) Segregation of Inmates. ☒ ☐ ☐ See Section 1053 (10) Zero tolerance in the prevention of sexual abuse and Desert Hot Springs Police Department Policy ☒ ☐ ☐ sexual harassment. Manual Section 904.2: PREA Policy (11) Policy and procedure to detect, prevent, and respond Desert Hot Springs Police Department Policy to retaliation against any staff or inmate after reporting Manual Sections: any abuse. • 904.4: Reporting Sexual Abuse, Harassment and Retaliation ☒ ☐ ☐ • 904.4.1: Member Responsibilities • 904.4.2: Watch Commanders Responsibilities • 904.5: Investigations (e) The manual for Temporary Holding, Court Holding, Desert Hot Springs Police Department Policy Type I, II, III, and IV facilities shall provide for, but not be Manual Section 904.4: Reporting Sexual Abuse, limited to, the following: Harassment and Retaliation (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ PREA signs are posted outside the jail for staff inmates or staff for reporting sexual abuse and sexual view and inside the jail for prisoner view. harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, 4030 Riverside Desert Hot Springs 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 (2) a method for uninvolved inmates, family, Desert Hot Springs Police Department Policy community members, and other interested third parties Manual Section 904.4.1: Member to report sexual abuse or sexual harassment. The Responsibilities method for reporting shall be publicly posted at the ☒ ☐ ☐ facility. PREA signs are posted in the lobby for the benefit of the public and for third party reporting instruction. 1030 SUICIDE PREVENTION PROGRAM The facility Shall have a comprehensive written suicide prevention program developed by the facility administrator, in conjunction with the health authority and mental health ☒ ☐ ☐ director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program Shall include the following: (a) Suicide prevention training for all staff that have direct Desert Hot Springs Police Department Policy contact with inmates. Manual Section 900.14: Training ☒ ☐ ☐ All staff are trained in suicide prevention training during required training. (b) Intake screening for suicide risk immediately upon Desert Hot Springs Police Department Policy intake and prior to housing assignment. Manual Section 900.4: Initiating Temporary Custody, 900.4.1: Screening and Placement ☒ ☐ ☐ All prisoners are screened for suicide risk as part of the intake medical screening. Documentation reviewed showed compliance with regulation. If prisoners exhibit any signs or report to be suicidal, they are taken directly to the hospital. (c) Provisions facilitating communication among Desert Hot Springs Police Department Policy arresting/transporting officers, facility staff, medical and Manual Section 900.4: Initiating Temporary mental health personnel in relation to suicide risk. Custody and 900.4.1: Screening and Placement ☒ ☐ ☐ Officer screen individuals for medical and suicidal risks. The Watch Commander is notified of anything significant to ensure the prisoners safety. (d) Housing recommendations for inmates at risk of suicide. Desert Hot Springs Police Department Policy Manual Section 900.4: Initiating Temporary Custody ☒ ☐ ☐ The agency Watch Commander will determine appropriate housing based on the information received. (e) Supervision depending on level of suicide risk. Desert Hot Springs Police Department Policy Manual Section 900.4.1: Inmates Who Should Not Be in Temporary Custody ☒ ☐ ☐ Staff provide continuous direct supervision until evaluation, release, or transfer can occur. (f) Suicide attempt and suicide intervention policies and Desert Hot Springs Police Department Policy ☒ ☐ ☐ procedures. Manual Section 900.10: Holding Cells (g) Provisions for reporting suicides and suicides attempts. Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 900.11: Suicide Attempt, Death, or Serious Injury 4030 Riverside Desert Hot Springs 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 (h) Multi-disciplinary administrative review of suicides and Desert Hot Springs Police Department Policy attempted suicides as defined by the facility ☒ ☐ ☐ Manual Section 900.11: Suicide Attempt, Death, administrator. or Serious Injury 1032 FIRE SUPPRESSION PREPLANNING Desert Hot Springs Police Department Policy Manual Section 900.14: Assigned Administrator Pursuant to Penal Code Section 6031.1(b), the facility • 900.14(g): Fire and Life Safety 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 Desert Hot Springs Police Department Policy department to be included as part of the policy and procedures Manual Section 900.14: Assigned Administrator ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section • 900.14(g): Fire and Life Safety 1029); (b) regular fire prevention inspections by facility staff on a Desert Hot Springs Police Department Policy monthly basis with two-year retention of the inspection Manual Section 900.14: Assigned Administrator