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San Diego County (2018-2020 inspection cycle)

Board of State and Community Corrections · inspection-san-diego-county-juvenile-hall-and-camp-2018-2020 · Juvenile inspection · 2021-02-22 · San Diego County

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February 22, 2021 Adolfo Gonzales, Chief Probation Officer San Diego County Probation Department PO Box 23597 San Diego, CA 92193-3597 SAN DIEGO COUNTY 2018-2020 BIENNIAL INSPECTION PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 209 AND 885 Dear Chief Gonzales: As you are aware, The Board of State and Community Corrections (BSCC) is statutorily required to inspect all local juvenile detention facilities biennially for compliance with the Minimum Standards for Juvenile Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR), per Welfare and Institutions Code (WIC) Sections 209 and 885. 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, annual inspections by the county building inspection agency (designated by the Board of Supervisors), State Fire Marshal or fire authority, County Health Officer, County Superintendent of Schools, Juvenile Court, and Juvenile Justice Commission. There were no noncompliance issues as it relates to required local inspections. 7491+ San Diego JH LTR 18-20 Adolfo Gonzales, Chief of Police Page 2 of 2 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. There are policy standards that need to be updated: Section 1324, Policies 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. Please refer to the Procedures Checklist for detailed information. Several regulation section policies need to be developed or revised. Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodel projects concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The JJDPA prohibits status offenders from being held in secure detention with certain exceptions. At the Juvenile Center, WIC 601 offenders are occasionally held in holding cells, sight and sound separate from other youth, pending release to their parents or guardians. Such detention is a recognized exception of the JJDPA and WIC Section 207(B)(2). Corrective Action Plan As required by WIC 209(d), please provide a Corrective Action Plan (CAP) within 60 days of this letter, informing us how you intend to correct the issues of noncompliance identified in this report. By our calculations. If the CAP is not received in 60 days, the facility shall be unsuitable for the confinement of minors. The corrective action plan shall outline how the agency plans to correct the issues of noncompliance and give a reasonable timeframe, not to exceed 90 days, for resolution. If the issue of noncompliance is not corrected within 90 days following receipt of the CAP, the BSCC Board will make a determination of suitability at its next scheduled meeting. 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, 7491+ San Diego JH LTR 18-20 Adolfo Gonzales, Chief of Police Page 2 of 2 I want to assure you that BSCC remains committed to being a resource to your agency regarding 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: Presiding Judge, Juvenile Court, San Diego County* Chair, Juvenile Justice Commission, San Diego County * Chair, Board of Supervisors, San Diego County* County Administrator, San Diego County* Tim Hancock, Division Chief, San Diego Probation Department *Copies of the complete reports are available on BSCC website. 7491+ San Diego JH LTR 18-20 JUVENILE HALLS, SPECIAL PURPOSE JUVENILE HALLS AND CAMPS Board of State and Community Corrections PROCEDURES CHECKLIST1 BSCC Code: 7491+ FACILITY NAME: Kearny Mesa Juvenile Detention Facility FACILITY TYPE: JH FACILITY NAME: East Mesa Juvenile Detention Facility FACILITY TYPE: JH FACILITY NAME: Urban Camp FACILITY TYPE: Camp PERSON(S) INTERVIEWED: Division Chief Tim Hancock and Supervising Probation Officer Matthew Strickland FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/22/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1313 COUNTY INSPECTION AND EVALUATION OF BUILDING AND GROUNDS On an annual basis, or as otherwise required by law, ☐ ☒ ☐ each juvenile facility administrator shall obtain a documented inspection and evaluation from the following: (A) County building inspection by agency designated by EMJD KMJD ☐ the Board of Supervisors to approve building safety; ☐ ☒ 04/13/19 12/18/2018 04/30/2020 (B) Fire authority having jurisdiction, including a fire EMJD KMJD clearance as required by Health and Safety Code ☒ ☐ ☐ 04/23/2019 12/18/2018 04/17/202 Section 13146.1 (a) and (b); (C) Local health officer, inspection in accordance with EMJD KMJD ☐ ☐ Health and Safety Code Section 101045; ☒ 04/12/2019 04/02/2019 01/29/2020 04/15/2020 (D) County superintendent of schools on the adequacy EMJD KMJD ☐ ☐ of educational services and facilities as required in ☒ 06/04/2018 06/03/2020 Section 1370; 06/03/2020 06/03/2020 (E) Juvenile court as required by Section 209 of the EMJD KMJD ☐ ☐ Welfare and Institutions Code ☒ 03/05/2020 03/05/2019 02/18/2020 02/18/2020 (F) Juvenile Justice Commission as required by Section EMJD KMJD 229 of the Welfare and Institutions Code or ☐ ☐ ☒ 09/28/2018 05/01/2018 Probation Commission as required by Section 240 of 06/25/2019 06/10/2019 the Welfare and Institutions Code. 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 5 for the complete list and text of regulations. 7491+ San Diego JH PRO 18-20 - 1 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1320 APPOINTMENT AND QUALIFICATIONS CPO Letter Confirm BSCC Note: Compliance with this section is determined by receipt of the Chief Probation Officer’s certification letter confirming that all elements of regulation are met. (a) Appointment ☒ ☐ ☐ In each juvenile facility there shall be a superintendent, director or facility manager in charge of its program and employees. Such superintendent, director, facility manager and other employees of the facility shall be appointed by the facility administrator pursuant to applicable provisions of law. (b) Employee Qualifications ☒ ☐ ☐ Each facility shall: (1) recruit and hire employees who possess knowledge, CPO Letter Confirm skills and abilities appropriate to their job ☒ ☐ ☐ classification and duties in accordance with applicable civil service or merit system rules; (2) require a medical evaluation and physical CPO Letter Confirm examination including tuberculosis screening test ☒ ☐ ☐ and evaluation for immunity to contagious illnesses of childhood (i.e., diphtheria, rubeola, rubella, and mumps); (3) adhere to the minimum standards for the selection CPO Letter Confirm ☒ ☐ ☐ and training requirements adopted by the Board pursuant to Section 6035 of the Penal Code; and (4) conduct a criminal records review, on each new CPO Letter Confirm employee, and psychological examination in ☒ ☐ ☐ accordance with Section 1031 et seq. of the Government Code. (c) Contract personnel, volunteers, and other non- CPO Letter Confirm employees of the facility, who may be present at the facility, shall have such clearance and qualifications ☒ ☐ ☐ as may be required by law, and their presence at the facility shall be subject to the approval and control of the facility manager. 1321 STAFFING Each facility has adequate staffing to meet the ☒ ☐ ☐ title 15 required youth to staff ratios and therefore Each juvenile facility shall: in compliance with this regulation. a) have an adequate number of personnel sufficient to IS Policy Section 2.2.1 carry out the overall facility operation and its programming, to provide for safety and security of ☒ ☐ ☐ IS Policy Section 2.2.1 youth and staff, and meet established standards and regulations; b) ensure that no required services shall be denied IS Policy Section 2.2.2 ☒ ☐ ☐ because of insufficient numbers of staff on duty absent exigent circumstances; 7491+ San Diego JH PRO 18-20 - 2 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS c) have a sufficient number of supervisory level staff to ☒ ☐ ☐ IS Policy Section 2.2.2 ensure adequate supervision of all staff members; d) have a clearly identified person on duty at all times IS Policy Section 2.2.2 who is responsible for operations and activities and ☒ ☐ ☐ has completed the Juvenile Corrections Officer Core Course and PC 832 training; e) have at least one staff member present on each living ☒ ☐ ☐ IS Policy Section 2.2.2 unit whenever there are youth in the living unit; f) have sufficient food service personnel relative to the IS Policy Section 2.2.6 number and security of living units, including staff qualified and available to: plan menus meeting nutritional requirements of youth; provide kitchen ☒ ☐ ☐ supervision; direct food preparation and servings; conduct related training programs for culinary staff; and maintain necessary records; or, a facility may serve food that meets nutritional standards prepared by an outside source; g) have sufficient administrative, clerical, recreational, IS Policy Section 2.2.2 medical, dental, mental health, building Ancillary staff are not included in staffing ratios maintenance, transportation, control room, facility are not responsible for youth supervision. ☒ ☐ ☐ security and other support staff for the efficient management of the facility, and to ensure that youth supervision staff shall not be diverted from supervising youth; and, h) assign sufficient youth supervision staff to provide IS Policy Section 2.2.2 continuous wide-awake supervision of youth, Supervision staff provide continuous wide-awake subject to temporary variations in staff assignments ☒ ☐ ☐ supervision of youth, subject to temporary to meet special program needs. Staffing shall be in variations in staff assignments to meet special compliance with a minimum youth-staff ratio for the program needs. following facility types: (1) Juvenile Halls (minimum youth-staff ratio) IS Policy Section 2.2.3 (A) during the hours that youth are awake, one wide- A minimum of two wide-awake child supervision awake youth supervision staff member on duty for staff members shall be on duty at all times, each 10 youth in detention; ☒ ☐ ☐ regardless of the number of youth in the facility, unless an arrangement has been made for backup support services which allow for immediate response to emergencies. (B) during the hours that youth are confined to their IS Policy Section 2.2.3 room for the purpose of sleeping, one wide-awake ☒ ☐ ☐ youth supervision staff member on duty for each 30 youth in detention; (C) at least two wide-awake youth supervision staff IS Policy Section 2.2.3 members on duty at all times, regardless of the number of youth in detention, unless an arrangement has been made for backup support ☒ ☐ ☐ services which allow for immediate response to emergencies; and, 7491+ San Diego JH PRO 18-20 - 3 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (D) at least one youth supervision staff member on duty IS Policy Section 2.2.3 ☒ ☐ ☐ who is the same gender as youth housed in the facility. (E) personnel with primary responsibility for other IS Policy Section 2.2.8.9 duties such as administration, supervision of ☒ ☐ ☐ personnel, academic or trade instruction, clerical, kitchen or maintenance shall not be classified as youth supervision staff positions. (2) Special Purpose Juvenile Halls (minimum youth- staff ratio) ☐ ☐ ☒ (A) during hours that youth are awake, one wide-awake youth supervision staff member is on duty for each 10 youth in detention; (B) during the hours that youth are confined to their room for the purpose of sleeping, one wide-awake youth ☐ ☐ ☒ supervision staff member on duty for each 30 youth in detention; (C) at least two wide-awake youth supervision staff members on duty at all times, regardless of the ☐ ☐ ☒ number of youth in detention, unless an arrangement has been made for backup support services which allow for immediate response to emergencies; and, (D) at least one youth supervision staff member on duty ☐ ☐ ☒ who is the same gender as youth housed in the facility. (E) personnel with primary responsibility for other duties such as administration, supervision of ☐ ☐ ☒ personnel, academic or trade instruction, clerical, kitchen or maintenance shall not be classified as youth supervision staff positions. (3) Camps (minimum youth -staff ratio) IS Policy Section 2.2.3 (A) during the hours that youth are awake, one wide- ☒ ☐ ☐ During the hours that youth are awake, one wide- awake youth supervision staff member on duty for awake child supervision staff member shall be on each 15 youth in the camp population; duty for each 15 youth in the camps. (B) during the hours that youth are confined to their IS Policy Section 2.2.3 room for the purpose of sleeping, one wide-awake ☒ ☐ ☐ youth supervision staff member on duty for each 30 youth present in the facility; (C) at least two wide-awake youth supervision staff IS Policy Section 2.2.3 members on duty at all times, regardless of the A minimum of two wide-awake child supervision number of youth in residence, unless arrangements staff members shall be on duty at all times, have been made for backup support services which ☒ ☐ ☐ regardless of the number of youth in the facility, allow for immediate response to emergencies; unless an arrangement has been made for backup support services which allow for immediate response to emergencies. 7491+ San Diego JH PRO 18-20 - 4 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (D) at least one youth supervision staff member on duty IS Policy Section 2.2.3 who is the same gender as youth housed in the A minimum of one male and one female child facility; ☒ ☐ ☐ supervision staff member shall be on duty whenever both male and female youth are housed in the facility. (E) in addition to the minimum staff to youth ratio In addition to meeting ratios, the camp staffing required in (h)(3)(A)-(B), consideration shall be includes additional officers for supervision of the kitchen, work crews, special events and projects given to the size, design, and location of the camp; (when applicable) and transportation. types of youth committed to the camp; and the function of the camp in determining the level of There are guidelines establishing the appropriate supervision necessary to maintain the safety and ☒ ☐ ☐ age and charge type for youth who are committed welfare of youth and staff; to camp and staffing is designed to reflect the type of offenders who may be committed to the camp. For example, sex offenders and individuals over the age of 17.5 may not be committed to the camp without case review and approval at the Division Chief level. (F) personnel with primary responsibility for other IS Policy Section 2.2.8.9 duties such as administration, supervision of personnel, academic or trade instruction, clerical, ☒ ☐ ☐ farm, forestry, kitchen or maintenance shall not be classified as youth supervision staff positions. 1322 YOUTH SUPERVISION STAFF IS Policy Section 3.4 ORIENTATION AND TRAINING (a) Prior to assuming any responsibilities each youth ☒ ☐ ☐ supervision staff member shall be properly oriented to their duties, including: (1) youth supervision duties; ☒ ☐ ☐ IS Policy Section 3.4 (2) scope of decisions they shall make; ☒ ☐ ☐ IS Policy Section 3.4 (3) the identity of their supervisor; ☒ ☐ ☐ IS Policy Section 3.4 (4) the identity of persons who are responsible to IS Policy Section 3.4 ☒ ☐ ☐ them; (5) persons to contact for decisions that are beyond IS Policy Section 3.4 ☒ ☐ ☐ their responsibility; and (6) ethical responsibilities. ☒ ☐ ☐ IS Policy Section 3.4 (b) Prior to assuming any responsibility for the IS Policy Section 3.4.2 supervision of youth, each youth supervision staff ☒ ☐ ☐ member shall receive a minimum of 40 hours of facility-specific orientation, including: (1) individual and group supervision techniques; ☒ ☐ ☐ IS Policy Section 3.4.2 (2) regulations and policies relating to discipline and IS Policy Section 3.4.2 rights of youth pursuant to law and the ☒ ☐ ☐ provisions of this chapter; (3) basic health, sanitation and safety measures; ☒ ☐ ☐ IS Policy Section 3.4.2 (4) suicide prevention and response to suicide IS Policy Section 3.4.2 ☒ ☐ ☐ attempts 7491+ San Diego JH PRO 18-20 - 5 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (5) policies regarding use of force, de-escalation IS Policy Section 3.4.2 techniques, chemical agents, mechanical and ☒ ☐ ☐ physical restraints; (6) review of policies and procedures referencing IS Policy Section 3.4.2 ☒ ☐ ☐ trauma and trauma-informed approaches; (7) procedures to follow in the event of IS Policy Section 3.4.2 ☒ ☐ ☐ emergencies; (8) routine security measures, including facility IS Policy Section 3.4.2 ☒ ☐ ☐ perimeter and grounds; (9) crisis intervention and mental health referrals to IS Policy Section 3.4.2 ☒ ☐ ☐ mental health services; (10) documentation; and ☒ ☐ ☐ IS Policy Section 3.4.2 (11) fire/life safety training ☒ ☐ ☐ IS Policy Section 3.4.2 (c) Prior to assuming sole supervision of youth, each IS Section 3.4.3 youth supervision staff member shall successfully complete the requirements of the Juvenile ☒ ☐ ☐ Corrections Officer Core Course pursuant to Penal Code Section 6035. (d) Prior to exercising the powers of a peace officer IS Section 3.3.2 youth supervision staff shall successfully complete ☒ ☐ ☐ training pursuant to Section 830 et seq. of the Penal Code. 1323 FIRE AND LIFE SAFETY IS Section 2.2.8.2 Whenever there is a youth in a juvenile facility, there The Division Chief ensure that there is at least shall be at least one wide awake person on duty at all ☒ ☐ ☐ one person on duty at all times who meets the training standards for general fire and life safety. times who meets the training standards established by the Board for general fire and life safety which relate Every core trained staff have attended fire and life specifically to the facility. safety training. 1324 POLICY AND PROCEDURES MANUAL IS Policy Section 1.5.1.1 Reviewed annually All facility administrators shall develop, publish, and IS Policy Section 1.5.2 Accessible implement a manual of written policies and procedures Several regulation sections policies need to be that address, at a minimum, all regulations that are developed and or revised. Please review applicable to the facility. Such a manual shall be made checklist. available to all employees, reviewed by all employees, ☐ ☒ ☐ and shall be administratively reviewed at a minimum every two years, and updated, as necessary. Those records relating to the standards and requirements set forth in these regulations shall be accessible to the Board on request. The manual shall include: (a) table of organization, including channels of IS Policy Section 1.2.2 communications and a description of job ☒ ☐ ☐ classifications; 7491+ San Diego JH PRO 18-20 - 6 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) responsibility of the probation department, purpose IS Policy Section 1.2 of programs, relationship to the juvenile court, the Juvenile Justice/Delinquency Prevention ☒ ☐ ☐ Commission or Probation Committee, probation staff, school personnel and other agencies that are involved in juvenile facility programs; (c) responsibilities of all employees; ☒ ☐ ☐ IS Policy Section 2.2.8 (d) initial orientation and training program for IS Policy Section 3.3 employees; ☒ ☐ ☐ Training programs are required for all officers performing supervision of youth. (e) initial orientation, including safety and security IS Policy Section 3.6 issues and anti-discrimination policies, for support Initial orientation is also provided for non-sworn staff, contract employees, school, mental/behavioral ☒ ☐ ☐ staff members assigned to IS. This includes health and medical staff, program providers and support staff, contract employees, school and volunteers; medical staff, and program providers and volunteers. (f) maintenance of record-keeping, statistics and ☒ ☐ ☐ communication system to ensure: (1) efficient operation of the juvenile facility; ☒ ☐ ☐ IS Policy Section 4.2.3.10 (2) legal and proper care of youth; ☒ ☐ ☐ IS Policy Section 4.2.6 (3) maintenance of individual youth's records; ☒ ☐ ☐ IS Policy Section 4.2.6.1 (4) supply of information to the juvenile court and IS Policy Section 4.2.3 ☒ ☐ ☐ those authorized by the court or by the law; and, (5) release of information regarding youth. ☒ ☐ ☐ IS Policy Section 4.4.2 (g) ethical responsibilities; ☒ ☐ ☐ IS Policy Section 1.3.6 (h) trauma-informed approaches; ☐ ☒ ☐ Exists in draft policy update (i) culturally responsive approaches; ☐ ☒ ☐ Exists in draft policy update 1003 and 102 (j) gender responsive approaches; ☒ ☐ ☐ IS Policy Section 5.4 (k) a non-discrimination provision that provides that all IS Policy Section 5.4.3 youth within the facility shall have fair and equal The facility maintains and promotes an access to all available services, placement, care, environment that provides the highest quality of treatment, and benefits, and provides that no person services to youth regardless of their actual or shall be subject to discrimination or harassment on perceived sexual orientation or gender identity. the basis of actual or perceived race, ethnic group Confined LGBTQI youth receives fair and equal ☒ ☐ ☐ identification, ancestry, national origin, immigration treatment, without bias and in a professional and status, color, religion, gender, sexual orientation, confidential manner based on principles of sound gender identity, gender expression, mental or professional practice. physical disability, or HIV status, including IS Policy Section 6.0 restrictive housing or classification decisions based solely on any of the above mentioned categories; (l) storage and maintenance requirements for any IS Policy Section 14.3.2.1 chemical agents related security devices, and ☒ ☐ ☐ IS Policy Section 14.3.11.1 weapons and ammunition, where applicable; (m) establishment of procedures for collection of Medi- IS Policy Section 8.1.9 Cal eligibility information and enrollment of eligible ☒ ☐ ☐ youth; and, 7491+ San Diego JH PRO 18-20 - 7 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (n) establishment of a policy that prohibits all forms of Department Policy Section 800.3 sexual abuse, sexual assault and sexual harassment. The policy shall include an approach to preventing, detecting and responding to such conduct and any ☒ ☐ ☐ retaliation for reporting such conduct, as well as a provision for reporting such conduct by youth, staff or a third party. 1325 FIRE SAFETY PLAN IS Policy Section 13.4 The facility administrator shall consult with the local fire department having jurisdiction over the facility, or with In all instances involving a fire, the preservation of life shall supersede all other concerns. Staff the State Fire Marshal, in developing a plan for fire safety discovering or responding to a fire shall secure which shall include, but not be limited to: ☒ ☐ ☐ the safety of all youth within their immediate control, prior to initiating fire suppression and containment efforts. Secondary to ensuring the safety of all youth and staff is the preservation of facility buildings and property. a) a fire prevention plan to be included as part of the IS Policy Section 13.4 ☒ ☐ ☐ manual of policy and procedures; b) monthly fire and life safety inspections by facility IS Policy Section 13.4.5 staff with two- year retention of the inspection A monthly fire and life safety inspection of the record; facility is conducted. Any deficiencies found ☒ ☐ ☐ during this inspection shall be corrected prior to the next monthly inspection. IS Policy Section 13.4.6 c) fire prevention inspections as required by Health IS Policy Section 13.4.5 and Safety Code Section 13146.1(a) and (b); ☒ ☐ ☐ See section 1313 for each fire inspection date. d) an evacuation plan; IS Policy Section 13.4.7 ☒ ☐ ☐ IS Policy Section 13.4.10 e) documented fire drills not less than quarterly; ☒ ☐ ☐ IS Policy Section 13.4.9.1 f) a written plan for the emergency housing of youth in IS Policy Section 13.4.7 ☒ ☐ ☐ the case of fire; and, IS Policy Section 13.4.10 g) development of a fire suppression pre-plan in IS Policy Section 13.4.8.2 ☒ ☐ ☐ cooperation with the local fire department. 1326 SECURITY REVIEW IS Policy Section 5.14.12.1 Each facility administrator shall develop policies and Conducted by the facility Division Chief. procedures to annually review, evaluate, and document ☒ ☐ ☐ security of the facility. The review and evaluation shall include internal and external security, including, but not limited to, key control, equipment, and staff training. 7491+ San Diego JH PRO 18-20 - 8 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1327 EMERGENCY PROCEDURES 2.2.9.3 The facility administrator shall develop facility-specific In the event of an emergency or disaster policies and procedures for emergencies that shall involving serious consequences to life or include, but not be limited to: property, custodial responsibility and control of the youth may be delegated. The most senior ☒ ☐ ☐ officer on the scene has the power to exercise discretionary authority in these situations. However, the Facility Division Chief or Deputy Chief Probation Officer should be contacted at the earliest opportunity. IS Policy Section 13 (a) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ IS Policy Section 13 (b) civil disturbance, active shooter and terrorist attack; ☒ ☐ ☐ IS Policy Section 13 (c) fire and natural disasters; ☒ ☐ ☐ IS Policy Section 13 (d) periodic testing of emergency equipment; ☒ ☐ ☐ IS Policy Section 13 (e) emergency evacuation of the facility; and ☒ ☐ ☐ IS Policy Section 13 (f) a program to provide all youth supervision staff IS Policy Section 13 with an annual review of emergency procedures. Youth supervision staff annual review of ☒ ☐ ☐ emergency procedures is accomplished through staff annual training “Juvenile Institutions Emergency Procedure Manual,” which is 1.5 hours certified STC course. 1328 SAFETY CHECKS IS Policy Section 5.6 The facility administrator shall develop and implement IS Policy Section 5.6.8 policy and procedures that provide for direct visual In the event a check or its documentation is late, a observation of youth at a minimum of every 15 minutes, notation is made on the reverse side of the safety at random or varied intervals during hours when youth check form. This information is audited and are asleep or when youth are in their rooms, confined in responded to by supervisors. ☒ ☐ ☐ holding cells or confined to their bed in a dormitory. Supervision is not replaced, but may be supplemented by, an audio/visual electronic surveillance system designed to detect overt, aggressive or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented with the actual time the check is completed. 1329 SUICIDE PREVENTION PLAN IS Policy Section 8.11 The facility administrator, in collaboration with the Each facility has a comprehensive written suicide healthcare and behavioral/mental health administrators, prevention program developed by the health shall plan and implement written policies and administrator, mental health director and facility procedures which delineate a Suicide Prevention Plan. ☒ ☐ ☐ administrator. The plan shall consider the needs of youth experiencing past or current trauma. Suicide prevention responses shall be respectful and in the least invasive manner consistent with the level of suicide risk. The plan shall include the following elements: 7491+ San Diego JH PRO 18-20 - 9 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (a) Suicide prevention training as required in IS Policy Section 8.11.3 Section 1322, Youth Supervision Staff All sworn institutional staff receive 8 hours of Orientation, and Training and the Juvenile suicide prevention training that includes warning Corrections Officer Core Course. ☒ ☐ ☐ signs and symptoms, identification and management of suicidal youth, and components of the facility’s formal suicide prevention policy. An annual refresher training will include a review of predisposing factors, signs, and symptoms. (b) Screening, Identification Assessment and IS Policy Section 8.11.4 Precautionary Protocols ☒ ☐ ☐ Primary screening for suicide risk will take place (1) All youth shall be screened for risk of immediately upon arrival at each probation suicide at intake and as needed during facility. detention. (2) All youth supervision staff who perform IS Policy Section 8.11.3 intake processes shall be trained in ☒ ☐ ☐ screening youth for risk of suicide. (3) All youth who have been identified during IS Policy Section 8.11.4 the intake screening process to be at risk of Staff, who is responsible for processing new suicide shall be referred to ☒ ☐ ☐ intakes will administer the Columbia-Suicide behavioral/mental health staff for a suicide Severity Rating Scale on all youth entering their risk assessment. facility. (4) Precautionary protocols shall be developed IS Policy Section 8.11.4 to ensure the youth’s safety pending the Affirmative responses to certain questions on the behavioral/mental health assessment. ☒ ☐ ☐ screening tool will generate notification to the watch commander who will consult with the STAT Team and make decisions about appropriate next steps. (c) Referral process to behavioral/mental health IS Policy Section 8.11.5 staff for assessment and/or services. Staff will receive training on suicide warning signs, and must communicate with all members of the multidisciplinary team (Probation, ☒ ☐ ☐ Education, the contracted medical provider, STAT), and actively make appropriate referrals to the mental health and medical staff using the Suicide Prevention Referral Form developed by the STAT Team. (d) Procedures for monitoring of youth identified IS Policy Section 8.11.7 at risk for