San Benito County (2018-2020 inspection cycle)

August 24, 2020 Joe Frontella, Chief Probation Officer San Benito County Probation Department 400 Monterey Street Hollister, CA 95023 SAN BENITO COUNTY JUVENILE HALL 2018-2020 BIENNIAL INSPECTION PURSUANT TO WIC 209 and 885 Dear Chief Frontella: On June 18, 2020, pursuant to Welfare and Institutions Code sections 209 and 885, BSCC staff completed the 2018/2020 Biennial Inspection of the San Benito County Juvenile Hall via a desk audit. To prepare for this inspection, a pre‐inspection briefing was held on June 5, 2019. This inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the separation requirements of juveniles from incarcerated adults. Due to the coronavirus pandemic and the issuance of statewide and local shelter‐in‐place orders, BSCC staff were prohibited from traveling and unable to complete on‐site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation (where available). BSCC staff intend to conduct comprehensive on‐site inspections of all local detention facilities as soon as travel restrictions are lifted. We reviewed your updated Policy and Procedures Manual1; all Local Inspections; annual reviews of Security and Emergency practices; and, documents and forms used by the agency. The documentation specific to your high-risk incidents were assessed to ensure compliance with regulation and policy. The BSCC inspection report consists of this transmittal letter and the attached Title 15 Procedures checklist. We are including the PHY and LASE for your information only; as your staff indicated that there were no changes since the previous inspection. Compliance is indicated by policy and/or documentation review. Please refer to the Title 15 Procedures Checklist for a summary of relevant 1 BSCC does not review all of 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. 7456 San Benito JH/18-20 Chief Frontella San Benito County P. 2 minimum standards, indication of compliance or noncompliance, and information used to determine compliance. Mandatory Local Inspections In addition to the biennial inspection, Title 15, Section 1313 and its authorizing statute require local inspections conducted by the following authorities: County Building Inspection by agency designated by the Board of Supervisors; Fire authority having jurisdiction; Local health officer; County superintendent of schools; Juvenile Court; and, Juvenile Justice Commission. Results of these inspections are considered as part of this report. The dates of the local inspections may be found in the Title 15 Procedures Checklist. Inspection Results Operations We reviewed a sampling of incident reports, grievances, admission/classification documentation, separation/room confinement incident reports and disciplinary reports/findings to ensure compliance with newly implemented Title 15 Regulations and to ensure procedures and process were consistent. Policy revealed minor issues with regulation language requirements; however, overall the forms and practices have been improved through administrative audit to show a pattern and practice of compliance with both policies and Title 15. With the implementation of significant changes to Title 15 regulations this cycle, it is important to note the San Benito County Probation Department also implemented a new version of policy with Lexipol. This was significant as it was a challenge to virtually inspect and work through the changes in policy and procedures with a new system. Staff were diligent in addressing concerns with regard to policy omissions, having to develop and incorporate procedures to address staff or operational responsibilities not identified in policy. This took a great deal of time and effort by your Superintendent; however, the process to facilitate necessary changes and additions to policy and procedures was well done. The intent to meet regulation with regard to program implementation and treatment was well documented. Interventions and response to high risk situations seemed appropriate via our desk audit review, especially as the agency has so few. Grievances, use of force, use of restraints and due process are rare at the facility. We noted when these high-risk incidents did occur, staff responded per policy and communicated appropriately with youth. Release processes improved from last cycle to include transition planning with youth and agency partners, which was an addition to regulation. The agency’s modification to procedure also assisted in the implementation. Education The San Benito County Office of Education (SBCOE) provides education services to youth in detention and we noted San Benito is one of the two counties that have continued to provide on-site instruction during the pandemic. Youth receive 240 minutes of instruction and are offered vocational and post- secondary services. 7456 San Benito JH 18-20 Chief Frontella San Benito County P. 3 The annual evaluation referenced great collaboration between probation and school staff, access to community college programs, significant use of technology and consistent leadership between agencies. The school and probation staff have brief daily communication and monthly full meetings. This promotes the transition of youth upon re-entry to their home school. Programming The facility houses pre- and post-adjudicated youth, with a full complement of services offered through collaborative partnerships, outside volunteers and probation staff. Individualized case plans are completed for these youth with specific goals and objectives for their stay. All youth participate in social awareness programs with a focus on making positive behavior changes to address the behaviors leading to their incarceration. Structured programs include: Thinking for Change; Girls Circle; Youth Alliance; Teen Recovery; Arts Council; Life Skills; Journaling; Garden and Ag Programs; YMCA Programs; Sacred Roc; Restorative Justice; and, Community Solutions. Additionally, Behavior Health is now on-site five days each week, more frequently than last cycle, and provides one on one counseling and crisis intervention counseling. The facility places significant importance on education and treatment programming, with a focus on positive unit behavior. The agency’s ‘Role Model Incentive Program,’ leads youth to understanding the benefit of good behavior rather than emphasizing the sanctions for bad behavior. This pro-social model includes a point system for teamwork, leadership and accountability. Youth set positive examples and are rewarded with snacks, games, late bedtime and other positive tools to promote a positive program. There are five distinct levels, each allowing for increased incentives. The availability of programming fills the daily schedule and staff are able to concentrate on reinforcing performance-based expectations. This also supplements the objective with clear expectations of youth behavior. The staff support natural consequences so that youth may learn from their mistakes. Our review of incident reports, case plans and grievances support the system of positive behavior interventions. Title 15, CCR Minimum Standards During the desk audit process, we offered technical assistance and made best-practice recommendations to your team to assist or enhance operations for future compliance inspections, given the changes to regulations this cycle. Several procedures and policy matters were discussed and edited prior to the completion of this letter. Those efforts are much appreciated and as indicated, we look forward to the development of procedures that directly correlate with your new policies from Lexipol for an easy to read manual in order to better assist staff in understanding their role in supervising the youth in your care. The attached Procedures Checklist provides a detailed overview of the inspection findings. Upon final review of all documentation and upon the conclusion of this report, we find the San Benito County Juvenile Hall is compliant with all Title 15 Regulations and there is no corrective action required. 7456 San Benito JH 18-20 Chief Frontella San Benito County P. 4 Title 24, CCR Physical Plant There were no changes made to the physical plant and your rated capacity remains at 20 youth in Detention. Training The most recent Standards and Training for Corrections audit reports that the San Benito County Probation Department is in compliance with all relevant regulations and mandates. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring There have been no violations of JJDPA this inspection cycle and no areas of non-compliance were noted. We are very impressed with the overall operation and administration of the San Benito County Juvenile Hall program. We would like to thank you and compliment your staff for their dedication, thoroughness and responsiveness. This concludes our 2018-2020 inspection report. We are available to assist as needed and are always happy to provide technical assistance when requested. We look forward to continuing to work together, especially when we are able to conduct an on-site inspection in the coming 2020-2022 Inspection Cycle. Please do not hesitate to email me at Elizabeth.gong@bscc.ca.gov or call (916) 324-9153 if you have any questions. Sincerely, Elizabeth Gong Field Representative Facilities Standards and Operations Division Enclosures cc: Presiding Judge, Juvenile Court, San Benito County* Chair, Juvenile Justice Commission, San Benito County* Chair, Board of Supervisors, San Benito County* County Administrator, San Benito County* James Bucknell, Assistant Chief/Superintendent-San Benito County Probation Department *Copies of full inspection are available upon request and at BSCC.CA.GOV 7456 San Benito JH 18-20 JUVENILE HALLS, SPECIAL PURPOSE JUVENILE HALLS AND CAMPS Board of State and Community Corrections PROCEDURES CHECKLIST1 BSCC Code: 7456 FACILITY NAME: San Benito County Juvenile Hall FACILITY TYPE: JH PERSON(S) INTERVIEWED: James Bucknell, Assistant Chief Probation Officer; Joe Frontella, Chief Probation Officer Note: Mr. Bucknell was responsive by phone and email to any questions or issues. This Inspection is a desk audit of Policy and Procedure and a limited review of documentation. Compliance is based on this only as there was no on-site inspection of all Title 15 and 24 Regulations. FIELD REPRESENTATIVE: Elizabeth Gong DATE: June 18, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1313 COUNTY INSPECTION AND EVALUATION OF BUILDING AND GROUNDS On an annual basis, or as otherwise required by law, each juvenile facility administrator shall obtain a documented inspection and evaluation from the following: (A) County building inspection by agency designated by the Board of Supervisors to approve building safety; ☐ 2018: December 18, 2018 ☒ ☐ 2019: December 30, 2019 (B) Fire authority having jurisdiction, including a fire clearance as required by Health and Safety Code ☐ ☐ 2019: December 27, 2019 ☒ Section 13146.1 (a) and (b); 2020: June 25, 2020 (C) Local health officer, inspection in accordance with Health and Safety Code Section 101045; 2018: Environmental Health December 13, 2018 Medical/Mental Health November 28, 2018 Nutritional Health December 13, 2018 ☐ ☐ ☒ 2019: Environmental Health December 24, 2019 Medical/Mental Health December 30, 2019 Nutritional Health December 24, 2019 (D) County superintendent of schools on the adequacy of educational services and facilities as required in ☐ ☐ 2018: December 12, 2018 ☒ Section 1370; 2019: November 22, 2019 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 5 for the complete list and text of regulations. 7456 San Benito JH 18-20 - 1 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (E) Juvenile court as required by Section 209 of the Welfare and Institutions Code ☐ ☐ 2018: December 31, 2018 ☒ 2019: December 31, 2019 (F) Juvenile Justice Commission as required by Section 229 of the Welfare and Institutions Code or ☐ ☐ 2018: December 14, 2018 ☒ Probation Commission as required by Section 240 of 2019: December 14, 2019 the Welfare and Institutions Code. 1320 APPOINTMENT AND QUALIFICATIONS 1200.2 Policy BSCC Note: Compliance with this section is determined by receipt of the Chief Probation Officer’s The elements of this regulation are addressed in a memorandum completed by Chief certification letter confirming that all elements of Probation Officer Joe Frontella dated June 3, regulation are met. 2020. (a) Appointment ☐ ☐ ☒ In each juvenile facility there shall be a superintendent, director or facility manager in charge of its program and employees. Such superintendent, director, facility manager and other employees of the facility shall be appointed by the facility administrator pursuant to applicable provisions of law. (b) Employee Qualifications Each facility shall: (1) recruit and hire employees who possess knowledge, skills and abilities appropriate to their job 1200.7 ☒ ☐ ☐ classification and duties in accordance with CPO Letter, #1 applicable civil service or merit system rules; (2) require a medical evaluation and physical examination including tuberculosis screening test 1200.4 (h) and evaluation for immunity to contagious illnesses ☒ ☐ ☐ CPO Letter #2 of childhood (i.e., diphtheria, rubeola, rubella, and mumps); (3) adhere to the minimum standards for the selection and training requirements adopted by the Board ☒ ☐ ☐ 1200.7 ⁋ 2 pursuant to Section 6035 of the Penal Code; and CPO Letter #4 (4) conduct a criminal records review, on each new employee, and psychological examination in 1200.4 (g) ☒ ☐ ☐ accordance with Section 1031 et seq. of the CPO Letter #3 Government Code. 7456 San Benito JH 18-20 - 2 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (c) Contract personnel, volunteers, and other non- employees of the facility, who may be present at the 306.3 Health Care Orientation facility, shall have such clearance and qualifications 306.4 Facility Specific Training for Health ☒ ☐ ☐ as may be required by law, and their presence at the Care providers facility shall be subject to the approval and control of 307.2 Volunteers and Intern Policy the facility manager. 307.3 Volunteers and Interns Eligibility 1321 STAFFING Each juvenile facility shall: a) have an adequate number of personnel sufficient to carry out the overall facility operation and its 217.3.1 (a) programming, to provide for safety and security of youth and staff, and meet established standards and regulations; ☒ ☐ ☐ We reviewed a sampling of facility schedules and found the agency had adequate staffing for the documents reviewed. b) ensure that no required services shall be denied because of insufficient numbers of staff on duty ☒ ☐ ☐ 217.3.1 (a) absent exigent circumstances; c) have a sufficient number of supervisory level staff to ensure adequate supervision of all staff members; ☒ ☐ ☐ 217.3.1 (b) d) have a clearly identified person on duty at all times who is responsible for operations and activities and ☒ ☐ ☐ 217.3.1 (c) has completed the Juvenile Corrections Officer Core Course and PC 832 training; e) have at least one staff member present on each living unit whenever there are youth in the living unit; ☒ ☐ ☐ 217.3.1 (e) 7456 San Benito JH 18-20 - 3 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS f) have sufficient food service personnel relative to the number and security of living units, including staff Food Services are provided by the San qualified and available to: plan menus meeting Benito Jail, located in adjacent buildings nutritional requirements of youth; provide kitchen next to Juvenile Hall. supervision; direct food preparation and servings; ☒ ☐ ☐ conduct related training programs for culinary staff; and maintain necessary records; or, a facility may serve food that meets nutritional standards prepared by an outside source; g) have sufficient administrative, clerical, recreational, medical, dental, mental health, building 201.3.1 maintenance, transportation, control room, facility 201.5 security and other support staff for the efficient ☒ ☐ ☐ management of the facility, and to ensure that youth supervision staff shall not be diverted from supervising youth; and, h) assign sufficient youth supervision staff to provide continuous wide-awake supervision of youth, 201.3 ⁋ 2 subject to temporary variations in staff assignments ☒ ☐ ☐ to meet special program needs. Staffing shall be in compliance with a minimum youth-staff ratio for the following facility types: (1) Juvenile Halls (minimum youth-staff ratio) (A) during the hours that youth are awake, one wide- ☒ ☐ ☐ 201.3 ⁋ 2 awake youth supervision staff member on duty for each 10 youth in detention; (B) during the hours that youth are confined to their room for the purpose of sleeping, one wide-awake ☒ ☐ ☐ 201.3 ⁋ 2 youth supervision staff member on duty for each 30 youth in detention; (C) at least two wide-awake youth supervision staff members on duty at all times, regardless of the 201.3 ⁋ 3 number of youth in detention, unless an ☒ ☐ ☐ arrangement has been made for backup support services which allow for immediate response to emergencies; and, (D) at least one youth supervision staff member on duty who is the same gender as youth housed in the ☒ ☐ ☐ 201.3 ⁋ 3 facility. (E) personnel with primary responsibility for other duties such as administration, supervision of 201.5 personnel, academic or trade instruction, clerical, ☒ ☐ ☐ kitchen or maintenance shall not be classified as youth supervision staff positions. 7456 San Benito JH 18-20 - 4 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (2) Special Purpose Juvenile Halls (minimum youth- staff ratio) This facility is not a Special Purpose ☐ ☐ ☒ (A) during hours that youth are awake, one wide-awake Juvenile Hall. youth supervision staff member is on duty for each 10 youth in detention; (B) during the hours that youth are confined to their room for the purpose of sleeping, one wide-awake youth ☐ ☐ ☒ supervision staff member on duty for each 30 youth in detention; (C) at least two wide-awake youth supervision staff members on duty at all times, regardless of the number of youth in detention, unless an arrangement ☐ ☐ ☒ has been made for backup support services which allow for immediate response to emergencies; and, (D) at least one youth supervision staff member on duty who is the same gender as youth housed in the ☐ ☐ ☒ facility. (E) personnel with primary responsibility for other duties such as administration, supervision of personnel, academic or trade instruction, clerical, ☐ ☐ ☒ kitchen or maintenance shall not be classified as youth supervision staff positions. (3) Camps (minimum youth -staff ratio) (A) during the hours that youth are awake, one wide- ☐ ☐ ☒ There is not a Camp at this facility. awake youth supervision staff member on duty for each 15 youth in the camp population; (B) during the hours that youth are confined to their room for the purpose of sleeping, one wide-awake ☐ ☐ ☒ youth supervision staff member on duty for each 30 youth present in the facility; (C) at least two wide-awake youth supervision staff members on duty at all times, regardless of the number of youth in residence, unless arrangements ☐ ☐ ☒ have been made for backup support services which allow for immediate response to emergencies; (D) at least one youth supervision staff member on duty who is the same gender as youth housed in the ☐ ☐ ☒ facility; 7456 San Benito JH 18-20 - 5 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (E) in addition to the minimum staff to youth ratio required in (h)(3)(A)-(B), consideration shall be given to the size, design, and location of the camp; types of youth committed to the camp; and the ☐ ☒ ☐ function of the camp in determining the level of supervision necessary to maintain the safety and welfare of youth and staff; (F) personnel with primary responsibility for other duties such as administration, supervision of personnel, academic or trade instruction, clerical, ☐ ☒ ☐ farm, forestry, kitchen or maintenance shall not be classified as youth supervision staff positions. 1322 YOUTH SUPERVISION STAFF ORIENTATION AND TRAINING 300 Member Orientation (a) Prior to assuming any responsibilities each youth 303 Training supervision staff member shall be properly oriented to their duties, including: The agency has a significant Training ☒ ☐ ☐ Program for new staff, including training on each element in regulation by a Field Training Officer/Senior staff, with signatures by both the JIO and Trainer to acknowledge competency. (1) youth supervision duties; ☒ ☐ ☐ 300.3 Bullet 6 and 13 (2) scope of decisions they shall make; ☒ ☐ ☐ 300.3 Bullet 13 (3) the identity of their supervisor; ☒ ☐ ☐ 300.3 Bullet 7 and 8 (4) the identity of persons who are responsible to them; ☒ ☐ ☐ 300.3 Bullet 8 7456 San Benito JH 18-20 - 6 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (5) persons to contact for decisions that are beyond their responsibility; and ☒ ☐ ☐ 300.3 Bullet 8 and 13 (6) ethical responsibilities. ☒ ☐ ☐ 300.3 Bullet 2 (b) Prior to assuming any responsibility for the supervision of youth, each youth supervision staff ☒ ☐ ☐ 300.3.1 member shall receive a minimum of 40 hours of facility-specific orientation, including: (1) individual and group supervision techniques; ☒ ☐ ☐ 300.3.1 Bullet 1 (2) regulations and policies relating to discipline and rights of youth pursuant to law and the ☒ ☐ ☐ 300.3.1 Bullet 2 provisions of this chapter; (3) basic health, sanitation and safety measures; ☒ ☐ ☐ 300.3.1 Bullet 3 (4) suicide prevention and response to suicide attempts ☒ ☐ ☐ 300.3.1 Bullet 4 (5) policies regarding use of force, de-escalation techniques, chemical agents, mechanical and ☒ ☐ ☐ 300.3.1 Bullet 5 physical restraints; (6) review of policies and procedures referencing trauma and trauma-informed approaches; ☒ ☐ ☐ 300.3.1 Bullet 10 (7) procedures to follow in the event of emergencies; ☒ ☐ ☐ 300.3.1 Bullet 6 7456 San Benito JH 18-20 - 7 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (8) routine security measures, including facility perimeter and grounds; ☒ ☐ ☐ 300.3.1 Bullet 11 (9) crisis intervention and mental health referrals to mental health services; ☒ ☐ ☐ 300.3.1 Bullet 7 (10) documentation; and ☒ ☐ ☐ 300.3.1 Bullet 8 (11) fire/life safety training ☒ ☐ ☐ 300.3.1 Bullet 9 (c) Prior to assuming sole supervision of youth, each youth supervision staff member shall successfully 303.4 ⁋ 1 complete the requirements of the Juvenile ☒ ☐ ☐ Corrections Officer Core Course pursuant to Penal Code Section 6035. (d) Prior to exercising the powers of a peace officer youth supervision staff shall successfully complete ☒ ☐ ☐ 303.4 ⁋ 2 training pursuant to Section 830 et seq. of the Penal Code. 1323 FIRE AND LIFE SAFETY 300.3.1 Bullet 9 Whenever there is a youth in a juvenile facility, there 402.6 Fire Training shall be at least one wide awake person on duty at all ☒ ☐ ☐ times who meets the training standards established by the Board for general fire and life safety which relate specifically to the facility. 7456 San Benito JH 18-20 - 8 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1324 POLICY AND PROCEDURES MANUAL 103 Custody Manual All facility administrators shall develop, publish, and 103.3 ⁋ 2 implement a manual of written policies and procedures that address, at a minimum, all regulations that are applicable to the facility. Such a manual shall be made available to all employees, reviewed by all employees, ☒ ☐ ☐ and shall be administratively reviewed at a minimum every two years, and updated, as necessary. Those records relating to the standards and requirements set forth in these regulations shall be accessible to the Board on request. The manual shall include: (a) table of organization, including channels of communications and a description of job 100.4 ACPO Responsibilities classifications; 100.5 JIO Responsibilities ☒ ☐ ☐ 100.7 Chain of Command 100.7.1 Organizational Chart 1202.3.2 Supervisor Responsibilities (b) responsibility of the probation department, purpose of programs, relationship to the juvenile court, the 100.7.2 Agency Responsibilities, JJC Juvenile Justice/Delinquency Prevention 106.3.2 (d), (e), and (f) Required evaluations ☒ ☐ ☐ Commission or Probation Committee, probation by Education, Juvenile Court and JJC. staff, school personnel and other agencies that are involved in juvenile facility programs; (c) responsibilities of all employees; 103.3 ☒ ☐ ☐ 103.3.1 103.3.2 (d) initial orientation and training program for employees; ☒ ☐ ☐ 300.3 Orientation 303 Training (e) initial orientation, including safety and security issues and anti-discrimination policies, for support 105.4.2 Manager and Supervisor staff, contract employees, school, mental/behavioral Responsibilities ☒ ☐ ☐ health and medical staff, program providers and 306 Health Care Orientation and Training volunteers; 310 Support Staff Orientation and Training 1003 Education Staff (f) maintenance of record-keeping, statistics and ☒ ☐ ☐ communication system to ensure: 208 Youth Records 7456 San Benito JH 18-20 - 9 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (1) efficient operation of the juvenile facility; ☒ ☐ ☐ 100.1 Organization Responsibility, Purpose and Scope (2) legal and proper care of youth; ☒ ☐ ☐ 101.1 Authority and Legal Assistance (3) maintenance of individual youth's records; ☒ ☐ ☐ 208.3 Record Maintenance (4) supply of information to the juvenile court and ☒ ☐ ☐ those authorized by the court or by the law; and, 208.4 (5) release of information regarding youth. ☒ ☐ ☐ 208.4 (g) ethical responsibilities; ☒ ☐ ☐ 1202 Standards of Conduct (h) trauma-informed approaches; ☒ ☐ ☐ 102.3 (c) 1 300.3.1 Bullet 10 (i) culturally responsive approaches; ☒ ☐ ☐ 300.3.1 Bullet 10 (j) gender responsive approaches; ☒ ☐ ☐ 305 Prison Rape Elimination Act (PREA) Training (k) a non-discrimination provision that provides that all youth within the facility shall have fair and equal 1203.3.1 Discrimination access to all available services, placement, care, treatment, and benefits, and provides that no person shall be subject to discrimination or harassment on the basis of actual or perceived race, ethnic group ☒ ☐ ☐ identification, ancestry, national origin, immigration status, color, religion, gender, sexual orientation, gender identity, gender expression, mental or physical disability, or HIV status, including restrictive housing or classification decisions based solely on any of the above mentioned categories; (l) storage and maintenance requirements for any chemical agents related security devices, and ☒ ☐ ☐ 512.4 weapons and ammunition, where applicable; 512.5 7456 San Benito JH 18-20 - 10 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (m) establishment of procedures for collection of Medi- Cal eligibility information and enrollment of eligible ☒ ☐ ☐ 501.5.4 youth; and, (n) establishment of a policy that prohibits all forms of sexual abuse, sexual assault and sexual harassment. 305.3 PREA Training The policy shall include an approach to preventing, 606.5 Reporting any PREA Incidents detecting and responding to such conduct and any ☒ ☐ ☐ 606.6 Retaliation from PREA Incidents retaliation for reporting such conduct, as well as a 1203.3.1 Discrimination provision for reporting such conduct by youth, staff 1203.3.3 Harassment or a third party. 1325 FIRE SAFETY PLAN 402 Fire Safety The facility administrator shall consult with the local fire ☒ ☐ ☐ department having jurisdiction over the facility, or with the State Fire Marshal, in developing a plan for fire safety which shall include, but not be limited to: a) a fire prevention plan to be included as part of the ☒ ☐ ☐ manual of policy and procedures; 402.3 b) monthly fire and life safety inspections by facility staff with two- year retention of the inspection 402.7 record; ☒ ☐ ☐ We reviewed the Monthly Fire and Life Safety Inspection. c) fire prevention inspections as required by Health ☒ ☐ ☐ and Safety Code Section 13146.1(a) and (b); 402.7 d) an evacuation plan; ☒ ☐ ☐ 402.3 (d) 404 Emergency Evacuation e) documented fire drills not less than quarterly; 402.3 (g) ☒ ☐ ☐ We reviewed the log of Fire and Earthquake Drills for 2018 and 2019. We found they occurred monthly on different days and shifts. f) a written plan for the emergency housing of youth in ☒ ☐ ☐ the case of fire; and, 402.3 (f) g) development of a fire suppression pre-plan in ☒ ☐ ☐ cooperation with the local fire department. 402.3 (a) 7456 San Benito JH 18-20 - 11 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1326 SECURITY REVIEW 102.5 (f) Each facility administrator shall develop policies and procedures to annually review, evaluate, and document ☒ ☐ ☐ Assistant Chief Probation Officer James security of the facility. The review and evaluation shall Bucknell completed a Security Review on include internal and external security, including, but not June 9, 2020. limited to, key control, equipment, and staff training. 1327 EMERGENCY PROCEDURES 400 Facility Emergencies The facility administrator shall develop facility-specific policies and procedures for emergencies that shall An Emergency Procedures Review include, but not be limited to: ☒ ☐ ☐ Memorandum was completed by ACPO James Bucknell on December 31, 2019, indicating all procedures were current and compliant with Title 15. (a) escape, disturbances, and the taking of hostages; 400.3 (a) Escapes; 400.9 Escapes ☒ ☐ ☐ 400.3 (b) Disturbances; 400.6 Disturbances 400.3 (c) Hostages; 400.8 Hostages (b) civil disturbance, active shooter and terrorist attack; 400.3 (b) Disturbances/Riots; 400.7 Riots; ☒ ☐ ☐ 400.10 Civil Disturbances Outside of the Facility; 400.3 (i) Active Shooter and Terrorist Threats (c) fire and natural disasters; ☒ ☐ ☐ 402 Fire Safety; 400.3 (e) Natural Disasters (d) periodic testing of emergency equipment; ☒ ☐ ☐ 400.3 (f) (e) emergency evacuation of the facility; and ☒ ☐ ☐ 400.3 (h); 404 Agency Evacuation (f) a program to provide all youth supervision staff with an annual review of emergency procedures. ☒ ☐ ☐ 400.13 400.14 Training 7456 San Benito JH 18-20 - 12 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1328 SAFETY CHECKS 506.3 Youth Safety Checks The facility administrator shall develop and implement policy and procedures that provide for direct visual We reviewed a random sampling of the observation of youth at a minimum of every 15 minutes, handwritten safety check entries and found at random or varied intervals during hours when youth them to be compliant with regulation, are asleep or when youth are in their rooms, confined in including at random and varied intervals. ☒ ☐ ☐ holding cells or confined to their bed in a dormitory. The agency has an audit process in place to Supervision is not replaced, but may be supplemented identify and address any late checks by staff. 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 with the actual time the check is completed. 1329 SUICIDE PREVENTION PLAN The facility administrator, in collaboration with the 707.4 Suicide Prevention Plan healthcare and behavioral/mental health administrators, Procedure 703.1 Documentation shall plan and implement written policies and Procedure 704.1 Classification/Supervision procedures which delineate a Suicide Prevention Plan. The plan shall consider the needs of youth experiencing ☒ ☐ ☐ The agency has a written plan, separate from past or current trauma. Suicide prevention responses policy, to address procedures for Suicide shall be respectful and in the least invasive manner Prevention. They also maintain a log for consistent with the level of suicide risk. The plan shall Suicide behaviors warranting referral to include the following elements: SBMH. There were 7 referrals this cycle, through April 2020. (a) Suicide prevention training as required in Section 1322, Youth Supervision Staff 306.5 (d) ☒ ☐ ☐ Orientation, and Training and the Juvenile Corrections Officer Core Course. (b) Screening, Identification Assessment and Precautionary Protocols 501.5 Bullet 23 (1) All youth shall be screened for risk of ☒ ☐ ☐ suicide at intake and as needed during detention. (2) All youth supervision staff who perform intake processes shall be trained in ☒ ☐ ☐ 306.5 (d) screening youth for risk of suicide. (3) All youth who have been identified during the intake screening process to be at risk of 704.4 ⁋ 3 suicide shall be referred to ☒ ☐ ☐ behavioral/mental health staff for a suicide risk assessment. (4) Precautionary protocols shall be developed to ensure the youth’s safety pending the ☒ ☐ ☐ 707.5 Precautionary Steps behavioral/mental health assessment. 7456 San Benito JH 18-20 - 13 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (c) Referral process to behavioral/mental health ☒ ☐ ☐ staff for assessment and/or services. 707.3 (d) Procedures for monitoring of youth identified ☒ ☐ ☐ at risk for suicide. 707.6 Observation Logs (e) Safety Interventions (1) Procedures to address intervention 707.5 ☒ ☐ ☐ protocols for youth identified at risk for suicide which may include, but are not limited to: A. Housing consideration ☒ ☐ ☐ 707.5 ⁋ 2 and 4 B. Treatment strategies including ☒ ☐ ☐ trauma-informed approaches 707.4 ⁋ 1 (2) Procedures to instruct youth supervision staff how to respond to youth who exhibit ☒ ☐ ☐ 306.5 suicidal behaviors. 706.5 (f) Communication (1) The intake process shall include 701.4 (c)(1) communication with the arresting officer ☒ ☐ ☐ and family guardians regarding the youth’s past or present suicidal ideations, behaviors or attempts. (2) Procedures for clear and current information sharing about youth at risk for 707.3 ⁋ 1, Last Sentence ☒ ☐ ☐ suicide with youth supervision, healthcare, and behavioral/mental health staff. (g) Debriefing of Critical Incidents Related to Suicides or Attempts 707.9 ⁋ 1 (1) Process for administrative review of the ☒ ☐ ☐ circumstances and responses proceeding, during and after the critical incident. (2) Process for a debriefing event with affected ☒ ☐ ☐ staff. 707.9 ⁋ 2 (3) Process for a debriefing event with affected ☐ youth. ☒ ☐ 707.9 ⁋ 2 7456 San Benito JH 18-20 - 14 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (h) Documentation (1) Documentation processes shall be 707.7 Documentation ☒ ☐ ☐ developed to ensure compliance with this regulation Youth identified at risk for suicide shall not be denied the opportunity to participate in facility programs, 707.4 ⁋ 2 services and activities which are available to other non- suicidal youth, unless deemed necessary for the safety ☒ ☐ ☐ of the youth or security of the facility. Any deprivation of programs, services or activities for youth at risk of suicide shall be documented and approved by the facility manager. 1340 REPORTING OF LEGAL ACTIONS 101.5.1 Each facility shall submit to the Board a letter of ☒ ☐ ☐ notification on each legal action, pertaining to conditions of confinement, filed against persons or legal entities responsible for juvenile facility operation. 1341 DEATH AND SERIOUS ILLNESS OR INJURY OF A YOUTH WHILE 522.4 Reporting an In-Custody Death DETAINED 522.3 ⁋ 4 Notification by ACPO to Court and Parent (1) Death of a Youth. (a) The facility administrator, in cooperation with the health administrator and the behavioral/mental ☒ ☐ ☐ health director, shall develop written policies and procedures in the event of the death of a youth while detained, which include notifications to necessary parties, which may include the Juvenile Court, the parent, guardian or person standing in loco parentis and the youth’s attorney of record. (b) The health administrator, in cooperation with the facility administrator, shall develop written policies 522.5 and procedures to assure there is a medical and 523.3 operational review of every in-custody death of a youth. The review team shall include the facility ☒ ☐ ☐ administrator and/or facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. (c) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney 522.3 ⁋ 5 General under Government Code Section 12525. A ☒ ☐ ☐ copy of the report shall be submitted to the Board within 10 calendar days after the death. 7456 San Benito JH 18-20 - 15 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (d) Upon receipt of a report of the death of a youth from the administrator, the Board may within 30 calendar 522.3 ⁋ 5 days inspect and evaluate the juvenile facility, jail, lockup or court holding facility pursuant to the ☒ ☐ ☐ The agency is aware of this regulation. provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. (2) Serious Illness or Injury of Youth 805.7 Youth Safety Notification (a) The facility administrator, in cooperation with the health administrator, shall develop written policies and procedures for the notification to necessary ☐ ☐ ☐ parties, which may include the Juvenile Court, the parent, guardian or person standing in loco parentis and the youth’s attorney of record in the case of a serious illness or injury of a youth. 1342 POPULATION ACCOUNTING 500.3 Population Management Each juvenile facility shall submit required population ☒ ☐ ☐ and profile survey reports to the Board within 10 The agency is compliant in their reporting working days after the end of each reporting period, in population statistics to BSCC. a format to be provided by the Board. 1343 JUVENILE FACILITY CAPACITY 1101.3 Crowding When the number of youth detained in a living unit of a juvenile facility exceeds its rated capacity for more than ☒ ☐ ☐ fifteen (15) calendar days in a month, the facility administrator shall provide a crowding report to the Board in a format provided by the Board. 1350 ADMITTANCE PROCEDURES 501 Youth Reception The facility administrator shall develop and implement 501.1 written policies and procedures for admittance of youth that emphasize respectful and humane engagement with We reviewed a sampling of blank and youth, and reflect that the admission process may be completed intake/admission documents, traumatic to youth who may have already experienced ☒ ☐ ☐ revealing compliance with regulation and trauma. Policies shall be trauma-informed, culturally policy. The Intake Health Screening Form relevant, and responsive to the language and literacy responds to medical, mental health, gender, needs of youth. In addition to the requirements of sexual abuse/assault and suicidal concerns. Sections 1324 and 1430 of these regulations: Responses determine the need or timing of appropriate referrals to agency staff, administration and or WellPath services. (a) the admittance process shall include: (1) Access to two free phone calls within one hour 501.8 ☒ ☐ ☐ of admittance in accordance with the provisions of Welfare and Institution Code Section 627; 7456 San Benito JH 18-20 - 16 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (2) Offer of a shower; ☒ ☐ ☐ 501.9 (3) Documented secure storage of personal ☒ ☐ ☐ belongings; 501.7.2 (4) Offer of food upon arrival; ☒ ☐ ☐ 501.5.5 (5) Screening for physical and behavioral health and safety issues, intellectual or developmental ☒ ☐ ☐ 501.5 Bullet 23 disabilities; (6) Screening for physical and developmental disabilities in accordance with Sections 1329, ☒ ☐ ☐ 501.5 Bullet 23 1413, and 1430 of these regulations; 700.3.1 (b)(1) (7) Contact with Regional Center for the Developmentally Disabled for youth that are 702.7 suspected of or identified as having a ☒ ☐ ☐ developmental disability, pursuant to Section 1413; and, (8) Procedures consistent with Section 1352.5. ☒ ☐ ☐ 501.5 Bullet 2 (b) juvenile hall administrators shall establish written criteria for detention that considers the least 502.3 Classification ☐ ☐ ☐ restrictive environment. 502.5.1 Interview 502.5.2 Override (c) juvenile camps and post-dispositional programs in juvenile halls shall develop policies and procedures that advise the youth of the estimated length of ☐ ☐ ☒ stay, inform them of program guidelines and provide written screening criteria for inclusion and exclusion from the program. (d) juvenile halls shall develop policies and procedures that advise any committed youth of the estimated ☒ ☐ ☐ 501.5.3 length of his/her stay. 1350.5. SCREENING FOR THE RISK OF SEXUAL ABUSE 701.4 The facility administrator shall develop and implement The Intake Medical Screening form is ☒ ☐ ☐ written policies and procedures to reduce the risk of responsive to this regulation. We reviewed a sexual abuse by or upon youth. The policy shall require sampling of completed forms and found facility staff to assess each youth within 72 hours of them to be compliant with regulation. admission based on the following information: 7456 San Benito JH 18-20 - 17 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (a) Prior sexual victimization or abusiveness; ☒ ☐ ☐ 502.3 Bullet 19 701.4 (j) (b) Gender nonconforming appearance or manner; or identification as lesbian, gay or bisexual, 502.3 Bullet 8, 9 and 24 transgender, queer or intersex, and whether the ☒ ☐ ☐ youth may, therefore, be vulnerable to sexual abuse; (c) Current charges and offense history; ☒ ☐ ☐ 502.3 Bullet 4 and 6 (d) Age; ☒ ☐ ☐ 502.3 Bullet 1 (e) Level of emotional and cognitive development; ☒ ☐ ☐ 502.3 Bullet 7 (f) Physical size and stature; ☒ ☐ ☐ 502.3 Bullet 3 (g) Mental illness or mental disabilities; ☒ ☐ ☐ 502.3 Bullet 7, 10 and 13 (h) Intellectual or developmental disabilities; ☒ ☐ ☐ 502.3 Bullet 14 (i) Physical disabilities; ☒ ☐ ☐ 502.3 Bullet 10 (j) The youth’s perception of vulnerability; and, ☒ ☐ ☐ 502.3 Bullet 22 (k) Any other specific information about the individual youth that may indicate heightened 502.3 Bullet 1-24 needs for supervision, additional safety ☒ ☐ ☐ precautions, or separation from certain other youth. Staff shall ascertain this information through conversations with the youth during the admittance 502.3 1-24 process, medical and behavioral health screenings; 502.5.1 Interview ☒ ☐ ☐ during classification assessments; and by reviewing court records, case files, facility behavioral records, and other relevant documentation from the youth’s files. 7456 San Benito JH 18-20 - 18 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS The facility administrator shall implement appropriate controls on the dissemination of information within the 502.3 Last Paragraph facility relative to responses received pursuant to this ☒ ☐ ☐ assessment in order to ensure that sensitive information is not exploited to the youth’s detriment by staff or other youth. 1351 RELEASE PROCEDURES 519 Release The facility administrator shall develop and implement written policies and procedures for release of youth The agency has youth complete a Release from custody which provide for: Survey as they exit, asking questions about the quality of care, the youths strategy to ☒ ☐ ☐ remain out of custody, concerns while they were in custody, fairness of processes and a Good/Fair/Poor rating on Food, Staff and School. We found the responses indicated the youth were treated well and provided with sufficient services. (a) verification of identity/release papers; ☒ ☐ ☐ 519.3 (a) (b) return of personal clothing and valuables; ☒ ☐ ☐ 519.3 (d) (c) notification to the youth's parents or guardian; ☒ ☐ ☐ 519.3 (l) (d) notification to the facility health care provider in accordance with Sections 1408 and 1437 of these 519.3 (m) ☒ ☐ ☐ regulations, for coordination with outside agencies; and, (e) notification of school staff; ☒ ☐ ☐ 519.3 (n) (f) notification of facility mental health personnel. ☒ ☐ ☐ 519.3 (m) The facility administrator shall develop and implement policies and procedures for post-disposition youth to 517.3 Discharge Planning coordinate the provision of transitional and reentry ☒ ☐ ☐ services including, but not limited to, medical and behavioral health, education, probation supervision and community-based services. The facility administrator shall develop and implement written policies and procedures for the furlough of ☒ ☐ ☐ 519.4 youth from custody. 7456 San Benito JH 18-20 - 19 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1352 CLASSIFICATION 502 Classification The facility administrator shall develop and implement written policies and procedures on classification of The agency uses the Detention Risk youth for the purpose of determining housing placement ☒ ☐ ☐ Assessment Instrument (DRAI) for detention in the facility. decisions and classification of youth upon Such procedures shall: admittance. The form allows for override and supplement considerations for the most appropriate placement of youth. (a) provide for the safety of the youth, other youth, facility staff, and the public by placing youth in the 502.7 appropriate, least restrictive housing and program ☒ ☐ ☐ settings. Housing assignments shall consider the need for single, double or dormitory assignment or location within the dormitory; (b) consider facility populations and physical design of ☒ ☐ ☐ the facility; 502.7 (c) provide that a youth shall be classified upon admittance to the facility; classification factors 502.7 Bullets 1-12 shall include, but not be limited to: age, maturity, sophistication, emotional stability, program needs, ☒ ☐ ☐ legal status, public safety considerations, medical/mental health considerations, gender and gender identity of the youth; (d) provide for periodic classification reviews, including provisions that consider the level of 502.6.1 Periodic Classification Reviews ☒ ☐ ☐ supervision and the youth's behavior while in 502.6.2 Staff Requested Review custody; and, (e) provide that facility staff shall not separate youth from the general population or assign youth to a 1203.3.1 single occupancy room based solely on the youth's actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, gender, sexual orientation, gender identity, ☒ ☐ ☐ gender expression, mental or physical disability, or HIV status. This section does not prohibit staff from placing youth in a single occupancy room at the youth's specific request or in accordance with Title 15 regulations regarding separation. (f) facility staff shall not consider lesbian, gay, bisexual, transgender, questioning or intersex 502.10 ☒ ☐ ☐ identification or status as an indicator of likelihood of being sexually abusive. 7456 San Benito JH 18-20 - 20 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1352.5 TRANSGENDER AND INTERSEX YOUTH. The elements of this regulation are found in The facility administrator shall develop written policies numerous different policies. We provided and procedures ensuring respectful and equitable technical assistance to suggest the agency treatment of transgender and intersex youth. The place all components in a policy easily policies shall provide that: ☒ ☐ ☐ referenced by staff, followed by procedures to the specific policy to eliminate having to go to two separate manuals. They hope to add relevant procedures to match policy in the 2020-2022 Cycle but they technically meet the standard as written. (a) Facility staff shall respect every youth’s gender identity, and shall refer to the youth by the youth’s 305.3 (j) Member Training preferred name and gender pronoun, regardless of the youth’s legal name. Facilities may prohibit the ☒ ☐ ☐ use of gang or slang names or names that otherwise compromise facility operations as determined by the facility manager or designee, and shall document any decision made on this basis. (b) Facility staff shall permit youth to dress and present themselves in a manner consistent with their gender 806.6.1 ☒ ☐ ☐ identity, and shall provide youth with the institution’s clothing and undergarments consistent with their gender identity. (c) Facility staff shall house youth in the unit or room that best meets their individual needs, and promotes 502.3 Bullets 8,9, 20 and 24 their safety and well-being. Staff may not 502.3 ⁋ 2 automatically house youth according to their external anatomy, and shall document the reasons ☒ ☐ ☐ for any decision to house youth in a unit that does not match their gender identity. In making a housing decision, staff shall consider the youth’s preferences, as well as any recommendations from the youth’s health or behavioral health provider. (d) Facility administrators shall ensure that transgender and intersex youth have access to medical and 700.3.1 (b) 16 ☒ ☐ ☐ behavioral health providers qualified to provide care and treatment to transgender and intersex youth. (e) Consistent with the facility’s reasonable and necessary security considerations and physical 806.12 ⁋ 2 plant, facility staff shall make every effort to ensure ☒ ☐ ☐ the safety and privacy of transgender and intersex youth when the youth are using the bathroom or shower, or dressing or undressing. 7456 San Benito JH 18-20 - 21 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Facility staff shall not conduct physical searches of any youth for the purpose of determining the youth’s 515.5 Transgender Searches anatomical sex. Whenever feasible, the facility shall ☒ ☐ ☐ respect the youth’s preference regarding the gender of the staff member who conducts any search of the youth. 1353 ORIENTATION 503 Youth Orientation The facility administrator shall develop and implement 503.2 Policy written policies and procedures to orient a youth prior to placement in a living area. Both written and verbal The handbook provides sufficient reference information shall be provided and supplemented with ☐ ☐ ☐ to the youth in order to capture the intent of video orientation if feasible. Provision shall be made to orientation. The handbook was updated to provide accessible orientation information to all include all components required by detained youth including those with disabilities, limited regulation. literacy, or English language learners. Orientation shall include information that addresses: (a) facility rules including contraband and searches and ☒ ☒ ☐ disciplinary procedures; 503.4 (a) (b) facility’s system of positive behavior interventions and supports, including behavior expectations, 503.4 (b) incentives that youth will receive for complying ☒ ☐ ☐ with facility rules, and consequences that may This section refers to the agencies Behavior result when youth violate the rules of the facility; Modification Program. (c) age appropriate information that explains the facility’s policy prohibiting sexual abuse and sexual 503.4 (n) ☒ ☐ ☐ harassment and how to report incidents or suspicions of sexual abuse or sexual harassment; (d) identification of key staff and their roles; ☒ ☐ ☐ 503.4 (v) (e) the existence of the grievance procedure, the steps that must be taken to use it, the youth’s right to be 503.4 (e) free of retaliation for reporting a grievance, and the ☒ ☐ ☐ name of the person or position designated to resolve the issue; (f) access to legal services and information on the court ☒ ☐ ☐ process; 503.4 (i) (g) access to routine and emergency health and mental ☒ ☐ ☐ health care; 503.4 (f) (h) access to education, religious services, and ☒ ☐ ☐ recreational activities; 503.4 (g), (j) and (q) 7456 San Benito JH 18-20 - 22 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (i) housing assignments; ☒ ☐ ☐ 503.4 (h) (j) opportunity for personal hygiene and daily showers ☒ ☐ ☐ including the availability of personal care items 503.4 (d) (k) rules and access to correspondence, visits and ☒ ☐ ☐ telephone use; 503.4 (c) (l) availability of reading materials, programming, and ☒ ☐ ☐ other activities; 503.4 (g) and (k) (m) facility policies on the use of force, use of restraints, ☒ ☐ ☐ chemical agents and room confinement; 503.4 (l), (m) and (w) (n) immigration legal services; ☒ ☐ ☐ 503.4 (p) (o) emergencies including evacuation procedures; ☒ ☐ ☐ 503.4 (r) (p) non-discrimination policy and the right to be free from physical, verbal or sexual abuse and ☒ ☐ ☐ 503.4 (n) 1 and (u) harassment by other youth and staff; (q) availability of services and programs in a language other than English if appropriate; ☒ ☐ ☐ 503.2 503.4 (g) 1 (r) the process for requesting different housing, ☒ ☐ ☐ education, programming and work assignments; 503.4 (x) (s) a process for which parents/guardians receive information regarding the youth’s stay in the 503.4 (y) facility that at a minimum includes answers to ☒ ☐ ☐ frequently asked questions and provides contact information for the facility, medical, school and mental health; and, (t) a process by which youth may request access to ☒ ☐ ☐ Title 15 Minimum Standards for Juvenile Facilities. 503.4 (z) 1354 SEPARATION 502.7.1 Separation Requirements ☒ ☐ ☐ The facility administrator shall develop and implement written policies and procedures that address: 7456 San Benito JH 18-20 - 23 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (a) separation of youth for reasons that include, but are not be limited to, medical and mental health 502.7.1 ⁋ 1 ☒ ☐ ☐ conditions, assaultive behavior, disciplinary consequences and protective custody. (b) consideration of positive youth development and ☒ ☐ ☐ trauma-informed care. 502.7.1 ⁋ 1 (c) separated youth shall not be denied normal privileges available at the facility, except when ☒ ☐ ☐ 502.7.1 ⁋ 2 necessary to accomplish the objective of separation. 502.10 ⁋ 3 (d) when the objective of the separation is discipline, Title 15 Section 1390 shall apply. ☒ ☐ ☐ 502.7.1 ⁋ 1 600 Youth Discipline (e) when separation results in room confinement, the separation shall occur in accordance with Welfare 601 Room Confinement ☒ ☐ ☐ and Institutions Code Section 208.3 and Section1354.5 of these regulations. (f) policies and procedures shall ensure a daily review of separated youth to determine if separation ☒ ☐ ☐ 502.7.1 ⁋ 4 remains necessary. 1354.5 ROOM CONFINEMENT 601 Room Confinement (a) The facility administrator shall develop and implement written policies and procedures The agency reported no incidents of Room addressing the confinement of youth in their room ☒ ☐ ☐ Confinement this cycle. that are consistent with Welfare and Institutions Code Section 208.3. The placement of a youth in room confinement shall be accomplished in accordance with the following guidelines: (1) Room confinement shall not be used before other, less restrictive, options have been 601.4 (a) attempted and exhausted, unless attempting ☒ ☐ ☐ those options poses a threat to the safety or security of any youth or staff. (2) Room confinement shall not be used for the purposes of punishment, coercion, ☒ ☐ ☐ 601.4 (b) convenience, or retaliation by staff. (3) Room confinement shall not be used to the extent that it compromises the mental and ☒ ☐ ☐ 601.4 (c) physical health of the youth. 7456 San Benito JH 18-20 - 24 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) A youth may be held up to four hours in room confinement. After the youth has been held in room 601.4.5 (a) ☒ ☐ ☐ confinement for a period of four hours, staff shall do one or more of the following: (1) Return the youth to general population. ☒ ☐ ☐ 601.4.5 (a) 1 (2) Consult with mental health or medical staff. ☒ ☐ ☐ 601.4.5 (a) 2 (3) Develop an individualized plan that includes the goals and objectives to be met in order to ☒ ☐ ☐ 601.4.5 (a) 3 reintegrate the youth to general population. (4) If room confinement must be extended beyond ☒ ☐ ☐ four hours, staff shall do each of the following: 601.4.5 (b) (A) Document the reasons for room confinement and the basis for the 601.4.5 (b) 1 extension, the date and time the youth was ☒ ☐ ☐ first placed in room confinement, and when he or she is eventually released from room confinement. (B) Develop an individualized plan that includes the goals and objectives to be met 601. 4.5 (b) 2 ☒ ☐ ☐ in order to integrate the youth to general population. (C) Obtain documented authorization by the facility superintendent or his or her ☒ ☐ ☐ 601.4.5 (b) 3 designee every four hours thereafter. (5) This section is not intended to limit the use of single-person rooms or cells for the housing of 601.1.1 ☒ ☐ ☐ youth in juvenile facilities and does not apply to normal sleeping hours. (6) This section does not apply to youth or wards ☒ ☐ ☐ in court holding facilities or adult facilities. 601.1 ⁋ 3 (7) Nothing in this section shall be construed to conflict with any law providing greater or ☒ ☐ ☐ 601.1 ⁋ 3 additional protections to youth. 7456 San Benito JH 18-20 - 25 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (8) This section does not apply during an extraordinary emergency circumstance that 601.1 ⁋ 4 requires a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an ☒ ☐ ☐ imminent and substantial risk of harm to multiple staff or youth. This exception shall apply for the shortest amount of time needed to address this imminent and substantial risk of harm. (9) This section does not apply when a youth is placed in a locked cell or sleeping room to treat 502.7.2 Separation Exceptions and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the youth is not required to be in an infirmary for an ☒ ☐ ☐ illness. Additionally, this section does not apply when a youth is placed in a locked cell or sleeping room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the youth is not required to be in an infirmary for illness. 1355 INSTITUTIONAL ASSESSMENT AND PLAN 504 Case Management The facility administrator shall develop and implement written policies and procedures for assessment and case planning. We reviewed a sampling of Case Plans for the agency and found them individualized. We provided technical assistance to ensure ☒ ☐ ☐ staff completing the assessment recorded detailed information on the youths needs and progress to meet those needs in subsequent assessments. We noted the facilities average length of stay is minimal for completing anything other than a transition plan. 7456 San Benito JH 18-20 - 26 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (a) Assessment: The assessment is based on information collected 504.3 Assessments during the admission process with periodic review, 504.3 ⁋ 2 and 3 which includes the youth's risk factors, needs and strengths including, but not limited to, ☒ ☐ ☐ identification of substance abuse history, educational, vocational, counseling, behavioral health, consideration of known history of trauma, and family strengths and needs. (b) Institutional Case Plan: (1) A case plan shall be developed for each youth ☒ ☐ ☐ 504.3.1 held for at least 30 days or more and created within 40 days of admission. (2) The institutional plan shall include, but not be limited to, written documentation that provides: ☒ ☐ ☐ 504.3.1 (A) objectives and time frame for the resolution of problems identified in the assessment; ☒ ☐ ☐ 504.3.1 (c) (B) a plan for meeting the objectives that includes a description of program resources ☒ ☐ ☐ 504.3.1 (b) needed and individuals responsible for assuring that the plan is implemented; (3) periodic evaluation of progress towards meeting the objectives, including periodic review and ☒ ☐ ☐ 504.3.1 (c) discussion of the plan with the youth; (4) a transition plan, the contents of which shall be subject to existing resources, shall be developed ☒ ☐ ☐ 504.3.1 for post dispositional youth in accordance with Section 1351; and, (5) in as much as possible and if appropriate, the plan, including the transition plan, shall be 504.3.1 (a) developed with input from the family, ☒ ☐ ☐ supportive adults, youth, and Regional Center for the Developmentally Disabled. 7456 San Benito JH 18-20 - 27 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1356 COUNSELING AND CASEWORK SERVICES 504.5 Counseling and Casework 704.3 Counseling Behavior Health The facility administrator shall develop and implement written policies and procedures ensuring the availability The agency submitted volunteer and of appropriate counseling and casework services for all Behavior Health sign in sheets indicating the youth. Policies and procedures shall ensure: youth are receiving formal counseling ☒ ☐ ☐ services. We provided technical assistance to ensure staff working with the youth day to day documents in chrono or case entries their individual role in counseling or re-directing youth. (a) youth will receive assistance with needs or concerns that may arise; ☒ ☐ ☐ 504.5 ⁋ 3 (a) 704.3 (a) 1 (b) youth will receive assistance in requesting contact with parents, other supportive adults, attorney, ☒ ☐ ☐ 504.5 ⁋ 3 (b) clergy, probation officer, or other public official; 704.3 (b) and, (c) youth will be provided access to available resources to meet the youth’s needs. ☒ ☐ ☐ 504.5 ⁋ 3 (c) 704.3 (a) 2 1357 USE OF FORCE 513 Use of Force (UF) The facility administrator, in cooperation with the 513.3 ⁋ 6 responsible physician, shall develop and implement written policies and procedures for the use of force, We reviewed a sampling of incident reports which may include chemical agents. Force shall never ☒ ☐ ☐ documenting the use of force. Staff response be applied as punishment, discipline, retaliation or was well documented and included all treatment. elements of regulation. (a) At a minimum, each facility shall develop policies and procedures which: (1) restricts the use of force to that which is deemed reasonable and necessary, as defined in Section ☒ ☐ ☐ 513.3 ⁋ 1 1302 to ensure the safety and security of youth, staff, others and the facility. 7456 San Benito JH 18-20 - 28 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (2) outline the force options available to staff including both physical and non-physical 513.3.5 Use of Force Options options and define when those force options are The agency allows for staff presence, appropriate. ☒ ☐ ☐ counseling/dialogue, verbal commands, control and search techniques; OC Spray, physical and mechanical restraint and unarmed defensive tactics. (3) describe force options or techniques that are expressly prohibited by the facility. ☒ ☐ ☐ 513.3.4 Limitations 513.10 (k) (4) describe the requirements of staff to report any inappropriate use of force, and to take ☒ ☐ ☐ 513.3.2 Duty to Intercede affirmative action to immediately stop it. (5) define a standardized reporting format that includes time period and procedure for 513.6 Reporting the UF documenting and reporting the use of force, including reporting requirements of management and line staff and procedures for reviewing and tracking use of force incidents by ☒ ☐ ☐ supervisory and or management staff, which include procedures for debriefing a particular incident with staff and/or youth for the purposes of training as well as mitigating the effects of trauma that may have been experienced by staff and /or the youth involved. (6) Include an administrative review and a system for investigating unreasonable use of force. ☒ ☐ ☐ 513.9 (7) define the role, notification, and follow-up procedures required after use of force incidents ☒ ☐ ☐ 513.6.1 ⁋ 2 for medical, mental health staff and parents or legal guardians. (8) describe the limitations of use of force on pregnant youth in accordance with Penal Code ☒ ☐ ☐ 513.3.4 Section 6030(f) and Welfare and Institutions Code Section 222. 513.4.3 (g)(2) (b) Facilities that authorize chemical agents as a force option shall include policies and procedures that: ☒ ☐ ☐ 513.4 Use of Chemical Agents 7456 San Benito JH 18-20 - 29 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (1) identify who is approved to carry and/or utilize chemical agents in the facility and the type, size ☒ ☐ ☐ 513.4 ⁋ 1 and the approved method of deployment for those chemical agents. (2) mandate that chemical agents only be used when there is an imminent threat to the youth’s safety ☒ ☐ ☐ 513.4.1 or the safety of others and only when de- escalation efforts have been unsuccessful or are not reasonably possible. (3) outline the facility’s approved methods and timelines for decontamination from chemical 513.4 ⁋ 3, 4 and 5 agents. This shall include that youth who have ☒ ☐ ☐ been exposed to chemical agents shall not be left unattended until that youth is fully decontaminated or is no longer suffering the effects of the chemical agent. (4) define the role, notification, and follow-up procedures required after use of force incidents 513.4.2 ☒ ☐ ☐ involving chemical agents for medical, mental 513.6.1 health staff and parents or legal guardians. (5) provide for the documentation of each incident of use of chemical agents, including the reasons 513.4.2 for which it was used, efforts to de-escalate prior to use, youth and staff involved, the date, ☒ ☐ ☐ 513.6.2 time and location of use, decontamination procedures applied and identification of any injuries sustained as a result of such use. (c) Facilities shall develop policies and procedure which require that agencies provide initial and ☒ ☐ ☐ 513.10.2 Training regular training in use of force and chemical agents when appropriate that address: (1) known medical and behavioral health ☒ ☐ ☐ conditions that would contraindicate certain 513.10.2 (a) types of force; (2) acceptable chemical agents and the methods of application. ☐ ☐ ☐ 513.10.2 (b) (3) signs or symptoms that should result in ☒ ☐ ☐ immediate referral to medical or behavioral 513.10.2 (c) health. (4) instruction on the Constitutional Limitations of Use of Force. ☒ ☐ ☐ 513.10.2 (d) 7456 San Benito JH 18-20 - 30 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (5) physical training force options that may require the use of perishable skills. ☒ ☐ ☐ 513.10.2 (e) (6) timelines the facility uses to define regular training. ☒ ☐ ☐ 513.10.2 (f) 1358 USE OF PHYSICAL RESTRAINTS 514 Restraints (UR) The facility administrator, in cooperation with the 514.1.1 responsible physician and mental health director, shall 514.4 develop and implement written policies and procedures ☒ ☐ ☐ for the use of restraint devices. Restraint devices The agency had no use of restraint incidents include any devices which immobilize a youth's as defined by regulation this cycle. extremities and/or prevent the youth from being ambulatory. Physical restraints may be used only for those youth who present an immediate danger to themselves or 514.3 (c) and (e) others, who exhibit behavior which results in the destruction of property, or reveals the intent to cause ☒ ☐ ☐ self-inflicted physical harm. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the youth’s behavior. In no case shall restraints be used as punishment or discipline, or as a substitute for treatment. The use of 514.3 (g) and (l) restraint devices that attach a youth to a wall, floor or other fixture, including a restraint chair, or through affixing of hands and feet together behind the back ☒ ☐ ☐ (hogtying) is prohibited. The use of restraints on pregnant youth is limited in accordance with Penal Code Section 6030(f) and Welfare and Institutions Code Section 222. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used 514.5 (a) to restrain youth for movement or transportation within ☒ ☐ ☐ the facility. Movement within the facility shall be governed by Section 1358.5, Use of Restraint Devices for Movement Within the Facility. 7456 San Benito JH 18-20 - 31 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Youth shall be placed in restraints only with the approval of the facility manager or designee. The facility manager 514.3 (d) 1, 2 and 3 may delegate authority to place a youth in restraints to a ☒ ☐ ☐ physician. Reasons for continued retention in restraints shall be reviewed and documented at a minimum of every hour. A medical opinion on the safety of placement and retention shall be secured as soon as possible, but no later 514.3 (j) 1 than two hours from the time of placement. The youth ☒ ☐ ☐ shall be medically cleared for continued retention at least every three hours thereafter. A mental health consultation shall be secured as soon as possible, but in no case longer than four hours from the ☒ ☐ ☐ 514.3 (j) 2 time of placement, to assess the need for mental health treatment. Continuous direct visual supervision shall be conducted to ensure that the restraints are properly employed, and 514.3 (j) to ensure the safety and well-being of the youth. 514.6 (h) ☒ ☐ ☐ Observations of the youth's behavior and any staff 514.7 (j) and (k) interventions shall be documented at least every 15 minutes, with actual time of the documentation recorded. In addition to the requirements above, policies and procedures shall address: (a) documentation of the circumstances leading to an application of restraints. ☒ ☐ ☐ 514.7 (c) (b) known medical conditions that would contraindicate certain restraint devices and/or ☒ ☐ ☐ 514.10 (h) techniques. (c) acceptable restraint devices. ☒ ☐ ☐ 514.11 (b) 1-4 (d) signs or symptoms which should result in immediate medical/mental health referral. ☒ ☐ ☐ 514.10 (j) (e) availability of cardiopulmonary resuscitation equipment. ☒ ☐ ☐ 514.10 (k) 7456 San Benito JH 18-20 - 32 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (f) protective housing of restrained youth. While in restraint devices, all youth shall be housed alone or 514.3 (k) in a specified housing area for restrained youth ☒ ☐ ☐ 514.6 (d) and (h) which makes provision to protect the youth from abuse. (g) provision for hydration and sanitation needs. ☒ ☐ ☐ 514.3 (m) (h) exercising of extremities. ☒ ☐ ☐ 514.6 (i) 1358.5 USE OF RESTRAINT DEVICES FOR MOVEMENT AND TRANSPORTATION WITHIN 514.5 Transportation Restraints THE FACILITY. The Facility Administrator, in cooperation with the 514.12 (b) General Procedures for Restraints responsible physician and behavioral/mental health ☒ ☐ ☐ director, shall develop and implement written policies and procedures for the use of restraint devices when the purpose is for movement or transportation within the facility that shall include the following: (a) identification of acceptable restraint devices, staff approved to utilize restraint devices and the 514.10 (i) required training. ☒ ☐ ☐ 514.12 (f) (b) the circumstances leading to the application of restraints must be documented. 514.7 (c) ☒ ☐ ☐ 514.14 (c) an individual assessment of the need to apply restraints for movement or transportation that 514.12 (b) 1-3 includes consideration of less restrictive alternatives, consideration of a youth’s known ☒ ☐ ☐ medical or mental health conditions, trauma informed approaches, and a process for documentation and supervisor review and approval. 7456 San Benito JH 18-20 - 33 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (d) consideration of safety and security of the facility, with a clearly defined expectation that restraint ☒ ☐ ☐ 514.11 Use of Restraint Policy devices shall not be used for the purposes of discipline or retaliation. (e) the use of restraints on pregnant youth is limited in accordance with Penal Code Section6030(f) and 514.9 Welfare and Institutions Code Section 222. ☒ ☐ ☐ 514.9.1 1359 SAFETY ROOM PROCEDURES (a) The facility administrator, and where applicable, in There is no safety room at this facility. cooperation with the responsible physician, shall develop and implement written policies and procedures governing the use of safety rooms, as described in Title 24, Part 2, Section 1230.1.13. The room shall be used to hold only those youth who ☐ ☐ ☒ present an immediate danger to themselves or others, who exhibit behavior which results in the destruction of property, or reveals the intent to cause self-inflicted physical harm. A safety room shall not be used for punishment or discipline, or as a substitute for treatment. Policies and procedures shall: (1) include provisions for administration of necessary nutrition and fluids, access to a toilet, ☐ ☐ ☒ and suitable clothing to provide for privacy; (2) provide for approval of the facility manager, or designee, before a youth is placed into a safety ☐ ☐ ☒ room; (3) provide for continuous direct visual supervision and documentation of the youth's behavior and ☐ ☐ ☒ any staff interventions every 15 minutes, with actual time recorded; (4) provide that the youth shall be evaluated by the ☐ ☐ ☒ facility manager, or designee, every four hours; (5) provide for immediate medical assessment, where appropriate, or an assessment at the next ☐ ☐ ☒ daily sick call; and, (6) provide a process for documenting the reason for placement, including attempts to use less ☐ ☐ ☒ restrictive means of control, and decisions to continue and end placement. 7456 San Benito JH 18-20 - 34 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) The placement of a youth in the safety room shall be ☐ ☐ ☒ accomplished in accordance with the following: (1) safety room shall not be used before other less restrictive options have been attempted and exhausted, unless attempting those options poses ☐ ☐ ☒ a threat to the safety or security of any youth or staff. (2) safety room shall not be used for the purposes of punishment, coercion, convenience, or ☐ ☐ ☒ retaliation by staff. (3) safety room shall not be used to the extent that it compromises the mental and physical health of ☐ ☐ ☒ the youth. (c) A youth may be held up to four hours in the safety room. After the youth has been held in the safety ☐ ☐ ☒ room for a period of four hours, staff shall do one or more of the following: (1) return the youth to general population. ☐ ☐ ☒ (2) consult with mental health or medical staff, ☐ ☐ ☒ (3) develop an individualized plan that includes the ☐ ☐ ☒ goals and objectives to be met in order to reintegrate the youth to general population. (d) If confinement in the safety room must be extended beyond four hours, staff shall develop an individualized plan that includes the requirements ☐ ☐ ☒ of Section 1354.5 and the goals and objectives to be met in order to integrate the youth to general population. 1360 SEARCHES The facility administrator shall develop and implement 515 Searches ☒ ☐ ☐ written policies and procedures governing the search of youth, the facility, and visitors. Policies and procedures shall provide that: (a) Searches shall be conducted to ensure the safety and security of the facility, public, visitors, youth, and ☒ ☐ ☐ 515.2 staff. (b) Searches shall be conducted in a manner that preserves the privacy and dignity of the person 515.1 ⁋ 1 being searched, and shall not be conducted for ☒ ☐ ☐ harassment or as a form of discipline or 515.2 ⁋ 2 punishment. 7456 San Benito JH 18-20 - 35 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (c) Strip searches and visual or physical body cavity searches shall comply with Penal Code Section 515.4.1 (a) 4030. ☒ ☐ ☐ 515.4.2 (d) Physical body cavity searches shall only be conducted by a medical professional. ☒ ☐ ☐ 515.4.2 (b) (e) Any youth held after a detention hearing shall only be strip searched with prior approval of a supervisor 515.4.1 (a) when there is reasonable suspicion based on ☒ ☐ ☐ specific and articulable facts to believe that youth is concealing contraband. The reasonable suspicion shall be documented. (f) Searches of transgender and intersex youth shall comply with Section 1352.5. ☒ ☐ ☐ 515.5 (g) Cross-gender pat-down searches and strip searches are prohibited except in exigent circumstances or 514.4.2 (c) when conducted by a medical professional. Such ☒ ☐ ☐ searches must be justified and documented in 514.4.3 ⁋ 2 writing. 1361 GRIEVANCE PROCEDURE The facility administrator shall develop and implement 609 Youth Grievances written policies and procedures whereby any youth may 609.2 appeal and have resolved grievances relating to any condition of confinement, including but not limited to 609.3 ⁋ 1 health care services, classification decisions, program ☒ ☐ ☐ We reviewed all 7 grievances filed in 2019. participation, telephone, mail or visiting procedures, The responses were fair and consistent with a food, clothing, bedding, mistreatment, harassment or positive behavior intervention and support violations of the nondiscrimination policy. There shall approach to working with youth. All were be no time limit on filing grievances. Policies and responded to the same day as submitted and procedures shall include provisions whereby the facility resolved within 3 days. manager ensures: (a) a grievance form and instructions for registering a grievance, which includes provisions for the youth ☒ ☐ ☐ 609.3 Bullet 1 to have free access to the form; (b) the youth shall have the option to confidentially file the grievance or to deliver the form to any youth ☒ ☐ ☐ 609.3 Bullet 8 supervision staff working in the facility; 7456 San Benito JH 18-20 - 36 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (c) resolution of the grievance at the lowest appropriate staff level; ☒ ☐ ☐ 609.4 ⁋ 1 (d) provision for a prompt review and initial response to grievances within three (3) business days, ☒ ☐ ☐ 609.4.2 ⁋ 3 grievances that relate to health and safety issues must be addressed immediately; (1) The youth may elect to be present to explain his/her version of the grievance to a person not ☒ ☐ ☐ 609.4.5 (a) directly involved in the circumstances which led to the grievance. (2) Provision for a staff representative approved by the facility administrator to assist the youth. ☒ ☐ ☐ 609.4.5 (b) (e) provision for a written response to the grievance which includes the reasons for the decisions; ☒ ☐ ☐ 609.4.3 (f) a system which provides that any appeal of a grievance shall be heard by a person not directly ☒ ☐ ☐ 609.4.3 involved in the circumstances which led to the grievance; (g) resolution of the grievance must occur within ten (10) business days unless circumstances dictate a ☒ ☐ ☐ 609.4.2 ⁋ 4 longer time frame. The youth shall be notified of any delay; and, (h) the policy shall provide multiple internal and external methods to report sexual abuse and sexual ☒ ☐ ☐ 609.6 harassment. Whether or not associated with a grievance, concerns of parents, guardians, staff or other parties shall be ☒ ☐ ☐ 609.4.1 ⁋ 2 addressed and documented in accordance with written policies and procedures within a specified timeframe. 7456 San Benito JH 18-20 - 37 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1362 REPORTING OF INCIDENTS A written report of all incidents which result in physical 209.4.2 harm, use of force, serious threat of physical harm, or 209.5.2 death of an employee, youth or other person(s) shall be maintained. Such written record shall be prepared by the We reviewed a sampling of incident reports ☒ ☐ ☐ staff and submitted to the facility manager by the end of related to major incidents, use of force and the shift, unless additional time is necessary and classroom/dayroom documentation of authorized by the facility manager or designee. behavior. The reports were well written and reviewed by the Supervisor and Manager. 1363 USE OF REASONABLE FORCE TO COLLECT DNA SPECIMENS, SAMPLES, 521 Biological Samples IMPRESSIONS 521.5 (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, and 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 section, the “use of reasonable force” shall be defined as the force that 521.5 an objective, trained and competent correctional ☒ ☐ ☐ employee, faced with similar facts and The facility indicates in policy that force will circumstances, would consider necessary and not be used to secure compliance. reasonable to gain compliance with this section. (2) The use of reasonable force shall be preceded by efforts to secure voluntary compliance. Efforts to 521.5 ⁋ 2 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 authorization of the supervising officer on duty. 521.5 ⁋ 2 The authorization shall include information that ☒ ☐ ☐ reflects the fact that the offender was asked to The agency requires a specific Court order to provide the requisite specimen, sample, or use force to collect a DNA Sample. impression and refused. 7456 San Benito JH 18-20 - 38 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (1) If the use of reasonable force includes a cell extraction, the extraction shall be videotaped. 521.5.1 Video shall be directed at the cell extraction event. The videotape shall be retained by the ☒ ☐ ☐ agency for the length of time required by statute. Notwithstanding the use of the video as evidence in a court proceeding, the tape shall be retained administratively. 1370 EDUCATION PROGRAM (a) School Programs 1003 Youth Educational Services The County Board of Education shall provide for the 1003.3 administration and operation of juvenile court 1003.4 (b) 1 schools in conjunction with the Chief Probation Officer, or designee pursuant to applicable State The agency relationship with education laws. The school and facility administrators shall partners has improved from last cycle and we develop and implement written policy and note since the pandemic, this is one of two procedures to ensure communication and counties that has continued education coordination between educators and probation staff. services in the classroom. Culturally responsive and trauma-informed The San Benito Office of Education operates approaches should be applied when providing the San Benito County Court School and instruction. Education staff should collaborate with provides youth with all required services in the facility administrator to use technology to regulation. The annual evaluation referenced facilitate learning and ensure safe technology ☒ ☐ ☐ great collaboration between probation and practices. The facility administrator shall request an school staff, access to community college annual review of each required element of the programs, significant use of technology and program by the Superintendent of Schools, and a consistent leadership between agencies. report or review checklist on compliance, deficiencies, and corrective action needed to achieve compliance with this section. Such a review, when conducted, cannot be delegated to the principal or any other staff of any juvenile court school site. The Superintendent of Schools shall conduct this review in conjunction with a qualified outside agency or individual. Upon receipt of the review, the facility administrator or designee shall review each item with the Superintendent of Schools and shall take whatever corrective action is necessary to address each deficiency and to fully protect the educational interests of all youth in the facility. 7456 San Benito JH 18-20 - 39 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) Required Elements The facility school program shall comply with the 1003.2 State Education Code and County Board of 1003.3 Education policies, all applicable federal education statutes and regulations and provide for an annual 1003.4 (b) 1 evaluation of the educational program offerings. As stated in the 2009 California Standards for the ☒ ☐ ☐ Teaching Profession, teachers shall establish and maintain learning environments that are physically, emotionally, and intellectually safe. Youth shall be provided a rigorous, quality educational program that responds to the different learning styles and abilities of students and prepares them for high school graduation, career entry, and post-secondary education. All youth shall be treated equally, and the education program shall be free from discriminatory action. 1003.3 (a) Staff shall refer to transgender, intersex and gender- ☒ ☐ ☐ nonconforming youth by their preferred name and gender. (1) The course of study shall comply with the State Education Code and include, but not be limited to, ☒ ☐ ☐ 1003.5 courses required for high school graduation. (2) Information and preparation for the High School Equivalency Test as approved by the California ☒ ☐ ☐ 1003.5 ⁋ 3 Department of Education shall be made available to eligible youth. (3) Youth shall be informed of post-secondary education and vocational opportunities. ☒ ☐ ☐ 1003.5 ⁋ 3 (4) Administration of the High School Equivalency Tests as approved by the California Department of ☒ ☐ ☐ 1003.5 ⁋ 3 Education, shall be made available when possible. (5) Supplemental instruction shall be afforded to youth who do not demonstrate sufficient progress towards ☒ ☐ ☐ 1003.5 ⁋ 4 grade level standards. 7456 San Benito JH 18-20 - 40 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (6) The minimum school day shall be consistent with State Education Code Requirements for juvenile 1003.5 ⁋ 2 court schools. The facility administrator, in conjunction with education staff, must ensure that operational procedures do not interfere with the time ☒ ☐ ☐ afforded for the minimum instructional day. Absences, time out of class or educational instruction, both excused and unexcused, shall be documented. (7) Education shall be provided to all youth regardless of classification, housing, security status, disciplinary 1003.4 (k) or separation status, including room confinement, except when providing education poses an ☒ ☐ ☐ immediate threat to the safety of self or others. Education includes, but is not limited to, related services as provided in a youth’s Section 504 Plan or Individualized Education Program (IEP). (c) School Discipline (1) Positive behavior management will be implemented 1003.7 ⁋ 1 to reduce the need for disciplinary action in the ☒ ☐ ☐ school setting and be integrated into the facility's overall behavioral management plan and security system. (2) School staff shall be advised of administrative decisions made by probation staff that may affect the ☒ ☐ ☐ 1003.7 ⁋ 2 educational programming of students. (3) Except as otherwise provided by the State Education Code, expulsion/suspension from school shall be 1003.7 ⁋ 3 imposed only when other means of correction fails to bring about proper conduct. School staff shall follow the appropriate due process safeguards as set ☒ ☐ ☐ forth in the State Education Code including the rights of students with special needs. School staff shall document the other means of correction used prior to imposing expulsion/ suspension if an expulsion/suspension is ultimately imposed. (4) The facility administrator, in conjunction with education staff will develop policies and procedures ☒ ☐ ☐ 1003.4 (g) that address the rights of any student who has continuing difficulty completing a school day. 7456 San Benito JH 18-20 - 41 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (d) Provisions for Special Populations 1003.4 (a) 1 (1) State and federal laws and regulations shall be observed for all individuals with disabilities or ☒ ☐ ☐ 1003.4 (d) and (e) suspected disabilities. This includes but is not limited to child find, assessment, continuum of alternative placements, manifestation determination reviews, and implementation of Section 504 Plans and Individualized Education Programs. (2) Youth identified as English Learners (EL) shall be afforded an educational program that addresses their ☒ ☐ ☐ 1003.4 (m) language needs pursuant to all applicable state and federal laws and regulations governing programs for EL students. (e) Educational Screening and Admission ☒ ☐ ☐ 1003.4 (c) 1 (1) Youth shall be interviewed after admittance and a record maintained that documents a youth's educational history, including but not limited to: (A) School progress/school history; ☒ ☐ ☐ 1003.4 (c) 1 (B) Home Language Survey and the results of the State Test used for English language proficiency; ☒ ☐ ☐ 1003.4 (c) 1 (C) Needs and services of special populations as defined by the State Education Code, including but not ☒ ☐ ☐ 1003.4 (c) 1 limited to, students with special needs. (D) Discipline problems. ☒ ☐ ☐ 1003.4 (c) 1 (2) Youth will be immediately enrolled in school. Educational staff shall conduct an assessment to ☒ ☐ ☐ 1003.4.1 determine the youth's general academic functioning levels to enable placement in core curriculum courses. (3) After admission to the facility, a preliminary education plan shall be developed for each youth ☒ ☐ ☐ 1003.4.1 ⁋ 1 within five school days. 7456 San Benito JH 18-20 - 42 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (4) Upon enrollment, education staff shall comply with the State Education Code and request the youth's 1003.4.1 ⁋ 2 records from his/her prior school(s), including, but not limited to, transcripts, Individual Education Program (IEP), 504 Plan, state language assessment ☒ ☐ ☐ scores, immunization records, exit grades, and partial credits. Upon receipt of the transcripts, the youth's educational plan shall be reviewed with the youth and modified as needed. Youth should be informed of the credits they need to graduate. (f) Educational Reporting ☒ ☐ ☐ 1003.4 (i) (1) The complete facility educational record of the youth shall be forwarded to the next educational placement in accordance with the State Education Code. (2) The County Superintendent of Schools shall provide appropriate credit (full or partial) for course work ☒ ☐ ☐ 1003.4 (i) completed while in juvenile court school in accordance with the State Education Code. (g) Transition and Re-Entry Planning 1003.4 (n) (1) The Superintendent of Schools and the Chief Probation Officer or designee, shall develop policies ☒ ☐ ☐ 519.5 Release and procedures to meet the transition needs of youth, including the development of an education transition plan, in accordance with the State Education Code and in alignment with Title 15, Minimum Standards for Juvenile Facilities, Section 1355. (h) Post-Secondary Education Opportunities 1003.4 (o) (1) The school and facility administrator should, whenever possible, collaborate with local post- ☐ ☐ ☒ secondary education providers to facilitate access to educational and vocational opportunities for youth that considers the use of technology to implement these programs. 1371 PROGRAMS, RECREATION, AND EXERCISE. 1002 Programs, Exercise and Recreation The facility administrator shall develop and implement written policies and procedures for programs, 1002.2 recreation, and exercise for all youth. The intent is to A Social Awareness Programs memo was minimize the amount of time youth are in their rooms ☒ ☐ ☐ provided to the CPO on November 21, 2019, or their bed area. articulating the programs offered, the relevance to the population and the content of each program. 7456 San Benito JH 18-20 - 43 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Juvenile facilities shall provide the opportunity for programs, recreation, and exercise a minimum of three 1002.3 ⁋ 1 hours a day during the week and five hours a day each ☒ ☐ ☐ Saturday, Sunday or other non-school days, of which one hour shall be an outdoor activity, weather permitting. A youth’s participation in programs, recreation, and exercise may be suspended only upon a written finding 1002.3 ⁋ 2 by the administrator/manager or designee that a youth ☒ ☐ ☐ represents a threat to the safety and security of the facility. Such program, recreation, and exercise schedule shall be posted in the living units. ☒ ☐ ☐ 1002.3 ⁋ 3 There will be a written annual review of the programs, recreation, and exercise by the responsible agency to ☒ ☐ ☐ 1002.3 ⁋ 6 ensure content offered is current, consistent, and relevant to the population. (a) Programs. All youth shall be provided with the opportunity for at least one hour of daily 1002.6 Programs programming to include, but not be limited to, trauma focused, cognitive, evidence-based, best practice interventions that are culturally relevant and linguistically appropriate, or pro-social interventions and activities designed to reduce recidivism. These programs should be based on the youth’s individual needs as required by Sections 1355 and 1356. Such ☒ ☐ ☐ programs may be provided under the direction of the Chief Probation Officer or the County Office of Education and can be administered by county partners such as mental health agencies, community- based organizations, faith-based organizations or Probation staff. Programs may include but are not limited to: 7456 San Benito JH 18-20 - 44 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (1) Cognitive Behavior Interventions; (2) Management of Stress and Trauma; 1000.2 (3) Anger Management; 1000.3 (4) Conflict Resolution; We reviewed the agency unit schedule and the Social Programs memo submitted by (5) Juvenile Justice System; ACPO James Bucknell outlining program (6) Trauma-related interventions; options for youth. (7) Victim Awareness; Programs include: Thinking for Change; Girls Circle; Youth Alliance; Teen (8) Self-Improvement; Recovery; Arts Council; Life Skills; Journaling; Garden and Ag Programs; (9) Parenting Skills and support; ☒ ☐ ☐ YMCA Programs; Sacred Roc; Restorative (10) Tolerance and Diversity; Justice; and, Community Solutions. Additionally, Behavior Health is now on-site (11) Healing Informed Approaches; five days each week, more frequently than (12) Interventions by Credible Messengers; last cycle, and provides one on one counseling and crisis intervention (13) Gender Specific Programming; counseling. (14) Art, creative writing, or self-expression; (15) CPR and First Aid training; (16) Restorative Justice or Civic Engagement; (17) Career and leadership opportunities; and, (18) Other topics suitable to the youth population. (b) Recreation. All youth shall be provided the opportunity for at least one hour of daily access to 1002.5 unscheduled activities such as leisure reading, letter writing, and entertainment. Activities shall be The agency has enhanced recreation and supervised and include orientation and may include activities including the following: coaching of youth. Arts Council; Life Skills; Garden Program; ☒ ☐ ☐ Ag in the Classroom; Art/Cartooning; Yoga; Fitness Programs; and, Debate. These are facilitated by staff and youth volunteer to participate. These activities are in addition to other activities that take place daily in the unit. (c) Exercise. All youth shall be provided with the opportunity for at least one hour of large muscle ☒ ☐ ☐ 1002.4 activity each day. 7456 San Benito JH 18-20 - 45 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS The administrator/manager may suspend, for a period not to exceed 24 hours, access to recreation and programs. ☒ ☐ ☐ 1002.3 ⁋ 7 The administrator/manager shall document the reasons why suspension of recreation and programs occurs. 1372 RELIGIOUS PROGRAM The facility administrator shall provide access to 1006 Religious Programs religious services and/or religious counseling at least 1006.4.1 once each week. Attendance shall be voluntary. A youth ☒ ☐ ☐ shall be allowed to participate in an activity outside of their room if he/she elects not to participate in religious programs. Religious programs shall provide for: (a) opportunity for religious services and practices; 1006.4.1 ☒ ☐ ☐ 1006.10 (b) availability of clergy; and, ☒ ☐ ☐ 1006.4 (f) and (g) (c) availability of religious diets. ☒ ☐ ☐ 1006.6 1373 WORK PROGRAM The facility administrator shall develop policies and 1004 Youth Work Program procedures regarding the fair and consistent assignment of youth to work programs. Work assigned to a youth ☒ ☐ ☐ shall be meaningful, constructive and related to vocational training or increasing a youth's sense of responsibility. Work programs shall not be imposed as a disciplinary measure. 7456 San Benito JH 18-20 - 46 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1374 VISITING The facility administrator shall develop and implement 1007 Visiting written policies and procedures for visiting, that include 1007.3.2 provisions for special visits. Youth shall be allowed to receive visits by parents, guardians or persons standing ☒ ☐ ☐ in loco parentis, and children of youth. Other family members, such as grandparents and siblings, and supportive adults, may be allowed to visit with the approval of the facility administrator or designee, and in conjunction with the youth’s case plan or in the best interest of the youth. All visits shall occur at reasonable times, subject only to the limitations necessary to maintain order and security. 1007.5 Visiting Schedule Visitation shall not be denied solely based on the visitor’s criminal history. The staff shall determine in each case, 1007.6 (f) whether the visitor’s criminal history represents a risk to ☒ ☐ ☐ the safety of youth or staff in the facility. Any denial of visitation or limitation on visitations shall be communicated to the youth, person denied and facility administrator. Opportunity for visitation shall be a minimum of two hours per week. Visits may be supervised, but ☒ ☐ ☐ 1007.3.2 ⁋ 2 conversations shall not be monitored unless there is a security or safety need. Provisions for special visits, in addition to the two-hour minimum and/or outside of the regular visiting hours, 1007.8 Special Visits shall be accommodated as necessary and within the discretion of the facility administrator or designee. ☒ ☐ ☐ Family therapy and professional visits shall be accommodated outside the provisions of this regulation. Facilities may provide visitation opportunities outside of normal visiting hours to accommodate special visits. The facility may provide access to technology as an alternative, but not as a replacement, to in-person ☒ ☐ ☐ 1007.3.2 ⁋ 3 visiting. 1375 CORRESPONDENCE The facility administrator shall develop and implement ☒ ☐ ☐ 1001 Youth Mail written policies and procedures for correspondence which provide that: (a) there is no limitation on the volume of mail that youth may send or receive; ☒ ☐ ☐ 1001.3 ⁋ 1 7456 San Benito JH 18-20 - 47 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) youth may send two letters per week postage free; ☒ ☐ ☐ 1001.10 (a) (c) youth may correspond confidentially with state and federal courts, any member of the State Bar or holder 1001.4 of public office, and the Board; however, authorized ☒ ☐ ☐ facility staff may open and inspect such mail only to search for contraband and in the presence of the youth; and, (d) incoming and outgoing mail, other than that described in (c), may be read by staff only when there is ☒ ☐ ☐ 1001.6 reasonable cause to believe facility safety and security, public safety, or youth safety is jeopardized. 1376 TELEPHONE ACCESS 1005 Youth Telephone Access The administrator of each juvenile facility shall develop ☒ ☐ ☐ and implement written policies and procedures to provide youth with access to telephone communications. 1377 ACCESS TO LEGAL SERVICES 603 Youth Access to Court and Counsel ☒ ☐ ☐ The facility administrator shall develop written procedures to ensure the right of youth to have access to the courts and legal services. Such access shall include: (a) access, upon request by the youth, to licensed attorneys and their authorized representatives; 603.3 Youth Access ☒ ☐ ☐ (b) provision for confidential consultation with attorneys; and, ☒ ☐ ☐ 603.3 ⁋ 1 603.4 Confidentiality (c) unlimited postage free, legal correspondence and cost-free telephone access as appropriate. 1001.4 Correspondence ☒ ☐ ☐ 1005.5 Telephone 7456 San Benito JH 18-20 - 48 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1390 DISCIPLINE The facility administrator shall develop and implement 600 Youth Discipline written policies and procedures for the discipline of 600.3.1 Youth Rules and Sanctions youth that shall promote acceptable behavior; including the use of positive behavior interventions and supports. 600.6 Bullet 20 Discipline shall be imposed at the least restrictive level The agency submitted the process for their which promotes the desired behavior and shall not Role Model Incentive Program, pointing to include corporal punishment, group punishment, the benefit of good behavior rather than physical or psychological degradation. Deprivation of the following is not permitted: ☒ ☐ ☐ emphasizing the sanctions for bad behavior. This pro-social model includes a point system for teamwork, leadership and accountability. Youth set positive examples and are rewarded with snacks, games, late bedtime and other positive tools to promote a positive program. There are five distinct levels, each allowing for increased incentives. (a) bed and bedding; ☒ ☐ ☐ 600.6 Bullet 13 (b) daily shower, access to drinking fountain, toilet and personal hygiene items, and clean clothing; ☒ ☐ ☐ 600.6 Bullet 7 (c) full nutrition; ☒ ☐ ☐ 600.6 Bullet 4 (d) contact with parent or attorney; ☒ ☐ ☐ 600.6 Bullet 6 and 18 (e) exercise; ☒ ☐ ☐ 600.6 Bullet 11 (f) medical services and counseling; ☒ ☐ ☐ 600.6 Bullet 15 and 19 7456 San Benito JH 18-20 - 49 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (g) religious services; ☒ ☐ ☐ 600.6 Bullet 19 (h) clean and sanitary living conditions; ☒ ☐ ☐ 600.6 Bullet 14 (i) the right to send and receive mail; ☒ ☐ ☐ 600.6 Bullet 5 (j) education; and, ☒ ☐ ☐ 600.6 Bullet 19 (k) rehabilitative programming. ☒ ☐ ☐ 600.6 Bullet 19 The facility administrator shall establish rules of conduct and disciplinary penalties to guide the conduct of youth. 600.4 Minor Rule Violations Such rules and penalties shall include both major violations and minor violations, be stated simply and 600.5 Major Rule Violations ☒ ☐ ☐ affirmatively, and be made available to all youth. 510 Limited English Proficiency Services Provision shall be made to provide accessible information to youth with disabilities, limited English proficiency, or limited literacy. 1391 DISCIPLINE PROCESS The facility administrator shall develop and implement 600.3 Due Process written policies and procedures for the administration ☒ ☐ ☐ There were no issues of Due Process in of discipline which shall include, but not be limited to: 2019. (a) designation of personnel authorized to impose discipline for violation of rules; ☒ ☐ ☐ 600.3 (a) (b) prohibiting discipline to be delegated to any youth; ☒ ☐ ☐ 600.6 Bullet 1 7456 San Benito JH 18-20 - 50 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (c) definition of major and minor rule violations and their consequences, and due process requirements; 600.4 Minor ☒ ☐ ☐ 600.5 Major 600.3.1 Youth Rules and Sanctions (d) trauma-informed approaches and positive behavior interventions; 600.3.1 ⁋ 1 ☒ ☐ ☒ (e) minor rule violations may be handled informally by counseling, advising the youth of expected conduct 600.4 Minor Rule Violations imposing a minor consequence. Discipline shall be ☒ ☐ ☐ accompanied by written documentation and a 600.8 Documentation policy of review and appeal to a supervisor; and, (f) major rule violations and the discipline process shall be documented and require the following: ☒ ☐ ☐ 600.5 Major Rule Violations (1) written notice of violation prior to a hearing; ☒ ☐ ☐ 600.5.3 ⁋ 1 (2) accommodations provided to youth with disabilities, limited literacy, and English ☒ ☐ ☐ 600.5.7 Staff Assistance language learners; (3) hearing by a person who is not a party to the incident; ☒ ☐ ☐ 600.5.4 ⁋ 1 (4) opportunity for the youth to be heard, present evidence and testimony; ☒ ☐ ☐ 600.5.4 ⁋ 2 (5) provision for youth to be assisted by staff in the hearing process; ☒ ☐ ☐ 600.5.7 7456 San Benito JH 18-20 - 51 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (6) provision for administrative review. ☒ ☐ ☐ 600.5.10 (g) violations that result in a removal from camp or commitment program, but not a return to court, will 600.7.1 follow the due process provisions in subsection (e) above. ☒ ☐ ☐ The agency has a policy on this regulation but does not have post-disposition commitments or a camp program. f 7456 San Benito JH 18-20 - 52 - J453 JUV PRO-Eff. 01-01-2019 REVIEW OF NON REGULATORY REQUIREMENTS GRANT FUNDING OR CODE REFERENCE YES NO N/A P/P REFERENCE - COMMENTS JUVENILE PROBATION AND CAMPS FUNDING (JPCF) (Camps Only) The programs/services identified on the JPCF – Camp Allocation Eligibility Form are being provided at the ☐ ☐ ☒ facility. (Refer to the JPCF Program Agreement, Attachment B) 208.5 WIC CONTACT BETWEEN PERSONS UNDER THE JUVENILE COURT AGES 19- 20 AND MINORS IN THE FACILITY The facility houses Juvenile Court Wards 19 years of ☐ ☒ ☐ age and older. The facility has been approved to hold persons under ☐ ☒ ☐ the juvenile court who are ages 19 through 21. The facility continues to comply with the requirements of 208.5 WIC (programming, capacity and security of ☐ ☐ ☒ the facility) as outlined in the county’s application. JUVENILE JUSTICE DELINQUENCY PREVENTION ACT MONITORING (JJDPA) WIC 206 SEPARATE FACILITIES FOR WIC 300 MINORS Dependent or neglected minors who are defined under ☐ ☐ ☒ Section 300 of the Welfare and Institutions Code Violation (WIC) are held only in non-secure, separate and segregated facilities. DETENTION OF STATUS OFFENDERS (WIC 601) AND FEDERAL MINORS ☐ ☒ ☐ Status Offenders (WIC 601) are held in the facility. Status Offenders (WIC 601) are kept separate from ☐ ☐ ☒ Juvenile Delinquents (WIC 602)? (WIC 207[d]). Violation Federal Minors (ICE Holds or ORR Contract) are held ☐ ☐ ☒ in the facility. If yes to the above, the Monthly Report on the Detention of Status Offenders/Federal Minors is ☐ ☐ ☒ submitted to the BSCC. WIC 208 SEPARATION OF MINORS AND ADULT INMATES (JJDPA 42 USC 5633, Sec 223, State Plans (a)[12]) Are adult inmates held in the facility? (When a person ☐ ☒ ☐ in detention is proceeding through the adult court, AND that person is 18 years of age or older that person is an adult inmate.) If adult inmates are held, they are appropriately ☐ ☐ ☒ separated from minors. Violation Adult inmates from an adult facility (e.g. inmate workers or “Scared Straight” programs) are not allowed ☐ ☐ ☒ in the facility in a manner that allows contact with Violation minors. 7456 San Benito JH 18-20 - 53 - J453 JUV PRO-Eff. 01-01-2019 JUVENILE HALLS, SPECIAL PURPOSE JUVENILE HALLS AND CAMPS PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: Pre-1998* BSCC Code: 7456 FACILITY NAME: San Benito Juvenile Hall FACILITY TYPE: JH CONSTRUCTION/REMODEL DATE(S): 1992 IDENTIFY FACILITY PHYSICAL PLANT MODIFICATIONS SINCE 1992: None FIELD REPRESENTATIVE: Elizabeth Gong DATE: June 18, 2020 TITLE 24 SECTION YES NO N/A COMMENTS RECEPTION AREA (JH) X Holding Rooms: Contain 15 square feet per minor; Have sufficient seating to accommodate the rated X capacity based on floor space; Provide access to water closets and wash basins at a X ratio of a 1:8; and Provide access to drinking fountain. X Provide access to telephone. X Provide access to private room(s) for interviews. X MEDICAL EXAM SPACE (JH & CAMP) The facility has 72 sq. ft. of dedicated medical space. Space or room(s) afford privacy, are equipped to carry out X routine examinations and emergency care and have sufficient locked storage space for medical supplies. CAPACITY (CAMP) The maximum number of minors does not exceed 100 X unless there is a certificate of compliance to expand capacity up to 125 minors (WIC § 886 and 886.5). LIVING UNITS (JH AND SPJH) X Living units are designed to accommodate no more than 30 minors and contain: Showers at a ratio of 1:6; X Washbasins at a ratio of 1:6; X Water closets at a ratio of 1:6 or water closet and one X urinal for every 15 boys; and, Access to a drinking fountain by minors and staff. X Doors of each sleeping room have a view panel (maximum of 144 square inches of shatter-proof glass or plastic X materials) that allows the visual supervision of all parts of the room. Hallways in the detention living units are at least eight feet wide. If rooms are located on only one side, or if room X doors are staggered, hallways are at least six feet wide. SINGLE ROOMS (JH, SPJH & CAMP) Two single rooms are handicapped equipped. X Contain a minimum of 500 cubic feet of air space and 63 cubic feet of floor space. *Regulations on this checklist are from the Pre-1998 Title 15 Sections 4272/4315.3(Juvenile Halls & Special Purpose Juvenile Halls) and 4323 (Camps & Ranches). 7456 San Benito JH PHY 18-20 - 1 - J455 PHY Pre-98.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS DOUBLE ROOMS (JH, SPJH & CAMP) X Contain a minimum of 800 cubic feet of airspace and 100 square feet of floor space. DORMITORY SLEEPING AREAS (JH & CAMP) X Contain a minimum of 400 cubic feet of airspace and 50 square feet of floor space per minor. LOCKED SLEEPING ROOMS (JH, SPJH & CAMP) Contain an individual or combination drinking fountain, X wash basin and toilet, unless a communication system or procedure is in effect to give minor immediate access to these fixtures. PLUMBING FIXTURES (CAMP) The following plumbing fixtures are adjacent to each X sleeping area: Shower or bathtub at a ratio of 1:6; Washbasins at a ratio of 1:10; X Access to toilets at a ratio of 1:10 or toilet and one X urinal for every 15 boys; and, Access to a drinking fountain. X BEDS AND MATTRESSES (JH, SPJH & CAMP) Beds and mattresses are: X A least 30 inches wide and 76 inches long; Spaced at least 36 inches apart and at least 12 inches off X the floor; and, Mattresses are made of a fire retardant material. X INTERVIEW ROOMS (JH, SPJH & CAMP) X There is one interview room for each detention unit in juvenile halls and special purpose juvenile halls. There is a private room suitably equipped for conferences X and interviews in each camp. LIGHTING (JH, SPJH & CAMP) There are at least 50 foot candles of illumination at desk X level and, at night, there is a maximum illumination of two foot candles at bed level in individual and multiple occupancy rooms. ACADEMIC CLASSROOM (JH & CAMP) The classroom is rated to hold up to 20 students as the square footage met the requirements for the pre- Each classroom contains a minimum of 160 square feet with 1998 standards. The classroom has sufficient a teacher's desk and work area, and a minimum of 28 square X student seats but lacks the required 160’ for the feet per student. Classrooms should be designed for no teacher. more than 15 students. 98: Designed for no more than 20 students DINING SPACE (JH & CAMP) The dayroom is used for dining. X There is a minimum of 15 square feet of space for each person being fed at any given time. *Regulations on this checklist are from the Pre-1998 Title 15 Sections 4272/4315.3(Juvenile Halls & Special Purpose Juvenile Halls) and 4323 (Camps & Ranches). 7456 San Benito JH PHY 18-20 - 2 - J455 PHY Pre-98.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS PHYSICAL ACTIVITY SPACE (JH & CAMP) (See 2001 regulations for revised calculations.) There is indoor space consisting of at least 30 square feet of X clear space for each minor, which may be included in a day room, a recreational building, or a multipurpose space (gymnasium). There is outdoor and/or multipurpose (gymnasium) space consisting of: X No less than the equivalent of 90' X 100' outdoor and /or multipurpose space (gymnasium) for a facility with a capacity of 40 or less. No less than the equivalent of 90' X 100' hardtop area and 260 X 260' field area and/or multipurpose space (gymnasium) for a camp with a capacity of more than X 40, and a juvenile hall with a capacity between 41 to 100 minors. No less than the equivalent of two 90' X 100' hardtop area and 260 X 260' field area and/or multipurpose space (gymnasium) for a camp with a capacity of more X than 40 and a juvenile hall with a capacity in excess of 101 minors. Lighting is adequate for security and evening recreational X activities in camps. STORAGE SPACE (JH, SPJH & CAMP) There is limited storage space in the facility, however, this is not a compliance issue based on Each minor is provided 9 cubic feet of secure storage space X the age of facility and BSCC inspection for personal clothing and belongings. requirements. There is ample storage outside the perimeter of the facility. Camps shall have adequate space (12 square feet of floor area is recommended) for bulk and activity storage X equipment. MULTIPURPOSE SPACE OR ROOM (SPJH) There is a multipurpose space or room that provides space X for reception, dining, recreation, exercise and/or education. This room contains a minimum of: 30 square feet of clear floor space per minor in the X room; 10 feet by 20 feet floor dimensions; and, X 1600 cubic feet of air space with a minimum ceiling X height of eight feet. SPECIAL PURPOSE JH EXEMPTIONS SPJHs are exempt from the following Pre-1998 Title 15 regulations: X Section 4272(b) Medical exam rooms Section 4272(m) Academic classrooms Section 4272(n) Dining space Section 4272(o) Physical activities space *Regulations on this checklist are from the Pre-1998 Title 15 Sections 4272/4315.3(Juvenile Halls & Special Purpose Juvenile Halls) and 4323 (Camps & Ranches). 7456 San Benito JH PHY 18-20 - 3 - J455 PHY Pre-98.dot (03/01) BOARD OF STATE AND COMMUNITY CORRECTIONS JUVENILE HALLS, SPECIAL PURPOSE HALLS AND CAMPS LIVING AREA SPACE EVALUATION BSCC Code: 7456 FACILITY: San Benito Juvenile Hall TYPE: JH RC: 201 FIELD REPRESENTATIVE: Elizabeth Gong DATE: June 18, 2020 ROOMS EACH ROOM Unit Room Applicable # Each Room Total Size (L x W x H) or FIXTURES* COMMENTS Designation Type Standards Rooms # Beds RC RC Square/Cubic Feet T U W F S Dayroom Pre-98 1 43’ X 37’ = 1,591 1 Single Pre-98 2 1 1 2 11’ X 9’4” = 101 1 1 1 (ADA) Double Pre-98 13 2 2 26 12’ X 8’8” = 103 1 1 1 Showers Pre-98 4 4 Intake Pre-98 1 1 1 1 Holding Pre-98 1 0 0 0 8’ X 8’2” = 65 Transition Room School Pre-98 1 (20) 26’6” X 21’6” = The classroom is rated for 20 students. 567 Courtyard Pre-98 95’ X 100’ = 9,500 1 2004-2006: Upon assumption of inspection responsibilities and after consultation with the County, the Board of Corrections set the rated capacity at 20. The RC of 20 minors is based in part on the limitations of the classroom. *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. 7456 San Benito JH LAS 18-20 - 1 - J460 LAS JUV.dot (9/98)