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

November 20, 2019 Derrick Williams, Chief Ontario Police Department 2500 S. Archibald Ontario, CA 91761 2018-2020 BIENNIAL INSPECTION PURSUANT TO PENAL CODE 6031 Dear Chief Williams: On June 14, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Ontario 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 December 18, 2018 Medical and Mental Health March 24, 2018 Nutritional Health March 24, 2018 Environmental Health March 24, 2018 BSCC INSPECTION The inspection consisted of a review of the Ontario Police Department’s Temporary Holding Facility Policy and Procedure Manual, a site visit to review operations, physical plant and relevant documentation. 4374\San Bernardino County\Ontario Police Department TH 18-20;11/20/19 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: Christine Galvez, Sergeant FIELD REPRESENTATIVE: Lisa Southwell DATE: June 14, 2019 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 jail staff (GEO Corporation) and supervisors of, a Court Holding or Temporary Holding agency Sergeants and Lieutenants have been facility shall complete 8 hours of specialized training. Such trained 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 being scheduled to attend as Core training, pursuant to Section 1020, Corrections Officer available Core Course, may be substituted for the initial eight hours of 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. Jailers completed update training in March 2019. All Sergeants and Lieutenants were trained in September and October 2018 1027 NUMBER OF PERSONNEL Agency contracts with the GEO Corporation for the jail staffing. There are currently 6 jailers who staff the jail including a supervisor. A sufficient number of personnel shall be employed in each local detention facility to ensure the implementation and ☒ ☐ ☐ operation of the programs and activities required by these regulations. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 1 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 complete all paperwork and jail inmates in the event of an emergency. functions are completed by jail staff. 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 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. If a female prisoner is brought into the facility, there is a female jailer present. If a female jailer is not present, a female officer is called ☒ ☐ ☐ into the jail to conduct the search, complete the processing and the female prisoner will be immediately transported to the County Jail, hospital or mental health facility. Documentation was not consistently clear to show that a female staff member was present. Agency staff immediately updated the classification form to address this. 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 recruits to fill vacancies. 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 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 Checks were all completed at random and more than a 60-minute lapse between safety checks. varied intervals within 60 minutes. ☒ ☐ ☐ 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 Ontario PD Policy Manual Section 900.10(e)2 routine safety checks. Safety checks are completed and documented on each individual prisoner. 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 Staff are trained in Fire and Life Safety as part standards established by the BSCC for general fire and life of the agencies initial and ongoing training. 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 review. It was last updated in June 2019. The Policy is Facility administrator(s) shall develop and publish a manual available to staff electronically and can be of policy and procedures for the facility. The policy and printed as needed. procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a 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 Ontario PD Policy Manual Section 900.3.3: communications. Department Organization and Responsibility ☒ ☐ ☐ There is a table of contents for the manual. Section 900.3.3 provides for the Department’s Organization and Responsibility of key personnel. (2) Inspections and operations reviews by the facility Ontario PD Policy Manual Section 900.7.1: administrator/manager. Temporary Custody Logs The custodial supervisor is responsible for ☒ ☐ ☐ making periodic checks to ensure all log entries and safety checks are completed on time. Documentation reviewed showed that the supervisor reviews these documents and has added a signature line to confirm her review. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 3 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 in custody’s in the THJ. All sections apply with the exception of 300.4.1 and 300.4.2 (4) Policy on the use of restraint equipment, including the Ontario PD Policy Manual Section 900.8.31: restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Pregnant Adults provides clarification via Section 3407. 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. ☒ ☐ ☐ If an individual is arrested for a misdemeanor or violation of a city ordinance, the individual 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 cell is searched before and after a person is placed into it. Each individual is searched before placing them into the holding cell. (C) contraband control, and, Ontario PD Policy Manual Section 900.10: Holding Cells ☒ ☐ ☐ Each cell is searched before and after a person is placed into it. Each individual is searched before placing them into the holding cell. (D) key control. Ontario PD Policy Manual Section 900.14.1: ☒ ☐ ☐ Key Control 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 4 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 Memo Dated April 23, 2019 to prevention of sexual abuse and sexual harassment. was received. The memo was vague as to what specifically was reviewed but noted that all functions were completed as part of the review. ☒ ☐ ☐ In discussion at inspection, it seems agency conducted a very thorough review operationally, but did not document the specific areas they reviewed. Technical Assistance provided and discussed providing a more detailed document as to what was reviewed in the future. (7) Emergency procedures include: Ontario PD Policy Manual Section 900.5: Fire (A) fire suppression preplan as required by section ☒ ☐ ☐ 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 900.14.8: chemical agents, and related security devices. ☒ ☐ ☐ 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 (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. (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 ☒ ☐ ☐ agency staff member. Staff must inform harassment, and staff neglect or violation of prisoners at intake at least one way to report. responsibilities that may have contributed to such incidents, Signs were posted in the Jail intake area but not in the physical jail. Additional signs are being made and will be posted when received. 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 5 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved inmates, family, Ontario PD Policy Manual Section 904.3(h): community members, and other interested third-parties Publishing on the Department’s Website to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the Agency has posted signs in the lobby and are in facility. the process up updating their agency website with this information. 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, If a person indicates any risk for suicide, he or in conjunction with the health authority and mental health she is 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. If a person is later include the following: found 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 ☒ ☐ ☐ All staff are trained in suicide prevention in the initial jail training and ongoing though required refresher training. (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 coming in to the jail are screened for suicide risk before being placed into a cell. ☒ ☐ ☐ This information is logged for each prisoner coming in. (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. (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 (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 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 6 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 Procedures Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ Agency has approved their fire suppression pre- having jurisdiction over the facility, with the State Fire plan with the Ontario Fire Department. The Marshal, or both, in developing a plan for fire suppression plan contains all areas required by regulation. 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: Fire department to be included as part of the policy and procedures Safety Pre-Plan manual (Title 15, California Code of Regulations Section ☒ ☐ ☐ 1029); Fire Suppression Pre Plan was reviewed and approved on June 11, 2019. (b) regular fire prevention inspections by facility staff on a Ontario PD Policy Manual Section 900.5: Fire monthly basis with two-year retention of the inspection Safety Pre-Plan record; ☒ ☐ ☐ Custodial supervisor or designee inspects the facility and documents the results monthly. Agency had all documentation to show inspections were completed. (c) fire prevention inspections as required by Health and Ontario PD Policy Manual Section 900.5: Fire Safety Code Section 13146.1(a) and (b) which requires Safety Pre-Plan inspections at least once every two years; ☒ ☐ ☐ The facility was last inspected on 12/18/2018 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 900.5.1(g): fire. Fire Procedures ☒ ☐ ☐ If prisoners need to be moved due to fire, they will be transported to the County Jail. 1044 INCIDENT REPORTS Ontario PD Policy Manual Section 900.7.8: 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 that is written, is completed serious threat of physical harm, to an employee or inmate of as a supplement to the originating crime report a detention facility or other person. and stored accordingly. Agency has no reports to provide. 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 of ☒ ☐ ☐ the date and time of the occurrence. Physical Harm 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 assigned Ontario PD Policy Manual Section 900.7.8: to investigate the incident and submitted to the facility Reporting Physical Harm or Serious Threat of ☒ ☐ ☐ manager or his/her designee. 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. 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 a lockup, or court holding facility: 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 a General under Government Code Section 12525. A copy ☒ ☐ ☐ 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 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 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 Every prisoner is classified at intake and before classification plan designed to properly assign inmates to being placed in a cell. Prisoner classification housing units and activities according to the categories of sex, forms were provided for our review and found age, criminal sophistication, seriousness of crime charged, to be compliant with regulation and policy. physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 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 ☒ ☐ ☐ Prisoner vulnerability is assessed and addressed inmate's health and safety, and whether the placement would at intake as part of the classification decision. present management or security problems. An inmate's own Agency completes a PREA Risk Assessment on views with respect to his or her own safety shall be given all prisoners entering the facility. serious consideration. 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 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 shall be noted on the booking form and/or screening device. Documentation reviewed confirmed compliance with regulation. 1052 MENTALLY DISORDERED INMATES Ontario 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 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. 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 9 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1053 ADMINISTRATIVE SEGREGATION Ontario PD Policy Manual Section 900.3.1: Individuals Who Shall not be in Temporary Custody Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are Any prisoner is 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 hospital/mental health facility. 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 Ontario Police Department does not have a Safety Cell. This entire section is marked as NA The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued retention every 24 hours thereafter. ☐ ☐ ☒ The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 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 housed 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 being placed in the sobering cell. procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they Ontario PD Policy Manual Section 900.10.1(d): are able to continue in the processing. Use of Sobering Cell ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six Ontario PD Policy Manual Section 900.10.1(c): hours without an evaluation by a medical staff person or an Use of Sobering Cell 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 Ontario PD Policy Manual Section 900.10.1(c): receive an evaluation by responsible health care staff. ☒ ☐ ☐ Use of Sobering Cell Intermittent direct visual observation of inmates held in the Ontario PD Policy Manual Section 900.10.1(b): sobering cell shall be conducted no less than every half hour. Use of Sobering Cell Such observation shall be documented. ☒ ☐ ☐ Staff are required to conduct a safety check at least once every 30 minutes. Documentation reviewed was compliant with regulation. 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 developmentally procedures for the identification and evaluation, appropriate disabled is immediately transported to the classification and housing, protection, and County Jail. nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional County Jail staff will contact the Regional center on any inmate suspected or confirmed to be Center for any prisoner identified as or developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ suspected to be developmentally disabled. and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES Ontario PD utilizes a restraint chair only for the purpose of blood draws. The chair is located outside the facility in an alternative area. This The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ 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 regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 11 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 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. 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 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. 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 ☒ ☐ ☐ Phone calls are documented on the Booking beyond those telephone calls which are required by Section Intake form. Prisoners receive their required 851.5 of the Penal Code. phone calls and can make additional calls upon request. 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 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. 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 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- 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. 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 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: 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. 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 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. 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. 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 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 16 - A352 TH PRO eff. 1/2019 (18-20).dot 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 Ontario PD Policy Manual Section 324.12: 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 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; (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 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 (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: 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, Ontario PD Policy Manual Section 324.7: 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 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 (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 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 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 321.11.1a: 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; Ontario PD Policy Manual Section 321.11.1b: ☒ ☐ ☐ and, Locked Enclosures (2) safety checks, as defined in Section 1006, of the Ontario PD Policy Manual Section 321.11.1d: 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 Ontario PD Policy Manual Section 321.11.1e: locked room unless under constant direct visual ☒ ☐ ☐ 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 ☒ ☐ ☐ 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 Ontario PD Policy Manual Section 324.11: direct visual observation to assure the minor's safety while ☒ ☐ ☐ Secure Custody secured to a stationary object. 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. 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. ☒ ☐ ☐ 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 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(d) ☒ ☐ ☐ Juvenile offenders should be held in non-secure of the Welfare and Institutions Code, may be held in non- custody while at the OPD unless exigent secure custody to investigate the case, facilitate release of circumstances exist. 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- 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 in the direct visual observation by staff of the law enforcement ☒ ☐ ☐ Juvenile Custody 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 Juveniles who are under the influence of drugs, alcohol or other intoxicating will be medically Facility administrators shall develop policies and procedures ☒ ☐ ☐ cleared before bringing them into the facility. 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 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 ☒ ☐ ☐ Youth held in secure detention are checked every resolution of the intoxicated state or release. These safety 15 minutes. checks shall be documented, with actual time of occurrence recorded. 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 Youth held in secure detention are checked every 1148. 15 minutes. 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 Youth held in non-secure detention are personally accordance with Section 1150. supervised by an officer with constant supervision. ☒ ☐ ☐ 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 juvenile Number of violations: 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: 2 207.1(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: 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: 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the Number of violations: 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: 4374\San Bernardino Co\Ontario PD TH\ PRO 18-20; 11/20/19 - 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 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: 06/14/2019 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 Co\Ontario PD TH\PHY 18-20; 11/20/2019 - 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 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. 4374\San Bernardino Co\Ontario PD TH\PHY 18-20; 11/20/2019 - 2 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) TITLE 24 SECTION YES NO N/A COMMENTS 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. 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. 4374\San Bernardino Co\Ontario PD TH\PHY 18-20; 11/20/2019 - 3 - A382 PHY CH-TH 94 99 01.dot (03/01; rev. 2/02)) TITLE 24 SECTION YES NO N/A COMMENTS 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. 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 Co\Ontario PD TH\PHY 18-20; 11/20/2019 - 4 - 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: June 14, 2019 ROOMS EACH ROOM EACH CELL FIXTURES* Cell Applicable DIMENSIONS Location # Cells Total RC Type Standards (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. *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 Co\Ontario PD TH\ LASE 18-20; 11/20/19 - 1 - A360 LAS Adult.dot (03/01)