San Bernardino County, Chino Police Department (2020-2022 inspection cycle)

August 20, 2021 Wesley Simmons, Chief of Police Chino Police Department 5450 Guardian Way Chino, CA 91710 2020-2022 BIENNIAL INSPECTION PURSUANT TO PENAL CODE 6031 Dear Chief Simmons, On June 25, 2021, staff of the Board of State and Community Corrections (BSCC) conducted the 2020- 2022 biennial inspection of the Chino Police Department’s Temporary Holding Facility. A pre-inspection briefing was held on April 15, 2021. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation outlining Title 24 requirements for design; and a Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facility. Each of the local inspections were current with no corrective action. Fire and Life Safety March 30, 2021 Medical and Mental Health February 11. 2020 Nutritional Health February 11. 2020 Environmental Health February 11. 2020 Chief Simmons Page 2 BSCC INSPECTION Title 15, CCR Evaluation The inspection consisted of a review of the Chino Police Department’s Lexipol Policy Manual, the Temporary Holding Facility Policy and Procedure Manual, and a site visit to review operations, the physical plant and other relevant facility documentation. Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 We found no areas of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant since the last BSCC biennial inspection. We found no areas of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. Minors may be held in both secure detention and in non-secure detention. Minors may be held securely in the facility jail cells; however, this did not occur. We found that all minors were held in non-secure detention in 2020 and through June 2021. We found one violation in that one youth was held in non-secure detention over 6 hours as he was questioned by a neighboring law enforcement agency after Chino Police Departments’ detention as opposed to transporting the youth to their jurisdiction for questioning. The youth was transported to the Juvenile Hall. This incident was reported by Chino Police Department. This concludes the 2020-2022 biennial inspection cycle report of the temporary holding facility. We would like to express our gratitude to Sergeant Jason Cloke and look forward to working together in the future. If you have any questions, please contact me at (916) 322-1638 or email at lisa.southwell@bscc.ca.gov. Sincerely, Lisa Southwell Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Chino* City Council Chair, City of Chino* Grand Jury Foreperson, County of San Bernardino* Presiding Judge, County of San Bernardino* *Complete copies of this inspection are available upon request and at www.bscc.ca.gov 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 4367 San Bernardino Chino PD LTR THJ 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4367 FACILITY NAME: FACILITY TYPE: Chino Police Department (CPD) THJ PERSON(S) INTERVIEWED: Sergeant Jason Cloke FIELD REPRESENTATIVE: DATE: Lisa Southwell June 25, 2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Temporary Holding Facility Operations Manual HOLDING FACILITY TRAINING (THFOM) Page 6 and Chino PD Policy Manual 2019 Section 900.2.2: Training of Staff Assigned Custody Responsibilities Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: All officers except for those on leave have been (a) applicable minimum jail standards; trained. Officers who were not yet trained, were (b) jail operations liability; ☒ ☐ ☐ scheduled for a make up course and were directed not to be in the THJ unattended with a (c) inmate segregation; prisoner until their training has been completed. (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in Temporary Holding Facility Operations Manual any event not more than six months after the date of assigned (THFOM) Page 6 and Chino PD Policy Manual responsibility, or the effective date of this regulation. 2019 Section 900.2.2: Training of Staff Assigned Successful completion of Core training or supplemental ☒ ☐ ☐ Custody Responsibilities Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of See above note. training. Eight hours of refresher training shall be completed once Temporary Holding Facility Operations Manual every two years. Successful completion of the requirements (THFOM) Page 6 and Chino PD Policy Manual in Section 1025, Continuing Professional Training may be 2019 Section 900.2.2: Training of Staff Assigned ☒ ☐ ☐ substituted for the eight hour refresher. Custody Responsibilities See above note. 1027 NUMBER OF PERSONNEL A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 4367 San Bernardino Chino PD PRO THJ 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at Temporary Holding Facility Operations Manual least one employee on duty at all times in a local detention (THFOM) Page 21 and Chino PD Policy facility or in the building which houses a local detention Manual Section 900.3.2: Supervision in facility who shall be immediately available and accessible to Temporary Custody ☒ ☐ ☐ inmates in the event of an emergency. Prisoners are never left alone. Officers are required to remain with the prisoner in the holding facility. Such an employee shall not have any other duties which Temporary Holding Facility Operations Manual would conflict with the supervision and care of inmates in (THFOM) Page 21 and Chino PD Policy Manual ☒ ☐ ☐ the event of an emergency. Section 900.3.2: Supervision in Temporary Custody Whenever one or more female inmates are in custody, there Temporary Holding Facility Operations Manual shall be at least one female employee who shall be (THFOM) Page 21 and Chino PD Policy immediately available and accessible to such females. Manual Section 900.3.2: Supervision in Note: Reference PC§ 4021. Temporary Custody There have been only a few female prisoners brought into the holding facility. By policy and practice, if a female staff member is not available, the female in custody is transported directly to either County Jail, to another facility ☒ ☐ ☐ or released. The facility administrator identified through a self-audit prior to our onsite inspection, that this information was not clear on the documentation and immediately corrected the booking forms. The facility training unit issued a training memo to all staff and ensured this information (change of form and information) was provided to all officers. To determine if there is a sufficient number of personnel for Temporary Holding Facility Operations Manual a specific facility, the facility administrator shall prepare and (THFOM) Page 21 and Chino PD Policy retain a staffing plan indicating the personnel assigned in the Manual Section 900.3.3: Staffing Plan facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial Facility rosters provided and reviewed. inspection. The results of such a review and Staffing appears appropriate. recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS Chino PD Policy Manual Section 900.8(e): Holding Cells Safety checks shall be conducted at least hourly through ☒ ☐ ☐ direct visual observation of all inmates. There shall be no The agency requires all safety checks to be more than a 60-minute lapse between safety checks. completed at least every 30 minutes which exceeds regulation requirements. 4367 San Bernardino Chino PD PRO THJ 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS There is a written plan that includes the documentation of Chino PD Policy Manual Section 900.8(e): routine safety checks. Holding Cells All prisoners are processed in the THF. Safety checks are logged on the Classification/Screening Log sheet for each prisoner once placed in a cell or secured to a cuffing fixture. 10 safety check logs were ☒ ☐ ☐ reviewed with an additional 4 logs pulled randomly to ensure compliance with regulation. There were a few technical discrepancies noted; however, the facility Sergeant had proactively addressed this prior to our arrival. Additional samples were requested which showed no additional discrepancies after correction. 1028 FIRE AND LIFE SAFETY STAFF Temporary Holding Facility Operations Manual (THFOM) Page 45 and Chino PD Policy Manual Section 900.3.3: Staffing Plan Whenever there is an inmate in custody, there shall be at least one person on duty at all times who meets the training ☒ ☐ ☐ standards established by the BSCC for general fire and life All personnel are trained in Fire and Life Safety. safety. (Penal Code section 6030[e]) New officers not yet trained are not responsible for prisoners until they have been trained. The facility manager shall ensure that there is at least one Chino PD Policy Manual Section 900.3.3: person on duty who trained in fire and life safety procedures ☒ ☐ ☐ Staffing Plan that relate specifically to the facility. 4367 San Bernardino Chino PD PRO THJ 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Chino Police Department provided their Policy Manual and their Temporary Holding Facility Operations Manual (THFOM) which includes Facility administrator(s) shall develop and publish a manual procedures and practices for their Minors in of policy and procedures for the facility. The policy and Detention Policies for our review. The manuals procedures manual shall address all applicable Title 15 and were last reviewed by their facility Title 24 regulations and shall be comprehensively reviewed administrator in April 2021. and updated at least every two years. Such a manual shall be made available to all employees. Policy cites were found to be in the THFOM. the Lexipol Policy or in both. The documents The policies and procedures required in subsections (a)(6) were not reviewed to determine consistency nor and (a)(7) may be placed in a separate manual to ensure were they reviewed in their entirety. Only the confidentiality. Subsections c and d do not apply and have sections of Title 15 relative to the inspection been deleted. were reviewed. (a) The manual for Temporary Holding, Type I, II, and III At inspection, we found the two documents to facilities shall provide for, but not be limited to, the be inconsistent in some areas but specifically following: ☒ ☐ ☐ regarding the Minors in Detention policies. The THFOM contains required regulation direction, but it was noted that the Lexipol policy, which was compliant previously, had lost all updates when reviewed in June. The facility administrator corrected the policy, sent the updates to staff, and provided documentation and notification to the BSCC. This issue has been resolved. Both documents are available to all staff. All updates are received electronically. Officers present at the time of the inspection confirmed this information and noted that all updates are provide via email and officers are expected to review the updates and familiarize themselves with the material. (1) Table of organization, including channels of Temporary Holding Facility Operations Manual communications. (THFOM) Page 7 and Chino PD Policy Manual Section 900.1.8: Chain of Communication ☒ ☐ ☐ There is a table of contents in both the THFOM and in the Lexipol manual. (2) Inspections and operations reviews by the facility Temporary Holding Facility Operations Manual administrator/manager. (THFOM) Page 7 and Chino PD Policy Manual Section 900.5.1: Temporary Custody Logs The Watch Commander makes periodic checks throughout the shift to ensure all log entries and ☒ ☐ ☐ safety checks are completed timely. The facility administrator reviews the documentation to ensure compliance with regulation. Entry logs/safety check documentation were found to have supervisor sign off each day. (3) Policy on the use of force. Chino PD Policy THFOM: Use of Force and ☒ ☐ ☐ Restraint Equipment Page 22 and Chino PD Policy Manual Section300: Use of Force 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4367 San Bernardino Chino PD PRO THJ 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) Policy on the use of restraint equipment, including the Chino PD Policy THFOM: Use of Force and restraint of pregnant inmates as referenced in Penal Code Restraint Equipment Page 22 and Chino PD Section 3407. ☒ ☐ ☐ Policy Manual Sections 307: Use of Restraint Chair, 900.9.1: Security, 900.3.6: Handcuffing of Pregnant Arrestees (5) Procedure and criteria for screening newly received Chino PD Policy THFOM: Legal Parameters for inmates for release per Penal Code sections 849(b)(2) and Cite Release Page 52 and Chino PD Policy ☒ ☐ ☐ 853.6, and any other such processes as the facility Manual Sections 900. 1.4: Detainable Prisoners administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, Chino PD Policy THFOM: Population Accounting Page 25 and Chino PD Policy Manual Section 900.5.1 Temporary Custody Logs All prisoners who are held in the facility are ☒ ☐ ☐ documented upon entry. Documentation of active prisoners is kept in the in-custody tray to ensure an accurate count. Upon release, the documentation is moved to closed files. At the time of the onsite inspection, there were no prisoners in the facility. (B) searches of the facility and inmates, Chino PD Policy THFOM: Searches (902) and Chino PD Policy Manual Section 900.7: Personal Property and 900.8: Holding Cells Per facility administration, each prisoner is searched at booking before placing them in the ☒ ☐ ☐ holding cell. Cell Searches are conducted before and after a person is placed in a cell. Prisoner property is searched and inventoried before storing. This was not confirmed as there were no prisoners in the facility at the time of the onsite inspection. (C) contraband control, and, Chino PD Policy THFOM: Booking of Prisoners and Chino PD Policy Manual Section 900.8: Holding Cells ☒ ☐ ☐ Contraband is controlled through searches of all prisoners at booking and of the cells before and after use. (D) key control. Chino PD Policy THFOM: Key Control and ☒ ☐ ☐ Chino PD Policy Manual Section 900.9.1: Security Each facility administrator shall, at least annually, review, Security review completed on October 21, 2020 evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: See Section 1032 (A) fire suppression preplan as required by section ☐ ☐ ☒ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; Chino PD Policy THFOM: Escapes, Hostage ☒ ☐ ☐ Situations and Civil Disturbances, page 61 (C) mass arrests; Chino PD Policy THFOM: Group Arrests ☒ ☐ ☐ Exceeding Holding Facility Capacity, page 61 4367 San Bernardino Chino PD PRO THJ 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) natural disasters; Chino PD Policy Manual Section 900.6.5: ☒ ☐ ☐ Citywide or Regional Disasters and THFOM: Citywide or Regional Disasters, page 61 (E) periodic testing of emergency equipment; and, Chino PD Policy THFOM: Alarm Test ☒ ☐ ☐ Procedure, page 69 (F) storage, issue, and use of weapons, ammunition, Chino PD Policy Manual Section 900.9.1: ☒ ☐ ☐ chemical agents, and related security devices. Security (8) Suicide Prevention. ☐ ☐ ☒ See Section 1030 (9) Segregation of Inmates. Chino PD Policy THFOM: Segregation, page ☒ ☐ ☐ 18 (10) Zero tolerance in the prevention of sexual abuse and Chino PD Policy THFOM: Segregation, page 18 sexual harassment. and Prison Rape Elimination Act, page 86. ☒ ☐ ☐ Chino PD Policy Manual Section 903 Prison Rape Elimination (11) Policy and procedure to detect, prevent, and respond Chino PD Policy THFOM: Segregation, page 18 to retaliation against any staff or inmate after reporting and Prison Rape Elimination Act, page 86. any abuse. ☒ ☐ ☐ Chino PD Policy Manual Section 903 Prison Rape Elimination (e) The manual for Temporary Holding, Court Holding, Chino PD Policy THFOM: Segregation, page Type I, II, III, and IV facilities shall provide for, but not be 18 and Prison Rape Elimination Act, page 86. limited to, the following: (1) multiple internal ways for inmates to privately report Information on how to report is on the Agency sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ website and has been posted in the facility. inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, Chino PD Policy THFOM: Segregation, page community members, and other interested third-parties 18 and Prison Rape Elimination Act, page 86. to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the Information on how to report is on the Agency facility. website. 1030 SUICIDE PREVENTION PROGRAM Chino PD Policy THFOM: Suicide Recognition and Prevention, page 48 The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ There were no prisoners in custody at the time of in conjunction with the health authority and mental health the onsite inspection. director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct Chino PD Policy Manual 2019 Section 900.2.2: contact with inmates. Training of Staff Assigned Custody Responsibilities’ ☒ ☐ ☐ Staff are trained in suicide prevention training as part of their initial and ongoing training. (b) Intake screening for suicide risk immediately upon Chino PD Policy Manual Section 900.4: intake and prior to housing assignment. Initiating Temporary Custody ☒ ☐ ☐ 10 screening forms were reviewed with an additional 4 pulled randomly to ensure compliance with regulation. All were found to be completed. 4367 San Bernardino Chino PD PRO THJ 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Provisions facilitating communication among Chino PD Policy Manual Section 900.4: arresting/transporting officers, facility staff, medical and Initiating Temporary Custody mental health personnel in relation to suicide risk. Per the facility administrator, if different, the receiving officer, will question the arresting officer regarding suicide risk factors or other ☒ ☐ ☐ critical medical issues or any other prisoner safety issue. There were no prisoners or officers in the holding facility at the time of the walk through to interview. (d) Housing recommendations for inmates at risk of suicide. Chino PD Policy Manual Section 900.4: Initiating Temporary Custody ☒ ☐ ☐ Per the facility administrator, if determined to be a suicide risk, the facility Watch Commander is notified and decides if an immediate transfer to county jail is appropriate. (e) Supervision depending on level of suicide risk. Chino PD Policy Manual Section 900.3.1(d)1: Individuals Who Shall Not Be in Custody Per the facility administrator, if a prisoner is ☒ ☐ ☐ found to be at risk of suicide, the officer must provide a continuous direct supervision until they are evaluated, released or transported to County Jail or a medical facility. (f) Suicide attempt and suicide intervention policies and Chino PD Policy THFOM: Suicide Recognition procedures. ☒ ☐ ☐ and Prevention, page 48 and Chino PD Policy Manual Section 900.8: Holding Cells and (g) Provisions for reporting suicides and suicides attempts. Chino PD Policy THFOM: Suicide/Suicide ☒ ☐ ☐ Attempts and Reporting, page 48 (h) Multi-disciplinary administrative review of suicides and Chino PD Policy THFOM: Suicide Attempts and attempted suicides as defined by the facility ☒ ☐ ☐ Reporting, page 48 administrator. 1032 FIRE SUPPRESSION PREPLANNING Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire Fire suppression Pre-Planning was completed department to be included as part of the policy and procedures with Chino Valley Fire Department, Edmund ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section Quitevis. 1029); (b) regular fire prevention inspections by facility staff on a The jail is inspected monthly to ensure all safety monthly basis with two-year retention of the inspection measures are in place to include fire and life ☒ ☐ ☐ record; safety. All documentation has been retained and was provided for our review. (c) fire prevention inspections as required by Health and Chino PD Policy THFOM: Fire and Evacuation Safety Code Section 13146.1(a) and (b) which requires Procedures, page 62 inspections at least once every two years; ☒ ☐ ☐ Fire Inspection completed by Chino Valley Fire on March 30, 2021. 4367 San Bernardino Chino PD PRO THJ 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) an evacuation plan; and, Chino PD Policy THFOM: Fire and Evacuation Procedures, page 62 and Chino PD Policy ☒ ☐ ☐ Manual Section 900.6: Evacuation of Temporary Holding Facility (e) a plan for the emergency housing of inmates in the case of Chino PD Policy THFOM: Fire and Evacuation fire. Procedures, page 62 ☒ ☐ ☐ In the event the facility becomes nonoperational due to fire, all prisoners will be transferred to the County Jail. 1044 INCIDENT REPORTS Chino PD Policy THFOM: Incident Reports, page 59 and Chino PD Policy Manual Section 900.3.7: Reporting Physical Harm or Serious Each facility administrator shall develop written policies and Threat of Physical Harm procedures for the maintenance of written records and reporting of all incidents which result in physical harm, or ☒ ☐ ☐ serious threat of physical harm, to an employee or inmate of There were no incident reports to review for the a detention facility or other person. current cycle. If a report were to be written, the report would be attached to and stored with the crime report. Such records shall include the names of the persons Chino PD Policy THFOM: Incident Reports, involved, a description of the incident, the actions taken, and ☒ ☐ ☐ page 59 the date and time of the occurrence. Such a written record shall be prepared by the staff assigned Chino PD Policy THFOM: Incident Reports, to investigate the incident and submitted to the facility ☒ ☐ ☐ page 59 manager or his/her designee. 1046 DEATH IN CUSTODY Chino PD Policy THFOM: Death of Prisoners, page 64 (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of Chino PD Policy THFOM: Death of Prisoners, clinical care; whether changes to policies, procedures, or page 64 ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor Chino PD Policy THFOM: Suicide Attempt, In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Death or Serious Injury of a Juvenile, page 85 lockup, or court holding facility: (1) The administrator of the facility shall provide to the Chino PD Policy THFOM: Suicide Attempt, Board a copy of the report submitted to the Attorney Death or Serious Injury of a Juvenile, page 85 General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the Chino PD Policy THFOM: Suicide Attempt, administrator, the Board may within 30 calendar days Death or Serious Injury of a Juvenile, page 85 inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 4367 San Bernardino Chino PD PRO THJ 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN Chino PD Policy THFOM: Prisoner Classification, page 12-14 (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written Prisoners who are booked into the THF are classification plan designed to properly assign inmates to screened. Those who are processed only, are not. housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, 10 random “Temporary Holding Facility physical or mental health needs, assaultive/non-assaultive Medical Screening, Classification, Observation behavior, risk of being sexually abused, or sexually harassed Log” documentation sheets were reviewed with and other criteria which will provide for the safety of the ☒ ☐ ☐ an additional 4 pulled randomly to ensure inmates and staff. Such housing unit assignment shall be compliance with regulation. All were completed accomplished to the extent possible within the limits of the as required and noted specific cell placements available number of distinct housing units or cells in a facility. and included notations if the prisoner felt safe. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area Chino PD Policy THFOM: Prisoner for male or female inmates, and in making other housing and Classification, page 13 programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ See note above. inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES Chino PD Policy THFOM: Medical Screening and Health Care Services, page 14-15, and Chino PD Policy Manual Section 900.4: The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Initiating Temporary Custody procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. 4367 San Bernardino Chino PD PRO THJ 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be Chino PD Policy Manual Section 900.4: made of the person being booked as to whether or not he/she Initiating Temporary Custody has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or Prisoners who are booked into the THF are any other communicable diseases, or other special medical screened. Those who are being processed only problem identified by the health authority. The response are not. shall be noted on the booking form and/or screening device. 10 random “Temporary Holding Facility Medical Screening, Classification, Observation Log” documentation sheets were reviewed with an additional 4 pulled randomly to ensure compliance with regulation. All were completed as required noting responses to communicable diseases. ☒ ☐ ☐ The agency had specific policies consistent with the City of Chino’s Policies regarding COVID 19. The agency is now, as of the date of inspection, back to full operations. Prisoners were screened for COVID 19 symptoms and if found to be symptomatic, were provided with a surgical mask and transported to the County Jail. Full disinfection, PPE and all other health and safety protocols applied. If found to be without symptoms, they were provided with a mask and could be processed through the temporary holding facility. 1052 MENTALLY DISORDERED INMATES Chino PD Policy THFOM: Mandatory Transportation, page 11 and Mentally Disturbed, page 44 and Chino PD Policy The facility administrator, in cooperation with the Manual Section 900.3.1: Individuals Who responsible physician, shall develop written policies and Should Not be in Custody procedures to identify and evaluate all mentally disordered ☒ ☐ ☐ inmates, and may include telehealth. Per the facility administrator, prisoners who are mentally ill or who are a threat to themselves or others, are transported directly to County Jail or hospital. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☐ ☐ ☒ the inmate or others. 4367 San Bernardino Chino PD PRO THJ 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION Chino PD Policy THFOM: Mandatory Transportation, page 11 and Chino PD Policy Manual Section 900.3.1: Individuals Who Except in Type IV facilities, each facility administrator shall Should Not be in Custody develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that Per the facility administrator, prisoners who is criminal in nature or disruptive to facility operations; need to be segregated from other prisoners are demonstrate influence over other inmates, including transported to County Jail. influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL There is no safety cell in the facility. The remainder of the section is marked as NA The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 4367 San Bernardino Chino PD PRO THJ 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL There is no sobering cell in the facility. The remainder of the section is marked as NA. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED Chino PD Policy THFOM: Mandatory INMATES Transportation, page 11 and Chino PD Policy Manual Section 900.3.1: Individuals Who Should Not be in Custody The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate Per the facility administrator, prisoners who classification and housing, protection, and appears to be developmentally disabled are nondiscrimination of all developmentally disabled inmates. immediately transported to the County Jail. The health authority or designee shall contact the regional This practice generally occurs once the prisoner center on any inmate suspected or confirmed to be is booked into the County Jail. THJ’s seldom developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ have a health authority. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES Chino PD Policy THFOM: Detention Facility Security, page 21 and Use of Force and Restraint Equipment page 22 and Chino PD Policy The facility administrator, in cooperation with the Manual Section responsible physician, shall develop written policies and procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible Per the facility administrator, agency staff only health care staff. use restraints inside the facility for the purposes ☒ ☐ ☐ of security and transportation and not for the purpose of this section. If a prisoner needs restraint pursuant to this section, he or she would be transported to the county jail. There was no documentation for this section to view. The remainder of the section is marked as NA In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; 4367 San Bernardino Chino PD PRO THJ 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES Chino PD Policy THFOM: Use of Force and Restraint Equipment, page 22-23 The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after Chino PD Policy THFOM: Use of Force and delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ Restraint Equipment, page 22-23 waist chains, or handcuffs behind the body. 4367 San Bernardino Chino PD PRO THJ 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) A pregnant inmate in labor, during delivery, or in Chino PD Policy THFOM: Use of Force and recovery after delivery, shall not be restrained by the Restraint Equipment, page 22-23 ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional Chino PD Policy THFOM: Use of Force and who is currently responsible for the medical care of a Restraint Equipment, page 22-23 pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she Chino PD Policy THFOM: Use of Force and shall be advised, orally or in writing, of the standards ☒ ☐ ☐ Restraint Equipment, page 22-23 and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE Chino PD Policy THFOM: Booking of Prisoners, page 33 and Chino PD Policy Manual Section 900.7.1: Telephone Call Procedures, The facility administrator shall develop written policies and ☒ ☐ ☐ 900.7.2: On-going Telephone Access procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL Chino PD Policy THFOM: Counsel and Court Access page 40 and Chino PD Policy Manual Section 900.9.5: Attorneys and Bail Bondsmen The facility administrator shall develop written policies and procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: ☒ ☐ ☐ All persons coming into the facility are either released or transported to the County Jail or hospital within 6 hours. Attorneys would be allowed to see their client if they came to see their client while being temporarily held. (a) unlimited mail as provided in Section 1063 of these Unlimited mail does not apply to Temporary ☐ ☐ ☒ regulations, and, Holding Facilities. (b) confidential consultation with attorneys. Chino PD Policy Manual Section 900.7.1: Telephone Calls ☒ ☐ ☐ Per the facility administrator, prisoners have open access to telephones in which to contact their attorneys and may consult with them confidentially. 1080 RULES AND DISCIPLINARY PENALTIES Chino PD Policy THFOM: Inmate Discipline page 41 and Chino PD Policy Manual Section 900.9.10: Discipline Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Per the facility administrator, if an individual’s ☐ ☐ ☒ behavior necessitates disciplinary action, he or she will be immediately transported to the County Jail. Discipline will not be administered to any individual in custody. This entire section is marked as NA Such rules and disciplinary penalties shall be stated simply and affirmatively, and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 4367 San Bernardino Chino PD PRO THJ 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR INMATE DISCIPLINE Chino PD Policy THFOM: Inmate Discipline page 41 and Chino PD Policy Manual Section 900.9.10: Discipline If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Discipline will not be administered to any individual in custody. This entire section is marked as NA. Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 4367 San Bernardino Chino PD PRO THJ 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The inmate shall be advised in a written statement by the fact-finders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE Chino PD Policy THFOM: Inmate Discipline page 41 and Chino PD Policy Manual Section 900.9.10: Discipline The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, Discipline will not be administered to any but not be limited to, the following: individual in custody. This entire section is (a) Loss of privileges. marked as NA. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY Chino PD Policy THFOM: Inmate Discipline ACTIONS page 41 and Chino PD Policy Manual Section 900.9.10: Discipline The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, Discipline will not be administered to any there shall be the following limitations: individual in custody. This entire section is (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ marked as NA. consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 4367 San Bernardino Chino PD PRO THJ 20-22 - 16 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☐ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Chino PD Policy THFOM: Inmate Discipline page 41 and Chino PD Policy Manual Section 900.9.10: Discipline Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining Discipline is not administered to any individual copies of rule violation reports and report of the disposition in custody. This entire section is marked as NA. of each. 1280 FACILITY SANITATION, SAFETY, AND Chino PD Policy THFOM: Facility Maintenance MAINTENANCE and Sanitation, pg. 68 The facility administrator shall develop written policies and Each day, the Watch Commander checks the procedures for the maintenance of an acceptable level of facility for cleanliness and to ensure the facility cleanliness, repair and safety throughout the facility. Such a ☒ ☐ ☐ is functioning as it should. Maintenance slips are plan shall provide for a regular schedule of housekeeping placed as necessary. Janitorial services are tasks and inspections to identify and correct unsanitary or provided 3x a week for deep cleaning. The unsafe conditions or work practices which may be found. facility administrator reviews the maintenance and sanitation logs monthly to ensure the Watch Commanders are checking daily. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act ☒ ☐ (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders 4367 San Bernardino Chino PD PRO THJ 20-22 - 17 - A351 TH PRO eff. 1/2019 (20-22).dot (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☒ ☐ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A Chino PD Policy THFOM: Medical Assistance MINOR IN AN ADULT DETENTION Pg. 83, Suicide Attempt, Death or Serious Injury FACILITY of a Juvenile pg. 85 and Chino PD Policy Manual Section 324.10: Suicide Attempt, Death, or Serious Injury of a Juvenile ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies and ☐ ☐ ☒ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; Chino PD Policy THFOM: Juveniles Who Should Not Be Held Pg. 72, Suicide Attempt, Death or Serious Injury of a Juvenile pg. 85 and ☒ ☐ ☐ Chino PD Policy Manual Section 324.3.2: Suicide Prevention of Juveniles in Custody (b) use of restraints; Chino PD Policy THFOM: Juveniles Who Should Not Be Held Pg. 72 and Chino PD Policy ☒ ☐ ☐ Manual Section 324.4.4: Use of Restraint Devices (c) emergency medical assistance and services; and, Chino PD Policy THFOM: Medical Assistance Pg. 83 and Chino PD Policy Manual Section ☒ ☐ ☐ 324.3.1: Emergency Medical Care of Juveniles in Custody (d) prohibiting use of discipline. Chino PD Policy THFOM: Temporary Custody Requirements pg. 80 and Chino PD Policy ☒ ☐ ☐ Manual Section 324.4(o): Temporary Custody Requirements 4367 San Bernardino Chino PD PRO THJ 20-22 - 18 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1143 CARE OF MINORS IN TEMPORARY CUSTODY ☐ ☐ ☒ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; Chino PD Policy THFOM: Temporary Custody Requirements pg. 79 and Chino PD Policy ☒ ☐ ☐ Manual Section 324.4.e: Temporary Custody Requirements (2) one snack upon request during term of temporary Chino PD Policy THFOM: Temporary Custody custody if the minor has not eaten within the past four (4) Requirements pg. 79 and Chino PD Policy ☒ ☐ ☐ hours or is otherwise in need of nourishment; Manual Section 324.4.f: Temporary Custody Requirements (3) access to drinking water; and, Chino PD Policy THFOM: Temporary Custody Requirements pg. 79 and Chino PD Policy ☒ ☐ ☐ Manual Section 324.4.g: Temporary Custody Requirements (4) privacy during consultation with family, guardian, Chino PD Policy THFOM: Temporary Custody and/or lawyer. Requirements pg. 79 and Chino PD Policy ☒ ☐ ☐ Manual Section 324.4.i: Temporary Custody Requirements (5) blankets and clothing, as necessary, to assure the Chino PD Policy THFOM: Temporary Custody comfort of the minor; and, Requirements pg. 79 and Chino PD Policy ☒ ☐ ☐ Manual Section 324.4.j and k: Temporary Custody Requirements (6) his or her personal clothing unless the clothing is Chino PD Policy THFOM: Temporary Custody inadequate, presents a health or safety problem, or is Requirements pg. 79 and Chino PD Policy ☒ ☐ ☐ required to be utilized as evidence of an offense. Manual Section 324.4.j: Temporary Custody Requirements 1144 CONTACT BETWEEN MINORS AND ADULT PRISONERS ☐ ☐ ☒ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, Chino PD Policy THFOM: No-Contact such as booking or facility movement, facility staff (trained Requirements pg. 78 and Chino PD Policy in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ Manual Section 324.4.2: No-Contact by-side presence with the minor or the adult to prevent Requirements sustained contact. 4367 San Bernardino Chino PD PRO THJ 20-22 - 19 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1145 DECISION ON SECURE CUSTODY Chino PD Policy THFOM: Securing Juveniles Within the Temporary Holding Facility pg. 75, Chino PD Policy THFOM: Secure Custody pg. A minor who is taken into temporary custody by a peace 81, Chino PD Policy THFOM: Juvenile Custody officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held Status and Chino PD Policy Manual Section in secure custody in a law enforcement facility that contains a 324.8: Secure Custody and 324.7: Non-Secure lockup for adults if the minor is 14 years of age or older and Custody. if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a Chino PD Policy THFOM: Secure Custody pg. serious security risk of harm to self or others, the officer may 81 and Chino PD Policy Manual Section ☒ ☐ ☐ take into account the following factors: 324.8(a): Secure Custody (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was Chino PD Policy THFOM: Secure Custody pg. taken into custody; ☒ ☐ ☐ 81 and Chino PD Policy Manual Section 324.8(b): Secure Custody (c) minor's behavior, including the degree to which the Chino PD Policy THFOM: Secure Custody pg. minor appears to be cooperative or non-cooperative; ☒ ☐ ☐ 81 and Chino PD Policy Manual Section 324.8(c): Secure Custody (d) the availability of staff to provide adequate Chino PD Policy THFOM: Secure Custody pg. supervision or protection of the minor; and, ☒ ☐ ☐ 81 and Chino PD Policy Manual Section 324.8(d): Secure Custody (e) the age, type, and number of other individuals who Chino PD Policy THFOM: Secure Custody pg. are detained in the facility. ☒ ☐ ☐ 81 and Chino PD Policy Manual Section 324.8(e): Secure Custody 1146 CONDITIONS OF SECURE CUSTODY Chino PD Policy THFOM: Secure Custody pg. 81 and Chino PD Policy Manual Section While in secure custody, minors may be locked in a room or 324.1.1; Definition Secure Custody ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE Chino PD Policy THFOM: Locked Enclosures, CUSTODY INSIDE A LOCKED pg. 82 and 324.8.1 Locked Enclosures ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; Chino PD Policy THFOM: Locked Enclosures, ☒ ☐ ☐ and, pg. 82 and 324.8.1(b), Locked Enclosures 4367 San Bernardino Chino PD PRO THJ 20-22 - 20 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (2) safety checks, as defined in Section 1006, of the Chino PD Policy THFOM: Locked Enclosures, minor by staff of the law enforcement facility, at pg. 82 and 324.8.1(d), Locked Enclosures ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same Chino PD Policy THFOM: Locked Enclosures, locked room unless under constant direct visual ☒ ☐ ☐ pg. 82 and 324.8.1(e), Locked Enclosures observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE Chino PD Policy THFOM: Secure Custody pg. CUSTODY OUTSIDE OF A LOCKED 81 and 324.8, Secure Custody ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant Chino PD Policy THFOM: Secure Custody pg. direct visual observation to assure the minor's safety while ☒ ☐ ☐ 81 and 324.8, Secure Custody secured to a stationary object. Securing minors to a stationary object for longer than 60 Chino PD Policy THFOM: Secure Custody pg. minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ 81 and 324.8, Secure Custody approved by a supervisor. The decision for securing a minor to a stationary object for Chino PD Policy THFOM: Secure Custody pg. longer than 60 minutes, and every 30 minutes thereafter shall 81 and 324.8, Secure Custody ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE Chino PD Policy THFOM: Juvenile Custody CUSTODY Status and 324.4(p) Temporary Custody Requirements Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ Youth are held in non-secure custody unless there of the Welfare and Institutions Code, may be held in non- is a higher need to hold in secure custody. secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- Chino PD Policy THFOM: Definitions pg. 4 and SECURE CUSTODY Juvenile Custody Logs pg. 77 and 324.7 Non- Secure Custody Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF Chino PD Policy THFOM: Intoxicated ANY INTOXICATING SUBSTANCE IN SECURE OR Assistance pg. 83 and 324.9: Intoxicated and/or NON-SECURE CUSTODY Substance Abusing Juveniles Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. 4367 San Bernardino Chino PD PRO THJ 20-22 - 21 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody in a locked room Chino PD Policy THFOM: Intoxicated who display outward signs of being under the influence of Assistance pg. 83 and 324.9: Intoxicated and/or drugs, alcohol or any other intoxicating substance shall Substance Abusing Juveniles include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked Chino PD Policy THFOM: Intoxicated room who display outward signs of being under the Assistance pg. 83 and 324.9: Intoxicated and/or influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ Substance Abusing Juveniles substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display Chino PD Policy THFOM: Intoxicated outward signs of being under the influence of drugs, alcohol Assistance pg. 83 and 324.9: Intoxicated and/or ☒ ☐ ☐ or any other intoxicating substance shall be supervised in Substance Abusing Juveniles accordance with Section 1150. 4367 San Bernardino Chino PD PRO THJ 20-22 - 22 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations:0 facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations:0 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations:0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the Number of violations:0 minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☐ ☒ ☐ Number of violations: 1 law enforcement facility for longer than six hours. 4367 San Bernardino Chino PD PRO THJ 20-22 - 23 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005; 2008 BSCC Code: 4367 FACILITY NAME: Chino Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: 2005: OTHER: X FIELD REPRESENTATIVE: Lisa Southwell DATE: June 25, 2021 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) Contains a weapons locker, designed as outlined in these X regulations. Contains a cell or room for confinement pending booking X Contains a detoxification cell (WA in TH; NA in CH) No Sobering Cell 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X No Safety Cell Shower room available No shower within the detention area X 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables X Prisoners are transferred with their property Telephone(s) available for inmate use (PC § 851.5) X A Desk Phone is made available 2-99: Unobstructed access to hot and cold running water X Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear ceiling X height of 8 feet or more Contains sufficient seating to accommodate all inmates X Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or more Prisoners are held no more than six hours before X transfer to county jail Temporary Staging Cell or Room (2.3) No Staging Cell Holds inmates classified and segregated per Title 15 § 1050 and 1053 X 4367 San Bernardino Chino PD PHY THJ 20-22 - 1 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Detoxification/Sobering Cell (2.4) No Sobering Cell 01: Name change to “sobering cell” Contains 20 square feet of floor area per inmate X Safety Cell (2.5) No Safety Cell Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more X Safety Equipment Storage (2.19) Adequate space is provided to store equipment such as fire X extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Directly outside of the detention space Lockable, containing a mop sink and storage space X 01: Mop sink may be separate from janitors’ closet Audio or Visual Monitoring (2.22) Audio and video monitoring There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is use, it is located primarily in corridors, X elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Emergency Power (2.24) There is an emergency power source available and capable of providing minimal lighting in all areas and maintaining X fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) Available and provides for confidentiality X Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in holding and X staging cells. See regulation for calculations of urinal substitutions. 4367 San Bernardino Chino PD PHY THJ 20-22 - 2 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See regulation for X calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Available in each temporary holding, staging and X sobering cell. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the water outlet X (bubbler). 2-99: Mouth guard requirement deleted Showers (3.4) (NA in CH) No Showers Available in the security area; provide hot and cold or tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. X Beds/Bunks (3.5) Arrestees held no longer than six hours (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type or concrete; X securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) Windows that are accessible to inmates are no greater than 5 X inches in on dimension. 4367 San Bernardino Chino PD PHY THJ 20-22 - 3 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per inmate. X 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) A secure weapons locker is located outside the security perimeter of the facility and no weapons are brought into X the security area. Lockers have individual compartments, locks and keys. Design Requirements (102(c)6) Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note X areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 4367 San Bernardino Chino PD PHY THJ 20-22 - 4 - A382 PHY CH-TH 94 99 01 05.dot (8/05) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 4367 FACILITY: Chino Police Department TYPE: THJ RC: (30) FIELD REPRESENTATIVE: Lisa Southwell DATE June 25, 2021 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Intake/Booking 1 & 2 Holding 2008 2 (4) (8) 90 sq. ft. 1 1 1 Cells rated by bench space 7’ of bench space each 3 Holding 2008 1 (14) (14) 250 sq. ft. 1 1 1 Cell rated by bench space 8’ and 14.5’ of bench space Classification Area 4 & 5 Holding 2008 2 (4) (8) 80 sq. ft. 1 1 1 Cells rated by bench space 7 feet of bench space *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit. If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 4367 San Bernardino Chino PD LASE THJ 20-22 - 1 - A360 LAS Adult-05.dot (8/05)