record; ☒ ☐ ☐ • 900.14(g): Fire and Life Safety Completed as required by facility administrator. (c) fire prevention inspections as required by Health and Desert Hot Springs Police Department Policy Safety Code Section 13146.1(a) and (b) which requires Manual Section 900.14: Assigned Administrator inspections at least once every two years; • 900.14(g): Fire and Life Safety ☒ ☐ ☐ Completed January 16, 209 with corrections needed. These corrections were completed on January 30, 2019 and clearance granted (d) an evacuation plan; and, Desert Hot Springs Police Department Policy Manual Section 900.14: Assigned Administrator • 900.14(g): Fire and Life Safety ☒ ☐ ☐ Evacuation signs are posted within the facility per facility commander. (e) a plan for the emergency housing of inmates in the case of Desert Hot Springs Police Department Policy fire. Manual Section 900.14: Assigned Administrator • 900.14(g): Fire and Life Safety ☒ ☐ ☐ Prisoners would be transported to Riverside County Jail for emergency housing. 1044 INCIDENT REPORTS Desert Hot Springs Police Department Policy Manual Section 900.5.8: Reporting Physical Harm or Serious Threat of Physical Harm 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 ☒ ☐ ☐ All incident reports would be written as a serious threat of physical harm, to an employee or inmate of supplemental to the original crime report and a detention facility or other person. maintained with those records. No incident reports to review. Such records shall include the names of the persons Desert Hot Springs Police Department Policy involved, a description of the incident, the actions taken, and Manual Section 900.5.8: Reporting Physical ☒ ☐ ☐ the date and time of the occurrence. Harm or Serious Threat of Physical Harm 4030 Riverside Desert Hot Springs 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 Such a written record shall be prepared by the staff assigned Desert Hot Springs Police Department Policy to investigate the incident and submitted to the facility Manual Section 900.5.8: Reporting Physical ☒ ☐ ☐ manager or his/her designee. Harm or Serious Threat of Physical Harm 1046 DEATH IN CUSTODY Desert Hot Springs Police Department Policy Manual Section 900.11: Suicide Attempt, Death, or Serious Injury (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 Desert Hot Springs Police Department Policy clinical care; whether changes to policies, procedures, or Manual Section 900.11: Suicide Attempt, Death, ☒ ☐ ☐ practices are warranted; and to identify issues that require or Serious Injury further study. (b) Death of a Minor Desert Hot Springs Police Department Policy In any case in which a minor dies while detained in a jail, Manual Section 324.12(h): Suicide Attempt, lockup, or court holding facility: Death, or Serious Injury of a Juvenile (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 Desert Hot Springs Police Department Policy administrator, the Board may within 30 calendar days Manual Section 324.12: Suicide Attempt, Death, inspect and evaluate the jail, lockup, or court holding or Serious Injury of a Juvenile ☒ ☐ ☐ 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 Desert Hot Springs Police Department Policy Manual Section 900.4.1: Screening and Placement (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 Reviewed classification documentation housing units and activities according to the categories of sex, provided. All were completed as required by age, criminal sophistication, seriousness of crime charged, regulation. 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.) 4030 Riverside Desert Hot Springs TH PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding whether to assign an inmate to a housing area Desert Hot Springs Police Department Policy for male or female inmates, and in making other housing and Manual Section 906: Segregation of Inmates programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ Inmates are asked during their intake interview inmate's health and safety, and whether the placement would if there is any reason why someone would want present management or security problems. An inmate's own to hurt them while in jail. views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES Desert Hot Springs Police Department Policy Manual Section 900.3.1: Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require Any person who is suspected of having a segregation of an inmate until a medical evaluation is communicable disease or illness, will be completed. transported directly to the county jail or to a medical facility. At the time of intake into the facility, an inquiry shall be Desert Hot Springs Police Department Policy made of the person being booked as to whether or not he/she Manual Section 900.4: Initiating Temporary has or has had any communicable diseases, such as Custody tuberculosis or has observable symptoms of tuberculosis or any other communicable diseases, or other special medical ☒ ☐ ☐ All arrestees are screened using the Intake problem identified by the health authority. The response Health Screening form at intake. We reviewed shall be noted on the booking form and/or screening device. multiple randomly pulled screening forms and those reviewed were found to be completed as required. 1052 MENTALLY DISORDERED INMATES Desert Hot Springs Police Department Policy The facility administrator, in cooperation with the Manual Section 900.3.1: Individuals Who responsible physician, shall develop written policies and Should Not Be in Temporary Custody procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. Facility policy states that mentally disordered ☒ ☐ ☐ inmates should not be in custody unless they have been evaluated by a qualified medical or mental health professional. When a mentally disordered inmate is brought into the facility without being evaluated first, during those times, the agency is non-compliant. If an evaluation from medical or mental health staff is not Desert Hot Springs Police Department Policy readily available, an inmate shall be considered mentally Manual Section 900.3.1: Individuals Who disordered for the purpose of this section if he or she appears Should Not Be in Temporary Custody to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ Per policy, these individuals should not be in custody unless evaluated by a medical or mental An evaluation from medical or mental health staff shall be health professional. They should be transported secured within 24 hours of identification or at the next daily to County Jail. sick call, whichever is earliest. Segregation may be used if necessary, to protect the safety Desert Hot Springs Police Department Policy ☒ ☐ ☐ of the inmate or others. Manual Section 900.6: Segregation of Inmates 4030 Riverside Desert Hot Springs TH PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION Desert Hot Springs Police Department Policy Except in Type IV facilities, each facility administrator shall Manual Section 900.6: Segregation of Inmates 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 Desert Hot Springs Police Department Policy secure housing but shall not involve any other deprivation of Manual Section 900.6: Segregation of Inmates ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL There is no Safety Cell at the Desert Hot Springs Police Department. The remainder of this section is marked as Not Applicable (NA). The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 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. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention Shall be reviewed a minimum of every four hours. A medical assessment Shall be completed within a maximum of 12 hours of placement in the safety cell or at ☐ ☐ ☒ the next daily sick call, whichever is earliest. The inmate Shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff Shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which Shall be secured within 12 hours of placement. Direct visual observation Shall be conducted at least twice every thirty minutes. Such observation Shall be documented. ☐ ☐ ☒ Procedures Shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 4030 Riverside Desert Hot Springs TH PRO 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL Desert Hot Springs Police Department Policy Manual Section 900.10.1: Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a Agency has a sobering cell; however, have not threat to their own safety or the safety of others due to their used the cell. All records reviewed noted the cell state of intoxication and pursuant to written policies and ☐ ☐ ☒ has not been used this cycle. Sobering cell procedures developed by the facility administrator. policy has been removed from policy and agency will be working towards renovating the space to a holding cell. Technical assistance has been provided and we will continue to provide assistance as requested. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED Desert Hot Springs Police Department Policy INMATES Manual Section 900.3.1: Individuals Who The facility administrator, in cooperation with the should Not Be in Temporary Custody responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate Facility policy states that developmentally classification and housing, protection, and ☒ ☐ ☐ disabled inmates should not be in custody unless nondiscrimination of all developmentally disabled inmates. they have been evaluated by a qualified medical or mental health professional. When a developmentally disabled inmate is brought into the facility without being evaluated first, during those times, the agency is non-compliant. The health authority or designee shall contact the regional Completed at the County Jail. 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 Desert Hot Springs Police Department Policy Manual Section 900.7: Use of Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this Desert Hot Springs Police Department Policy regulation, at a minimum, the policy shall address the ☒ ☐ ☐ Manual Section 306: Handcuffing and Restraints following areas: and Section 900.7: Use of Restraint Devices signs or symptoms which should result in immediate Desert Hot Springs Police Department Policy ☒ ☐ ☐ medical/mental health referral; Manual Section 900.7: Use of Restraint Devices 4030 Riverside Desert Hot Springs TH PRO 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS availability of cardiopulmonary resuscitation equipment; Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 900.7: Use of Restraint Devices protective housing of restrained persons; Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 900.7: Use of Restraint Devices provision for hydration and sanitation needs; and Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 900.7: Use of Restraint Devices exercising of extremities. Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 900.7: Use of Restraint Devices In no case shall restraints be used for punishment or as a Desert Hot Springs Police Department Policy ☒ ☐ ☐ substitute for treatment. Manual Section 900.7: Use of Restraint Devices Restraint devices shall only be used on inmates who display Desert Hot Springs Police Department Policy behavior which results in the destruction of property or Manual Section 900.7: Use of Restraint Devices reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☒ ☐ ☐ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval Desert Hot Springs Police Department Policy of the facility manager, the facility watch commander, Manual Section 900.7: Use of Restraint Devices ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be Desert Hot Springs Police Department Policy ☒ ☐ ☐ secured within one hour from the time of placement. Manual Section 900.7: Use of Restraint Devices A medical assessment shall be completed within four hours Desert Hot Springs Police Department Policy ☒ ☐ ☐ of placement. Manual Section 900.7: Use of Restraint Devices If the facility manager, or designee, in consultation with Desert Hot Springs Police Department Policy responsible health care staff determines that an inmate Manual Section 900.7: Use of Restraint Devices cannot be safely removed from restraints after eight hours, ☒ ☐ ☐ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice Desert Hot Springs Police Department Policy every thirty minutes to ensure that the restraints are properly Manual Section 900.7: Use of Restraint Devices ☒ ☐ ☐ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone Desert Hot Springs Police Department Policy or in a specified housing area for restrained inmates which ☒ ☐ ☐ Manual Section 900.7: Use of Restraint Devices makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of Desert Hot Springs Police Department Policy handcuffs, shackles or other restraint devices when used to Manual Section 900.7: Use of Restraint Devices restrain inmates for security reasons. ☒ ☐ ☐ 1058.5 RESTRAINTS AND PREGNANT INMATES Desert Hot Springs Police Department Policy Manual Section 900.7.1 Pregnant Adults 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: 4030 Riverside Desert Hot Springs TH PRO 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) An inmate known to be pregnant or in recovery after Desert Hot Springs Police Department Policy delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ Manual Section 900.7.1 Pregnant Adults waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in Desert Hot Springs Police Department Policy recovery after delivery, shall not be restrained by the Manual Section 900.7.1 Pregnant Adults ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional Desert Hot Springs Police Department Policy who is currently responsible for the medical care of a Manual Section 900.7.1 Pregnant Adults 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 Desert Hot Springs Police Department Policy shall be advised, orally or in writing, of the standards ☒ ☐ ☐ Manual Section 900.7.1 Pregnant Adults and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE Desert Hot Springs Police Department Policy Manual Section 900.5.5: Telephone Calls The facility administrator shall develop written policies and procedures which allow reasonable access to a telephone ☒ ☐ ☐ At least three initial calls are provided no later beyond those telephone calls which are required by Section than three hours after arrest. Additional 851.5 of the Penal Code. reasonable and necessary calls may be made as requested. 1068 ACCESS TO COURTS AND COUNSEL Desert Hot Springs Police Department Policy Manual Sections 900.5.2 Temporary Custody The facility administrator shall develop written policies and ☒ ☐ ☐ Requirements, 900.5.5: Telephone Calls and 900.5.9: Attorneys and Bail Bondsmen 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 Prisoners are not generally in the THF long regulations, and, ☒ ☐ ☐ enough to request for mail; however, if they ask, staff will let them write letters. (b) confidential consultation with attorneys. Desert Hot Springs Police Department Policy Manual Sections 900.5.2: Temporary Custody ☒ ☐ ☐ Requirements and 900.5.9: Attorneys and Bail Bondsmen 1080 RULES AND DISCIPLINARY PENALTIES Desert Hot Springs Police Department Policy Manual Section 900.5.10: Discipline Wherever discipline is administered, each facility ☒ ☐ ☐ administrator shall establish written rules and disciplinary Discipline is not administered at the facility. The penalties to guide inmate conduct. remainder of this section is marked as Not Applicable (NA). Such rules and disciplinary penalties shall be stated simply and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 4030 Riverside Desert Hot Springs TH PRO 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR INMATE DISCIPLINE Desert Hot Springs Police Department Policy Manual Section 900.5.10: Discipline If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, Discipline is not administered at the facility. The 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ remainder of this section is marked as Not Applicable (NA). Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate, or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 4030 Riverside Desert Hot Springs TH PRO 18-20 - 14 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The inmate shall be advised in a written statement by the factfinders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE Desert Hot Springs Police Department Policy Manual Section 900.5.10: Discipline The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule Discipline is not administered at the facility. The infraction. Acceptable forms of discipline shall consist of, remainder of this section is marked as Not but not be limited to, the following: Applicable (NA). (a) Loss of privileges. (b) Extra work detail. ☒ ☐ ☐ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY Desert Hot Springs Police Department Policy ACTIONS Manual Section 900.5.10: Discipline The Penal Code and the State Constitution expressly Discipline is not administered at the facility. The prohibit all cruel and unusual punishment. Additionally, remainder of this section is marked as Not there shall be the following limitations: Applicable (NA). (a) If an inmate is on disciplinary separation status for 30 ☒ ☐ ☐ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 4030 Riverside Desert Hot Springs TH PRO 18-20 - 15 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Desert Hot Springs Police Department Policy Manual Section 900.5.10: Discipline Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered, ☒ ☐ ☐ Discipline is not administered at the facility. The therefore. This requirement may be satisfied by retaining remainder of this section is marked as Not copies of rule violation reports and report of the disposition Applicable (NA). of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☒ ☐ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial ☒ ☐ inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes 4030 Riverside Desert Hot Springs TH PRO 18-20 - 16 - A351 TH PRO eff. 1/2019 (18-20).dot 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. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A Desert Hot Springs Police Department Policy MINOR IN AN ADULT DETENTION Manual Section 324.12: Suicide Attempt, Death, FACILITY or Serious Injury of a Juvenile. ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES Desert Hot Springs Police Department Policy Manual Section 324: Temporary Custody of The facility administrator shall develop written policies and ☒ ☐ ☐ Juveniles procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 324.3.2: Suicide Prevention of Juveniles in Custody (b) use of restraints; Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 324.9: Use of Restraint Devices (c) emergency medical assistance and services; and, Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 324.3.1: Emergency Medical Care of Juveniles in Custody (d) prohibiting use of discipline. Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 324.8(o): Temporary Custody Requirements 1143 CARE OF MINORS IN TEMPORARY Desert Hot Springs Police Department Policy CUSTODY Manual Section 324: Temporary Custody of ☒ ☐ ☐ Juveniles (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 324.8 (e) (2) one snack upon request during term of temporary Desert Hot Springs Police Department Policy custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ Manual Section 324.8(f) hours or is otherwise in need of nourishment; (3) access to drinking water; and, Desert Hot Springs Police Department Policy ☒ ☐ ☐ Manual Section 324.8(g) (4) privacy during consultation with family, guardian, Desert Hot Springs Police Department Policy ☒ ☐ ☐ and/or lawyer. Manual Section 324.8 (i) (5) blankets and clothing, as necessary, to assure the Desert Hot Springs Police Department Policy ☒ ☐ ☐ comfort of the minor; and, Manual Section 324.8(k) 4030 Riverside Desert Hot Springs TH PRO 18-20 - 17 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (6) his or her personal clothing unless the clothing is Desert Hot Springs Police Department Policy inadequate, presents a health or safety problem, or is ☒ ☐ ☐ Manual Section 324.8(j) required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND Desert Hot Springs Police Department Policy ADULT PRISONERS Manual Section 324.7: No-Contact Requirements ☒ ☐ ☐ The facility administrator shall establish policies and Sight and sound separation between minors and procedures to restrict contact, as defined in Section 1006, adults and between non-offenders/status between minors and adults confined in the facility. offenders and 602 juveniles. In situations where brief or accidental contact may occur, Desert Hot Springs Police Department Policy such as booking or facility movement, facility staff (trained Manual Section 324.7: No-Contact Requirement in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY Desert Hot Springs Police Department Policy Manual Section 324.11: Secure Custody A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a Desert Hot Springs Police Department Policy serious security risk of harm to self or others, the officer may Manual Section 324.11(a): Secure Custody ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was Desert Hot Springs Police Department Policy ☒ ☐ ☐ taken into custody; Manual Section 324.11(b): Secure Custody (c) minor's behavior, including the degree to which the Desert Hot Springs Police Department Policy ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Manual Section 324.11(c): Secure Custody (d) the availability of staff to provide adequate Desert Hot Springs Police Department Policy ☒ ☐ ☐ supervision or protection of the minor; and, Manual Section 324.11(d): Secure Custody (e) the age, type, and number of other individuals who Desert Hot Springs Police Department Policy ☒ ☐ ☐ are detained in the facility. Manual Section 324.11(e): Secure Custody 1146 CONDITIONS OF SECURE CUSTODY Desert Hot Springs Police Department Policy Manual Section 324.11: Secure Custody While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 4030 Riverside Desert Hot Springs TH PRO 18-20 - 18 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1147 SUPERVISION OF MINORS IN SECURE Desert Hot Springs Police Department Policy CUSTODY INSIDE A LOCKED Manual Section 324.11.1: Locked Enclosures ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; Desert Hot Springs Police Department Policy ☒ ☐ ☐ and, Manual Section 324.11.1(a): Locked Enclosures (2) safety checks, as defined in Section 1006, of the Desert Hot Springs Police Department Policy minor by staff of the law enforcement facility, at Manual Section 324.11.1(d): Locked Enclosures least once every 30 minutes, which shall be Regulation requires safety checks to be completed documented. every 30 minutes however, agency policy ☒ ☐ ☐ required checks to be completed every 15 minutes. Documentation noted checks are completed every 30 minutes which is inconsistent with policy. Technical assistance provided, suggesting address this issue. (b) Males and females shall not be placed in the same Desert Hot Springs Police Department Policy locked room unless under constant direct visual ☒ ☐ ☐ Manual Section 324.11.1(e) observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE Desert Hot Springs Police Department Policy CUSTODY OUTSIDE OF A LOCKED Manual Section 324.11: Secure Custody ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant Desert Hot Springs Police Department Policy direct visual observation to assure the minor's safety while ☒ ☐ ☐ Manual Section 324.11: Secure Custody secured to a stationary object. Securing minors to a stationary object for longer than 60 Desert Hot Springs Police Department Policy minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ Manual Section 324.11: Secure Custody approved by a supervisor. The decision for securing a minor to a stationary object for Desert Hot Springs Police Department Policy longer than 60 minutes, and every 30 minutes thereafter shall Manual Section 324.11: Secure Custody ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE Desert Hot Springs Police Department Policy CUSTODY Manual Section 324.4: Custody of Juveniles Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 4030 Riverside Desert Hot Springs TH PRO 18-20 - 19 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1150 SUPERVISION OF MINORS IN NON- Desert Hot Springs Police Department Policy SECURE CUSTODY Manual Section 324.1.1: Definitions, Non- secure custody and Section 324.6: Juvenile Custody Logs Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF Desert Hot Springs Police Department Policy ANY INTOXICATING SUBSTANCE IN SECURE OR Manual Section 324.3: Juveniles Who Should NON-SECURE CUSTODY Not Be Held Facility administrators shall develop policies and procedures ☒ ☐ ☐ Sub-section (d) Requires approval of the Watch providing that a medical clearance shall be obtained for Commander and Medical Clearance minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room Desert Hot Springs Police Department Policy who display outward signs of being under the influence of Manual Section 324.11.1: Locked Enclosures drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ Policy requires unscheduled safety checks to resolution of the intoxicated state or release. These safety occur no less than every 15 minutes regardless if checks shall be documented, with actual time of occurrence the youth is intoxicated or not. recorded. Supervision of minors in secure custody outside of a locked Desert Hot Springs Police Department Policy room who display outward signs of being under the Manual Section 324.11.: Secure Custody influence of drugs, alcohol or any other intoxicating substance shall be supervised in accordance with Section ☒ ☐ ☐ Policy requires direct supervision if a youth is 1148. handcuffed to a fixed object regardless if the youth is intoxicated or not. Supervision of minors in nonsecure custody who display Desert Hot Springs Police Department Policy outward signs of being under the influence of drugs, alcohol Manual Section 324.1.1: Definitions, Non- or any other intoxicating substance shall be supervised in secure custody accordance with Section 1150. ☒ ☐ ☐ Policy requires direct supervision of a youth held in non-secure custody regardless if the youth is intoxicated or not. 4030 Riverside Desert Hot Springs TH PRO 18-20 - 20 - A351 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 4030 FACILITY NAME: Desert Hot Springs Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: X OTHER: FIELD REPRESENTATIVE: Lisa Southwell DATE: June 12, 2020 Completed by Desk Audit TITLE 24 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 Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and X 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) X External to the security area and equipped with individual compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) X Sobering cell taken out of order pending 01: name change to “Sobering Cell” remodel to holding cell- 2018-2020 Cycle. Limited to no more than 8 inmates See notes in LASE. Cell 1 Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to Handrails added, identified during 2012 X provide support inspection. Padding on the floor The padded concrete block bench has been removed. The padding is scheduled to be replaced X (6/19/08) where the bench was removed. Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) N/A No cell of this type in facility, remainder of regulation is deleted. Contain 48 square feet with one floor dimension at least 6 feet 4030 Riverside County Desert Hot Springs PD THF PHY.docx 18-20 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) Locking drawers in cabinet. X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) There is no Audio Monitoring System. X For facilities planned or constructed after 8-86 Janitor Closet (2.20) 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) Available in Station area. X Available 4030 Riverside County Desert Hot Springs PD THF PHY.docx 18-20 - 2 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 4030 FACILITY: Desert Hot Springs Police Department TYPE: THJ BRC: 0 FIELD REPRESENTATIVE: Lisa Southwell DATE: June 12, 2020 Completed by Desk Audit ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds BRC BRC (L x W x H) T U W F S Receiving Holding 1986 1 (4) (4) 10.0 X 6.0 1 1 1 Receiving Holding 1986 1 (4) (4) 10.0 X 6.0 1 1 1 Receiving Sobering 1986 1 (4) (4) 10.0 X 6.0 1 1 1 Historical Notes: In past inspections, cell 1 has been designated as a sobering cell. This cell is designed as a holding cell, and it does not meet the physical plant standards for a sobering cell. Therefore, the cell designation has been changed from a sobering cell to a holding cell. During the June 2008 inspection it was determined that cell number 1 has been modified to meet the requirements of a sobering cell. The bench has been removed and it has been approved and scheduled for the padding to be added to the area where the bench was removed. Further, scheduling has been arranged to add a handrail in the toilet area of the sobering cell, 2008. 2018-2020 Inspection Cycle The facility no longer uses the sobering cell for detox but as a regular holding cell. The cell does not contain all requirements of a holding cell per Title 24 and facility has been notified that the cell cannot be used as a regular holding cell. Technical assistance provided giving direction as to the proper process to change the sobering cell back to a holding cell. Until that time, the space will not be used. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total BRC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 4030 Riverside County Desert Hot Springs PD THF LASE.docx 18-20 - 1 - A360 LAS Adult.dot (03/01)