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

December 10, 2020 Roxana Kennedy, Chief of Police Chula Vista Police Department 315 Fourth Ave Chula Vista. CA 91910 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Kennedy: As you are aware, The Board of State and Community Corrections (BSCC) is statutory required to inspect all Local detention facility’s biennial 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. There were no noncompliance issues as it relates to the fire inspection or the county health inspection. 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. We found no noncompliance issues. Please refer to the Procedures Checklist for detailed information. 4618 San Diego Chula Vista I LTR 18-20 Roxana Kennedy, Chief of Police Page 2 of 2 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 project 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 facility area of the police Department, which is outside the jail facility. CORRECTIVE ACTION PLAN N/A 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 remain 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 Chula Vista * City Manager, City of Chula Vista* Presiding Judge, Superior Court, County of San Diego* Grand Jury Foreperson, Superior Court, County or San Diego* Stephine Cox, Jail Manager, Chula Vista Police Department *Copies of the complete reports are available on BSCC website. 4618 San Diego Chula Vista I LTR 18-20 TYPE I FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:4618 FACILITY NAME: Chula Vista Police Department City Jail FACILITY TYPE: I PERSON(S) INTERVIEWED: Jail Manager Stephine Cox FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/08/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1020 CORRECTIONS OFFICER CORE COURSE2 1.12 The Chula Vista Police Department is a (a) In addition to the provisions of California Penal Code Standards and Training for Corrections (STC) Section 831.5, all custodial personnel of a Type I, II, III, or participating agency. Compliance with sections IV facility shall successfully complete the “Corrections related to training (with the exception of 1021) ☒ ☐ ☐ Officer Core Course” as described in Section 179 of Title is determined by an annual audit of training 15, CCR, within one year from the date of assignment. records. The most recent audit found this agency in compliance with training standards. (b) Custodial Personnel who have successfully completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections ☒ ☐ ☐ Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment. 1021 JAIL SUPERVISORY TRAINING 1.07 Prior to assuming supervisory duties, jail supervisors shall ☒ ☐ ☐ complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, ☒ ☐ ☐ CCR) or the POST supervisory course within one year from date of assignment. 1023 JAIL MANAGEMENT TRAINING Police personnel assigned as jail Manager are only required to complete the 56-hour Supplemental Core Course. Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as ☒ ☐ ☐ described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment. 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. 2 For STC participating agencies, consistency with training sections 1020, 1023 & 1025 is annually assessed by the STC Division. Unless otherwise indicated, the regulatory intent is for training to occur within one year from the date of assignment. 4618 San Diego Chula Vista l PRO 18-20 - 1 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1025 CONTINUING PROFESSIONAL TRAINING With the exception of any year that a core training module is successfully completed, all facility/system administrators, ☒ ☐ ☐ managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR. 1027 NUMBER OF PERSONNEL 1.08 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. Whenever there is an inmate in custody, there shall be at 1.08 least one employee on duty at all times in a local detention The policy of the Chula Vista City Jail that a facility or in the building which houses a local detention sufficient number of trained jail personnel are on ☒ ☐ ☐ facility who shall be immediately available and accessible to duty at all times to ensure the health and safety inmates in the event of an emergency. of the inmates and to respond to any emergencies. Such an employee shall not have any other duties which 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 1.08 II shall be at least one female employee who shall be II. Whenever one or more female inmates are in immediately available and accessible to such females. ☒ ☐ ☐ custody, there shall be at least one female PSO Note: Reference PC§ 4021. or Officer who shall be immediately available and accessible to such female inmates. To determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and 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 1.06 PSO Responsibilities Safety checks shall be conducted at least hourly through 2.06 Inmate Classification ☒ ☐ ☐ direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 1028 FIRE AND LIFE SAFETY STAFF 3.17 Occurs during core training. Pursuant to Penal Code Section 6030(c), whenever there is ☒ ☐ ☐ an inmate in custody, there shall be at least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. The facility manager shall ensure that there is at least one person on duty who is trained in fire and life safety ☒ ☐ ☐ procedures that relate specifically to the facility. 4618 San Diego Chula Vista l PRO 18-20 - 2 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 3 Chula Vista Police Department Jail Operation Manual. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and Updated 2020 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 ☒ ☐ ☐ 1.01 Organization char communications. (2) Inspections and operations reviews by the facility ☒ ☐ ☐ 1.03 administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 1.02 I. B. (4) Policy on the use of restraint equipment, including the 3.01 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 3.01.1 Section 3407. (5) Procedure and criteria for screening newly received 2.01 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: ☒ ☐ ☐ In practice, this is a normal procedure. (A) physical counts of inmates, ☒ ☐ ☐ 1.06 (B) searches of the facility and inmates, ☒ ☐ ☐ 3.16 (C) contraband control, and, ☒ ☐ ☐ 2.01 IV. & 3.08 (D) key control. ☒ ☐ ☐ 3.16 Each facility administrator shall, at least annually, review, 1.03 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: 3.17 (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; 3.19 ☒ ☐ ☐ 3.19 3.19 (C) mass arrests; ☒ ☐ ☐ (D) natural disasters; ☒ ☐ ☐ 3.18 VII. (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ (F) storage, issue, and use of weapons, ammunition, 2.01 III. ☒ ☐ ☐ chemical agents, and related security devices. 3 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4618 San Diego Chula Vista l PRO 18-20 - 3 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Suicide Prevention. ☒ ☐ ☐ 4.02 (9) Segregation of Inmates. ☒ ☐ ☐ 2.06 & 3.04 (10) Zero tolerance in the prevention of sexual abuse and 2.09 Inmate Orientation ☒ ☐ ☐ sexual harassment. CVPD Policy Manual – 904 (11) Policy and procedure to detect, prevent, and respond CVPD Policy Manual – 904 to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 2.09 Inmate Orientation Type I, II, III, and IV facilities shall provide for, but not be CVPD Policy Manual – 904 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, 2.09 Inmate Orientation community members, and other interested third-parties CVPD Policy Manual – 904 to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 4.03 Mentally Ill Inmates The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, Any inmates considered a danger to themselves in conjunction with the health authority and mental health ☐ ☐ ☒ or evaluated by medical staff as mentally ill are director, to identify, monitor, and provide treatment to those immediately evaluated through Paradise Valley inmates who present a suicide risk. The program shall Hospital for extensive psych evaluation. include the following: Remainder of section is deleted. 1032 FIRE SUPPRESSION PREPLANNING 3.17 & 3.18 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 317 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 3.17 V. monthly basis with two-year retention of the inspection ☒ ☐ ☐ Verified. record; (c) fire prevention inspections as required by Health and Completed 10/30/2019 by the Chula Vista Fire Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Department. inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ 3.18 (e) a plan for the emergency housing of inmates in the case of 3.18 fire. ☒ ☐ ☐ A San Diego County Jail would be used in this event. 4618 San Diego Chula Vista l PRO 18-20 - 4 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1040 POPULATION ACCOUNTING 1.09 Each facility administrator shall maintain an inmate ☒ ☐ ☐ demographics accounting system which reflects the monthly average daily population of sentenced and non-sentenced inmates by categories of male, female and juvenile. Facility administrators shall provide the BSCC with applicable inmate demographic information as described in ☒ ☐ ☐ the Jail Profile Survey. 1041 INMATE RECORDS 1.10 (a) Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the maintenance of individual inmate records which shall ☒ ☐ ☐ include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (b) Each facility administrator shall collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control and from other facilities with which it contracts for the confinement of its inmates. The data ☒ ☐ ☐ collected shall include, at a minimum, the data necessary to satisfy the reporting requirements of 34 U.S.C. section 30303(a)(1) (federal survey on sexual violence). 1044 INCIDENT REPORTS 3.13 Report will be prepared for every incident resulting in physical harm or serious threat of Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ physical harm to any jailer, inmate, or person in the detention facility. reporting of all incidents which result in physical harm, or 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 involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1045 PUBLIC INFORMATION PLAN 1.11 Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the ☒ ☐ ☐ dissemination of information to the public, to other government agencies, and to the news media. The public and inmates shall have available for review the following material: (a) The State Corrections Standards Authority Minimum Policy exist for US Marshal inmates. No local Standards for Local Detention Facilities as found in Title 15 ☒ ☐ ☐ inmates are housed. of the California Code of Regulations. (b) Facility rules and procedures affecting inmates as ☐ ☐ ☒ specified in sections: (1) 1045, Public Information Plan ☐ ☐ ☒ (2) 1061, Inmate Education Plan ☐ ☐ ☒ (3) 1062, Visiting ☐ ☐ ☒ 4618 San Diego Chula Vista l PRO 18-20 - 5 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) 1063, Correspondence ☒ ☐ ☐ (5) 1064, Library Service ☒ ☐ ☐ (6) 1065, Exercise and Recreation ☒ ☐ ☐ (7) 1066, Books, Newspapers, Periodicals and Writings ☒ ☐ ☐ (8) 1067, Access to Telephone ☒ ☐ ☐ (9) 1068, Access to Courts and Counsel ☒ ☐ ☐ (10) 1069, Inmate Orientation ☒ ☐ ☐ (11) 1070, Individual/Family Service Programs ☒ ☐ ☐ (12) 1071, Voting ☒ ☐ ☐ (13) 1072, Religious Observance ☒ ☐ ☐ (14) 1073, Inmate Grievance Procedure ☒ ☐ ☐ (15) 1080, Rules and Disciplinary Penalties ☐ ☐ ☒ (16) 1081, Plan for Inmate Discipline ☐ ☐ ☒ (17) 1082, Forms of Discipline ☐ ☐ ☒ (18) 1083, Limitations on Discipline ☐ ☐ ☒ (19) 1200, Responsibility for Health Care Services ☒ ☐ ☐ 1046 DEATH IN CUSTODY 4.15 V. (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 clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 6.01 XIII. In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: Youth are not held in the jail (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. 4618 San Diego Chula Vista l PRO 18-20 - 6 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 2.06 Jailers determine how an arrestee is to be (a) Each administrator of a temporary holding, Type I, II, or classified and segregated once the booking III facility shall develop and implement a written process is completed. classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed ☒ ☐ ☐ and other criteria which will provide for the safety of the inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. Each administrator of a Type II or III facility shall establish and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign inmates to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available about the inmate and from the inmate and shall provide for ☐ ☐ ☒ a channel of appeal by the inmate to the facility administrator or designee. An inmate who has been sentenced to more than 60 days may request a review of his classification plan no more often than 30 days from his last review. Subsection b does not apply and has been deleted. (c) In deciding whether to assign an inmate to a housing area For US Marshal Inmates only. Housing for male or female inmates, and in making other housing and Assignments are maintained in Offendertrak. programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would 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 4.11 Local inmates with a communicable disease The facility administrator, in cooperation with the will be transported to the county jail. responsible physician, shall develop written policies and procedures specifying those symptoms that require For US Marshal inmates, agency uses an segregation of an inmate until a medical evaluation is ☒ ☐ ☐ internal screening form. completed. The internal form is retained by the agency and is available for review to meet Title 15 requirements. At the time of intake into the facility, an inquiry shall be 2.04 & 4.01 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. 4618 San Diego Chula Vista l PRO 18-20 - 7 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES 4.02 These types of inmates will not be housed in The facility administrator, in cooperation with the the facility. After booking they will be responsible physician, shall develop written policies and ☐ ☐ ☒ transported to an appropriate facility. procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. Will not accept US Marshal inmates with a Mental Health Disorder. 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 Mentally disordered inmates are transferred to ☐ ☐ ☒ the inmate or others. an appropriate facility. 1053 ADMINISTRATIVE SEGREGATION 3.04 For US Marshal inmates only. Local inmates Except in Type IV facilities, each facility administrator shall will be transported to the county jail. 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 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 No Safety Cell at this facility The safety cell described in Title 24, Part 2, Section Inmates requiring safety cell, or other added ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who measures, are transported to County Jail facility display behavior which results in the destruction of property and not kept in CV Custody or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL 3.05 The sobering cell is not used at this time The sobering cell described in Title 24, Part 2, Section because of potential conflict with female U.S. 1231.2.4, shall be used for the holding of inmates who are a Marshal inmates that are housed in the same ☐ ☐ ☒ threat to their own safety or the safety of others due to their area under contract. state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Inmates now requiring sobering cell placement are transported to the County Jail. 4618 San Diego Chula Vista l PRO 18-20 - 8 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED 4.04 INMATES Developmentally disabled inmates are either transported to an appropriate facility or cited The facility administrator, in cooperation with the out. ☐ ☐ ☒ 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. 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 3.01 Restraints For US Marshal inmates only. The facility administrator, in cooperation with the 3.01 III 3 Local prisoners - No arrestee in the jail responsible physician, shall develop written policies and facility shall remain in the cord cuff restraint for procedures for the use of restraint devices and may delegate longer than 10 minutes, will be transported the authority to place an inmate in restraints to a responsible county jail. health care staff. Any inmate, who by physical demonstration or threats, threatens the safety of jail staff, any ☒ ☐ ☐ other inmate or causes damage to the facility may be restrained with the use of any of the listed devices. The type of device used will be that which reduces the immediate threat of violence or damage to the facility. The device will only be deployed for that period of time necessary to overcome the threat and/or transport the inmate but never to exceed the time limits as specified in this policy. In addition to the areas specifically outlined in this 3.01 Restraints regulation, at a minimum, the policy shall address the E. The use of the cord cuff or WRAP restraint following areas: shall be limited to the following circumstances acceptable restraint devices; as relates to the jail facility only: 1. Inmates that are brought in by patrol/investigations as field arrests and are already in the cord cuff or WRAP restraint: Upon arrival at the facility, jail staff will ☒ ☐ ☐ evaluate the inmate to determine if he/she still presents a threat. If the threat has diminished or been eliminated, jail staff will immediately remove the restraint and the individual will be processed like any other inmate. If the inmate is still combative or makes threats, the cord cuff will be removed and the inmate placed into the maximum restraint chair. If in the WRAP, the inmate can remain in the WRAP with constant direct observation. signs or symptoms which should result in immediate ☒ ☐ ☐ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☒ ☐ ☐ 3.01 protective housing of restrained persons; ☒ ☐ ☐ 4618 San Diego Chula Vista l PRO 18-20 - 9 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS provision for hydration and sanitation needs; and 3.01 V C Staff will be mindful that the inmate’s hydration, ☒ ☐ ☐ nutritional and sanitation needs are being met. If the inmate is provided food, water, or a sanitation break, it will be noted in the P1-JMS. exercising of extremities. 3.01 C D Jail staff will look for signs that the restrained inmate is in physical duress such as labored or ☒ ☐ ☐ difficulty breathing, numbness in the extremities, profuse sweating and complaints of nausea or dizziness. The inmate may be allowed to stretch his/her extremities every hour. In no case shall restraints be used for punishment or as a 3.01 IV. DISCIPLINE substitute for treatment. The purpose of the listed restraints is to control ☒ ☐ ☐ or prevent violent/destructive behavior. They may never be used to administer discipline. Restraint devices shall only be used on inmates who display 3.01 II behavior which results in the destruction of property or Any inmate, who by physical demonstration or reveal an intent to cause physical harm to self or others. threats, threatens the safety of jail staff, any Restraint devices include any devices which immobilize an other inmate or causes damage to the facility inmate's extremities and/or prevent the inmate from being may be restrained with the use of any of the ☒ ☐ ☐ ambulatory. listed devices. 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 3.01 III B of the facility manager, the facility watch commander, ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☒ ☐ ☐ secured within one hour from the time of placement. A medical assessment shall be completed within four hours 3.01 V I of placement. I. Any inmate, having been restrained for two hours and still deemed a continuing threat to the ☐ ☐ ☒ safety of the staff, other inmates or the facility, will be transported without delay to County Jail or Las Colinas. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice 3.01 V B every thirty minutes to ensure that the restraints are properly B. Direct visual observation shall be conducted employed, and to ensure the safety and well-being of the at least twice every thirty minutes to ensure that inmate. Such observation shall be documented. the restraints are properly employed, and to ☒ ☐ ☐ ensure the safety and well-being of the inmate. Those observations will be noted in PremierOne Jail Management System on the “Muster Count” module. While in restraint devices all inmates shall be housed alone 3.01 V A or in a specified housing area for restrained inmates which A. Inmates placed into the maximum restraint ☒ ☐ ☐ makes provisions to protect the inmate from abuse. chair or WRAP shall not be placed into a cell with other inmates. 4618 San Diego Chula Vista l PRO 18-20 - 10 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 3.01.01 Restraints and 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 3.01.01 Restraints and Pregnant Inmates delivery shall not be restrained by the use of leg irons, waist ☒ ☐ ☐ chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in 3.01.01 Restraints and Pregnant Inmates recovery after delivery, shall not be restrained by the 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 who is 3.01.01 Restraints and Pregnant Inmates currently responsible for the medical care of a 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 shall 2.04 Medical Screening be advised, orally or in writing, of the standards and policies 4.06 Post-Partum Psychosis governing pregnant inmates. ☒ ☐ ☐ We do not house Pregnant contract inmates – any other inmates are transferred to County Facility within 6-8 hours typically. 1059 USE OF REASONABLE FORCE TO 3.01 COLLECT DNA SPECIMENS, SAMPLES, Force is not used to obtain samples. Inmates IMPRESSIONS would be transported to the County Jail in this event. (a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including ☐ ☐ ☒ Remainder of Section is deleted. peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. 1062 VISITING 5.05 Local sentenced inmates are not housed at this (a) The facility administrator shall develop written policies facility. Visiting for local inmates will occur at ☒ ☐ ☐ and procedures for inmate visiting which shall provide for the county jail. as many visits and visitors as facility schedules, space, and number of personnel will allow. (b) In Type I facilities, the facility administrator shall develop and implement written policies and procedures to allow visiting for non-sentenced detainees. The policies and ☐ ☐ ☒ procedures will include a schedule to assure that non- sentenced detainees will be afforded a visit no later than the calendar day following arrest. (c) The visiting policies developed pursuant to this section shall include provision for visitation by minor children of the ☐ ☐ ☒ inmate. 4618 San Diego Chula Vista l PRO 18-20 - 11 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) Video visitation may be used to supplement existing visitation programs, but shall not be used to fulfill the ☐ ☐ ☒ requirements of this section if in-person visitation is requested by an inmate. (e) Facilities shall not charge for visitation when visitors are onsite and participating in either in-person or video ☐ ☐ ☒ visitation. For purposes of this subsection, “onsite” is defined as the location where the inmate is housed. (f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or ☐ ☐ ☒ (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017. (g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video ☐ ☐ ☒ visitation per week shall be offered free of charge. Types and availability of visitation, including: Local sentenced inmates are not housed at this Note: Reference PC § 6031.1 (June 2017) facility. Visiting will occur at the county jail. Mode of visitation; Visitation hours; Time inmates are allowed for visitation; and, Any restrictions on inmate visitation. 1063 CORRESPONDENCE 5.02 For US Marshal inmates only. Only mail / The facility administrator shall develop written policies and packages arriving from the U.S. Post Office or procedures for inmate correspondence which provide that: ☒ ☐ ☐ other mail delivery company will be received. Local prisoners are not held long enough to receive mail. (a) there is no limitation on the volume of mail that an inmate ☒ ☐ ☐ may send or receive; (b) inmate correspondence may be read when there is a valid security reason and the facility manager or his/her ☒ ☐ ☐ designee approves; (c) jail staff shall not review inmate correspondence to or from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may ☒ ☐ ☐ open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the inmate; (d) inmates may correspond, confidentially, with the ☒ ☐ ☐ facility manager or the facility administrator; and, (e) those inmates who are without funds shall be permitted at least two postage paid envelopes and two sheets of paper each week to permit correspondence with family members ☒ ☐ ☐ and friends but without limitation on the number of postage paid envelopes and sheets of paper to his or her attorney and to the courts. 1065 EXERCISE AND RECREATION Exercise equipment are available to US Marshal inmates. ☒ ☐ ☐ (b) The facility administrator of a Type I facility shall make table games and/or television available to inmates. 4618 San Diego Chula Vista l PRO 18-20 - 12 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1066 BOOKS, NEWSPAPERS, PERIODICALS, 5.05.03 AND WRITINGS (b) The facility administrator of a Type I facility shall ☒ ☐ ☐ develop and implement a written plan to make available a daily newspaper in general circulation, including a non- English language publication, to assure reasonable access to interested inmates. 1067 ACCESS TO TELEPHONE 5.01 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL 5.07 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 ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 1069 INMATE ORIENTATION 2.09 Inmates are provided a copy of the inmate orientation guide. For US Marshal (b) In Type I facilities, the facility administrator shall inmates only develop written policies and procedures for a program ☒ ☐ ☐ reasonably understandable to non-sentenced detainees to orient an inmate at the time of placement in a living area. Such a program shall be published and include, but not be limited to, the following: (1) rules and disciplinary procedures; We reviewed the orientation guide and found it ☒ ☐ ☐ contains all required elements. (2) visiting rules; ☒ ☐ ☐ (3) availability of personal care items, opportunities ☒ ☐ ☐ for personal hygiene; (4) availability of reading and recreational materials; ☒ ☐ ☐ and, (5) medical/mental health procedures. ☒ ☐ ☐ 1071 VOTING 5.04 The facility administrator of a Type I (holding sentenced inmate workers) II, III or IV facility shall develop written ☒ ☐ ☐ policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. 1072 RELIGIOUS OBSERVANCES 5.03 The facility administrator of a Type I, II, III or IV facility ☒ ☐ ☐ shall develop written policies and procedures to provide opportunities for inmates to participate in religious services, practices and counseling on a voluntary basis. 4618 San Diego Chula Vista l PRO 18-20 - 13 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1073 INMATE GRIEVANCE PROCEDURE 2.09 .01 Applicable to Type I facilities holding sentenced workers. While the jail does not house local sentenced inmates, it does house US Marshal inmates under contract. A grievance system is in place (a) Each administrator of a Type II, III, or IV facility and that comports to the requirements of this Type I facilities which hold inmate workers shall develop regulation for those inmates written policies and procedures whereby any inmate may ☒ ☐ ☐ appeal and have resolved grievances relating to any conditions of confinement, including but not limited to: medical care; classification actions; disciplinary actions; program participation; telephone, mail, and visiting procedures; and food, clothing, and bedding. Such policies and procedures shall include: (1) a grievance form or instructions for registering a ☒ ☐ ☐ grievance; (2) resolution of the grievance at the lowest appropriate ☒ ☐ ☐ staff level; (3) appeal to the next level of review; ☒ ☐ ☐ (4) written reasons for denial of grievance at each level ☒ ☐ ☐ of review which acts on the grievance; (5) provision for response within a reasonable time ☒ ☐ ☐ limit; and, (6) provision for resolving questions of jurisdiction ☒ ☐ ☐ within the facility. (b) Grievance System Abuse: The facility may establish written policy and procedure to ☒ ☐ control the submission of an excessive number of grievances. 1080 RULES AND DISCIPLINARY PENALTIES Section 3.20 contains a disciplinary policy for If discipline is NOT administered, written policy should US Marshal inmates. indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. Discipline is not administered at this facility for ☒ ☐ ☐ local inmates for local prisoners. Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary penalties to guide inmate conduct. 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 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. 4618 San Diego Chula Vista l PRO 18-20 - 14 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☒ ☐ ☐ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☒ ☐ ☐ 2. Placement in disciplinary separation. ☒ ☐ ☐ 3. Disciplinary separation diet. ☒ ☐ ☐ 4. Loss of privileges mandated by regulations. ☒ ☐ ☐ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☒ ☐ ☐ consequences. Staff shall not participate in disciplinary review if they are ☒ ☐ ☐ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☒ ☐ ☐ timeframes: 1. A copy of the report, and/or a separate written notice ☒ ☐ ☐ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☒ ☐ ☐ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☒ ☐ ☐ access to staff or inmate assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☒ ☐ ☐ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☒ ☐ ☐ action taken shall be reviewed by the facility manager or designee. 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. 4618 San Diego Chula Vista l PRO 18-20 - 15 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☒ ☐ ☐ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY ACTIONS The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (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. 4618 San Diego Chula Vista l PRO 18-20 - 16 - A352 Type 1 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial ☒ ☐ ☐ placement on the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on ☒ ☐ ☐ that diet every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☒ ☐ ☐ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☒ ☐ ☐ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☒ ☐ ☐ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMEMNTS Are minors held in this facility? Youth are not detained or held in the jail. They are processed on the 2nd floor of the police administration building. 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. 4618 San Diego Chula Vista l PRO 18-20 - 17 - A352 Type 1 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 1047 SERIOUS ILLNESS OR INJURY OF A All required policies are located in Section 6.01 MINOR IN AN ADULT DETENTION unless otherwise noted. 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. 1142 WRITTEN POLICIES AND PROCEDURES The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; ☒ ☐ ☐ (b) use of restraints; ☒ ☐ ☐ (c) emergency medical assistance and services; and, ☒ ☐ ☐ (d) prohibiting use of discipline. ☒ ☐ ☐ 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; ☒ ☐ ☐ (2) one snack upon request during term of temporary custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ (4) privacy during consultation with family, guardian, ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND ADULT PRISONERS ☒ ☐ ☐ 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, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 4618 San Diego Chula Vista l PRO 18-20 - 18 - A352 Type 1 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 1145 DECISION ON SECURE CUSTODY A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a serious security risk of harm to self or others, the officer may ☒ ☐ ☐ 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 ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the minor by staff of the law enforcement facility, at ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 4618 San Diego Chula Vista l PRO 18-20 - 19 - A352 Type 1 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 1148 SUPERVISION OF MINORS IN SECURE CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant 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 CUSTODY 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. 1150 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 ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY 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 who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. 4618 San Diego Chula Vista l PRO 18-20 - 20 - A352 Type 1 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 Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 4618 San Diego Chula Vista l PRO 18-20 - 21 - A352 Type 1 PRO eff. 1/2019 (18-20).dot