Santa Clara County, Gilroy Police Department (2018-2020 inspection cycle)

February 22, 2021 Scot Smithee, Chief of Police Gilroy Police Department 7301 Hanna Street Gilroy, CA 95020 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Smithee: As you are aware, The Board of State and Community Corrections (BSCC) is statutory required to inspect all Local detention facility’s biennial for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations, per Penal Code Section 6031 and for Welfare and Institutions Code (WIC) Section 209. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation your agency provided. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report is enclosed and consists of this transmittal letter and the Procedures Checklist outlining applicable Title 15 sections. Local Inspection In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. There were no noncompliance issues as it relates to the fire inspection or the county health inspection. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. We found one items of noncompliance: 1029 Policy and Procedure Manual: Facilities are required to update their policy manual to include all Title 15/24 regulation standards. Please review the attached policy and procedure checklist for section that requires updating. 5255 Santa Clara Gilroy THJ LTR 18-20 Scot Smithee, Chief of Police Page 2 of 2 Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodeling projects concerning the jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). Secure and nonsecure youth a held in the jail facility out of sight of sound of adult prisons. CORRECTIVE ACTION PLAN If you choose to address the noncompliance issues noted above, please provide a corrective action plan so that BSCC may update our files to indicate compliance. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC remain committed to be a resource to your agency regarding your custodial questions or concerns. If you have any questions, or concerns, please contact our office at any time. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Gilroy* City Manager, City of Gilroy* Presiding Judge, Superior Court, County of Sant Clara* Grand Jury Foreperson, Superior Court, County of Santa Clara* Jose Alverez, Jail Supervisor, Gilroy Police Department *Copies of the report are located on BSCC website 5255 Santa Clara Gilroy THJ LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5255 FACILITY NAME: Gilroy Police Department City Jail FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Jail Supervisor Joe Alvarez FIELD REPRESENTATIVE: Michael J. Bush DATE: 05/21/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY PG 7 G HOLDING FACILITY TRAINING Personnel (MSO, Corporal, Sergeant) who are responsible for supervising inmates or minors Custodial personnel who supervise inmates in, and in, and supervisors of our THF will complete 8 supervisors of, a Court Holding or Temporary Holding hours of specialized training. Such training facility shall complete 8 hours of specialized training. Such shall include, but not limited to, applicable training shall include, but not be limited to: minimum jail standards, ail operations liability, inmate segregation, emergency procedures and (a) applicable minimum jail standards; suicide prevention. This training shall be (b) jail operations liability; ☒ ☐ ☐ completed as soon as practical, but in any event (c) inmate segregation; not more than six months after the date of (d) emergency procedures and planning, fire and life assigned responsibility. safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once Eight hours of refresher training shall be every two years. Successful completion of the requirements completed once every two years. ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL PG 7 H Whenever there is an inmate(s) in custody, A sufficient number of personnel shall be employed in each there shall be at least one employee on duty at local detention facility to ensure the implementation and all time in a local detention facility or in the ☒ ☐ ☐ operation of the programs and activities required by these building which houses a local detention facility regulations. 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. 5255 Santa Clara Gilroy THJ PRO 18-20 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at PG 8 H least one employee on duty at all times in a local detention Such an employee shall not have any other facility or in the building which houses a local detention duties, which would conflict with the facility who shall be immediately available and accessible to supervision and care of inmates in the event of inmates in the event of an emergency. ☒ ☐ ☐ an emergency. 2. Penal Code Section 4021. Such an employee shall not have any other duties which When there is an inmate in custody and the would conflict with the supervision and care of inmates in M.S.O. (or other employee tasked with jail the event of an emergency. operation/supervision) is no longer “in the ☒ ☐ ☐ building…immediately available and accessible to inmates in the event of an emergency”, the watch commander, communications, and records staff will be notified. Whenever one or more female inmates are in custody, there PG 8 H shall be at least one female employee who shall be Whenever one or more female inmates are in immediately available and accessible to such females. custody, there shall be at least one female Note: Reference PC§ 4021. employee immediately available and accessible to such females. ☒ ☐ ☐ If a female employee is not available, the female inmate or minor will be immediately transported to the Santa Clara County Jail or the Santa Clara County Juvenile Hall. To determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS PG 14 5. Routine visual safety checks will be made Safety checks shall be conducted at least hourly through on inmate(s) at least once every hour. The direct visual observation of all inmates. There shall be no ☒ ☐ ☐ employee checking the inmate(s) will look for more than a 60-minute lapse between safety checks. body movement. Documentation of these checks shall be recorded on the jail log and also on a CAD event via Communications. There is a written plan that includes the documentation of ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF PG. 8 I Training will occur during core training. 