San Diego County, National City Police Department City Jail (2016-2018 inspection cycle)

October 16. 2018 Manuel Rodriguez, Chief of Police National City Police Department 1200 National City Blvd. National City, CA 91950-4302 2016-2018 BIENNIAL INSPECTION 6031 PC & 207 WIC Dear Chief Rodriguez: On June 20, 2018, Board of State and Community Corrections (BSCC) staff conducted the biennial inspection of the National City Police Department Temporary Holding Facility pursuant to Penal Code Section 6031 for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuant to the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the secure detention of minors. The inspection consisted of a desk audit of applicable policies and procedures governing the operation of the facility, an on-site review of documentation to verify that your practices follow your written procedures, and a walk-through of the physical plant Sergeant Matthew Smith was present during the inspection and assisted by answering questions and clarifying procedural issues. His professionalism and courtesy extended during the inspection was appreciated. The complete BSCC inspection report is enclosed and consists of: This transmittal letter; Inspection Cycle Information sheet identifying the facility and listing any areas of non- compliance; The Procedures Checklist outlining applicable Title 15 sections; The Physical Plant Evaluation outlining Title 24 requirements for design;1 and, The Living Area Space Evaluation summarizing the detention facility’s physical plant configuration. Local Inspections 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 1 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel to the jail area. 4615 National City PD City Jail LTR; 10/16/2018 Manuel Rodriquez, Chief of Police 2 | P a ge conjunction with the reports from the County Health Officer and National City Fire Department for a comprehensive perspective of your facility. Fire Inspection: The fire/life safety inspection was conducted on March 8, 2017. A fire clearance was granted with no deficiencies. Health Inspections: The local health authority conducted the annual inspections on February 15, 2018. No non- compliance issues were noted. We encourage the practice of maintaining a permanent file for historical copies of all inspections. This file should be the first point of reference when preparing for all future inspections. BSCC Inspection Physical Plant: Completed in 1991, the National City Police Department Temporary Holding Facility is evaluated using the 1988 Physical Plant Standards. No inmates were in-custody at the time of the inspection. The jail was clean and appeared well maintained. No issues of non-compliance with applicable physical plant standards were identified. Police, Procedure and Practice: During the inspection, BSCC staff reviewed applicable policy, procedures, practices and supporting documentation where necessary. We informed your staff that there is a recently updated version of Title 15 minimum standards and that the facility should go through the new standards to ensure that the facility will remain in compliance with their policy and procedures manual. Documentation review included training records, daily/monthly inspections, receiving screening and safety checks. We found no non-compliance issues. Juvenile Inspection: We reviewed policy, procedures, practice and supporting documentation related to Minors in Custody in a Law Enforcement Facility. Minors are held in an area adjacent to the officer’s report writing room. BSCC is the designated compliance monitoring agency for the Juvenile Justice and Delinquency Prevention Act (JJDPA), and is authorized by Welfare and Institutions Code §209(f) to inspect facilities that may detain minors in secure detention. There were no violations noted. We strongly encourage continued management oversight related to the detention of minors as compliance with WIC Section 207.1(d) and Title 15, Article 9 regulations is required to maintain suitability for the secure confinement of minors in law enforcement facilities. 4615 National City PD City Jail LTR; 10/201/2016 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4615 FACILITY NAME: National City Police Department City Jail FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sergeant Matthew Smith FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/20/2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1024 COURT HOLDING AND TEMPORARY IV. B. HOLDING FACILITY TRAINING All training requirements have been met. All personnel who are responsible for supervising inmates, and supervisors with custodial responsibilities, complete the eight hours of specialized training outlined in this X regulation within six (6) months of assignment. Successful completion of training, pursuant to Section 1020 of these regulations, may be substituted for the initial eight hours of training. Eight hours of refresher training is completed every two Refresher training has been completed. years. Successful completion of training, pursuant to Section 1025 of these regulations, may be substituted for X the eight hour refresher. 1027 NUMBER OF PERSONNEL In addition to the implementation and operation of all programs and activities required by the There are sufficient personnel on duty at all times regulations, another predicator for compliance (whenever there is an inmate in custody) to ensure the X with this section is the availability of staff to implementation and operation of all programs and activities complete and document at least hourly safety required by these regulations. checks. There is a written plan that includes the documentation of IV. C. & IV. R. 1. hourly safety checks. X Requires documented hourly checks. No non- compliance was noted. There is at least one employee on duty at all times, who IV. C. shall be immediately available and accessible with the X ability to respond to any inmate in the event of an emergency. Whenever one or more female inmates are in custody, there IV. C. & IV. S. 4. is at least one female employee immediately available and X accessible. Note: Reference PC § 4021. A staffing plan is available which indicates personnel assigned and their duties. X 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. x 4615 National City PD City Jail THJ PRO;06/20/2018 - 1 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1028 1028 FIRE AND LIFE SAFETY STAFF IV. D. Whenever there is an inmate in custody, there is at least X one person on duty at all times who meets the BSCC training standards for general fire and life safety. There is at least one person on duty who trained in fire and IV. U. 1.c. life safety procedures that relate specifically to the facility. X 1029 POLICY AND PROCEDURES MANUAL 2 Unless otherwise indicated all references to policy sections are contained within Section 034 There is a published manual of policies and procedures for X of the National City Police Department the facility that addresses applicable regulations and Temporary Holding Facility Procedure includes: Table of organization, including channels of IV. O. X communications; Inspections and operations reviews by the facility IV. R. 1. b. X administrator/manager; Use of force; X Department Policy 052 Use of restraint equipment, including the restraint of IV. H. pregnant inmates; X Note: Reference PC § 6030(f); Screening newly received inmates for release IV. S. 3. X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: As a matter of practice, counts occur during each X Physical counts of inmates; safety check. Searches of the facility; X IV. R. 1. b. Searches of inmates; X IV. S. 1. Contraband control; and, X IV. R. 1. b. Key control. X Department Policy 033 At least annually, the facility administrator reviews, In practice, this is an ongoing process. evaluates and documents internal and external security X measures. Emergency procedures, including: X Escape; X IV. U. 2. Disturbances; X IV. U. 3. Taking of hostages; X IV. U. 3. Civil disturbance; X IV. U. Natural disasters; X IV. U. Periodic testing of emergency equipment; Included in monthly fire/life safety X documentation. Storage, issue and use of weapons, ammunition, IV. P. 6. X chemical agents; and, Storage, issue and use of security devices. X Nothing Stored Suicide prevention; and, X IV. L. Segregation of inmates. X IV. G. The manual is available to all employees. X Hard copy and electronically. The manual is comprehensively reviewed and updated at In progress. least every two years. X 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4615 National City PD City Jail THJ PRO;06/20/2018 - 2 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1032 FIRE SUPPRESSION PREPLANNING IV. U. There is a fire suppression pre-plan that has been developed X in consultation with the responsible fire authority and includes: Note: Reference PC § 6031.1 Monthly fire and life safety inspections by facility staff Verified. X with a two-year retention of the inspection record; Fire prevention inspections at least once every two Fire inspection was conducted on 03/18/2017. years; Fire clearance granted. X Note: Reference Health and Safety Code Section 13146.1(a) and (b); An evacuation plan; and, X VI. A. A plan for the emergency housing of inmates in the San Diego County Jail would be used in this event of a fire. X event. 1044 INCIDENT REPORTS IV. E. There are written policies and procedures for the maintenance of written records and reporting of all incidents that result in physical harm, or serious threat of X physical harm, to an employee, inmate or other person. Such records include names of persons involved, a description of the incident, actions taken, and date and time of the occurrence. Written record is prepared by appropriate staff and submitted to the facility manager or his/her designee. X 1046 DEATH IN CUSTODY IV.K X Written policy and procedures assure that there is a review of each in-custody death. The review team includes the facility administrator and/or manager; the health administrator; the responsible physician; X and other health care and supervision staff who are relevant to the incident. When a minor dies in a facility, the administrator of the 032 facility provides the Board of State and Community Corrections with a copy of the death in custody report that is submitted to the Attorney General under Government Code X Section 12525, within 10 days after the death. Note: Reference Government Code § 12525 1050 CLASSIFICATION PLAN IV. G. X The facility has a written classification plan designed to properly assign inmates to housing units and activities. Includes receiving screening performed at intake by trained X personnel. Includes maintenance of a record of each inmate's Housing locations are listed on the Facility classification level, housing restrictions and housing Prisoner Log. X assignments. 