suicide. Close observation is used primarily with youth who are not actively suicidal, but express suicidal thoughts without specific intent or plan and/or who have a recent prior history of self-destructive ☒ ☐ ☐ behavior. Youth who deny suicidal thoughts or do not threaten suicide but demonstrate behavior that indicates potential for self-harm shall also be placed on close observation. (e) Safety Interventions IS Policy Section 8.11.8 7491+ San Diego JH PRO 18-20 - 10 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (1) Procedures to address intervention An individualized treatment plan shall be protocols for youth identified at risk for developed for any youth held on suicide suicide which may include, but are not prevention. limited to: The plan will include signs and symptoms ☒ ☐ ☐ specific to the youth, triggers, or circumstances to consider as increasing recurrence of suicidality, describe how the youth can avoid suicidal thoughts and discrete steps and actions that staff will take if suicidality reoccurs. A. Housing consideration IS Policy Section 8.11.6 ☒ ☐ ☐ Rooms designated to house suicidal youth will be suicide-resistant, free of protrusions and provide full visibility. B. Treatment strategies including This is not included in the current policy manual ☐ ☒ ☐ trauma-informed approaches but is included in draft update 707. (2) Procedures to instruct youth supervision IS Policy Sections 8.11.6 through 8.11.8 staff how to respond to youth who exhibit suicidal behaviors. An individualized treatment plan shall be developed for any youth held on suicide prevention. The plan will include signs and symptoms specific to the youth, triggers, or circumstances to ☒ ☐ ☐ consider as increasing recurrence of suicidality, describe how the youth can avoid suicidal thoughts and discrete steps and actions that staff will take if suicidality reoccurs. This document, developed while a youth is on suicide prevention, will be distributed to medical staff and sworn institutional staff when the youth is taken off suicide prevention status. (f) Communication IS Policy Section 8.11.5 (1) The intake process shall include communication with the arresting officer ☒ ☐ ☐ and family guardians regarding the youth’s past or present suicidal ideations, behaviors or attempts. (2) Procedures for clear and current IS Policy Section 8.11.5 information sharing about youth at risk for ☒ ☐ ☐ suicide with youth supervision, healthcare, and behavioral/mental health staff. (g) Debriefing of Critical Incidents Related to IS Policy Section 8.11.11 Suicides or Attempts ☒ ☐ ☐ (1) Process for administrative review of the circumstances and responses proceeding, during and after the critical incident. (2) Process for a debriefing event with affected IS Policy Section 8.11.10 ☒ ☐ ☐ staff. (3) Process for a debriefing event with affected IS Policy Section 8.11.10 ☒ ☐ ☐ youth. 7491+ San Diego JH PRO 18-20 - 11 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (h) Documentation IS Policy Section 8.11.9 (1) Documentation processes shall be ☒ ☐ ☐ developed to ensure compliance with this regulation Youth identified at risk for suicide shall not be denied Not included in current policy. Is included in the opportunity to participate in facility programs, draft update 707.4. services and activities which are available to other non- suicidal youth, unless deemed necessary for the safety ☐ ☒ ☐ of the youth or security of the facility. Any deprivation of programs, services or activities for youth at risk of suicide shall be documented and approved by the facility manager. 1340 REPORTING OF LEGAL ACTIONS IS Policy Section 4.1.2 Each facility shall submit to the Board a letter of ☒ ☐ ☐ notification on each legal action, pertaining to conditions of confinement, filed against persons or legal entities responsible for juvenile facility operation. 1341 DEATH AND SERIOUS ILLNESS OR INJURY OF A YOUTH WHILE IS Policy Section 8.12 DETAINED IS Policy Section 8.12.3 (1) Death of a Youth. IS Policy Section 8.12.4 (a) The facility administrator, in cooperation with the health administrator and the behavioral/mental health director, shall develop written policies and ☒ ☐ ☐ procedures in the event of the death of a youth while detained, which include notifications to necessary parties, which may include the Juvenile Court, the parent, guardian or person standing in loco parentis and the youth’s attorney of record. (b) The health administrator, in cooperation with the IS Policy Section 8.12.5 facility administrator, shall develop written policies and procedures to assure there is a medical and operational review of every in-custody death of a ☒ ☐ ☐ youth. The review team shall include the facility administrator and/or facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. (c) The administrator of the facility shall provide to the IS Policy Section 4.1.4 Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A ☒ ☐ ☐ copy of the report shall be submitted to the Board within 10 calendar days after the death. (d) Upon receipt of a report of the death of a youth from IS Policy Section 8.12.3.5 the administrator, the Board may within 30 calendar IS Policy Section 4.1.3 days inspect and evaluate the juvenile facility, jail, IS Policy Section 4.4.13 through 4.4.15 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. 7491+ San Diego JH PRO 18-20 - 12 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (2) Serious Illness or Injury of Youth IS Policy Section 8.12.4 (a) The facility administrator, in cooperation with the health administrator, shall develop written policies and procedures for the notification to necessary ☒ ☐ ☐ parties, which may include the Juvenile Court, the parent, guardian or person standing in loco parentis and the youth’s attorney of record in the case of a serious illness or injury of a youth. 1342 POPULATION ACCOUNTING IS Policy 4.1.4 Each juvenile facility shall submit required population ☒ ☐ ☐ and profile survey reports to the Board within 10 working days after the end of each reporting period, in a format to be provided by the Board. 1343 JUVENILE FACILITY CAPACITY This has not occurred during the inspection period. When the number of youth detained in a living unit of a juvenile facility exceeds its rated capacity for more than ☐ ☐ ☒ fifteen (15) calendar days in a month, the facility administrator shall provide a crowding report to the Board in a format provided by the Board. 1350 ADMITTANCE PROCEDURES IS Policy Section 5.1.1 The facility administrator shall develop and implement Probation Operation Procedure Section 5.1.1.17 written policies and procedures for admittance of youth Probation Operation Procedure Section 5.1.3.11 that emphasize respectful and humane engagement with At admission, the facility utilizes several youth, and reflect that the admission process may be assessments to determine the needs and risks a traumatic to youth who may have already experienced youth may pose once detained. The screenings trauma. Policies shall be trauma-informed, culturally address medical or mental health conditions, relevant, and responsive to the language and literacy suicidal thoughts or tendencies, gender specific ☒ ☐ ☐ needs of youth. In addition to the requirements of issues which would require special admission documentation as well as referrals to medical or Sections 1324 and 1430 of these regulations: behavioral health. There is also a specific classification process to address the results of certain assessments. There are also forms with checklists to assure all youth are provided all aspects of the regulation. (a) the admittance process shall include: IS Policy Section 6.4.8.2 (1) Access to two free phone calls within one hour ☒ ☐ ☐ IS Policy Section 6.7 of admittance in accordance with the provisions of Welfare and Institution Code Section 627; (2) Offer of a shower; ☐ ☒ ☐ Included in draft policy update 501, 502, 504 (3) Documented secure storage of personal Included in draft policy update 501, 502, 504 ☐ ☒ ☐ belongings; (4) Offer of food upon arrival; ☐ ☒ ☐ Included in draft policy update 501, 502, 504 (5) Screening for physical and behavioral health Included in draft policy update 501, 502, 504 ☐ ☒ ☐ and safety issues, intellectual or developmental disabilities; 7491+ San Diego JH PRO 18-20 - 13 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (6) Screening for physical and developmental Included in draft policy update 501, 502, 504 ☐ ☒ ☐ disabilities in accordance with Sections 1329, 1413, and 1430 of these regulations; (7) Contact with Regional Center for the Included in draft policy update. 504.3.1 Developmentally Disabled for youth that are ☐ ☒ ☐ suspected of or identified as having a developmental disability, pursuant to Section 1413; and, (8) Procedures consistent with Section 1352.5. ☒ ☐ ☐ (b) juvenile hall administrators shall establish written IS Policy Section 5.1.4 criteria for detention that considers the least ☒ ☐ ☐ IS Policy Section 5.2.2 restrictive environment. (c) juvenile camps and post-dispositional programs in Each youth is advised of their maximum release juvenile halls shall develop policies and procedures date during their court hearing. Under the Steps that advise the youth of the estimated length of to Success Program, the Senior Probation Officer must meet with each youth upon intake and stay, inform them of program guidelines and advise them of the point structure and behavior provide written screening criteria for inclusion and incentives that will lead to their early release. exclusion from the program. The Senior Probation Officer continues to meet ☒ ☐ ☐ with each youth on an ongoing basis throughout their commitment to track their progress toward release. Criteria for exclusion include age, history of sexual offending, fire setting behavior, suicide attempts and serious psychiatric disturbance. (d) juvenile halls shall develop policies and procedures Each youth is advised of their maximum release that advise any committed youth of the estimated date during their court hearing. Youth in length of his/her stay. commitment programs meet with a Senior Probation Officer upon intake and are advised of the point structure and behavior incentives that ☒ ☐ ☐ will lead to their early release. The Senior Probation Officer continues to meet with each youth on an ongoing basis throughout their commitment to track their progress toward release. 1350.5. SCREENING FOR THE RISK OF SEXUAL Department Policy Section 800.13.1 ABUSE Screenings take place “upon intake and prior to The facility administrator shall develop and implement assignment in a living unit.” written policies and procedures to reduce the risk of ☒ ☐ ☐ This is part of the Medical Screening form and sexual abuse by or upon youth. The policy shall require Orientation process. facility staff to assess each youth within 72 hours of admission based on the following information: (a) Prior sexual victimization or abusiveness; ☒ ☐ ☐ See attached PREA Risk Assessment Tool (b) Gender nonconforming appearance or manner; See attached PREA Risk Assessment Tool or identification as lesbian, gay or bisexual, transgender, queer or intersex, and whether the ☒ ☐ ☐ youth may, therefore, be vulnerable to sexual abuse; (c) Current charges and offense history; ☒ ☐ ☐ PREA Risk Assessment Tool 7491+ San Diego JH PRO 18-20 - 14 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (d) Age; ☒ ☐ ☐ PREA Risk Assessment Tool (e) Level of emotional and cognitive development; ☒ ☐ ☐ PREA Risk Assessment Tool (f) Physical size and stature; ☒ ☐ ☐ PREA Risk Assessment Tool (g) Mental illness or mental disabilities; ☒ ☐ ☐ PREA Risk Assessment Tool (h) Intellectual or developmental disabilities; ☒ ☐ ☐ PREA Risk Assessment Tool (i) Physical disabilities; ☒ ☐ ☐ PREA Risk Assessment Tool (j) The youth’s perception of vulnerability; and, ☒ ☐ ☐ PREA Risk Assessment Tool (k) Any other specific information about the PREA Risk Assessment Tool individual youth that may indicate heightened ☒ ☐ ☐ needs for supervision, additional safety precautions, or separation from certain other youth. Staff shall ascertain this information through Department Policy Section 800.13.1 conversations with the youth during the admittance process, medical and behavioral health screenings; ☒ ☐ ☐ during classification assessments; and by reviewing court records, case files, facility behavioral records, and other relevant documentation from the youth’s files. The facility administrator shall implement appropriate Department Policy Section 800.13.1 controls on the dissemination of information within the facility relative to responses received pursuant to this ☒ ☐ ☐ assessment in order to ensure that sensitive information is not exploited to the youth’s detriment by staff or other youth. 1351 RELEASE PROCEDURES Operation Procedure Section 5.2.2 The facility administrator shall develop and implement ☒ ☐ ☐ The policies for release articulate criteria and written policies and procedures for release of youth documentation prior to and after a youth leaves the unit. from custody which provide for: (a) verification of identity/release papers; ☒ ☐ ☐ Operation Procedure Section 5.2.2 (b) return of personal clothing and valuables; ☒ ☐ ☐ Operation Procedure Section 5.2.2 (c) notification to the youth's parents or guardian; ☒ ☐ ☐ Operation Procedure Section 5.2.2 (d) notification to the facility health care provider in Operation Procedure Section 5.2.2 accordance with Sections 1408 and 1437 of these ☒ ☐ ☐ regulations, for coordination with outside agencies; and, (e) notification of school staff; ☒ ☐ ☐ Operation Procedure Section 5.2.2 (f) notification of facility mental health personnel. ☐ ☒ ☐ Included in draft policy 520.3 The facility administrator shall develop and implement Included in draft post orders for re-entry officers, policies and procedures for post-disposition youth to which they are working from pending coordinate the provision of transitional and reentry finalization. Also included in draft policy ☐ ☒ ☐ revision 520.5. services including, but not limited to, medical and behavioral health, education, probation supervision and community-based services. The facility administrator shall develop and implement Operation Procedure Section 5.2.2 written policies and procedures for the furlough of ☒ ☐ ☐ youth from custody. 7491+ San Diego JH PRO 18-20 - 15 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1352 CLASSIFICATION IS Policy Section 5.2 The facility administrator shall develop and implement Youth shall be assigned to housing units/dorms in written policies and procedures on classification of such a manner as to provide for the safety of the youth, other youth, facility staff and the public. youth for the purpose of determining housing placement in the facility. If an incident or behavior necessitates re- assessment, the facility uses a Behavioral Such procedures shall: ☒ ☐ ☐ Summary to address specific behaviors related to Attitude towards staff, Relationships to peers, Group Level status, participation in programs/recreation/exercise, visitation, medical/behavioral health issues and weekly MDT input. (a) provide for the safety of the youth, other youth, IS Policy Section 5.2.2 facility staff, and the public by placing youth in the appropriate, least restrictive housing and program ☒ ☐ ☐ settings. Housing assignments shall consider the need for single, double or dormitory assignment or location within the dormitory; (b) consider facility populations and physical design of IS Policy Section 5.2 ☒ ☐ ☐ the facility; (c) provide that a youth shall be classified upon IS Policy Section 5.2.7 admittance to the facility; classification factors shall include, but not be limited to: age, maturity, Facility security and youth/staff safety are primary objectives to be considered when making sophistication, emotional stability, program needs, decisions as to youth classifications. Each youth legal status, public safety considerations, ☒ ☐ ☐ shall be screened and evaluated to assess their medical/mental health considerations, gender and actual or potential threat to the security and safety gender identity of the youth; of the facility, its youth, and staff. To assist in this process, security classifications exist to alert and sensitize staff to the dangers posed by certain youth. (d) provide for periodic classification reviews, Probation Operation Procedure Section 5.3.1 including provisions that consider the level of ☒ ☐ ☐ supervision and the youth's behavior while in custody; and, (e) provide that facility staff shall not separate youth Review of current practices indicates this does from the general population or assign youth to a not occur; this is included in draft policy update single occupancy room based solely on the youth's 502.3 actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, gender, sexual orientation, gender identity, ☐ ☒ ☐ gender expression, mental or physical disability, or HIV status. This section does not prohibit staff from placing youth in a single occupancy room at the youth's specific request or in accordance with Title 15 regulations regarding separation. 7491+ San Diego JH PRO 18-20 - 16 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (f) facility staff shall not consider lesbian, gay, This is included in draft policy update 502.10 bisexual, transgender, questioning or intersex ☐ ☒ ☐ identification or status as an indicator of likelihood of being sexually abusive. 1352.5 TRANSGENDER AND INTERSEX YOUTH. IS Policy Section 5.4.5 The facility administrator shall develop written policies All youth, regardless of sexual orientation or and procedures ensuring respectful and equitable gender identity, need to feel safe in their surroundings in order to fully benefit from facility treatment of transgender and intersex youth. The ☒ ☐ ☐ programming. Each Juvenile Institutions has policies shall provide that: established and maintains a culture where the dignity of every youth is respected, and all youth feel safe. Staff will create opportunities for dialogue with youth and staff about all forms of diversity to increase tolerance and respect. (a) Facility staff shall respect every youth’s gender IS Policy Section 5.4.5.4 identity, and shall refer to the youth by the youth’s Staff, volunteers, and contractors, when working preferred name and gender pronoun, regardless of with youth at all facilities shall use respectful the youth’s legal name. Facilities may prohibit the language and terminology that does not further use of gang or slang names or names that otherwise stereotypes about LGBTQI people. compromise facility operations as determined by the facility manager or designee, and shall Staff, volunteers, and contractors in the facility, in document any decision made on this basis. ☒ ☐ ☐ the course of their work, shall not refer to youth by using derogatory language in a manner that conveys bias towards or hatred of LGBTQI people. Transgender youth shall be referred to by their preferred name and the pronoun that reflects the youth’s gender identity, even if their name has not been legally changed. (b) Facility staff shall permit youth to dress and present IS Policy Section 5.4.5.5 themselves in a manner consistent with their gender Youth are allowed to dress and present identity, and shall provide youth with the themselves in a manner consistent with their institution’s clothing and undergarments consistent ☒ ☐ ☐ gender identity. Staff provide youth with with their gender identity. institutional clothing, including undergarments, appropriate for the youth’s gender identity and gender presentation. 7491+ San Diego JH PRO 18-20 - 17 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (c) Facility staff shall house youth in the unit or room IS Policy Section 5.5.4.3 that best meets their individual needs, and promotes LGBTQI youth are not house in isolation or their safety and well-being. Staff may not segregation as a means of keeping them safe from automatically house youth according to their discrimination, harassment, or abuse. external anatomy, and shall document the reasons for any decision to house youth in a unit that does Transgender youth shall not automatically be not match their gender identity. In making a ☒ ☐ ☐ housed according to their birth sex. Facility staff make housing decisions for transgender youth housing decision, staff shall consider the youth’s based on the youth’s individualized needs and preferences, as well as any recommendations from should prioritize the youth’s emotional and the youth’s health or behavioral health provider. physical safety taking into account the youth’s perception of where he or she will be most secure, as well as any recommendations from the youth’s health care provider. (d) Facility administrators shall ensure that transgender IS Policy Section 5.4.5.7 and intersex youth have access to medical and The Facility provides transgender youth with behavioral health providers qualified to provide ☒ ☐ ☐ access to medical and mental health care care and treatment to transgender and intersex providers who are knowledgeable about the youth. health care needs of transgender youth, if the youth request assessment or treatment. (e) Consistent with the facility’s reasonable and IS Policy Section 5.4.5.6 necessary security considerations and physical Consistent with the facility’s reasonable and plant, facility staff shall make every effort to ensure necessary security policies, staff provides the safety and privacy of transgender and intersex transgender youth with safety and privacy when youth when the youth are using the bathroom or using the shower and bathroom and when shower, or dressing or undressing. ☒ ☐ ☐ dressing and undressing. Transgender youth will not be required to shower or undress in front of other youths and shall be permitted to use single occupancy bathroom and showers, if available. Such accommodation shall be provided in a sensitive manner. Facility staff shall not conduct physical searches of any IS Policy Section 5.4.5.8 youth for the purpose of determining the youth’s LGBTQI youth will not be physically searched in anatomical sex. Whenever feasible, the facility shall a manner that is humiliating or degrading or for respect the youth’s preference regarding the gender of the purpose of determining the youth’s physical the staff member who conducts any search of the youth. anatomy. ☒ ☐ ☐ Transgender youth may request that either a male or female staff member conduct a strip search, if such search is required. Staff will accommodate this request when possible and consistent with maintaining the security of the facility. 7491+ San Diego JH PRO 18-20 - 18 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1353 ORIENTATION IS Policy Section 5.5.2.1 The facility administrator shall develop and implement At the time of entry into the system youth are written policies and procedures to orient a youth prior provided their personal copy of the “Institutional to placement in a living area. Both written and verbal Rules”. Additional orientation materials are information shall be provided and supplemented with ☒ ☐ ☐ provided at each facility. video orientation if feasible. Provision shall be made to Contract with Language Interpreting Services provide accessible orientation information to all allows orientation process in the youths’ detained youth including those with disabilities, limited language, including sign language. literacy, or English language learners. Orientation shall include information that addresses: (a) facility rules including contraband and searches and ☒ ☐ ☐ IS Policy Section 5.5.2.3 disciplinary procedures; (b) facility’s system of positive behavior interventions IS Policy Section 5.5.2.3 and supports, including behavior expectations, incentives that youth will receive for complying ☒ ☐ ☐ with facility rules, and consequences that may result when youth violate the rules of the facility; (c) age appropriate information that explains the IS Policy Section 5.5.2.3 facility’s policy prohibiting sexual abuse and sexual ☒ ☐ ☐ harassment and how to report incidents or suspicions of sexual abuse or sexual harassment; (d) identification of key staff and their roles; ☒ ☐ ☐ IS Policy Section 5.5.2.3 (e) the existence of the grievance procedure, the steps IS Policy Section 5.5.2.3 that must be taken to use it, the youth’s right to be free of retaliation for reporting a grievance, and the ☒ ☐ ☐ name of the person or position designated to resolve the issue; (f) access to legal services and information on the court IS Policy Section 5.5.2.3 ☒ ☐ ☐ process; (g) access to routine and emergency health and mental IS Policy Section 5.5.2.3 ☒ ☐ ☐ health care; (h) access to education, religious services, and IS Policy Section 5.5.2.3 ☒ ☐ ☐ recreational activities; (i) housing assignments; ☒ ☐ ☐ IS Policy Section 5.5.2.3 (j) opportunity for personal hygiene and daily showers IS Policy Section 5.5.2.3 ☒ ☐ ☐ including the availability of personal care items (k) rules and access to correspondence, visits and IS Policy Section 5.5.2.3 ☒ ☐ ☐ telephone use; (l) availability of reading materials, programming, and IS Policy Section 5.5.2.3 ☒ ☐ ☐ other activities; (m) facility policies on the use of force, use of restraints, IS Policy Section 5.5.2.3 ☒ ☐ ☐ chemical agents and room confinement; 7491+ San Diego JH PRO 18-20 - 19 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (n) immigration legal services; Included in draft policy 503.4(p) Also referenced in Detention Control Unit Policy Section 525.3 (though not as part of standard orientation): Before any interview between ICE personnel and an individual in custody for civil immigration violations, the Department must provide the youth with a written consent form ☐ ☒ ☐ that explains the purpose of the interview, that the interview is voluntary, and that the youth may decline to be interviewed or may choose to be interviewed only with the youth’s attorney present. The consent form must be available in the languages specified in GC § 7283.1. (o) emergencies including evacuation procedures; ☒ ☐ ☐ IS Policy Section 5.5.2.3 (p) non-discrimination policy and the right to be free IS Policy Section 5.5.2.3 from physical, verbal or sexual abuse and ☒ ☐ ☐ harassment by other youth and staff; (q) availability of services and programs in a language Included in draft policy 503.4(g) ☐ ☒ ☐ other than English if appropriate; (r) the process for requesting different housing, Included in draft policy 503.4(x) ☐ ☒ ☐ education, programming and work assignments; (s) a process for which parents/guardians receive Included in draft policy 503.4(y) information regarding the youth’s stay in the facility that at a minimum includes answers to ☐ ☒ ☐ frequently asked questions and provides contact information for the facility, medical, school and mental health; and, (t) a process by which youth may request access to Included in draft policy 503.4(z) ☐ ☒ ☐ Title 15 Minimum Standards for Juvenile Facilities. 1354 SEPARATION IS Policy Section 7.7.4 The facility administrator shall develop and implement ☒ ☐ ☐ IS Policy Section 8.3.2.6 written policies and procedures that address: (a) separation of youth for reasons that include, but are IS Policy Section 8.3.2.6 not be limited to, medical and mental health IS Policy Section 8.3.8 ☒ ☐ ☐ conditions, assaultive behavior, disciplinary IS Policy Section 8.3.9 IS Policy Section 8.11.6 consequences and protective custody. (b) consideration of positive youth development and Included in draft policy 502.7.2 ☐ ☒ ☐ trauma-informed care. (c) separated youth shall not be denied normal IS Policy Section 7.7 privileges available at the facility, except when necessary to accomplish the objective of separation. Youth placed on any form of separation or room confinement are not denied their rights which ☒ ☐ ☐ includes basic hygiene standards, eating nutritional meals, having attorney visits, religious counseling and receiving parental visits. (d) when the objective of the separation is discipline, IS Policy Section 7.1 ☒ ☐ ☐ Title 15 Section 1390 shall apply. 7491+ San Diego JH PRO 18-20 - 20 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (e) when separation results in room confinement, the IS Policy Section 7.7.3 separation shall occur in accordance with Welfare ☒ ☐ ☐ and Institutions Code Section 208.3 and Section1354.5 of these regulations. (f) policies and procedures shall ensure a daily review IS Policy Section 7.7.4 of separated youth to determine if separation ☒ ☐ ☐ IS Policy Section 7.7.3.4 remains necessary. 1354.5 ROOM CONFINEMENT IS Policy Section 7.7.3 (a) The facility administrator shall develop and implement written policies and procedures addressing the confinement of youth in their room ☒ ☐ ☐ that are consistent with Welfare and Institutions Code Section 208.3. The placement of a youth in room confinement shall be accomplished in accordance with the following guidelines: (1) Room confinement shall not be used before IS Policy Section 7.7.3.3 other, less restrictive, options have been attempted and exhausted, unless attempting ☒ ☐ ☐ those options poses a threat to the safety or security of any youth or staff. (2) Room confinement shall not be used for the IS Policy Section 7.7.3.3 ☒ ☐ ☐ purposes of punishment, coercion, convenience, or retaliation by staff. (3) Room confinement shall not be used to the IS Policy Section 7.7.3.3 extent that it compromises the mental and ☒ ☐ ☐ physical health of the youth. (b) A youth may be held up to four hours in room IS Policy Section 7.7.3.4 confinement. After the youth has been held in room ☒ ☐ ☐ confinement for a period of four hours, staff shall do one or more of the following: (1) Return the youth to general population. ☒ ☐ ☐ IS Policy Section 7.7.3.4 (2) Consult with mental health or medical staff. ☒ ☐ ☐ IS Policy Section 7.7.3.4 (3) Develop an individualized plan that includes IS Policy Section 7.7.3.4 the goals and objectives to be met in order to ☒ ☐ ☐ reintegrate the youth to general population. (4) If room confinement must be extended beyond IS Policy Section 7.7.3.4 ☒ ☐ ☐ four hours, staff shall do each of the following: (A) Document the reasons for room IS Policy Section 7.7.3.4 confinement and the basis for the extension, the date and time the youth was ☒ ☐ ☐ first placed in room confinement, and when he or she is eventually released from room confinement. (B) Develop an individualized plan that IS Policy Section 7.7.3.4 includes the goals and objectives to be met ☒ ☐ ☐ in order to integrate the youth to general population. 7491+ San Diego JH PRO 18-20 - 21 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (C) Obtain documented authorization by the IS Policy Section 7.7.3.4 facility superintendent or his or her ☒ ☐ ☐ designee every four hours thereafter. (5) This section is not intended to limit the use of IS Policy Section 7.7.3.2 single-person rooms or cells for the housing of ☒ ☐ ☐ youth in juvenile facilities and does not apply to normal sleeping hours. (6) This section does not apply to youth or wards ☐ ☐ ☒ in court holding facilities or adult facilities. (7) Nothing in this section shall be construed to IS Policy Section 1.1.3.2 conflict with any law providing greater or ☒ ☐ ☐ additional protections to youth. (8) This section does not apply during an The policy could be suspended in an emergency, extraordinary emergency circumstance that but the exception is not built into the policy. requires a significant departure from normal Included in draft policy 400.3.1 institutional operations, including a natural disaster or facility-wide threat that poses an ☐ ☒ ☐ imminent and substantial risk of harm to multiple staff or youth. This exception shall apply for the shortest amount of time needed to address this imminent and substantial risk of harm. (9) This section does not apply when a youth is IS Policy Section 7.7.3.5educ placed in a locked cell or sleeping room to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the youth ☒ ☐ ☐ is not required to be in an infirmary for an illness. Additionally, this section does not apply when a youth is placed in a locked cell or sleeping room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the youth is not required to be in an infirmary for illness. 1355 INSTITUTIONAL ASSESSMENT AND PLAN ☒ ☐ ☐ The facility administrator shall develop and implement written policies and procedures for assessment and case planning. 7491+ San Diego JH PRO 18-20 - 22 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (a) Assessment: IS Procedure Section 5.9.2 The assessment is based on information collected during the admission process with periodic review, which includes the youth's risk factors, needs and ☒ ☐ ☐ strengths including, but not limited to, identification of substance abuse history, educational, vocational, counseling, behavioral health, consideration of known history of trauma, and family strengths and needs. (b) Institutional Case Plan: IS Procedure Section 5.9.2.2 (1) A case plan shall be developed for each youth held for at least 30 days or more and created Whenever it is anticipated that a youth will be detained in San Diego County KMJDF or within 40 days of admission. ☒ ☐ ☐ EMJDF for a period of 30 days or more, the casework Probation Officer shall develop a written assessment and plan for the youth within 30 days after the youth’s admission to the facility. The case plan covers sec section 2-5 below. (2) The institutional plan shall include, but not be IS Procedure Section 5.9.2.2 ☒ ☐ ☐ limited to, written documentation that provides: (A) objectives and time frame for the resolution IS Procedure Section 5.9.2.2 ☒ ☐ ☐ of problems identified in the assessment; (B) a plan for meeting the objectives that IS Procedure Section 5.9.2.2 includes a description of program resources ☒ ☐ ☐ needed and individuals responsible for assuring that the plan is implemented; (3) periodic evaluation of progress towards meeting IS Procedure Section 5.9.2.2 ☒ ☐ ☐ the objectives, including periodic review and discussion of the plan with the youth; (4) a transition plan, the contents of which shall be IS Procedure Section 5.9.2.2 subject to existing resources, shall be developed ☒ ☐ ☐ for post dispositional youth in accordance with Section 1351; and, (5) in as much as possible and if appropriate, the IS Procedure Section 5.9.2.2 plan, including the transition plan, shall be ☒ ☐ ☐ developed with input from the family, supportive adults, youth, and Regional Center for the Developmentally Disabled. 1356 COUNSELING AND CASEWORK IS Policy Section 5.9.4.4 SERVICES Staff assigned as the primary counselor for that The facility administrator shall develop and implement ☒ ☐ ☐ youth shall discuss the below section (a-c) with the youth. written policies and procedures ensuring the availability of appropriate counseling and casework services for all youth. Policies and procedures shall ensure: (a) youth will receive assistance with needs or concerns ☒ ☐ ☐ IS Policy Section 5.9.4.4 that may arise; 7491+ San Diego JH PRO 18-20 - 23 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) youth will receive assistance in requesting contact IS Policy Section 5.9.4.4 with parents, other supportive adults, attorney, ☒ ☐ ☐ clergy, probation officer, or other public official; and, (c) youth will be provided access to available resources ☒ ☐ ☐ IS Policy Section 5.9.4.4 to meet the youth’s needs. 1357 USE OF FORCE IS Policy Section 14 The facility administrator, in cooperation with the responsible physician, shall develop and implement written policies and procedures for the use of force, ☒ ☐ ☐ which may include chemical agents. Force shall never be applied as punishment, discipline, retaliation or treatment. (a) At a minimum, each facility shall develop policies and procedures which: (1) restricts the use of force to that which is deemed IS Policy Section 14.1.4 Necessity reasonable and necessary, as defined in Section ☒ ☐ ☐ IS Policy Section 14.1.5 Reasonableness 1302 to ensure the safety and security of youth, staff, others and the facility. (2) outline the force options available to staff IS Policy Section 14.1.5 including both physical and non-physical ☒ ☐ ☐ IS Policy Section 14.1.9.1 options and define when those force options are appropriate. IS Policy Section 14.1.9.2 (3) describe force options or techniques that are IS Policy Section 14.1.5 expressly prohibited by the facility. ☒ ☐ ☐ IS Policy Section 14.1.9.1 IS Policy Section 14.1.9.2 (4) describe the requirements of staff to report any IS Policy Section 14.1.6 ☒ ☐ ☐ inappropriate use of force, and to take affirmative action to immediately stop it. (5) define a standardized reporting format that IS Policy Section 3.4.3 includes time period and procedure for IS Policy Section 3.8.1.2 documenting and reporting the use of force, including reporting requirements of IS Policy Section 4.4.5.2 management and line staff and procedures for reviewing and tracking use of force incidents by ☒ ☐ ☐ supervisory and or management staff, which include procedures for debriefing a particular incident with staff and/or youth for the purposes of training as well as mitigating the effects of trauma that may have been experienced by staff and /or the youth involved. (6) Include an administrative review and a system IS Policy Section 14.1.11.2 ☒ ☐ ☐ for investigating unreasonable use of force. 7491+ San Diego JH PRO 18-20 - 24 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (7) define the role, notification, and follow-up IS Policy Section 14.6.1 procedures required after use of force incidents IS Policy Section 14.6.3 for medical, mental health staff and parents or legal guardians. ☒ ☐ ☐ Notification of parents is part of our practice as outlined in the attached SPO Incident Report Checklist but is not in the current version of our policy. (8) describe the limitations of use of force on IS Policy Section 14.3.6.5 pregnant youth in accordance with Penal Code As a standard practice pregnant juvenile in Section 6030(f) and Welfare and Institutions ☒ ☐ ☐ institutions wear a vest indicating that they will Code Section 222. not be placed in the “cover” position and OC spray will not be used. (b) Facilities that authorize chemical agents as a force ☒ ☐ ☐ IS Policy Section 14.3 option shall include policies and procedures that: (1) identify who is approved to carry and/or utilize IS Policy Section 14.3.2.1 chemical agents in the facility and the type, size ☒ ☐ ☐ IS Policy Section 14.3.2.2 and the approved method of deployment for those chemical agents. (2) mandate that chemical agents only be used when IS Policy Section 14.3.6.2 there is an imminent threat to the youth’s safety IS Policy Section 14.3.6.3 ☒ ☐ ☐ or the safety of others and only when de- escalation efforts have been unsuccessful or are not reasonably possible. (3) outline the facility’s approved methods and IS Policy Section 14.3.7 timelines for decontamination from chemical agents. This shall include that youth who have ☒ ☐ ☐ been exposed to chemical agents shall not be left unattended until that youth is fully decontaminated or is no longer suffering the effects of the chemical agent. (4) define the role, notification, and follow-up IS Policy Section 14.3.8 procedures required after use of force incidents IS Policy Section 14.6.1 involving chemical agents for medical, mental health staff and parents or legal guardians. IS Policy Section 14.6.3 ☒ ☐ ☐ Notification of parents is part of our practice as outlined in the attached SPO Incident Report Checklist but is not in the current version of our policy. (5) provide for the documentation of each incident IS Policy Section 14.1.6 of use of chemical agents, including the reasons for which it was used, efforts to de-escalate ☒ ☐ ☐ prior to use, youth and staff involved, the date, time and location of use, decontamination procedures applied and identification of any injuries sustained as a result of such use. 7491+ San Diego JH PRO 18-20 - 25 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (c) Facilities shall develop policies and procedure These trainings are part of our normal practice. which require that agencies provide initial and They will be addressed in policy in a forthcoming regular training in use of force and chemical agents ☐ ☒ ☐ update. All officers receive use of force and chemical agents training in Juvenile Institutions when appropriate that address: Core. (1) known medical and behavioral health JI Core students receive a class called "Medical Issues in Jails", as well as a Behavioral Health conditions that would contraindicate certain class. These classes are paired with an initial types of force; ☐ ☒ ☐ defensive tactics overview lecture in which use of force considerations are discussed in depth and scenarios & case studies are broken down by the instructors. (2) acceptable chemical agents and the methods of Officers receive a 4-hour class on OC spray. OC ☐ ☒ ☐ retention and deployment skills are practiced application. during defensive tactics training sessions. (3) signs or symptoms that should result in Staff receive this training in the Behavioral ☐ ☒ ☐ Health and Medical issues in jails classes as part immediate referral to medical or behavioral of the JI Core. health. (4) instruction on the Constitutional Limitations of This is addressed in depth during the initial 4- hour defensive tactics overview lecture in which Use of Force. ☐ ☒ ☐ instructors examine Penal Codes, case law, limitations, authority, all related to Probation Officers, and focused on Juvenile Institutions. (5) physical training force options that may require ☐ ☒ ☐ These are addressed over the two weeks of defensive tactics in JI Core. the use of perishable skills. (6) timelines the facility uses to define regular Use of Force refresher trainings are typically annual. However, refreshers are currently training. suspended as the Department is in the process of ☐ ☒ ☐ procuring a nationally recognized de-escalation and defensive tactics curriculum to replace our current training. 1358 USE OF PHYSICAL RESTRAINTS The Probation Department only uses physical restraints during movement or to secure youth(s) The facility administrator, in cooperation with the immediately following a serious incident. responsible physician and mental health director, shall The Probation Department does not use restraint develop and implement written policies and procedures devices such as immobilizing chairs or wraps. for the use of restraint devices. Restraint devices include any devices which immobilize a youth's ☒ ☐ ☐ Use of the restraint chair was suspended by an extremities and/or prevent the youth from being executive memo on December 24, 2019. ambulatory. IS Policy Section 5.10 IS Policy Section 5.10.3.1 IS Policy Section 5.10.6.2 IS Policy Section 5.10.6.3 IS Policy Section 5.10.6.4 IS Policy Section 5.10.6.6 7491+ San Diego JH PRO 18-20 - 26 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Physical restraints may be used only for those youth IS Policy Section 5.10.4.1 who present an immediate danger to themselves or IS Policy Section 4.4.4 others, who exhibit behavior which results in the IS Section 5.10.5.12 destruction of property, or reveals the intent to cause ☐ ☐ ☒ self-inflicted physical harm. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the youth’s behavior. In no case shall restraints be used as punishment or IS Policy Section 5.10.4.2 discipline, or as a substitute for treatment. The use of Use of the restraint chair has been suspended by a restraint devices that attach a youth to a wall, floor or Department memo. See attached. other fixture, including a restraint chair, or through ☐ ☐ ☒ affixing of hands and feet together behind the back (hogtying) is prohibited. The use of restraints on pregnant youth is limited in accordance with Penal Code Section 6030(f) and Welfare and Institutions Code Section 222. The provisions of this section do not apply to the use of This exclusion is not included in our current handcuffs, shackles or other restraint devices when used policy but is in the draft update. to restrain youth for movement or transportation within ☐ ☐ ☒ the facility. Movement within the facility shall be governed by Section 1358.5, Use of Restraint Devices for Movement Within the Facility. Youth shall be placed in restraints only with the approval IS Policy Section 5.10.5.11 of the facility manager or designee. The facility manager may delegate authority to place a youth in restraints to a ☐ ☐ ☒ physician. Reasons for continued retention in restraints shall be reviewed and documented at a minimum of every hour. A medical opinion on the safety of placement and IS Policy Section 5.10.5.11 retention shall be secured as soon as possible, but no later ☐ ☐ ☒ than two hours from the time of placement. The youth shall be medically cleared for continued retention at least every three hours thereafter. A mental health consultation shall be secured as soon as IS Policy Section 5.10.5.11 possible, but in no case longer than four hours from the ☐ ☐ ☒ time of placement, to assess the need for mental health treatment. Continuous direct visual supervision shall be conducted IS Policy Section 5.10.5.1 to ensure that the restraints are properly employed, and IS Policy Section 4.4.4 to ensure the safety and well-being of the youth. ☐ ☐ ☒ Observations of the youth's behavior and any staff interventions shall be documented at least every 15 minutes, with actual time of the documentation recorded. In addition to the requirements above, policies and ☐ ☐ ☒ procedures shall address: (a) documentation of the circumstances leading to an ☐ ☐ ☒ IS Policy Section 5.10 application of restraints. 7491+ San Diego JH PRO 18-20 - 27 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) known medical conditions that would IS Policy Section 5.10.3.1 ☐ ☐ ☒ contraindicate certain restraint devices and/or techniques. (c) acceptable restraint devices. ☐ ☐ ☒ IS Policy Section 5.10.6.2 (d) signs or symptoms which should result in ☐ ☐ ☒ IS Policy Section 5.10.6.3 immediate medical/mental health referral. (e) availability of cardiopulmonary resuscitation ☐ ☐ ☒ Department Policy Section 345.4 equipment. (f) protective housing of restrained youth. While in IS Policy Section 5.10.6.4 restraint devices, all youth shall be housed alone or ☐ ☐ ☒ in a specified housing area for restrained youth which makes provision to protect the youth from abuse. (g) provision for hydration and sanitation needs. ☐ ☐ ☒ IS Policy Section 5.10.6.6 (h) exercising of extremities. ☐ ☐ ☒ IS Policy Section 14.4.15 1358.5 USE OF RESTRAINT DEVICES FOR IS Policy Section 5.10.4.1 MOVEMENT AND TRANSPORTATION WITHIN The use of mechanical restraints on youth is THE FACILITY. authorized when transporting youth to and from a The Facility Administrator, in cooperation with the facility (e.g. medical appointments, court responsible physician and behavioral/mental health appearances, etc.) upon a determination that the director, shall develop and implement written policies restraints are necessary to prevent physical harm to the youth or another person or due to a and procedures for the use of restraint devices when the ☒ ☐ ☐ substantial risk of flight. purpose is for movement or transportation within the facility that shall include the following: In cases not involving transportation of youth, mechanical restraints should be used on a limited basis when other behavior control alternatives have been considered and deemed inappropriate. Those other alternatives may include single- person rooms and safety rooms. (a) identification of acceptable restraint devices, staff IS Policy Section 5.10.3.1 approved to utilize restraint devices and the The use of mechanical restraints involves placing required training. a youth into handcuffs, leg cuffs waist chains, restraint chair and plastic “flexi-cuffs). The purpose of mechanical restraints is to provide control over the youth’s behavior without causing injury to the youth or staff. ☒ ☐ ☐ IS Policy Section 5.10.4.4 Sworn staff officers must be knowledgeable and trained by the San Diego County Probation Department prior to being issued mechanical restraints or applying any type of mechanical restraint equipment. All officers will receive training from Training Officers in the application of mechanical restraints, including handcuffs, leg cuffs, waist chains, and the restraint chair. 7491+ San Diego JH PRO 18-20 - 28 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) the circumstances leading to the application of IS Policy Section 5.10.5.12 restraints must be documented. When officers apply restraints during the use of physical force officers shall document all uses of ☒ ☐ ☐ mechanical restraints on an Incident Report. The report shall be completed and given to the Watch Commander prior to the end of an officer’s assigned shift. (c) an individual assessment of the need to apply See attachment AB 878 Restraint Consideration restraints for movement or transportation that Factors includes consideration of less restrictive ☒ ☐ ☐ alternatives, consideration of a youth’s known medical or mental health conditions, trauma informed approaches, and a process for documentation and supervisor review and approval. (d) consideration of safety and security of the facility, IS Policy Section 5.10.4.2 with a clearly defined expectation that restraint Mechanical restraints shall not be: devices shall not be used for the purposes of • Used as discipline or as a substitute for discipline or retaliation. treatment • Used as punishment or as a means to get the youth to follow instructions • Placed around the neck of the youth ☒ ☐ ☐ • Applied in any way so as to inflict physical pain, undue physical discomfort or to restrict blood circulation or breathing • Used to restrain any youth known to be pregnant or in recovery after delivery, by the use of leg chains, waist chains, or handcuffs behind the body. 7491+ San Diego JH PRO 18-20 - 29 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (e) the use of restraints on pregnant youth is limited in IS Policy Section 5.8.5.2 accordance with Penal Code Section6030(f) and Pregnant youth in labor, during delivery, or in Welfare and Institutions Code Section 222. recovery after delivery shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the youth, staff, or the public. The hospital guard shall notify the Watch Commander as soon as practicable after applying mechanical restraints for safety purposes. IS Policy Section 5.10.4.1 Pregnant youth or those in recovery from delivery ☒ ☐ ☐ may not be restrained, unless deemed necessary for the safety and security of the juvenile, staff, or the public. In the event a pregnant youth needs to be handcuffed or restrained, a supervisor will make the determination that such restraints are necessary for the safety of the person, officers, or others. IS Policy Section 5.10.4.2 Used to restrain any youth known to be pregnant or in recovery after delivery, by the use of leg chains, waist chains, or handcuffs behind the body 1359 SAFETY ROOM PROCEDURES IS Policy Section 5.12 (a) The facility administrator, and where applicable, in The safety room may only be used when a youth cooperation with the responsible physician, shall presents an immediate danger to himself /herself or others, exhibits behavior that results in the develop and implement written policies and destruction of property, or reveals the intent to procedures governing the use of safety rooms, as cause self-inflicted physical harm. described in Title 24, Part 2, Section 1230.1.13. The room shall be used to hold only those youth who ☒ ☐ ☐ present an immediate danger to themselves or others, who exhibit behavior which results in the destruction of property, or reveals the intent to cause self-inflicted physical harm. A safety room shall not be used for punishment or discipline, or as a substitute for treatment. Policies and procedures shall: (1) include provisions for administration of IS Policy Section 5.12.11 ☒ ☐ ☐ necessary nutrition and fluids, access to a toilet, IS Policy Section 5.12.12 and suitable clothing to provide for privacy; (2) provide for approval of the facility manager, or IS Policy Section 5.12.8 ☒ ☐ ☐ designee, before a youth is placed into a safety room; (3) provide for continuous direct visual supervision IS Policy Section 5.12.8 and documentation of the youth's behavior and ☒ ☐ ☐ any staff interventions every 15 minutes, with actual time recorded; 7491+ San Diego JH PRO 18-20 - 30 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (4) provide that the youth shall be evaluated by the ☒ ☐ ☐ IS Policy Section 5.12.15 facility manager, or designee, every four hours; (5) provide for immediate medical assessment, IS Policy Section 5.12.14 ☒ ☐ ☐ where appropriate, or an assessment at the next daily sick call; and, (6) provide a process for documenting the reason for IS Policy Section 5.12.17 placement, including attempts to use less ☒ ☐ ☐ IS Policy Section 5.12.18 restrictive means of control, and decisions to continue and end placement. (b) The placement of a youth in the safety room shall be ☒ ☐ ☐ accomplished in accordance with the following: (1) safety room shall not be used before other less IS Policy Section 5.12.2 restrictive options have been attempted and ☒ ☐ ☐ exhausted, unless attempting those options poses a threat to the safety or security of any youth or staff. (2) safety room shall not be used for the purposes of IS Policy Section 5.12.3 ☒ ☐ ☐ punishment, coercion, convenience, or retaliation by staff. (3) safety room shall not be used to the extent that it Room Confinement policies apply: ☒ ☐ ☐ compromises the mental and physical health of IS Policy Section 7.7.3.3 the youth. (c) A youth may be held up to four hours in the safety IS Policy Section 7.7.3.4 room. After the youth has been held in the safety ☒ ☐ ☐ room for a period of four hours, staff shall do one or more of the following: (1) return the youth to general population. ☒ ☐ ☐ IS Policy Section 7.7.3.4 (2) consult with mental health or medical staff, ☒ ☐ ☐ IS Policy Section 7.7.3.4 (3) develop an individualized plan that includes the IS Policy Section 7.7.3.4 ☒ ☐ ☐ goals and objectives to be met in order to reintegrate the youth to general population. (d) If confinement in the safety room must be extended IS Policy Section 7.7.3.4 beyond four hours, staff shall develop an individualized plan that includes the requirements ☒ ☐ ☐ of Section 1354.5 and the goals and objectives to be met in order to integrate the youth to general population. 1360 SEARCHES IS Policy Section 5.13 The facility administrator shall develop and implement Both sections address area, youth, and visitor written policies and procedures governing the search of ☒ ☐ ☐ searches. The facility has adopted all components outlined in regulation to ensure youth are treated youth, the facility, and visitors. Policies and procedures with respect and the facility remains free of shall provide that: contraband. (a) Searches shall be conducted to ensure the safety and IS Policy Section 5.13.1 ☒ ☐ ☐ security of the facility, public, visitors, youth, and staff. 7491+ San Diego JH PRO 18-20 - 31 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) Searches shall be conducted in a manner that IS Policy Section 5.5.7.2 preserves the privacy and dignity of the person ☒ ☐ ☐ being searched, and shall not be conducted for harassment or as a form of discipline or punishment. (c) Strip searches and visual or physical body cavity IS Policy Section 5.5.7.4 searches shall comply with Penal Code Section IS Policy Section 5.5.8.2 4030. ☒ ☐ ☐ IS Policy Section 5.13.5.1 IS Policy Section 5.13.5.6 IS Policy Section 5.13.5.8 (d) Physical body cavity searches shall only be ☒ ☐ ☐ IS Policy Section 5.13.6.1 conducted by a medical professional. (e) Any youth held after a detention hearing shall only IS Policy Section 5.13.3.2 be strip searched with prior approval of a supervisor when there is reasonable suspicion based on ☒ ☐ ☐ specific and articulable facts to believe that youth is concealing contraband. The reasonable suspicion shall be documented. (f) Searches of transgender and intersex youth shall IS Policy Section 5.4.5.8 comply with Section 1352.5. IS Policy Section 5.13.4.1 ☒ ☐ ☐ IS Policy Section 5.13.5.3 IS Policy Section 5.13.5.7 (g) Cross-gender pat-down searches and strip searches IS Policy Section 6.5.6 are prohibited except in exigent circumstances or ☒ ☐ ☐ when conducted by a medical professional. Such searches must be justified and documented in writing. 1361 GRIEVANCE PROCEDURE IS Policy Section 7.4.2 The facility administrator shall develop and implement All youth shall have the right to grieve any actual written policies and procedures whereby any youth may or perceived mistreatment, the quality and receipt of care within the facility and any imposed appeal and have resolved grievances relating to any disciplinary action. In exercising this right, a condition of confinement, including but not limited to youth shall be free from any threat or act of health care services, classification decisions, program ☒ ☐ ☐ reprisal, whether it is actual or implied. participation, telephone, mail or visiting procedures, food, clothing, bedding, mistreatment, harassment or violations of the nondiscrimination policy. There shall be no time limit on filing grievances. Policies and procedures shall include provisions whereby the facility manager ensures: (a) a grievance form and instructions for registering a IS Policy Section 7.4.7 ☒ ☐ ☐ grievance, which includes provisions for the youth to have free access to the form; 7491+ San Diego JH PRO 18-20 - 32 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) the youth shall have the option to confidentially file IS Policy Section 7.4.6 ☒ ☐ ☐ the grievance or to deliver the form to any youth supervision staff working in the facility; (c) resolution of the grievance at the lowest appropriate ☒ ☐ ☐ IS Policy Section 7.4.1 staff level; (d) provision for a prompt review and initial response IS Policy Section 7.4.7 to grievances within three (3) business days, ☒ ☐ ☐ grievances that relate to health and safety issues must be addressed immediately; (1) The youth may elect to be present to explain IS Policy Section 7.4.1 his/her version of the grievance to a person not ☒ ☐ ☐ directly involved in the circumstances which led to the grievance. (2) Provision for a staff representative approved by ☒ ☐ ☐ IS Policy Section 7.4.1 the facility administrator to assist the youth. (e) provision for a written response to the grievance ☒ ☐ ☐ IS Policy Section 7.4.15 which includes the reasons for the decisions; (f) a system which provides that any appeal of a IS Policy Section 7.4.1 grievance shall be heard by a person not directly ☒ ☐ ☐ involved in the circumstances which led to the grievance; (g) resolution of the grievance must occur within ten The Grievance Form specifies within 24 hours (10) business days unless circumstances dictate a ☐ ☒ ☐ unless the youth voluntarily waives time. longer time frame. The youth shall be notified of Included in draft policy 609.4.2 any delay; and, (h) the policy shall provide multiple internal and Department Policy 800.14 ☒ ☐ ☐ external methods to report sexual abuse and sexual harassment. Whether or not associated with a grievance, concerns of IS Policy Section 7.4.11 parents, guardians, staff or other parties shall be “Concerns of parents, guardians or other parties addressed and documented in accordance with written are not addressed by this grievance procedure. If policies and procedures within a specified timeframe. such citizens have a complaint, they are to be referred to the Facility Watch Commander and/or Division Chief. The Watch Commander or Division Chief shall respond in as timely a manner as possible and shall follow the Department Operations Policy regarding citizen complaints.” ☒ ☐ ☐ Department Policy 914 Supervisors ensure that all formal and informal complaints are documented. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. All complaints and inquiries should also be documented in a log that records and tracks complaints. The log shall include the nature of the complaint and the actions taken to address the complaint. 7491+ San Diego JH PRO 18-20 - 33 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1362 REPORTING OF INCIDENTS IS Policy Section 4.4.4. A written report of all incidents which result in physical IS Policy Section 4.4.5.2 harm, use of force, serious threat of physical harm, or death of an employee, youth or other person(s) shall be ☒ ☐ ☐ maintained. Such written record shall be prepared by the staff and submitted to the facility manager by the end of the shift, unless additional time is necessary and authorized by the facility manager or designee. 1363 USE OF REASONABLE FORCE TO IS Policy Section 5.18.5 COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS “When a youth refuses to submit to DNA (a) Pursuant to Penal Code Section 298.1 authorized sample collection, staff shall not use force to law enforcement, custodial, or corrections obtain the DNA sample. Any youth who refuse personnel including peace officers, may employ to provide a DNA sample shall instead be reasonable force to collect blood specimens, saliva referred to the Juvenile Court for action, and/or samples, and thumb or palm print impressions from ☒ ☐ ☐ to the District Attorney for prosecution, pursuant individuals who are required to provide such to Penal Code Section 298.1(a).” samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. The departmental relies on persuasion, legal pressure, and compulsion by the courts rather than use of force, thus is within the range of options laid out by law to compel collection of a DNA sample. (1) For the purpose of this section, the “use of See above reasonable force” shall be defined as the force that an objective, trained and competent correctional ☒ ☐ ☐ employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this section. (2) The use of reasonable force shall be preceded by See above efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented ☒ ☐ ☐ and include an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written See above authorization of the supervising officer on duty. The authorization shall include information that ☒ ☐ ☐ reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused. 7491+ San Diego JH PRO 18-20 - 34 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (1) If the use of reasonable force includes a cell See above extraction, the extraction shall be videotaped. Video shall be directed at the cell extraction event. The videotape shall be retained by the ☒ ☐ ☐ agency for the length of time required by statute. Notwithstanding the use of the video as evidence in a court proceeding, the tape shall be retained administratively. 1370 EDUCATION PROGRAM IS Policy Section 6.1.1.7 (a) School Programs See attached letter from the San Diego County Office of Education The County Board of Education shall provide for the See SDCOE letter, number 13 administration and operation of juvenile court schools in conjunction with the Chief Probation The Education program and curriculum Officer, or designee pursuant to applicable State establishes an above standard threshold as it laws. The school and facility administrators shall relates to youth, their basic fundamental develop and implement written policy and requirements to provide services and, an involved procedures to ensure communication and approach to building relationships with their students. coordination between educators and probation staff. Culturally responsive and trauma-informed approaches should be applied when providing instruction. Education staff should collaborate with the facility administrator to use technology to facilitate learning and ensure safe technology ☒ ☐ ☐ practices. The facility administrator shall request an annual review of each required element of the program by the Superintendent of Schools, and a report or review checklist on compliance, deficiencies, and corrective action needed to achieve compliance with this section. Such a review, when conducted, cannot be delegated to the principal or any other staff of any juvenile court school site. The Superintendent of Schools shall conduct this review in conjunction with a qualified outside agency or individual. Upon receipt of the review, the facility administrator or designee shall review each item with the Superintendent of Schools and shall take whatever corrective action is necessary to address each deficiency and to fully protect the educational interests of all youth in the facility. 7491+ San Diego JH PRO 18-20 - 35 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) Required Elements The facility school program shall comply with the State Education Code and County Board of Education policies, all applicable federal education statutes and regulations and provide for an annual evaluation of the educational program offerings. As stated in the 2009 California Standards for the ☒ ☐ ☐ Teaching Profession, teachers shall establish and maintain learning environments that are physically, emotionally, and intellectually safe. Youth shall be provided a rigorous, quality educational program that responds to the different learning styles and abilities of students and prepares them for high school graduation, career entry, and post-secondary education. All youth shall be treated equally, and the education IS Policy Section 6.0 program shall be free from discriminatory action. ☒ ☐ ☐ IS Policy Section 5.4.5.4 Staff shall refer to transgender, intersex and gender- nonconforming youth by their preferred name and gender. (1) The course of study shall comply with the State IS Policy Section 6.1.2 ☒ ☐ ☐ Education Code and include, but not be limited to, courses required for high school graduation. (2) Information and preparation for the High School IS Policy Section 6.1.2.2 Equivalency Test as approved by the California ☒ ☐ ☐ Department of Education shall be made available to eligible youth. (3) Youth shall be informed of post-secondary education Review of current practice indicates youth are and vocational opportunities. being offered vocational and post-secondary ☐ ☒ ☐ education, however this is not included in the policy. (4) Administration of the High School Equivalency Tests IS Policy Section 6.1.2.2 ☒ ☐ ☐ as approved by the California Department of Education, shall be made available when possible. (5) Supplemental instruction shall be afforded to youth IS Policy Section 6.1.2.2 ☒ ☐ ☐ who do not demonstrate sufficient progress towards grade level standards. (6) The minimum school day shall be consistent with IS Policy Section 6.1.2 State Education Code Requirements for juvenile court schools. The facility administrator, in conjunction with education staff, must ensure that ☒ ☐ ☐ operational procedures do not interfere with the time afforded for the minimum instructional day. Absences, time out of class or educational instruction, both excused and unexcused, shall be documented. 7491+ San Diego JH PRO 18-20 - 36 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (7) Education shall be provided to all youth regardless of IS Policy Section 6.1.3.3 classification, housing, security status, disciplinary or separation status, including room confinement, except when providing education poses an ☒ ☐ ☐ immediate threat to the safety of self or others. Education includes, but is not limited to, related services as provided in a youth’s Section 504 Plan or Individualized Education Program (IEP). (c) School Discipline IS Policy Section 6.1.4.2 (1) Positive behavior management will be implemented to reduce the need for disciplinary action in the ☒ ☐ ☐ school setting and be integrated into the facility's overall behavioral management plan and security system. (2) School staff shall be advised of administrative IS Policy Section 6.1.4.2 ☒ ☐ ☐ decisions made by probation staff that may affect the educational programming of students. (3) Except as otherwise provided by the State Education IS Policy Section 6.1.4.2 through 6.1.4.7 Code, expulsion/suspension from school shall be imposed only when other means of correction fails to bring about proper conduct. School staff shall follow the appropriate due process safeguards as set ☒ ☐ ☐ forth in the State Education Code including the rights of students with special needs. School staff shall document the other means of correction used prior to imposing expulsion/ suspension if an expulsion/suspension is ultimately imposed. (4) The facility administrator, in conjunction with IS Policy Section 6.1.4.7 education staff will develop policies and procedures ☒ ☐ ☐ that address the rights of any student who has continuing difficulty completing a school day. (d) Provisions for Special Populations IS Policy Section 6.1.1.4 (1) State and federal laws and regulations shall be observed for all individuals with disabilities or ☒ ☐ ☐ suspected disabilities. This includes but is not limited to child find, assessment, continuum of alternative placements, manifestation determination reviews, and implementation of Section 504 Plans and Individualized Education Programs. (2) Youth identified as English Learners (EL) shall be IS Policy Section 6.1.1.4 afforded an educational program that addresses their ☒ ☐ ☐ language needs pursuant to all applicable state and federal laws and regulations governing programs for EL students. (e) Educational Screening and Admission See SDCOE letter, number 13 ☒ ☐ ☐ (1) Youth shall be interviewed after admittance and a record maintained that documents a youth's educational history, including but not limited to: 7491+ San Diego JH PRO 18-20 - 37 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (A) School progress/school history; ☒ ☐ ☐ See SDCOE letter, number 13 (B) Home Language Survey and the results of the State ☒ ☐ ☐ See SDCOE letter, number 12 Test used for English language proficiency; (C) Needs and services of special populations as defined See SDCOE letter, number 13 ☒ ☐ ☐ by the State Education Code, including but not limited to, students with special needs. (D) Discipline problems. ☒ ☐ ☐ See SDCOE letter, number 13 (2) Youth will be immediately enrolled in school. See SDCOE letter, number 13 Educational staff shall conduct an assessment to ☒ ☐ ☐ determine the youth's general academic functioning levels to enable placement in core curriculum courses. (3) After admission to the facility, a preliminary See SDCOE letter, number 13 ☒ ☐ ☐ education plan shall be developed for each youth within five school days. (4) Upon enrollment, education staff shall comply with See SDCOE letter, number 13 the State Education Code and request the youth's records from his/her prior school(s), including, but not limited to, transcripts, Individual Education Program (IEP), 504 Plan, state language assessment ☒ ☐ ☐ scores, immunization records, exit grades, and partial credits. Upon receipt of the transcripts, the youth's educational plan shall be reviewed with the youth and modified as needed. Youth should be informed of the credits they need to graduate. (f) Educational Reporting See SDCOE letter, number 15 ☒ ☐ ☐ (1) The complete facility educational record of the youth shall be forwarded to the next educational placement in accordance with the State Education Code. (2) The County Superintendent of Schools shall provide See SDCOE letter, number 16 appropriate credit (full or partial) for course work ☒ ☐ ☐ completed while in juvenile court school in accordance with the State Education Code. (g) Transition and Re-Entry Planning See SDCOE letter, number 17 (1) The Superintendent of Schools and the Chief Probation Officer or designee, shall develop policies ☒ ☐ ☐ and procedures to meet the transition needs of youth, including the development of an education transition plan, in accordance with the State Education Code and in alignment with Title 15, Minimum Standards for Juvenile Facilities, Section 1355. (h) Post-Secondary Education Opportunities See SDCOE letter, number 18 (1) The school and facility administrator should, whenever possible, collaborate with local post- ☒ ☐ ☐ secondary education providers to facilitate access to educational and vocational opportunities for youth that considers the use of technology to implement these programs. 7491+ San Diego JH PRO 18-20 - 38 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1371 PROGRAMS, RECREATION, AND IS Policy Section 6.2 EXERCISE. The Recreation and exercise schedule is posted The facility administrator shall develop and implement which provides all youth the opportunity for large written policies and procedures for programs, ☒ ☐ ☐ muscle exercise recreation, and exercise for all youth. The intent is to Youth on disciplinary status will have the same minimize the amount of time youth are in their rooms opportunity for one hour of large muscle group or their bed area. exercise as well. Juvenile facilities shall provide the opportunity for IS Policy Section 6.2.1 programs, recreation, and exercise a minimum of three hours a day during the week and five hours a day each ☒ ☐ ☐ Saturday, Sunday or other non-school days, of which one hour shall be an outdoor activity, weather permitting. A youth’s participation in programs, recreation, and IS Policy Section 6.2.3.2 exercise may be suspended only upon a written finding ☒ ☐ ☐ Delegates authority to the Watch Commander. by the administrator/manager or designee that a youth represents a threat to the safety and security of the facility. Such program, recreation, and exercise schedule shall ☒ ☐ ☐ IS Policy Section 6.2.1 be posted in the living units. There will be a written annual review of the programs, DCPO Letter recreation, and exercise by the responsible agency to ☒ ☐ ☐ ensure content offered is current, consistent, and relevant to the population. (a) Programs. All youth shall be provided with the Daily schedule, list of programs offered and opportunity for at least one hour of daily program attendance sheets for the day. programming to include, but not be limited to, trauma focused, cognitive, evidence-based, best practice interventions that are culturally relevant and linguistically appropriate, or pro-social interventions and activities designed to reduce recidivism. These programs should be based on the youth’s individual ☒ ☐ ☐ needs as required by Sections 1355 and 1356. Such programs may be provided under the direction of the Chief Probation Officer or the County Office of Education and can be administered by county partners such as mental health agencies, community based organizations, faith-based organizations or Probation staff. Programs may include but are not limited to: 7491+ San Diego JH PRO 18-20 - 39 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (1) Cognitive Behavior Interventions; See list of available programs (2) Management of Stress and Trauma; (3) Anger Management; (4) Conflict Resolution; (5) Juvenile Justice System; (6) Trauma-related interventions; (7) Victim Awareness; (8) Self-Improvement; (9) Parenting Skills and support; ☒ ☐ ☐ (10) Tolerance and Diversity; (11) Healing Informed Approaches; (12) Interventions by Credible Messengers; (13) Gender Specific Programming; (14) Art, creative writing, or self-expression; (15) CPR and First Aid training; (16) Restorative Justice or Civic Engagement; (17) Career and leadership opportunities; and, (18) Other topics suitable to the youth population. (b) Recreation. All youth shall be provided the IS Policy Section 6.2.1 opportunity for at least one hour of daily access to unscheduled activities such as leisure reading, letter ☒ ☐ ☐ writing, and entertainment. Activities shall be supervised and include orientation and may include coaching of youth. (c) Exercise. All youth shall be provided with the IS Policy Section 6.2.1 ☒ ☐ ☐ opportunity for at least one hour of large muscle activity each day. The administrator/manager may suspend, for a period not IS Policy Section 6.2.3.2 to exceed 24 hours, access to recreation and programs. “Youth may be suspended, for a period not to The administrator/manager shall document the reasons exceed 24 hours, access to recreation and why suspension of recreation and programs occurs. ☒ ☐ ☐ programs only upon approval by the Watch Commander/Unit Supervisor. Watch Commander approval may occur when a youth represents a threat to the safety and security of the facility.” 1372 RELIGIOUS PROGRAM IS Policy Section 6.3 The facility administrator shall provide access to religious services and/or religious counseling at least once each week. Attendance shall be voluntary. A youth ☒ ☐ ☐ shall be allowed to participate in an activity outside of their room if he/she elects not to participate in religious programs. Religious programs shall provide for: (a) opportunity for religious services and practices; ☒ ☐ ☐ IS Policy Section 6.3.4 (b) availability of clergy; and, ☒ ☐ ☐ IS Policy Section 6.3.4.7 (c) availability of religious diets. ☒ ☐ ☐ IS Policy Section 9.8 7491+ San Diego JH PRO 18-20 - 40 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1373 WORK PROGRAM IS Policy Section 6.4.2 The facility administrator shall develop policies and procedures regarding the fair and consistent assignment of youth to work programs. Work assigned to a youth ☒ ☐ ☐ shall be meaningful, constructive and related to vocational training or increasing a youth's sense of responsibility. Work programs shall not be imposed as a disciplinary measure. 1374 VISITING IS Policy Section 6.5 The facility administrator shall develop and implement IS Policy Section 6.5.10 written policies and procedures for visiting, that include provisions for special visits. Youth shall be allowed to receive visits by parents, guardians or persons standing ☒ ☐ ☐ in loco parentis, and children of youth. Other family members, such as grandparents and siblings, and supportive adults, may be allowed to visit with the approval of the facility administrator or designee, and in conjunction with the youth’s case plan or in the best interest of the youth. All visits shall occur at reasonable times, subject only to IS Policy Section 6.5.1 the limitations necessary to maintain order and security. IS Policy Section 6.5.2 Visitation shall not be denied solely based on the visitor’s criminal history. The staff shall determine in each case, ☒ ☐ ☐ whether the visitor’s criminal history represents a risk to the safety of youth or staff in the facility. Any denial of visitation or limitation on visitations shall be communicated to the youth, person denied and facility administrator. Opportunity for visitation shall be a minimum of two IS Policy Section 6.5.9.5 hours per week. Visits may be supervised, but ☒ ☐ ☐ Please see visitation schedule. conversations shall not be monitored unless there is a security or safety need. Provisions for special visits, in addition to the two-hour minimum and/or outside of the regular visiting hours, shall be accommodated as necessary and within the discretion of the facility administrator or designee. ☐ ☒ ☐ Family therapy and professional visits shall be accommodated outside the provisions of this regulation. Facilities may provide visitation opportunities outside of normal visiting hours to accommodate special visits. The facility may provide access to technology as an Each facility provides access to technology as a alternative, but not as a replacement, to in-person supplement to in-person visitation. Free ☒ ☐ ☐ visiting. applications such as Skype and Facetime are used. 7491+ San Diego JH PRO 18-20 - 41 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1375 CORRESPONDENCE The facility administrator shall develop and implement ☒ ☐ ☐ written policies and procedures for correspondence which provide that: (a) there is no limitation on the volume of mail that youth IS Policy Section 6.6.3.3 may send or receive; Per policy, each youth shall be given the opportunity to write letters at least once per week ☒ ☐ ☐ and receive an unlimited number of letters, unless restricted. (b) youth may send two letters per week postage free; IS Policy Section 6.6.3.3 ☒ ☐ ☐ Youth may send (c) youth may correspond confidentially with state and IS Policy Section 6.6.5 federal courts, any member of the State Bar or holder of public office, and the Board; however, authorized ☒ ☐ ☐ facility staff may open and inspect such mail only to search for contraband and in the presence of the youth; and, (d) incoming and outgoing mail, other than that described IS Policy Section 6.6.10.1 in (c), may be read by staff only when there is ☒ ☐ ☐ reasonable cause to believe facility safety and security, public safety, or youth safety is jeopardized. 1376 TELEPHONE ACCESS IS Policy Section 6.7 The administrator of each juvenile facility shall develop ☒ ☐ ☐ and implement written policies and procedures to provide youth with access to telephone communications. 1377 ACCESS TO LEGAL SERVICES The facility administrator shall develop written ☒ ☐ ☐ procedures to ensure the right of youth to have access to the courts and legal services. Such access shall include: (a) access, upon request by the youth, to licensed IS Policy Section 6.8.2.2 attorneys and their authorized representatives; ☒ ☐ ☐ IS Policy Section 6.8.2.3 (b) provision for confidential consultation with IS Policy Section 6.8.2.9 ☒ ☐ ☐ attorneys; and, (c) unlimited postage free, legal correspondence and IS Policy Section 6.6.3.3 ☒ ☐ ☐ cost-free telephone access as appropriate. 7491+ San Diego JH PRO 18-20 - 42 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1390 DISCIPLINE IS Policy Section 7.1.2.3 The facility administrator shall develop and implement IS Policy Section 7.1.4.2 written policies and procedures for the discipline of IS Policy Section 7.1.3.4 youth that shall promote acceptable behavior; including the use of positive behavior interventions and supports. ☒ ☐ ☐ IS Policy Section 7.1.4.2 Discipline shall be imposed at the least restrictive level which promotes the desired behavior and shall not include corporal punishment, group punishment, physical or psychological degradation. Deprivation of the following is not permitted: (a) bed and bedding; ☒ ☐ ☐ IS Policy Section 7.1.4.3 (b) daily shower, access to drinking fountain, toilet and IS Policy Section 7.1.4.3 ☒ ☐ ☐ personal hygiene items, and clean clothing; (c) full nutrition; ☒ ☐ ☐ IS Policy Section 7.1.4.3 (d) contact with parent or attorney; ☒ ☐ ☐ IS Policy Section 7.1.4.3 (e) exercise; ☒ ☐ ☐ IS Policy Section 7.1.4.3 (f) medical services and counseling; ☒ ☐ ☐ IS Policy Section 7.1.4.3 (g) religious services; ☒ ☐ ☐ IS Policy Section 7.1.4.3 (h) clean and sanitary living conditions; ☒ ☐ ☐ IS Policy Section 7.1.4.3 (i) the right to send and receive mail; ☒ ☐ ☐ IS Policy Section 7.1.4.3 (j) education; and, ☒ ☐ ☐ IS Policy Section 7.1.4.3 (k) rehabilitative programming. ☒ ☐ ☐ IS Policy Section 7.1.4.3 The facility administrator shall establish rules of conduct IS policy Section 7.2.2.2 and disciplinary penalties to guide the conduct of youth. IS Policy Section 7.2.2.3 Such rules and penalties shall include both major violations and minor violations, be stated simply and ☒ ☐ ☐ IS Policy Section 7.2.2.4 affirmatively, and be made available to all youth. Provision shall be made to provide accessible information to youth with disabilities, limited English proficiency, or limited literacy. 1391 DISCIPLINE PROCESS 7.5.3 The facility administrator shall develop and implement ☒ ☐ ☐ All discipline, regardless of its nature, is subject written policies and procedures for the administration to due process of discipline which shall include, but not be limited to: (a) designation of personnel authorized to impose IS Policy Section 7.1.4.1 discipline for violation of rules; ☒ ☐ ☐ Only sworn probation officers assigned to IS are permitted to impose discipline on youth. (b) prohibiting discipline to be delegated to any youth; ☒ ☐ ☐ IS Policy Section 7.2.2.5 (c) definition of major and minor rule violations and IS Policy Section 7.5.6.1 ☐ ☐ ☐ their consequences, and due process requirements; IS Policy Section 7.5.8.1 (d) trauma-informed approaches and positive behavior Included in draft policy 600.3.1 ☐ ☒ ☐ interventions; 7491+ San Diego JH PRO 18-20 - 43 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (e) minor rule violations may be handled informally by IS Policy Section 7.5.5 counseling, advising the youth of expected conduct IS Policy Section 7.5.6.1 imposing a minor consequence. Discipline shall be ☒ ☐ ☐ accompanied by written documentation and a IS Policy Section 7.7.3.1 policy of review and appeal to a supervisor; and, (f) major rule violations and the discipline process IS Policy Section 7.5.8.1 ☒ ☐ ☐ shall be documented and require the following: (1) written notice of violation prior to a hearing; ☒ ☐ ☐ IS Policy Section 7.7.3.1 (2) accommodations provided to youth with Included in draft policy 600.5.7 disabilities, limited literacy, and English ☐ ☒ ☐ language learners; (3) hearing by a person who is not a party to the IS policy Section 7.7.5.2 ☒ ☐ ☐ incident; IS policy Section 7.6.5.1 (4) opportunity for the youth to be heard, present IS policy Section 7.6.2 ☒ ☐ ☐ evidence and testimony; (5) provision for youth to be assisted by staff in the IS Policy Section 7.4.1 hearing process; The Rule Violation form has a due process ☒ ☐ ☐ section in which the youth is notified of their right to assistance by a staff member. (6) provision for administrative review. ☒ ☐ ☐ IS policy Section 7.6.2 (g) violations that result in a removal from camp or IS Policy Section 7.6.2 apply to all violations. commitment program, but not a return to court, will ☒ ☐ ☐ follow the due process provisions in subsection (e) above. f REVIEW OF NON REGULATORY REQUIREMENTS GRANT FUNDING OR CODE REFERENCE YES NO N/A P/P REFERENCE - COMMENTS JUVENILE PROBATION AND CAMPS FUNDING (JPCF) (Camps Only) The programs/services identified on the JPCF – Camp See list of programs offered. Allocation Eligibility Form are being provided at the ☒ ☐ ☐ facility. (Refer to the JPCF Program Agreement, Attachment B) 208.5 WIC CONTACT BETWEEN PERSONS UNDER THE JUVENILE COURT AGES 19- 20 AND MINORS IN THE FACILITY The facility houses Juvenile Court Wards 19 years of Youth under the jurisdiction of the juvenile age and older. court who at 19 and 20 are housed at EMJDF. ☒ ☐ ☐ They may be held at KMJH temporarily before transfer to EMJH. See Letter from BSCC (CSA) April 4, 2008. The facility has been approved to hold persons under See Letter from BSCC (CSA) April 4, 2008. ☒ ☐ ☐ the juvenile court who are ages 19 through 21. The facility continues to comply with the requirements Programming for these youth primarily takes of 208.5 WIC (programming, capacity and security of ☒ ☐ ☐ place at EMDF. the facility) as outlined in the county’s application. JUVENILE JUSTICE DELINQUENCY PREVENTION ACT MONITORING (JJDPA) 7491+ San Diego JH PRO 18-20 - 44 - J453 JUV PRO-Eff. 01-01-2019 WIC 206 SEPARATE FACILITIES FOR WIC Section 5.1.4 300 MINORS Dependent or neglected minors who are defined under ☒ ☐ ☐ Section 300 of the Welfare and Institutions Code Violation (WIC) are held only in non-secure, separate and segregated facilities. DETENTION OF STATUS OFFENDERS (WIC IS Section 5.3.16 601) AND FEDERAL MINORS ☒ ☐ ☐ See Letter from BSCC (CSA) April 4, 2008. Status Offenders (WIC 601) are held in the facility. Status Offenders (WIC 601) are kept separate from IS Section 5.3.16 ☒ ☐ ☐ Juvenile Delinquents (WIC 602)? (WIC 207[d]). Violation See Letter from BSCC (CSA) April 4, 2008 Federal Minors (ICE Holds or ORR Contract) are held Detention Control Unit policy 525.3 in the facility. ☐ ☒ ☐ Will hold if a State crime was committed and the DA is filing. If yes to the above, the Monthly Report on the Detention Control Unit sends this report Detention of Status Offenders/Federal Minors is ☒ ☐ ☐ submitted to the BSCC. WIC 208 SEPARATION OF MINORS AND Adult inmates as defined are generally not held in ADULT INMATES (JJDPA 42 USC our facilities. However, the policy contingency 5633, Sec 223, State Plans (a)[12]) for this is located in IS Section 5.3.14 Are adult inmates held in the facility? (When a person ☒ ☐ ☐ in detention is proceeding through the adult court, AND that person is 18 years of age or older that person is an adult inmate.) If adult inmates are held, they are appropriately IS Policy Section 5.3.14 ☒ ☐ ☐ separated from minors. Violation Adult inmates from an adult facility (e.g. inmate Adult inmates are generally not admitted to the workers or “Scared Straight” programs) are not allowed facilities. In the unlikely event that adult inmate in the facility in a manner that allows contact with ☒ ☐ ☐ workers were used, sight and sound separation Violation would be maintained in compliance with IS minors. Section 5.3.14. 7491+ San Diego JH PRO 18-20 - 2 - J453 JUV PRO-Eff. 01-01-2019