San Diego County, Carlsbad Police Department City Jail (2016-2018 inspection cycle)

STATE OF CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LINDA M. PENNER 2590 VENTURE OAKS WAY, SUITE 200 . SACRAMENTO CA 95833 • 91G./l4S.5073 • BSCC.CA.GOV Ch;Jir KATHLEEN T. HOWARO EDMUND G. BROWN. JR. E)(eClftive Director Governor October 16, 2018 Neil Gallucci, Chieror Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 920 I 0 2016-2018 BIENNIAL INSPECTION 6031 PC & 209 WIC Dear Chief Gallucci: On June 19, 2018, Board of State and Community Corrections (BSCC) staff conducted the biennial inspection of the Carlsbad Police Department Temporary Holding Facility pursuant to Penal Code Section 6031 for compliance with the Minimum Standards lor Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuant to the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) tor the secure detention of minors. The inspection consisted of a desk audit of applicable pol icies and procedures governing the operation of the facility, an on-site review of documentation to verify that your practices tallow your written procedures, and a walk-through of the physical plant. Police Ranger Fernando Arizmendi was present during the inspection and assisted by answering questions and clarifying procedural issues. His involvement in the inspection process was extremely valuable. The professionalism and courtesy extended during the process was appreciated. The complete BSCC inspection report is enclosed and consists of: This transmittal letter; The Procedures Checklist outlining applicable Title IS sections; The Physical Plant Evaluation outlining Title 24 requirements tor design;1 and, The Living Area Space Evaluation summarizing the detention facility's physical plant conliguration. Local Inspections 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 10 I 045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Ofticer and the Carlsbad City Fire Department for a comprehensive perspective of your tacility. I Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel to the jail area. 4610 Carlsbad PO City Jail LTR; 10/16/2018 Nei I Gallucci, Chief of Pol ice 21P ag e Fire Inspection: A fire/life safety inspection was conducted on August 25, 2017. No deficiencies affecting fire/life safety were noted. A fire clearance was granted. Health Inspections: The local health authority conducted the annual inspections on January 25, 2018. No non-compliance issues were noted. We encourage the practice of maintaining a permanent file for historical copies of all inspections. This file should be the first point of reference when preparing for all future inspections. BSCC Inspection Physical Plant: Completed in 1986, the Carlsbad Police Department Temporary Holding Facility is evaluated using the 1980 Physical Plant Standards. No inmates were in-custody at the time of the inspection. The jail was clean and appeared well maintained. No issues of non-compliance with applicable physical plant standards were identified. Policy, Procedures and Practice: We evaluated procedures at the facility and reconciled them against policy2 We informed your staff that there is a recently updated version of Title 15 minimum standards and that the facility should go through the new standards to ensure that the facility will remain in compliance with their policy and procedures manual. We reviewed documentation related to jail operations to ensure that practices matched written procedures and that written documents reflected actual events. We reviewed security logs, shift schedules, local inspection results, classification documents, incident reports and other records which give insight to the facility's operations. There were no non-compliance issues noted. Juvenile Inspection: We reviewed policy, procedures, practice and supporting documentation to related Minors in Custody in a Law Enforcement Facility. Minors are held in an area adjacent to the officer's report writing room. BSCC is the designated compliance monitoring agency for the Juvenile Justice and Delinquency Prevention Act (J.lDPA), and is authorized by Welfare and Institutions Code §209(t) to inspect facilities that may detain minors in secure detention. There were no violations noted. We strongly encourage continued management oversight related to the detention of minors as compliance with WIC Section 207.1( d) and Title 15, Article 9 regulations is required to maintain suitability for the secure confinement of minors in law enforcement facilities. 2 BSCC does not review all of your policies and procedures. We only review those policies related specifically to the applicable regulations included in Title 15, Minimum Standards for Local Detention Facilities for issues of non-compliance. We do not "approve" your policies nor do we review them for Constitutional or legal issues. We recommend agencies seek policy review through their legal advisor, risk manager, and other persons deemed appropriate. 4610 Carlsbad PD City Jail L TR: 10/16/2018 Neil Gallucci, Chier of Police 31Page This concludes our inspection report for the 2016-2018 inspection cycle. We would like to thank officer Arizmendi for his hospitality and courtesy extended during the inspection. If you should have any questions, please contact me at (916) 324-9861 email at michael.bush(cll.bscc.ca.gov. Field Representative Facilities Standards and Operations Division cc: City Manager, City of Carlsbad' Chair, City Council, City of Caris bad' Presiding .Judge, Superior Court, County of San Diego' Grand .Jury Foreperson, Superior Court, County of San Diego' 'Copies of the complete inspection report are available on BSCC website. 4610 Carlsbad PO City Jail L TR; 10/16/2018 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4610 FACILITY NAME: Carlsbad Police Department City Jail FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Police Ranger Fernando Arizmendi FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/19/2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.2.5 HOLDING FACILITY TRAINING All officers are responsible for their prisoners. All personnel who are responsible for supervising inmates, and supervisors with custodial responsibilities, complete the eight hours of specialized training outlined in this X regulation within six (6) months of assignment. Successful completion of training, pursuant to Section 1020 of these regulations, may be substituted for the initial eight hours of training. Eight hours of refresher training is completed every two Refresher course completed. years. Successful completion of training, pursuant to Section 1025 of these regulations, may be substituted for X the eight hour refresher. 1027 NUMBER OF PERSONNEL In addition to the implementation and operation of all programs and activities required by the There are sufficient personnel on duty at all times regulations, another predicator for compliance (whenever there is an inmate in custody) to ensure the X with this section is the availability of staff to implementation and operation of all programs and activities complete and document at least hourly safety required by these regulations. checks. There is a written plan that includes the documentation of 900.2.6 hourly safety checks. Requires safety checks “no less than on the half X hour” with documentation on the detention log. No non-compliance issues were noted. There is at least one employee on duty at all times, who 900.2.6 shall be immediately available and accessible with the X ability to respond to any inmate in the event of an emergency. Whenever one or more female inmates are in custody, there 900.2.6 is at least one female employee immediately available and X accessible. Note: Reference PC § 4021. A staffing plan is available which indicates personnel The arresting officer is responsible for the assigned and their duties. X arrestee while in the facility. 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 Carlsbad PD City Jail PRO; 06/19/2018 - 1 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1028 1028 FIRE AND LIFE SAFETY STAFF A trained watch commander is always on duty in the station whenever a prisoner is present. Whenever there is an inmate in custody, there is at least X one person on duty at all times who meets the BSCC training standards for general fire and life safety. There is at least one person on duty who trained in fire and life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 2 Lexipol Section 900 There is a published manual of policies and procedures for X the facility that addresses applicable regulations and includes: Table of organization, including channels of 900.1.2 X communications; Inspections and operations reviews by the facility 900.2.4 X administrator/manager; Use of force; X 300 Use of restraint equipment, including the restraint of 900.5.5 pregnant inmates; X 900.3.1 (Pregnant Arrestees) Note: Reference PC § 6030(f); Screening newly received inmates for release As a matter of practice this is a normal X Note: Reference PC § 849(b)(2) and 853.6 occurrence. Security and control, including: 900.5.4 X Physical counts of inmates; Searches of the facility; X 900.5.4 Searches of inmates; X 900.5 (c) & 900.5.2 Contraband control; and, X 900.5 (f) Key control. X 900.5.4 At least annually, the facility administrator reviews, evaluates and documents internal and external security X measures. Emergency procedures, including: X 900.7.2 Escape; X Disturbances; X Taking of hostages; X Civil disturbance; X Natural disasters; X Periodic testing of emergency equipment; X Included on monthly inspection form. Storage, issue and use of weapons, ammunition, 900.5.(b) X chemical agents; and, Storage, issue and use of security devices. X Suicide prevention; and, X 900.7.4 Segregation of inmates. X 900.6 & 900.6.3 The manual is available to all employees. X Electronically The manual is comprehensively reviewed and updated at least every two years. X 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4610 Carlsbad PD City Jail PRO; 06/19/2018 - 2 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1032 FIRE SUPPRESSION PREPLANNING Fire Department is located in the same building. There is a fire suppression pre-plan that has been developed X in consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff Verified. X with a two-year retention of the inspection record; Fire prevention inspections at least once every two The Carlsbad Fire Department conducted a fire years; prevention inspection on 08/25/2017 and a fire X Note: Reference Health and Safety Code Section clearance was granted. 13146.1(a) and (b); An evacuation plan; and, X A plan for the emergency housing of inmates in the A San Diego County Jail would be used in this event of a fire. X event. 1044 INCIDENT REPORTS 900.2.7 There are written policies and procedures for the maintenance of written records and reporting of all incidents that result in physical harm, or serious threat of X physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and submitted to the facility manager or his/her designee. X 1046 DEATH IN CUSTODY 900.9 X Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the 324.7.5 (b) facility provides the Board of State and Community Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN 900.6 X The facility has a written classification plan designed to properly assign inmates to housing units and activities. Includes receiving screening performed at intake by trained X personnel. Includes maintenance of a record of each inmate's Noted on safety check log. classification level, housing restrictions and housing X assignments. 4610 Carlsbad PD City Jail PRO; 06/19/2018 - 3 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1051 COMMUNICABLE DISEASES 900.5.1 Non-detainable persons (900.5.1). There are written policies and procedures specifying those X symptoms that require segregation of an inmate until a medical evaluation can be completed. An inquiry is made to determine if the inmate has or has had any communicable diseases, or has observable symptoms of communicable diseases, including but not X limited to tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or screening device. X 1052 MENTALLY DISORDERED INMATES 900.5.1 Mentally disordered prisoners are not detained at this facility. There are written policies and procedures for the X identification and evaluation of all mentally disordered inmates. An evaluation by health care staff occurs within 24 hours of identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety of the inmate or others. X 1053 ADMINISTRATIVE SEGREGATION 900.6.3 There are written policies and procedures, which provide for administrative segregation of inmates who are X determined to be prone to: escape; assault staff or other inmates; disrupt operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting X inmates and staff. 1055 USE OF SAFETY CELL 900.7.1 Policy prohibits its use. The safety cell, specified in Title 24, Part 2, Section 1231 The remainder of the text of this regulation has X 2.5, is used only to hold inmates who display behavior that been deleted. results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL No Sobering Cell. The sobering cell, specified in Title 24, Part 2, Section The remainder of the text of this regulation has 1231 2.4 is used only for holding inmates who are a threat X been deleted. to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures. 1057 DEVELOPMENTALLY DISABLED 900.5.1 Developmentally disabled persons are INMATES not detained at this facility. X There are written procedures for identification and evaluation of all developmentally disabled inmates. 4610 Carlsbad PD City Jail PRO; 06/19/2018 - 4 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS A contact to the regional center occurs within 24 hours when an inmate is suspected or confirmed to be X developmentally disabled. 1058 USE OF RESTRAINT DEVICES 900.5.5 Prisoners requiring this type of restraint are immediately transferred to an appropriate There are written polices and procedures for the use of facility. X restraint devices that include: The remainder of the text of this regulation has been deleted. 1067 ACCESS TO TELEPHONE 900.8.1 There are written policies and procedures that allow X reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS 900.8.2 There are written policies and procedures that ensure the X inmate's right to confidential consultation with attorneys. 1081 PLAN FOR INMATE DISCIPLINE (WA) 900.8.5 Discipline is not administered at this facility. There are written policies and procedures for inmate discipline. (This may be waived by written policy X stating that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 4610 Carlsbad PD City Jail PRO; 06/19/2018 - 5 - A352 TH PRO eff. 9/2012.dot DETENTION OF MINORS YES NO N/A Are minors held in this facility? 5 minors held in secure detention during this report cycle. If YES, then the core requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the X provisions of Title 15, Article 9, Minors in Detention in a Law Enforcement Facility apply and will be inspected for. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. Number of violations: 0 Reference: WIC 206 & 207 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles may not be confined or detained in any facility in which they have contact with adult prisoners. X Number of violations: 0 Reference: WIC 208 42 USC 5633 SECTION 223(a)(13) JAIL REMOVAL (SIX-HOUR HOLD EXCEPTION) During the previous calendar year, minors are securely X detained for a period not to exceed six hours. Number of violations: 0 Reference: WIC 207.1(d)1(B) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1142 WRITTEN POLICIES AND PROCEDURES 900.6.2 & 324 X Written policies and procedures concerning minors held in temporary custody address: suicide risk and prevention; X 324.7.2 use of restraints; X 324.7.3 emergency medical assistance and services; and, X 324.7.1 prohibiting use of discipline. 324.7.4 X 1143 CARE OF MINORS IN TEMPORARY CUSTODY 324.3.1 X The following are made available to all minors held in temporary custody: access to toilets and washing facilities; one snack upon request during term of temporary custody if the minor has not eaten within the past (4) X hours or is otherwise in need of nourishment; 4610 Carlsbad PD City Jail PRO; 06/19/2018 - 6 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS access to drinking water; X privacy during consultations with family, guardian, or X lawyer. blankets and clothing, as necessary, to assure the X comfort of the minor; and, his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is X required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 324.3.2 ADULT PRISONERS Policies and procedures ensure that there is no physical or X sustained sight or sound contact between juveniles and adults confined in the facility. Reference: WIC 208 In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, X side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 324.4.2 Minors are held in secure custody in a law enforcement facility only if the minor is in custody for an offense X described by WIC § 602, is at least 14 years of age, and presents a serious security risk of harm to self or others. Reference: WIC 207.1 (d) 1 Factors to be considered when determining if the minor presents a serious security risk to self or others are: age, maturity and delinquent history; severity of offense for which taken into custody; minor’s behavior; availability of X staff to provide adequate supervision or protection of the minor; and, age, type and number of other individuals detained at the facility. 1146 CONDITIONS OF SECURE CUSTODY 324.4.3 While in secure custody, a minor may be locked in a room or other secure enclosure, secured to a cuffing rail, or otherwise X reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 324.4.3 (b) CUSTODY INSIDE A LOCKED ENCLOSURE X Minors must receive adequate supervision which includes: Constant auditory access to staff by the minor; and, documented, safety checks are conducted by staff at 324.4.3 (b) least once every 30 minutes. X Reference: WIC 207.1(d)1(E) 4610 Carlsbad PD City Jail PRO; 06/19/2018 - 7 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS Males and females are not placed in the same locked 324.4.3 (c) room unless they are under constant direct visual X observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 324.4.3 (a) CUSTODY OUTSIDE OF A LOCKED ENCLOSURE X Minors held in secure custody outside of a locked enclosure are not secured to a stationary object for more than 60 minutes unless no locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor’s safety X while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter is approved by a X supervisor and documented. The decision to secure a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter is X based on the best interests of the minor. 1150 SUPERVISION OF MINORS IN NON- 324.4.1 SECURE CUSTODY X Minors held in non-secure custody receive constant direct visual observation by staff of the law enforcement facility. Monitoring a minor using audio, video, or other electronic X devices does not replace direct visual observation. Entry and release times are documented and available for Non-secure logs were available for review. review. X 1151 MINORS UNDER THE INFLUENCE OF ANY 324.8 INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and X procedures providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance by any substance, to the extent that they are unable to care for themselves. Supervision includes safety checks at least once every 15 324.8 (b) minutes until resolution of the intoxicated state, with the X actual time of each personal observation documented. 1047 SERIOUS ILLNESS OR INJURY OF A 324.7.1 MINOR IN AN ADULT DETENTION FACILITY There are policies and procedures for notifying the court and X the parent, guardian or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death or a minor in custody. 4610 Carlsbad PD City Jail PRO; 06/19/2018 - 8 - A352 TH PRO eff. 9/2012.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: 4610 FACILITY NAME: Carlsbad City Jail FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1980 FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/19/2018 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 Toilet accessible X Wash basin accessible X Variance for separate fixture granted 11/07/84. Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and X 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) X External to the security area and equipped with individual compartments, locks and keys Detoxification Cells (WA) (2.4) X No sobering cell. Limited to no more than 8 inmates Safety Cells (WA) (2.5) X Safety cell used for storage. Contain 48 square feet with one floor dimension at least 6 feet Shower-Delousing Room (3.4) X Staff shower. 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 Audio and video. For facilities planned or constructed after 8-86 4610 Carlsbad PD City Jail THJ PHY;06/19/2018 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) X Available to maintain fire and life safety, security, communications and alarm systems Attorney Interview Space (2.26) X Available 4610 Carlsbad PD City Jail THJ PHY;06/19/2018 - 2 - A370 PHY CH-TH 1-78.dot (9/98) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections Inspection BSCC Code: 4610 FACILITY: Carlsbad Police Department City Jail TYPE: THJ RC: FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/19/2018 ROOMS EACH ROOM EACH CELL FIXTURES* Cell Applicable # DIMENSIONS Location Total RC Type Standards Cells (L x W x H) # Beds RC T U W F S Holding 1980 1 (4) (4) 6’ x 7’ x 9’ Note: Booking cell only. Holding 1980 3 (6) (18) 6.3' x 7.8' x 8' 1 1 1 Safety 1980 1 (1) (1) 7' x 9' x 9' Note: The Safety Cell is now used as a mug shot room. *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. 4610 Carlsbad PD City Jail THJ LASE: 06/19/2018 - 1 - A360 LAS Adult.dot (03/01)