4615 National City PD City Jail THJ PRO;06/20/2018 - 3 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1051 COMMUNICABLE DISEASES IV. F. 5. Non-detainable. There are written policies and procedures specifying those symptoms that require segregation of an inmate until a medical evaluation can be completed. An inquiry is made to determine if the inmate has or has had any communicable diseases, or has observable symptoms of communicable diseases, including but not limited to tuberculosis or other airborne diseases, or other special medical problems identified by the health authority. Inmate's response is noted on booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES IV. F. 4. Arrestees who are determined to be mentally There are written policies and procedures for the X disordered are not held in this facility. identification and evaluation of all mentally disordered inmates. An evaluation by health care staff occurs within 24 hours of identification or at the next daily sick call, whichever is X earliest. Segregation may be used if necessary to protect the safety of the inmate or others. X 1053 ADMINISTRATIVE SEGREGATION Non-detainable. There are written policies and procedures, which provide for administrative segregation of inmates who are X determined to be prone to: escape; assault staff or other inmates; disrupt operations of the jail; or, are likely to need protection from other inmates. The administrative segregation consists of separate and secure housing with no deprivation of privileges other than those necessary to obtain the objective of protecting X inmates and staff. 1055 USE OF SAFETY CELL No Safety Cell The safety cell, specified in Title 24, Part 2, Section 1231 X 2.5, is used only to hold inmates who display behavior that The remainder of the text of this regulation has results in the destruction of property or reveals an intent to been deleted. cause physical harm to self or others. 1056 USE OF SOBERING CELL IV. F. 10. Prohibits use of the existing Sobering Cell. Intoxicated prisoners will be transferred The sobering cell, specified in Title 24, Part 2, Section to the county jail. 1231 2.4 is used only for holding inmates who are a threat X to their own safety or the safety of others due to their state The remainder of the text of this regulation has of intoxication and pursuant to written policies and been deleted. procedures. 1057 DEVELOPMENTALLY DISABLED IV. F. 7. INMATES Non-detainble. There are written procedures for identification and evaluation of all developmentally disabled inmates. 4615 National City PD City Jail THJ PRO;06/20/2018 - 4 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS A contact to the regional center occurs within 24 hours when an inmate is suspected or confirmed to be developmentally disabled. 1058 USE OF RESTRAINT DEVICES IV. H. Safety Restraints are not used by this agency. There are written polices and procedures for the use of Arrestees requiring this type of restraint are restraint devices that include: immediately transported to an appropriate X facility. The balance of the text of this regulation has been deleted. 1067 ACCESS TO TELEPHONE IV. I. There are written policies and procedures that allow X reasonable access to a telephone beyond those telephone calls required by Section 851.5 PC. 1068 ACCESS TO COURTS IV. J. There are written policies and procedures that ensure the X inmate's right to confidential consultation with attorneys. 1081 PLAN FOR INMATE DISCIPLINE (WA) IV. W. Discipline is not administered at this facility. There are written policies and procedures for inmate discipline. (This may be waived by written policy X stating that discipline is not administered in the facility. If discipline is administered, Sections 1080, 1082, 1083 and 1084 Title 15, CCR, apply.) 4615 National City PD City Jail THJ PRO;06/20/2018 - 5 - A352 TH PRO eff. 9/2012.dot DETENTION OF MINORS YES NO N/A Are minors held in this facility? Minors placed in secure detention are detained outside the secure perimeter of the jail. If YES, then the core requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the X provisions of Title 15, Article 9, Minors in Detention in a Law Enforcement Facility apply and will be inspected for. JUVENILE JUSTICE AND DELINQUENCY VIOLATION N/A P/P/REFERENCE - COMMENTS PREVENTION ACT MONITORING NO YES 42 USC 5633 SECTION 223(a)(11) DEINSTITUTIONALIZATION OF STATUS OFFENDERS Status offenders, non-offenders, alien juveniles, civil-type X juveniles are not to be held in secure detention. Number of violations: 0 Reference: WIC 206 & 207 42 USC 5633 SECTION 223(a)(12) SEPARATION Juveniles may not be confined or detained in any facility in which they have contact with adult prisoners. X Number of violations: 0 Reference: WIC 208 42 USC 5633 SECTION 223(a)(13) JAIL REMOVAL (SIX-HOUR HOLD EXCEPTION) During the previous calendar year, minors are securely X detained for a period not to exceed six hours. Number of violations: 0 Reference: WIC 207.1(d)1(B) TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1142 WRITTEN POLICIES AND PROCEDURES 034.1 X Written policies and procedures concerning minors held in temporary custody address: suicide risk and prevention; X IV. D. use of restraints; X IV. H. emergency medical assistance and services; and, X IV. E. prohibiting use of discipline. IV. C. X 1143 CARE OF MINORS IN TEMPORARY CUSTODY IV. A. X The following are made available to all minors held in temporary custody: access to toilets and washing facilities; one snack upon request during term of temporary custody if the minor has not eaten within the past (4) X hours or is otherwise in need of nourishment; 4615 National City PD City Jail THJ PRO;06/20/2018 - 6 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS access to drinking water; X privacy during consultations with family, guardian, or X lawyer. blankets and clothing, as necessary, to assure the X comfort of the minor; and, his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is X required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 034. IV. N. 2. & 034.1 V. D. ADULT PRISONERS Policies and procedures ensure that there is no physical or X sustained sight or sound contact between juveniles and adults confined in the facility. Reference: WIC 208 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, X side-by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY V. Minors are held in secure custody in a law enforcement facility only if the minor is in custody for an offense X described by WIC § 602, is at least 14 years of age, and presents a serious security risk of harm to self or others. Reference: WIC 207.1 (d) 1 Factors to be considered when determining if the minor V. I. 2. presents a serious security risk to self or others are: age, maturity and delinquent history; severity of offense for which taken into custody; minor’s behavior; availability of X staff to provide adequate supervision or protection of the minor; and, age, type and number of other individuals detained at the facility. 1146 CONDITIONS OF SECURE CUSTODY III. Definitions & V. While in secure custody, a minor may be locked in a room or other secure enclosure, secured to a cuffing rail, or otherwise X reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE V. E. 1. CUSTODY INSIDE A LOCKED ENCLOSURE X Minors must receive adequate supervision which includes: Constant auditory access to staff by the minor; and, documented, safety checks are conducted by staff at V. E. 1. least once every 30 minutes. X Reference: WIC 207.1(d)1(E) 4615 National City PD City Jail THJ PRO;06/20/2018 - 7 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS Males and females are not placed in the same locked IV. E. 4. room unless they are under constant direct visual X observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE IV. H. CUSTODY OUTSIDE OF A LOCKED ENCLOSURE X Minors held in secure custody outside of a locked enclosure are not secured to a stationary object for more than 60 minutes unless no locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor’s safety X while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter is approved by a X supervisor and documented. The decision to secure a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter is X based on the best interests of the minor. 1150 SUPERVISION OF MINORS IN NON- VI. SECURE CUSTODY X Minors held in non-secure custody receive constant direct visual observation by staff of the law enforcement facility. Monitoring a minor using audio, video, or other electronic X devices does not replace direct visual observation. Entry and release times are documented and available for Verified. review. X 1151 MINORS UNDER THE INFLUENCE OF ANY 035. V. INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and X procedures providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance by any substance, to the extent that they are unable to care for themselves. Supervision includes safety checks at least once every 15 minutes until resolution of the intoxicated state, with the X actual time of each personal observation documented. 1047 SERIOUS ILLNESS OR INJURY OF A IV. H. MINOR IN AN ADULT DETENTION FACILITY There are policies and procedures for notifying the court and X the parent, guardian or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death or a minor in custody. 4615 National City PD City Jail THJ PRO;06/20/2018 - 8 - A352 TH PRO eff. 9/2012.dot PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 1/78 Title 24, California Code of Regulations (CCR) BSCC Code: 4615 FACILITY NAME: National City Jail FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1988 FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/20/2018 ARTICLE/SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and X 0600 (Later, less restrictive 1994 standards only require a bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) X External to the security area and equipped with individual compartments, locks and keys Detoxification Cells (WA) (2.4) X Limited to no more than 8 inmates Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) X No safety cells. Contain 48 square feet with one floor dimension at least 6 feet Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables 4615 National City PD City Jail THJ PHY;006/20/2018 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) X For facilities planned or constructed after 8-86 Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) X Available to maintain fire and life safety, security, communications and alarm systems Attorney Interview Space (2.26) X Available 4615 National City PD City Jail THJ PHY;006/20/2018 - 2 - A370 PHY CH-TH 1-78.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS- BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 4615 FACILITY: National City Jail TYPE: THJ RC: 0 FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/20/2018 ROOMS EACH ROOM EACH CELL FIXTURES* Applicable # DIMENSIONS Location Cell Type Total RC Standards Cells (L x W x H) # Beds RC T U W F S 1 Holding 1988 1 (6) (6) 11' x 10' x 12' 1 1 1 Note: 10' bench. 2 Holding 1988 1 (6) (6) 11' x 10' x 12' 1 1 1 Note: 10' bench. 3 Holding 1988 1 (6) (6) 11' x 10' x 12' 1 1 1 Note: 7' bench. 4 Holding 1988 1 (3) (3) 7.3' x 9.6' x 12' 1 1 1 Note: 4'9" bench. 5 Sobering 1988 1 (7) (7) 16' x 9' x 12' 1 1 1 Notes: Sobering cell is not in use. The LASE was adjusted to reflect actual number of cells during the 2006-2008 cycle. 4615 National City PD THJ LASE; 06/20/2018