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

December 10, 2020 Ed Varso, Chief of Police Escondido Police Department 1163 North Centre city Parkway Escondido, CA 2026 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Varso: 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. The following noncompliance issues is noted: 1029 Policy and Procedures Manual: The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. There are several policy’s that needs to be developed. 4614 San Diego Escondido TH LTR 18-20 Ed Varso, Chief of Police Page 2 of 2 Please refer to the Procedures Checklist for detailed information. Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodel 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, which is outside the jail facility. CORRECTIVE ACTION PLAN If you choose to address the noncompliance issues noted above, please provide a corrective action plan so that BSCC may update our files to indicate compliance. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC 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 Escondido* City Manager, City of Escondido* Presiding Judge, Superior Court, County of San Diego* Grand Jury Foreperson, Superior Court, County of San Diego* Mike Graesser, Sergeant, Escondido Police Department *Copies of the complete reports are available on BSCC website. 4614 San Diego Escondido TH LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4614 FACILITY NAME: Escondido Police Department City Jail FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sergeant Mike Graesser FIELD REPRESENTATIVE: Michael J. Bush DATE: June 30, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Staff reports training requirements have been HOLDING FACILITY TRAINING met. Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such 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 Departmental staff have completed their 8- every two years. Successful completion of the requirements hours refresher course. ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL Arresting officers are responsible for their prisoners. 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. 4614 San Diego Escondido 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 VI J shall be at least one female employee who shall be Female prisoners will not be housed in the immediately available and accessible to such females. facility without a female officer on duty. If no Note: Reference PC§ 4021. appropriate female personnel are on duty, female prisoners will immediately be transported to the county jail for booking and ☒ ☐ ☐ detention. VI K Officers will not enter the room or cell occupied by any prisoner of the opposite sex, except in the company of an employee of the same sex as the prisoner. To determine if there is a sufficient number of personnel for Arresting officers are responsible for their a specific facility, the facility administrator shall prepare and prisoners. 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 II B The watch commander, or his designee, will Safety checks shall be conducted at least hourly through make, or cause to be made, hourly inspections direct visual observation of all inmates. There shall be no ☒ ☐ ☐ of all prisoners confined in the holding facility. more than a 60-minute lapse between safety checks. A log of such inspections and the time they were conducted will be maintained in a logbook provided in the holding facility area. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF Included during 1024 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. 4614 San Diego Escondido 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 By practice the facility follows each regulation. However, the manual is incomplete. Please review each regulations below to determine Facility administrator(s) shall develop and publish a manual which sections requires written policies. of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☐ ☒ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility Watch Commander ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 1.24, Use of Physical Force (4) Policy on the use of restraint equipment, including the 1.56 Restraints Chair restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received III A 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: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ IIIN (B) searches of the facility and inmates, II B ☒ ☐ ☐ IV (C) contraband control, and, IV ☒ ☐ ☐ 1.13, Handcuffing and Searching Prisoners. (D) key control. ☒ ☐ ☐ Each facility administrator shall, at least annually, review, III N evaluate, and make a record of security measures. The review The watch commander (or designee) shall and evaluation shall include internal and external security ☒ ☐ ☐ conduct daily checks of the detention facility measures of the facility including security measures specific for sanitation, safety, and maintenance needs. to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: XI (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ (C) mass arrests; ☒ ☐ ☐ (D) natural disasters; ☒ ☐ ☐ (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ (F) storage, issue, and use of weapons, ammunition, ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ III. D 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4614 San Diego Escondido 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 (9) Segregation of Inmates. ☒ ☐ ☐ VI (10) Zero tolerance in the prevention of sexual abuse and Section added 2019, please add to policy ☒ ☐ ☐ sexual harassment. manual. (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, Section added 2019, please add to policy Type I, II, III, and IV facilities shall provide for, but not be manual. 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, Section added 2019, please add to policy community members, and other interested third-parties manual. to report sexual abuse or sexual harassment. The ☐ ☒ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM III. D A prisoner suspected of being a suicide risk will The facility shall have a comprehensive written suicide not be left unattended. Suicide and mental health prevention program developed by the facility administrator, issues shall be documented on the prisoner log, in conjunction with the health authority and mental health ☐ ☐ ☒ the injured prisoner book, and the arrest report. director, to identify, monitor, and provide treatment to those When prisoners are transported to county jail, the inmates who present a suicide risk. The program shall jail staff shall be notified of any mental health include the following: issues. (a) Suicide prevention training for all staff that have direct ☐ ☐ ☒ contact with inmates. (b) Intake screening for suicide risk immediately upon ☐ ☐ ☒ intake and prior to housing assignment. (c) Provisions facilitating communication among arresting/transporting officers, facility staff, medical and ☐ ☐ ☒ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☐ ☐ ☒ (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ (f) Suicide attempt and suicide intervention policies and ☐ ☐ ☒ procedures. (g) Provisions for reporting suicides and suicides attempts. ☐ ☐ ☒ (h) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility ☐ ☐ ☒ administrator. 1032 FIRE SUPPRESSION PREPLANNING Fire department is in the same building. 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); 4614 San Diego Escondido 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 (b) regular fire prevention inspections by facility staff on a Conducted on 06/02/2018. monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Conducted June 29, 2020. Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ Posted. (e) a plan for the emergency housing of inmates in the case of The San Diego County Jail would be used in this ☒ ☐ ☐ fire. event. 1044 INCIDENT REPORTS By practice a report will be submitted within 24 hrs., however, a written policy for classification is required and needs to be developed. Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ 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. 1046 DEATH IN CUSTODY XIII. (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 1.35 Administration-Confinement of Minors 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. 4614 San Diego Escondido 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 VI (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to 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. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area Prisoners records are kept on the JIMS. for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a Reports are due at the end of shifts. 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 VI E. Upon identification/detection, prisoners with The facility administrator, in cooperation with the communicable diseases will be segregated from responsible physician, shall develop written policies and ☒ ☐ ☐ all others, until they are transferred to the county procedures specifying those symptoms that require jail. 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 VI. D. Mentally disordered prisoners will be placed in The facility administrator, in cooperation with the individual cells, segregated from other prisoners. ☒ ☐ ☐ responsible physician, shall develop written policies and When necessary, transfers of mentally procedures to identify and evaluate all mentally disordered disordered prisoners to a treatment/evaluation inmates, and may include telehealth. facility. If an evaluation from medical or mental health staff is not Will occur at the count Jail. 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. 4614 San Diego Escondido 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 VI. Assaultive prisoners will not be brought into the Except in Type IV facilities, each facility administrator shall facility. 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 balance of the text of the regulation has been The safety cell described in Title 24, Part 2, 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 III. C. 2. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will Sobering cell for intoxication remains in the cell receive an evaluation by responsible health care staff. over six hours without being transported to a ☒ ☐ ☐ medical facility for medical clearance. Detoxification services are not provided in this facility. Intermittent direct visual observation of inmates held in the Intermittent direct visual observation of persons sobering cell shall be conducted no less than every half hour. held in the sobering cell shall be conducted no Such observation shall be documented. ☒ ☐ ☐ less than every half hour. The time of the check and the initials of the officer conducting the check will be noted on the log. 4614 San Diego Escondido 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 1057 DEVELOPMENTALLY DISABLED V. D. INMATES Prisoners would be transported to an appropriate facility prior to this time. 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 1.56 Restraints Chair Restraint chair is available. 2 hrs. maximum The facility administrator, in cooperation with the restraints before prisoner is released from the responsible physician, shall develop written policies and ☒ ☐ ☐ chair and transferred to an appropriate facility. procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☒ ☐ ☐ following areas: acceptable restraint devices; signs or symptoms which should result in immediate Medical staff at any facility to which the medical/mental health referral; individual is transferred shall be advised that the subject was confined in the restraint chair and ☒ ☐ ☐ notified of the duration of the restraint. This notification shall also be included in the officer’s written documentation. availability of cardiopulmonary resuscitation equipment; F. Officers should be aware of symptoms of medical distress such as loss of consciousness, chest pain, difficulty breathing, and signs the prisoner is in a state of excited delirium. In these ☒ ☐ ☐ cases, officers shall immediately call for paramedics and administer first aid, as necessary. The Automated External Defibrillator (AED) is located on the west wall of the holding facility. protective housing of restrained persons; ☒ ☐ ☐ provision for hydration and sanitation needs; and ☐ ☐ ☒ Will be released after 2 hrs. exercising of extremities. ☐ ☐ ☒ Will be released after 2 hrs. In no case shall restraints be used for punishment or as a VI substitute for treatment. ☒ ☐ ☐ A. The restraint chair shall not be used for punishment. Restraint devices shall only be used on inmates who display C. The restraint chair may also be utilized to behavior which results in the destruction of property or restrain persons who have exhibited or conveyed reveal an intent to cause physical harm to self or others. intent to cause injury or harm to themselves or Restraint devices include any devices which immobilize an others. inmate's extremities and/or prevent the inmate from being ☒ ☐ ☐ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. 4614 San Diego Escondido 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 Inmates shall be placed in restraints only with the approval B. A supervisor must provide approval for of the facility manager, the facility watch commander, every restraint chair placement. ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be H. In every restraint chair placement, the secured within one hour from the time of placement. ☐ ☐ ☒ prisoner must be medically cleared at an appropriate medical facility. A medical assessment shall be completed within four hours Will be released after 2 hrs. ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with Will be released after 2 hrs. 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 K. Any time an individual is placed in the every thirty minutes to ensure that the restraints are properly restraint chair, a log entry must be made on the employed, and to ensure the safety and well-being of the restraint chair observation log stating the ☒ ☐ ☐ inmate. Such observation shall be documented. subject’s name, age, charge, time in/time out of the chair, reason for the restraint and officer/witness 15-minute observation entries. While in restraint devices all inmates shall be housed alone J. Once a subject is placed in the restraint or in a specified housing area for restrained inmates which ☒ ☐ ☐ chair, other prisoners will be kept physically makes provisions to protect the inmate from abuse. separated from the restrained person. 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 VI I Suspected pregnant female will not be The facility administrator, in cooperation with the restrained. 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 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 I. No arrestee who is in labor shall be recovery after delivery, shall not be restrained by the handcuffed or restrained by the wrists, ankles or wrists, ankles, or both, unless deemed necessary for the ☐ ☐ ☒ both unless it is reasonably necessary for the safety and security of the inmate, the staff, or the public. safety of the arrestee, officer or others (Cal. Penal Code 6030). (3) Restraints shall be removed when a professional who is 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 be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE By practice, prisoners receive their phone call, however, a written policy is required and needs to be developed. 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. 4614 San Diego Escondido TH PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1068 ACCESS TO COURTS AND COUNSEL An attorney may visit with the prisoners; however, a written policy is required and needs The facility administrator shall develop written policies and ☒ ☐ ☐ to be developed. procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these Prisoners are not held long enough (2-6 hrs.) to ☐ ☐ ☒ regulations, and, receive mail. (b) confidential consultation with attorneys. Will occur when the prisoners are transported to ☒ ☐ ☐ the county jail. 1080 RULES AND DISCIPLINARY PENALTIES Discipline will not be administered. Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary penalties to guide inmate conduct. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Youth are held in the administrative officer’s report writing area. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☐ ☒ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? 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. 4614 San Diego Escondido TH PRO 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot