San Benito County, Detention Facilities (2020-2022 inspection cycle)

April 12, 2021 Sheriff Darren Thompson San Benito County Sheriff’s Office 2301 Technology Parkway Hollister, CA 95023 2020-2022 BIENNIAL INSPECTION OF SAN BENITO COUNTY ADULT DETENTION AND HOLLISTER COURTHOUSE, PENAL CODE 6031 Dear Sheriff Thompson, On April 08, 2021, pursuant to Penal Code Section 6031, BSCC staff completed the 2020- 2022 Biennial Inspection of the San Benito County Adult Detention and the Hollister Courthouse. To prepare for this inspection, a review of policies and documentation was reviewed. 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 California Code of Regulations (CCR). In addition, the BSCC conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) and 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; a Physical Plant Evaluation outlining Title 24 requirements for design; and, a Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for compliance status and evidence used to determine compliance. Local Inspections In addition to a biennial inspection by the BSCC, inspections are 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. Upon receipt of the Medical and Mental Health Inspection, please forward a copy to the BSCC. SAN BENITO COUNTY ADULT DETENTION LOCAL INSPECTIONS Fire and Life Safety 12/27/19 Medical and Mental Health Delayed due to COVID-19 Nutritional Health 02/09/21 Environmental Health 12/16/20 4205+ San Benito II CH LTR 18-20 Sheriff Thompson Page 2 HOLLISTER COURTHOUSE LOCAL INSPECTIONS Fire and Life Safety 12/27/19 Medical and Mental Health Delayed due to COVID-19 Environmental Health 05/14/20 BSCC Inspection The inspection consisted of a review of the San Benito County Sheriff’s Office Custody Manual, the San Benito County Sheriff’s Office Policy Manual, a site visit of both facilities to review operations, physical plant and relevant supporting documentation. The site visit included interviews with inmates, administrative and facility staff. During the inspection access was provided to all inmates and all staff for questions. Appropriate precautions were made due to COVID-19. At the time of inspection, the San Benito County Adult Detention Center was well below its rated capacity of 142. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations in Title 15, CCR.1 San Benito Adult Detention Upon review of the policies and procedures and the on-site inspections, we found no issues of non-compliance. Hollister Courthouse Upon review of the policies and procedures and the on-site inspections, we found no issues of non-compliance. Please see attached procedures checklist for detailed information related to findings of compliance. Title 24, CCR Physical Plant There were no structural changes made to the physical plant since the last BSCC biennial inspection. We found no areas of noncompliance at the San Benito Adult Detention or the Hollister Courthouse. At some point in time, in the San Benito Adult Detention, additional beds were placed in C dorm that were previously unaccounted. The total number of beds was previously listed 1 BSCC does not review all your policies and procedures. We do not “approve” your 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. 4205+ San Benito II CH LTR 18-20 Sheriff Thompson Page 3 at 46. A total of 52 beds were identified during this inspection. The rated capacity of this dormitory is 35. However, at the time of inspection, only 32 inmates were housed in this area. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. Minors are not held at either facility. This concludes the 2020-2022 biennial inspection cycle report of the San Benito County Sheriff’s Office Adult Detention and Hollister Courthouse. We would like to express our gratitude to Captain Tony Lamonica for assistance with the inspection process. We look forward to working with you in the future to provide technical assistance. If you should have any questions, please contact me at (916) 956.1559 or by email at tim.mcwilliams@bscc.ca.gov. Sincerely, TIM MCWILLIAMS Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, San Benito County Board of Supervisors* County Administrator, San Benito County* Presiding Judge, Superior Court, San Benito County* Grand Jury Foreperson, Superior Court, San Benito County* Joseph Danis, Sergeant, San Benito County Sheriff’s Office (electronic copy) * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 4205+ San Benito II CH LTR 18-20 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:4205 FACILITY NAME: San Benito County Jail FACILITY TYPE: II PERSON(S) INTERVIEWED: Captain Tony Lamonica FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/08/2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 SBCSOCM 312 Training (a) In addition to the provisions of California Penal Code Section 312.2 states that full or part time Section 831.5, all custodial personnel of a Type I, II, III, or deputies shall complete the Corrections Officer IV facility shall successfully complete the “Corrections ☒ ☐ ☐ Core Course within one year from date of Officer Core Course” as described in Section 179 of Title assignment. 15, CCR, within one year from the date of assignment. STC has determined that this agency is current with all required training. (b) Custodial Personnel who have successfully completed SBCSOCM 312 Training the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections ☒ ☐ ☐ San Benito County also has a five (5) phase Officer Basic Academy Supplemental Core Course” as development program for new trainees. described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING SBCSOCM 306.4.1 Supervisory Training Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV SBCSOCM 306.4 Training for New Managers jail shall also be required to complete either the STC and Supervisors Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING SBCSOCM 306.4 Training for New Managers and Supervisors Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 1 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING SBCSOCM 304 Continuing Professional Education With the exception of any year that a core training module SBCSOCM 306.4 Training for New Managers is successfully completed, all facility/system administrators, ☒ ☐ ☐ and Supervisors managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual This section also states that Managers shall required training” specified in Section 184 of Title 15, CCR. receive 40 hours of annual training. 1027 NUMBER OF PERSONNEL SBCSOCM 204 Supervision of Inmates – Minimum Requirements A sufficient number of personnel shall be employed in each SBCSOCM 247 Staffing Plan ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. Whenever there is an inmate in custody, there shall be at SBCSOCM 204 Supervision of Inmates – least one employee on duty at all times in a local detention Minimum Requirements 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 SBCSOCM 204 Supervision of Inmates – would conflict with the supervision and care of inmates in ☒ ☐ ☐ Minimum Requirements the event of an emergency. Whenever one or more female inmates are in custody, there SBCSOCM 204 Supervision of Inmates – shall be at least one female employee who shall be Minimum Requirements ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for SBCSOCM 204 Supervision of Inmates – a specific facility, the facility administrator shall prepare and Minimum Requirements retain a staffing plan indicating the personnel assigned in the SBCSOCM 247 Staffing Plan facility and their duties. Such a staffing plan shall be reviewed by the Board staff at the time of their biennial ☒ ☐ ☐ At the time of inspection, a staffing plan was inspection. The results of such a review and reviewed. It showed sufficient male and female recommendations shall be reported to the local jurisdiction staff assigned to each shift to complete all tasks having fiscal responsibility for the facility. necessary. 1027.5 SAFETY CHECKS SBCSOCM 508 Inmate Safety Checks Safety checks shall be conducted at least hourly through ☒ ☐ ☐ direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of SBCSOCM 508 Inmate Safety Checks routine safety checks. A sampling of over 8000 safety checks were reviewed. Justification for late checks was noted on each document and a review of the documents was completed by a supervisor. Included in the safety checks was a field for the staff to enter a time that a perimeter check was ☒ ☐ ☐ performed. The Safety Check logs reviewed provided verification that safety checks were completed within 60 minutes of one another. At the time of inspection, the facility’s electric power was undergoing repair, all doors were operated by key. Without the use of electronics, the agency decided to perform checks on a 30- minute basis to ensure the safety of all inmates. 2 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1028 1028 FIRE AND LIFE SAFETY STAFF SBCSOCM 406 Fire Safety Pursuant to Penal Code Section 6030(c), whenever there is ☒ ☐ ☐ an inmate in custody, there shall be at least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. The facility manager shall ensure that there is at least one SBCSOCM 406 Fire Safety person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 3 San Benito County Sheriff’s Office Custody Manual (SBCSOCM) Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and Reviewed/Updated: 01/12/21 procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be The San Benito County Sheriff’s Custody made available to all employees. Manual is available on the department web site. ☒ ☐ ☐ 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 SBCSOCM 100 Organizational Structure and communications. Responsibility ☒ ☐ ☐ This information is also available on the agency website. (2) Inspections and operations reviews by the facility SBCSOCM 112 Annual Facility Inspection ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. SBCSOCM 521 Use of Force Confrontation avoidance procedures are also ☒ ☐ ☐ included in this policy. A use of force review is conducted to determine if force was in compliance with policy. (4) Policy on the use of restraint equipment, including the SBCSOCM 523 Use of Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received SBCSOCM 504 Inmate Reception inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ SBCSOCM 502 Inmate Counts (B) searches of the facility and inmates, SBCSOCM 527 Searches Policy includes the need for searches, ☒ ☐ ☐ transgender searches, contraband searches, housing unit searches, physical plant searches and evidentiary searches. 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 3 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) contraband control, and, ☒ ☐ ☐ SBCSOCM 527 Searches (D) key control. SBCSOCM 222 Key and Electronic Access ☒ ☐ ☐ Device Control Each facility administrator shall, at least annually, review, SBCSOCM 400 Facility Emergencies evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ Completed February 02, 2020 measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: SBCSOCM 400 Facility Emergencies (A) fire suppression preplan as required by section ☒ ☐ ☐ SBCSOCM 406 Fire Safety 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ SBCSOCM 400 Facility Emergencies (C) mass arrests; ☒ ☐ ☐ SBCSOCM 400 Facility Emergencies (D) natural disasters; ☒ ☐ ☐ SBCSOCM 400 Facility Emergencies (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ SBCSOCM 400 Facility Emergencies (F) storage, issue, and use of weapons, ammunition, SBCSOCM 514 Management of Weapons and ☒ ☐ ☐ chemical agents, and related security devices. Control Devices (8) Suicide Prevention. SBCSOCM 724 Mental Health Services ☒ ☐ ☐ SBCSOCM 748 Suicide Prevention and Intervention (9) Segregation of Inmates. SBCSOCM 510 Special Management Inmates ☒ ☐ ☐ SBCSOCM 516 Inmate Classification (10) Zero tolerance in the prevention of sexual abuse and SBCSOCM 116 Standards of Conduct sexual harassment. ☒ ☐ ☐ SBCSOCM 118 Discriminatory Harassment SBCSOCM 612 Prison Rape Elimination Act (11) Policy and procedure to detect, prevent, and respond SBCSOCM 118 Discriminatory Harassment to retaliation against any staff or inmate after reporting ☒ ☐ ☐ SBCSOCM 612 Prison Rape Elimination Act any abuse. Inmate Orientation and Rulebook (e) The manual for Temporary Holding, Court Holding, SBCSOCM 612 Prison Rape Elimination Act Type I, II, III, and IV facilities shall provide for, but not be Inmate Orientation and Rulebook limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ Posters regarding how to report instances of inmates or staff for reporting sexual abuse and sexual sexual abuse or harassment were placed harassment, and staff neglect or violation of throughout the facility. It is also addressed in the responsibilities that may have contributed to such Inmate Orientation and Rulebook which each incidents, inmate receives upon housing. (2) a method for uninvolved inmates, family, SBCSOCM 612 Prison Rape Elimination Act community members, and other interested third-parties Inmate Orientation and Rulebook to report sexual abuse or sexual harassment. The method for reporting shall be publicly posted at the Agency also has a link on their website to facility. ☒ ☐ ☐ Community Solutions for Sexual Assaults Notification was present in the lobby of the facility at the time of inspection. 4 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1030 SUICIDE PREVENTION PROGRAM SBCSOCM 724 Mental Health Services SBCSOCM 728 Special Needs Medical The facility shall have a comprehensive written suicide Treatment prevention program developed by the facility administrator, SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ in conjunction with the health authority and mental health Intervention 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 SBCSOCM 724 Health-Trained Staff contact with inmates. ☒ ☐ ☐ SBCSOCM 748 Suicide Prevention and Intervention (b) Intake screening for suicide risk immediately upon SBCSOCM 504 Inmate Reception intake and prior to housing assignment. SBCSOCM 748 Suicide Prevention and Intervention ☒ ☐ ☐ A pre-booking screening is performed by a health care professional to obtain and assess an arrestee’s medical condition (c) Provisions facilitating communication among SBCSOCM 504 Inmate Reception arresting/transporting officers, facility staff, medical and SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ mental health personnel in relation to suicide risk. Intervention (d) Housing recommendations for inmates at risk of suicide. SBCSOCM 504 Inmate Reception SBCSOCM 510 Special Management Inmates SBCSOCM 516 Inmate Classification ☒ ☐ ☐ SBCSOCM 748 Suicide Prevention and Intervention (e) Supervision depending on level of suicide risk. SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ Intervention (f) Suicide attempt and suicide intervention policies and SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ procedures. Intervention (g) Provisions for reporting suicides and suicides attempts. SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ Intervention (h) Multi-disciplinary administrative review of suicides and SBCSOCM 748 Suicide Prevention and attempted suicides as defined by the facility Intervention administrator. At the time of inspection, the agency was asked how suicide attempts are handled. A review of ☒ ☐ ☐ serious suicide attempts is conducted. The BSCC recommends the same verbiage for this policy as in the 750 Inmate Death - Clinical Care Review for serious suicide attempts. 1032 FIRE SUPPRESSION PREPLANNING SBCSOCM 406 Fire Safety 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 SBCSOCM 406 Fire Safety department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); 5 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) regular fire prevention inspections by facility staff on a SBCSOCM 406 Fire Safety monthly basis with two-year retention of the inspection record; Monthly Emergency Equipment Inspections are conducted. This includes all fire equipment, ☒ ☐ ☐ AED’s, Generator, and vehicles. Additionally, twice per year a workplace inspection is performed and documented at the jail by the Safety Coordinator and the results are forwarded to the Safety Coordinator for San Benito County. (c) fire prevention inspections as required by Health and SBCSOCM 406 Fire Safety Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; Last Fire Inspection conducted: 12/27/19 (d) an evacuation plan; and, SBCSOCM 406 Fire Safety SBCSOCM 410 Evacuation ☒ ☐ ☐ Evacuation maps were placed throughout the facility at the time of inspection. (e) a plan for the emergency housing of inmates in the case of SBCSOCM 400 Facility Emergencies ☒ ☐ ☐ fire. SBCSOCM 406 Fire Safety 1040 POPULATION ACCOUNTING SBCSOCM 500 Population Management System Each facility administrator shall maintain an inmate ☒ ☐ ☐ demographics accounting system which reflects the monthly average daily population of sentenced and non-sentenced inmates by categories of male, female and juvenile. Facility administrators shall provide the BSCC with SBCSOCM 500 Population Management applicable inmate demographic information as described in System the Jail Profile Survey. ☒ ☐ ☐ The agency regularly reports data for the Jail Profile Survey. 1041 INMATE RECORDS SBCSOCM 218 Inmate Records (a) Each facility administrator of a Type I, II, III or IV All records are maintained in an electronic facility shall develop written policies and procedures for the format. Information is collected during an maintenance of individual inmate records which shall inmate stay in custody and includes information ☒ ☐ ☐ include, but not be limited to, intake information, personal gathered during the admission process, property receipts, commitment papers, court orders, reports photographs, fingerprints, duration of of disciplinary actions taken, medical orders issued by the confinement, cash and property inventory, responsible physician and staff response, and non-medical housing history, requests, program information regarding disabilities and other limitations. documentation, and visitation records. (b) Each facility administrator shall collect accurate, SBCSOCM 612 Prison Rape Elimination Act uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which Completion of the federal survey on sexual it contracts for the confinement of its inmates. The data ☒ ☐ ☐ violence is performed by the PREA compliance collected shall include, at a minimum, the data necessary to officer. satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1) (federal survey on sexual violence). 6 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1044 INCIDENT REPORTS SBCSOCM 220 Report Preparation Each facility administrator shall develop written policies and Incident reports, crime reports and disciplinary procedures for the maintenance of written records and actions are all included in the same reporting reporting of all incidents which result in physical harm, or system. A sampling of criminal reports was serious threat of physical harm, to an employee or inmate of ☒ ☐ ☐ reviewed prior to the on-site inspection. Reports a detention facility or other person. contained a thorough accounting of the incident and included supplemental reports and requests for drug analysis. All reports reviewed were well written. Such records shall include the names of the persons SBCSOCM 220 Report Preparation 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 SBCSOCM 220 Report Preparation to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1045 PUBLIC INFORMATION PLAN SBCSOCM 235 News Media Relations Each facility administrator of a Type I, II, III or IV facility All of San Benito County Sheriff’s Jail policies shall develop written policies and procedures for the are available for the public to review on the ☒ ☐ ☐ dissemination of information to the public, to other Sheriff’s website. Inmates are also provided an government agencies, and to the news media. The public and Inmate Handbook and Orientation manual. inmates shall have available for review the following material: (a) The Board of State and Community Corrections SBCSOCM 235 News Media Relations Minimum Standards for Local Detention Facilities as found SBCSOCM 237 Community Relations and in Title 15 of the California Code of Regulations. Public Information Plan ☒ ☐ ☐ The agency provides a copy of Title 15 to each housing area. Once the copy is damaged a new copy is provided. (b) Facility rules and procedures affecting inmates as ☒ ☐ ☐ specified in sections: (1) 1045, Public Information Plan SBCSOCM 237 Community Relations and ☒ ☐ ☐ Public Information Plan (2) 1061, Inmate Education Plan SBCSOCM 1020 Inmate Educational, ☒ ☐ ☐ Vocational, and Rehabilitation Programs (3) 1062, Visiting ☒ ☐ ☐ SBCSOCM 1022 Inmate Visitation (4) 1063, Correspondence ☒ ☐ ☐ SBCSOCM 1018 Inmate Mail (5) 1064, Library Service ☒ ☐ ☐ SBCSOCM 1016 Library Services (6) 1065, Exercise and Recreation SBCSOCM 1010 Inmate Exercise and ☒ ☐ ☐ Recreation (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ SBCSOCM 1018 Inmate Mail (8) 1067, Access to Telephone ☒ ☐ ☐ SBCSOCM 1020 Inmate Telephone Access (9) 1068, Access to Courts and Counsel SBCSOCM 606 Inmate Access to Courts and ☒ ☐ ☐ Counsel (10) 1069, Inmate Orientation SBCSOCM 506 Inmate Handbook and ☒ ☐ ☐ Orientation (11) 1070, Individual/Family Service Programs SBSOCM 1000 Inmate Programs and Services SBSOCM 1026 Therapeutic Community ☒ ☐ ☐ Treatment Program SBSOCM 1032 Inmate Work Program 7 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (12) 1071, Voting ☒ ☐ ☐ SBCSOCM 622 Inmate Voting (13) 1072, Religious Observance ☒ ☐ ☐ SBSOCM 1034 Religious Programs (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ SBCSOCM 620 Inmate Grievances (15) 1080, Rules and Disciplinary Penalties ☒ ☐ ☐ SBCSOCM 600 Inmate Discipline (16) 1081, Plan for Inmate Discipline ☒ ☐ ☐ SBCSOCM 600 Inmate Discipline (17) 1082, Forms of Discipline ☒ ☐ ☐ SBCSOCM 600 Inmate Discipline (18) 1083, Limitations on Discipline ☒ ☐ ☐ SBCSOCM 600 Inmate Discipline (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ SBCSOCM 714 Health Authority 1046 DEATH IN CUSTODY SBCSOCM 750 Inmate Death – Clinical Care Review (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 SBCSOCM 750 Inmate Death – Clinical Care clinical care; whether changes to policies, procedures, or Review practices are warranted; and to identify issues that require ☒ ☐ ☐ further study. An Administrative Review, a Clinical Mortality Review and a Psychological Autopsy is conducted for each inmate death. (b) Death of a Minor Minors are not held at this facility. In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☐ ☐ ☒ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☐ ☐ ☒ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 8 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN SBCSO 516 Inmate Classification (a) Each administrator of a temporary holding, Type I, II, or Inmate Classification records are maintained the III facility shall develop and implement a written Jail Management System (JMS). A classification plan designed to properly assign inmates to comprehensive interview is performed to housing units and activities according to the categories of sex, determine placement of the inmate in the jail. age, criminal sophistication, seriousness of crime charged, Based upon the inmate’s responses questions physical or mental health needs, assaultive/non-assaultive asked during the interview process, the answers behavior, risk of being sexually abused, or sexually harassed are numerically scored, consistent with an ☒ ☐ ☐ and other criteria which will provide for the safety of the objective classification process. The score inmates and staff. Such housing unit assignment shall be determines the housing level and the accomplished to the extent possible within the limits of the Classification Officer will determine, based on available number of distinct housing units or cells in a facility. the documented criteria, the most appropriate The written classification plan shall be based on objective housing. The agency is in the process of criteria and include receiving screening performed at the time working with the JMS vendor to fine-tune the of intake by trained personnel, and a record of each inmate's point system to the unique needs of San Benito classification level, housing restrictions, and housing County. assignments. Each administrator of a Type II or III facility shall establish SBCSO 516 Inmate Classification and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign inmates to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available about the inmate and from the inmate and shall provide for ☒ ☐ ☐ a channel of appeal by the inmate to the facility administrator or designee. An inmate who has been sentenced to more than 60 days may request a review of his classification plan no more often than 30 days from his last review. Subsection b does not apply and has been deleted. (c) In deciding whether to assign an inmate to a housing area SBCSO 516 Inmate Classification for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a All staff assigned to Classification duties attend case-by-case basis whether a placement would ensure the training that helps them identify safety and inmate's health and safety, and whether the placement would ☒ ☐ ☐ security issues that may affect an inmate’s present management or security problems. An inmate's own classification (gang activity, suicidal ideations, views with respect to his or her own safety shall be given etc.). This is not a one-time training, but an on- serious consideration. going routine as safety and security issues are always evolving. 1051 COMMUNICABLE DISEASES SBCSOCM 716 Health Appraisals SBCSOCM 730 Communicable Disease The facility administrator, in cooperation with the responsible physician, shall develop written policies and This includes specific measures to identify, treat procedures specifying those symptoms that require and mitigate the spread of COVID-19. segregation of an inmate until a medical evaluation is ☒ ☐ ☐ Information for inmates is posted throughout the completed. facility. Verification from inmates was made by inmates that they are provided masks at intake. They are instructed to wear it anytime they are out of their housing area. If a new one is needed, one is supplies. 9 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be SBCSOCM 722 Medical Screening made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as A medical screening is performed on all inmates tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ at the time of arrival at the jail. This screening any other communicable diseases, or other special medical is performed by medical personnel. problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES SBCSOCM 722 Medical Screening SBCSOCM 724 Mental Health Services The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not SBCSOCM 722 Medical Screening readily available, an inmate shall be considered mentally SBCSOCM 724 Mental Health Services 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 A medical screening is performed by a health appears gravely disabled. professional at the time of entry into the jail during the daytime hours. During the evening An evaluation from medical or mental health staff shall be hours, if a new person is received and they have secured within 24 hours of identification or at the next daily ☒ ☐ ☐ any type of medical issue they are acceptance is sick call, whichever is earliest. refused until a medical clearance is received from the hospital. If the health professional believe additional follow-up care is needed, the inmate will be placed on sick call. Information is posted on the San Benito County Sheriff’s web site providing information on how best to help families cope with a family member incarcerated and suffering with mental illness. Segregation may be used if necessary to protect the safety of SBCSOCM 516 Inmate Classification the inmate or others. SBCSOCM 722 Medical Screening SBCSOCM 724 Mental Health Services ☒ ☐ ☐ Should segregation due to mental health issues be necessary, Classification will then house appropriately. 1053 ADMINISTRATIVE SEGREGATION SBCSOCM 510 Special Management Issues SBCSOCM 517 Inmate Classification Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are Placement into Administrative Segregation is determined to be prone to: promote activity or behavior that determined by the Classification Unit and can be is criminal in nature or disruptive to facility operations; changed at any time dependent upon many needs demonstrate influence over other inmates, including such as medical requirement, inmate behavior, influence to promote or direct action or behavior that is ☒ ☐ ☐ inmate mental health status. This is a non- criminal in nature or disruptive to the safety and security of punitive environment and reviews are performed other inmates or facility staff, as well as to the safe operation every seven day for the first two months of of the facility; escape; assault, attempted assault, or segregation then performed monthly by the participation in a conspiracy to assault or harm other inmates Classification staff. Administrative Segregation or facility staff; or likely to need protection from other due to medical or mental health issues can be inmates, if such administrative segregation is determined to modified at any time. be necessary in order to obtain the objective of protecting the welfare of inmates and staff. 10 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Administrative segregation shall consist of separate and SBCSOCM 510 Special Management Issues secure housing but shall not involve any other deprivation of ☒ ☐ ☐ SBCSOCM 517 Inmate Classification privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL SBCSOCM 537 Safety and Sobering Cells The safety cell described in Title 24, Part 2, Section Prior to placement into a safety cell, inmates are 1231.2.5, shall be used to hold only those inmates who interviewed by a mental health professional display behavior which results in the destruction of property which helps reduce the number of inmates that or reveals an intent to cause physical harm to self or others. are placed in the safety cell. Ten placements were reviewed. Each placement had a handwritten observation log, a jail incident report, an Inmate Crisis Intervention Form, and a Mental Health Suicide Watch Custody Notification form. It is the determination of the responding clinician to determine safety cell placement for those expressing suicidal ☒ ☐ ☐ ideations. Safety cell garments are issued if needed. Fields for the issuance of fluids, meals, continued retention and medical evaluations are included on the Safety Cell and Suicide Watch forms. Each safety cell placement was followed with a written report justifying placement in the cell and another report indicating the person was removed from the cell. An additional Mental Health Suicide Watch Custody Notification from the medical provider that provides information to the jail staff on housing, clothing, bedding, hygiene, dining and privilege recommendations along with a notes section. The facility administrator, in cooperation with the SBCSOCM 537 Safety and Sobering Cells 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 SBCSOCM 537 Safety and Sobering Cells ☒ ☐ ☐ a substitute for treatment. An inmate shall be placed in a safety cell only with the SBCSOCM 537 Safety and Sobering Cells approval of the facility manager or designee, or responsible ☒ ☐ ☐ health care staff; continued retention shall be reviewed a Prior to placement into a safety cell, inmates are minimum of every four hours. interviewed by a mental health professional. A medical assessment shall be completed within a maximum SBCSOCM 537 Safety and Sobering Cells 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 SBCSOCM 537 Safety and Sobering Cells ☒ ☐ ☐ retention every 24 hours thereafter. The facility manager, designee or responsible health care SBCSOCM 537 Safety and Sobering Cells 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 SBCSOCM 537 Safety and Sobering Cells every thirty minutes. Such observation shall be documented. ☒ ☐ ☐ Procedures shall be established to assure administration of SBCSOCM 537 Safety and Sobering Cells ☒ ☐ ☐ necessary nutrition and fluids. 11 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Inmates shall be allowed to retain sufficient clothing, or be SBCSOCM 537 Safety and Sobering Cells 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. 1056 USE OF SOBERING CELL SBCSOCM 537 Safety and Sobering Cells The sobering cell described in Title 24, Part 2, Section A sobering cell log is initiated each time an 1231.2.4, shall be used for the holding of inmates who are a inmate is placed in the sobering cell. threat to their own safety or the safety of others due to their Documentation occurs once every 30 minutes state of intoxication and pursuant to written policies and and the inmates are removed when they no procedures developed by the facility administrator. longer pose a threat to their own safety and can continue with the booking process. Sobering cell logs reviewed found that safety checks on ☒ ☐ ☐ those placed in the sobering cells were at a rate of twice per hour. Indicators are circled to identify reasons for placement into the sobering cell: odor of alcohol, speech, attitude, walking, tremor, orientation. All are identified at the level appropriate to the inmate’s demeanor. Descriptions of physical injuries are noted prior to entering the sobering cell. Time of removal from the cell is documented. Such inmates shall be removed from the sobering cell as SBCSOCM 537 Safety and Sobering Cells they are able to continue in the processing. ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six SBCSOCM 537 Safety and Sobering Cells 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 SBCSOCM 537 Safety and Sobering Cells receive an evaluation by responsible health care staff. ☒ ☐ ☐ Intermittent direct visual observation of inmates held in the SBCSOCM 537 Safety and Sobering Cells sobering cell shall be conducted no less than every half hour. ☒ ☐ ☐ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED SBCSOCM 516 Inmate Classification INMATES SBCSOCM 604 Inmates with Disabilities SBCSOCM 724 Mental Health Services The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and Identification can be made at the initial health procedures for the identification and evaluation, appropriate screening and evaluated for special housing classification and housing, protection, and needs. nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional SBCSOCM 724 Mental Health Services center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ Verification of developmental disability is made and/or treatment within 24 hours of such determination, with the San Andreas Regional Center. excluding holidays and weekends. 12 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES SBCSOCM 523 Use of Restraints The facility administrator, in cooperation with the The agency does have a restraint chair, but no responsible physician, shall develop written policies and training has been provided and they do not use ☒ ☐ ☐ procedures for the use of restraint devices and may delegate it. authority to place an inmate in restraints to a responsible health care staff. Restraints, as defined by this regulation, are not used at this facility. In addition to the areas specifically outlined in this Restraints, as defined by this regulation, are not regulation, at a minimum, the policy shall address the used at this facility. ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ 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 or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 13 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT INMATES SBCSOCM 523 Use of Restraints The facility administrator, in cooperation with the Restraints, as defined by this regulation, are not responsible physician, shall develop written policies and ☒ ☐ ☐ used at this facility. Informational posters have procedures for the use of restraint devices on pregnant been placed in the women’s housing area inmates. In accordance with Penal Code 3407 the policy informing female inmates of this. shall include reference to the following: (1) An inmate known to be pregnant or in recovery after SBCSOCM 523 Use of Restraints delivery shall not be restrained by the use of leg irons, waist ☐ ☐ ☒ chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in SBCSOCM 523 Use of Restraints recovery after delivery, shall not be restrained by the wrists, ☐ ☐ ☒ ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is SBCSOCM 523 Use of Restraints currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or ☐ ☐ ☒ recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall SBCSOCM 710 Health Care for Pregnant be advised, orally or in writing, of the standards and policies ☒ ☐ ☐ Inmates governing pregnant inmates. 1059 USE OF REASONABLE FORCE TO SBCSOCM 539 Biological Samples COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including ☒ ☐ ☐ peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this regulation, the “use of SBCSOCM 539 Biological Samples reasonable force” shall be defined as the force that an objective, trained and competent correctional ☒ ☐ ☐ employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation. (2) The use of reasonable force shall be preceded by SBCSOCM 539 Biological Samples efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include ☒ ☐ ☐ an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written SBCSOCM 539 Biological Samples authorization of the facility watch commander on duty. The authorization shall include information that reflects the fact ☒ ☐ ☐ that the offender was asked to provide the requisite specimen, sample, or impression and refused. 14 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) If the use of reasonable force includes a cell extraction, SBCSOCM 539 Biological Samples the extraction shall be videotaped, including audio. Video shall be directed at the cell extraction event. The videotape There have been no instances of use of force to shall be retained by the agency for the length of time ☒ ☐ ☐ collect DNA samples. Though the agency has a required by statute. Notwithstanding the use of the video as policy regarding the use of force to collect DNA, evidence in a criminal proceeding, the tape shall be retained they do not use that option. administratively. 1061 INMATE EDUCATION PROGRAM SBCSOCM 1012 Inmate Educational, Vocational and Rehabilitation Programs The facility administrator of any Type II or III facility shall plan and shall request of appropriate public officials an Due to COVID-19, in-person instruction, inmate education program. provided by Gavilan College, was halted. However, the college has notified the Sheriff’s Office that they soon want to begin in-person ☒ ☐ ☐ instruction. • General Education Development (G.E.D.) • Academic Preparation • Writing Workshop • Career and Personal Development. When such services are not made available by the SBCSOCM 1012 Inmate Educational, appropriate public officials, then the facility administrator Vocational and Rehabilitation Programs shall develop and implement an education program with ☒ ☐ ☐ available resources. The agency has an agreement with Gavilan College to provide educational classes. Such a plan shall provide for the voluntary academic and/or SBCSOCM 1012 Inmate Educational, ☒ ☐ ☐ vocational education of housed inmates. Vocational and Rehabilitation Programs Reasonable criteria for program eligibility shall be SBCSOCM 1012 Inmate Educational, established and an inmate may be excluded or removed Vocational and Rehabilitation Programs ☒ ☐ ☐ based on sound security practices or failure to abide by facility rules and regulations. 1062 VISITING SBCSOCM 1022 Inmate Visitation (a) The facility administrator shall develop written policies ☒ ☐ ☐ and procedures for inmate visiting which shall provide for as many visits and visitors as facility schedules, space, and number of personnel will allow. (TYPE II ONLY) SBCSOCM 1022 Inmate Visitation All inmates in Type II facilities are allowed at least two visits totaling at least one hour per inmate each week. Inmate Rules Handbook states one hour visit per week, but it does not identify that each inmate is allowed two visits. In practice, all inmates are ☒ ☐ ☐ allowed up to one hour of visitation. Inmates can use that all in one visit or break it up into two visits. The agency tracks the time of each visit. The BSCC recommends that this be stated clearly in the Inmate Handbook and Orientation Manual and on its web site. (TYPE III ONLY) Inmates in Type III facilities are allowed one or more ☐ ☐ ☒ visits, totaling at least one hour per week. (c) The visiting policies developed pursuant to this section SBCSOCM 1022 Inmate Visitation shall include provision for visitation by minor children of ☒ ☐ ☐ the inmate. 15 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Video visitation may be used to supplement existing SBCSOCM 1022 Inmate Visitation visitation programs, but shall not be used to fulfill the ☒ ☐ ☐ requirements of this section if in-person visitation is requested by an inmate. (e) Facilities shall not charge for visitation when visitors are SBCSOCM 1022 Inmate Visitation onsite and participating in either in-person or video ☒ ☐ ☐ visitation. For purposes of this subsection, “onsite” is defined as the location where the inmate is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or ☐ ☐ ☒ (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only SBCSOCM 1022 Inmate Visitation as of January 1, 2017, the first hour of remote video ☒ ☐ ☐ visitation per week shall be offered free of charge. Types and availability of visitation, including: Note: Reference PC § 6031.1 (June 2017) Mode of visitation; Face to Face with barrier Visitation hours; Various (0900-1600 dependent upon housing location), Monday - Thursday Time inmates are allowed for visitation; and, All inmates can visit for up to one hour each week Any restrictions on inmate visitation. Restrictions and rules are posted on the San Benito County Sheriff’s Office website for public view and listed in the Inmate Orientation and Rule Book. Medical and discipline. 1063 CORRESPONDENCE SBCSOCM 1018 Inmate Mail ☒ ☐ ☐ The facility administrator shall develop written policies and procedures for inmate correspondence which provide that: (a) there is no limitation on the volume of mail that an inmate SBCSOCM 1018 Inmate Mail ☒ ☐ ☐ may send or receive; (b) inmate correspondence may be read when there is a SBCSOCM 1018 Inmate Mail valid security reason and the facility manager or his/her ☒ ☐ ☐ designee approves; (c) jail staff shall not review inmate correspondence to or SBCSOCM 1018 Inmate Mail from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may ☒ ☐ ☐ open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the inmate; (d) inmates may correspond, confidentially, with the SBCSOCM 1018 Inmate Mail ☒ ☐ ☐ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted SBCSOCM 1018 Inmate Mail at least two postage paid envelopes and two sheets of paper each week to permit correspondence with family members ☒ ☐ ☐ and friends but without limitation on the number of postage paid envelopes and sheets of paper to his or her attorney and to the courts. 16 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1064 LIBRARY SERVICES SBCSO 1016 Library Services The facility administrator shall develop written policies and A library and program room are located adjacent procedures for library service in all Type II, III, and IV to the housing areas. Inmates are escorted to that facilities. The scope of such service shall be determined by area to review the selection of books in the the facility administrator. The library service shall include ☒ ☐ ☐ library. access to legal reference materials, current information on community services and resources, and religious, educational, and recreational reading material. In Type IV facilities such a program can be either in-house or provided through access to the community. 1065 EXERCISE AND RECREATION SBCSOCM 1010 Inmate Exercise and Recreation (a) The facility administrator of a Type II or III facility shall develop written policies and procedures for an exercise and When several inmates in housings that did not recreation program, in an area designed for recreation, have an exercise yard attached, were asked about which will allow a minimum of three hours of exercise the amount of time they receive in the exercise distributed over a period of seven days. Such regulations as ☒ ☐ ☐ yard, all stated they receive access just about any are reasonable and necessary to protect the facility's security time they ask. All confirmed it was at least three and the inmates' welfare shall be included in such a program. hours per week. For those housing areas that have an exercise yard attached, they have free access to the yard on a daily basis. 1066 BOOKS, NEWSPAPERS, PERIODICALS, SBCSOCM 1018 Inmate Mail AND WRITINGS This is included in the Inmate Mail Policy. The facility administrator of a Type II or III facility shall Inmates have the ability to have friends and develop written policies and procedures which will permit family members purchased books, magazine inmates to purchase, receive and read any book, newspaper, ☒ ☐ ☐ subscriptions and newspaper subscriptions on periodical, or writing accepted for distribution by the United their behalf and mailed directly to the inmate. States Postal Service. Nothing herein shall be construed as Verification of inmates being able to receive limiting the right of a facility administrator to: books was verified by an inmate who stated that his family keeps him stocked up on books for reading. (1) exclude any publications or writings based on any SBCSOCM 1018 Inmate Mail ☒ ☐ ☐ legitimate penological interest; (2) exclude obscene publications or writings, and mail SBCSOCM 1018 Inmate Mail containing information concerning where, how, or from whom such matter may be obtained; and any matter of Rejected mail is either placed in the inmate’s a character tending to incite murder, arson, riot, violent property or returned to sender. racism, or any other form of violence; any matter of a ☒ ☐ ☐ character tending to incite crimes against children; any matter concerning unlawful gambling or an unlawful lottery; the manufacture or use of weapons, narcotics, or explosives; or any other unlawful activity; (3) open and inspect any publications or packages SBCSOCM 1018 Inmate Mail ☒ ☐ ☐ received by an inmate; and (4) restrict the number of books, newspapers, SBCSOCM 1018 Inmate Mail periodicals, or writings the inmate may have in his/her ☒ ☐ ☐ cell or elsewhere in the facility at one time. This restriction is for items in their cell. Excess mail will be stored in the inmate’s property. 