San Diego County, Carlsbad Police Department (2018-2020 inspection cycle)

December 10, 2020 Neil Gallucci, Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Gallucci: As you are aware, the Board of State and Community Corrections (BSCC) is statutorily required to biennially inspect all local detention facilities for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations, per Penal Code Section 6031 and for Welfare and Institutions Code (WIC) Section 209. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation your agency provided. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report is enclosed and consists of this transmittal letter and the Procedures Checklist outlining applicable Title 15 sections. Local Inspection In addition to a 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 these reports for a comprehensive perspective of your facility. The facility fire and life safety inspection is overdue, please forward a current fire inspection when it becomes available There were no noncompliance issues related to the county health inspections. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. The following noncompliance issues are noted below: 1029 Policy and Procedures Manual: The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. There are several policies that need to be developed or updated. 4610 San Diego Carlsbad TH LTR 18-20 Neil Gallucci, Chief of Police Page 2 of 2 1032 Fire Suppression Preplanning: Regulation requires a fire and life safety inspection at least once every two years. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodel projects concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). Secure and nonsecure youth a held in the juvenile area outside the jail facility. CORRECTIVE ACTION PLAN If you choose to address the noncompliance issues noted above, please provide a corrective action plan so that we may update our files to indicate compliance. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC remains committed to be a resource to your agency regarding your custodial questions or concerns. If you have any questions, or concerns, please contact our office at any time. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Carlsbad* City Manager, City of National City Carlsbad* Presiding Judge, Superior Court, County of San Diego* Grand Jury Foreperson, Superior Court, County of San Diego* Fernando Arizmendi, Police Ranger, Carlsbad Police Department *Copies of the complete reports are available on BSCC website. 4610 San Diego Carlsbad TH LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4610 FACILITY NAME: Carlsbad Police Department City Jail FACILITY TYPE: TH PERSON(S) INTERVIEWED: Police Ranger Fernando Arizmendi FIELD REPRESENTATIVE: Michael J. Bush DATE: Jun 10, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.2.6 HOLDING FACILITY TRAINING Supervisory custodial personnel (Watch Commanders) who are responsible for the Custodial personnel who supervise inmates in, and temporary holding facility shall satisfactorily supervisors of, a Court Holding or Temporary Holding complete eight (8) hours of specialized training facility shall complete 8 hours of specialized training. Such and shall complete eight hours of refresher training shall include, but not be limited to: training every two years. (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 any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once Refresher course completed. every two years. Successful completion of the requirements ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 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. 4610 San Diego Carlsbad PRO 18-20 - 1 - A351 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 900.2.7 least one employee on duty at all times in a local detention The Watch Commander has the ultimate facility or in the building which houses a local detention responsibility for the custody of all inmates and facility who shall be immediately available and accessible to ☒ ☐ ☐ the operation of the temporary holding facility inmates in the event of an emergency. during day-to-day operations. No inmates are to be left in the facility without custodial personnel immediately accessible. Such an employee shall not have any other duties which 900.2.7 would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there 900.2.7 shall be at least one female employee who shall be Whenever one or more female inmates are in immediately available and accessible to such females. custody, there shall be at least one female Note: Reference PC§ 4021. ☒ ☐ ☐ custodial officer who shall, in like manner, be immediately available and accessible to female inmates. To determine if there is a sufficient number of personnel for The arresting officer is responsible for the a specific facility, the facility administrator shall prepare and arrestee while in the facility. retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.27 The Watch Commander or his designee will Safety checks shall be conducted at least hourly through make inspections of all inmates every half direct visual observation of all inmates. There shall be no hour. The inspector will initial and indicate more than a 60-minute lapse between safety checks. ☒ ☐ ☐ the time of inspection for each inmate in the detention log. If an officer has had continuous observation of a prisoner, the officer may indicate so on the detention log. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.4 FIRE SAFETY A trained watch commander is always on duty Whenever there is an inmate in custody, there shall be at in the station whenever a prisoner is present. ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 4610 San Diego Carlsbad PRO 18-20 - 2 - A351 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 Lexapol. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and 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 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.2.5 INSPECTIONS administrator/manager. Watch Commander, and monthly inspections ☒ ☐ ☐ by the Facility Manager or his designee. Inspections will be conducted to determine the facility sanitation, safety and maintenance condition. (3) Policy on the use of force. ☐ ☐ ☒ (4) Policy on the use of restraint equipment, including the Restraints are not used in the facility. restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Pregnant female will not be detained in the Section 3407. facility. (5) Procedure and criteria for screening newly received inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ 900.8.4 SECURITY AND CONTROL (A) physical counts of inmates, ☒ ☐ ☐ 900.8.4 SECURITY AND CONTROL (B) searches of the facility and inmates, ☒ ☐ ☐ 900.8.4 SECURITY AND CONTROL (C) contraband control, and, ☒ ☐ ☐ 900.8 INTAKE PROCEDURES (D) key control. ☒ ☐ ☐ 900.8.4 SECURITY AND CONTROL Each facility administrator shall, at least annually, review, New language added to regulations. evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☐ ☒ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 900.4 Fire Safety (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☐ ☒ ☐ Unable to locate (C) mass arrests; ☐ ☒ ☐ Unable to locate (D) natural disasters; ☐ ☒ ☐ Unable to locate (E) periodic testing of emergency equipment; and, ☐ ☒ ☐ Unable to locate 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4610 San Diego Carlsbad PRO 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (F) storage, issue, and use of weapons, ammunition, Unable to locate ☐ ☒ ☐ chemical agents, and related security devices. (8) Suicide Prevention. 900.1.3 NON-DETAINABLE PRISONERS ☒ ☐ ☐ 900.8.1 RECEIVING SCREENING (9) Segregation of Inmates. 900.9 CLASSIFICATION AND ☒ ☐ ☐ SEGREGATION (10) Zero tolerance in the prevention of sexual abuse and New Regulations. Needs to add to manual. ☐ ☒ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond New Regulations. Needs to add to manual. to retaliation against any staff or inmate after reporting ☐ ☒ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, New Regulations. Needs to add to manual. Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☐ ☒ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, New Regulations. Needs to add to manual. community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☐ ☒ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The facility shall have a comprehensive written suicide A prisoner who is or may be contemplating prevention program developed by the facility administrator, suicide will not be detained in the Temporary in conjunction with the health authority and mental health ☐ ☐ ☒ Holding Facility. They will be transported to director, to identify, monitor, and provide treatment to those the county jail or the county mental health inmates who present a suicide risk. The program shall facility, as appropriate. include the following: Remainder of section is deleted. 1032 FIRE SUPPRESSION PREPLANNING 900.4 Fire Safety The Facility Manager, in coordination with Pursuant to Penal Code Section 6031.1(b), the facility the Fire Department and qualified first administrator shall consult with the local fire department aid/CPR instructional personnel, oversee the having jurisdiction over the facility, with the State Fire training of all department personnel and Marshal, or both, in developing a plan for fire suppression ensure that they are familiar with: ☒ ☐ ☐ which shall include, but not be limited to: (a) The Temporary Holding Facility policy and procedures; and (b) Fire safety and evacuation plan including the use of the fire extinguisher. (a) a fire suppression pre-plan developed with the local fire department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a The Facility Supervisor or his/her designee monthly basis with two-year retention of the inspection shall inspect the facility on a monthly basis. record; ☒ ☐ ☐ The results of the monthly inspection shall be documented in writing. The inspection record shall be retained for two years. 4610 San Diego Carlsbad PRO 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) fire prevention inspections as required by Health and Please forward when the fire inspection reports Safety Code Section 13146.1(a) and (b) which requires ☐ ☒ ☐ become available. inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ Posted (e) a plan for the emergency housing of inmates in the case of Transferred to San Diego County Vista Jail. ☒ ☐ ☐ fire. 1044 INCIDENT REPORTS 900.2.8 INCIDENT REPORTS The facility administrator shall maintain a Each facility administrator shall develop written policies and written record of all incidents which result in procedures for the maintenance of written records and ☒ ☐ ☐ physical harm, or serious threat of physical reporting of all incidents which result in physical harm, or harm, to an employee, inmate or other person. serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons Such records shall include the names of the involved, a description of the incident, the actions taken, and persons involved, a description of the incident, ☒ ☐ ☐ the date and time of the occurrence. the actions taken and the date and time of occurrence. Such a written record shall be prepared by the staff assigned Such written record shall be reported and to investigate the incident and submitted to the facility ☒ ☐ ☐ submitted to the facility manager within 24 manager or his/her designee. working hours of the event of an incident. 1046 DEATH IN CUSTODY 900.7.1 DEATH OF A PRISONER In the event of a fatal injury or death of a (a) Death in Custody Reviews for Adults and Minors. prisoner while in custody the Chief of Police or the authorized designee shall report in The facility administrator, in cooperation with the health writing to the Attorney General within 1O days administrator, shall develop written policy and procedures after the death, all facts in the possession of the to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the ☒ ☐ ☐ department concerning the death. In all such cases, the Watch Commander shall be notified facility administrator and/or the facility manager, the health and will make the appropriate additional administrator, the responsible physician and other health notifications as directed in the Temporary care and supervision staff who are relevant to the incident. Holding Facility manual. Deaths shall be reviewed to determine the appropriateness of A medical and operational review of every in- clinical care; whether changes to policies, procedures, or custody death shall be conducted. The review practices are warranted; and to identify issues that require team shall include the following: further study. Chief of Police or the authorized designee: ☒ ☐ ☐ • The health administrator • The responsible physician • And other health care and supervision staff who are relevant to the incident. (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 Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days 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. 