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 person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 5255 Santa Clara Gilroy THJ PRO 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 PG 13 B. Review and Jail Inspection Facility administrator(s) shall develop and publish a manual 1. Facility administrator(s) shall develop and of policy and procedures for the facility. The policy and publish a manual of policy and procedures manual shall address all applicable Title 15 and procedure for the facility. 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 Article 1 “C” ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility PG 5 ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ Lexipol Patrol Section 300 (4) Policy on the use of restraint equipment, including the PG 18-19 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received PG 15-16 inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: PG 10 ☒ ☐ ☐ L. Security and Control (A) physical counts of inmates, PG 10 ☒ ☐ ☐ 1. Physical Count of Inmates (B) searches of the facility and inmates, ☒ ☐ ☐ PG 9 (C) contraband control, and, ☒ ☐ ☐ PG 9 (D) key control. ☒ ☐ ☐ 2. Key Control 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: PG 9 K (A) fire suppression preplan as required by section ☒ ☐ ☐ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; PG 8 A. Escape ☒ ☐ ☐ B. Disturbance C. Hostage Situation (C) mass arrests; ☒ ☐ ☐ D. Civil Disturbance (D) natural disasters; PG 8 ☒ ☐ ☐ E. Natural Disaster 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5255 Santa Clara Gilroy 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 (E) periodic testing of emergency equipment; and, PG 8 F. Power Failure ☒ ☐ ☐ H. Emergency Housing Equipment I. Testing, Storage and Use of Emergency (F) storage, issue, and use of weapons, ammunition, PG 12 ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ PG 32 (9) Segregation of Inmates. ☒ ☐ ☐ PG 15-16 (10) Zero tolerance in the prevention of sexual abuse and Update policy to include section new section. ☐ ☒ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting ☐ ☒ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, 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 PG 32 The facility shall have a comprehensive written suicide Suicide risk prisoners will be transported to the prevention program developed by the facility administrator, ☒ ☐ ☐ county jail. in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those The Remainder of section is deleted. inmates who present a suicide risk. The program shall include the following: 1032 FIRE SUPPRESSION PREPLANNING PG 9 The facility administrator shall consult with the Pursuant to Penal Code Section 6031.1(b), the facility local fire department, with the State Fire administrator shall consult with the local fire department ☒ ☐ ☐ Marshal, or both, in developing a plan for fire having jurisdiction over the facility, with the State Fire suppression which shall include, but not be Marshal, or both, in developing a plan for fire suppression limited to. which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire 2. A fire suppression pre-plan developed with department to be included as part of the policy and procedures the local fire department to be included as part of ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section the policy and procedures manual 1029); (b) regular fire prevention inspections by facility staff on a 3. A fire prevention inspection will be monthly basis with two-year retention of the inspection conducted monthly by the M.S.O. The fire ☒ ☐ ☐ record; extinguishers shall be examined by facilities to ensure that they are in place and fully charged. 5255 Santa Clara Gilroy 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 (c) fire prevention inspections as required by Health and 4. Fire inspection(s) will be conducted by the Safety Code Section 13146.1(a) and (b) which requires State Fire Marshal, or the State Fire Marshal’s inspections at least once every two years; authorized representative, which requires inspections at least once every two years. ☐ ☒ ☐ Last reported inspection was conducted 07/20/2017. Please schedule a fire inspection and forward to BSCC when it becomes available. (d) an evacuation plan; and, 5. In the event that an evacuation of inmates is necessary, the inmates will be moved to the Transportation Van or a secure police vehicle ☒ ☐ ☐ Those inmate(s) who can be released without posing a threat to the community will be released. Minors will be released to a parent or guardian. (e) a plan for the emergency housing of inmates in the case of 5. If this is not feasible, the inmate(s) will be fire. ☒ ☐ ☐ transferred to the Santa Clara County Jail or Juvenile Hall. 1044 INCIDENT REPORTS PG 14 D Incident Reports 1. It is the policy of the Gilroy Police Each facility administrator shall develop written policies and Department to maintain a written record and procedures for the maintenance of written records and reporting of all incidents which result in physical ☒ ☐ ☐ reporting of all incidents which result in physical harm, or harm, or serious threat of physical harm, to any serious threat of physical harm, to an employee or inmate of employee, inmate other person in the THF, or a detention facility or other person. damage to City property. Such records shall include the names of the persons 2. The arresting/booking officer is responsible involved, a description of the incident, the actions taken, and for reporting the incident immediately after its the date and time of the occurrence. occurrence to the Watch Commander. The officer will complete an Incident Report. ☒ ☐ ☐ Such a written record shall be prepared by the staff assigned This report will completely and concisely to investigate the incident and submitted to the facility document the incident. The report will be ☒ ☐ ☐ manager or his/her designee. directed to the Watch Commander and after review, will be filed in the case file. 1046 DEATH IN CUSTODY PG 15 E Death in Custody 1. In the event that an officer/employee (a) Death in Custody Reviews for Adults and Minors. discovers that an inmate has or appears to have died, while in custody. The officer/employee The facility administrator, in cooperation with the health will immediately summon assistance and begin administrator, shall develop written policy and procedures life-saving measures such as first aid and CPR. 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 2. In all inmate deaths, a designated officer administrator, the responsible physician and other health will complete an Incident Report noting action care and supervision staff who are relevant to the incident. taken and other facts. Deaths shall be reviewed to determine the appropriateness of Please add language to section. clinical care; whether changes to policies, procedures, or ☐ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ lockup, or court holding facility: 5255 Santa Clara Gilroy 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 (1) The administrator of the facility shall provide to the F. Death of a Minor While Detained in a THF Board a copy of the report submitted to the Attorney a) The facility administrator shall provide to General under Government Code Section 12525. A copy the BSCC a copy of the report submitted to the of the report shall be submitted within 10 calendar days ☒ ☐ ☐ Attorney General under Government Code after the death. Section 12525. This report shall be submitted with 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 PG 1-18 (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.) (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 PG 18 B Communicable Diseases 1. An inmate with a known communicable The facility administrator, in cooperation with the disease will be housed separately until the responsible physician, shall develop written policies and ☐ ☐ ☒ inmate can be transported to Santa Clara County procedures specifying those symptoms that require Jail or Juvenile Hall. segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be Medical screening from. 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. 5255 Santa Clara Gilroy 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 1052 MENTALLY DISORDERED INMATES PG19 C. Mentally Disordered Inmates 1. An inmate will be considered mentally The facility administrator, in cooperation with the disordered if they appear to be a danger to ☐ ☐ ☒ responsible physician, shall develop written policies and themselves or others or appear gravely disabled. procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not 2. Such a mentally disordered inmate should readily available, an inmate shall be considered mentally be transported to Emergency Psychiatric disordered for the purpose of this section if he or she appears Services at Valley Medical Center, Santa Clara to be a danger to himself/herself or others or if he/she County Jail or Juvenile Hall as soon as possible. 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 Will not be booked at facility. ☐ ☐ ☒ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION PG 19 D. Administrative Segregation 1. Administrative segregation will only be Except in Type IV facilities, each facility administrator shall used on those inmates who are prone to escape, develop written policies and procedures which provide for or to assault staff or other inmates, or disrupt the the administrative segregation of inmates who are operations of the jail, or likely to need protection determined to be prone to: promote activity or behavior that from other inmates. is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 2. Administrative segregation shall consist of secure housing but shall not involve any other deprivation of separate and secure cells, but will not involve privileges than is necessary to obtain the objective of any more deprivation of privileges than is protecting the inmates and staff. necessary to obtain the objective of protecting the inmate and staff. ☒ ☐ ☐ 3. Any inmate that falls under this category will be transported as soon as possible to the Santa Clara County Jail. 1055 USE OF SAFETY CELL PG 20 The safety cell described in Title 24, Part 2, Section No safety cell in facility. ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property The remainder of section is deleted. or reveals an intent to cause physical harm to self or others. 5255 Santa Clara Gilroy 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 1056 USE OF SOBERING CELL PG 20 E. Use of Sobering Cell 1. The sobering cell will be used for the The sobering cell described in Title 24, Part 2, Section holding of inmates who are a threat to their own 1231.2.4, shall be used for the holding of inmates who are a safety or the safety of others due to their state of threat to their own safety or the safety of others due to their ☒ ☐ ☐ intoxication. state of intoxication and pursuant to written policies and 4. If the inmate(s) is too inebriated or procedures developed by the facility administrator. medically fragile to be admitted to the THF, they will be immediately transported to Saint Louise Regional Hospital for evaluation before booking. Such inmates shall be removed from the sobering cell as they 1. Such inmate will be removed from the cell are able to continue in the processing. when they are able to continue in the processing. ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six 2. In no case will an inmate remain in the hours without an evaluation by a medical staff person or an sobering cell over six hours without a physical evaluation by custody staff, pursuant to written medical status evaluation by the M.S.O. or Watch procedures in accordance with section 1213 of these ☒ ☐ ☐ Commander. The M.S.O. or Watch Commander regulations, to determine whether the prisoner has an urgent shall ensure that the inmate is sobering up and is medical problem. not in the same or worse condition when last observed At 12 hours from the time of placement, all inmates will New language added to standards. Please add to receive an evaluation by responsible health care staff. manual. ☐ ☐ ☐ Intermittent direct visual observation of inmates held in the 3. Direct visual observation of the inmates will sobering cell shall be conducted no less than every half hour. be conducted no less than every half hour. The Such observation shall be documented. individual making the observation shall look for the improvement in the condition of the inmates. ☒ ☐ ☐ Such observations will be documented on the jail log. 1057 DEVELOPMENTALLY DISABLED PG 20 F. Developmentally Disabled Inmates INMATES 1. Inmates will be considered developmentally disabled if they are disabled due to mental The facility administrator, in cooperation with the retardation, cerebral palsy, epilepsy, autism, or a ☐ ☐ ☒ responsible physician, shall develop written policies and combination of disabilities. 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 2. If it is suspected that an inmate is center on any inmate suspected or confirmed to be developmentally disabled, the inmate should developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ be transported to Santa Clara County Jail or and/or treatment within 24 hours of such determination, Juvenile Hall as soon as possible excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES G. Use of Restraint Devices and Force 1. Restraints are used only to hold inmates who The facility administrator, in cooperation with the display behavior that results in the destruction of responsible physician, shall develop written policies and property or reveals an intent to cause physical procedures for the use of restraint devices and may delegate harm to self or others. ☐ ☐ ☒ authority to place an inmate in restraints to a responsible health care staff. However, Restraint devices as defined by this regulation are not used in this facility. The remainder of section is deleted. 5255 Santa Clara Gilroy 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 1058.5 RESTRAINTS AND PREGNANT INMATES PG 31 B. Health Care Procedures 4. Pregnant and/or lactating females will be transported to Santa Clara County Jail or The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ Juvenile Hall as soon as possible. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy The Remainder of section is deleted. shall include reference to the following: 1067 ACCESS TO TELEPHONE PG 23 B. Access to Telephone 1. Per 851.5 PC, “Immediately upon The facility administrator shall develop written policies and completion of booking, and except where procedures which allow reasonable access to a telephone physically impossible, no later than three hours ☒ ☐ ☐ beyond those telephone calls which are required by Section after arrest, an arrested person has the right to 851.5 of the Penal Code. make at least three complete telephone calls to an attorney of his/her choice, a public defender, a bail bonds person, or a relative or other person. 1068 ACCESS TO COURTS AND COUNSEL PG 23 C. Visiting and Access to Counsel The facility administrator shall develop written policies and 1. Since the THF is for temporary detention procedures to ensure inmates have access to the court and to there is one room for visiting. If an inmate legal counsel. Such access shall consist of: requests to see an attorney they will be allowed ☒ ☐ ☐ to do so in the inmate visitation room. 2. When admitting attorneys, the Watch Commander will check their California State Bar Association Card. Only bona fide attorneys, not paralegals will be \admitted to visit an inmate. (a) unlimited mail as provided in Section 1063 of these PG 22 A. Correspondence regulations, and, 1. Since this is a THF, an inmate generally will not send or receive mail. However, there is no ☒ ☐ ☐ limit to the amount of mail that an inmate may send or receive. (b) confidential consultation with attorneys. 3. GPD personnel shall not review inmate correspondence to or from state and federal courts, any member of the state bar or holder of ☒ ☐ ☐ public office, and the BSCC; however, GPD personnel may open and inspect such mail only to search for contraband, cash, checks, or money order in the presence of the inmate. 1080 RULES AND DISCIPLINARY PENALTIES PG 23 A. Plan for Inmate Discipline 1. Formal inmate discipline will not be Wherever discipline is administered, each facility administered in this THF. If an inmate violates administrator shall establish written rules and disciplinary ☒ ☐ ☐ a law while in custody, the additional charge will penalties to guide inmate conduct. be added to the original crime report. Remainder of section deleted. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? The Juvenile Justice and Delinquency Prevention Act ☒ ☐ (JJDPA) establishes the following federal standards on the detention of minors: 5255 Santa Clara Gilroy THJ PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot (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. 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 Ensure your minors in detention manual is MINOR IN AN ADULT DETENTION updated. 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 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; PG 34 Article 11, Section G) ☒ ☐ ☐ B. Suicide Risk and Prevention (b) use of restraints; PG 24 Article 5, Section G) ☒ ☐ ☐ C. Use of Restraints (c) emergency medical assistance and services; and, PG 30 ☒ ☐ ☐ D. Emergency Medical Assistance (d) prohibiting use of discipline. PG 23 A Plan for Inmate Discipline 1. Formal inmate discipline will not be ☒ ☐ ☐ administered in this THF. 1143 CARE OF MINORS IN TEMPORARY PG 26. Care of minors in Temporary Custody CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ a 5255 Santa Clara Gilroy THJ PRO 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (2) one snack upon request during term of temporary B 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, ☒ ☐ ☐ C (4) privacy during consultation with family, guardian, D ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the E ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is F inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND PG 27 D. Contact Between Minors and ADULT PRISONERS Adult Prisoners 1. The facility administrator shall ensure there is no communication, whether verbal or visual, The facility administrator shall establish policies and ☒ ☐ ☐ or immediate physical presence between minors procedures to restrict contact, as defined in Section 1006, and adults confined in the facility. between minors and adults confined in the facility. 2 In situations where brief or accidental contact may occur, 2. In situations where brief or accidental such as booking or facility movement, facility staff (trained contact may occur, such as booking or facility in the supervision of inmates) shall maintain a constant, side- movement, facility staff (trained in the ☐ ☐ ☐ by-side presence with the minor or the adult to prevent supervision of inmates) shall maintain a sustained contact. constant, side-by-side presence with the minor or the adult to prevent sustained contact. 5255 Santa Clara Gilroy THJ PRO 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1145 DECISION ON SECURE CUSTODY PG 27 E. Secure Custody: 1. A minor who is taken into temporary A minor who is taken into temporary custody by a peace custody on the basis that he or she is described officer on the basis that he or she is a person described by by Section 602 WIC may be held in secure Section 602 of the Welfare and Institutions Code may be held custody that contains a lockup for adults if the in secure custody in a law enforcement facility that contains a minor is 14 years of age or older and if, in the lockup for adults if the minor is 14 years of age or older and reasonable belief of the officer, the minor if, in the reasonable belief of the peace officer, the minor presents a serious security risk or harm to self or presents a serious security risk of harm to self or others, as others. In making the determination whether the long as all other conditions of secure custody set forth in these minor presents a serious security risk of harm to standards are met. Any minor in temporary custody who is self or others, the following factors ma be taken less than 14 years of age, or who does not in the reasonable into account: 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 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 b taken into custody; ☒ ☐ ☐ (c) minor's behavior, including the degree to which the c minor appears to be cooperative or non-cooperative; ☒ ☐ ☐ (d) the availability of staff to provide adequate d ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who e ☒ ☐ ☐ are detained in the facility. 5255 Santa Clara Gilroy THJ PRO 18-20 - 12 - 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 PG 27 F. Conditions of Secure Custody: While in secure custody, minors may be locked in a room or While in secure custody, minor may be locked in other secure enclosure, secured to a cuffing rail, or otherwise a room or other secure enclosure (including the reasonably restrained as necessary to prevent escape and jail/THF if no adult inmates are in custody), protect the minor and others from harm. secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and ☒ ☐ ☐ protect the minor and others from harm. 2. Complete “Secure Detention Log”. When minors are securely detained in a locked room, the juvenile shall be randomly checked no less than once every 30 minutes. The time of these observations must be recorded on the secure detention log. 1147 SUPERVISION OF MINORS IN SECURE PG 28 G. Supervision of Minors in Secure CUSTODY INSIDE A LOCKED Custody Inside a Locked Room or Enclosure: ENCLOSURE Minors shall receive adequate supervision which, ☒ ☐ ☐ at a minimum, includes: (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; 1. Shall have constant auditory access by staff. ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the 2. Safety checks of the minor by staff, at least minor by staff of the law enforcement facility, at once every thirty minutes, which shall be ☒ ☐ ☐ least once every 30 minutes, which shall be documented on the Secure Custody juvenile log, documented. located by the Watch Commander’s office. (b) Males and females shall not be placed in the same 3. Male and female minors shall not be placed locked room unless under constant direct visual ☒ ☐ ☐ in the same locked room or enclosure unless under observation by staff of the law enforcement facility. constant direct visual supervision of staff. 1148 SUPERVISION OF MINORS IN SECURE PG 28H. Supervision of Minors in Secure CUSTODY OUTSIDE OF A LOCKED Custody Outside of a Locked Room ENCLOSURE or Enclosure. Minors held in secure custody outside of a locked ☒ ☐ ☐ 1. Minors held in secure custody outside of a enclosure shall not be secured to a stationary object for locked room or enclosure shall not be secured to more than 60 minutes unless no other locked enclosure is a stationary object for more than 60 minutes available. unless no other locked room or enclosure is available. A staff person from the facility shall provide constant A staff person shall provide constant direct visual direct visual observation to assure the minor's safety while ☒ ☐ ☐ observation to assure the minors safety while secured to a stationary object. secured to a stationary object. Securing minors to a stationary object for longer than 60 2. Securing a minor to a stationary object for minutes, and every 30 minutes thereafter, shall be longer than 60 minutes and checked every 30 ☒ ☐ ☐ approved by a supervisor. minutes thereafter, shall be approved by the Watch Commander. The decision for securing a minor to a stationary object for 4. Complete “Secure Detention Log”. When longer than 60 minutes, and every 30 minutes thereafter shall minors are securely detained in a locked room, the be based upon the best interests of the minor and shall be juvenile shall be randomly checked no less than ☒ ☐ ☐ documented. once every 30 minutes. The time of these observations must be recorded on the secure detention log. 5255 Santa Clara Gilroy THJ PRO 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1149 CRITERIA FOR NON-SECURE PG 28 I. Criteria for Non-Secure Custody CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Minors held in temporary custody, who do not meet the Section 207.1(d) W.I., may be held in non-secure criteria for secure custody as specified in Section 207.1(d) custody to: ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- 1. Time needed to for case investigation. secure custody to investigate the case, facilitate release of 2. Facilitate release to parent or guardian. the minor to a parent or guardian, or arrange for transfer of 3. Arrange transportation to appropriate the minor to an appropriate juvenile facility. juvenile facility. 1150 SUPERVISION OF MINORS IN NON- PG 29 J. Supervision of Minors in Non-Secure SECURE CUSTODY Custody 1 Minors held in non-secure custody shall receive Minors held in non-secure custody shall receive constant constant direct visual, observation by staff. direct visual observation by staff of the law enforcement 2 Entry and release time shall be documented and facility. Entry and release times shall be documented and ☒ ☐ ☐ made available for review. made available for review. Monitoring a minor using 3. Monitoring a minor using audio, video or other audio, video, or other electronic devices shall never replace electronic devices shall never replace constant constant direct visual observation. direct visual 1151 MINORS UNDER THE INFLUENCE OF PG 29 K. Minors under the Influence of Any ANY INTOXICATING SUBSTANCE IN SECURE OR Intoxicating Substance in Secure NON-SECURE CUSTODY or Non-Secure Custody Facility administrators shall develop policies and procedures 1. A medical clearance shall be obtained for providing that a medical clearance shall be obtained for ☒ ☐ ☐ minors who are under the influence of drugs, minors who are under the influence of drugs, alcohol or any alcohol, or any other intoxicating substance to the other intoxicating substance to the extent that they are unable extent that they are unable to care for themselves, to care for themselves. prior to booking at Juvenile Hall Supervision of minors in secure custody in a locked room 2. A minor in secure custody in a locked room or who display outward signs of being under the influence of enclosure who displays outward signs of being drugs, alcohol or any other intoxicating substance shall under the influence of drugs, alcohol or any other include safety checks at least once every 15 minutes until intoxicating substance shall include safety checks ☒ ☐ ☐ resolution of the intoxicated state or release. These safety at least once every 15 minutes until sober or checks shall be documented, with actual time of occurrence released. These safety checks shall be recorded. documented, with the actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked 3. A minor in secure custody outside a locked room who display outward signs of being under the room or enclosure who displays influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ outward signs of being under the influence of substance shall be supervised in accordance with Section drugs, alcohol, or any other intoxicating substance 1148. shall be supervised. Supervision of minors in nonsecure custody who display 4. A minor in non-secure custody who display outward signs of being under the influence of drugs, alcohol outward signs of being under the influence of ☒ ☐ ☐ or any other intoxicating substance shall be supervised in drugs, alcohol or any other intoxicating substance accordance with Section 1150. shall be supervised. 5255 Santa Clara Gilroy THJ PRO 18-20 - 14 - A351 TH PRO eff. 1/2019 (18-20).dot