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

November 20, 2019 Darren Goodman, Chief Upland Police Department 1499 West 13th Street Upland, CA 91786 2018-2019 BIENNIAL INSPECTION PURSUANT TO PENAL CODE 6031 Dear Chief Goodman: On June 12, 2019, staff of the Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Upland 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 facilities. Each of the local inspections were current with no corrective action. Inspections Fire and Life Safety October 19, 2017 Medical and Mental May 2, 2019 Health Nutritional Health May 2, 2019 Environmental Health May 2, 2019 4378\San Bernardino Co\Upland PD TH 18-20; 11/20/2019 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4378 FACILITY NAME: Upland Police Department (UPD) FACILITY TYPE: TH PERSON(S) INTERVIEWED: Commander Marcelo Blanco FIELD REPRESENTATIVE: Lisa Southwell DATE: June 12, 2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Upland PD Temporary Holding Rooms Policy HOLDING FACILITY TRAINING Section VI.A.1: Procedures Custodial personnel who supervise inmates in, and At inspection, staff were in the process of supervisors of, a Court Holding or Temporary Holding completing required trainings. All staff are facility shall complete 8 hours of specialized training. Such now current in all training requirements. 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 Upland PD Temporary Holding Rooms Policy any event not more than six months after the date of assigned Section VI.A.1: Procedures responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Staff who had not yet taken the initial training Core training, pursuant to Section 1020, Corrections Officer were trained in July and August 2019. Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once Upland PD Temporary Holding Rooms Policy every two years. Successful completion of the requirements Section VI.A.1: Procedures in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. ☒ ☐ ☐ All staff have recently completed the required refresher training. Training topics included Policy and Procedure Updates and Review, PREA, Tactical Communication and Use of Force. 1027 NUMBER OF PERSONNEL Agency is adequately staffed to ensure all required activities occur. 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. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 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 Upland PD Temporary Holding Rooms Policy least one employee on duty at all times in a local detention Section VI.D.1: Personnel Assignments facility or in the building which houses a local detention facility who shall be immediately available and accessible to ☒ ☐ ☐ Officers generally remain in the holding facility inmates in the event of an emergency. when a prisoner is in custody. If Officers must leave the area, prisoners are monitored from the Watch Commanders office. Such an employee shall not have any other duties which Upland PD Temporary Holding Rooms Policy would conflict with the supervision and care of inmates in Section VI.D.1: Personnel Assignments the event of an emergency. ☒ ☐ ☐ The arresting officer is responsible for the prisoner while in the jail. Whenever one or more female inmates are in custody, there Upland PD Temporary Holding Rooms Policy shall be at least one female employee who shall be Section VI.D.1: Personnel Assignments immediately available and accessible to such females. Note: Reference PC§ 4021. Per command staff, female staff are present in ☒ ☐ ☐ the building when a female prisoner is brought into the facility. Documentation was not consistently clear. Discussion was held regarding this area and agency updated their booking form immediately and corrected the discrepancy. To determine if there is a sufficient number of personnel for Staffing appears adequate based on information a specific facility, the facility administrator shall prepare and received. Agency actively recruits to fill retain a staffing plan indicating the personnel assigned in the vacancies as necessary. facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS Upland PD Temporary Holding Rooms Policy Section IX.A: Jail Checks Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no Safety Checks are conducted at least every hour more than a 60-minute lapse between safety checks. for non-intoxicated inmates. If a prisoner is ☒ ☐ ☐ intoxicated, supervision is increased based on intoxication levels and Watch Commander discretion. Documentation reviewed was compliant with regulation. There is a written plan that includes the documentation of Upland PD Temporary Holding Rooms Policy routine safety checks. Section IX.F: Jail Checks ☒ ☐ ☐ Safety checks are logged on the Jail Check Log. 1028 FIRE AND LIFE SAFETY STAFF Upland PD Temporary Holding Rooms Policy Section VII.A: Fire and Life Safety Staff 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 Upland PD Temporary Holding Rooms Policy person on duty who trained in fire and life safety procedures ☒ ☐ ☐ Section VII.A: Fire and Life Safety Staff that relate specifically to the facility. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 2 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Upland Police Department provided Chapter 11, Arrests, Detentions and Bookings-Holding Room for our review. Chapters 1 and 8 were Facility administrator(s) shall develop and publish a manual also provided for Use of Force and Chain of of policy and procedures for the facility. The policy and Command. Policy reviews were conducted by procedures manual shall address all applicable Title 15 and Administrative staff and updates were last Title 24 regulations and shall be comprehensively reviewed made in June 2019. Policy cites are noted as of and updated at least every two years. Such a manual shall be 6/18/2019. made available to all employees. ☒ ☐ ☐ The Policy is available to staff electronically The policies and procedures required in subsections (a)(6) via the agency intranet. Any changes to policy and (a)(7) may be placed in a separate manual to ensure are made and released to the field through the confidentiality. Subsections c and d do not apply and have chain of command. been deleted. Technical assistance discussed and provided (a) The manual for Temporary Holding, Type I, II, and III regarding future enhancements of policy and facilities shall provide for, but not be limited to, the procedure manual. following: (1) Table of organization, including channels of Upland PD Policy and Procedure Manual ☒ ☐ ☐ communications. Chapter 1.01. I (2) Inspections and operations reviews by the facility Upland PD Policy and Procedure Manual administrator/manager. Section XVI.A.5-6: Facility Sanitation and Safety ☒ ☐ ☐ Day shift Watch Commander conducts and documents monthly safety and fire inspections. Facility Administrator conducts a yearly inspection. Documentation reviewed was compliant with regulation and policy. (3) Policy on the use of force. Upland PD Policy and Procedure Manual ☒ ☐ ☐ Chapter 8. Agency Use of Force policy applies to the Temporary Holding Facility. (4) Policy on the use of restraint equipment, including the Upland PD Temporary Holding Rooms Policy restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section XI.8: Pregnant Inmates Section 3407. (5) Procedure and criteria for screening newly received Upland PD Temporary Holding Room Policy inmates for release per Penal Code sections 849(b)(2) and Section VI. D.2.Q: Booking Officer 853.6, and any other such processes as the facility ☒ ☐ ☐ administrator is empowered to use. Section refers to Manual Section 11.05: Arrest, Detention and Booking (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section X. A.1: Population Accounting (B) searches of the facility and inmates, Upland PD Temporary Holding Rooms Policy Section VI.D.2 a and b: Booking Officers Responsibilities and Section X.B.1: Holding Rooms ☒ ☐ ☐ Cells are searched before and after a prisoner is placed inside. Prisoners are searched prior to being placed in the cell. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 3 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) contraband control, and, Upland PD Temporary Holding Rooms Policy Section VI.D.2a and b: Booking Officers Responsibilities and Section X.B.1: Holding Rooms ☒ ☐ ☐ Cells are searched before and after a prisoner is placed inside. Prisoners are searched prior to being placed in the cell. (D) key control. Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section VI.D.2.n: Booking Officer Responsibilities Each facility administrator shall, at least annually, review, Upland PD Temporary Holding Rooms Policy evaluate, and make a record of security measures. The review Section VII.6: Annual Review and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific Security Review was completed June 11, 2013. to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: Upland PD Temporary Holding Rooms Policy (A) fire suppression preplan as required by section ☒ ☐ ☐ Section VII.3.1: Fire Suppression Preplanning 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section VII.4: Escapes, Disturbances, Taking of Hostages and Civil Disturbances (C) mass arrests; Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section VII.5: Mass Arrests Exceeding Holding Facility Capacity (D) natural disasters; Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section VII.3.2: Earthquake and other Natural Disasters (E) periodic testing of emergency equipment; and, Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section VII.3: Power Failure (F) storage, issue, and use of weapons, ammunition, Upland PD Temporary Holding Rooms Policy chemical agents, and related security devices. ☒ ☐ ☐ Section VI.D.2d: Booking Officers Responsibilities (8) Suicide Prevention. Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section XIV: Medical/Mental Health Services and VI.D.2e: Booking Officers Responsibilities (9) Segregation of Inmates. Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section XI.A: Segregation of Prisoners (10) Zero tolerance in the prevention of sexual abuse and Upland PD Temporary Holding Rooms Policy sexual harassment. ☒ ☐ ☐ Section XVII. A: Introduction (11) Policy and procedure to detect, prevent, and respond Upland PD Temporary Holding Rooms Policy to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Section XVII: Article 10. Sexual Abuse and any abuse. Sexual Harassment (e) The manual for Temporary Holding, Court Holding, Upland PD Temporary Holding Rooms Policy Type I, II, III, and IV facilities shall provide for, but not be Section XVII.H: Reporting Requirements limited to, the following: (1) multiple internal ways for inmates to privately report Signs were posted in the holding area in view sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ for all prisoners to see. inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 4 - 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, Upland PD Temporary Holding Rooms Policy community members, and other interested third-parties Section XVII.H: Reporting Requirements to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the Information is posted in the agency lobby. facility. 1030 SUICIDE PREVENTION PROGRAM Upland PD Temporary Holding Rooms XIV: Medical/Mental Health Service The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, If a person is found to be suicidal at any time, in conjunction with the health authority and mental health ☒ ☐ ☐ they are not to be brought into the Temporary director, to identify, monitor, and provide treatment to those Holding Facility. If they are found to later be inmates who present a suicide risk. The program shall suicidal, they will be placed on a constant include the following: visual and immediately transported to the local hospital for clearance. (a) Suicide prevention training for all staff that have direct Upland PD Temporary Holding Rooms Policy contact with inmates. ☒ ☐ ☐ Section VI.A.1: Procedures (b) Intake screening for suicide risk immediately upon Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ intake and prior to housing assignment. Section XIV.A.1: Medical Screening (c) Provisions facilitating communication among Upland PD Temporary Holding Rooms Policy arresting/transporting officers, facility staff, medical and Section XIV.A.1e: Medical Screening mental health personnel in relation to suicide risk. Arresting officer maintains supervision and ☒ ☐ ☐ responsibility of any prisoner. Officers communicate concerns with Watch Commanders as necessary (d) Housing recommendations for inmates at risk of suicide. Upland PD Temporary Holding Rooms Policy Section XIV.A.3.H: Medical Screening ☒ ☐ ☐ Persons at risk for suicide are not housed in the THF. They are transported to the County Jail or other medical/mental health facility. (e) Supervision depending on level of suicide risk. Upland PD Temporary Holding Rooms Policy Section XIV.3.H: Medical Screening ☒ ☐ ☐ Prisoners are risk of suicide are constantly supervised until transport to the County Jail or other medical/mental health facility. (f) Suicide attempt and suicide intervention policies and Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ procedures. Section XIV.A: Medical/Mental Health Service (g) Provisions for reporting suicides and suicides attempts. Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section XIV.C.4 (h) Multi-disciplinary administrative review of suicides and Upland PD Temporary Holding Rooms attempted suicides as defined by the facility ☒ ☐ ☐ XIV.A.3.I.1: Medical/Mental Health Service administrator. 1032 FIRE SUPPRESSION PREPLANNING Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire Facility Commander reported to have a positive department to be included as part of the policy and procedures working relationship with City Fire. ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section Collaboration has occurred via email and face 1029); to face at inspection 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 5 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) regular fire prevention inspections by facility staff on a Upland PD Temporary Holding Rooms Policy monthly basis with two-year retention of the inspection Section VII.3.1.1: Fire Suppression Preplanning record; Monthly inspections are to be conducted by the ☒ ☐ ☐ administrative division commander or a designee. While preparing for the inspection, it was noted the agency was not completing the inspections pursuant to regulation requirements. They have since corrected the issue and have completed the inspections as required. (c) fire prevention inspections as required by Health and Upland PD Temporary Holding Rooms Policy Safety Code Section 13146.1(a) and (b) which requires Section VII.3.1.2: Fire Suppression Preplanning inspections at least once every two years; ☒ ☐ ☐ The Fire Marshal inspects the facility annually. The last inspection occurred on 10/19/2017. Fire Clearance granted. (d) an evacuation plan; and, Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section VII.2.A.1.4: Procedure (e) a plan for the emergency housing of inmates in the case of Upland PD Temporary Holding Rooms Policy fire. Section VII.2.A.1.5: Procedure ☒ ☐ ☐ Prisoners would be evacuated to the West Valley Jail. 1044 INCIDENT REPORTS Upland PD Temporary Holding Rooms Policy Section X.C.1: Incident Reports Each facility administrator shall develop written policies and procedures for the maintenance of written records and Any incident report that would be written, is reporting of all incidents which result in physical harm, or completed as a supplement to the originating serious threat of physical harm, to an employee or inmate of crime report and stored accordingly. Agency a detention facility or other person. had no reports to provide. ☒ ☐ ☐ 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 6 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Such records shall include the names of the persons Upland PD Temporary Holding Rooms Policy involved, a description of the incident, the actions taken, and Section X.C.1: Incident Reports the date and time of the occurrence. ☒ ☐ ☐ Such a written record shall be prepared by the staff assigned Upland PD Temporary Holding Rooms Policy to investigate the incident and submitted to the facility Section X.C.1: Incident Reports manager or his/her designee. ☒ ☐ ☐ 1046 DEATH IN CUSTODY Upland PD Temporary Holding Rooms Policy Section X.C.3.a.a: Deaths (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 Upland PD Temporary Holding Rooms Policy clinical care; whether changes to policies, procedures, or Section X.C.3.a.a.6: Deaths ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Upland PD Temporary Holding Rooms Policy Board a copy of the report submitted to the Attorney Section X.C.3.a.a.4: Death General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the Upland PD Temporary Holding Rooms Policy administrator, the Board may within 30 calendar days Section X.C.3.a.a.6: Deaths inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 7 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN Upland PD Temporary Holding Rooms Policy Section VI.B: Use of Cells and XI: Classification and Segregation (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to Operationally, Officers do not place more than housing units and activities according to the categories of sex, one prisoner in a cell at one time and therefore age, criminal sophistication, seriousness of crime charged, were not completing classification forms. As physical or mental health needs, assaultive/non-assaultive this was not policy based, this has been behavior, risk of being sexually abused, or sexually harassed corrected and officers are now completing and other criteria which will provide for the safety of the classification sheets for all prisoners. ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be Documents reviewed were compliant with accomplished to the extent possible within the limits of the regulation. 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 Upland PD Temporary Holding Rooms Policy for male or female inmates, and in making other housing and Section XI.A.D Classification and Segregation programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ Classification document is inclusive of all inmate's health and safety, and whether the placement would requirements. present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES Upland PD Temporary Holding Rooms Policy Section XIV.A.1.F: Signs and Symptoms of Communicable Diseases 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 Upland PD Temporary Holding Rooms Policy made of the person being booked as to whether or not he/she Section XIV.A.1 and Section VI.D.2f: Medical has or has had any communicable diseases, such as Screening tuberculosis or has observable symptoms of tuberculosis or any other communicable diseases, or other special medical ☒ ☐ ☐ Medical screenings are conducted on every problem identified by the health authority. The response person entering the holding facility. A review shall be noted on the booking form and/or screening device. of documentation against the daily arrest report showed all were completed. Documentation reviewed confirmed compliance with regulation. 1052 MENTALLY DISORDERED INMATES Upland PD Temporary Holding Rooms Policy Section XI.A.E: Segregation of Prisoners and VI.D.2m: Booking Officer Responsibilities The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered Mentally disordered persons are segregated inmates, and may include telehealth. ☒ ☐ ☐ from any other inmate and immediately transported to the County Jail or psychiatric hospital. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 8 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 Upland PD Temporary Holding Rooms Policy the inmate or others. Section XIA.C. E: Segregation of Prisoners and VI.D.2m: Booking Officer Responsibilities ☒ ☐ ☐ Mentally disordered persons are segregated from any other inmate and immediately transported to the County Jail or hospital. 1053 ADMINISTRATIVE SEGREGATION Upland PD Temporary Holding Rooms Policy Section XI.A.C: Segregation of Prisoners Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and Upland PD Temporary Holding Rooms Policy secure housing but shall not involve any other deprivation of Section XI.A. E: Segregation of Prisoners ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL The facility does not have a Safety Cell. If a prisoner needs to be placed in a Safety Cell, he or she will be immediately transported to the The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ County Jail or to the hospital. All remaining 1231.2.5, shall be used to hold only those inmates who sections are marked as N/A 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. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 9 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL The facility does not have a Sobering Cell. If a prisoner needs to be placed in a Sobering Cell, he or she will be immediately transported to the The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ County Jail or to the hospital. All remaining sections are marked as N/A threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED Upland PD Temporary Holding Rooms Policy INMATES Section XI.A.E: Segregation of Prisoners The facility administrator, in cooperation with the Developmentally Disabled prisoners are ☒ ☐ ☐ responsible physician, shall develop written policies and segregated from any other inmate and procedures for the identification and evaluation, appropriate immediately transported to the County Jail or classification and housing, protection, and hospital. nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional Contact with Regional Center occurs at the center on any inmate suspected or confirmed to be County Jail. developmentally disabled for the purposes of diagnosis and/or treatment within 24 hours of such determination, excluding holidays and weekends. ☐ ☐ ☒ 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 10 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES Upland PD Temporary Holding Rooms Policy Section XI.B: Use of Restraint Devices The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this Upland PD Temporary Holding Rooms Policy regulation, at a minimum, the policy shall address the Section XI.B.5: Pro Restraint Chair following areas: acceptable restraint devices; Agency utilizes a Pro Restraint chair for forced ☒ ☐ ☐ blood draws. The Chair is located in another room outside of the facility. If a prisoner needs to be restrained, he or she is generally transported to the County Jail, but the restraint chair may be used if necessary. There were no records to review. signs or symptoms which should result in immediate Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ medical/mental health referral; Section XI.B.5. A.20 availability of cardiopulmonary resuscitation equipment; Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section XI.B.5. A.20 protective housing of restrained persons; Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section XI.B.2: Use of Restraint Devices provision for hydration and sanitation needs; and Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section XI.B.5.A.15: Pro Restraint Chair exercising of extremities. Upland PD Temporary Holding Rooms Policy Section XI.B.5.A.10 and 12: Pro Restraint ☒ ☐ ☐ Chair In no case shall restraints be used for punishment or as a Upland PD Temporary Holding Rooms Policy substitute for treatment. ☒ ☐ ☐ Section XI.B.1: Use of Restraint Devices Restraint devices shall only be used on inmates who display Upland PD Temporary Holding Rooms Policy behavior which results in the destruction of property or Section XI.B.5: Use of Restraint Devices 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 Upland PD Temporary Holding Rooms Policy of the facility manager, the facility watch commander, Section XI.B.5.A.1: Pro Restraint Chair ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be Upland PD Temporary Holding Rooms Policy secured within one hour from the time of placement. ☒ ☐ ☐ Section XI.B.5.A.17: Pro Restraint Chair A medical assessment shall be completed within four hours Upland PD Temporary Holding Rooms Policy of placement. ☒ ☐ ☐ Section XI.B.5.A.18: Pro Restraint Chair 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 11 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If the facility manager, or designee, in consultation with Upland PD Temporary Holding Rooms Policy responsible health care staff determines that an inmate Section XI.B.5.A.18: Pro Restraint Chair 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 Upland PD Temporary Holding Rooms Policy every thirty minutes to ensure that the restraints are properly Section XI.B.3: Use of Restraint Devices ☒ ☐ ☐ 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 Upland PD Temporary Holding Rooms Policy or in a specified housing area for restrained inmates which ☒ ☐ ☐ Section XI.B.5.A.21: Pro Restraint Chair makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of Upland PD Temporary Holding Rooms Policy handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ Section XI.B.5.A.22: Pro Restraint Chair restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES Upland PD Temporary Holding Rooms Policy Section XI.8: Pregnant Inmates 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 Upland PD Temporary Holding Rooms Policy delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ Section XI.8a: Pregnant Inmates waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in Upland PD Temporary Holding Rooms Policy recovery after delivery, shall not be restrained by the Section XI.8b: Pregnant Inmates ☒ ☐ ☐ 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 Upland PD Temporary Holding Rooms Policy who is currently responsible for the medical care of a Section XI.8c: Pregnant Inmates 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 Upland PD Temporary Holding Rooms Policy shall be advised, orally or in writing, of the standards ☒ ☐ ☐ Section XI.8d: Pregnant Inmates and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE Upland PD Temporary Holding Rooms Policy Section XII.A1-6: Access to Telephone The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone Phone calls are made as required. Additional beyond those telephone calls which are required by Section reasonable and necessary phone calls may be 851.5 of the Penal Code. made as requested. 1068 ACCESS TO COURTS AND COUNSEL Upland PD Temporary Holding Rooms Policy Section XII.D: Counsel and Court Access 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 Unlimited mail does not apply to Temporary these regulations, and, Holding Facilities. ☐ ☐ ☒ 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 12 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) confidential consultation with attorneys. Upland PD Temporary Holding Rooms Policy Section XII.D: Counsel and Court Access ☒ ☐ ☐ All prisoners have access to the telephone in which to contact their attorneys and may consult with them confidentially. 1080 RULES AND DISCIPLINARY PENALTIES Upland PD Temporary Holding Rooms Policy Section XII.B: 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. 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. 1081 PLAN FOR INMATE DISCIPLINE Upland PD Temporary Holding Rooms Policy Section XII.B: 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. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 13 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 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 Upland PD Temporary Holding Rooms Policy Section XII.B: 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. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 14 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY Upland PD Temporary Holding Rooms Policy ACTIONS Section XII.B: 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. (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. ☐ ☐ ☒ 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 15 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS Upland PD Temporary Holding Rooms Policy Section XII.B: 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 ☒ ☐ 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 Upland PD Temporary Holding Rooms Policy MINOR IN AN ADULT DETENTION Section XIII.K: Serious Illness or injury of a FACILITY Minor in an Adult Facility ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 16 - 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 1142 WRITTEN POLICIES AND PROCEDURES Upland PD Temporary Holding Rooms Policy Section XIII: Handling of Minors The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; Upland PD Temporary Holding Rooms Policy Section XIV.A.3: Suicide Recognition and Prevention ☒ ☐ ☐ This policy is applicable to juveniles as well as adults. (b) use of restraints; Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section XIII.G: Use of Restraint Devices (c) emergency medical assistance and services; and, Upland PD Temporary Holding Rooms Policy Section XIII.B.1: Care of Minors in Temporary ☒ ☐ ☐ Custody (d) prohibiting use of discipline. Upland PD Temporary Holding Rooms Policy Section XII.B: Discipline ☒ ☐ ☐ Discipline will not be administered to any individual in custody. This policy is applicable to juveniles as well as adults. 1143 CARE OF MINORS IN TEMPORARY CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section XIII.B.2a: Accessibility (2) one snack upon request during term of temporary Upland PD Temporary Holding Rooms Policy custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ Section XIII.B.2b: Accessibility hours or is otherwise in need of nourishment; (3) access to drinking water; and, Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ Section XIII.B.2c: Accessibility (4) privacy during consultation with family, guardian, Upland PD Temporary Holding Rooms Policy and/or lawyer. ☒ ☐ ☐ Section XIII.B.2d: Accessibility (5) blankets and clothing, as necessary, to assure the Upland PD Temporary Holding Rooms Policy comfort of the minor; and, Section XIII.B.2.e: Care of Minors in ☒ ☐ ☐ Temporary Custody and Section VI.D.2.O: Booking Officers Responsibilities 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 17 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (6) his or her personal clothing unless the clothing is Upland PD Temporary Holding Rooms Policy inadequate, presents a health or safety problem, or is Section XIII.B.3.f: Care of Minors in required to be utilized as evidence of an offense. Temporary Custody and Section VI.D.2.O: ☒ ☐ ☐ Booking Officers Responsibilities Policy is applicable to juveniles as well as adults. 1144 CONTACT BETWEEN MINORS AND Upland PD Temporary Holding Rooms Policy ADULT PRISONERS Section XIII.C: Contact Between Minors and Adult Arrestees and XIII.D: Conditions of ☒ ☐ ☐ Secure Detention and Non-Secure Custody 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, Upland PD Temporary Holding Rooms Policy such as booking or facility movement, facility staff (trained Section XIII.C: Contact Between Minors and in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ Adult Arrestees and XIII.D: Conditions of by-side presence with the minor or the adult to prevent Secure Detention and Non-Secure Custody sustained contact. 1145 DECISION ON SECURE CUSTODY Upland PD Temporary Holding Rooms Policy Section XIII.A.2.A-C: Criteria 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 Upland PD Temporary Holding Rooms Policy serious security risk of harm to self or others, the officer may Section XIII.A.2.D: Criteria ☒ ☐ ☐ 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 Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ taken into custody; Section XIII.A.2.D: Criteria (c) minor's behavior, including the degree to which the Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Section XIII.A.2.D: Criteria (d) the availability of staff to provide adequate Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ supervision or protection of the minor; and, Section XIII.A.2.D: Criteria (e) the age, type, and number of other individuals who Upland PD Temporary Holding Rooms Policy ☒ ☐ ☐ are detained in the facility. Section XIII.A.2.D: Criteria 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 18 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1146 CONDITIONS OF SECURE CUSTODY Upland PD Temporary Holding Rooms Policy Section XIII.E.1: Supervision of Minors Held in While in secure custody, minors may be locked in a room or Secure Custody ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE Upland PD Temporary Holding Rooms Policy CUSTODY INSIDE A LOCKED Section XIII.E: Supervision of Minors Held in ENCLOSURE Secure Custody ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; Upland PD Temporary Holding Rooms Policy and, ☒ ☐ ☐ Section XIII.E.2: Supervision of Minors Held in Secure Custody (2) safety checks, as defined in Section 1006, of the Upland PD Temporary Holding Rooms Policy minor by staff of the law enforcement facility, at Section XIII. E.3: Supervision of Minors Held in ☒ ☐ ☐ least once every 30 minutes, which shall be Secure Custody documented. (b) Males and females shall not be placed in the same Upland PD Temporary Holding Rooms Policy locked room unless under constant direct visual ☒ ☐ ☐ Section XIII.E.4: Supervision of Minors Held in observation by staff of the law enforcement facility. Secure Custody 1148 SUPERVISION OF MINORS IN SECURE Upland PD Temporary Holding Rooms Policy CUSTODY OUTSIDE OF A LOCKED Section XIII.I: Secure Detention Outside Locked ENCLOSURE Facility ☒ ☐ ☐ Minors held in secure custody outside of a locked Minors are not secured to stationary objects. enclosure shall not be secured to a stationary object for The remaining sections of this regulation are more than 60 minutes unless no other locked enclosure is marked as N/A available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety while ☐ ☐ ☒ secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be ☐ ☐ ☒ approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes thereafter shall ☐ ☐ ☒ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE Upland PD Temporary Holding Rooms Policy CUSTODY Section XIII.A.2.C: Criteria Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 19 - A352 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1150 SUPERVISION OF MINORS IN NON- Upland PD Temporary Holding Rooms Policy SECURE CUSTODY Section XIII.F: Supervision of Minors in Non- Secure Custody Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF Upland PD Temporary Holding Rooms Policy ANY INTOXICATING SUBSTANCE IN SECURE OR Section XIII.J: Intoxicated and Substance NON-SECURE CUSTODY Abusing Minors Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room Upland PD Temporary Holding Rooms Policy who display outward signs of being under the influence of Section XIII.J.b: Intoxicated and Substance drugs, alcohol or any other intoxicating substance shall Abusing Minors include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety Personal observation will occur every 15 checks shall be documented, with actual time of occurrence minutes. recorded. Supervision of minors in secure custody outside of a locked Upland PD Temporary Holding Rooms Policy room who display outward signs of being under the Section XIII.J.b: Secure Detention Outside influence of drugs, alcohol or any other intoxicating Locked Facility substance shall be supervised in accordance with Section 1148. ☒ ☐ ☐ Personal observation will occur every 15 minutes. Supervision of minors in nonsecure custody who display Upland PD Temporary Holding Rooms Policy outward signs of being under the influence of drugs, alcohol Section XIII.Ja: Intoxicated and Substance or any other intoxicating substance shall be supervised in ☒ ☐ ☐ Abusing Minors accordance with Section 1150. Constant personal supervision. 4378\San Bernardino Co\Upland PD TH\PRO 18-20; 11/20/2019 - 20 - A352 TH PRO eff. 1/2019 (18-20).dot PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 4378 FACILITY NAME: Upland Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1988 FIELD REPRESENTATIVE: Lisa Southwell DATE: June 12, 2019 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Accessible in separate room Wash basin accessible X Accessible in separate room Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and Hold for less than 4 hours 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification Cells (WA) (2.4) No cell of this type in facility; text of the X regulation deleted from this checklist. Safety Cells (WA) (2.5) No cell of this type in facility; text of the X regulation deleted from this checklist. Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) X For facilities planned or constructed after 8-86 Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 4378\San Bernardino Co\Upland PD TH\PHY 18-20; 11/20/2019 - 1 - A370 PHY CH-TH 1-78.dot (9/98) BOARD OF STATE AND COMMUITY CORRECTIONS - BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 4378 FACILITY: Upland Police Department TYPE: TH RC: (12) FIELD REPRESENTATIVE: Lisa Southwell DATE: June 12, 2019 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Holding 1988 3 1 4 (12) 7.5' X 11.0' 1 1 1 Notes: 1. There is also a small booking/receiving area with a 4' x 13' non-rated booking cage. 2. Toilet, washbasin and fountain are available in an accessible room when needed. 3. There are two additional, non-rated interview rooms; one currently used for Live Scan. 4. Cells are under video and audio monitoring from watch commander’s office and in Dispatch. 5. Each cell has a bunk which is used as a bench to determine capacity. *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. 4378\San Bernardino Co\Upland PD TH\ LASE 18-20; 11/20/2019 - 1 - A360 LAS Adult.dot (9/98)