San Diego County, Oceanside Police Depart City Jail (2016-2018 inspection cycle)

October 16, 2018 Frank McCoy, Chief of Police Oceanside Police Department 3855 Mission Ave. Oceanside, CA 92058-1882 2016 – 2018 BIENNIAL INSPECTION 6031 PC & 209 WIC Dear Chief McCoy: On June 19, 2018, the Board of State and Community Corrections (BSCC) conducted the biennial inspection of the Oceanside City Jail for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuant to the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the secure detention of minors for both the Administrative Station and the Investigations Unit. The inspection consisted of a desk audit of applicable policies and procedures governing the operation of the facility1, an on-site review of documentation to verify that your practices follow your written procedures, and a walk-through of the physical plant. Sergeant Nathanael Brazelton was present during the inspection and assisted by answering questions and clarifying procedural issues. His involvement in the inspection process was extremely valuable. The professionalism and courtesy extended during the process was appreciated. The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Procedures Checklist outlining applicable Title 15 sections; the Physical Plant Evaluation outlining Title 24 requirements for design;2 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 conjunction with the reports from the County Health Officer and Oceanside City Fire Department for a comprehensive perspective of your facility. Fire Inspection: A fire/life safety inspection was conducted on January 11, 2017 by the Oceanside City Fire Department. Fire clearance was granted. 1 BSCC does not review all of your policies and procedures. We only review those policies related specifically to the applicable regulations included in Title 15, Minimum Standards for Local Detention Facilities for issues of non-compliance. We do not “approve” your policies nor do we review them for constitutional or legal issues. We recommend agencies seek policy review through their legal advisor, risk manager, and other persons deemed appropriate. 2 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel to the jail area. 4616 Oceanside PD City Jail THJ; TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4616 FACILITY NAME: Oceanside Police Department City Jail FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sergeant Nathanael Brazelton FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/19/2018 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1024 COURT HOLDING AND TEMPORARY 107 - Training HOLDING FACILITY TRAINING This finding was a result of a review of training records. 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 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 111 - Supervision of Inmates hourly safety checks. Monitoring of a prisoner includes intermittent line-of-sight checks of the prisoner at intervals not to exceed thirty (30) minutes and recorded X on an Adult Prisoner Detention Log. Reviewed numerous documented safety checks. All checks were within the 30-min time limited. There is at least one employee on duty at all times, who shall be immediately available and accessible with the X ability to respond to any inmate in the event of an emergency. 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. 4616 Oceanside PD City Jail THJ PRO; 06/19/2018 - 1 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Whenever one or more female inmates are in custody, there 111 - Supervision of Inmates is at least one female employee immediately available and A female police officer is always on duty and X accessible. would be called in to remain in the facility in Note: Reference PC § 4021. this event. A staffing plan is available which indicates personnel Police Officers are responsible for their arrestee assigned and their duties. X while in the facility. 1028 1028 FIRE AND LIFE SAFETY STAFF Incorporated into POST Title 15 training. 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 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 the There is a published manual of policies and procedures for X the facility that addresses applicable regulations and includes: Table of organization, including channels of 102 - Definitions and Department Manual X communications; Inspections and operations reviews by the facility 106 - Inspections Category 2 inspection. X administrator/manager; 110 - Facility Reporting Use of force; X 131 - Use of Force Use of restraint equipment, including the restraint of 131 - Use of Force pregnant inmates; X Note: Reference PC § 6030(f); Screening newly received inmates for release 108 – Holding Facility X Note: Reference PC § 849(b)(2) and 853.6 Security and control, including: As a matter of practice this occurs at each X Physical counts of inmates; safety check. Searches of the facility; X 111 - Supervision of Inmates/Intake Procedures Searches of inmates; 111 - Intake Procedures X 112 - Searches Contraband control; and, X 111 - Supervision of Inmates/Intake Procedures Key control. X 114 - Security and Control At least annually, the facility administrator reviews, In practice this is on-going through inspection evaluates and documents internal and external security X processes. measures. Emergency procedures, including: X 121 - Emergency Procedures Escape; X 116 - Escapes Disturbances; X 121 - Emergency Procedures Taking of hostages; X 121 - Emergency Procedures Civil disturbance; X 121 - Emergency Procedures Natural disasters; X 121 - Emergency Procedures Periodic testing of emergency equipment; X This occurs during monthly inspections. Storage, issue and use of weapons, ammunition, 114 - Security and Control X chemical agents; and, Storage, issue and use of security devices. X Suicide prevention; and, X 120 - Suicide Prevention 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4616 Oceanside PD City Jail THJ PRO; 06/19/2018 - 2 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Segregation of inmates. X 117 - Segregation and Classification The manual is available to all employees. A hard copy is located in the jail office and it is X available electronically. The manual is comprehensively reviewed and updated at least every two years. X 1032 FIRE SUPPRESSION PREPLANNING 132 - Fire Inspections/Suppression Preplan 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 Forms were available for review. X with a two-year retention of the inspection record; Fire prevention inspections at least once every two Conducted 1/29/2017 Fire clearance granted years; X Note: Reference Health and Safety Code Section 13146.1(a) and (b); An evacuation plan; and, X A plan for the emergency housing of inmates in the A San Diego County Jail would be used in this event of a fire. X event. 1044 INCIDENT REPORTS 109 - Incident Reports 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 129 - Deaths in Custody 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 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 117 - Segregation and Classification 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. 4616 Oceanside PD City Jail THJ PRO; 06/19/2018 - 3 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Includes maintenance of a record of each inmate's Cell assignments are noted on the safety check classification level, housing restrictions and housing log. X assignments. 1051 COMMUNICABLE DISEASES 111 - Intake Procedures 119 - Communicable Diseases There are written policies and procedures specifying those X These arrestees are not confined at this facility. 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 111 - Intake Procedures had any communicable diseases, or has observable symptoms of communicable diseases, including but not X 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. X 1052 MENTALLY DISORDERED INMATES 111- Intake Procedures These arrestees are not confined at this facility. There are written policies and procedures for the X 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 117 - Segregation and Classification 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 111 - Intake Procedures No safety cell. Arrestees requiring the The safety cell, specified in Title 24, Part 2, Section 1231 protective confinement of a safety cell are not 2.5, is used only to hold inmates who display behavior that X confined at this facility. results in the destruction of property or reveals an intent to cause physical harm to self or others. The remainder of the text of this regulation has been deleted. 1056 USE OF SOBERING CELL No sobering cell. The sobering cell, specified in Title 24, Part 2, Section The remainder of the text of this regulation has 1231 2.4 is used only for holding inmates who are a threat X been deleted. to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures. 4616 Oceanside PD City Jail THJ PRO; 06/19/2018 - 4 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1057 DEVELOPMENTALLY DISABLED 111 - Intake Procedures INMATES These arrestees are not confined at this facility. X There are written procedures for identification and evaluation of all developmentally disabled inmates. A contact to the regional center occurs within 24 hours when an inmate is suspected or confirmed to be X developmentally disabled. 1058 USE OF RESTRAINT DEVICES 111 - Intake Procedures Arrestees requiring safety restraint are not There are written polices and procedures for the use of confined at this facility. restraint devices that include: 103-103.6 Use of Restraint Chair policy for X blood draws is currently under review. The remainder of the text of this regulation has been deleted. 1067 ACCESS TO TELEPHONE 123 - Access to Telephone 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 124 - Right to Counsel There are written policies and procedures that ensure the X inmate's right to confidential consultation with attorneys. 1081 PLAN FOR INMATE DISCIPLINE (WA) 117 There are written policies and procedures for inmate Discipline is not administered in the facility. 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.) 4616 Oceanside PD City Jail THJ PRO; 06/19/2018 - 5 - A352 TH PRO eff. 9/2012.dot DETENTION OF MINORS YES NO N/A Are minors held in this facility? Two holding cells are available for minors within the secure perimeter of the holding area If YES, then the core requirements of the Juvenile Justice but sight and sound separated from adults. and Delinquency Prevention Act (JJDPA) and the X provisions of Title 15, Article 9, Minors in Detention in a A separate building contains the Investigations Law Enforcement Facility apply and will be inspected for. Unit with the same address as the THF also has lockable rooms for the non-secure detention of minors. 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 118 – Juveniles X Written policies and procedures concerning minors held in Youth procedures are located in 118. temporary custody address: suicide risk and prevention; X use of restraints; X emergency medical assistance and services; and, X prohibiting use of discipline. X 1143 CARE OF MINORS IN TEMPORARY CUSTODY X The following are made available to all minors held in temporary custody: access to toilets and washing facilities; 4616 Oceanside PD City Jail THJ PRO; 06/19/2018 - 6 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 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; 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 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 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 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 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 CUSTODY INSIDE A LOCKED ENCLOSURE X Minors must receive adequate supervision which includes: Constant auditory access to staff by the minor; and, 4616 Oceanside PD City Jail THJ PRO; 06/19/2018 - 7 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS documented, safety checks are conducted by staff at least once every 30 minutes. X Reference: WIC 207.1(d)1(E) Males and females are not placed in the same locked room unless they are under constant direct visual X observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 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- 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 review. X 1151 MINORS UNDER THE INFLUENCE OF ANY 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. 4616 Oceanside PD City Jail THJ PRO; 06/19/2018 - 8 - A352 TH PRO eff. 9/2012.dot TITLE 15 SECTION YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 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. 4616 Oceanside PD City Jail THJ PRO; 06/19/2018 - 9 - 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: 4616 FACILITY NAME: Oceanside Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1998 FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/19/2018 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 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) External to the security area and equipped with individual compartments, locks and keys Detoxification Cells (WA) (2.4) No sobering cells. X Limited to no more than 8 inmates Safety Cells (WA) (2.5) No safety cells. X 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 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 4616 Oceanside PD THJ PHY.doc; 06/19/2018 - 1 - A370 PHY CH-TH 1-78.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 4616 Oceanside PD THJ PHY.doc; 06/19/2018 - 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: 4616 FACILITY: Oceanside Police Department TYPE: THJ RC: 0 FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/19/2018 ROOMS EACH ROOM EACH CELL FIXTURES* Cell Applicable # DIMENSIONS (L Location Total RC Type Standards Cells x W x H) # Beds RC T U W F S Juv 1 Hold 1998 1 0 (5) (5) 11' x 8' x 10' 1 1 1 Note: 14' bench. Juv 2 Hold 1998 1 0 (11) (11) 14' x 8.5' x 10' 1 1 1 Note: 17' bench. Adult 1 Hold 1998 1 0 (4) (4) 7' x 10' x 10' 1 1 1 Note: 7' bench, 2 sq ft chase. Adult 2 Hold 1998 1 0 (4) (4) 7' x 10' x 10' 1 1 1 Note: 7' bench, 2 sq ft chase. Adult 3 Hold 1998 1 0 (3) (3) 8.75' x 10' x 10' 1 1 1 Note: 5' bench, 4 sq ft chase. #3 is padded but does not meet the standard for either safety or sobering cell. It does comply with holding cell standards. Booking N/A N/A 1 0 0 7.5' x 7' x 10' 0 0 0 Enclosure Note: 5' bench. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 4616 Oceanside PD City Jail THJ LAS; 06/19/2018 - 1 - A360 LAS Adult.dot (9/98)