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

October 25, 2022 Mike Lorenz, Chief of Police Ontario Police Department 2500 S. Archibald Ontario, CA 91761 2020-2022 BIENNIAL INSPECTION OF ONTARIO POLICE DEPARTMENT, ONTARIO POLICE JAIL FACILITY, PENAL CODE 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Lorenz, On July 15, 2022, staff of the Board of State and Community Corrections (BSCC) completed the 2020-2022 biennial inspection of the Ontario Police Department’s Jail Facility. Pre-inspection briefings were completed prior to the inspection in April 2021 and in May 2022. 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 pursuit 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 for the facility; the Physical Plant Evaluation outlining Title 24 requirements for design of the facility; the 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. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department 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 Department and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your Department under a separate cover. Each of the local inspections were current. Mike Lorenz Chief of Police Page 2 Inspection Date Fire and Life Safety May 5, 2022 Medical and Mental Health February 18, 2022 Environmental Health February 18, 2022 BSCC INSPECTIONS The inspection consisted of a review of the Ontario Police Department Policy Manual sections that apply to the operation for detention of adults and juveniles, a documentation review, a site visit to review operations and the physical plant and interviews with administration and facility staff. There were no inmates or youth in custody at the time of the inspection; no interviews were conducted with inmates or youth. There were no staff present other than the jail managers; no interviews were conducted with staff other than the jail managers. 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.1 Technical assistance was provided to clarify website information regarding PREA requirements and clarified non-secure and secure detention requirements. Both issues were immediately addressed when brought to the attention of managers; we did not find the agency noncompliant overall. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Corrective Action Plan No areas of noncompliance were noted, and no corrective action required. Juvenile Justice and Delinquency Prevention Act Compliance The BSCC monitors local detention facilities for compliance with the JJDPA. No violations of the JJDPA were noted. -- This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Ontario Police Department. We would like to express our gratitude to Sergeant Christine Galvez and Jail Manager Ceciah Valero for their assistance. We look forward to continuing being available to provide technical assistance to the Ontario Police Department. If you should have any questions, please contact me at (916) 838-9132 or email at lisa.southwell@bscc.ca.gov 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 5686 San Bernardino Ontario PD TH LTR 20-22 Mike Lorenz Chief of Police Page 3 Sincerely, LISA SOUTHWELL Field Representative Facilities Standards and Operations Division Enclosures cc: Mayor, City of Ontario* City Manager, City of Ontario* Presiding Judge, Superior Court, County of San Bernardino* Grand Jury Foreman, Superior Court, County of San Bernardino* Christine Galvez; Sergeant, Jail Administrator, Ontario Police Department Ceciah Valero, Jail Manager, Ontario Police Department *Complete copies of this inspection are available upon request and at www.bscc.ca.gov 5686 San Bernardino Ontario PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4374 FACILITY NAME: Ontario Police Department (OPD) FACILITY TYPE: TH PERSON(S) INTERVIEWED: Ceciah Valero, Jail Manager, Christine Galvez, Ontario Police Department, Patrol Sergeant FIELD REPRESENTATIVE: Lisa Southwell DATE: July 15, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Ontario PD Policy Manual 2019 Section HOLDING FACILITY TRAINING 900.15: Training Custodial personnel who supervise inmates in, and All current staff are trained as required. supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (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 Ontario PD Policy Manual 2019 Section any event not more than six months after the date of assigned 900.15: Training responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ New staff are scheduled to be trained within Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of their 6 months of hire. training. Eight hours of refresher training shall be completed once Ontario PD Policy Manual 2019 Section every two years. Successful completion of the requirements 900.15: Training in Section 1025, Continuing Professional Training may be substituted for the eight-hour refresher. Documentation provided noting that all current staff have completed refresher ☒ ☐ ☐ training as required. Allied Universal Security Services Staff: 4/21/2021 and 6/30/2021 and agency Sergeants and Lieutenants have been trained: 7/20/2021 and 6/21/2022. 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. 4374 San Bernardino Ontario 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 1027 NUMBER OF PERSONNEL Ontario PD contracts with Allied Universal Security Services (AUSS) to staff their Jail. A sufficient number of personnel shall be employed in each AUSS staff provides detention operations ☒ ☐ ☐ local detention facility to ensure the implementation and support and services inside the Ontario Jail. operation of the programs and activities required by these There are 9 staff in total who service the regulations. OPD Jail. Whenever there is an inmate in custody, there shall be at Ontario 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 to Patrol officers transport and bring the inmates in the event of an emergency. prisoner into the jail, ensure all paperwork is ☒ ☐ ☐ complete, and turn him or her over to the jailers. All jail functions are completed by jail staff. Jail duties do not fall to patrol officers. A jailer is always present in the facility when a prisoner is in custody. Such an employee shall not have any other duties which Ontario 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. ☒ ☐ ☐ Supervision of prisoners is the jailer’s responsibility and priority. Whenever one or more female inmates are in custody, there Ontario 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. Female jailers are assigned to the facility and, for the most part, a female jailer is always present and on duty. Female records’ clerks and dispatchers are also ☒ ☐ ☐ trained to be utilized if a female jailer may not be present. If a female staff member is not present, the female prisoner will be transported to the County Jail, hospital, or mental health facility directly from the field and will not come to the station. To determine if there is a sufficient number of personnel for Ontario PD Policy Manual Section 900.3.4: a specific facility, the facility administrator shall prepare and Staffing Plan retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be Staffing appears adequate. Agency actively reviewed by the Board staff at the time of their biennial inspection. The results of such a review and ☒ ☐ ☐ recruits to fill vacancies. If staffing recommendations shall be reported to the local jurisdiction became an issue due to sick calls or other having fiscal responsibility for the facility. issues and the facility could not be adequately staffed, OPD would close the facility and all prisoners would be direct bookings to the county jail. 1027.5 SAFETY CHECKS Ontario PD Policy Manual Section 900.10(e)1-5 Safety checks shall be conducted at least hourly through ☒ ☐ ☐ direct visual observation of all inmates. There shall be no Safety checks were all completed as more than a 60-minute lapse between safety checks. required. 4374 San Bernardino Ontario 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 There is a written plan that includes the documentation of Ontario PD Policy Manual Section routine safety checks. 900.10(e)2 Safety checks are completed and ☒ ☐ ☐ documented on each individual prisoner. Checks are documented on the facilities “Visual and Holding Cell Log Form” Documentation reviewed was compliant with regulation. 1028 FIRE AND LIFE SAFETY STAFF Ontario PD Policy Manual Section 900.3.4: 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 There are always trained staff on duty. 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 Ontario PD Policy Manual Section 900.3.4: person on duty who trained in fire and life safety procedures ☒ ☐ ☐ Staffing Plan that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Ontario Police Department provided their policy and procedure manual for our Facility administrator(s) shall develop and publish a manual review. Per Chief Michael Lorenz, Chief of of policy and procedures for the facility. The policy and Police, the policy was last updated procedures manual shall address all applicable Title 15 and 10/13/2021 and last reviewed December Title 24 regulations and shall be comprehensively reviewed 16, 2021. and updated at least every two years. Such a manual shall be made available to all employees. The Policy is available to staff electronically ☒ ☐ ☐ but can be printed as needed. 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 Ontario PD Policy Manual Section 900.3.3: communications. Department Organization and ☒ ☐ ☐ Responsibility There is a table of contents for the manual. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4374 San Bernardino Ontario 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 (2) Inspections and operations reviews by the facility Ontario PD Policy Manual Section 900.7.1: administrator/manager. Temporary Custody Logs Documentation reviewed noted the jail lead’s initials. ☒ ☐ ☐ The Watch Commander on duty is responsible for making periodic checks to ensure jail documentation is consistent with policy. Technical assistance provided that the Watch Commander should also be checking in and signing off. (3) Policy on the use of force. Ontario PD Policy Manual Section 300: Use of Force The agency’s Use of Force Policy applies to ☒ ☐ ☐ all officers including those who are supervising persons in custody in the THJ. All sections apply except for 300.4.1 and 300.4.2 (4) Policy on the use of restraint equipment, including the Ontario PD Policy Manual Section restraint of pregnant inmates as referenced in Penal Code 900.8.31: Pregnant Adults provides ☒ ☐ ☐ Section 3407. clarification via Policy 306.3.2: Restraint of Pregnant Persons (5) Procedure and criteria for screening newly received Ontario PD Policy Manual Section 900.2: inmates for release per Penal Code sections 849(b)(2) and Detention of Prisoners in the Temporary 853.6, and any other such processes as the facility Holding Facility administrator is empowered to use. ☒ ☐ ☐ Those arrested for a misdemeanor or violation of a city ordinance may be released with notice to appear in court. (6) Security and control including: Ontario PD Policy Manual Section 900.7.1 ☒ ☐ ☐ Temporary Custody Logs (A) physical counts of inmates, Ontario PD Policy Manual Section 900.7.1 Temporary Custody Logs All persons who come into the facility are ☒ ☐ ☐ noted in the Holding Cell Custody Log with all pertinent information. Documentation reviewed was compliant with policy and regulation. (B) searches of the facility and inmates, Ontario PD Policy Manual Section 900.10: Holding Cells ☒ ☐ ☐ Each person and cell are searched before placing them into the holding cell. (C) contraband control, and Ontario PD Policy Manual Section 900.10: Holding Cells ☒ ☐ ☐ Each person and cell are searched before placing them into the holding cell. 4374 San Bernardino Ontario 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 (D) key control. Ontario PD Policy Manual Section ☒ ☐ ☐ 900.14.1: Key Control Each facility administrator shall, at least annually, review, Ontario PD Policy Manual Section 900.7.1 evaluate, and make a record of security measures. The review Temporary Custody Logs and evaluation shall include internal and external security measures of the facility including security measures specific Security Review Memos Dated April 17, to prevention of sexual abuse and sexual harassment. 2021 and April 15, 2022 were received. The memos noted that all interior and external doors were reviewed and evaluated as well as cell doors and locks. ☒ ☐ ☐ The security review did not specifically include the PREA evaluation, however this item was discussed at length and facility managers ensured the proper signage was present in the facility. Both the facility administrator and manager are aware this information must be added to the review to maintain future compliance. (7) Emergency procedures include: Ontario PD Policy Manual Section 900.5: (A) fire suppression preplan as required by section ☒ ☐ ☐ Fire Safety Pre-Plan 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; Ontario PD Policy Manual Sections ☒ ☐ ☐ 900.14.2: Escapes; 900.14.3: Disturbances and 900.14.4: Hostages (C) mass arrests; Ontario PD Policy Manual Section ☒ ☐ ☐ 900.14.5: Mass Arrests (D) natural disasters; Ontario PD Policy Manual Section ☒ ☐ ☐ 900.14.6: Natural Disasters (E) periodic testing of emergency equipment; and Ontario PD Policy Manual Section ☒ ☐ ☐ 900.14.7: Emergency Equipment Testing (F) storage, issue, and use of weapons, ammunition, Ontario PD Policy Manual Section chemical agents, and related security devices. ☒ ☐ ☐ 900.14.8: Storage, Issue, Use of Weapons, Ammunition, Chemical Agents and Tools. (8) Suicide Prevention. Ontario PD Policy Manual Section ☒ ☐ ☐ 900.14.9: Suicide Prevention (Also see Section 1030) (9) Segregation of Inmates. Ontario PD Policy Manual Section ☒ ☐ ☐ 900.14.10: Segregation of Inmates (10) Zero tolerance in the prevention of sexual abuse and Ontario PD Policy Manual Section 904.2: sexual harassment. Policy ☒ ☐ ☐ Technical assistance provided regarding policy language and regulation language. (11) Policy and procedure to detect, prevent, and respond Ontario PD Policy Manual Section 904.6: to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Retaliation Prohibited any abuse. 4374 San Bernardino Ontario 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 (e) The manual for Temporary Holding, Court Holding, Ontario PD Policy Manual Section 904.4: Type I, II, III, and IV facilities shall provide for, but not be Reporting Sexual Abuse and Harassment limited to, the following: (1) multiple internal ways for inmates to privately report Prisoners may make a report verbally, in sexual abuse and sexual harassment, retaliation by other writing, privately, or anonymously to any inmates or staff for reporting sexual abuse and sexual jailer or agency staff member. harassment, and staff neglect or violation of responsibilities that may have contributed to such ☒ ☐ ☐ incidents, There were no prisoners in custody at the time of our inspection to question as to practice. Signs are posted in the Jail intake area and in the physical jail regarding how to report allegations. (2) a method for uninvolved inmates, family, Ontario PD Policy Manual Section community members, and other interested third parties 904.3(h): Publishing on the Department’s to report sexual abuse or sexual harassment. The Website method for reporting shall be publicly posted at the facility. ☒ ☐ ☐ Agency has reporting instruction information and policy posted on their Agency website for persons who wish to report for or on behalf of the prisoner. 1030 SUICIDE PREVENTION PROGRAM Ontario PD Policy Manual Section 900.14.9: Suicide Prevention The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, Any person found to be at risk for suicide is in conjunction with the health authority and mental health transported directly to the County Jail, director, to identify, monitor, and provide treatment to those hospital, or mental health facility and are not inmates who present a suicide risk. The program shall brought into the facility for any reason. include the following: ☒ ☐ ☐ If a prisoner is brought into the facility and then found later to be at risk, he or she will be placed on a constant visual by staff and will be transported immediately to the County Jail or to a medical/mental health facility. (a) Suicide prevention training for all staff that have direct Ontario PD Policy Manual 2019 Section contact with inmates. 900.15: Training ☒ ☐ ☐ Staff are trained in suicide prevention in the initial training and in refresher trainings. (b) Intake screening for suicide risk immediately upon Ontario PD Policy Manual Section 900.4: intake and prior to housing assignment. Initiating Temporary Custody ☒ ☐ ☐ All prisoners are screened at intake for suicide and risk. All intake documents reviewed were found to have a completed screening for suicide risk. 4374 San Bernardino Ontario 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 (c) Provisions facilitating communication among Ontario PD Policy Manual Section 900.4: arresting/transporting officers, facility staff, medical and Initiating Temporary Custody mental health personnel in relation to suicide risk. Jail staff will ask the arresting officer if there ☒ ☐ ☐ is any suicide risk or critical medical issues. Any issue will be documented on the medical screening form. Arresting officers share all information with custody staff. (d) Housing recommendations for inmates at risk of suicide. Ontario PD Policy Manual Section 900.4: Initiating Temporary Custody ☒ ☐ ☐ If a person is found to be at risk for suicide, they will be transported to the County Jail, medical facility, or to a mental health facility. (e) Supervision depending on level of suicide risk. Ontario PD Policy Manual Section 900.3.1: Individuals Who Shall Not Be in Custody and Section 900.4: Initiating Temporary Custody ☒ ☐ ☐ Direct supervision is maintained until the prisoner can be transported to a more suitable housing. This could occur by either the patrol officer before detention or by the jail staff. (f) Suicide attempt and suicide intervention policies and Ontario PD Policy Manual Section 900.4: procedures. Initiating Temporary Custody and Section ☒ ☐ ☐ 900.11: Suicide Attempt, Death or Serious Injury (g) Provisions for reporting suicides and suicides attempts. Ontario PD Policy Manual Section 900.11: ☒ ☐ ☐ Suicide Attempt, Death or Serious Injury (h) Multi-disciplinary administrative review of suicides and Ontario PD Policy Manual Section 900.11: attempted suicides as defined by the facility ☒ ☐ ☐ Suicide Attempt, Death or Serious Injury administrator. 1032 FIRE SUPPRESSION PREPLANNING Ontario PD Policy Manual Section 900.5: Fire Safety Pre-Plan and 900.5.1: Fire Pursuant to Penal Code Section 6031.1(b), the facility Procedures administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire Ontario PD Policy Manual Section 900.5: department to be included as part of the policy and procedures Fire Safety Pre-Plan manual (Title 15, California Code of Regulations Section ☒ ☐ ☐ 1029); The Fire Suppression Pre Plan was reviewed and approved on April 19, 2022. 4374 San Bernardino Ontario 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 (b) regular fire prevention inspections by facility staff on a Ontario PD Policy Manual Section 900.5: monthly basis with two-year retention of the inspection Fire Safety Pre-Plan record; Custodial supervisor or designee (generally ☒ ☐ ☐ the lead jailer) inspects the facility and documents the results monthly. All documentation was provided for our review. (c) fire prevention inspections as required by Health and Ontario PD Policy Manual Section 900.5: Safety Code Section 13146.1(a) and (b) which requires Fire Safety Pre-Plan inspections at least once every two years; ☒ ☐ ☐ The facility was last inspected on May 5, 2022, by the City of Ontario Fire Department (d) an evacuation plan; and Ontario PD Policy Manual Section 900.6: Evacuation of Temporary Holding Facility, ☒ ☐ ☐ 900.6.3: Emergency Evacuation and 900.6.4: Evacuation Formation Area (e) a plan for the emergency housing of inmates in the case of Ontario PD Policy Manual Section fire. 900.5.1(g): Fire Procedures ☒ ☐ ☐ If prisoners need to be moved due to fire, they would be transported to the County Jail. 1044 INCIDENT REPORTS Ontario PD Policy Manual Section 900.7.8: Reporting Physical Harm or Serious Threat Each facility administrator shall develop written policies and of Physical Harm procedures for the maintenance of written records and reporting of all incidents which result in physical harm, or ☒ ☐ ☐ Agency had no reports to provide. There serious threat of physical harm, to an employee or inmate of were no reports written this cycle. If an a detention facility or other person. incident report would need to be written, Jail staff would write the report as a standalone report. Such records shall include the names of the persons Ontario PD Policy Manual Section 900.7.8: involved, a description of the incident, the actions taken, and Reporting Physical Harm or Serious Threat ☒ ☐ ☐ the date and time of the occurrence. of Physical Harm Such a written record shall be prepared by the staff assigned Ontario PD Policy Manual Section 900.7.8: to investigate the incident and submitted to the facility Reporting Physical Harm or Serious Threat manager or his/her designee. ☒ ☐ ☐ of Physical Harm 1046 DEATH IN CUSTODY Ontario PD Policy Manual Section 900.11: 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. 4374 San Bernardino Ontario 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 Deaths shall be reviewed to determine the appropriateness of Ontario PD Policy Manual Section 900.11: 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 Ontario PD Policy Manual Section 324.12: In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Suicide attempt, Death or Serious Injury of lockup, or court holding facility: a Juvenile (1) The administrator of the facility shall provide to the Ontario PD Policy Manual Section 324.12: Board a copy of the report submitted to the Attorney Suicide attempt, Death or Serious Injury of General under Government Code Section 12525. A copy ☒ ☐ ☐ a Juvenile 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 Ontario PD Policy Manual Section 324.12: administrator, the Board may within 30 calendar days Suicide attempt, Death or Serious Injury of inspect and evaluate the jail, lockup, or court holding a 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 Ontario PD Policy Manual Section 900.4.1 Screening and Placement (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written Prisoner classification documentation classification plan designed to properly assign inmates to provided for review. Each prisoner coming housing units and activities according to the categories of sex, into the facility is reviewed for classification age, criminal sophistication, seriousness of crime charged, purposes. All documentation was found to physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed be complete. 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 Ontario PD Policy Manual Section 900.4.1 for male or female inmates, and in making other housing and Screening and Placement programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the Each booking reviewed had a PREA inmate's health and safety, and whether the placement would present management or security problems. An inmate's own ☒ ☐ ☐ assessment completed. Prisoner views with respect to his or her own safety shall be given vulnerability is assessed and addressed at serious consideration. intake as part of the classification decision. Agency completes a PREA Risk Assessment on all prisoners entering the facility. 4374 San Bernardino Ontario 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 1051 COMMUNICABLE DISEASES Ontario PD Policy Manual Section 900.4: Initiating Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ 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 Ontario PD Policy Manual Section 900.4: made of the person being booked as to whether or not he/she Initiating Temporary Custody has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ Documentation reviewed also included any other communicable diseases, or other special medical problem identified by the health authority. The response medical screenings. Medical screenings are shall be noted on the booking form and/or screening device. conducted on each person entering the facility to ensure they are safe to enter. 1052 MENTALLY DISORDERED INMATES Ontario PD Policy Manual Section 900.3.1: Individuals Who Shall not be in Temporary The facility administrator, in cooperation with the Custody responsible physician, shall develop written policies and ☒ ☐ ☐ procedures to identify and evaluate all mentally disordered Any prisoner who appears to be mentally inmates, and may include telehealth. disordered is immediately transported to the County Jail or to the hospital/mental health facility. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION Ontario PD Policy Manual Section 900.3.1: Individuals Who Shall not be in Temporary Except in Type IV facilities, each facility administrator shall Custody develop written policies and procedures which provide for the administrative segregation of inmates who are Any prisoner who needs to be determined to be prone to: promote activity or behavior that administratively segregated is immediately is criminal in nature or disruptive to facility operations; transported to the County Jail or to the demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ hospital/mental health facility. 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. 4374 San Bernardino Ontario 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 1055 USE OF SAFETY CELL Ontario Police Department does not have a Safety Cell. This entire section is marked as The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ NA 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 NA 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 NA ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the NA 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 NA 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 NA ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care NA 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 NA every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of NA ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be NA 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 Ontario PD Policy Manual Section 900.10.1: Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ All persons placed in the sobering cell are threat to their own safety or the safety of others due to their medically screened and assessed for safety state of intoxication and pursuant to written policies and before placement. procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they Ontario PD Policy Manual Section are able to continue in the processing. 900.10.1(d): Use of Sobering Cell ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six Ontario PD Policy Manual Section hours without an evaluation by a medical staff person or an 900.10.1(c): Use of Sobering Cell evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ procedures in accordance with section 1213 of these There were no persons held over 6 hours. regulations, to determine whether the prisoner has an urgent medical problem. 4374 San Bernardino Ontario 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 At 12 hours from the time of placement, all inmates will Ontario PD Policy Manual Section receive an evaluation by responsible health care staff. 900.10.1(c): Use of Sobering Cell ☒ ☐ ☐ There were no persons held past 12 hours. Intermittent direct visual observation of inmates held in the Ontario PD Policy Manual Section sobering cell shall be conducted no less than every half hour. 900.10.1(b): Use of Sobering Cell Such observation shall be documented. ☒ ☐ ☐ Safety checks are required every 30 minutes. Documentation reviewed was compliant. 1057 DEVELOPMENTALLY DISABLED Ontario 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 Any person who appears to be procedures for the identification and evaluation, appropriate developmentally disabled is immediately classification and housing, protection, and transported to the County Jail. nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional Ontario PD Policy Manual Section 900.3.1: center on any inmate suspected or confirmed to be Individuals Who Shall not be in Temporary developmentally disabled for the purposes of diagnosis Custody and/or treatment within 24 hours of such determination, ☒ ☐ ☐ excluding holidays and weekends. County Jail staff contact the Regional Center for any person identified as or suspected to be developmentally disabled. 1058 USE OF RESTRAINT DEVICES Ontario PD utilizes a restraint chair that is located outside the facility in an alternative The facility administrator, in cooperation with the area and is only used for the purpose of responsible physician, shall develop written policies and ☒ ☐ ☐ blood draws. This section is marked NA. procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this NA. regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate NA. ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ NA. protective housing of restrained persons; ☐ ☐ ☒ NA. provision for hydration and sanitation needs; and ☐ ☐ ☒ NA. exercising of extremities. ☐ ☐ ☒ NA. In no case shall restraints be used for punishment or as a NA. ☐ ☐ ☒ substitute for treatment. 4374 San Bernardino Ontario 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 Restraint devices shall only be used on inmates who display NA. 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 NA. 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 NA. ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours NA. ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with NA. 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 NA. 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 NA. 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 NA. handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES Ontario PD Policy Manual Section 306.3.2: Restraint of Pregnant Persons The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after Ontario PD Policy Manual Section 306.3.2: delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ Restraint of Pregnant Persons waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in Ontario PD Policy Manual Section 306.3.2: recovery after delivery, shall not be restrained by the ☒ ☐ ☐ Restraint of Pregnant Persons 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 Ontario PD Policy Manual Section 306.3.2: who is currently responsible for the medical care of a Restraint of Pregnant Persons 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 Ontario PD Policy Manual Section 306.3.2: shall be advised, orally or in writing, of the standards ☒ ☐ ☐ Restraint of Pregnant Persons and policies governing pregnant inmates. 4374 San Bernardino Ontario 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 1067 ACCESS TO TELEPHONE Ontario PD Policy Manual Section 900.7.5: Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone Prisoners are allotted unlimited phone calls beyond those telephone calls which are required by Section if they choose to make calls. These calls are 851.5 of the Penal Code. documented on the Booking Intake form. 1068 ACCESS TO COURTS AND COUNSEL The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these Unlimited mail does not apply to Temporary ☒ ☐ ☐ regulations, and Holding Facilities. (b) confidential consultation with attorneys. Ontario PD Policy Manual Section 900.7.5: Telephone Calls ☒ ☐ ☐ Prisoners have access to telephones in which to contact their attorneys and may consult with them confidentially. Phone calls to attorneys are unlimited. 1080 RULES AND DISCIPLINARY PENALTIES Ontario PD Policy Manual Section 900.7.9: 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 the prisoner ☐ ☐ ☒ repeatedly fails to follow directions or facility rules, he or she will be transported immediately to the County Jail. This entire section is marked as NA. Such rules and disciplinary penalties shall be stated simply NA 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 NA 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 Ontario PD Policy Manual Section 900.7.9: 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. This entire section is marked as NA. Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- NA 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. 4374 San Bernardino Ontario 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 (b) Punitive Actions: Major violations of facility rules or NA 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. ☐ ☐ ☒ NA 2. Placement in disciplinary separation. ☐ ☐ ☒ NA 3. Disciplinary separation diet. ☐ ☐ ☒ NA 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ NA A staff member with investigative and punitive authority NA shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are NA ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on NA with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice NA ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be NA 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 NA 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 NA after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary NA 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 NA 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 NA ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator NA 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 NA conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 4374 San Bernardino Ontario PD TH PRO 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE Ontario PD Policy Manual Section 900.7.9: 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 Ontario PD Policy Manual Section 900.7.9: 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: (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ marked as NA. consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the NA 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 NA 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 NA 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary NA 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. ☐ ☐ ☒ NA (g) The disciplinary separation diet described in section NA 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. 4374 San Bernardino Ontario PD TH PRO 20-22 - 16 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) In addition to the provisions of Section 1247, the NA 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 NA manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except NA 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 NA ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Ontario PD Policy Manual Section 900.7.9: 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. This entire section is copies of rule violation reports and report of the disposition marked as NA. of each. 1280 FACILITY SANITATION, SAFETY, AND MAINTENANCE The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of ☒ ☐ ☐ cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping 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 Yes. Minors may be held in either secure or non- detention of minors: detention. (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 There are two sides to the jail: a juvenile and an secure detention in the jail. Title 15, Article 9 establishes adult side. Minors are brought into the facility for ☒ ☐ the minimum standards of how facilities hold minors in processing but are not held in the cells for any temporary custody in the jail. amount of time. If secure detention is necessary, youth are secured to a cuffing rail. Technical Facilities that do not hold minors in the jail are not subject assistance was provided regarding this practice in to Title 15, Article 9 biennial inspections. that youth were in some cases being held longer 4374 San Bernardino Ontario PD TH PRO 20-22 - 17 - A351 TH PRO eff. 1/2019 (20-22).dot than an hour on a cuffing rail. This process will stop. Youth will either be transitioned to a cell or will not be held beyond the hour. Technical assistance also provided regarding youth may not remain in the jail area for temporary unsecured holding. They must be moved to the unsecured space within the police agency after processing. 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 Ontario PD Policy Manual Section 324.12: MINOR IN AN ADULT DETENTION Suicide Attempt, Death, or Serious Injury of FACILITY a Juvenile ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES Ontario PD Policy Manual Section 324: 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; Ontario PD Policy Manual Section 324.3.2: ☒ ☐ ☐ Suicide Prevention of Juveniles in Custody (b) use of restraints; Ontario PD Policy Manual Section 324.9: ☒ ☐ ☐ Use of Restraint Devices (c) emergency medical assistance and services; and Ontario PD Policy Manual Section 324.3.1: ☒ ☐ ☐ Emergency Medical Care of Juveniles in Custody (d) prohibiting use of discipline. Ontario PD Policy Manual Section 324.8(o): ☒ ☐ ☐ Temporary Custody Requirements 1143 CARE OF MINORS IN TEMPORARY Ontario PD Policy Manual Section 324.8: 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; Ontario PD Policy Manual Section 324.8e: ☒ ☐ ☐ Temporary Custody Requirements (2) one snack upon request during term of temporary Ontario PD Policy Manual Section 324.8f: custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ Temporary Custody Requirements hours or is otherwise in need of nourishment; 4374 San Bernardino Ontario 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 (3) access to drinking water; and Ontario PD Policy Manual Section 324.8g: ☒ ☐ ☐ Temporary Custody Requirements (4) privacy during consultation with family, guardian, Ontario PD Policy Manual Section 324.8i: and/or lawyer. ☒ ☐ ☐ Temporary Custody Requirements (5) blankets and clothing, as necessary, to assure the Ontario PD Policy Manual Section 324.8k: comfort of the minor; and ☒ ☐ ☐ Temporary Custody Requirements (6) his or her personal clothing unless the clothing is Ontario PD Policy Manual Section 324.8j: 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 Ontario PD Policy Manual Section 324.7: ADULT PRISONERS No 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, Ontario PD Policy Manual Section 324.7: such as booking or facility movement, facility staff (trained No 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 Ontario PD Policy Manual Section 324.11: 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 Ontario PD Policy Manual Section 324.11a: serious security risk of harm to self or others, the officer may ☒ ☐ ☐ Secure Custody 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 Ontario PD Policy Manual Section 324.11b: ☒ ☐ ☐ taken into custody; Secure Custody (c) minor's behavior, including the degree to which the Ontario PD Policy Manual Section 324.11c: ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Secure Custody 4374 San Bernardino Ontario PD TH PRO 20-22 - 19 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (d) the availability of staff to provide adequate Ontario PD Policy Manual Section 324.11d: ☒ ☐ ☐ supervision or protection of the minor; and Secure Custody (e) the age, type, and number of other individuals who Ontario PD Policy Manual Section 324.11e: ☒ ☐ ☐ are detained in the facility. Secure Custody 1146 CONDITIONS OF SECURE CUSTODY Ontario PD Policy Manual Section 324.11: Definitions 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 Ontario PD Policy Manual Section CUSTODY INSIDE A LOCKED 321.11.1a: Locked Enclosures ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; and Ontario PD Policy Manual Section ☒ ☐ ☐ 321.11.1b: Locked Enclosures (2) safety checks, as defined in Section 1006, of the Ontario PD Policy Manual Section minor by staff of the law enforcement facility, at ☒ ☐ ☐ 321.11.1d: Locked Enclosures least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same Ontario PD Policy Manual Section locked room unless under constant direct visual ☒ ☐ ☐ 321.11.1e: Locked Enclosures observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE Ontario PD Policy Manual Section 324.11: CUSTODY OUTSIDE OF A LOCKED Secure Custody ENCLOSURE At inspection, it was noted most of the youth Minors held in secure custody outside of a locked held in secure detention were held attached to enclosure shall not be secured to a stationary object for a stationary cuffing attachment for longer more than 60 minutes unless no other locked enclosure is than one hour when the facility has cells available. available. (Locked Enclosures) ☒ ☐ ☐ Agency has addressed and corrected this issue. Youth who require secure detention are initially secured through either the use of a cuffing fixture or through the use of a cell. If detention extends beyond 1 hour, any youth secured to a cuffing fixture, will be transitioned to a cell. A staff person from the facility shall provide constant Ontario PD Policy Manual Section 324.11: direct visual observation to assure the minor's safety while Secure Custody secured to a stationary object. ☒ ☐ ☐ Jail staff provided constant, direct visual supervision of all youth in call cases. 4374 San Bernardino Ontario PD TH PRO 20-22 - 20 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Securing minors to a stationary object for longer than 60 Ontario PD Policy Manual Section 324.11: minutes, and every 30 minutes thereafter, shall be Secure Custody approved by a supervisor. Facility Watch Commander was noted however, it was not noted if approval was initially granted for detention in all cases for ☒ ☐ ☐ secure detention. Regulation does not allow for over an hour and regardless, was not documented as such. As policy has been updated, this issue no longer exists. The decision for securing a minor to a stationary object for Ontario PD Policy Manual Section 324.11: 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. ☒ ☐ ☐ Youth will be placed in a cell if secure custody is required after 60 minutes. 1149 CRITERIA FOR NON-SECURE Ontario PD Policy Manual Section 324.4: CUSTODY Custody of Juveniles and Section 324.4.3 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) Most of the youth held are held in non-secure of the Welfare and Institutions Code, may be held in non- custody. The Facility Sergeant stated that secure custody to investigate the case, facilitate release of ☒ ☐ ☐ non-secure youth should not be held in the the minor to a parent or guardian, or arrange for transfer of jail area longer than necessary for processing. the minor to an appropriate juvenile facility. Youth should be held in soft room outside of processing only moving forward. Only if exigent circumstances exist will a youth be placed in secure custody. 1150 SUPERVISION OF MINORS IN NON- Ontario PD Policy Manual Section 324.6: SECURE CUSTODY Juvenile Custody Logs Minors held in non-secure custody shall receive constant Entry and release times are documented on direct visual observation by staff of the law enforcement ☒ ☐ ☐ the detention log. 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 Ontario PD Policy Manual Section 324.3: ANY INTOXICATING SUBSTANCE IN SECURE OR Juvenile Custody Logs NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☒ ☐ ☐ Policy requires a medical clearance be providing that a medical clearance shall be obtained for obtained. 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. 4374 San Bernardino Ontario PD TH PRO 20-22 - 21 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in secure custody in a locked room Ontario PD Policy Manual Section 324.11.1 who display outward signs of being under the influence of Locked Enclosures drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety If a youth were to be held in a cell, safety checks shall be documented, with actual time of occurrence checks by policy are to be conducted within recorded. every 15 minutes. Supervision of minors in secure custody outside of a locked Ontario PD Policy Manual Section 324.11.1 room who display outward signs of being under the Locked Enclosures influence of drugs, alcohol or any other intoxicating substance shall be supervised in accordance with Section 1148. 3 youth were found to be under the influence. All were held securely as they became uncooperative and refused to follow instructions. All 3 were secured by cuffing ☒ ☐ ☐ rail and were under constant visual observation of the jail staff. Their detention was approved by the watch commander. Technical assistance provided regarding watch commander responsibilities and documentation reporting requirements for future entries. Supervision of minors in nonsecure custody who display Ontario PD Policy Manual Section 324.1.1: outward signs of being under the influence of drugs, alcohol Definitions or any other intoxicating substance shall be supervised in ☒ ☐ ☐ accordance with Section 1150. 4374 San Bernardino Ontario PD TH PRO 20-22 - 22 - 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 ☒ ☐ ☐ Number of violations: 0 guardian, or arranging transfer to an appropriate juvenile facility. 207.1(b)(1)(B) SECURE CUSTODY Number of violations: 0 Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. 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 ☒ ☐ ☐ Number of violations: 0 length of time the secure detention is expected to last, 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 ☒ ☐ ☐ Number of violations: 0 circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(b)(2) NON-SECURE CUSTODY Number of violations: 0 Minors have been detained in non-secure custody in the ☒ ☐ ☐ law enforcement facility for longer than six hours. 4374 San Bernardino Ontario PD TH PRO 20-22 - 23 - 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 BSCC Code: 4374 FACILITY NAME: Ontario Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: X OTHER: FIELD REPRESENTATIVE: Lisa Southwell DATE: 07/15/2022 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) X Contains a weapons locker, designed as outlined in these regulations. Contains a cell or room for confinement pending booking X Contains a detoxification cell (WA in TH; NA in CH) X 01: Name changed to “sobering cell.” 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X 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 Telephones located outside of 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 Nine-foot ceiling height. 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 X Inmates are held no longer than 6 hours. Temporary Staging Cell or Room (2.3) X Holds inmates classified and segregated per Title 15 § 1050 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 4374\San Bernardino\Ontario PD TH\PHY \20-22; - 1 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) TITLE 24 SECTION YES NO N/A COMMENTS Provides for clear visual supervision by staff X Detoxification/Sobering Cell (2.4) X 01: Name change to “sobering cell” 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 Nine-foot ceiling height. 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 X facility. Safety Cell (2.5) X No safety cell. Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more 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 X inches wide nor less than 24 inches long, which provide a view of the entire cell Has a food pass with lockable shutter no more than 4 inches X high and, with between 26 and 32 inches from the bottom of the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible to X inmate occupant. Safety Equipment Storage (2.19) X Adequate space is provided to store equipment such as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) X Lockable, containing a mop sink and storage space 01: Mop sink may be separate from janitors’ closet 4374\San Bernardino\Ontario PD TH\PHY \20-22; - 2 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) TITLE 24 SECTION YES NO N/A COMMENTS Audio or Visual Monitoring (2.22) X There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is use, it is located primarily in corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. Emergency Power (2.24) X There is an emergency power source available and capable of providing minimal lighting in all areas and maintaining fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) X Facility has a pre booking area with a toilet that Provide for inmate privacy/modesty with staff being able to has exposed plumbing. Per facility staff, this area visual supervise; provided at a ratio of 1:16 in holding and is only used by staff/LEO. Discussed that as staging cells. See regulation for calculations of urinal plumbing is exposed, prisoners should not have substitutions. access to the area unattended or unsupervised. There are additional toilets in the jail and for prisoner use. Washbasins (3.2) X Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) X 2-99: Available in each temporary holding, staging and sobering cell. Water outlet (bubbler) is mechanically actuated and at an X angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the water outlet (bubbler). 2-99: Mouth guard requirement deleted Showers (3.4) (NA in CH) X Available in the security area; provide hot and cold or tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. 4374\San Bernardino\Ontario PD TH\PHY \20-22; - 3 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) TITLE 24 SECTION YES NO N/A COMMENTS Beds/Bunks (3.5) X Inmates not held longer than 6 hours. (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. Lighting (3.6) X Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) X Windows that are accessible to inmates are no greater than 5 inches in on dimension. Cell Padding (3.8) X The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and everything on them are padded. All padded cells are equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at X least ½ inch thick; of a unitary or laminated construction; firmly bonded to all surfaces; and, without exposed seams. Seating (3.10) X Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) X (NA type IV and Minimum Security Facilities) A secure weapons locker is located outside the security perimeter of the facility and no weapons are brought into the security area. Lockers have individual compartments, locks and keys. 4374\San Bernardino\Ontario PD TH\PHY \20-22; - 4 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) TITLE 24 SECTION YES NO N/A COMMENTS Design Requirements (102(c)6) X Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 4374\San Bernardino\Ontario PD TH\PHY \20-22; - 5 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 4374 FACILITY: Ontario Police Department TYPE: TH RC: (44) FIELD REPRESENTATIVE: Lisa Southwell DATE: July 15, 2022 ROOMS EACH ROOM EACH CELL FIXTURES* Cell Applicable # DIMENSIONS Location Total RC Type Standards Cells (L x W x H) # Beds RC T U W F S Juvenile holding area 1 Holding 2001 1 0 (8) (8) 11'4" x 8'1" 1 1 1 Notes: Seating for 8. 2 Holding 2001 1 0 (8) (8) 12'2" x 8'1" 1 1 1 Notes: Seating for 8. Adult holding area 3 Sobering 2001 1 0 (8) (8) 10'8" x 16'9" 1 1 1 Notes: 175 sq. ft. (Plumbing chase typical @ 3'4" x 2'6" / 2 = 4 sq. ft.) Shower in booking area. 4 Holding 2001 1 0 (6) (6) 8' x 10' 1 1 1 Notes: Seating for 6. 5 Holding 2001 1 0 (6) (6) 8' x 10' 1 1 1 Notes: Seating for 6. 6 Holding 2001 1 0 (6) (6) 8' x 10' 1 1 1 Notes: Seating for 6. 7 Holding 2001 1 0 (2) (2) 7'4" x 8'7" 1 1 1 Notes: Seating for 2. This is an ADA cell that is currently being used as a staff restroom. 2020-2022: No Changes *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. 4374 San Bernardino Ontario PD TH LASE 20-22 - 1 - A360 LAS Adult.dot (03/01)