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

December 10, 2020 Walt Vasquez, Chief of Police La Mesa Police Department 8085 University Ave La Mesa CA, 91942 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Vasquez: As you are aware, The Board of State and Community Corrections (BSCC) is statutory required to inspect all Local detention facility’s biennial for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations, per Penal Code Section 6031 and for Welfare and Institutions Code (WIC) Section 209. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation your agency provided. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report is enclosed and consists of this transmittal letter and the Procedures Checklist outlining applicable Title 15 sections. Local Inspection In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. There were no noncompliance issues as it relates to the fire inspection or the county health inspection. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. The following noncompliance issues is noted: 1029 Policy and Procedures Manual The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. There are few policy’s that requires to be developed: 4619 San Diego La Mesa TH LTR 18-20 Walt Vasquez, Chief of Police Page 2 of 2 Please refer to the Procedures Checklist for detailed information. Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodel project concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). Secure and nonsecure youth a held in the juvenile facility area, which is outside the jail facility. CORRECTIVE ACTION PLAN Please provide a corrective action plan to address the noncompliance issue by Oct 25, 2020. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC remain committed to be a resource to your agency regarding your custodial questions or concerns. If you have any questions, or concerns, please contact our office at any time. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of La Mesa* City Manager, City of La Mesa* Presiding Judge, Superior Court, County of San Diego* Grand Jury Foreperson, Superior Court, County of San Diego* Christine McMillen, Police Service Manager, La Mesa Police Department *Copies of the complete reports are available on BSCC website. 4619 San Diego La Mesa TH LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code:4619 FACILITY NAME: La Mesa Police Department City Jail FACILITY TYPE: TH PERSON(S) INTERVIEWED: Police Service Manager Christine McMillen FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/26/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Page 4 HOLDING FACILITY TRAINING This finding was a result of a review of training records. Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once every two years. Successful completion of the requirements ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 4619 San Diego La Mesa TH PRO 18-20 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at Page 5 least one employee on duty at all times in a local detention Police Officers are responsible for their arrestee facility or in the building which houses a local detention ☒ ☐ ☐ while in the facility. facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there Page 5 shall be at least one female employee who shall be A female police officer is always on duty and ☒ ☐ ☐ immediately available and accessible to such females. would be called in to remain in the facility in Note: Reference PC§ 4021. this event. To determine if there is a sufficient number of personnel for Police Officers are responsible for their arrestee a specific facility, the facility administrator shall prepare and while in the facility. retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS Page 5 Monitoring of a prisoner includes intermittent Safety checks shall be conducted at least hourly through ☒ ☐ ☐ line-of-sight checks of the prisoner at intervals direct visual observation of all inmates. There shall be no not to exceed thirty (30) minutes and recorded more than a 60-minute lapse between safety checks. on an Adult Prisoner Detention Log. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF Agency attends POST Title 15 training, where fire and life safe course is taught. Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Unless otherwise indicated, all references to policy sections are contained within the Department’s Holding Facility Manual. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☐ ☒ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4619 San Diego La Mesa TH PRO 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) Table of organization, including channels of Definitions and Department Manual ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility Inspections Category 2 inspection. ☒ ☐ ☐ administrator/manager. Facility Reporting (3) Policy on the use of force. ☒ ☐ ☐ Page 10 - Use of Force (4) Policy on the use of restraint equipment, including the Page 10 - Use of Force restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received Page 8 & 9 – Holding Facility inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: Page 9 ☒ ☐ ☐ As a matter of practice this occurs at each safety check. (A) physical counts of inmates, Pages 7 & 8 - Intake Procedures ☒ ☐ ☐ Page 9 - Searches (B) searches of the facility and inmates, ☒ ☐ ☐ Supervision of Inmates/Intake Procedures (C) contraband control, and, ☒ ☐ ☐ Supervision of Inmates/Intake Procedures (D) key control. ☒ ☐ ☐ Page - Security and Control Each facility administrator shall, at least annually, review, In practice this is on-going through inspection evaluate, and make a record of security measures. The review processes. and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; Page 10 - Emergency Procedures ☒ ☐ ☐ Page 10 - Escapes Page 18 - Emergency Procedures (C) mass arrests; ☒ ☐ ☐ Page 10 - Emergency Procedures (D) natural disasters; ☒ ☐ ☐ Page 18 - Emergency Procedures (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ This occurs during monthly inspections. (F) storage, issue, and use of weapons, ammunition, Security and Control ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ Page 17 - Suicide Prevention (9) Segregation of Inmates. ☐ ☐ ☐ Pages 10 & 11 - Segregation and Classification (10) Zero tolerance in the prevention of sexual abuse and New Section added in 2019. Please add to the ☐ ☒ ☐ sexual harassment. facility manual. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☐ ☒ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☐ ☒ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, 4619 San Diego La Mesa TH PRO 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) a method for uninvolved inmates, family, community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☐ ☒ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM Page 17 - Suicide Prevention The facility shall have a comprehensive written suicide These types of prisoners will not be detained. prevention program developed by the facility administrator, ☐ ☐ ☒ in conjunction with the health authority and mental health The remainder of section is deleted. director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: 1032 FIRE SUPPRESSION PREPLANNING Pages 17-19 - Fire Inspections/Suppression Preplan Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a Forms were available for review. monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Last fire inspection was conducted on Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ 06/08/2018. inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ (e) a plan for the emergency housing of inmates in the case of A San Diego County Jail would be used in this ☒ ☐ ☐ fire. event. 1044 INCIDENT REPORTS Page 6 - Incident Reports Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned Reports are due at the end of shift. to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 4619 San Diego La Mesa TH PRO 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY Pages 20-21 - Deaths in Custody (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor Minors are held in the juvenile holding area In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ outside the jail. lockup, or court holding facility: (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN Page 11 - Segregation and Classification (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area Cell assignments are noted on the safety check for male or female inmates, and in making other housing and log. programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 4619 San Diego La Mesa TH PRO 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1051 COMMUNICABLE DISEASES Page 21- Communicable Diseases These arrestees are not detained at this facility. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES Page 21- Communicable Diseases These arrestees are not detained at this facility. The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☐ ☐ ☒ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION Page 15 - Segregation and Classification These arrestees are not detained at this facility. Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 4619 San Diego La Mesa TH PRO 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL No safety cells. Arrestees requiring the protective confinement of a safety cell are not confined at this facility. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property The remainder of the text of this regulation has or reveals an intent to cause physical harm to self or others. been deleted. 1056 USE OF SOBERING CELL No sobering cells. The sobering cell described in Title 24, Part 2, Section The remainder of the text of this regulation has 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ been deleted. threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. 1057 DEVELOPMENTALLY DISABLED These arrestees are not detained at the facility. INMATES The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES Page 10 Arrestees requiring safety restraints are not The facility administrator, in cooperation with the confined at this facility. responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices and may delegate The remainder of the text of this regulation has authority to place an inmate in restraints to a responsible been deleted. health care staff. 1058.5 RESTRAINTS AND PREGNANT INMATES Pregnant females will not be detained. The facility administrator, in cooperation with the The remainder of the text of this regulation has responsible physician, shall develop written policies and ☐ ☐ ☒ been deleted. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: 1067 ACCESS TO TELEPHONE Page 20 - Access to Telephone The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL Page 19 - Right to Counsel The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 4619 San Diego La Mesa TH PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY PENALTIES Page 11 – Discipline is not Administered. Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary penalties to guide inmate conduct. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? There are two lock/unlocked rooms outside the jail in the officer’s report writing room. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☐ ☒ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☒ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 4619 San Diego La Mesa TH PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot