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

December 10, 2020 Mike Moulton, Chief of Police El Cajon Police Department 200 E. Main Street El Cajon, CA 92020 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Moulton: 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. 4452 San Diego El Cajon THJ LTR 18-20 Mike Moulton, 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 area of the jail, out of sight and sound of adult’s prisoners. CORRECTIVE ACTION PLAN No areas of noncompliance were noted, and no corrective action is needed. 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 El Cajon* City Manager, City of El Cajon* Presiding Judge, Superior Court, County of San Diego* Grand Jury Foreperson, Superior Court, County of San Diego* John Pearsley, Officer, El Cajon Police Department *Copies of the complete reports are available on BSCC website. 4452 San Diego El Cajon THJ LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4452 FACILITY NAME: El Cajon Police Department City Jail FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Officer John Pearsley FIELD REPRESENTATIVE: Michael J. Bush DATE: 05/26/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.11 TRAINING HOLDING FACILITY TRAINING Department members responsible for supervising adults in temporary custody shall Custodial personnel who supervise inmates in, and complete the Corrections Officer Core Course supervisors of, a Court Holding or Temporary Holding or eight hours of specialized training within six facility shall complete 8 hours of specialized training. Such months of assignment. training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in 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 Eight hours of refresher training shall be every two years. Successful completion of the requirements completed once every two years ☒ ☐ ☐ 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. 4452 San Diego El Cajon TH 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 least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. 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 shall be at least one female employee who shall be ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. 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 900.7 (e) Safety checks by department members shall Safety checks shall be conducted at least hourly through occur no less than every 15 minutes. direct visual observation of all inmates. There shall be no 1.Safety checks should be at varying times. more than a 60-minute lapse between safety checks. 2. All safety checks shall be logged. ☒ ☐ ☐ 3. The safety check should involve questioning the individual as to his/her wellbeing. 4. Individuals who are sleeping or apparently sleeping should be awakened. 5. Requests or concerns of the individual should be logged. There is a written plan that includes the documentation of Compliance is based on policy only. ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.10 All patrol staff have completed fire training. 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. (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. 4452 San Diego El Cajon TH 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 Lexipol - Procedures shall be reviewed and updated no less than every two years and shall be available to all members. 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 900.1 ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.7 ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ Departmental manual (4) Policy on the use of restraint equipment, including the 900.5 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 900.5.1 Section 3407. (5) Procedure and criteria for screening newly received 900.3.1 SCREENING AND PLACEMENT 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: ☒ ☐ ☐ 900.10 (A) physical counts of inmates, ☒ ☐ ☐ 900.4.1 (B) searches of the facility and inmates, ☒ ☐ ☐ 900.6 (C) contraband control, and, ☒ ☐ ☐ 900.7 (D) key control. ☐ ☐ ☐ 900.10 (b) Each facility administrator shall, at least annually, review, 900.10 evaluate, and make a record of security measures. The review Annual review and evaluation of security and evaluation shall include internal and external security ☒ ☐ ☐ measures including internal and external measures of the facility including security measures specific security measures, sanitation, safety and to prevention of sexual abuse and sexual harassment. maintenance. (7) Emergency procedures include: 900.10 (g) (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.10 (e, j) (C) mass arrests; ☒ ☐ ☐ 900.10 ((j) (D) natural disasters; ☒ ☐ ☐ 900.10 (h) (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 900.10 (k) (F) storage, issue, and use of weapons, ammunition, 900.10 ☒ ☐ ☐ chemical agents, and related security devices. 900.4.7 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4452 San Diego El Cajon TH PRO 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Suicide Prevention. 900.3 If there is any suspicion that the individual may ☒ ☐ ☐ be suicidal, he/she shall be transported to the City jail or the appropriate mental health facility. (9) Segregation of Inmates. ☒ ☐ ☐ 900.3.1 (10) Zero tolerance in the prevention of sexual abuse and 902 PREA ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 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, 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 900.3 If there is any suspicion that the individual may The facility shall have a comprehensive written suicide be suicidal, he/she shall be transported to the prevention program developed by the facility administrator, City jail or the appropriate mental health facility. ☐ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those Remainder of section deleted. inmates who present a suicide risk. The program shall include the following: 1032 FIRE SUPPRESSION PREPLANNING 900.10 (g) 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 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 monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Conducted 2/27/2019 Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ 900.10 (f) (e) a plan for the emergency housing of inmates in the case of Will transport to the county jail. ☒ ☐ ☐ fire. 4452 San Diego El Cajon TH PRO 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1044 INCIDENT REPORTS 900.4.8 Any incident that results in physical harm or Each facility administrator shall develop written policies and serious threat of physical harm to a member, procedures for the maintenance of written records and person in custody or any other person shall be reporting of all incidents which result in physical harm, or documented as stated in the Use of Force or On- serious threat of physical harm, to an employee or inmate of ☒ ☐ ☐ Duty Injuries policies, or other applicable a detention facility or other person. reporting process. A copy of all reports generated regarding the above circumstances shall be submitted as soon as reasonably practicable. The Watch Commander will retain a record of these reports for inspection purposes. 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 Reports are due at the end of shift. to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY 900.8 (a-i) The Patrol Division Commander will ensure (a) Death in Custody Reviews for Adults and Minors. procedures are in place to address any suicide attempt, death or serious injury of any individual The facility administrator, in cooperation with the health in temporary custody at the El Cajon Police administrator, shall develop written policy and procedures ☒ ☐ ☐ Department. 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 311.1 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. 4452 San Diego El Cajon TH 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 900.3.1 (a) Advise the Watch Commander of any (a) Each administrator of a temporary holding, Type I, II, or significant risks presented by the individual III facility shall develop and implement a written (e.g., suicide risk, health risk, violence). classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, 1. Consider whether the individual may be at a age, criminal sophistication, seriousness of crime charged, high risk of being sexually abused based on all physical or mental health needs, assaultive/non-assaultive available known information or whether the behavior, risk of being sexually abused, or sexually harassed person is facing any other identified risk. and other criteria which will provide for the safety of the ☒ ☐ ☐ 2. Provide any individual identified as being at a inmates and staff. Such housing unit assignment shall be high risk for sexual or other victimization with accomplished to the extent possible within the limits of the heightened protection. 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 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 900.3 Non-detainable prisoners. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be 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 900.3 Non-detainable prisoners The facility administrator, in cooperation with the ☐ ☐ ☒ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. 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. 4452 San Diego El Cajon TH PRO 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary to protect the safety of ☐ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.3 Non-detainable prisoners Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☐ ☐ ☒ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 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. The safety cell described in Title 24, Part 2, Section Remainder of section deleted. ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL 900.7.1 Inmates who are to be held in the Temporary The sobering cell described in Title 24, Part 2, Section Holding Facility and who present a threat to their 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ own safety or the safety of others due to their threat to their own safety or the safety of others due to their state of intoxication should be placed in a state of intoxication and pursuant to written policies and sobering cell until their condition allows for procedures developed by the facility administrator. continued processing. Such inmates shall be removed from the sobering cell as they (e) are able to continue in the processing. Inmates will be removed from the cell when they ☐ ☐ ☒ no longer pose a threat to their own safety and the safety of others, and are able to continue processing. In no case shall an inmate remain in a sobering cell over six Under no circumstances shall an inmate be held hours without an evaluation by a medical staff person or an in a sobering cell for more than six hours without evaluation by custody staff, pursuant to written medical being evaluated by qualified medical personnel ☐ ☐ ☒ procedures in accordance with section 1213 of these to ensure that the inmate does not have an urgent regulations, to determine whether the prisoner has an urgent medical issue. medical problem. At 12 hours from the time of placement, all inmates will (d) receive an evaluation by responsible health care staff. Under no circumstances shall an inmate be held in a sobering cell for more than six hours without ☐ ☐ ☒ being evaluated by qualified medical personnel to ensure that the inmate does not have an urgent medical issue. 4452 San Diego El Cajon TH PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of inmates held in the (c) sobering cell shall be conducted no less than every half hour. A safety check consisting of direct visual Such observation shall be documented. observation sufficient to assess the inmate’s well-being and behavior shall occur at least once every 30 minutes. Each safety check shall be ☐ ☐ ☒ documented in the cell log. Supervisors shall check the logs for completeness every two hours and document this action on the cell log. Compliance is based on policy only. 1057 DEVELOPMENTALLY DISABLED 900.3 INMATES Non-detainable prisoners The facility administrator, in cooperation with the ☐ ☐ ☒ 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 900.5 The use of restraints will not be used for The facility administrator, in cooperation with the individuals in temporary custody at the El Cajon responsible physician, shall develop written policies and ☐ ☐ ☐ Police Department. procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible The remainder of section is deleted. health care staff. 1058.5 RESTRAINTS AND PREGNANT INMATES 900.5.1 Women who are known to be pregnant , will not The facility administrator, in cooperation with the be used for individuals in temporary custody at responsible physician, shall develop written policies and ☐ ☐ ☒ the El Cajon Police Department. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy The remainder of section is deleted. shall include reference to the following: 1067 ACCESS TO TELEPHONE 900.4.5 Immediately upon being booked and, except The facility administrator shall develop written policies and where physically impossible, no later than three procedures which allow reasonable access to a telephone ☒ ☐ ☐ hours after arrest, an individual in custody has beyond those telephone calls which are required by Section the right to make at least three completed calls to 851.5 of the Penal Code. an attorney, bail bondsman, and a relative or other person. 1068 ACCESS TO COURTS AND COUNSEL 900.4.9 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. ☒ ☐ ☐ 900.4.5 (c) 4452 San Diego El Cajon TH PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY PENALTIES 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 900.4.10 DISCIPLINE Discipline will not be administered to any If discipline is NOT administered, written policy should individual in custody at this facility. indicate as such. If discipline is administered, Sections 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Secure and non-secure youth are held in the facility jail setting. There is a separate entry into the jail for youth offenders. 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? 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. 4452 San Diego El Cajon TH PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 311.1 MINOR IN AN ADULT DETENTION 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 312.3 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; 312.3.2 Department members should be alert to potential symptoms based upon exhibited behavior that may indicate the juvenile is a suicide risk. These ☒ ☐ ☐ symptoms may include depression, refusal to communicate, verbally threatening to kill him/herself, or any unusual behavior which may indicate the juvenile may harm him/herself while in either secure or non-secure custody. (b) use of restraints; ☒ ☐ ☐ 312.9 (c) emergency medical assistance and services; and, 312.3.1 When emergency medical attention is required for a juvenile, medical assistance will be called ☒ ☐ ☐ immediately. The Watch Commander shall be notified of the need for medical attention for the juvenile. Department members should administer first aid as applicable. (d) prohibiting use of discipline. ☒ ☐ ☐ 312.8 (o) No discipline may be administered. 1143 CARE OF MINORS IN TEMPORARY 312.8 CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ E (2) one snack upon request during term of temporary F 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, ☒ ☐ ☐ G (4) privacy during consultation with family, guardian, I ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the K ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is J inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 4452 San Diego El Cajon TH PRO 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1144 CONTACT BETWEEN MINORS AND 312.7 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. 1145 DECISION ON SECURE CUSTODY 312.11 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 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 B ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the C ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate D ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who E ☒ ☐ ☐ 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. 4452 San Diego El Cajon TH PRO 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1147 SUPERVISION OF MINORS IN SECURE 312.11.1 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; A ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the D 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 E locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 312.11 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 An employee must be present at all times to direct visual observation to assure the minor's safety while ☒ ☐ ☐ ensure the juvenile’s safety while secured to a secured to a stationary object. stationary object. Securing minors to a stationary object for longer than 60 Juveniles shall not be secured to a stationary minutes, and every 30 minutes thereafter, shall be object for more than 60 minutes. Supervisor approved by a supervisor. approval is required to secure a juvenile to a ☒ ☐ ☐ stationary object for longer than 60 minutes and every 30 minutes thereafter. Supervisor approval should be documented. The decision for securing a minor to a stationary object for The decision for securing a minor to a stationary longer than 60 minutes, and every 30 minutes thereafter shall object for longer than 60 minutes and every 30 ☒ ☐ ☐ be based upon the best interests of the minor and shall be minutes thereafter shall be based upon the best documented. interests of the juvenile offender. 1149 CRITERIA FOR NON-SECURE 321.11 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. 4452 San Diego El Cajon TH PRO 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1150 SUPERVISION OF MINORS IN NON- 312.6 (a-i) 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 312.3 (d)JUVENILES WHO SHOULD NOT BE ANY INTOXICATING SUBSTANCE IN SECURE OR HELD NON-SECURE CUSTODY Significantly intoxicated except when approved by the Watch Commander. A medical clearance Facility administrators shall develop policies and procedures ☒ ☐ ☐ shall be obtained for minors who are under the providing that a medical clearance shall be obtained for influence of drugs, alcohol, or any other minors who are under the influence of drugs, alcohol or any intoxicating substance to the extent that they are other intoxicating substance to the extent that they are unable unable to care for themselves. to care for themselves. Supervision of minors in secure custody in a locked room Officers taking custody of a juvenile who exhibits who display outward signs of being under the influence of any of the above conditions should take drugs, alcohol or any other intoxicating substance shall reasonable steps to provide medical attention or include safety checks at least once every 15 minutes until ☒ ☐ ☐ mental health assistance and notify a supervisor of resolution of the intoxicated state or release. These safety the situation. checks shall be documented, with actual time of occurrence recorded. 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. 4452 San Diego El Cajon TH PRO 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot