San Mateo County, Menlo Park Police Department (2018-2020 inspection cycle)

March 30, 2021 William Dixon, Acting Police Chief Menlo Park Police Department 701 Laurel Street Menlo Park, CA 94025 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA Dear Chief Dixon: As you are aware, The Board of State and Community Corrections (BSCC) is statutorily required to biennially inspect all Local detention facilities 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 complete 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. Inspection Date Fire and Life Safety August 15, 2019 Medical and Mental Health October 10, 2019 Nutritional Health N/A Environmental Health October 10, 2019 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 items of noncompliance. Please refer to the Procedures Checklist for detailed information. 4995 San Mateo Menlo Park THJ LTR 18-20 William Dixon, Acting Chief of Police Page 2 Title 24, CCR Inspection BSCC was unable to physically review the physical plant during this inspection cycle. However, we were informed that there were no new or remodel projects concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. Juvenile Justice and Delinquency Prevention 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). Youth are not held securely in the jail. 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 process 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. We look forward to working with you in the future to provide technical assistance. If you should have any questions, please contact me at (916) 621-2852 or email at craigus.thompson@bscc.ca.gov. Sincerely, Craigus Thompson Sr. Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Menlo Park* City Manager, City of Menlo Park* Presiding Judge, Superior Court, County of San Mateo* Grand Jury Foreperson, Superior Court, County of San Mateo* Chair, Juvenile Justice Commission, County of San Mateo* * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 4995 San Mateo Menlo Park THJ LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 4995 FACILITY NAME: FACILITY TYPE: Menlo Park Police Department THJ PERSON(S) INTERVIEWED: Corporal Paul Phu FIELD REPRESENTATIVE: DATE: Craigus Thompson 03/29/2021 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Policy 324- Temporary Custody of Juveniles HOLDING FACILITY TRAINING Policy 900-Temporary Custody of Adults Custodial personnel who supervise inmates in, and All policies copyrighted by Lexipol, LLC Jan. supervisors of, a Court Holding or Temporary Holding 2020 facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: All officers have received this training. (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 900.3- Holding Facility Training every two years. Successful completion of the requirements ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL 900.1.1 Supervision of Prisoners 900.3.1 Supervision of Prisoners A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and Arresting officers or their designees remain operation of the programs and activities required by these with the detainees. regulations. Whenever there is an inmate in custody, there shall be at 900.3.2 Supervision in 900.3.2 least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 4995 San Mateo Menlo Park 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 Such an employee shall not have any other duties which 900.3.2 Supervision in Temporary Custody 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 Custody shall be at least one female employee who shall be ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for 900.3.3 Staffing Plan a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 900.1.1- Direct, visual observation at random intervals, within time frames… Safety checks shall be conducted at least hourly through ☒ ☐ ☐ direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of 900.1.1- Direct, visual observation ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.3.3 - Arresting officers or their designees remain with the detainees. 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 All arresting officers meet fire- and life-safety person on duty who trained in fire and life safety procedures ☒ ☐ ☐ training. that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Policy 324 & 900- Temporary of Juveniles & Adults 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 900.3 General Criteria and Supervision ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.2 Policy (General) ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4995 San Mateo Menlo Park 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 (4) Policy on the use of restraint equipment, including the 900.3.1 (b) Individuals who should not be in restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ custody. Section 3407. 306.3.2 Restraint of pregnant persons (5) Procedure and criteria for screening newly received 900.4.1 Screening and Placement inmates for release per Penal Code sections 849(b)(2) and 900.11 Release and/ or Transfer ☐ ☐ ☒ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, 900.5.2 Temporary Custody Logs ☒ ☐ ☐ (B) searches of the facility and inmates, ☒ ☐ ☐ 902 Custodial Searches (C) contraband control, and, 900.8 Holding Cells ☒ ☐ ☐ 900.7 Personal Property 902 Custodial Searches (D) key control. 900.11 Assigned Administrator ☒ ☐ ☐ Each facility administrator shall, at least annually, review, evaluate, and make a record of security measures. The review 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: 900.5.4 Fire Safety (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.5.4 Fire Safety (C) mass arrests; ☒ ☐ ☐ 900.5.4 Fire Safety (D) natural disasters; ☒ ☐ ☐ 900.5.4 Fire Safety (E) periodic testing of emergency equipment; and, ☒ ☐ ☐ 900.5.4 Fire Safety (F) storage, issue, and use of weapons, ammunition, 900.5.4 Fire Safety ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. 900.9 Suicide Attempt, Death or Serious Injury ☒ ☐ ☐ (9) Segregation of Inmates. ☒ ☐ ☐ 900.4.1 (10) Zero tolerance in the prevention of sexual abuse and 900.4.1 (b)1.-Screening and Placement ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 900.4.1(b)2.-Advise Watch Commander and to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Provide victim with heightened protection. any abuse. (e) The manual for Temporary Holding, Court Holding, 904 Prison Rape Elimination 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, 904 Prison Rape Elimination 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. 4995 San Mateo Menlo Park 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 1030 SUICIDE PREVENTION PROGRAM 900.3.1 (d) Individuals who are a suspected suicide risk The facility shall have a comprehensive written suicide 900.9 Suicide attempt, death, or serious injury prevention program developed by the facility administrator, ☒ ☐ ☐ in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct 900.9 Suicide attempt, death, or serious injury ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon 900.4 Initiating Temporary Custody ☒ ☐ ☐ intake and prior to housing assignment. (c) Provisions facilitating communication among 900.9 Suicide attempt, death, or serious injury arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ Inmates will be transported per 5150 WI (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ 900.9 Suicide attempt, death, or serious injury (f) Suicide attempt and suicide intervention policies and 900.9 Suicide attempt, death, or serious injury ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ 900.9 Suicide attempt, death, or serious injury (h) Multi-disciplinary administrative review of suicides and 900.9 Suicide attempt, death, or serious injury attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 1032 FIRE SUPPRESSION PREPLANNING 900.5.4 Fire Safety 900.8.1 Evacuation of Temporary Holding Pursuant to Penal Code Section 6031.1(b), the facility 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 900.5 Fire Safety 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 900.5 Fire Safety monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Last fire inspection 08/2018 Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ 900.8.1 Evacuation (e) a plan for the emergency housing of inmates in the case of Will not house in an emergency situation. ☒ ☐ ☐ fire. Transported to the county jail or released. 1044 INCIDENT REPORTS 900.5.1 Temporary Custody Logs Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or 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 900.9 Suicide Attempt, Death, or serious Injury involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. 4995 San Mateo Menlo Park 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 Such a written record shall be prepared by the staff assigned 900.5.1 Temporary Custody Logs 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 facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of 900.9 Suicide Attempt, death, or serious injury 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 serious injury 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 900.9 Suicide Attempt, death, or serious injury 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 900.9 Suicide Attempt, death, or serious injury 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 900.3.1 Supervision of Prisoners (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, 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.) 4995 San Mateo Menlo Park 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 (c) In deciding whether to assign an inmate to a housing area 900.3.1 Supervision of Prisoners 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 900.4 Initiating temporary custody The facility administrator, in cooperation with the 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 900.4 Initiating temporary custody made of the person being booked as to whether or not he/she has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES 900.3.1 (J) Subjects who should not be in temporary custody The facility administrator, in cooperation with the 900.4 Initiating temporary custody ☒ ☐ ☐ 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 900.3.1 (J) Subjects who should not be in readily available, an inmate shall be considered mentally temporary custody disordered for the purpose of this section if he or she appears 900.4 Initiating temporary custody 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 900.3.1 (J) Subjects who should not be in the inmate or others. ☒ ☐ ☐ temporary custody 900.4 Initiating temporary custody 1053 ADMINISTRATIVE SEGREGATION 900.3.1 Supervision of Prisoners 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. 4995 San Mateo Menlo Park 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 Administrative segregation shall consist of separate and 900.3.1 Supervision of Prisoners 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 This facility has 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. 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 This facility does not have a sobering 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. 4995 San Mateo Menlo Park 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 At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☐ ☐ ☒ 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 Not Be in INMATES Temporary Custody The facility administrator, in cooperation with the These prisoners would be transported to an ☐ ☐ ☒ responsible physician, shall develop written policies and appropriate facility. 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 Restraints are not used as described in this regulation. The facility administrator, in cooperation with the responsible physician, shall develop written policies and 900.3.1 Individuals Who Should Not Be in procedures for the use of restraint devices and may delegate Temporary Custody ☒ ☐ ☐ authority to place an inmate in restraints to a responsible health care staff. The Use of Restraint policy requires transfer of the inmate immediately to the county jail or the hospital. 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. 4995 San Mateo Menlo Park THJ PRO 18-20 - 8 - 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 Detainees would be transported to the county jail 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 Restraints are not used as described in this regulation. The facility administrator, in cooperation with the responsible physician, shall develop written policies and 900.3.1 Individuals Who Should Not Be in procedures for the use of restraint devices on pregnant Temporary Custody ☒ ☐ ☐ inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: The Use of Restraint policy requires transfer of the inmate immediately to the county jail or the hospital. (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. 1067 ACCESS TO TELEPHONE 900.5.6 Telephone calls 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. 4995 San Mateo Menlo Park THJ PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1068 ACCESS TO COURTS AND COUNSEL 900.5.10 Attorneys and Bail Bondsmen The facility administrator shall develop written policies and ☒ ☐ ☐ procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of: (a) unlimited mail as provided in Section 1063 of these ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 900.5.10 Attorneys and Bail Bondsmen 1080 RULES AND DISCIPLINARY PENALTIES 900.5.11 Discipline Discipline would not be administered to any Wherever discipline is administered, each facility ☐ ☐ ☒ individual. They would be transported to jail or administrator shall establish written rules and disciplinary released. 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 facility does not have inmate discipline plans. 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. ☐ ☐ ☒ 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: 4995 San Mateo Menlo Park THJ PRO 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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. 1082 FORMS OF DISCIPLINE 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. 4995 San Mateo Menlo Park THJ PRO 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY ACTIONS 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. (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 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. 4995 San Mateo Menlo Park THJ PRO 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot 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. 4995 San Mateo Menlo Park THJ PRO 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot