San Joaquin County, Tracy Police Department (2018-2020 inspection cycle)

July 19, 2020 Sekou Millington, Chief of Police City of Tracy Police Department 1000 Civic Center Drive Tracy, CA 95376 2018-2020 BIENNIAL INSPECTION; PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Millington: On July 17, 2020, staff of the California Board of State and Community Corrections (BSCC) conducted the 2018-2020 biennial inspection of the Tracy City Jail pursuant to Penal Code Section 6031 and Welfare and Institutions Code (WIC) Section 209. Due to COVID-19 and the statewide travel ban, the jail was inspected virtually via a desk audit for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requirements for holding minors. The inspection consisted of a review of applicable policies and procedures governing the operation of the facility, and a review of documentation to verify that your practices follow your written procedures. 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; and, • The Living Area Space Evaluation that summarizes the detention facility’s physical plant configuration. The Physical Plant Checklist and Living Area Space Evaluation from your last onsite inspection are being attached for your reference and will be updated during your next onsite inspection. We encourage continuing 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. 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 these reports for a comprehensive perspective of your facility. 4780 San Joaquin Tracy TH LTR 18-20 Chief Millington Page 2 FIRE INSPECTION By regulation, a fire inspection is required every two years. The most recent fire inspection occurred 10/16/2018 and is current. HEALTH INSPECTIONS Health Department inspections for the facility occurred as follows: Environmental Medical /Mental Facility Nutritional Health Health Tracy City Jail Facility 10/21/2018 10/21/2019 N/A BSCC INSPECTION PHYSICAL PLANT The Tracy Police Department holding facility was opened in 1996 and is evaluated under the 1994 Title 24 standards.1 The facility consists of three holding cells. Confirmation that there have been no changes will be verified during your next onsite inspection. Minors in secure detention are detained in a locked interview room with sight and sound separation from adult detainees. Minors in non-secure detention would be held in a report writing room with sight and sound separation from adult detainees. POLICY REVIEW BSCC reviewed the relevant sections of agency policy against regulation to ensure that each subject required by regulation was addressed in policy. The published policy is reviewed annually and reprinted when needed. The most recent policy revision occurred in June of 2019. Regarding policy, no issues of non-compliance were noted. PROCEDURES REVIEW BSCC continued its inspection by evaluating procedures at the facility and reconciling them against regulation. Those evaluations typically include an in-depth review of documentation related to jail operations including security logs, shift schedules, local inspection results, classification documents, incident reports and other records which give insight to the facility’s operations. BSCC verified that policies and practices are consistent with regulations via a desk audit documentation review. 1 Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel. 4780 San Joaquin Tracy TH LTR 18-20 Chief Millington Page 3 Arrestees are supervised by the arresting officer while in the facility. Staff that supervise arrestees are required to attend eight hours of initial and biennial refresher training to safely evaluate and oversee arrestees in the jail environment. There were no areas of noncompliance noted in the agency policy and procedures. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT COMPLIANCE MONITORING 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). All logs were reviewed and found complete and comprehensive. CORRECTIVE ACTION No areas of non-compliance were noted, and no corrective action required. This concludes our inspection report for the 2018-2020 inspection cycle. We would like to thank you and your staff for the courtesy extended during this inspection. If you have any questions, or concerns, please contact me directly at (916) 322-8081, or Kim.Moule@bscc.ca.gov. Sincerely, KIMBERLY MOULE, CJM Field Representative Facility Standards and Operations Division Enclosures cc: Chair, City Council, City of Tracy* City Manager, City of Tracy* Presiding Judge, Superior Court, County of San Joaquin* Grand Jury Foreperson, Superior Court, County of San Joaquin* *Complete copies of this inspection are available upon request and at www.bscc.ca.gov 4780 San Joaquin Tracy TH LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4780 FACILITY NAME: Tracy Police Department FACILITY TYPE: TH PERSON(S) INTERVIEWED: FIELD REPRESENTATIVE: Kimberly Moule DATE: July 17, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.12 TRAINING Department members HOLDING FACILITY TRAINING should be trained and familiar with this policy and any supplemental procedures. Custodial personnel who supervise inmates in, and Department members responsible for supervisors of, a Court Holding or Temporary Holding supervising adults in temporary custody shall facility shall complete 8 hours of specialized training. Such complete the Corrections Officer Core Course training shall include, but not be limited to: or eight hours of specialized training within six months of assignment. (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ All staff are trained. (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 900.1.1 every two years. Successful completion of the requirements Eight hours of refresher training shall be in Section 1025, Continuing Professional Training may be completed once every two years (15 CCR ☒ ☐ ☐ substituted for the eight hour refresher. 1024). The Training Sergeant shall maintain records of all such training in the member’s training file. 1027 NUMBER OF PERSONNEL Arresting officer stays with the prisoner until transported to the County Jail or cited and released. 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. 4780 San Joaquin Tracy 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 TEMPROARY CUSTODY OF ADULTS least one employee on duty at all times in a local detention This policy provides guidelines to address the facility or in the building which houses a local detention health and safety of adults taken into temporary facility who shall be immediately available and accessible to custody by members of the Tracy Police inmates in the event of an emergency. Department for processing prior to being released or transferred to a housing or other ☒ ☐ ☐ type of facility. 900.3.2 SUPERVISION IN TEMPORARY CUSTODY An authorized department member capable of supervising shall be present at all times when an individual is held in temporary custody. 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 900.3.2 SUPERVISION IN TEMPORARY shall be at least one female employee who shall be CUSTODY immediately available and accessible to such females. At least one female department member should Note: Reference PC§ 4021. 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 pursuant to another lawful process. 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 The Chief of Police or the authorized designee retain a staffing plan indicating the personnel assigned in the shall ensure a staffing plan is prepared and facility and their duties. Such a staffing plan shall be maintained, indicating assigned personnel and ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial their duties 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 SAFETY, HEALTH AND OTHER PROVISIONS Safety checks shall be conducted at least hourly through 900.5.1 TEMPORARY CUSTODY LOGS direct visual observation of all inmates. There shall be no ☒ ☐ ☐ Any time an individual is in temporary custody more than a 60-minute lapse between safety checks. at the Tracy Police Department, the custody shall be promptly and properly documented in a custody log. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.12 TRAINING Department members should be trained and familiar with this policy and any supplemental procedures. Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training (d) Emergency procedures and planning, fire standards established by the BSCC for general fire and life safety, and life safety safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one All staff are trained in fire and life safety. person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 4780 San Joaquin Tracy 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 2 204 General Order General Orders establish an interdepartmental Facility administrator(s) shall develop and publish a manual communication that may be used by the Chief of policy and procedures for the facility. The policy and of Police to make immediate changes to policy procedures manual shall address all applicable Title 15 and and procedure consistent with the current Title 24 regulations and shall be comprehensively reviewed Memorandum of Understanding and as and updated at least every two years. Such a manual shall be permitted by Government Code § 3500 et seq. made available to all employees. ☒ ☐ ☐ 204.2.2 CHIEF OF POLICE The policies and procedures required in subsections (a)(6) The Chief of Police shall issue all Departmental and (a)(7) may be placed in a separate manual to ensure Directives. 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 Reviewed ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 908.8 Holding Cell and Hard Interview Rooms ☒ ☐ ☐ administrator/manager. Inspections (3) Policy on the use of force. 466.7 USE OF FORCE Use of force is governed by current department policy and applicable law (see the Use of Force, ☒ ☐ ☐ Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies). (4) Policy on the use of restraint equipment, including the 306.3 USE OF RESTRAINTS restraint of pregnant inmates as referenced in Penal Code Only members who have successfully Section 3407. completed Tracy Police Department-approved training on the use of restraint devices described in this policy are authorized to use these devices. 306.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. Leg irons, waist ☒ ☐ ☐ chains, or handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property. No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). (5) Procedure and criteria for screening newly received This occurs at the jail. 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. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4780 San Joaquin Tracy 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 (6) Security and control including: ☒ ☐ ☐ Verified (A) physical counts of inmates, Detainees are not left unattended in a holding ☐ ☐ ☒ cell or interview room. (B) searches of the facility and inmates, 322 Search and Seizure It is the policy of the Tracy Police Department to respect the fundamental privacy rights of ☒ ☐ ☐ individuals. Members of this department will conduct searches in strict observance of the constitutional rights of persons being searched (C) contraband control, and, 900.8 HOLDING CELLS & HARD INTERVIEW ROOMS A thorough inspection of the holding cell or hard interview room shall be conducted before ☒ ☐ ☐ placing an individual into the cell and/or interview room to ensure there are no weapons or contraband and that the cell and/or interview room is clean and sanitary. (D) key control. 900.11 ASSIGNED ADMINISTRATOR the Operation Commander will ensure any ☒ ☐ ☐ reasonably necessary supplemental procedures are in place to address the following issues (b) Key control Each facility administrator shall, at least annually, review, 206.4 UPDATING OF MANUALS evaluate, and make a record of security measures. The review The Chief of Police or designee shall review the and evaluation shall include internal and external security Emergency Management Plan Manual at least measures of the facility including security measures specific once every two years to ensure that the manual to prevention of sexual abuse and sexual harassment. ☒ ☐ ☐ conforms to any revisions made by the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS) and should appropriately address any needed revisions. 4780 San Joaquin Tracy 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 (7) Emergency procedures include: 900.11 ASSIGNED ADMINISTRATOR (A) fire suppression preplan as required by section The Operation Commander will ensure any 1032 of these regulations; reasonably necessary supplemental procedures are in place to address the following issues (15 CCR 1029): (a) General security (b) Key control (c) Sanitation and maintenance (d) Emergency medical treatment (15 CCR 1200) (e) Escapes (f) Evacuation plans (g) Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR 1032 ☒ ☐ ☐ (h) Disaster plans (i) Building and safety code compliance (j) Civil and other disturbances including hostage situations (k) Periodic testing of emergency equipment (l) Emergency suspension of Title 15 regulations and notice to the Board of State and Community Corrections as required in 15 CCR 1012 (m) Inspections and operations reviews (n) Any other applicable requirements under 15 CCR 1029 Annual review and evaluation of security measures including internal and external security measures, sanitation, safety and maintenance (15 CCR 1280). (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ (C) mass arrests; ☒ ☐ ☐ (D) natural disasters; ☒ ☐ ☐ (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ (F) storage, issue, and use of weapons, ammunition, ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ (9) Segregation of Inmates. ☒ ☐ ☐ (10) Zero tolerance in the prevention of sexual abuse and Prison Rape Elimination Act sexual harassment. 904.2 POLICY The Tracy Police Department has zero tolerance toward all forms of sexual abuse and sexual harassment (28 CFR 115.111). The Department will not tolerate retaliation against any person who reports sexual abuse or sexual harassment ☒ ☐ ☐ or who cooperates with a sexual abuse or sexual harassment investigation. The Tracy Police Department will take immediate action to protect detainees and prisoners who are reasonably believed to be subject to a substantial risk of imminent sexual abuse (28 CFR 115.162; 15 CCR 1029). 4780 San Joaquin Tracy 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 (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 900.4.1 SCREENING AND PLACEMENT The officer responsible for an individual in custody shall (15 CCR 1050): The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, (a) Complete the Medical Screening Form. ☐ ☐ ☒ in conjunction with the health authority and mental health Advise the Watch Commander of any director, to identify, monitor, and provide treatment to those significant risks presented by the individual inmates who present a suicide risk. The program shall (e.g., suicide risk, health risk, violence). include the following: All staff are trained in suicide prevention. (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 The Operation Commander will ensure any Pursuant to Penal Code Section 6031.1(b), the facility reasonably necessary supplemental procedures administrator shall consult with the local fire department are in place to address the following issues (15 ☐ ☐ ☐ having jurisdiction over the facility, with the State Fire CCR 1029): Marshal, or both, in developing a plan for fire suppression (g) Fire- and life-safety, including a fire which shall include, but not be limited to: suppression pre-plan as required by 15 CCR 1032 (a) a fire suppression pre-plan developed with the local fire Confirmed 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 Confirmed monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; 4780 San Joaquin Tracy 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 (c) fire prevention inspections as required by Health and Completed Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ (e) a plan for the emergency housing of inmates in the case of ☒ ☐ ☐ fire. 1044 INCIDENT REPORTS 344.1.1 REPORT PREPARATION Employees should ensure that reports are Each facility administrator shall develop written policies and sufficiently detailed for their purpose and free procedures for the maintenance of written records and from errors prior to submission. It is the reporting of all incidents which result in physical harm, or responsibility of the assigned employee to serious threat of physical harm, to an employee or inmate of ☐ ☐ ☐ complete and submit all reports taken during a detention facility or other person. the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held. 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 to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 1046 DEATH IN CUSTODY 900.9 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY (a) Death in Custody Reviews for Adults and Minors. The Operation Commander Division Commander will ensure procedures are in place The facility administrator, in cooperation with the health to address any suicide attempt, death or serious administrator, shall develop written policy and procedures injury of any individual in temporary custody at to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the ☐ ☐ ☐ the Tracy Police Department. The procedures should include the following: facility administrator and/or the facility manager, the health administrator, the responsible physician and other health (h) In-custody death reviews (15 CCR 1046) care and supervision staff who are relevant to the incident. (i) Notification to the Attorney General within 10 days of any death in custody including any reasonably known facts concerning the death (Government Code § 12525) 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 900.9 SUICIDE ATTEMPT, DEATH, OR In any case in which a minor dies while detained in a jail, SERIOUS INJURY lockup, or court holding facility: The Operation Commander Division Commander will ensure procedures are in place to address any suicide attempt, death or serious injury of any individual in temporary custody at ☒ ☐ ☐ the Tracy Police Department. The procedures should include the following: (h) In-custody death reviews (15 CCR 1046) (i) Notification to the Attorney General within 10 days of any death in custody including any reasonably known facts concerning the death (Government Code § 12525) 4780 San Joaquin Tracy 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 (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.4.1 SCREENING AND PLACEMENT The officer responsible for an individual in custody shall (15 CCR 1050): (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written (a) Complete the Medical Screening Form. classification plan designed to properly assign inmates to Advise the Watch Commander of any housing units and activities according to the categories of sex, significant risks presented by the individual age, criminal sophistication, seriousness of crime charged, (e.g., suicide risk, health risk, violence). physical or mental health needs, assaultive/non-assaultive Thorough Classification and housing screening behavior, risk of being sexually abused, or sexually harassed occurs at the jail. 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 for male or female inmates, and in making other housing and 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 Individuals who exhibit certain behaviors or responsible physician, shall develop written policies and conditions should not be in temporary custody procedures specifying those symptoms that require at the Tracy Police Department, but should be segregation of an inmate until a medical evaluation is transported to a jail facility, a medical facility, completed. or another type of facility as appropriate. These ☒ ☐ ☐ include: (h) Any individual who claims to have, is known to be afflicted with, or displays symptoms of any communicable disease that poses an unreasonable exposure risk (15 CCR 1051). 4780 San Joaquin Tracy 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 At the time of intake into the facility, an inquiry shall be Policy 900.3 GENERAL CRITERIA made of the person being booked as to whether or not he/she Policy 900.3.1 INDIVIDUALS WHO SHOULD has or has had any communicable diseases, such as NOT BE N TEMPORARY CUSTODY tuberculosis or has observable symptoms of tuberculosis or These policies are comprehensively written; any other communicable diseases, or other special medical however, they are absent the requirement to list problem identified by the health authority. The response ☐ ☒ ☐ observable symptoms of communicable shall be noted on the booking form and/or screening device. diseases. Once the policy is updated, the agency will be compliant with this regulation. 1052 MENTALLY DISORDERED INMATES 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY Individuals who exhibit certain behaviors or The facility administrator, in cooperation with the conditions should not be in temporary custody responsible physician, shall develop written policies and at the Tracy Police Department, but should be procedures to identify and evaluate all mentally disordered ☒ ☐ ☐ transported to a jail facility, a medical facility, inmates, and may include telehealth. or another type of facility as appropriate. These include: (j) Any individual who is obviously developmentally disabled (15 CCR 1057). 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 A mentally disordered inmate would not be held. ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.12 TRAINING Department members should be trained and Except in Type IV facilities, each facility administrator shall familiar with this policy and any supplemental develop written policies and procedures which provide for procedures. the administrative segregation of inmates who are (c) Inmate segregation determined to be prone to: promote activity or behavior that Holding cells would be utilized for the is criminal in nature or disruptive to facility operations; segregation of detainees. 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. 4780 San Joaquin Tracy TH PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1055 USE OF SAFETY CELL There is no safety cell in this facility. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL There is no sobering cell in this facility. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☐ ☐ ☒ threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. ☐ ☐ ☒ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☐ ☐ ☒ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ 4780 San Joaquin Tracy TH PRO 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. ☐ ☐ ☒ Such observation shall be documented. 1057 DEVELOPMENTALLY DISABLED 900.3.1 INDIVIDUALS WHO SHOULD INMATES NOT BE IN TEMPORARY CUSTODY Individuals who exhibit certain behaviors or conditions should not be in temporary custody The facility administrator, in cooperation with the at the Tracy Police Department, but should be responsible physician, shall develop written policies and ☒ ☐ ☐ transported to a jail facility, a medical facility, procedures for the identification and evaluation, appropriate or another type of facility as appropriate. These classification and housing, protection, and include: nondiscrimination of all developmentally disabled inmates. (j) Any individual who is obviously developmentally disabled (15 CCR 1057). 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 306.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain a person who may, after brief The facility administrator, in cooperation with the investigation, be released without arrest. Unless responsible physician, shall develop written policies and arrested, the use of restraints on detainees procedures for the use of restraint devices and may delegate should continue only for as long as is authority to place an inmate in restraints to a responsible reasonably necessary to ensure the safety of health care staff. ☒ ☐ ☐ officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. Mechanical restraints are the only type of restraint utilized in this facility. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. 4780 San Joaquin Tracy TH PRO 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES 306.3.2 RESTRAINT OF PREGNANT PERSONS The facility administrator, in cooperation with the Persons who are known to be pregnant should responsible physician, shall develop written policies and be restrained in the least restrictive manner that procedures for the use of restraint devices on pregnant is effective for officer safety. Leg irons, waist inmates. In accordance with Penal Code 3407 the policy chains, or handcuffs behind the body should not shall include reference to the following: be used unless the officer has a reasonable suspicion that the person may resist, attempt ☒ ☐ ☐ escape, injure self or others, or damage property. No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). (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. 4780 San Joaquin Tracy TH PRO 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1067 ACCESS TO TELEPHONE The facility administrator shall develop written policies and ☐ ☐ ☒ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL Miranda 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 Mail is not processed in this facility. ☐ ☐ ☒ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 1080 RULES AND DISCIPLINARY PENALTIES This is a temporary holding facility. Inmates are not housed or detained for an extended period of Wherever discipline is administered, each facility ☐ ☐ ☒ time. administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively, and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1081 PLAN FOR INMATE DISCIPLINE This is a temporary holding facility. Inmates are not housed or detained for an extended period of time. If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 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: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ 4780 San Joaquin Tracy TH PRO 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by the fact-finders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☒ legitimate, non-punitive administrative purpose. 4780 San Joaquin Tracy TH PRO 18-20 - 14 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE This is a temporary holding facility. Inmates are not housed or detained for an extended period of time. The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY This is a temporary holding facility. Inmates are ACTIONS not housed or detained for an extended period of time. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. 4780 San Joaquin Tracy TH PRO 18-20 - 15 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS This is a temporary holding facility. Inmates are not housed or detained for an extended period of time. Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☐ ☐ ☒ therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☒ ☐ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☐ ☒ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 4780 San Joaquin Tracy TH PRO 18-20 - 16 - 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 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 324.12 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE The Watch Commander will ensure procedures are in The facility administrator shall develop written policies and place to address the suicide attempt, death, or procedures concerning minors being held in temporary serious injury of any juvenile held at the Tracy custody which shall address: Police Department (15 CCR 1142; 15 CCR 1047). The procedures will address: (a) Immediate notification of the on-duty supervisor, Chief of Police, and Support Services Division Supervisor. (b) Notification of the parent, guardian, or person standing in loco parentis of the juvenile. ☒ ☐ ☐ (c) Notification of the appropriate prosecutor. (d) Notification of the City attorney. (e) Notification to the coroner. (f) Notification of the juvenile court. (g) In the case of a death, providing a report to the Attorney General under Government Code § 12525 within 10 calendar days of the death, and forwarding the same report to the Board of State and Community Corrections within the same time frame (15 CCR 1046). (h) A medical and operational review of deaths and suicide attempts pursuant to 15 CCR 1046. (i) Evidence preservation. (a) suicide risk and prevention; ☒ ☐ ☐ (b) use of restraints; ☒ ☐ ☐ (c) emergency medical assistance and services; and, ☒ ☐ ☐ (d) prohibiting use of discipline. ☒ ☐ ☐ 1143 CARE OF MINORS IN TEMPORARY 324.8 TEMPORARY CUSTODY CUSTODY REQUIREMENTS ☒ ☐ ☐ Members and supervisors assigned to monitor or (a) The following shall be made available to all minors held in process any juvenile at the Tracy Police temporary custody: Department. (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. 4780 San Joaquin Tracy TH PRO 18-20 - 17 - 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 (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 324.7 NO-CONTACT REQUIREMENTS ADULT PRISONERS Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Department (34 USC § 11133; Welfare The facility administrator shall establish policies and ☒ ☐ ☐ and Institutions Code § 207.1(d); Welfare and procedures to restrict contact, as defined in Section 1006, Institutions Code § 208; 15 CCR 1144). There between minors and adults confined in the facility. should also be sight and sound separation between non-offenders and juvenile and status offenders. 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 324.11 SECURE CUSTODY Only juvenile offenders 14 years of age or older A minor who is taken into temporary custody by a peace may be placed in secure custody (Welfare and officer on the basis that he or she is a person described by Institutions Code § 207; 15 CCR 1145). Watch Section 602 of the Welfare and Institutions Code may be held Commander approval is required before placing in secure custody in a law enforcement facility that contains a a juvenile offender in secure custody. lockup for adults if the minor is 14 years of age or older and 324.8 if, in the reasonable belief of the peace officer, the minor TEMPORARY CUSTODY REQUIREMENTS presents a serious security risk of harm to self or others, as Members and supervisors assigned to monitor or long as all other conditions of secure custody set forth in these ☒ ☐ ☐ process any juvenile at the Tracy Police standards are met. Any minor in temporary custody who is Department. 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; (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. 4780 San Joaquin Tracy TH PRO 18-20 - 18 - 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 1146 CONDITIONS OF 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. 1147 SUPERVISION OF MINORS IN SECURE 324.2 POLICY CUSTODY INSIDE A LOCKED The Tracy Police Department is committed to ENCLOSURE releasing juveniles from temporary custody as soon as reasonably practicable and keeping (a) Minors shall receive adequate supervision which, at a juveniles safe while they are in temporary minimum, includes: custody at the Tracy Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release. Non-secure custody - When a juvenile is held in ☒ ☐ ☐ the presence of an officer or other custody employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1(d); 15 CCR 1150). (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. 4780 San Joaquin Tracy TH PRO 18-20 - 19 - 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 1148 SUPERVISION OF MINORS IN SECURE Secure custody - When a juvenile offender is CUSTODY OUTSIDE OF A LOCKED held in a locked room, a set of rooms, or a cell. ENCLOSURE Secure custody also includes being physically secured to a stationary object (15 CCR 1146). Minors held in secure custody outside of a locked Examples of secure custody include: enclosure shall not be secured to a stationary object for (a) A juvenile left alone in an unlocked room more than 60 minutes unless no other locked enclosure is within the secure perimeter of the adult available. temporary holding area. (b) A juvenile handcuffed to a rail. (c) A juvenile placed in a room that contains doors with delayed egress devices that have a ☒ ☐ ☐ delay of more than 30 seconds. (d) A juvenile being processed in a secure booking area when a non-secure booking area is available. (e) A juvenile left alone in a secure booking area after being photographed and fingerprinted. (f) A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked. (g) A juvenile placed in a room that is capable of being locked or contains a fixed object designed for cuffing or restricting movement. 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 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 Non-secure custody - When a juvenile is held in CUSTODY the presence of an officer or other custody employee at all times and is not placed in a locked room, cell, or behind any locked doors. Minors held in temporary custody, who do not meet the Juveniles in non-secure custody may be criteria for secure custody as specified in Section 207.1(d) handcuffed but not to a stationary or secure of the Welfare and Institutions Code, may be held in non- ☒ ☐ ☐ object. Personal supervision, through direct secure custody to investigate the case, facilitate release of visual monitoring and audio two-way the minor to a parent or guardian, or arrange for transfer of communication is maintained. Monitoring the minor to an appropriate juvenile facility. through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1(d); 15 CCR 1150). 4780 San Joaquin Tracy TH PRO 18-20 - 20 - 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 1150 SUPERVISION OF MINORS IN NON- 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 324.3 JUVENILES WHO SHOULD NOT BE ANY INTOXICATING SUBSTANCE IN SECURE OR HELD NON-SECURE CUSTODY Juveniles who exhibit any of the following conditions should not be held at the Tracy Police Facility administrators shall develop policies and procedures Department: providing that a medical clearance shall be obtained for (a) Unconscious minors who are under the influence of drugs, alcohol or any (b) Seriously injured other intoxicating substance to the extent that they are unable to care for themselves. (c) A known suicide risk or obviously severely ☒ ☐ ☐ emotionally disturbed (d) Significantly intoxicated except when approved by the Watch Commander. 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 (15 CCR 1151). (e) Extremely violent or continuously violent. 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. 4780 San Joaquin Tracy TH PRO 18-20 - 21 - A351 TH PRO eff. 1/2019 (18-20).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☐ ☐ ☒ guardian, or arranging transfer to an appropriate juvenile Number of violations: facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☐ ☐ ☒ enforcement facility for longer than six hours. Number of violations: 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☐ ☐ ☒ length of time the secure detention is expected to last, Number of violations: and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☐ ☐ ☒ Number of violations: facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☐ ☐ ☒ The minor is adequately supervised. Number of violations: 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention in the facility, the reasons and ☐ ☐ ☒ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the Number of violations: minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☐ ☐ ☒ Number of violations: law enforcement facility for longer than six hours. 4780 San Joaquin Tracy TH PRO 18-20 - 22 - A351 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1994 BSCC Code: 4780 FACILITY NAME: Tracy Police Department FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 1994 OTHER: FIELD REPRESENTATIVE: Kimberly Moule DATE: July 17, 2020 TITLE 24 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 X compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) 01: name change to “Sobering Cell” 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 Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet X Limited to no more than one inmate X Contain flush ring toilet (flush with floor) with controls X located outside the cell Padded floor, door and walls X 4780 San Joaquin Tracy TH PHY 18-20 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Equipped with variable intensity, security light, with controls located outside the cell X Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell door (Facility X planned or constructed prior to 8-86) Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which must be in X the door (Facility planned or constructed after 8-86; See regulations for later changes)) Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at least 30 X inches above the floor 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 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 4780 San Joaquin Tracy TH PHY 18-20 - 2 - A370 PHY CH-TH 1-78.dot (03/01) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 4780 FACILITY: Tracy Police Department TYPE: TH RC: 0 FIELD REPRESENTATIVE: Kimberly Moule DATE: July 17, 2020 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S 3 Holding 1994 1 1 4 (4) 7' x 10.3' 1 1 1 Notes: 78" x 30” bench. Females or juvenile/between gates. 2 Holding 1994 1 1 4 (4) 7' x 10.7' 1 1 1 Notes: 78" x 30” bench. 1 Holding 1994 1 1 4 (4) 6.9' x 14.7' 1 1 Notes: 78" x 30” bench. *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total BRC" appears in brackets ( ), it is not part of 4780 San Joaquin Tracy TH LASE 18-20 - 1 - A360 LAS Adult.dot (03/01)