17 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE SBCSOCM 1020 Inmate Telephone Access The facility administrator shall develop written policies and Telephones are located in the dayrooms and ☒ ☐ ☐ procedures which allow reasonable access to a telephone available for use throughout the day. beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL SBCSO 606 Inmate Access to Courts and Counsel 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 SBCSOCM 1018 Inmate Mail ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. SBCSOCM 606 Inmate Access to Courts and Counsel SBCSOCM 1018 Inmate Mail ☒ ☐ ☐ Inmates can also correspond confidentially with courts, legal counsel, jail administration, elected officials and others. 1069 INMATE ORIENTATION SBCSOCM 506 Inmate Handbook and Orientation In Type II, III, and IV facilities, the facility administrator shall develop written policies and procedures for the ☒ ☐ ☐ Section 506.4 of this policy manual addresses implementation of a program reasonably understandable to orientation for non-readers, visually impaired, inmates designed to orient a newly received inmate at the and deaf or hard of hearing inmates. time of placement in a living area. Such a program shall be published and include, but not be All items listed in this section are addressed in limited to, the following: ☒ ☐ ☐ the Inmate Orientation and Rulebook that is provided to all inmates upon being housed. (1) correspondence, visiting, and telephone usage rules; SBCSOCM 506 Inmate Handbook and ☒ ☐ ☐ Orientation (2) rules and disciplinary procedures; SBCSOCM 506 Inmate Handbook and ☒ ☐ ☐ Orientation (3) inmate grievance procedures; SBCSOCM 506 Inmate Handbook and ☒ ☐ ☐ Orientation (4) programs and activities available and method of SBCSOCM 506 Inmate Handbook and ☒ ☐ ☐ application; Orientation (5) medical services; SBCSOCM 506 Inmate Handbook and ☒ ☐ ☐ Orientation (6) classification/housing assignments; SBCSOCM 506 Inmate Handbook and ☒ ☐ ☐ Orientation (7) court appearance where scheduled, if known; Inmates can ask officers when their next court ☒ ☐ ☐ date is scheduled. (8) voting, including registration; and, ☒ ☐ ☐ SBCSOCM 622 Inmate Voting (9) zero tolerance policy against sexual abuse and SBCSOCM 320 Prison Rape Elimination Act ☒ ☐ ☐ sexual harassment. 18 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1070 INDIVIDUAL/FAMILY SERVICE SBCSOCM 1012 Inmate Educational, PROGRAMS Vocational and Rehabilitation Programs SBCSOCM 1026 Therapeutic Community The facility administrator of a Type II, III, or IV facility shall Treatment Program develop written policies and procedures which facilitate ☒ ☐ ☐ cooperation with appropriate public or private agencies for individual and/or family social service programs for inmates. Such a program shall utilize the services and resources available in the community and may be in the form of a resource guide and/or actual service delivery. The range and source of such services shall be at the SBCSOCM 1012 Inmate Educational, discretion of the facility administrator and may include: Vocational and Rehabilitation Programs (a) risk and needs assessments; SBCSOCM 1026 Therapeutic Community (b) best practices in: Treatment Program (1) individual, group and/or family counseling; (2) drug and alcohol abuse counseling; • Anger Management (3) cognitive behavioral interventions; • Substance Use Disorder groups (4) vocational testing and counseling; • Seeking Safety (Trauma Informed) (5) employment counseling; • Reentry planning ☒ ☐ ☐ (c) referral to community resources and programs; • Alcoholics Anonymous (d) reentry planning and service development; • Narcotics Anonymous (e) legal assistance; • Department of Child Support provides (f) regional center services for the developmentally services disabled; and, • Veterans Services available (g) community volunteers. • Religious services available Due to COVID-19 group meetings have been replaced with individual counseling. 1071 VOTING SBCSOCM 622 Inmate Voting The facility administrator of a Type I (holding sentenced inmate workers) II, III or IV facility shall develop written ☒ ☐ ☐ policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES SBCSOCM 1034 Religious Programs The facility administrator of a Type I, II, III or IV facility A Chaplain is assigned to oversee all religious ☒ ☐ ☐ shall develop written policies and procedures to provide observances in the jail. opportunities for inmates to participate in religious services, practices and counseling on a voluntary basis. 19 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1073 INMATE GRIEVANCE PROCEDURE SBCSOCM 620 Inmate Grievances (a) Each administrator of a Type II, III, or IV facility and Many grievances were reviewed for this Type I facilities which hold inmate workers shall develop inspection. There are three levels of response in written policies and procedures whereby any inmate may addition to the housing officer handling the appeal and have resolved grievances relating to any grievance at the time the grievance is turned in. conditions of confinement, including but not limited to: The grievance responses included a signature medical care; classification actions; disciplinary actions; from the inmate indicating either their program participation; telephone, mail, and visiting satisfaction with the outcome or dissatisfaction. procedures; and food, clothing, and bedding. The time frame for responses to the reviewed Such policies and procedures shall include: grievances was within five days and appeals were within 14 days. Some responses to grievances were in Spanish to accurately ☒ ☐ ☐ respond to Spanish speaking inmates. Information on how to address and handle grievances is also provided in the Inmate Orientation and Rulebook. Several inmates were asked about their experience with the Grievance system. All indicated positive responses. The response they received was timely and though they may not have agreed with the eventual findings, they understood the ruling and stated they were satisfied with the outcome. (1) a grievance form or instructions for registering a SBCSOCM 620 Inmate Grievances ☒ ☐ ☐ grievance; (2) resolution of the grievance at the lowest appropriate SBCSOCM 620 Inmate Grievances staff level; When facility staff was interviewed, they stated that they try to resolve any grievances at the time ☒ ☐ ☐ of acceptance. If that is not achievable, they submit the grievance to the next level. For inmates that cannot read or write, help is provided to them. (3) appeal to the next level of review; SBCSOCM 620 Inmate Grievances ☒ ☐ ☐ (4) written reasons for denial of grievance at each level SBCSOCM 620 Inmate Grievances ☒ ☐ ☐ of review which acts on the grievance; (5) provision for response within a reasonable time SBCSOCM 620 Inmate Grievances ☒ ☐ ☐ limit; and, (6) provision for resolving questions of jurisdiction SBCSOCM 620 Inmate Grievances ☒ ☐ ☐ within the facility. (b) Grievance System Abuse: SBCSOCM 620 Inmate Grievances The facility may establish written policy and procedure to ☒ ☐ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY PENALTIES SBCSOCM 600 Inmate Discipline Wherever discipline is administered, each facility ☒ ☐ ☐ Rules, Discipline and procedures are identified administrator shall establish written rules and disciplinary in the Inmate Orientation and Rulebook penalties to guide inmate conduct. 20 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such rules and disciplinary penalties shall be stated simply SBCSOCM 600 Inmate Discipline 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 SBCSOCM 600 Inmate Discipline English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide As with the grievance system, those inmates that ☒ ☐ ☐ them with material in an understandable form regarding jail have learning disabilities or are illiterate, unable rules and disciplinary procedures and penalties. to read English, help is provided so the inmate has a clear understanding. 1081 PLAN FOR INMATE DISCIPLINE SBCSOCM 600 Inmate Discipline Each facility administrator shall develop written policies and Several inmates were asked about the ☒ ☐ ☐ procedures for inmate discipline. The plan shall include, but Disciplinary process. Those that had been not be limited to, the following elements: involved in the disciplinary process felt the process was fair. (a) Temporary Loss of Privileges: For minor acts of non- SBCSOCM 600 Inmate Discipline 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 SBCSOCM 600 Inmate Discipline repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☒ ☐ ☐ Minor, Multiple and Major rule violations are staff member observing the act and submitted to the identified in the Inmate Orientation and disciplinary officer. The consequences of such violations Rulebook as well as Sanctions. may include, but are not limited to: 1. Loss of good time/work time. ☒ ☐ ☐ SBCSOCM 600 Inmate Discipline 2. Placement in disciplinary separation. ☒ ☐ ☐ SBCSOCM 600 Inmate Discipline 3. Disciplinary separation diet. ☒ ☐ ☐ SBCSOCM 600 Inmate Discipline 4. Loss of privileges mandated by regulations. ☒ ☐ ☐ SBCSOCM 600 Inmate Discipline A staff member with investigative and punitive authority SBCSOCM 600 Inmate Discipline shall be designated as a disciplinary officer to impose such ☒ ☐ ☐ consequences. Staff shall not participate in disciplinary review if they are SBCSOCM 600 Inmate Discipline ☒ ☐ ☐ involved in the charges. Such charges pending against an inmate shall be acted on SBCSOCM 600 Inmate Discipline with the following provisions and within specified ☒ ☐ ☐ timeframes: 1. A copy of the report, and/or a separate written notice SBCSOCM 600 Inmate Discipline ☒ ☐ ☐ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be SBCSOCM 600 Inmate Discipline 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 SBCSOCM 600 Inmate Discipline 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. 21 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 4. A charge(s) shall be acted on no later than 72 hours SBCSOCM 600 Inmate Discipline after an inmate has been informed of the charge(s) in ☒ ☐ ☐ writing. 5. Subsequent to final disposition of disciplinary SBCSOCM 600 Inmate Discipline charges by the disciplinary officer, the charges and the ☒ ☐ ☐ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by SBCSOCM 600 Inmate Discipline the fact-finders 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 SBCSOCM 600 Inmate Discipline ☒ ☐ ☐ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator SBCSOCM 600 Inmate Discipline 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 SBCSOCM 600 Inmate Discipline conditions or restrictions that reasonably relate to a ☒ ☐ ☐ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE SBCSOCM 600 Inmate Discipline The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule Samples of Disciplinary Reports were reviewed infraction. Acceptable forms of discipline shall consist of, for this inspection from July 2020 through but not be limited to, the following: December 2020. Some reports were very (a) Loss of privileges. concise and quickly described the violation (b) Extra work detail. while others were lengthier. Inmates are provided the option of waiving a hearing or (c) Short term lockdown for less than 24 hours. ☒ ☐ ☐ having a hearing. During this review, most (d) Removal from work details. disciplinary hearings were waived. According (e) Forfeiture of “good time” credits earned under Penal to the documentation, an inmate’s signature is Code Section 4019. required upon issuance of a disciplinary report. (f) Forfeiture of “work time” credits earned under Penal Times of infractions are identified as well as the Code Section 4019. time the inmate received the disciplinary notice. (g) Disciplinary separation. Most were issued within minutes of the (h) Disciplinary separation diet. infraction. The type of infraction is determined as Low, Moderate, High or those having multiple major violations. 1083 LIMITATIONS ON DISCIPLINARY SBCSOCM 600 Inmate Discipline ACTIONS Sanctions associated with the level of violation The Penal Code and the State Constitution expressly are available in the Inmate Orientation and prohibit all cruel and unusual punishment. Additionally, Rulebook. there shall be the following limitations: (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. 22 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) The disciplinary separation cells or cell shall have the SBCSOCM 600 Inmate Discipline 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. (c) The delegation of authority to any inmate or group of SBCSOCM 600 Inmate Discipline 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 SBCSOCM 600 Inmate Discipline 2, 1231.2.5, or any restraint device be used for disciplinary ☒ ☐ ☐ purposes. (e) No inmate may be deprived of the implements necessary SBCSOCM 600 Inmate Discipline 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. ☒ ☐ ☐ SBCSOCM 600 Inmate Discipline (g) The disciplinary separation diet described in section SBCSOCM 600 Inmate Discipline 1247 of these regulations shall only be utilized for major ☒ ☐ ☐ violations of institutional rules. (1) In addition to the provisions of Section 1247, SBCSOCM 600 Inmate Discipline 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 SBCSOCM 600 Inmate Discipline facility manager shall approve any continuation on ☐ ☐ ☐ that diet every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except SBCSOCM 600 Inmate Discipline 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 SBCSOCM 600 Inmate Discipline ☒ ☐ ☐ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS SBCSOCM 600 Inmate Discipline Penal Code Section 4019.5 requires that a record is kept of Disciplinary records are attached to an inmate’s all disciplinary infractions and punishment administered ☒ ☐ ☐ electronic file. therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 23 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1206.5 MANAGEMENT OF COMMUNICABLE Chapter 7 Medical-Mental Health Policies of the DISEASES IN A CUSTODY SETTING San Benito County Sheriff’s Office Custody Manual (a) The responsible physician, in conjunction with the facility administrator and the county health officer, shall develop a written plan to address the identification, On 03/06/20, San Benito County signed a treatment, control and follow-up management of proclamation of Existence of a Local tuberculosis symptoms, referral for a medical ☒ ☐ ☐ Emergency related to COVID-19. Precautions evaluation, treatment responsibilities during were identified at that time. On April 9, 2020 incarceration and coordination with public health the San Benito Sheriff’s Office issued an officials for follow-up treatment in the community. The updated memorandum to detention and plan shall reflect the current local incidence of correctional staff ordering the use of Personal communicable diseases which threaten the health of Protective Equipment. In the memorandum it inmates and staff. described how new inmates would be processed and housed. (b) Consistent with the above plan, the health authority SBCSOCM 700 Health Care Administrative shall, in cooperation with the facility administrator and Meetings and Reports the county health officer, set forth in writing, policies ☒ ☐ ☐ and procedures in conformance with applicable state and federal law, which include, but are not limited to: (1) The types of communicable diseases to be reported; ☒ ☐ ☐ SBCSOCM 730 Communicable Diseases (2) The persons who shall receive the medical reports; ☒ ☐ ☐ SBCSOCM 730 Communicable Diseases (3) Sharing of medical information with inmates and SBCSOCM 730 Communicable Diseases custody staff: ☒ ☐ ☐ SBCSOCM 766 Inmate Health Care Communication (4) Medical procedures required to identify the SBCSOCM 730 Communicable Diseases presence of diseases(s) and lessen the risk of ☒ ☐ ☐ exposure to others; (5) Medical confidentiality requirements; SBCSOCM 730 Communicable Diseases ☒ ☐ ☐ SBCSOCM 776 Privacy of Care (6) Housing considerations based upon behavior SBCSOCM 730 Communicable Diseases ☒ ☐ ☐ medical needs and safety of the affected inmates; (7) Provisions for inmate consent that address the SBCSOCM 730 Communicable Diseases ☒ ☐ ☐ limits of confidentiality; and, SBCSOCM 776 Privacy of Care (8) Reporting and appropriate action upon the possible SBCSOCM 730 Communicable Diseases exposure of custody staff to a communicable ☒ ☐ ☐ disease. 1211 SICK CALL SBCSOCM 704 Non-Emergency Health Care Requests and Services There shall be written policies and procedures developed by the facility administrator, in cooperation with the health ☒ ☐ ☐ authority, which provides for a daily sick call conducted for all inmates or provision made that any inmate requesting medical/mental health attention be given such attention. 1260 STANDARD INSITUTIONAL CLOTHING SBCSOCM 814 Inmate Hygiene This is also listed in the Inmate Orientation and The standard issue of climatically suitable clothing to Rulebook ☒ ☐ ☐ inmates held after arraignment in all but Court Holding, Temporary Holding and Type IV facilities shall include, but not be limited to: (a) Clean socks and footwear; 2 pair of socks and 1 pair of footwear issued at ☒ ☐ ☐ dress-in. Socks are laundered weekly. (b) Clean outergarments; and, 2 outer tops and 2 pair of pants issued at dress- ☒ ☐ ☐ in. Both are laundered weekly. (c) Clean undergarments; ☐ ☐ ☐ 24 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) For males – shorts and undershirt, and 2 pairs of underwear and 2 T-shirts issued at ☒ ☐ ☐ dress-in. Both are exchanged weekly. (2) For females – bra and two pairs of panties. 2 bra’s and 2 pair of panties issued at dress-in. ☒ ☐ ☐ Both are exchanged weekly. The inmate’s personal undergarments and footwear may be The facility provides all clothing needed. The substituted for the institutional undergarments and footwear exchange of clothing is mandatory. Inmates are specified in this regulation. This option notwithstanding, the ☒ ☐ ☐ provided a net bag to hold clothing and are facility has the primary responsibility to provide the discouraged from washing their own clothes. personal undergarments and footwear. Clothing shall be reasonably fitted, durable, easily laundered ☒ ☐ ☐ and repaired. 1264 CONTROL OF VERMIN IN INMATES’ SBCSOCM 810 Vermin and Pest Control PERSONAL CLOTHING There shall be written policies and procedures developed by ☒ ☐ ☐ the facility administrator to control the contamination and/or spread of vermin in all inmates’ personal clothing. Infested clothing shall be cleaned, disinfected, or stored in a closed container so as to eradicate or stop the spread of vermin. 1265 ISSUE OF PERSONAL CARE ITEMS SBCSOCM 814 Inmate Hygiene There shall be written policies and procedures developed by In the identification of personal care items, this the facility administrator for the issue of personal hygiene policy states: “Materials as appropriate to the items. Each female inmate shall be provided with sanitary special hygiene needs of women.” It does not napkins, panty liners, and tampons as requested. Each address the issuance of sanitary napkins, panty inmate to be held over 24 hours who is unable to supply liners, and tampons. When both inmates and himself/herself with the following personal care items, staff were interviewed about access to feminine because of either indigency or the absence of an inmate hygiene products both sides indicated that panty canteen, shall be issued: liners were not provided, however pads and ☒ ☐ ☐ tampons were upon request. When the Captain was notified that panty liners were required under this regulation, he immediately began the process of ordering those items. Reverification will be made prior to the end of this inspection cycle. The BSCC recommends that all three items be identified as available to inmates in the Inmate Rules and Orientation manual and all staff informed. (a) Toothbrush, ☒ ☐ ☐ SBCSOCM 814 Inmate Hygiene (b) Dentifrice, ☒ ☐ ☐ SBCSOCM 814 Inmate Hygiene (c) Soap, ☒ ☐ ☐ SBCSOCM 814 Inmate Hygiene (d) Comb, and ☒ ☐ ☐ SBCSOCM 814 Inmate Hygiene (e) Shaving implements. Upon request. Other barbering equipment ☒ ☐ ☐ available. Inmates shall not be required to share any personal care SBCSOCM 814 Inmate Hygiene ☒ ☐ ☐ items listed in the items “a” through “d”. 1266 SHOWERING SBCSOCM 814 Inmate Hygiene There shall be written policies and procedures developed by Both the policy and Inmate Orientation and the facility administrator for inmate showering/bathing. ☒ ☐ ☐ Rulebook states inmates are required to shower Inmates shall be permitted to shower/bathe upon assignment every other day. to a housing unit and at least every other day or more often if possible. 25 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1267 HAIR CARE SERVICES (EXCERPT) SBCSOCM 616 Grooming ☒ ☐ ☐ SBCSOCM 814 Inmate Hygiene (a) Hair care services shall be available. (b) Inmates, except those who may not shave for reasons of SBCSOCM 616 Grooming identification in court, shall be allowed to shave daily SBCSOCM 814 Inmate Hygiene and receive hair care services at least once a month. The facility administrator may suspend this requirement in ☒ ☐ ☐ Barber and Cosmetology Services are provided, relation to inmates who are considered to be a danger to and electric shavers are issued upon request. themselves or others. Disinfecting of equipment is done by staff. 1270 STANDARD BEDDING AND LINEN ISSUE SBCSOCM 814 Inmate Hygiene The standard issue of clean suitable bedding and linens, for ☒ ☐ ☐ Inmates clothing is laundered via the use of each inmate entering a living area who is expected to remain laundry net bags. This allows inmates to overnight, shall include, but not limited to: receive the same clothing throughout their entire stay. (a) One serviceable mattress which meets the requirements ☒ ☐ ☐ of Section 1272 of these regulations; (b) One mattress cover or one sheet; ☒ ☐ ☐ (c) One towel; and, One hand towel and one bath towel provided to ☒ ☐ ☐ each inmate. (d) One blanket or more depending up on climatic Two blankets are issued at dress-in. ☒ ☐ ☐ conditions. Two blankets or sleeping bag may be issued in place of one ☒ ☐ ☐ mattress cover or one sheet. 1280 FACILITY SANITATION, SAFETY, AND SBCSOCM 804 Housekeeping and MAINTENANCE Maintenance The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of ☒ ☐ ☐ At the time of the inspection, the facility was cleanliness, repair and safety throughout the facility. Such a clean. The appearance of the facility seemed to plan shall provide for a regular schedule of housekeeping indicate that maintenance issues were addressed tasks and inspections to identify and correct unsanitary or and resolved in a timely manner. No excessive clothing was handing from bunks. unsafe conditions or work practices which may be found. DETENTION OF MINORS Are minors held in this facility? If yes, the following Minors are not held at this facility. sections including those summarizing the regulations identified in Title 15, Article 8 of these regulations apply ☐ ☐ ☒ (Minors in Jails). Note: Reference PC § 207.1(b), 207.6, 707.1 42 USC 5633 SECTION 223(a)(12) SEPARATION Minors are not held at this facility. Juveniles are not confined or detained in any facility in which they have contact with adult prisoners. ☐ ☐ ☒ Reference: WIC 208 26 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1101 RESTRICTIONS ON CONTACT WITH Minors are not held at this facility. ADULT PRISONERS The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between detained minors and adults confined in the facility. In situations where brief or accidental contact may occur, such ☐ ☐ ☒ as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact. The above restrictions do not apply to minors who are participating in supervised program activities pursuant to Section 208 (c) of the Welfare and Institutions Code. 1102 CLASSIFICATION Minors are not held at this facility. The facility administrator shall develop and implement a ☐ ☐ ☒ written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include the following: (a) a procedure for receiving and transmitting information regarding minors who present a risk or hazard to self or others ☐ ☐ ☒ while confined at the facility, and the segregation of such minors to the extent possible within the limits of the facility. (b) a procedure to provide care for any minor who appears to be in need of or who requests medical, mental health, or developmental disability treatment. Written procedures shall ☐ ☐ ☒ be established by the responsible health administrator in cooperation with the facility administrator. (c) a suicide prevention program designed to identify, monitor, and provide treatment to those minors who present a ☐ ☐ ☒ suicide risk. (d) provide that minors be housed separately from adults and not be allowed to come or remain in contact with adults except ☐ ☐ ☒ as provided in Sections 208(c) of the Welfare and Institutions Code. 1103 RELEASE PROCEDURES Minors are not held at this facility. Facility staff shall notify the parents or guardians prior to the ☐ ☐ ☒ release of a minor. The minor's personal clothing and valuables shall be returned to the minor, parents or guardian, upon the minor's release or consent. 1104 SUPERVISION OF MINORS Minors are not held at this facility. ☐ ☐ ☒ The facility administrator shall develop and implement policy and procedures that provide for: (a) continuous around-the-clock supervision of minors with ☐ ☐ ☒ assurance that staff can hear and respond; and, (b) safety checks of minors at least once every 30 minutes. Minors are not held at this facility. These safety checks shall include the direct visual observation of movement and/or skin. Safety checks shall not be replaced, but may be supplemented by, an audio/visual electronic ☐ ☐ ☒ surveillance system designed to detect overt, aggressive, or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented. 27 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1105 RECREATIONAL PROGRAMS Minors are not held at this facility. The facility administrator shall develop written policies and procedures to provide a recreation program that shall protect ☐ ☐ ☐ the welfare of minors and other inmates, recognize facility security needs and comply with minimum jail standards for recreation (California Code of Regulations, Title 15, Section 1065). 1106 DISCIPLINARY PROCEDURES Minors are not held at this facility. Nothing in this regulation shall prevent the administrator from removing a detained minor from the general population ☐ ☐ ☒ or program for reasons of the minor's mental or physical health; or under any circumstances in which the safety of the minor, other inmates, staff, the program or community is endangered, pending a disciplinary action or review. (a) Minors requiring disciplinary confinement shall be housed only in living areas designated for the detention of ☐ ☐ ☒ minors. (b) Permitted forms of discipline include: ☐ ☐ ☒ (1) loss of privileges; and, (2) disciplinary confinement. ☐ ☐ ☒ (c) Access to visitation and recreation shall be restricted only after a second level review by a supervisor or manager, and ☐ ☐ ☒ shall not extend beyond five days without subsequent review. (d) A status review shall be conducted for those minors placed ☐ ☐ ☒ in disciplinary confinement no less than every 24 hours. (e) Prohibited forms of discipline include: ☐ ☐ ☒ (1) discipline that does not fit the violation; (2) corporal punishment; ☐ ☐ ☒ (3) inmate imposed discipline; ☐ ☐ ☒ (4) placement in safety cells; ☐ ☐ ☒ (5) deprivation of food; and, ☐ ☐ ☒ (6) the adult disciplinary diet. ☐ ☐ ☒ 1120 EDUCATION PROGRAM FOR MINORS IN Minors are not held at this facility. JAILS Whenever a minor is held in a Type II or III facility, the ☐ ☐ ☒ facility administrator shall coordinate with the County Department of Education or County Superintendent of Schools to provide education programs as required by Section 48200 of the Education Code. 1122.5 PREGNANT MINORS Minors are not held at this facility. (a) The health administrator, in cooperation with the facility ☐ ☐ ☒ administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the Minors are not held at this facility. responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☐ ☒ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. 28 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) A pregnant minor in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, she shall be advised, orally or in writing, of the standards and ☐ ☐ ☒ policies governing pregnant minors. 1047 SERIOUS ILLNESS OR INJURY OF A Minors are not held at this facility. MINOR IN AN ADULT DETENTION FACILITY 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. 29 4205 San Benito County Jail PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) ADULT TYPE I, II, III AND IV FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 3/80; 8/86; 5/88; 1/91 BSCC Code: 4205 FACILITY NAME: San Benito County Jail FACILITY TYPE: II APPLICABLE REGULATIONS (Check All That Apply): 3/80: 8/86: 5/88:  1/91: OTHER: FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/08/21 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 Water fountain accessible X Wash basin accessible X Provides clear visual supervision X Telephone accessible X Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Temporary Staging Cell or Room (2.3) 1-91: Added provision for temporary staging cells-rooms X Holds inmates classified and segregated per Title 15 § 1050 and § 1053 Limited to holding inmates up to 4 hours X Maximum capacity of no more than 80 inmates X Contains 10 square feet of floor space per inmate and has a X ceiling height of at least 8 feet No smaller than 160 square feet X Contains seating to accommodate all inmates X Contains water closet, wash basin and drinking fountain X Provides unobstructed visual supervision of inmates by staff X Sobering Cells (2.4) X 01: Name change to “sobering cell” Contain 20 square feet of floor per inmate Limited to no more than 8 inmates X No smaller than 60 square feet X Contain toilet X Contain washbasin X Contain drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Provide easy, unobstructed visual observation X 4205 San Benito II PHY 20-22 - 1 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Padding on the floor X Shower-Delousing Room (3.4) X Available in reception/booking Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) Telephones are available in the small and large X Available for inmate use per Penal Code § 851.5 holding cells. Safety Cells (2.5) X Contain 48 square feet with one floor dimension at least 6 feet and ceiling height of at least 8 feet Limited to no more than one inmate X Contain flush ring toilet with controls located outside the X cell Padded floor, door and walls X Equipped with variable intensity, security light, inaccessible X to occupant Vertical view panel not more than 4 inches wide and at least X 24 inches long, in or adjacent to the door Provide a food pass with lockable shutter no more than 4 inches high and located at least 30 inches above the floor X Single Occupancy Cells (2.6) X Maximum capacity of one inmate 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 ceiling height of 8 feet X Contain toilet, washbasin and drinking fountain X Contain a bunk, desk and seat (Desk and seat not required in Type I in later, less restrictive 1986 standards) X Multiple Occupancy Cells (8227) 8-86: Deleted provision for multiple occupancy cells X Contain 35 square feet per person Limited to no more than 8 inmates X No smaller than 100 square feet X Minimum ceiling height of 8 feet X Water closet separate from washbasin and drinking fountain X Sufficient bunks to accommodate each occupant X Provide storage space for each occupant's personal items X Multiple Occupancy Rooms (8229) 8-86: Deleted provision for multiple occupancy rooms X Limited to housing persons in Type III and IV facilities and workers in Type I and II facilities Contain 50 square feet of floor area per person and a X minimum of 8 feet ceiling height Limited to no more than 16 persons X 4205 San Benito II PHY 20-22 - 2 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Access to toilets separate from washbasins (ratio 1:8) and X drinking fountains Provide storage space for each occupant's personal items X Double Occupancy Cells (2.7) 5-88: Added provision for double occupancy cells X Maximum capacity of two inmates Contain a minimum of 60 square feet of floor space in Type X I facilities and 70 square feet in Type II and III facilities Have a minimum ceiling height of 8 feet and one floor X dimension at least 6 feet Contain toilet, washbasin and drinking fountain X Contain 2 bunks, 1 desk and seat (Desk and seat not required in Type I facilities) X Dormitories (2.8) 8-86: Provision for dormitories added X Contain 50 square feet of floor area per inmate and a minimum of 8 feet ceiling height Be designed for no fewer than 8 and no more than 64 X inmates Facilities having a total rated capacity of 80 inmates or less, X may design dormitories for no fewer than 4 inmates Access to toilets separate from washbasins (ratio 1:8) and Previous inspection identified as Dorm C not drinking fountains having sufficient toilets for RC; RC=35, does 01: Ratio changed to 1:10 meet regulation, however there are 52 beds in that dorm. When fully occupied, there are insufficient toilets. At the time of this inspection, there were X 32 inmates assigned to this living area. Previous inspection also identified Housing area E as not having sufficient toilets for RC. Based upon dimensions and beds, there are sufficient toilets in this area. At the time of inspection only 2 inmates were housed in this area. Provide storage space for each inmates' personal items X Dayrooms (2.9) 8-86: Added requirement for 3 foot wide corridors in front X of cells-rooms 99: Corridor requirement deleted 35 square feet of floor area per inmate Dorms require 35 square feet of dayroom space per inmate. Unit “C” dayroom contains 1,234 square feet, enough for 35 inmates. At the time of the inspection, there were 32 inmates housed in Unit “C”, but 20 empty beds. When housing inmates X over the RC, the agency is not compliant with this regulation. Where possible, for all housing area having beds over the Rated Capacity, BSCC recommends reducing the beds to the RC number. Contain tables and seating to accommodate the maximum X number of inmates served Access to toilets, washbasins and drinking fountains X 4205 San Benito II PHY 20-22 - 3 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Available to all inmates in Type II and III facilities (excluding special use cells) and to workers in Type I X facilities Shower (3.4) Unit “C” has 52 beds. When fully occupied, this area is out of compliance. At the time of Available on a ratio of 1:16 X inspection, 32 inmates were assigned this housing 01: Ratio changed to 1:20 area. Lighting (3.6) Sufficient to permit easy reading. Night lighting is sufficient to allow good supervision. X 8-86: Specifies at least 20 foot-candles at desk level and in grooming areas, with night lighting not to exceed 5 foot-candles Beds-Bunks (3.5) X 30 inches wide and 76 inches long Comfortable Living Environment [102(c)6] A comfortable living environment is maintained through an X adequate heating and cooling system. Exercise Area -Type II, III and WA IV (2.10) X At least one exercise area must contain a minimum of 900 square feet 8-86: Outdoor exercise area provided X 8-86: Clear height of 15 feet with required surface area meeting a formula of: 80% of maximum rated X inmate population and number of one-hour exercise periods per day = required surface area Program Space - Type II and III (2.11) Sufficient area and furnishings to meet the needs of the X facility programs Dining Facilities (2.17) X 15 square feet per inmate being fed Toilets, washbasins and showers are not in the same room or not in view of inmate dining X Visiting (2.18) X Sufficient visiting area Contact visits whenever possible for minimum security inmates X Attorney Interviews (2.26) X Provide for confidential attorney consultation 4205 San Benito II PHY 20-22 - 4 - A381 PHY Type 80 86 88 91.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Safety Equipment Storage (2.19) Adequate space is provided for storage of equipment such X as fire extinguishers, SCBA, emergency lights, etc. Janitor Closet (2.20) Located in security areas lockable, containing a mop sink X and storage space Storage Rooms (2.21) Sufficient space to accommodate inmate property, bedding X and supplies Audio or Video Monitoring System -NA Type IV (2.22) X Audio monitoring system capable of alerting staff in a central control Video monitoring in corridors, main entries and/or exits and programs or activity areas X Fire Detection and Alarm System [102(c)6] X Automatic fire alarm system capable of alerting staff in a central control point Emergency Power (2.24) Available to provide minimal lighting, maintain X communications, alarm, fire, life and security systems Provide Space for: Barber/beauty shop(2.15) X 8-86: Limit requirement to Type II and III facilities 99: Requirement deleted Canteen (2.16) X 8-86: Added for II, III & IV facilities Confidential Interview Rooms (2.25) 8-86: Added for Type II facilities X 4205 San Benito II PHY 20-22 - 5 - A381 PHY Type 80 86 88 91.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 4205 FACILITY: San Benito County Jail TYPE: II RC: 142 FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/08/21 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 Booking Sobering 1988 1 6 (6) 7.6 x 18.7 x 8.0 1 1 1 (Large) Note: Less approximately 20 square feet due to irregular shape. Booking 1 Safety 1988 1 1 (1) 7.5 x 6.6 x 8.0 1 Booking 2 Safety 1988 1 1 (1) 7.5 x 6.6 x 8.0 1 Booking Holding 1988 1 5 (5) 7.8 x 8.5 x 8.0 1 1 1 small Note: Less approximately 8 square feet due to irregular shape. 8.5 feet of bench space. Booking Holding 1988 1 14 (14) 10.2 x 13.9 x 8.0 1 1 1 Large Note: 23 feet of bench space. Booking Sobering 1988 1 3 (3) 5.9 x 11.0 x 8.0 1 1 1 (small) HOUSING AREAS A Single 1988 5 1 1 5 10.7 x 7.7 x 8.0 1 1 1 A Double 1988 11 2 2 22 10.7 x 7.7 x 8.0 1 1 1 Note: Two showers in unit. Dayroom 959 square feet -dayroom space limits RC to 27. One of the double rooms is counted as a single. B Dorm 1988 1 35 35 35 4 4 1 2 Note: 2001 Regs applied to beds and fixtures. Dorm -1568 sq. ft., dayroom -1234 sq. ft. Irregular shaped - dayroom limits RC to 35 C Dorm 1988 1 52 35 35 4 4 4 2 “Housing Area C” is divided into two sleeping areas: “C Dorm” and “C Interior.” “C Dorm” contains 1144 square feet of sleeping space. There is a dayroom containing 1234 square feet and 2 showers. The dayroom and showers are shared with the occupants of “C Interior”. Applying the 2001 standards to beds and fixtures, this living area may house no more than 35 inmates (limited by dayroom space). Currently there are only single beds in C Dorm and as such is limited to 22 beds by the living area floor space. 2015: Agency has modified bed count as follows: C-Dorm = 9 singles & 3 doubles downstairs (15) and 5 doubles & 10 singles (20) upstairs; bed count changed from 31 to 35. .Note: “C Interior” is a 424 square foot separate dormitory area (secure) within “C Dorm.” There is a shared dayroom containing 1234 square feet and the 2 showers in “C Dorm” that are shared with the occupants of “C Interior”. Applying the 2001 standards to beds and fixtures, this living area, combined with “C Dorm,” may house no more than 35 inmates (limited by dayroom space). Currently there are only single beds in C Interior and as such is limited to 8 beds by the living area floor space. 2015: Agency has modified bed count as follows: C-Interior = 2 triples & 5 singles (11 beds); bed count changed from 7 to 11. 20-22 Inspection: There is no door locking C dorm interior section to the rest of the area, thus this can be counted as one dorm. The interior section had 13 beds (previously 11). 21 beds were located in the upstairs living area and 18 beds were downstairs for a total of 39 (previously 35). Not all beds are used. RC remains the same. Fixtures comply with RC, but not current bed count. D Single 1988 5 1 1 5 11.0 x 7.5 x 8.0 1 1 1 D Double 1988 11 2 2 22 11.0 x 7.5 x 8.0 1 1 1 Note: Two showers in unit. Dayroom 959 square feet. Dayroom limits RC to 27 *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. 4205 San Benito Type II LAS (20-22) - 1 - A360 LAS Adult.dot (03/01) FEMALE HOUSING E Double 1988 4 2 2 8 11.0 x 7.5 x 8.0 1 1 1 Note: One shower, dayroom is 449 square feet, cells are irregular shape, minus 9 sq. ft. F-1 Dorm 1988 1 10 5 5 1 1 1 1 F-2 Dorm 1988 1 7 5 5 1 1 1 1 Note: Each dorm is 200 sq ft, common dayroom -358 square feet. One shower is in each dorm. Bunks moved in for total of 14 inmates. 2015: bunks moved in; new bed count is: F1- 1 triple, 1 single, 2 double (10); F2 – 3 singles, 2 doubles (7). Bed count changed from 10 combined to 17 in two units, F1 & F2. *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. 4205 San Benito Type II LAS (20-22) - 2 - A360 LAS Adult.dot (03/01) COURT HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:4210 FACILITY NAME: San Benito County Hollister Courthouse FACILITY TYPE: CH PERSON(S) INTERVIEWED: Captain Tony Lamonica FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/8/2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY SBCSOCM 312 Training HOLDING FACILITY TRAINING STC has determined that this agency is current Custodial personnel who supervise inmates in, and with all required training. supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: Custody personnel transport inmates to the (a) applicable minimum jail standards; courthouse and remain on site until the (b) jail operations liability; ☒ ☐ ☐ proceedings are completed. Jail policies are (c) inmate segregation; followed as well as the Court Services (d) emergency procedures and planning, fire and life safety; Procedure Manual. 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 SBCSOCM 312 Training any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. STC has determined that this agency is current Successful completion of Core training or supplemental ☒ ☐ ☐ with all required 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 SBCSOCM 312 Training every two years. Successful completion of the requirements in Section 1025, Continuing Professional Training may be ☒ ☐ ☐ STC has determined that this agency is current substituted for the eight hour refresher. with all required training. 1027 NUMBER OF PERSONNEL SBCSOCM 204 Supervision of Inmates – Minimum Requirements A sufficient number of personnel shall be employed in each SBCSOCM 247 Staffing Plan ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. Whenever there is an inmate in custody, there shall be at SBCSOCM 204 Supervision of Inmates – least one employee on duty at all times in a local detention Minimum Requirements 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. 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. 4210 San Benito Hollister CH PRO 20-22 - 1 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such an employee shall not have any other duties which SBCSOCM 204 Supervision of Inmates – would conflict with the supervision and care of inmates in ☒ ☐ ☐ Minimum Requirements the event of an emergency. Whenever one or more female inmates are in custody, there SBCSOCM 204 Supervision of Inmates – shall be at least one female employee who shall be Minimum Requirements ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for SBCSOCM 204 Supervision of Inmates – a specific facility, the facility administrator shall prepare and Minimum Requirements retain a staffing plan indicating the personnel assigned in the SBCSOCM 247 Staffing Plan facility and their duties. Such a staffing plan shall be reviewed by the Board staff at the time of their biennial When the court holding facility is used it is inspection. The results of such a review and recommendations shall be reported to the local jurisdiction ☒ ☐ ☐ staffed by Transportation personnel. The court room holding cells are mainly staffed by extra- having fiscal responsibility for the facility. help, retired deputies. Due to COVID-19 the court holding facility has not been used and inmates, when needed, are delivered directly to the court room under constant supervision of the bailiff. 1027.5 SAFETY CHECKS SBCSOCM 508 Inmate Safety Checks Safety checks shall be conducted at least hourly through SBCSOCSPM Correctional/Transportation direct visual observation of all inmates. There shall be no Deputy more than a 60 minute lapse between safety checks. ☒ ☐ ☐ Inmates do not have court appearances every day. In normal times, without COVID-19, inmates are transported to the courts and a San Benito County Court Services – Cell Security Check Log is maintained, and safety check documentation indicates that they are perfumed hourly and randomly. There shall be a written plan that includes the documentation SBCSOCM 508 Inmate Safety Checks of routine safety checks. SBCSOCSPM Correctional/Transportation ☒ ☐ ☐ Deputy SBCSOCSPM Security Checks of Court Holding Cells 1028 FIRE AND LIFE SAFETY STAFF SBCSOCM 406 Fire Safety 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[b]) The facility manager shall ensure that there is at least one SBCSOCM 406 Fire Safety person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 4210 San Benito Hollister CH PRO 20-22 - 2 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 San Benito County Sheriff’s Office Custody Manual (SBCSOCM) Facility administrator(s) shall develop and publish a manual Last review date: 10/24/19 of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and San Benito County Sheriff’s Office Policy Title 24 regulations and shall be comprehensively reviewed Manual (SBCSOPM) and updated at least every two years. Such a manual shall be Last review date: 10/25/19 made available to all employees. San Benito Sheriff’s Office Court Services The policies and procedures required in subsections (a)(6) Procedure Manual (SBSOCSPM) and (a)(7) may be placed in a separate manual to ensure ☒ ☐ ☐ Last review date: March 2014 confidentiality. Subsections d does not apply and has been deleted. San Benito County Sheriff has three separate manuals that deputies follow: Custody Manual, Law Enforcement Policy Manual, and the Court Services Manual. Overlapping policies may exist. If a policy is not identified in the Court Services Manual, the policy from the Custody Manual is followed. At the time of inspection, the Court Services Procedure Manual was under revision. (a) The manual shall provide for, but not be limited to, the SBCSOCM 100 Organizational Structure and following: Responsibility ☒ ☐ ☐ (1) Table of organization, including channels of SBSOCSPM Organizational Structure communications. (2) Inspections and operations reviews by the facility SBCSOCM 112 Annual Facility Inspection administrator/manager. ☒ ☐ ☐ SBSOCSPM Self-Assessment and Audit of Court Security (3) Policy on the use of force. SBCSOPM 300 Use of Force ☒ ☐ ☐ SBCSOCM 521 Use of Force SBSOCSPM Use of Force (4) Policy on the use of restraint equipment, including the SBCSOCM 523 Use of Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (6) Security and control including physical counts of SBCSOCM 502 Inmate Counts inmates, searches of the facility and inmates, contraband SBCSOCM 527 Searches control, and key control. Each facility administrator shall, SBSOCSPM Self-Assessment and Audit of at least annually, review, evaluate, and make a record of ☒ ☐ ☐ Court Security security measures. The review and evaluation shall include internal and external security measures of the Last inspection: 05/13/20 Verify facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: ☒ ☐ ☐ (A) fire suppression preplan as required by section SBCSOCM 400 Facility Emergencies 1032 of these regulations; ☒ ☐ ☐ SBCSOCM 406 Fire Safety SBCSOCSPM Fire Detection and Equipment 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4210 San Benito Hollister CH PRO 20-22 - 3 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (B) escape, disturbances, and the taking of hostages; SBCSOCM 400.9 Escapes SBCSOCM 400.6 Response to Disturbances SBCSOCM 400.7 Riots ☒ ☐ ☐ SBCSOCM 400.8 Hostages SBSOCSPM Escapes SBSOCSPM Civil Disturbances SBSOCSPM Hostage Incident (C) mass arrests; SBCSOCM 400.10 Civil Disturbances Outside ☒ ☐ ☐ of the Jail (D) natural disasters; SBCSOCM 400 Facility Emergencies ☒ ☐ ☐ SBCSOCM 404 Emergency Staffing SBSOCSPM Incident Command System (E) periodic testing of emergency equipment; and, SBCSOCM 400.11 Review of Emergency ☒ ☐ ☐ Procedures SBSOCSPM Fire Detection and Equipment (F) storage, issue, and use of weapons, ammunition, SBCSOCM 514.5 Storage of Weapons, chemical agents, and related security devices. ☒ ☐ ☐ Chemical Agents and Control Devices (8) Suicide Prevention. SBCSOCM 724 Mental Health Services SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ Intervention SBSOCSPM Suicide Prevention Plan (9) Segregation of Inmates. SBCSOCM 510 Special Management Inmates ☒ ☐ ☐ SBCSOCM 516 Inmate Classification SBSOCSPM Mixing of Classifications (10) Zero tolerance in the prevention of sexual abuse and SBCSOCM 612 Prison Rape Elimination Act ☒ ☐ ☐ sexual harassment. Inmate Orientation and Rulebook (11) Policy and procedure to detect, prevent, and respond SBCSOCM 612 Prison Rape Elimination Act to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Inmate Orientation and Rulebook any abuse. (b) The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure ☒ ☐ ☐ confidentiality. (c) The manual for court holding facilities shall include all of the procedures listed in subsection (a), except number (5) ☒ ☐ ☐ (which has been deleted). (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be ☒ ☐ ☐ limited to, the following: (1) multiple internal ways for inmates to privately report SBCSOCM 612 Prison Rape Elimination Act sexual abuse and sexual harassment, retaliation by other Inmate Orientation and Rule Book inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of ☒ ☐ ☐ Though this is provided in the Inmate responsibilities that may have contributed to such Orientation and Rule Book, the BSCC incidents, recommends that a poster also be placed in the court holding area. (2) a method for uninvolved inmates, family, SBCSOCM 612 Prison Rape Elimination Act community members, and other interested third-parties Inmate Orientation and Rule Book to report sexual abuse or sexual harassment. The method for reporting shall be publicly posted at the ☒ ☐ ☐ BSCC recommends that the agency follow this facility. policy and provide information on how third parties can report these incidents on the department website. 4210 San Benito Hollister CH PRO 20-22 - 4 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1030 SUICIDE PREVENTION PROGRAM SBCSOCM 724 Mental Health Services SBCSOCM 728 Special Needs Medical The facility shall have a comprehensive written suicide Treatment prevention program developed by the facility administrator, SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ in conjunction with the health authority and mental health Intervention director, to identify, monitor, and provide treatment to those SBSOCSPM Suicide Prevention Plan inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ contact with inmates. Intervention (b) Intake screening for suicide risk immediately upon intake SBCSOCM 748 Suicide Prevention and and prior to housing assignment. Intervention SBSOCSPM Processing Remands ☒ ☐ ☐ A Medical Questions/Preliminary Classification form is completed upon acceptance into the holding facility. (c) Provisions facilitating communication among SBCSOCM 748 Suicide Prevention and arresting/transporting officers, facility staff, medical and Intervention mental health personnel in relation to suicide risk. SBSOCSPM Suicide Prevention Plan Based upon the answers to the Medical ☒ ☐ ☐ Screening form, those inmates with medical/mental health issues a call is placed to the medical staff at the jail. The Medical Screening form is also forwarded to the jail medical staff. (d) Housing recommendations for inmates at risk of suicide. SBCSOCM 748 Suicide Prevention and Intervention SBSOCSPM Suicide Prevention Plan ☒ ☐ ☐ The classification level of an inmate follows them to the court holding facility and appropriate precautions are taken. (e) Supervision depending on level of suicide risk. SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ Intervention SBSOCSPM Suicide Prevention Plan (f) Suicide attempt and suicide intervention policies and SBCSOCM 748 Suicide Prevention and procedures. ☒ ☐ ☐ Intervention SBSOCSPM Suicide Prevention Plan (g) Provisions for reporting suicides and suicides attempts. SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ Intervention SBSOCSPM Suicide Prevention Plan (h) Multi-disciplinary administrative review of suicides and SBCSOCM 748 Suicide Prevention and ☒ ☐ ☐ attempted suicides as defined by the facility administrator. Intervention 1032 FIRE SUPPRESSION PREPLANNING SBCSOCM 406 Fire Safety SBSOCSPM Fire Detection and Equipment 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 Alarm and Detection Equipment test was Marshal, or both, in developing a plan for fire suppression performed on 10/10/20 for the entire court which shall include, but not be limited to: facility. (a) a fire suppression pre-plan developed with the local fire SBCSOCM 406 Fire Safety department to be included as part of the policy and procedures ☒ ☐ ☐ SBSOCSPM Fire Detection and Equipment manual (Title 15, California Code of Regulations Section 1029); 4210 San Benito Hollister CH PRO 20-22 - 5 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) regular fire prevention inspections by facility staff on a SBCSOCM 406 Fire Safety monthly basis with two year retention of the inspection SBSOCSPM Fire Detection and Equipment record; Monthly staff fire inspections are not conducted at the holding facility. Fire prevention inspections are completed on a quarterly basis by the Hollister Fire Department or the court administration. An annual Inspection, Testing, and Maintenance Form – Portable Fire Extinguishers check is performed quarterly and annually by the Office of Court Construction and ☒ ☐ ☐ Management. Since the court holding facility has not been in use during this rating cycle, they are being determined as compliant with this regulation due to the quarterly and yearly inspections, but the BSCC strongly recommends that the San Benito Sheriff’s Office conduct its own fire prevention inspection of the holding areas monthly and retain copies for two years. Sample copies of fire inspection forms were provided. Verification of the monthly checks will be made prior to the end of this inspection cycle. (c) fire prevention inspections as required by Health and SBCSOCM 406 Fire Safety Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; Last Fire Inspection: 12/27/19 (d) an evacuation plan; and, SBCSOCM 406 Fire Safety SBSOCSPM Evacuation Plan ☒ ☐ ☐ SBSOCSPM Fire Detection and Equipment (e) a plan for the emergency housing of inmates in the case of SBCSOCM 406 Fire Safety fire. SBSOCSPM Fire Detection and Equipment ☒ ☐ ☐ Inmates would be returned to the jail facility 1044 INCIDENT REPORTS SBCSOCM 220 Report Preparation Each facility administrator shall develop written policies and SBSOCSPM Incident Reporting and Recording procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or No reports originated from the Court Holding serious threat of physical harm, to an employee or inmate of Facility during this inspection cycle as inmates a detention facility or other person. are not currently being held in that area. Such records shall include the names of the persons SBCSOCM 220 Report Preparation involved, a description of the incident, the actions taken, and the date and time of the occurrence. ☒ ☐ ☐ The reporting system is the same throughout the agency and maintained in an electronic media format. Such a written record shall be prepared by the staff assigned SBCSOCM 220 Report Preparation to investigate the incident and submitted to the facility ☒ ☐ ☐ SBSOCSPM Incident Reporting and Recording manager or his/her designee. 4210 San Benito Hollister CH PRO 20-22 - 6 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY SBCSOCM 750 Inmate Death – Clinical Care Review (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health Should an inmate die in custody while at the administrator, shall develop written policy and procedures to ☒ ☐ ☐ court holding facility, policy 750 Inmate Death ensure that there is an initial review of every in-custody death – Clinical Care Review is followed. 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 SBCSOCM 750 Inmate Death – Clinical Care clinical care; whether changes to policies, procedures, or Review ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor Minors are not supervised by the San Benito In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ County Sheriff’s Office in the court holding lockup, or court holding facility: facility. (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A ☐ ☐ ☒ copy of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter. ☐ ☐ ☒ Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN SBCSOCM 516 Inmate Classification SBSOCSPM Mixing of Classifications (b) Each administrator of a court holding facility shall establish and implement a written plan designed to provide The classification level of the inmates does not for the safety of staff and inmates held at the facility. The ☒ ☐ ☐ change while at the courthouse. Differing plan shall include receiving and transmitting of information classification levels are kept separate. regarding inmates who represent unusual risk or hazard while confined at the facility, and the segregation of such inmates to the extent possible within the limits of the court holding facility. (c) In deciding whether to assign an inmate to a housing area SBCSOCM 516 Inmate Classification for male or female inmates, and in making other housing and SBSOCSPM Mixing of Classifications programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 4210 San Benito Hollister CH PRO 20-22 - 7 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1051 COMMUNICABLE DISEASES SBCSOCM 700 Health Care Administrative Meetings and Reports The facility administrator, in cooperation with the SBCSOCM 730 Communicable Disease responsible physician, shall develop written policies and SBSOCSPM Medical Isolation of Inmates procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is This is addressed at intake by medical staff. For completed inmates remanded from court, a Medical ☒ ☐ ☐ Screening form is completed and if any communicable diseases are identified, jail medical is notified. All new inmates must be free of medical issues in order to be accepted at the jail. Those that are not must be taken to the hospital for clearance. At the time of intake into the facility, an inquiry shall be SBCSOCM 700 Health Care Administrative made of the person being booked as to whether or not he/she Meetings and Reports has or has had any communicable diseases, such as SBCSOCM 730 Communicable Disease 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 SBCSOCM 722 Medical Screening SBCSOCM 724 Mental Health Services The facility administrator, in cooperation with the SBSOCSPM Medical Isolation of Inmates responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered ☒ ☐ ☐ This is addressed at intake by medical staff. For inmates, and may include telehealth. inmates remanded from court, a Medical Screening form is completed and if any communicable diseases are identified, jail medical is notified. If an evaluation from medical or mental health staff is not SBCSOCM 722 Medical Screening readily available, an inmate shall be considered mentally SBCSOCM 724 Mental Health Services 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 This is addressed at intake by medical staff. For appears gravely disabled. ☒ ☐ ☐ inmates remanded from court, a Medical Screening form is completed and if any An evaluation from medical or mental health staff shall be communicable diseases are identified, jail secured within 24 hours of identification or at the next daily medical is notified. sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of SBCSOCM 722 Medical Screening the inmate or others. ☒ ☐ ☐ SBCSOCM 724 Mental Health Services SBSOCSPM Medical Isolation of Inmates 4210 San Benito Hollister CH PRO 20-22 - 8 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION SBCSOCM 510 Special Management Issues SBCSOCM 517 Inmate Classification Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for The classification level of the inmates does not the administrative segregation of inmates who are change while at the courthouse. Differing determined to be prone to: promote activity or behavior that classification levels are kept separate. Inmate is criminal in nature or disruptive to facility operations; housed in an Administrative Segregation demonstrate influence over other inmates, including environment in the jail, continue being influence to promote or direct action or behavior that is ☒ ☐ ☐ temporarily housed in a cell alone at the criminal in nature or disruptive to the safety and security of courthouse. 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 SBCSOCM 510 Special Management Issues secure housing but shall not involve any other deprivation of ☒ ☐ ☐ SBCSOCM 517 Inmate Classification privileges than is necessary to obtain the objective of protecting the inmates and staff. 1057 DEVELOPMENTALLY DISABLED SBCSOCM 604 Inmates with Disabilities INMATES This is addressed at intake by medical staff. For The facility administrator, in cooperation with the inmates remanded from court, a Medical ☒ ☐ ☐ responsible physician, shall develop written policies and Screening form is completed and if any procedures for the identification and evaluation, appropriate communicable diseases are identified, jail classification and housing, protection, and medical is notified. nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional SBCSOCM 604 Inmates with Disabilities center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ This takes place at the jail by medical staff. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES SBCSOCM 523 Use of Restraints SBSOCSPM Restraint of Defendants The facility administrator, in cooperation with the responsible physician, shall develop written policies and A restraint chair is authorized for use at the court procedures for the use of restraint devices and may delegate holding facility. If the restraint chair is used at authority to place an inmate in restraints to a responsible the court holding facility, policy 523 Use of health care staff. In addition to the areas specifically outlined ☒ ☐ ☐ Restraints policy is followed. in this regulation, at a minimum, the policy shall address the following areas: acceptable restraint devices; signs or A restraint chair is available at the courthouse; symptoms which should result in immediate medical/mental however, it is not used. health referral; availability of cardiopulmonary resuscitation equipment; protective housing of restrained persons; provision for hydration and sanitation needs; and exercising of extremities. In no case shall restraints be used for punishment or as a SBCSOCM 523 Use of Restraints ☒ ☐ ☐ substitute for treatment. 4210 San Benito Hollister CH PRO 20-22 - 9 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Restraint devices shall only be used on inmates who display SBCSOCM 523 Use of Restraints behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an ☒ ☐ ☐ inmate's extremities and/or prevent the inmate from being ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval SBCSOCM 523 Use of Restraints of the facility manager, the facility watch commander, responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be secured within one hour from the time of placement. A medical assessment shall be ☒ ☐ ☐ completed within four hours of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice SBCSOCM 523 Use of Restraints every thirty minutes to ensure that the restraints are properly 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 or in a specified housing area for restrained inmates which makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of SBCSOCM 523 Use of Restraints handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES SBCSOCM 523 Use of Restraints SBCSOCM 710 Health Care for Pregnant The facility administrator, in cooperation with the Inmates responsible physician, shall develop written policies and ☒ ☐ ☐ Restraints, as defined by this regulation, are not procedures for the use of restraint devices on pregnant used on pregnant inmates. BSCC recommends inmates. In accordance with Penal Code 3407 the policy that restraints of pregnant inmates be placed in shall include reference to the following: the Court Services Procedure Manual. (1) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in Restraints, as defined by this regulation, are not recovery after delivery, shall not be restrained by the used on pregnant inmates. ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 1068 ACCESS TO COURTS SBCSOCM 606 Inmate Access to Courts and Counsel The facility administrator shall develop written policies and ☒ ☐ ☐ SBSOCSPM Attorney/Client Conference Room procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: 4210 San Benito Hollister CH PRO 20-22 - 10 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) unlimited mail as provided in Section 1063 of these Mail is not delivered to the Court Holding ☐ ☐ ☒ regulations, and, Facility; it is delivered to the County Jail. (b) confidential consultation with attorneys. SBCSOCM 606 Inmate Access to Courts and ☒ ☐ ☐ Counsel SBSOCSPM Attorney/Client Conference Room DETENTION OF MINORS Are minors held in this facility? If yes, the following Minors are not detained by custody staff. sections, including those summarized in Title 15, Article 10, ☐ ☐ ☒ apply (Minors in Court Holding Facilities.) 1122.5 PREGNANT MINORS Minors are not detained by custody staff. (a) The health administrator, in cooperation with the facility ☐ ☐ ☒ administrator, shall develop written policies and procedures pertaining to pregnant minors that address the requirements in Title 15, Section 1417. (b) The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant ☐ ☐ ☒ minors. The policy shall address requirements of Penal Code 3407. Policy shall include reference to the following: (1) A minor known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant minor in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the minor, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant minor during a medical emergency, labor, delivery, or ☐ ☐ ☒ recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of a minor's pregnancy, she shall Minors are not detained by custody staff. be advised, orally or in writing, of the standards and ☐ ☐ ☒ policies governing pregnant minors. 1161 CONDITIONS OF DETENTION Minors are not detained by custody staff. ☐ ☐ ☒ Court holding facilities shall be designed to provide the following: (a) Separation of minors from adults in accordance with ☐ ☐ ☒ Section 208 of the Welfare and Institutions Code. (b) Segregation of minors in accordance with an established ☐ ☐ ☒ classification plan. (c) Secure non-public access, movement within and egress. If the same entrance/exit is used by both minors and adults, ☐ ☐ ☒ movements shall be scheduled in such a manner that there is no opportunity for contact. 4210 San Benito Hollister CH PRO 20-22 - 11 - A350 CH PRO eff. 01.01.19 (18/20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS An existing court holding facility built in accordance with Minors are not detained by custody staff. construction standards at the time of construction shall be considered as being in compliance with this article unless the condition of the structure is determined by the appropriate authority to be dangerous to life, health, or welfare of ☐ ☐ ☒ minors. Upon notification of noncompliance with this section, the facility administrator shall develop and submit a plan for corrective action to the Corrections Standards Authority within 90 days. 1162 SUPERVISION OF MINORS Minors are not detained by custody staff. A sufficient number of personnel shall be employed in each facility to permit unscheduled safety checks of all minors at ☐ ☐ ☒ least twice every 30 minutes, and to ensure the implementation and operation of the activities required by these regulations. There shall be a written plan that includes the documentation of safety checks. 1163 CLASSIFICATION Minors are not detained by custody staff. The administrator of a court holding facility shall establish and implement a written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include receiving and transmitting of information regarding ☐ ☐ ☒ minors who represent a risk or hazard to self or others while confined at the facility, and the segregation of such minors to the extent possible within the limits of the court holding facility, and for the separation of minors from any adult inmate(s) as required by Section 208 of the Welfare and Institutions Code. 1047 SERIOUS ILLNESS OR INJURY OF A Minors are not detained by custody staff. MINOR IN AN ADULT DETENTION FACILITY 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. 4210 San Benito Hollister CH PRO 20-22 - 12 - A350 CH PRO eff. 01.01.19 (18/20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005; 2008 BSCC Code: 4210 FACILITY NAME: San Benito County Hollister Court House FACILITY TYPE: CH APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: 2005: 2008: ✓ Other: FIELD REPRESENTATIVE: Tim McWilliams DATE: 04/08/2021 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) (NA in CH) ✓ Contains a weapons locker outside the security perimeter of the facility designed as outlined in these regulations. Contains a cell or room for confinement pending booking ✓ Contains a detoxification cell (WA in TH) 01: Name changed to “sobering cell.” ✓ 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH) ✓ Shower room available ✓ 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables ✓ Telephone(s) available for inmate use (PC § 851.5) ✓ 2-99: Unobstructed access to hot and cold running water for staff use ✓ Temporary Holding Cell or Room (2.2) ✓ Contains 10 square feet of floor area per inmate Holds no more than 16 inmates ✓ Is not smaller than 40 square feet and has a clear ceiling ✓ height of 8 feet or more Contains sufficient seating to accommodate all inmates ✓ Contains water closet (toilet), washbasin, and drinking ✓ fountain as specified by these regulations Provides for clear visual supervision by staff ✓ A bunk is provided if inmates are held 12 hours or more ✓ Temporary Staging Cell or Room (2.3) Holds inmates classified and segregated per Title 15 § 1050 ✓ and 1053 Holds inmates for four hours or less ✓ Limited to holding no more than 80 inmates ✓ Contains 10 square feet of floor area per inmates and has a ✓ clear ceiling height of 8 feet or more. Is at least 160 square feet ✓ Contains sufficient seating to accommodate all inmates ✓ 4210 San Benito Hollister CH PHY (20-22) 20-22 - 1 - A382 PHY CH-TH 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Contains water closets (toilets), wash basins and drinking ✓ fountains as specified by these regulations Provides for clear visual supervision by staff ✓ Sobering Cell (2.4) 01: Name change to “sobering cell” ✓ Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates ✓ Is no smaller than 60 square feet and has a clear ceiling ✓ height of 8 feet or more Contains a water closet (toilet) wash basin and drinking ✓ fountain as specified by these regulations Has padded partitions located next to toilet fixtures ✓ Provides for clear visual supervision by staff ✓ Padding on floor ✓ 01: A shower is accessible in the secure portion of the facility. ✓ Safety Cell (2.5) Contains 48 square feet with one floor dimension of a least ✓ 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate ✓ Contains a flushing ring toilet, mounted flush with the floor, ✓ with controls located outside the cell Padded floor, door and walls ✓ Equipped with a variable intensity, security light, ✓ inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which provide a ✓ view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from the bottom of ✓ the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible to inmate occupant. ✓ Safety Equipment Storage (2.19) Adequate space is provided to store equipment such as fire ✓ extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Lockable, containing a mop sink and storage space ✓ 01: Mop sink may be separate from janitors’ closet 4210 San Benito Hollister CH PHY (20-22) 20-22 - 2 - A382 PHY CH-TH 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Audio or Visual Monitoring (2.22) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic 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 deleted. ✓ 08: Audio monitoring system shall be located in temporary holding cells or rooms, temporary staging cells or rooms, sobering cells, safety cells, single and double occupancy cells, dormitories, dayrooms, exercise areas, and correctional program /multipurpose space, capable of alerting personnel who can respond immediately. Central control requirement deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and maintaining ✓ fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) Available and provides for confidentiality ✓ Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in holding and staging cells. See regulation for calculations of urinal ✓ substitutions. 2:99: Privacy requirement deleted Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See regulation for ✓ calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Available in each temporary holding, staging and ✓ sobering cell. 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 ✓ (bubbler). 2-99: Mouth guard requirement deleted Showers (3.4) (NA in CH) Available in the security area; provide hot and cold or tempered water; shower stalls/areas are designed and ✓ constructed of materials that are impervious to water and soap so that they may be easily cleaned. 4210 San Benito Hollister CH PHY (20-22) 20-22 - 3 - A382 PHY CH-TH 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS Beds/Bunks (3.5) (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type or concrete; ✓ securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Must have a solid bottom.. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. ✓ Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) Windows 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- sobering cells. In safety cells, floors, doors, walls and everything on them are padded. All padded cells are ✓ equipped with a 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; ✓ firmly bonded to all surfaces; and, without exposed seams. Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per inmate. ✓ 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) A secure weapons locker is located outside the security perimeter of the facility. Lockers have individual compartments, locks and keys. ✓ 08: “No weapons are brought into the security area” deleted from the regulation. 4210 San Benito Hollister CH PHY (20-22) 20-22 - 4 - A382 PHY CH-TH 94 99 01 05 08.dot (11/09) TITLE 24 SECTION YES NO N/A COMMENTS 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 ✓ areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 4210 San Benito Hollister CH PHY (20-22) 20-22 - 5 - A382 PHY CH-TH 94 99 01 05 08.dot (11/09) BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 4210 FACILITY: San Benito County Court Holding TYPE: CH RC: 0 FIELD REPRESENTATIVE: Tim McWilliams DATE: 4/08/2020 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 Main Holding 1 Holding 2008 1 0 (2) (2) 7' 3" x 10' 2" x 9' 2" 1 1 1 Notes: ADA cell. Bench apace = 40" limits capacity. 2-5 Holding 2008 4 0 (6) (24) 7' 3" x 9' 11" x 9' 2" 1 1 1 Notes: Bench space = 114" in each cell limits capacity. Courtroom Holding - East 1 Holding 2008 1 0 (3) (3) 13' 2" x 6' 9" x 9' 1" 1 1 1 Notes: Square footage = 79 sq. ft. less pipe chase incursion. Bench space = 60" limiting capacity. Attorney visiting. 2 Holding 2008 1 0 (4) (4) 8' 4" x 8' 6" x 9' 1" 1 1 1 Notes: ADA Cell. Bench space = 72" limits capacity. Courtroom Holding – West 3 Holding 2008 1 0 (3) (3) 14' 1" x 6' 7" x 9' 1" 1 1 1 Notes: ADA Cell. Square footage = 81 sq. ft. less pipe chase incursion. Bench space = 58" limits capacity. 4 Holding 2008 1 0 (4) (4) 9' 4" x 10' x 9' 1" 1 1 1 Notes: Bench space = 72" limits capacity. Attorney visiting. *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. 4210 San Benito Hollister CH 20-22 - 1 - A360 LAS Adult.dot (9/98)