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

December 10, 2020 Jose Tellez, Chief of Police National City Police Department 1200 National City Blvd National City, CA 91950 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Tellez: As you are aware, The Board of State and Community Corrections (BSCC) is statutory required to inspect all Local detention facility’s biennial for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations, per Penal Code Section 6031 and for Welfare and Institutions Code (WIC) Section 209. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation your agency provided. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report is enclosed and consists of this transmittal letter and the Procedures Checklist outlining applicable Title 15 sections. Local Inspection In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. There were no noncompliance issues as it relates to the fire inspection or the county health inspection. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. We found no noncompliance issues. Please refer to the Procedures Checklist for detailed information. 4615 San Diego National City TH LTR 18-20 Jose Tellez, Chief of Police Page 2 of 2 Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodel project concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). Secure and nonsecure youth a held in the juvenile facility area, which is outside the jail facility. CORRECTIVE ACTION PLAN No areas of noncompliance were noted, and no corrective action is needed. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC remain committed to be a resource to your agency regarding your custodial questions or concerns. If you have any questions, or concerns, please contact our office at any time. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of National City * City Manager, City of National City* Presiding Judge, Superior Court, County of San Diego * Grand Jury Foreperson, Superior Court, County of San Diego* *Copies of the complete reports are available on BSCC website. 4615 San Diego National City TH LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4615 FACILITY NAME: National City Police Department City Jail FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sergeant Steve Villariasa FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/23/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.12 TRAINING HOLDING FACILITY TRAINING All training requirements have been met. Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once Refresher training has been completed. 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 900.3.3 STAFFING PLAN 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. 4615 San Diego National City 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 900.3.3 STAFFING PLAN least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ Each officer is responsible for their prisoners. 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 900.3.2 SUPERVISION IN TEMPORARY would conflict with the supervision and care of inmates in ☒ ☐ ☐ CUSTODY the event of an emergency. Whenever one or more female inmates are in custody, there 900.3.2 SUPERVISION IN TEMPORARY shall be at least one female employee who shall be CUSTODY immediately available and accessible to such females. Note: Reference PC§ 4021. At least one female department member should be present when a female adult is in temporary ☒ ☐ ☐ custody. In the event that none is readily available, the female in custody should be transported to another facility or released. To determine if there is a sufficient number of personnel for 900.3.3 STAFFING PLAN a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the Each officer is responsible for their prisoners. facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.5 (d) SAFETY, HEALTH AND OTHER PROVISIONS Safety checks shall be conducted at least hourly through direct visual observation of all inmates. There shall be no Time of all safety checks more than a 60-minute lapse between safety checks. 900.8 HOLDING CELLS (e) Safety checks by department members shall occur no less than every 15 minutes ☒ ☐ ☐ 1. Safety checks should be at varying times. 2. All safety checks shall be logged. 3. The safety check should involve questioning the individual as to his/her wellbeing. 4. Individuals who are sleeping or apparently sleeping should be awakened. 5. Requests or concerns of the individual should be logged. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.3.3 STAFFING PLAN Whenever there is an inmate in custody, there shall be at 900.12 (d) TRAINING ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life Emergency procedures and planning, fire safety. (Penal Code section 6030[e]) safety, and life safety. 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. 4615 San Diego National City TH PRO 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Unless otherwise indicated all references to policy sections are contained within Section 034 of the National City Police Department Facility administrator(s) shall develop and publish a manual Temporary Holding Facility Procedure of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.4.1 SCREENING AND PLACEMENT ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ Department Policy 052 (4) Policy on the use of restraint equipment, including the 900.6 USE OF RESTRAINT DEVICES restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ 900.6.1 USE OF RESTRAINT DEVICES Section 3407. (5) Procedure and criteria for screening newly received 900.4.1 SCREENING AND PLACEMENT inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ 900.8 HOLDING CELLS (A) physical counts of inmates, ☒ ☐ ☐ 900.8 HOLDING CELLS (B) searches of the facility and inmates, ☒ ☐ ☐ 900.8 HOLDING CELLS (C) contraband control, and, ☒ ☐ ☐ 900.8 HOLDING CELLS (D) key control. ☒ ☐ ☐ 900.11 Each facility administrator shall, at least annually, review, 900.11 ASSIGNED ADMINISTRATOR evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ Annual review and evaluation of security measures of the facility including security measures specific measures including internal and external security to prevention of sexual abuse and sexual harassment. measures, sanitation, safety and maintenance (7) Emergency procedures include: (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.11 (C) mass arrests; ☒ ☐ ☐ 900.11 ASSIGNED ADMINISTRATORV. (D) natural disasters; ☒ ☐ ☐ 900.11 ASSIGNED ADMINISTRATOR (E) periodic testing of emergency equipment; and, Included in monthly fire/life safety ☒ ☐ ☐ documentation. (F) storage, issue, and use of weapons, ammunition, 900.11 ASSIGNED ADMINISTRATOR ☒ ☐ ☐ chemical agents, and related security devices. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4615 San Diego National City TH PRO 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Suicide Prevention. 900.9 SUICIDE ATTEMPT, DEATH OR ☒ ☐ ☐ SERIOUS INJURY (9) Segregation of Inmates. ☒ ☐ ☐ 900.10 RELEASE AND/OR TRANSFER (10) Zero tolerance in the prevention of sexual abuse and PREA 902 ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, 900.10 RELEASE AND/OR TRANSFER ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those Non-detainable. inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct ☐ ☐ ☒ contact with inmates. (b) Intake screening for suicide risk immediately upon ☐ ☐ ☒ intake and prior to housing assignment. (c) Provisions facilitating communication among arresting/transporting officers, facility staff, medical and ☐ ☐ ☒ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☐ ☐ ☒ (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ (f) Suicide attempt and suicide intervention policies and ☐ ☐ ☒ procedures. (g) Provisions for reporting suicides and suicides attempts. ☐ ☐ ☒ (h) Multi-disciplinary administrative review of suicides and attempted suicides as defined by the facility ☐ ☐ ☒ administrator. 1032 FIRE SUPPRESSION PREPLANNING 900.11 ASSIGNED ADMINISTRATOR Pursuant to Penal Code Section 6031.1(b), the facility (g) Fire- and life-safety, including a fire administrator shall consult with the local fire department ☒ ☐ ☐ suppression pre-plan 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: 4615 San Diego National City 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 (a) a fire suppression pre-plan developed with the local fire department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Fire inspection is current. Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ VI. A. (e) a plan for the emergency housing of inmates in the case of San Diego County Jail would be used in this ☒ ☐ ☐ fire. event. 1044 INCIDENT REPORTS 900.5.8 REPORTING PHYSICAL HARM OR SERIOUS THREAT OF PHYSICAL HARM Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ A custody log entry, any incident that results in reporting of all incidents which result in physical harm, or physical harm or serious threat of physical harm serious threat of physical harm, to an employee or inmate of to a member, person in custody or any other a detention facility or other person. person shall be 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 A copy of all reports generated regarding the to investigate the incident and submitted to the facility ☒ ☐ ☐ above circumstances shall be submitted as soon manager or his/her designee. as reasonably practicable. 1046 DEATH IN CUSTODY 900.9.1 DEATH 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 032 In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 4615 San Diego National City TH PRO 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 900.4.1 SCREENING AND PLACEMEN (a) Each administrator of a temporary holding, Type I, II, or Consider whether the individual may be at a high III facility shall develop and implement a written risk of being sexually abused based on all classification plan designed to properly assign inmates to available known information or whether the housing units and activities according to the categories of sex, person is facing any other identified risk. age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive Provide any individual identified as being at a behavior, risk of being sexually abused, or sexually harassed high risk for sexual or other victimization with and other criteria which will provide for the safety of the ☒ ☐ ☐ heightened protection. inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the Ensure individuals are separated according to available number of distinct housing units or cells in a facility. severity of the crime. 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 Housing locations are listed on the Facility for male or female inmates, and in making other housing and Prisoner 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. 1051 COMMUNICABLE DISEASES 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ 900.10 RELEASE AND/OR TRANSFER procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is Non-detainable. completed. At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and 900.10 RELEASE AND/OR TRANSFER procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. Non detainable. 4615 San Diego National City 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 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 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for 900.10 RELEASE AND/OR TRANSFER the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that Non detainable. is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL No Safety Cell The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who The remainder of the text of this regulation has display behavior which results in the destruction of property been deleted. or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a (f) Individuals who are under the influence of threat to their own safety or the safety of others due to their alcohol, a controlled substance, or any substance state of intoxication and pursuant to written policies and to the degree that may require medical attention, ☐ ☐ ☒ procedures developed by the facility administrator. or who have ingested any substance that poses a significant risk to their health, whether or not they appear intoxicated. The remainder of the text of this regulation has been deleted 4615 San Diego National City TH PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1057 DEVELOPMENTALLY DISABLED 900.3.1 INDIVIDUALS WHO SHOULD NOT INMATES BE IN TEMPORARY CUSTODY The facility administrator, in cooperation with the 900.10 RELEASE AND/OR TRANSFER ☒ ☐ ☐ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate Non detainable. classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 900.6 USE OF RESTRAINT DEVICES The facility administrator, in cooperation with the Safety Restraints are not used by this agency. responsible physician, shall develop written policies and Arrestees requiring this type of restraint are procedures for the use of restraint devices and may delegate ☒ ☐ ☐ immediately transported to an appropriate authority to place an inmate in restraints to a responsible facility. health care staff. The balance of the text of this regulation has been deleted In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☐ following areas: acceptable restraint devices; 1058.5 RESTRAINTS AND PREGNANT INMATES 900.6 USE OF RESTRAINT DEVICES The facility administrator, in cooperation with the Pregnant prisoners will not be restrained while in responsible physician, shall develop written policies and ☒ ☐ ☐ custody. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 4615 San Diego National City TH PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE 900.5.5 TELEPHONE CALLS The facility administrator shall develop written policies and Immediately upon being booked and, except procedures which allow reasonable access to a telephone where physically impossible, no later than three ☒ ☐ ☐ beyond those telephone calls which are required by Section hours after arrest, an individual in custody has 851.5 of the Penal Code. the right to make at least three completed calls to an attorney, bail bondsman, and a relative or other person. 1068 ACCESS TO COURTS AND COUNSEL 900.5.9 ATTORNEYS AND BAIL BONDSMEN 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 Prisoners not held long enough to receive mail. ☐ ☐ ☒ regulations, and, (b) confidential consultation with attorneys. Interviews between attorneys and their clients ☒ ☐ ☐ shall not be monitored or recorded. 1081 PLAN FOR INMATE DISCIPLINE 900.5.10 DISCIPLINE If discipline is NOT administered, written policy should Discipline will not be administered to any indicate as such. If discipline is administered, Sections individual in custody at this facility. 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Minors placed in secure detention outside the secure perimeter of the jail. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the Nonsecure youth held in the officer’s report writing area. detention of minors: (1) Deinstitutionalization of Status Offenders ☐ ☒ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☒ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 4615 San Diego National City TH PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 311.3 JUVENILES WHO SHOULD NOT BE MINOR IN AN ADULT DETENTION HELD FACILITY The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, ☒ ☐ ☐ guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 311.3 JUVENILES WHO SHOULD NOT BE HELD The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; 311.3.2 SUICIDE PREVENTION OF ☒ ☐ ☐ JUVENILES IN CUSTODY (b) use of restraints; 311.9 USE OF RESTRAINT DEVICES ☐ ☐ ☐ non-offenders and status offenders should not be handcuffed unless they are combative or threatening ( (c) emergency medical assistance and services; and, 311.3.1 EMERGENCY MEDICAL CARE OF ☒ ☐ ☐ JUVENILES IN CUSTODY (d) prohibiting use of discipline. 311.8 (o) TEMPORARY CUSTODY ☒ ☐ ☐ REQUIREMENTS. 1143 CARE OF MINORS IN TEMPORARY 311.8 TEMPORARY CUSTODY CUSTODY REQUIREMENTS ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ E (2) one snack upon request during term of temporary F custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ G (4) privacy during consultation with family, guardian, H ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the I ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is J inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 4615 San Diego National City TH PRO 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1144 CONTACT BETWEEN MINORS AND 034. IV. N. 2. & 034.1 V. D. ADULT PRISONERS ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 311.11 SECURE CUSTODY A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a A serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was B ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the C ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate D ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who E ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY 311.11 SECURE CUSTODY While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 4615 San Diego National City TH PRO 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1147 SUPERVISION OF MINORS IN SECURE 311.11.1 LOCKED ENCLOSURES CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; a ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the b Unscheduled safety checks to provide for the minor by staff of the law enforcement facility, at health and welfare of the juvenile by a staff ☒ ☐ ☐ least once every 30 minutes, which shall be member, no less than once every 15 minutes, shall documented. occur ( (b) Males and females shall not be placed in the same E locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 311.11.1 LOCKED ENCLOSURES CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for d longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE 311.4.3 CUSTODY OF JUVENILE CUSTODY OFFENDERS Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- VI. 311.4.3 CUSTODY OF JUVENILE SECURE CUSTODY OFFENDERS Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 4615 San Diego National City TH PRO 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1151 MINORS UNDER THE INFLUENCE OF 311.3 JUVENILES WHO SHOULD NOT BE ANY INTOXICATING SUBSTANCE IN SECURE OR HELD NON-SECURE CUSTODY (d) Significantly intoxicated except when Facility administrators shall develop policies and procedures approved by the Watch Commander. A medical providing that a medical clearance shall be obtained for ☒ ☐ ☐ clearance shall be obtained for minors who are minors who are under the influence of drugs, alcohol or any under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable other intoxicating substance to the extent that to care for themselves. they are unable to care for themselves Supervision of minors in secure custody in a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 4615 San Diego National City TH PRO 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot