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

Board of State and Community Corrections · inspection-san-diego-county-oceanside-police-department-2018-2020 · Facility inspection · 2020-12-10 · San Diego County, Oceanside Police Department

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December 10, 2020 Frank McCoy, Chief of Police Oceanside Police Department 3855 Mission Ave Oceanside, CA 92058 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief McCoy: 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. 4616 San Diego Oceanside THJ LTR 18-20 Frank McCoy, 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 youth a held in Jail Cell 1 and 3 out of sight and sound of adult prisoners. Nonsecure youth are held in the officer’s report writing area. 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 Oceanside* City Manager, City of Oceanside* Presiding Judge, Superior Court, County of San Diego * Grand Jury Foreperson, Superior Court, County of San Diego* Nathanael Brazelton, Sergeant, Oceanside Police Department *Copies of the complete reports are available on BSCC website. 4616 San Diego Oceanside THJ LTR 18-20 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: 06/12/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 107 HOLDING FACILITY TRAINING Custodial Personnel responsible for the holding facility shall satisfactorily complete eight hours Custodial personnel who supervise inmates in, and of training. The training shall include, but not supervisors of, a Court Holding or Temporary Holding be limited to: minimum jail standards, jail facility shall complete 8 hours of specialized training. Such operations liability, inmate segregation, training shall include, but not be limited to: emergency procedures and planning, and suicide prevention. (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 Eight hours (8) of refresher training shall be every two years. Successful completion of the requirements completed once every two years. ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL 111 - Supervision of Inmates Monitoring of a prisoner includes intermittent A sufficient number of personnel shall be employed in each line-of-sight checks of the prisoner at intervals local detention facility to ensure the implementation and not to exceed thirty (30) minutes and recorded ☒ ☐ ☐ operation of the programs and activities required by these on an Adult Prisoner Detention Log. regulations. Reviewed numerous documented safety checks. All checks were within the 30-min time limit. 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 San Diego Oceanside THJ 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 111 - Supervision of Inmates least one employee on duty at all times in a local detention The officer who transports a prisoner to the facility or in the building which houses a local detention temporary holding facility is responsible for ☒ ☐ ☐ facility who shall be immediately available and accessible to monitoring that prisoner until custody is passed inmates in the event of an emergency. to the contract prisoner transport or until a supervisor accepts monitoring of the prisoner. 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 111 - Supervision of Inmates 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 a specific facility, the facility administrator shall prepare and 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 111 - Supervision of Inmates 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 The prisoner’s name and the time they were routine safety checks. place in the holding cell shall be written in the ☒ ☐ ☐ appropriate space on the “Holding Cell Status Board” in the Sergeants’ Office by the officer who placed the prisoner in the holding cell. 1028 FIRE AND LIFE SAFETY STAFF Police Officers are responsible for their arrestee while in the facility. 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 Incorporated into POST Title 15 training. person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 4616 San Diego Oceanside THJ 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 the Oceanside Detention 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: (1) Table of organization, including channels of 102 - Definitions and Department Manual ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 106 - Inspections Category 2 inspection. ☒ ☐ ☐ administrator/manager. 110 - Facility Reporting (3) Policy on the use of force. ☒ ☐ ☐ 131 - Use of Force (4) Policy on the use of restraint equipment, including the 131 - Use of Force restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 108 – 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: As a matter of practice this occurs at each safety ☒ ☐ ☐ check. (A) physical counts of inmates, ☒ ☐ ☐ 111 - Supervision of Inmates/Intake Procedures (B) searches of the facility and inmates, 111 - Intake Procedures ☒ ☐ ☐ 112 - Searches (C) contraband control, and, ☒ ☐ ☐ 111 - Supervision of Inmates/Intake Procedures (D) key control. ☒ ☐ ☐ 114 - 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: 121 - Emergency Procedures (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 116 – Escapes 121 - Emergency Procedures (C) mass arrests; ☒ ☐ ☐ 121 - Emergency Procedures (D) natural disasters; ☒ ☐ ☐ 121 - Emergency Procedures (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 121 - Emergency Procedures (F) storage, issue, and use of weapons, ammunition, This occurs during monthly inspections. ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 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 San Diego Oceanside THJ PRO 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (9) Segregation of Inmates. ☒ ☐ ☐ 114 - Security and Control (10) Zero tolerance in the prevention of sexual abuse and ☒ ☐ ☐ 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, Inmates can report to any staff member and a pen Type I, II, III, and IV facilities shall provide for, but not be and paper can be provided if they prefer to write limited to, the following: out a report. (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, Uninvolved parties can report to any staff community members, and other interested third-parties member by reporting to any staff member, the to report sexual abuse or sexual harassment. The ☒ ☐ ☐ PD website and in written form. method for reporting shall be publicly posted at the facility. In the process of being posted. 1030 SUICIDE PREVENTION PROGRAM 120 Suicide Prevention Prisoners who have visible scars on their wrists The facility shall have a comprehensive written suicide or neck indicating prior suicide attempts, and the prevention program developed by the facility administrator, prisoners state his/her intentions of suicide in conjunction with the health authority and mental health should not be housed at our facility will be director, to identify, monitor, and provide treatment to those transported to the appropriate facility as soon as inmates who present a suicide risk. The program shall possible and in any event shall be placed under include the following: ☐ ☐ ☒ constant observation. Upon transfer, the custodial or transporting officer will inform the receiving custodian of the risk assessment. This fact shall be documented in the incident report. The remainder of section is deleted. 1032 FIRE SUPPRESSION PREPLANNING 132 - 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 The Field Operations Support Sergeant shall monthly basis with two-year retention of the inspection conduct monthly fire prevention inspections of record; the temporary holding facility utilizing the ☒ ☐ ☐ “Detention Facility Fire and Life Safety” form. The completed forms shall be maintained in the Field Operations Support Office for two years. (c) fire prevention inspections as required by Health and Conducted 6/4/2020. Fire clearance granted Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; 4616 San Diego Oceanside THJ PRO 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 109 - Incident Reports All incidents occurring in the temporary holding Each facility administrator shall develop written policies and facility that result in physical harm, or serious procedures for the maintenance of written records and ☒ ☐ ☐ threat of physical harm to an employee, prisoner, reporting of all incidents which result in physical harm, or or other person shall be documented. 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 If the injury or complaint of pain requires to investigate the incident and submitted to the facility medical attention or first aid, it must be reported manager or his/her designee. ☒ ☐ ☐ to a supervisor. A copy of the report documenting the incident shall be submitted to the Field Operations Support at the end of shift. 1046 DEATH IN CUSTODY 129 - Deaths in Custody There shall be a medical review of every death (a) Death in Custody Reviews for Adults and Minors. in custody. In addition, the investigations division shall be notified and a formal death The facility administrator, in cooperation with the health investigation will be conducted. The facility administrator, shall develop written policy and procedures administrator and Manager shall be advised and to ensure that there is an initial review of every in-custody may request independent investigation by the death within 30 days. The review team shall include the ☒ ☐ ☐ San Diego County Sheriff and/or District facility administrator and/or the facility manager, the health Attorney. The review team includes the facility administrator, the responsible physician and other health administrator and /or manager; the health care and supervision staff who are relevant to the incident. administrator; the responsible physician; and other health care and supervision staff who are relevant to the incident. The Chief of Police shall notify the State Attorney General, in writing, within ten (10) days of 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 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 In any case in which a minor dies while detained Board a copy of the report submitted to the Attorney in a jail, lockup, or court holding facility: (1) the General under Government Code Section 12525. A copy administrator of the facility shall provide to the of the report shall be submitted within 10 calendar days Corrections Standards Authority a copy of the ☒ ☐ ☐ after the death. report submitted to the Attorney General under Government Code Section 12525. A copy of the report shall be submitted to the Board within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the Upon receipt of a report of death of a minor from administrator, the Board may within 30 calendar days the administrator, the Board may within 30 inspect and evaluate the jail, lockup, or court holding calendar days inspect and evaluate the jail, facility pursuant to the provisions of this subchapter. Any ☒ ☐ ☐ lockup, or court holding facility pursuant to the inquiry made by the Board shall be limited to the provisions of this subchapter. Any inquiry made standards and requirements set forth in these regulations. by the Board shall be limited to the standards and requirements set forth in these regulations. 4616 San Diego Oceanside THJ 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 117 - Segregation and Classification The arresting officer shall note on the booking (a) Each administrator of a temporary holding, Type I, II, or slip any classifications or segregation made III facility shall develop and implement a written while in the holding facility and the reason(s) classification plan designed to properly assign inmates to why such classification or segregation was housing units and activities according to the categories of sex, necessary. 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. 1051 COMMUNICABLE DISEASES 111 - Intake Procedures 119 - Communicable Diseases The facility administrator, in cooperation with the Non-detainable. 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 111- Intake Procedures Non-detainable 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. 4616 San Diego Oceanside THJ PRO 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary to protect the safety of ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 117 - Segregation and Classification 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. 1055 USE OF SAFETY CELL 111 – Intake Procedures 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 display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL 111 - Intake Procedures No sobering cells. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ The remainder of the text of this regulation has threat to their own safety or the safety of others due to their been deleted. state of intoxication and pursuant to written policies and procedures developed by the facility administrator. 1057 DEVELOPMENTALLY DISABLED 111 – Intake procedures INMATES Non-detainable. 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 111 – Intake procedures Restraints are not used in the facility. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ The remainder of section is deleted. procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. 4616 San Diego Oceanside THJ PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT INMATES 111 – Intake Procedures Pregnant inmates are non-detainable. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Remainder of section is 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 123 - Access to Telephone all adult arrestees have the right to three (3) The facility administrator shall develop written policies and completed phone calls immediately upon being ☒ ☐ ☐ procedures which allow reasonable access to a telephone booked and unless impossible, within three (3) beyond those telephone calls which are required by Section hours after being arrested 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL 124 - Right to Counsel Oceanside Detention Center is temporary in The facility administrator shall develop written policies and ☒ ☐ ☐ nature, provisions for attorney/client visits have procedures to ensure inmates have access to the court and to not been provided. Inmates requesting attorneys legal counsel. Such access shall consist of: should be transported to the county jail without delay in order to accommodate their request. (a) unlimited mail as provided in Section 1063 of these ☐ ☐ ☒ regulations, and, (b) confidential consultation with attorneys. For those occasions when an attorney is authorized by a supervisor to consult with a ☒ ☐ ☐ client detained in our temporary holding facility, Interview Room #1 should be utilized, as this room is able to be secured. 1080 RULES AND DISCIPLINARY PENALTIES 117 Wherever discipline is administered, each facility ☐ ☐ ☒ Discipline is not administered in the facility. administrator shall establish written rules and disciplinary penalties to guide inmate conduct. 4616 San Diego Oceanside THJ PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? 118 Juvenile Procedures Secure youth are held in in Juvenile cells 1 and 3 sight The Juvenile Justice and Delinquency Prevention Act and sound separated from adults. (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? 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. 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 118 Juvenile Procedures. MINOR IN AN ADULT DETENTION 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 118 – Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ Youth procedures are located in 118 procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; ☒ ☐ ☐ (b) use of restraints; ☒ ☐ ☐ (c) emergency medical assistance and services; and, ☒ ☐ ☐ (d) prohibiting use of discipline. ☒ ☐ ☐ 4616 San Diego Oceanside THJ 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 1143 CARE OF MINORS IN TEMPORARY 118 – Juveniles CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ (2) one snack upon request during term of temporary 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, ☒ ☐ ☐ (4) privacy during consultation with family, guardian, ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 118 – Juveniles 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 118 – Juveniles 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 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; 4616 San Diego Oceanside THJ 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 (b) severity of the offense(s) for which the minor was ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY 118 – Juveniles 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. 1147 SUPERVISION OF MINORS IN SECURE 118 – Juveniles 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; ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the minor by staff of the law enforcement facility, at ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 118 – Juveniles 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 118 – Juveniles longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 4616 San Diego Oceanside THJ 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 1149 CRITERIA FOR NON-SECURE 118 – Juveniles CUSTODY 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- 118 – Juveniles SECURE CUSTODY 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. 1151 MINORS UNDER THE INFLUENCE OF 118 – Juveniles ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that 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. 4616 San Diego Oceanside THJ PRO 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot