San Bernardino County, Montclair Police Department (2018-2020 inspection cycle)

July 11, 2019 Robert Avels, Chief of Police Montclair Police Department 4870 East Arrow Hwy Montclair, CA 91763 2018-2020 BIENNIAL INSPECTION PURSUANT TO PENAL CODE 6031 Dear Chief Avels, On June 12, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Montclair Police Department’s Temporary Holding Facility. A pre-inspection briefing was held on April 1, 2019. 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. Inspections Fire and Life Safety April 29, 2019 Medical and Mental June 18, 2018 Health Nutritional Health June 18, 2018 Environmental Health June 18, 2018 4373\San Bernardino\Montclair Police Department THJ \July 11, 2019 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:4373 FACILITY NAME: Montclair Police Department (MPD) FACILITY TYPE: TH PERSON(S) INTERVIEWED: Captain Jason Reed FIELD REPRESENTATIVE: Lisa Southwell DATE: June 12, 2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Montclair PD Policy Manual Section 900.15: HOLDING FACILITY TRAINING Training Custodial personnel who supervise inmates in, and Staff training records provided for review. All supervisors of, a Court Holding or Temporary Holding officers and supervisors have completed the facility shall complete 8 hours of specialized training. Such required training. training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in Montclair PD Policy Manual Section 900.15: any event not more than six months after the date of Training 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 Montclair PD Policy Manual Section 900.15: every two years. Successful completion of the requirements Training in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher Refresher training is provided in-house and last occurred on 03/23/2017 and 10/2/2018. Regulatory changes have been communicated ☒ ☐ ☐ to officers and the next refresher course for all staff will occur in July 2019. . 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 1 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. Whenever there is an inmate in custody, there shall be at Montclair PD Policy Manual Section 900.3.2: least one employee on duty at all times in a local detention Supervision in Temporary Custody. facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible When a prisoner is in custody, Officers remain to inmates in the event of an emergency. in the facility with them. Such an employee shall not have any other duties which Montclair PD Policy Manual Section 900.3.2: would conflict with the supervision and care of inmates in Supervision in Temporary Custody the event of an emergency. ☒ ☐ ☐ The arresting officer is responsible for the prisoner while in the jail. The supervision of the prisoner is the priority and officers are not called away or otherwise diverted. Whenever one or more female inmates are in custody, there Montclair PD Policy Manual Section 900.3.2: shall be at least one female employee who shall be Supervision in Temporary Custody immediately available and accessible to such females. Note: Reference PC§ 4021. Agency makes every effort to ensure a female staff member is present; however, they have ☒ ☐ ☐ limited female officers. If a female staff member is not available, the female prisoner will be transported directly to the County Jail. Suggested dispatchers or other staff be trained to fill in as needed. To determine if there is a sufficient number of personnel Montclair PD Policy Manual Section 900.3.3: for a specific facility, the facility administrator shall Staffing Plan prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan ☒ ☐ ☐ Staffing appears to be adequate. 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 Montclair 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 Prisoners are rarely locked in holding cells. If more than a 60-minute lapse between safety checks. they are, safety checks are conducted at least every 30 minutes. Documentation reviewed was compliant with regulation. ☒ ☐ ☐ 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 2 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS There is a written plan that includes the documentation of Montclair PD Policy Manual Section 900.8(e): routine safety checks. Holding Cells Safety checks are logged for each individual on the back of the prisoner’s medical screening form. ☒ ☐ ☐ 1028 FIRE AND LIFE SAFETY STAFF Montclair 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 All staff have been trained in Fire and Life standards established by the BSCC for general fire and life Safety as part of the agencies initial and ☒ ☐ ☐ safety. (Penal Code section 6030[e]) ongoing training. The facility manager shall ensure that there is at least one Montclair PD Policy Manual Section 900.3.3: person on duty who trained in fire and life safety ☒ ☐ ☐ Staffing Plan procedures that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Montclair PD’s policy and procedure manual was provided for our review. It was last updated in April 2019. The policy is available Facility administrator(s) shall develop and publish a to staff for review as needed and regular manual of policy and procedures for the facility. The policy updates are provided directly from command and procedures manual shall address all applicable Title 15 staff to officers for review. Any changes to and Title 24 regulations and shall be comprehensively policy are made and released to the field reviewed and updated at least every two years. Such a through policy directives. manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of Montclair PD Policy Manual Section 900.3.4: communications. Department Organization and Responsibility ☒ ☐ ☐ There is a table of contents and a manual section that provides clarification as to the roles and responsibilities. Agency staff communicate via the chain of command. 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 Police Department THF \June 12, 2019 - 3 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) Inspections and operations reviews by the facility Montclair PD Policy Manual Section 900.5.1: administrator/manager. Temporary Custody Logs and 900.11 Assigned Administrator The facility Watch Commander is responsible for making periodic checks to ensure all log entries and safety checks are completed on ☒ ☐ ☐ time. A review of documentation confirmed this occurs operationally. Agency sergeants sign off each prisoner’s medical screening form and make periodic checks to ensure compliance. Additionally, the Facility Manager conducts an annual Security Review that is provided to the Chief of Police. This review includes an annual PREA report. (3) Policy on the use of force. Montclair PD Policy Manual Section 900.6: Use of Force and Restraint Devices and 300: Use of Force ☒ ☐ ☐ The agency’s Use of Force Policy applies to all officers including those who are supervising prisoners in the THF. There is specific policy in Section 900 to address the needs of the THF. (4) Policy on the use of restraint equipment, including Montclair PD Policy Manual Section 900.6: the restraint of pregnant inmates as referenced in Penal Use of Force and Restraint Devices, 900.6.1: ☒ ☐ ☐ Code Section 3407. Pregnant Adults and 302.3.2: Restraint of Pregnant Person (5) Procedure and criteria for screening newly received Montclair PD Policy Manual Section 900.2: inmates for release per Penal Code sections 849(b)(2) Policy, 900.3.1: Individuals Not to Be in ☒ ☐ ☐ and 853.6, and any other such processes as the facility Custody and 418: Cite and Release Policy administrator is empowered to use. (6) Security and control including: ☐ ☐ ☒ (A) physical counts of inmates, Montclair PD Policy Manual Section 900.3: General Criteria and Supervision and 900.5: Temporary Custody Logs. All persons who come into the THF are logged ☒ ☐ ☐ in on the custody log with all pertinent information including name, identifying information, time of arrival and departure, etc. The facility Watch Commander is required to track the inmate count. (B) searches of the facility and inmates, Montclair PD Policy Manual Section 900.8: Holding Cells, Section 901: Custodial Searches and Section 901.4: Searches at Police Facilities ☒ ☐ ☐ Prisoners are searched before placing them in the holding cell. Cell searches are conducted before and after a person is placed in a cell. Daily inspections are completed by officers. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 4 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) contraband control, and, Montclair PD Policy Manual Section 900.8: Holding Cells, Section 901: Custodial Searches and Section 901.4: Searches at Police Facilities ☒ ☐ ☐ Cell searches are conducted before and after a person is placed in a cell. Prisoners are searched before placing them in the holding cell. (D) key control. Montclair PD Policy Manual Section 1021.6.9: Issued Office Keys and Access Cards ☒ ☐ ☐ Each employee is issued an access card that allows entrance. Authorized personnel will be granted access to the jail facility. Each facility administrator shall, at least annually, review, Montclair PD Policy Manual Section 900.11 evaluate, and make a record of security measures. The Assigned Administrator review and evaluation shall include internal and external security measures of the facility including security measures The Facility Manager is responsible for specific to prevention of sexual abuse and sexual conducting an annual Security Review and harassment. ☒ ☐ ☐ providing it to the Chief of Police. Captain Reed completed the review on June 10, 2019. An additional Annual PREA Rape Report was completed at the same time to address and monitor agency efforts to prevent sexual abuse and sexual harassment. (7) Emergency procedures include: Montclair PD Policy Manual Section 900.12: (A) fire suppression preplan as required by section ☒ ☐ ☐ Fire Safety and 900.12.1: Fire Procedures 1032 of these regulations; (B) escape, disturbances, and the taking of Montclair PD Policy Manual Section 900.14: hostages; ☒ ☐ ☐ Escapes, Disturbances, Civil Disturbances, Taking of Hostages (C) mass arrests; Montclair PD Policy Manual Section 900.4.3: ☒ ☐ ☐ Mass Arrests Exceeding Temporary Holding Facility Capacity (D) natural disasters; Montclair PD Policy Manual Section 900.13: ☒ ☐ ☐ Evacuation of Temporary Holding Facility to include Sections 900.13.1-913.13.7 (E) periodic testing of emergency equipment; and, Montclair PD Policy Manual Section 900.11: Assigned Administrator ☒ ☐ ☐ Emergency equipment is tested periodically by the City of Montclair Public Works Department. (F) storage, issue, and use of weapons, ammunition, Montclair PD Policy Manual Section 900.5.7: ☒ ☐ ☐ chemical agents, and related security devices. Firearms and other Security Measures (8) Suicide Prevention. Montclair PD Policy Manual Section 900.4: ☒ ☐ ☐ Initiating Temporary Custody (9) Segregation of Inmates. Montclair PD Policy Manual Section 900.4.2: ☒ ☐ ☐ Classification Plan, Screening and Segregation of Inmates (10) Zero tolerance in the prevention of sexual abuse Montclair PD Policy Manual Section 902.2: ☒ ☐ ☐ and sexual harassment. PREA Policy (11) Policy and procedure to detect, prevent, and Montclair PD Policy Manual Section 902.6: respond to retaliation against any staff or inmate after ☒ ☐ ☐ Retaliation Prohibited reporting any abuse. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 5 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, Montclair PD Policy Manual Section 902.4: Type I, II, III, and IV facilities shall provide for, but not be Reporting Sexual Abuse, Harassment and limited to, the following: Retaliation (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation Prisoners may make reports verbally, in by other inmates or staff for reporting sexual abuse and ☒ ☐ ☐ writing, privately or anonymously. Staff tell sexual harassment, and staff neglect or violation of prisoners upon booking of the ways to report responsibilities that may have contributed to such and notification is posted in the holding facility. incidents, Signs were posted in the holding area in view for all prisoners to see. (2) a method for uninvolved inmates, family, Montclair PD Policy Manual Section 902.4: community members, and other interested third-parties Reporting Sexual Abuse, Harassment and to report sexual abuse or sexual harassment. The Retaliation ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. Information is posted on the agency web page and in the agency lobby. 1030 SUICIDE PREVENTION PROGRAM Montclair PD Policy Manual Section 900.3: Individuals Not to Be in Temporary Custody and 900.4: Initiating Temporary Custody. The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, in conjunction with the health authority and mental health If a person indicates in any way they are at risk ☒ ☐ ☐ director, to identify, monitor, and provide treatment to for suicide, he or she is transported directly to those inmates who present a suicide risk. The program the County Jail and are not brought into the shall include the following: THF. If a person is later found to be at risk for suicide, he or she is transported to the County Jail or the hospital immediately. (a) Suicide prevention training for all staff that have direct Montclair PD Policy Manual 2019 Section contact with inmates. 900.15: Training ☒ ☐ ☐ All staff are trained in suicide prevention as part of the agencies training protocols. (b) Intake screening for suicide risk immediately upon Montclair PD Policy Manual Section 900.4: intake and prior to housing assignment. Initiating Temporary Custody. ☒ ☐ ☐ Screening for suicide prevention occurs upon entry. (c) Provisions facilitating communication among Arresting officers become booking officers who arresting/transporting officers, facility staff, medical and provide supervision and ultimately transport or mental health personnel in relation to suicide risk. ☒ ☐ ☐ release the prisoner. Officers communicate concerns with Watch Commanders as necessary. (d) Housing recommendations for inmates at risk of Prisoners are transported to the County Jail or ☒ ☐ ☐ suicide. to the hospital. (e) Supervision depending on level of suicide risk. Montclair PD Policy Manual Section 900.3.19(d)(a) If a prisoner is suicidal, the officer taking ☒ ☐ ☐ custody will provide direct supervision until the person is evaluated, released or transported to an appropriate facility, either the County Jail or the hospital. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 6 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (f) Suicide attempt and suicide intervention policies and Montclair PD Policy Manual Section 900.4: procedures. Initiating Temporary Custody and Section ☒ ☐ ☐ 900.9: Suicide Attempt, Death or Serious Injury (g) Provisions for reporting suicides and suicides attempts. Montclair PD Policy Manual Section 900.9(b- ☒ ☐ ☐ f): Suicide Attempt, Death or Serious Injury (h) Multi-disciplinary administrative review of suicides and Montclair PD Policy Manual Section attempted suicides as defined by the facility 900.9(h)(1)a-c: Suicide Attempt, Death or ☒ ☐ ☐ administrator. Serious Injury 1032 FIRE SUPPRESSION PREPLANNING The facility manager is responsible to ensure a fire suppression pre plan is completed in collaboration with the city fire department Pursuant to Penal Code Section 6031.1(b), the facility and/or the fire marshal. 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 ☒ ☐ ☐ The facility administrator provided agency which shall include, but not be limited to: policy and procedure specific to fire prevention and suppression to the fire inspector for review by email. The fire inspector found the agency fire safety practice to meet policy and local code. (a) a fire suppression pre-plan developed with the local fire Montclair PD Policy Manual Section 900.12: department to be included as part of the policy and Fire Safety and 900.12.1: Fire Procedures ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a Montclair PD Policy Manual Section 900.12: monthly basis with two-year retention of the inspection Fire Safety record; ☒ ☐ ☐ Officers inspect the jail daily. The facility administrator completes a weekly inspection. All are documented and maintained for review. (c) fire prevention inspections as required by Health and Montclair PD Policy Manual Section Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ 900.12.1(d) inspections at least once every two years; Fire inspection completed 04/25/2019. (d) an evacuation plan; and, Montclair PD Policy Manual Section 900.12.1: Fire Procedures ☒ ☐ ☐ Evacuation route signs are posted in the facility. (e) a plan for the emergency housing of inmates in the case Montclair PD Policy Manual Section 900.12.1: of fire. Fire Procedures ☒ ☐ ☐ In the event of an actual fire, prisoners would be transported to the County Jail. 1044 INCIDENT REPORTS Montclair PD Policy Manual Section 900.5.8: Reporting Physical Harm or Serious Threat of Physical Harm Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or Any incident report written, is completed as a serious threat of physical harm, to an employee or inmate supplement to the originating crime report and of a detention facility or other person. stored accordingly. Agency had no reports to provide. Such records shall include the names of the persons Montclair PD Policy Manual Section 900.5.8: involved, a description of the incident, the actions taken, ☒ ☐ ☐ Reporting Physical Harm or Serious Threat of and the date and time of the occurrence. Physical Harm 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 7 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such a written record shall be prepared by the staff Montclair PD Policy Manual Section 900.5.8: assigned to investigate the incident and submitted to the ☒ ☐ ☐ Reporting Physical Harm or Serious Threat of facility manager or his/her designee. Physical Harm 1046 DEATH IN CUSTODY Montclair PD Policy Manual Section 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. Deaths shall be reviewed to determine the appropriateness of Montclair PD Policy Manual Section 900.9: clinical care; whether changes to policies, procedures, or Suicide Attempt, Death or Serious Injury ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor Montclair PD Policy Manual Section 312.13g: In any case in which a minor dies while detained in a jail, Suicide Attempt, Death or Serious Injury of a lockup, or court holding facility: Juvenile (1) The administrator of the facility shall provide to the ☒ ☐ ☐ Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the Montclair PD Policy Manual Section 312.13: administrator, the Board may within 30 calendar days Suicide Attempt, Death or Serious Injury of a inspect and evaluate the jail, lockup, or court holding Juvenile facility pursuant to the provisions of this subchapter. ☒ ☐ ☐ Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN Montclair PD Policy Manual Section 900.4.1 Screening and Placement and Section 900.4.2: Classification Plan, Screening and Segregation (a) Each administrator of a temporary holding, Type I, II, or of Inmates III facility shall develop and implement a written classification plan designed to properly assign inmates to housing units and activities according to the categories of Per policy, prisoners will never be placed in a sex, age, criminal sophistication, seriousness of crime cell with another person unless exigent charged, physical or mental health needs, assaultive/non- circumstances exist. If they are, a classification assaultive behavior, risk of being sexually abused, or is completed prior to their movement into a sexually harassed and other criteria which will provide for cell. the safety of the inmates and staff. Such housing unit ☒ ☐ ☐ assignment shall be accomplished to the extent possible Prisoner Classification form provided for within the limits of the available number of distinct housing review and found to be compliant. 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.) 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 8 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) In deciding whether to assign an inmate to a housing Montclair PD Policy Section 900.4.2: area for male or female inmates, and in making other Classification Plan, Screening and Segregation housing and programming assignments, the agency shall of Inmates consider on a case-by-case basis whether a placement ☒ ☐ ☐ would ensure the inmate's health and safety, and whether Prisoner Classification form provided for the placement would present management or security review and found to be compliant. problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES Montclair PD Policy Manual Section 900.4: Initiating Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Policy includes a list of observable symptoms. procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be Montclair PD Policy Manual Section 900.4: made of the person being booked as to whether or not Initiating Temporary Custody he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ Medical screenings are conducted on every any other communicable diseases, or other special medical person entering the holding facility. problem identified by the health authority. The response Documentation reviewed confirmed shall be noted on the booking form and/or screening compliance with regulation. device. 1052 MENTALLY DISORDERED INMATES Montclair PD Policy Manual Section 900.3.1: Individuals Who Shall not be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures to identify and evaluate all mentally disordered Persons with obvious mental health issues or inmates, and may include telehealth. who are mentally ill or who are gravelly disabled will not be housed in the THF. If an evaluation from medical or mental health staff is not Montclair PD Policy Manual Section 900.3.1: readily available, an inmate shall be considered mentally Individuals Who Shall not be in Temporary disordered for the purpose of this section if he or she Custody appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ Any person found to be mentally disordered will not be housed until evaluated by a medical An evaluation from medical or mental health staff shall be or a mental health professional. 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. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 9 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION Montclair PD Policy Manual Section 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 the administrative segregation of inmates who Absent exigent circumstances, only one person are determined to be prone to: promote activity or behavior will be housed per cell. If any person is in need that is criminal in nature or disruptive to facility operations; of being segregated, he or she will be demonstrate influence over other inmates, including immediately transported to the 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 Montclair Police Department does not have a safety cell. All remaining regulation is marked as Not Applicable. 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. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 10 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL Montclair Police Department does not have a sobering cell. All remaining regulation is marked as Not Applicable 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 Montclair PD Policy Manual Section 900.3.1: INMATES Individuals Who Shall not be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Developmentally disabled persons will not be procedures for the identification and evaluation, housed in the THF. If they are later found to appropriate classification and housing, protection, and be, they will be immediately transported to the nondiscrimination of all developmentally disabled inmates. County Jail. The health authority or designee shall contact the regional This occurs once at the County Jail. center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES Montclair PD Policy Manual Section 900.6: Use of Force and Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop written policies and Any prisoner who needs to be restrained for procedures for the use of restraint devices and may any reason other than officer safety, is ☒ ☐ ☐ delegate authority to place an inmate in restraints to a immediately transported to the County Jail. responsible health care staff. The remaining sections of this regulation do not apply and are 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; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 11 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 Montclair PD Policy Manual Section 900.6.1: Pregnant Adults and 302.3.2: Restraint of Pregnant Person The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant 900.6.1 refers to the agency Handcuffing and inmates. In accordance with Penal Code 3407 the policy restraints Policy, 302. shall include reference to the following: (1) An inmate known to be pregnant or in recovery Montclair PD Policy Manual Section 900.6.1: after delivery shall not be restrained by the use of leg ☒ ☐ ☐ Pregnant Adults and 302.3.2: Restraint of irons, waist chains, or handcuffs behind the body. Pregnant Person (2) A pregnant inmate in labor, during delivery, or in Montclair PD Policy Manual Section 900.6.1: recovery after delivery, shall not be restrained by the Pregnant Adults and 302.3.2: Restraint of wrists, ankles, or both, unless deemed necessary for ☒ ☐ ☐ Pregnant Person the safety and security of the inmate, the staff, or the public. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 12 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional Montclair PD Policy Manual Section 900.6.1: who is currently responsible for the medical care of a Pregnant Adults and 302.3.2: Restraint of pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ Pregnant Person delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she Montclair PD Policy Manual Section 900.6.1: shall be advised, orally or in writing, of the standards ☒ ☐ ☐ Pregnant Adults and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE Montclair PD Policy Manual Section 900.5.5: Telephone Calls The facility administrator shall develop written policies and procedures which allow reasonable access to a telephone Three initial calls are provided no later than ☒ ☐ ☐ beyond those telephone calls which are required by Section three hours after arrest. Additional reasonable 851.5 of the Penal Code. and necessary phone calls may be made as requested. Phone is located outside of the holding cells and is available for use. 1068 ACCESS TO COURTS AND COUNSEL Montclair PD Policy Manual Section900.5.9: Attorneys and Bail Bondsmen The facility administrator shall develop written policies and procedures to ensure inmates have access to the court and All persons are either released or transported to to legal counsel. Such access shall consist of: ☐ ☐ ☒ the County Jail or to a Mental Hospital. Access to the Court, does not apply due to the length of time a person is in custody at the THF. (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. Montclair PD Policy Manual Section 900.5.5: Telephone Calls ☒ ☐ ☐ In Custody’s have access to telephones in which to contact their attorneys and may consult with them confidentially. 1080 RULES AND DISCIPLINARY PENALTIES Montclair PD Policy Manual Section 900.5.10: Discipline Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary Discipline will not be administered to any penalties to guide inmate conduct. individual in custody. If any individual in ☐ ☐ ☒ custody repeatedly fails to follow directions or facility rules, he or she will be transported immediately. 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. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 13 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1081 PLAN FOR INMATE DISCIPLINE Montclair PD Policy Manual Section 900.5.10: Discipline If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections Discipline will not be administered to any 1080, 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ individual in custody. The remaining 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. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 14 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 6. The inmate shall be advised in a written statement by the 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 Montclair PD Policy Manual Section 900.5.10: Discipline The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule Discipline will not be administered to any infraction. Acceptable forms of discipline shall consist of, individual in custody. This entire section is but not be limited to, the following: marked as NA. (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY Montclair PD Policy Manual Section 900.5.10: ACTIONS Discipline The Penal Code and the State Constitution expressly Discipline will not be administered to any prohibit all cruel and unusual punishment. Additionally, individual in custody. This entire section is there shall be the following limitations: marked as NA. (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 15 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for ☐ ☐ ☒ disciplinary purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal ☐ ☐ ☒ hygiene as specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be suspended as a disciplinary measure. ☐ ☐ ☒ 1084 DISCIPLINARY RECORDS Montclair PD Policy Manual Section 900.5.10: Discipline Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☐ ☐ ☒ Discipline will not be administered to any therefore. This requirement may be satisfied by retaining individual in custody. The section is marked as copies of rule violation reports and report of the disposition NA. of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: ☒ ☐ (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 16 - A352 TH PRO eff. 1/2019 (18-20).dot 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 Montclair PD Policy Manual Section 312.13: MINOR IN AN ADULT DETENTION Suicide Attempt, Death, or Serious Injury of a FACILITY 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 Montclair PD Policy Manual Section 312.3: 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; Montclair PD Policy Manual Section 312.3. Juveniles Who Should Not Be Held, Section ☒ ☐ ☐ 312.3.2: Suicide Prevention of Juveniles in Custody and 312.2.13: Suicide Attempt, Death, or Serious Injury of a Juvenile (b) use of restraints; Montclair PD Policy Manual Section 312.10: ☒ ☐ ☐ Use of Restraint Devices (c) emergency medical assistance and services; and, Montclair PD Policy Manual Section 312.3.1: ☒ ☐ ☐ Emergency Medical Care of Juveniles in Custody (d) prohibiting use of discipline. Montclair PD Policy Manual Section 312.8(o): ☒ ☐ ☐ Temporary Custody Requirements 1143 CARE OF MINORS IN TEMPORARY Montclair PD Policy Manual Section 312.8: CUSTODY Temporary Custody Requirements ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; Montclair PD Policy Manual Section 312.8e: ☒ ☐ ☐ Temporary Custody Requirements 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 17 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (2) one snack upon request during term of temporary Montclair PD Policy Manual Section 312.8f: custody if the minor has not eaten within the past four ☒ ☐ ☐ Temporary Custody Requirements (4) hours or is otherwise in need of nourishment; (3) access to drinking water; and, Montclair PD Policy Manual Section 312.8g: ☒ ☐ ☐ Temporary Custody Requirements (4) privacy during consultation with family, guardian, Montclair PD Policy Manual Section 312.8i: and/or lawyer. ☒ ☐ ☐ Temporary Custody Requirements (5) blankets and clothing, as necessary, to assure the Montclair PD Policy Manual Section 312.8k: comfort of the minor; and, ☒ ☐ ☐ Temporary Custody Requirements (6) his or her personal clothing unless the clothing is Montclair PD Policy Manual Section 312.8j: inadequate, presents a health or safety problem, or is ☒ ☐ ☐ Temporary Custody Requirements required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND Montclair PD Policy Manual Section 312.7: No ADULT PRISONERS Contact Requirements ☒ ☐ ☐ 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, Montclair PD Policy Manual Section 312.7: No such as booking or facility movement, facility staff (trained Contact Requirements in the supervision of inmates) shall maintain a constant, ☒ ☐ ☐ side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY Montclair PD Policy Manual Section 312.12: Secure Custody A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set ☒ ☐ ☐ forth in these standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a Montclair PD Policy Manual Section 312.12a: serious security risk of harm to self or others, the officer Secure Custody ☒ ☐ ☐ 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 Montclair PD Policy Manual Section 312.11b: ☒ ☐ ☐ taken into custody; Secure Custody 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 18 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (c) minor's behavior, including the degree to which the Montclair PD Policy Manual Section 312.11c: ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Secure Custody (d) the availability of staff to provide adequate Montclair PD Policy Manual Section 312.11d: ☒ ☐ ☐ supervision or protection of the minor; and, Secure Custody (e) the age, type, and number of other individuals who Montclair PD Policy Manual Section 312.11e: ☒ ☐ ☐ are detained in the facility. Secure Custody 1146 CONDITIONS OF SECURE CUSTODY Montclair PD Policy Manual Section 312.12: Definitions While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cuffing rail, or otherwise Secure detention will either occur in a locked reasonably restrained as necessary to prevent escape and ☒ ☐ ☐ holding cell or in the non-secure area via the protect the minor and others from harm. cuffing bench. Although the agency may hold youth in secure detention, all youth were found to be held non-securely. 1147 SUPERVISION OF MINORS IN SECURE Montclair PD Policy Manual Section 312.12.1: CUSTODY INSIDE A LOCKED Locked Enclosures ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; Montclair PD Policy Manual Section 312.12.1a: ☒ ☐ ☐ and, Locked Enclosures (2) safety checks, as defined in Section 1006, of the Montclair PD Policy Manual Section 312.12.1: minor by staff of the law enforcement facility, at Locked Enclosures ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE Montclair PD Policy Manual Section 312.12: CUSTODY OUTSIDE OF A LOCKED 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 Montclair PD Policy Manual Section 312.12: direct visual observation to assure the minor's safety ☒ ☐ ☐ Secure Custody while secured to a stationary object. Securing minors to a stationary object for longer than 60 Montclair PD Policy Manual Section 312.12: minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ Secure Custody approved by a supervisor. The decision for securing a minor to a stationary object for Montclair PD Policy Manual Section 312.12: longer than 60 minutes, and every 30 minutes thereafter shall Secure Custody ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 19 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1149 CRITERIA FOR NON-SECURE Montclair PD Policy Manual Section 312.4: CUSTODY Custody of Juveniles and Section 312.4.3 Custody of Juvenile Offenders Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- Montclair PD Policy Manual Section 312.1.1: SECURE CUSTODY Definitions and 312.6: Juvenile Custody Logs Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF Montclair PD Policy Manual Section 312.3: ANY INTOXICATING SUBSTANCE IN SECURE OR Juveniles Who Should Not Be Held 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 Montclair PD Policy Manual Section 312.11: who display outward signs of being under the influence of Secure Custody drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ Policy and Procedure require all safety checks of resolution of the intoxicated state or release. These safety any youth in a locked enclosure to be completed checks shall be documented, with actual time of occurrence within every 15 minutes. recorded. Supervision of minors in secure custody outside of a locked Montclair PD Policy Manual Section 312.12: room who display outward signs of being under the Secure Custody influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ Youth in secure custody outside of a locked substance shall be supervised in accordance with Section room are constantly monitored, intoxicated or 1148. not. Supervision of minors in nonsecure custody who display Montclair PD Policy Manual Section 312.1.1: outward signs of being under the influence of drugs, Definitions and 312.6: Juvenile Custody Logs alcohol or any other intoxicating substance shall be ☒ ☐ ☐ supervised in accordance with Section 1150. Youth in non-secure custody are constantly monitored, intoxicated or not. 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 20 - A352 TH PRO eff. 1/2019 (18-20).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 Number of violations: 0 juvenile 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, and of the maximum six-hour period and secure Number of violations: 0 detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ facility is restricted in accordance with WIC Section Number of violations: 0 208. 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 Number of violations: 0 time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ law enforcement facility for longer than six hours. Number of violations: 0 4373\San Bernardino\ Montclair Police Department THF \June 12, 2019 - 21 - A352 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 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: Lisa Southwell DATE: June 12, 2019 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 X 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 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 County Montclair Police Department PHY;6/12/19 - 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 6 X 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 staff audio and video monitoring. in a central control. When visual electronic surveillance is use, it is located primarily in corridors, elevators, or at points X on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. 4373 San Bernardino County Montclair Police Department PHY;6/12/19 - 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 held (NA in CH; applicable in TH if inmates are held longer than less than 12 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 County Montclair Police Department PHY;6/12/19 - 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 the X 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 County Montclair Police Department PHY;6/12/19 - 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: Lisa Southwell DATE: June 12, 2019 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 12 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 County Montclair Police Department LASE;6/12/19 - 1 - A360 LAS Adult-05.dot (8/05)