San Bernardino County, Montclair PD (2020-2022 inspection cycle)

October 5, 2022 Robert Avels, Chief of Police Montclair Police Department 4870 East Arrow Hwy Montclair, CA 91763 2020-2022 BIENNIAL INSPECTION PURSUANT TO PENAL CODE SECTION 6031 Dear Chief Avels, On September 29, 2022, staff from the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Montclair Poice Department Temporary Holding Facility. A pre-inspection briefing was held prior to the physical inspection. 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, Calfornia 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 Deliquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outling 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 facility capacity. Refer to 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 Section 101045 and 1314631). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive prespective of your facility. Local inspection reports are forwarded to your office under a separate cover. Inspection Date Fire and Life Safety June 20, 2022 Medical and Mental Health February 1, 2022 Environmental Health February 1, 2022 Robert Avels Chief of Police Page 2 BSCC INSPECTION The inspection consisted of a review of the applicable Montclair Police Department’s Policy and Procedure Manual sections, relevant documentation, and a site visit to review operations and the physical plant. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR.i We found no items of noncompliance. Title 24, CCR Physical Plant There were no changes to the physical plant of the temporary holding facility. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevetion Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. Minors may be held in either secure or non-secure detention. Records revealed youth were held in non-secure detention only. We found no violations or areas of noncompliance. -- This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Montclair Police Department Temporary Holding Facility. We would like to express our gratitude to Captain Jason Reed for his assistance during this inspection. We look forward to working with you in the future. If you have any questions, please feel free to contact your assigned field representative at (916) 322-1638 or at email: Lisa.Southwell@bscc.ca.gov. Sincerely, Jill Farris Field Representative Facility Standards and Operations Division Enclosures cc: City Manager, City of Montclair City Council Chair, City of Montclair Grand Jury Foreperson, County of San Bernardino Captain Jason Reed, Montclair Police Department i BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constititutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 4373 San Bernardino Montclair PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4473 FACILITY NAME: Montclair Police Department (MPD) FACILITY TYPE: TH PERSON(S) INTERVIEWED: Captain Jason Reed FIELD REPRESENTATIVE: Jill Farris DATE: September 29, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.15 Training HOLDING FACILITY TRAINING The agency provided training rosters Custodial personnel who supervise inmates in, and documenting their officers and supervisors supervisors of, a Court Holding or Temporary Holding completed Court and Temporary Holding facility shall complete 8 hours of specialized training. Such Facility training for compliance with this training shall include, but not be limited to: regulation. (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire, and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in 900.15 Training any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once 900.15 Training every two years. Successful completion of the requirements Refresher training was provided to all staff in- ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be house on 10/20/2021 and 11/08/2021, 16 hours substituted for the eight-hour refresher. total. 1027 NUMBER OF PERSONNEL 900.3.4 Department Organization and responsibility. A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and Sworn and dispatch shift schedule and staffing operation of the programs and activities required by these report provided. 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. 4373 San Bernardino Montclair PD TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at 900.3.2 Supervision in Temporary Custody least one employee on duty at all times in a local detention Officers stay with the incarcerated person while facility or in the building which houses a local detention ☒ ☐ ☐ in the THF. facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which 900.3.2 Supervision in Temporary Custody would conflict with the supervision and care of inmates in ☒ ☐ ☐ Officers stay with incarcerated person while in the event of an emergency. the THF. Whenever one or more female inmates are in custody, there 900.3.2 Supervision in Temporary Custody shall be at least one female employee who shall be Agency has female patrol officers but, if no ☒ ☐ ☐ immediately available and accessible to such females. female staff are available, the incarcerated Note: Reference PC§ 4021. person would be transported to another facility. To determine if there is a sufficient number of personnel for 900.3.3 Staffing Plan a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.8 (e) Holding Cells Safety checks shall be conducted at least hourly through Per policy, officers conduct safety checks every direct visual observation of all inmates. There shall be no 30 minutes. BSCC Staff reviewed 10 medical more than a 60-minute lapse between safety checks. screening/intake forms and those arrestees with safety checks were completed within regulation. ☒ ☐ ☐ One log notated “constant observation”. BSCC staff provided technical assistance regarding constant observation being acceptable if the arrestee is not locked in a cell. Once an arrestee is in a holding cell with a secured door, the agency must complete and document safety checks within this regulation. There is a written plan that includes the documentation of 900.8 (e) Holding Cells routine safety checks. Safety checks are documented on the arrestee’s intake medical screening form every 30 minutes. ☒ ☐ ☐ This agency does not retain arrestees for more than six hours. 1028 FIRE AND LIFE SAFETY STAFF 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 safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 900.3.3 Staffing Plan person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 4373 San Bernardino Montclair PD TH PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 311 Temporary Custody of Juveniles 900 Temporary Custody of Adults Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Agency provided their Policy and Procedure Title 24 regulations and shall be comprehensively reviewed Manual for BSCC review, last update was and updated at least every two years. Such a manual shall be 05/16/2022. Agency is in compliance with this made available to all employees. regulation. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of 201.1 Organization Chart - Departmental communications. ☒ ☐ ☐ 900.3.4 Department Organization and Responsibility (2) Inspections and operations reviews by the facility 900.11 Assigned Administrator administrator/manager. ☒ ☐ ☐ This responsibility is designated to the Facility Manager and submitted to the Chief of Police. (3) Policy on the use of force. 300 Use of Force ☒ ☐ ☐ 900.6 Use of Force and Restraint Devices (4) Policy on the use of restraint equipment, including the 302.3.2 Restraint of Pregnant Persons restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 900.6 Use of Force and Restraint Devices Section 3407. 900.6.1 Pregnant Adults (5) Procedure and criteria for screening newly received 424.2 Cite and Release Policy inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, 900.3 General Criteria and Supervision ☒ ☐ ☐ The Watch Commander is aware of the physical count of all incarcerated people. (B) searches of the facility and inmates, 900.8 Holding Cells ☒ ☐ ☐ 901 Custodial Searches 901.4 Searches at Police Facilities (C) contraband control, and 900.8 Holding Cells ☒ ☐ ☐ 901 Custodial Searches (D) key control. 900.11 (b) Assigned Administrator ☒ ☐ ☐ 1020.6.9 Issued Office Keys and Access Cards 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4373 San Bernardino Montclair PD TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Each facility administrator shall, at least annually, review, 900.11 Assigned Administrator evaluate, and make a record of security measures. The review and evaluation shall include internal and external security The Facility Manger completed the annual measures of the facility including security measures specific review and submitted the report to the Chief of to prevention of sexual abuse and sexual harassment. ☒ ☐ ☐ Police on 06/15/2022. The evaluation included facility maintenance issues, their resolutions, as well as the PREA report which found no deficiencies or potential problems. Annual PREA refresher training is provided to all applicable staff. (7) Emergency procedures include: 900.11 (g) Assigned Administrator (A) fire suppression preplan as required by section 900.12 Fire Safety 1032 of these regulations; 900.12.1 Fire Procedures ☒ ☐ ☐ City of Montclair Fire Prevention Bureau conducted their biennial inspection on 6/20/2022 and found no deficiencies. (B) escape, disturbances, and the taking of hostages; 900.14 Escapes, Disturbances, Civil ☒ ☐ ☐ Disturbances, Taking of Hostages (C) mass arrests; 900.4.3 Mass Arrests Exceeding Temporary ☒ ☐ ☐ Holding Facility Capacity (D) natural disasters; 900.13 Evacuation of Temporary Holding ☒ ☐ ☐ Facility (E) periodic testing of emergency equipment; and ☒ ☐ ☐ 900.11 (k) Assigned Administrator (F) storage, issue, and use of weapons, ammunition, 900.5.7 Firearms and Other Security Measures ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. 900.3.1 Individuals Not to Be in Temporary Custody 900.4 Initiating Temporary Custody 900.4.1 Screening and Placement 900.4.2 Classification Plan, Screening and Segregation of Inmates ☒ ☐ ☐ 900.9 Suicide Attempt, Death, or Serious Injury 900.10 Release and/or Transfer 900.15 (e) Training Suicidal arrestees will not enter the THF but will be transported to the county jail or an appropriate mental health facility. (9) Segregation of Inmates. 900.4.1 Screening and Placement ☒ ☐ ☐ 900.4.2 Classification Plan, Screening, and Segregation of Inmates (10) Zero tolerance in the prevention of sexual abuse and 902 Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 902 Prison Rape Elimination to retaliation against any staff or inmate after reporting ☒ ☐ ☐ 902.6 Retaliation Prohibited any abuse. (e) The manual for Temporary Holding, Court Holding, 902.4 Reporting Sexual Abuse, Harassment, Type I, II, III, and IV facilities shall provide for, but not be And Retaliation limited to, the following: (1) multiple internal ways for inmates to privately report Agency has signs posted in their lobby and in sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ their booking/holding area. There is also inmates or staff for reporting sexual abuse and sexual information on their website. harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, 4373 San Bernardino Montclair PD TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved inmates, family, 902.4 Reporting Sexual Abuse, Harassment, community members, and other interested third parties And Retaliation to report sexual abuse or sexual harassment. The method for reporting shall be publicly posted at the Agency has signs posted in their lobby and in facility. their booking/holding area. The agency provides information for the public and other interested ☒ ☐ ☐ third parties to report sexual abuse or sexual harassment on their website. Agency website link: Prison Rape Elimination Act of 2003 - Montclair, CA (cityofmontclair.org) 1030 SUICIDE PREVENTION PROGRAM 900.3.1 Individuals Not to Be in Temporary Custody The facility shall have a comprehensive written suicide 900.4 Initiating Temporary Custody prevention program developed by the facility administrator, 900.4.1 Screening and Placement in conjunction with the health authority and mental health 900.4.2 Classification Plan, Screening and director, to identify, monitor, and provide treatment to those Segregation of Inmates inmates who present a suicide risk. The program shall ☒ ☐ ☐ 900.9 Suicide Attempt, Death, or Serious Injury include the following: 900.10 Release and/or Transfer 900.15 (e) Training Suicidal arrestees will not enter the THF but will be transported to the county jail or an appropriate mental health facility. (a) Suicide prevention training for all staff that have direct 900.15 Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon 900.3.1 Individuals Not to be in Temporary intake and prior to housing assignment. Custody Any individual at risk for suicide will not be ☒ ☐ ☐ allowed into the THF. Intake Medical Screening form requires assessment of suicide risk. (c) Provisions facilitating communication among 900.3.1 Individuals Not to be in Temporary arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ Custody mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. 900.3.1 Individuals Not to be in Temporary ☒ ☐ ☐ Custody (e) Supervision depending on level of suicide risk. 900.3.1 Individuals Not to be in Temporary ☒ ☐ ☐ Custody Arresting officers will remain with arrestee. (f) Suicide attempt and suicide intervention policies and 900.4 Initiating Temporary Custody ☒ ☐ ☐ procedures. 900.9 Suicide Attempt, Death or Serious Injury (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ 900.9 Suicide Attempt, Death or Serious Injury (h) Multi-disciplinary administrative review of suicides and 900.9 Suicide Attempt, Death or Serious Injury attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 4373 San Bernardino Montclair PD TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1032 FIRE SUPPRESSION PREPLANNING 900.11 Assigned Administrator 900.12 Fire Safety Pursuant to Penal Code Section 6031.1(b), the facility 900.12.1 Fire Procedures administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire City of Montclair, Fire Prevention Bureau Senior Marshal, or both, in developing a plan for fire suppression Fire Inspector Douglas Harman inspected the which shall include, but not be limited to: THF on 06/20/2022 and did not find any deficiencies. (a) a fire suppression pre-plan developed with the local fire 900.11 Assigned Administrator department to be included as part of the policy and procedures 900.12 Fire Safety manual (Title 15, California Code of Regulations Section ☒ ☐ ☐ 900.12.1 Fire Procedures 1029); (b) regular fire prevention inspections by facility staff on a 900.12 Fire Safety monthly basis with two-year retention of the inspection record; BSCC staff reviewed documentation of the fire prevention inspections from January 2021 to ☒ ☐ ☐ current and the agency was compliant with this regulation. The Facility Manager or designee document their inspection daily (sometimes multiple times per day) on a monthly inspection log. (c) fire prevention inspections as required by Health and City of Montclair, Fire Prevention Bureau Senior Safety Code Section 13146.1(a) and (b) which requires Fire Inspector Douglas Harman conducted the ☒ ☐ ☐ inspections at least once every two years; biennial inspection on 06/20/2022 and found no deficiencies. (d) an evacuation plan; and 900.13.3 Emergency Evacuation ☒ ☐ ☐ Evacuation map posted. (e) a plan for the emergency housing of inmates in the case of 900.13.4 Evacuation Formation Area ☒ ☐ ☐ fire. 1044 INCIDENT REPORTS 900.5.8 Reporting Physical Harm or Serious Threat of Physical Harm Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ Compliance with this regulation was based on reporting of all incidents which result in physical harm, or policy review and onsite inspection. The agency serious threat of physical harm, to an employee or inmate of had no incident reports to review. a detention facility or other person. Such records shall include the names of the persons 900.5.8 Reporting Physical Harm or Serious involved, a description of the incident, the actions taken, and ☒ ☐ ☐ Threat of Physical Harm the date and time of the occurrence. Such a written record shall be prepared by the staff assigned 900.5.8 Reporting Physical Harm or Serious to investigate the incident and submitted to the facility ☒ ☐ ☐ Threat of Physical Harm manager or his/her designee. 1046 DEATH IN CUSTODY 900.9 Suicide Attempt, Death, or Serious Injury (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. 4373 San Bernardino Montclair PD TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Deaths shall be reviewed to determine the appropriateness of 900.9 Suicide Attempt, Death or Serious Injury clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 311.13 Suicide Attempt, Death, or Serious Injury In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ of a Juvenile lockup, or court holding facility: (1) The administrator of the facility shall provide to the 311.13 Suicide Attempt, Death, or Serious Injury Board a copy of the report submitted to the Attorney of a Juvenile 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 311.13 Suicide Attempt, Death, or Serious Injury administrator, the Board may within 30 calendar days of a Juvenile inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.4.1 Screening and Placement 900.4.2 Classification Plan, Screening and (a) Each administrator of a temporary holding, Type I, II, or Segregation of Inmates III facility shall develop and implement a written classification plan designed to properly assign inmates to BSCC staff reviewed a Prisoner Classification housing units and activities according to the categories of sex, Form and found it met the criteria of this age, criminal sophistication, seriousness of crime charged, regulation. physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area 900.4.2 Classification Plan, Screening and for male or female inmates, and in making other housing and Segregation of Inmates programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES 900.4 Initiating Temporary Custody The facility administrator, in cooperation with the Prior to entering the facility all arrestees are responsible physician, shall develop written policies and medically screened as part of the booking ☒ ☐ ☐ procedures specifying those symptoms that require process. The officer responsible for the segregation of an inmate until a medical evaluation is incarcerated person will evaluate for observable completed. symptoms. 4373 San Bernardino Montclair PD TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be 900.4 Initiating Temporary Custody made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as BSCC staff reviewed the Medical Screening tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ form for ten arrestees between 08/06/21 and any other communicable diseases, or other special medical 06/16/2022 and found the agency in compliance problem identified by the health authority. The response with this regulation. shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.3.1 Individuals not to be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and Agency policy states “An individual who is procedures to identify and evaluate all mentally disordered obviously developmentally disabled” will not be ☒ ☐ ☐ inmates, and may include telehealth. in temporary custody. Any arrestee in need of medical attention or considered to have a mental disorder are transported to Arrowhead Regional Medical Center. If an evaluation from medical or mental health staff is not 900.3.1 Individuals not to be in Temporary readily available, an inmate shall be considered mentally Custody 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 900.3 General Criteria and Supervision appears gravely disabled. ☒ ☐ ☐ Adults are not held in temporary custody longer than six hours. An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of 900.4.2 Classification Plan, Screening and ☒ ☐ ☐ the inmate or others. Segregation of Inmates 1053 ADMINISTRATIVE SEGREGATION 900.4.2 Classification Plan, Screening and Segregation of Inmates Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for If placed in a holding cell, an incarcerated person the administrative segregation of inmates who are is generally in the cell alone. determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 900.3 General Criteria and Supervision secure housing but shall not involve any other deprivation of Adults are not held in temporary custody longer privileges than is necessary to obtain the objective of ☒ ☐ ☐ than six hours. protecting the inmates and staff. 900.4.2 Classification Plan, Screening, and Segregation of Inmates 1055 USE OF SAFETY CELL 900.3.1 Individuals not to be in Temporary Custody The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ An individual deemed as a suicide risk would not 1231.2.5, shall be used to hold only those inmates who enter the THF but would require transport to display behavior which results in the destruction of property another facility or hospital as deemed necessary. or reveals an intent to cause physical harm to self or others. This facility does not have a safety cell. 4373 San Bernardino Montclair PD TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 1056 USE OF SOBERING CELL 900.3.1 Individuals not to be in Temporary Custody The sobering cell described in Title 24, Part 2, Section An individual deemed too intoxicated to care for 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ themselves would not be allowed into the THF threat to their own safety or the safety of others due to their and instead require transport to another facility state of intoxication and pursuant to written policies and or hospital as deemed necessary. procedures developed by the facility administrator. This facility does not have a sobering cell. 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. 4373 San Bernardino Montclair PD TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED 900.3.1 Individuals not to be in Temporary INMATES Custody Agency policy states “An individual who is The facility administrator, in cooperation with the ☒ ☐ ☐ obviously developmentally disabled” will not be responsible physician, shall develop written policies and in temporary custody. procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 900.6 Use of Force and Restraint Devices The facility administrator, in cooperation with the Agency does not use restraint devices beyond responsible physician, shall develop written policies and ☐ ☐ ☒ handcuffs. Individuals in need of restraint would procedures for the use of restraint devices and may delegate be transported or released. authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. 4373 San Bernardino Montclair PD TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 302.3.2 Restraint of Pregnant Persons 900.3.1 Individuals Not to Be in Temporary The facility administrator, in cooperation with the Custody responsible physician, shall develop written policies and The agency’s policy indicates certain behaviors procedures for the use of restraint devices on pregnant ☒ ☐ ☐ or conditions where someone should not be in inmates. In accordance with Penal Code 3407 the policy temporary custody and that includes pregnancy shall include reference to the following: due to the need for medical attention, supervision, or medication. 900.6.1 Pregnant Adults (1) An inmate known to be pregnant or in recovery after 302.3.2 Restraint of Pregnant Persons delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ 900.6.1 Pregnant Adults waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in 302.3.2 Restraint of Pregnant Persons recovery after delivery, shall not be restrained by the ☒ ☐ ☐ 900.6.1 Pregnant Adults wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional 302.3.2 Restraint of Pregnant Persons who is currently responsible for the medical care of a 900.6.1 Pregnant Adults pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she 302.3.2 Restraint of Pregnant Persons shall be advised, orally or in writing, of the standards ☒ ☐ ☐ 900.6.1 Pregnant Adults and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE 900.5.5 Telephone Calls Agency allows for a minimum of three The facility administrator shall develop written policies and ☒ ☐ ☐ completed calls. procedures which allow reasonable access to a telephone Telephones are located outside of the holding beyond those telephone calls which are required by Section cells. 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL 900.5.9 Attorneys and Bail Bondsmen 900.3 General Criteria and Supervision The facility administrator shall develop written policies and ☒ ☐ ☐ Adults are not held in temporary custody longer procedures to ensure inmates have access to the court and to than six hours. legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these 900.3 General Criteria and Supervision ☐ ☐ ☒ regulations, and (b) confidential consultation with attorneys. ☒ ☐ ☐ 900.5.9 Attorneys and Bail Bondsmen 4373 San Bernardino Montclair PD TH PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY PENALTIES 900.5.10 Discipline Discipline is not administered at this facility. Wherever discipline is administered, each facility ☐ ☐ ☒ Anyone requiring discipline would be administrator shall establish written rules and disciplinary transported elsewhere. penalties to guide inmate conduct. 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. 1081 PLAN FOR INMATE DISCIPLINE 900.5.10 Discipline Discipline is not administered at this facility. If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ 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. 4373 San Bernardino Montclair PD TH PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 6. The inmate shall be advised in a written statement by the factfinders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 1082 FORMS OF DISCIPLINE 900.5.10 Discipline Discipline is not administered at this facility. 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, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 4373 San Bernardino Montclair PD TH PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY 900.5.10 Discipline ACTIONS Discipline is not administered at this facility. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (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. (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. 4373 San Bernardino Montclair PD TH PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS 900.5.10 Discipline Discipline is not administered at this facility. 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 copies of rule violation reports and report of the disposition of each. 1280 FACILITY SANITATION, SAFETY, AND 900.9.1 Facility Sanitation and Maintenance MAINTENANCE The watch commander is responsible for inspecting the THF for cleanliness. The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of ☒ ☐ ☐ Agency developed a sanitation log for cleanliness, repair, and safety throughout the facility. Such a documenting cleaning and sanitation, as well as, plan shall provide for a regular schedule of housekeeping reporting maintenance concerns. tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. 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 ☒ ☐ (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 Agency has a secure detention area if needed, however secure detention in the jail. Title 15, Article 9 establishes they only place juveniles in non-secure detention. 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. 4373 San Bernardino Montclair PD TH PRO 20-22 - 15 - 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 1047 SERIOUS ILLNESS OR INJURY OF A 311.13 Suicide Attempt, Death, Or Serious Injury MINOR IN AN ADULT DETENTION of a Juvenile FACILITY ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 311 Temporary Custody of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; 311.3.2 Suicide Prevention of Juveniles in ☒ ☐ ☐ Custody (b) use of restraints; ☒ ☐ ☐ 311.10 Use of Restraint Devices (c) emergency medical assistance and services; and 311.3.1 Emergency Medical Care of Juveniles in ☒ ☐ ☐ Custody (d) prohibiting use of discipline. ☒ ☐ ☐ 311.8 (o) Temporary Custody Requirements 1143 CARE OF MINORS IN TEMPORARY 311.8 Temporary Custody Requirements CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ 311.8 (e) Temporary Custody Requirements (2) one snack upon request during term of temporary 311.8 (f) Temporary Custody Requirements custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and ☒ ☐ ☐ 311.8 (g) Temporary Custody Requirements (4) privacy during consultation with family, guardian, 311.8 (i) Temporary Custody Requirements ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the 311.8 (k) Temporary Custody Requirements ☒ ☐ ☐ comfort of the minor; and (6) his or her personal clothing unless the clothing is 311.8 (j) Temporary Custody Requirements inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 311.7 No-Contact Requirements ADULT PRISONERS ☒ ☐ ☐ Juveniles are held in non-secure detention only The facility administrator shall establish policies and and in an area away from adult arrestees. 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, 311.7 No-Contact Requirements such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 4373 San Bernardino Montclair PD TH PRO 20-22 - 16 - 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 311.12 Secure Custody A minor who is taken into temporary custody by a peace The agency has the capability to place a juvenile officer on the basis that he or she is a person described by in secure detention if needed; however, they chose Section 602 of the Welfare and Institutions Code may be held to only place juveniles in non-secure detention. in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a 311.12 (a) Secure Custody serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was 311.12 (b) Secure Custody ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the 311.12 (c) Secure Custody ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate 311.12 (d) Secure Custody ☒ ☐ ☐ supervision or protection of the minor; and (e) the age, type, and number of other individuals who 311.12 (e) Secure Custody ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY 311.12 Secure Custody While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 311.12.1 Locked Enclosures CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; and ☒ ☐ ☐ 311.12.1 (b) Locked Enclosures (2) safety checks, as defined in Section 1006, of the 311.12.1 (d) Locked Enclosures minor by staff of the law enforcement facility, at ☒ ☐ ☐ Agency policy states safety checks are conducted least once every 30 minutes, which shall be no less than once every 15 minutes. documented. (b) Males and females shall not be placed in the same 311.12.1 (e) Locked Enclosures locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 4373 San Bernardino Montclair PD TH PRO 20-22 - 17 - 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 1148 SUPERVISION OF MINORS IN SECURE 311.12 Secure Custody CUSTODY OUTSIDE OF A LOCKED 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 311.12 Secure Custody direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 311.12 Secure Custody minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for 311.12 Secure Custody longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE 311.4 Custody of Juveniles CUSTODY 311.4.3 Custody of Juvenile Offenders Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(b) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- 311.6 Juvenile Custody Logs 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 311.3 Juveniles Who Should Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY 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. Supervision of minors in secure custody in a locked room 311.12.1 Locked Enclosures who display outward signs of being under the influence of Agency policy states safety checks are conducted drugs, alcohol or any other intoxicating substance shall no less than once every 15 minutes. 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. 4373 San Bernardino Montclair PD TH PRO 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 Supervision of minors in secure custody outside of a locked 311.12 Secure Custody room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display 311.1.1 Definitions: Non-secure custody outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 4373 San Bernardino Montclair PD TH PRO 20-22 - 19 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(b) 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(b)(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(b)(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(b)(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(b)(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(b)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(b)(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(b)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: 0 law enforcement facility for longer than six hours. 4373 San Bernardino Montclair PD TH PRO 20-22 - 20 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005 BSCC Code: 4373 FACILITY NAME: Montclair Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: X 2005: OTHER: FIELD REPRESENTATIVE: Jill Farris DATE: September 29, 2022 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) There are no sobering cells. 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 There are no safety cells. Shower room available There is a shower in the secure vehicle sallyport. X 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables X There are lockers available in the booking area. Telephone(s) available for inmate use (PC § 851.5) X Telephones are located outside the cells. 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 Each cell has a bunk. Inmates are not typically X held for more than 6 hours. The bunk is considered a bench when determining capacity. Temporary Staging Cell or Room (2.3) No staging cell. Holds inmates classified and segregated per Title 15 § 1050 X and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X Contains 10 square feet of floor area per inmates and has a X clear ceiling height of 8 feet or more. Is at least 160 square feet X Contains sufficient seating to accommodate all inmates X Contains water closets (toilets), wash basins and drinking X fountains as specified by these regulations 4373 San Bernardino Montclair PD TH PHY 20-22 - 1 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Provides for clear visual supervision by staff X Detoxification/Sobering Cell (2.4) No sobering cell. 01: Name change to “sobering cell” X Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear ceiling X height of 8 feet or more Contains a water closet (toilet) wash basin and drinking X fountain as specified by these regulations Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure portion of the facility. X Safety Cell (2.5) No safety cell. Contains 48 square feet with one floor dimension of a least X 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the floor, X with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which provide a X view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from the bottom of X the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible to inmate occupant. 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) Lockable, containing a mop sink and storage space X 01: Mop sink may be separate from janitors’ closet Audio or Visual Monitoring (2.22) Staff in the central dispatch center also perform There is an audio monitoring system capable of alerting audio and video monitoring. staff in a central control. When visual electronic surveillance is use, it is located primarily in corridors, System operational. X elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. 4373 San Bernardino Montclair PD TH PHY 20-22 - 2 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS 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. 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) Located in the vehicle sally port. Available in the security area; provide hot and cold or tempered water; shower stalls/areas are designed and X constructed of materials that are impervious to water and soap so that they may be easily cleaned. Beds/Bunks (3.5) The bunk is used as a bench when inmates are (NA in CH; applicable in TH if inmates are held longer than held less than 6 hours. 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. 4373 San Bernardino Montclair PD TH PHY 20-22 - 3 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS 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) No exterior windows. Windows that are accessible to inmates are no greater than 5 X inches in on dimension. Cell Padding (3.8) No sobering or safety cell. The floors and partition are padded in detoxification- sobering cells. In safety cells, floors, doors, walls and everything on them are padded. All padded cells are X equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; X firmly bonded to all surfaces; and, without exposed seams. Seating (3.10) Bunks are used as a bench. 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.) 4373 San Bernardino Montclair PD TH PHY 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: 4373 FACILITY: Montclair Police Department TYPE: THJ RC: (0) FIELD REPRESENTATIVE: Jill Farris DATE: September 29, 2022 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 A Holding 2001 1 (4) (4) 8 x 10 x 9 1 1 1 Note: Bench length: 6 feet. Capacity is limited by bench length. B, C Holding 2001 2 (4) (8) 7.75 x 10 x 9 1 1 1 Note: Bench length: 6 feet Capacity is limited by bench length. D Holding 2001 1 (4) (4) 11.5 x 10 x 9 1 1 1 Note: Cell D was designed to ADA requirements. Bench length: 78 inches. Capacity is limited by bench space. The bunks are considered benches to determine capacity. Prisoners are not held over 6 hours. A shower is available in the vehicle sally port. Processing (fingerprinting and photographing) of minors is done in separate non-secure room near the lobby. An unlocked interview room with cuffing fixtures is located in another portion of the police building; and, unless the cuffing fixtures are used, the area may be used for non-secure custody of minors. Two interview rooms are located in the custody area for adults. If minors were interviewed in these rooms, they would be in secure custody. *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. 4373 San Bernardino Montclair PD TH LASE 20-22 - 1 - A360 LAS Adult-05.dot (8/05)