4610 San Diego Carlsbad PRO 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 900.9 CLASSIFICATION AND SEGREGATION (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written The classification describes the assignment of classification plan designed to properly assign inmates to inmates to temporary holding rooms based housing units and activities according to the categories of sex, upon the categories of sex, age, criminal age, criminal sophistication, seriousness of crime charged, sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive assaultive or non-assaultive behavior. behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area for male or female inmates, and in making other housing and The temporary holding facility cells are rated programming assignments, the agency shall consider on a as "single occupancy" cells. In cases of case-by-case basis whether a placement would ensure the extreme need, and on a temporary basis only, inmate's health and safety, and whether the placement would ☒ ☐ ☐ several inmates may be detained in each cell present management or security problems. An inmate's own based upon the rated capacity for maximum views with respect to his or her own safety shall be given numbers of inmates per cell (excluding safety serious consideration. cell). 1051 COMMUNICABLE DISEASES 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The facility administrator, in cooperation with the Any person who has claimed, or is known to be responsible physician, shall develop written policies and ☒ ☐ ☐ afflicted with or displays symptoms of any procedures specifying those symptoms that require communicable disease. segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The facility administrator, in cooperation with the Will not be detained in the Temporary Holding ☒ ☐ ☐ responsible physician, shall develop written policies and Facility. They will be transported to the county procedures to identify and evaluate all mentally disordered jail or the county mental health facility, as inmates, and may include telehealth. appropriate. 4610 San Diego Carlsbad PRO 18-20 - 6 - A351 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 ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING Except in Type IV facilities, each facility administrator shall Any combative or unruly person who is likely develop written policies and procedures which provide for to cause damage to the facility or severely the administrative segregation of inmates who are disrupt the good order of the Temporary determined to be prone to: promote activity or behavior that Holding Facility will be transported to the is criminal in nature or disruptive to facility operations; county jail. 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 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 The use of the safety cell for any confinement is prohibited. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who Remainder of section is deleted. display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a The facility does not have a safety cell. Any threat to their own safety or the safety of others due to their person who is so intoxicated as to be a danger ☐ ☐ ☒ state of intoxication and pursuant to written policies and to him/herself or others and cannot be safely procedures developed by the facility administrator. accommodated within the facility or a sobering cell. Remainder of section is deleted. 1057 DEVELOPMENTALLY DISABLED 900.1.3 NON-DETAINABLE PRISONERS INMATES 900.8.1 RECEIVING SCREENING Any person suspected or confirmed to be The facility administrator, in cooperation with the developmentally disabled. ☐ ☐ ☒ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. 4610 San Diego Carlsbad PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ Remainder of section is deleted. procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. 1058.5 RESTRAINTS AND PREGNANT INMATES 900.1.3 NON-DETAINABLE PRISONERS 900.8.1 RECEIVING SCREENING The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ Remainder of section is deleted. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: 1067 ACCESS TO TELEPHONE 900.6 PRISONER TELEPHONE CALLS Every prisoner, whether adult or juvenile, The facility administrator shall develop written policies and detained in the Temporary Holding Facility ☒ ☐ ☐ procedures which allow reasonable access to a telephone shall be entitled to at least three completed beyond those telephone calls which are required by Section telephone calls immediately upon being booked 851.5 of the Penal Code. and no later than three hours after arrest. 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 Prisoners are not held long enough to receive ☐ ☐ ☒ regulations, and, mail. (b) confidential consultation with attorneys. In reality, attorneys will interview prisoners ☒ ☐ ☐ when they are transferred to the county jail. Policy manual needs to reflex practice. 1080 RULES AND DISCIPLINARY PENALTIES 900.7.3 PRISONER DISCIPLINE Prisoner discipline will not be administered in Wherever discipline is administered, each facility this facility. Any prisoner who repeatedly fails administrator shall establish written rules and disciplinary ☐ ☐ ☒ to follow directions or facility rules should be penalties to guide inmate conduct. transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility. 4610 San Diego Carlsbad PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Secure and Non-secure youth are on a bench in the report writing area. 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. . 4610 San Diego Carlsbad PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot