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

February 21, 2021 Andy Galea, Chief of Police Los Altos Police Department 1 N. San Antonio Road Los Altos, CA 94022 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Galea: As you are aware, The Board of State and Community Corrections (BSCC) is statutory required to inspect all Local detention facility’s biennial for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations, per Penal Code Section 6031 and for Welfare and Institutions Code (WIC) Section 209. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation your agency provided. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report is enclosed and consists of this transmittal letter and the Procedures Checklist outlining applicable Title 15 sections. Local Inspection In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. There were no noncompliance issues as it relates to the fire inspection or the county health inspection. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. 5230 Santa Clara Los Altos THJ LTR 18-20 Andy Galea, 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 either jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). Secure youth are held in the jail facility. If there is a secure youth in the facility the adult prison will be immediately transported to the county jail. Nonsecure youth a held in the juvenile facility area, which is outside the jail facility. CORRECTIVE ACTION PLAN No areas of noncompliance were noted, and no corrective action is needed. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC remain committed to be a resource to your agency regarding your custodial questions or concerns. If you have any questions, or concerns, please contact our office at any time. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Los Altos* City Manager, City of Los Altos* Presiding Judge, Superior Court, County of Santa Clara* Grand Jury Foreperson, Superior Court, County of Santa Clara* Erin Lunsford, Sergeant, Los Altos Police Department *Copies of the report are located on BSCC website 5230 Santa Clara Los Altos THJ LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5230 FACILITY NAME: Los Altos Police Department City Jail FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Cameron Shearer FIELD REPRESENTATIVE: Michael J. Bush DATE: 05/29/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Agency Training Records HOLDING FACILITY TRAINING Policy 900.12 Custodial personnel who supervise inmates in, and Pg.578 supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such Department members responsible for training shall include, but not be limited to: supervising adults in temporary custody shall (a) applicable minimum jail standards; complete the Corrections Officer Core Course (b) jail operations liability; ☒ ☐ ☐ or eight hours of specialized training within six (c) inmate segregation; months of assignment. (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 Policy 900.12 any event not more than six months after the date of assigned Pg.578 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 Policy 900.12 every two years. Successful completion of the requirements Pg.578 in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. ☒ ☐ ☐ Eight hours of refresher training shall be completed once every two years. The Training Manager shall maintain records of all such training in the member's training file. 1027 NUMBER OF PERSONNEL 900.3.2 Pg.568 A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and Arresting officer provides supervision. 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. 5230 Santa Clara Los Altos 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 Policy 900.3.2 least one employee on duty at all times in a local detention Pg. 568 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. Such an employee shall not have any other duties which Policy 900.3.2 would conflict with the supervision and care of inmates in Pg. 568 the event of an emergency. ☒ ☐ ☐ Staff responsible for supervising should not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more female inmates are in custody, there Policy 900.3.2 shall be at least one female employee who shall be Pg.568 immediately available and accessible to such females. Note: Reference PC§ 4021. At least one female department member should ☒ ☐ ☐ 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 Policy 900.3.3 a specific facility, the facility administrator shall prepare and Pg.569 retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ The Chief of Police or the authorized designee reviewed by the Board staff at the time of their biennial shall ensure a staffing plan is prepared and inspection. The results of such a review and maintained, indicating assigned personnel and recommendations shall be reported to the local jurisdiction their duties. having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS Policy 900.8 Pg.576 Safety checks shall be conducted at least hourly through ☒ ☐ ☐ direct visual observation of all inmates. There shall be no Checks every 15 minutes or continuous more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of Log maintained by officer ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF 900.3.2 Pg. 568 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 900.3.3 person on duty who trained in fire and life safety procedures ☒ ☐ ☐ Pg.569 that relate specifically to the facility. 5230 Santa Clara Los Altos 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 Policy 900 This agency uses Lexipol Policies 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 Los Altos General Policy Manual 200 ☒ ☐ ☐ communications. Pg.19 (2) Inspections and operations reviews by the facility 900.11 Daily check by Watch Commander ☒ ☐ ☐ administrator/manager. Pg578 (3) Policy on the use of force. 900.6 and policy 300 ☒ ☐ ☐ Pg.575/Pg.45 (4) Policy on the use of restraint equipment, including the 900.6 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Pg. 575 Section 3407. (5) Procedure and criteria for screening newly received 900.4.1 Officers Completes Jail Classification inmates for release per Penal Code sections 849(b)(2) and questionnaire ☒ ☐ ☐ 853.6, and any other such processes as the facility Pg. 570 administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ 900.5.7 Pg. 574 (A) physical counts of inmates, ☒ ☐ ☐ 900.5.1 Pg.571/900.11 (B) searches of the facility and inmates, ☒ ☐ ☐ 900.8 Pg. 575/Policy 902 (C) contraband control, and, ☒ ☐ ☐ 900.8/902 (D) key control. ☒ ☐ ☐ 900.11 Pg. 578 Each facility administrator shall, at least annually, review, 900.11 evaluate, and make a record of security measures. The review Pg.578 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: 900.11 (A) fire suppression preplan as required by section ☒ ☐ ☐ Pg.578 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; 900.11 ☒ ☐ ☐ Pg.578 (C) mass arrests; 900.11 ☒ ☐ ☐ Pg.578 (D) natural disasters; 900.11 Transfer to Main Jail or move to cars ☒ ☐ ☐ Pg.578 (E) periodic testing of emergency equipment; and, 900.11 ☒ ☐ ☐ Pg.578 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5230 Santa Clara Los Altos 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 (F) storage, issue, and use of weapons, ammunition, 900.11 ☒ ☐ ☐ chemical agents, and related security devices. Pg.578 (8) Suicide Prevention. 900.11 ☒ ☐ ☐ Pg.578 (9) Segregation of Inmates. 900.11 ☒ ☐ ☐ Pg.578 (10) Zero tolerance in the prevention of sexual abuse and Policy 904 ☒ ☐ ☐ sexual harassment. Pg.586 (11) Policy and procedure to detect, prevent, and respond 904.4 to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Pg. 589 any abuse. (e) The manual for Temporary Holding, Court Holding, 904.4 Type I, II, III, and IV facilities shall provide for, but not be Pg. 589 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, 904.4 community members, and other interested third-parties Pg. 589 to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.3 Pg.568 The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, Policy 418 in conjunction with the health authority and mental health director, to identify, monitor, and provide treatment to those ☒ ☐ ☐ Individuals who exhibit suicidal behaviors will inmates who present a suicide risk. The program shall not be transported to a medical facility or to the include the following: county jail. Remainder of section is deleted. 1032 FIRE SUPPRESSION PREPLANNING 900.11 Pg.578 Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire 900.11 department to be included as part of the policy and procedures ☒ ☐ ☐ Pg.578 manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a 900.11 Inspected Daily by Watch Commander monthly basis with two-year retention of the inspection ☒ ☐ ☐ Pg.578 record; (c) fire prevention inspections as required by Health and Conducted 10/21/2019. Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ Evac Routes Posted in Jail 5230 Santa Clara Los Altos 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 (e) a plan for the emergency housing of inmates in the case of Transfer to Main Jail/Housed in Patrol ☒ ☐ ☐ fire. Car/Release on Citation 1044 INCIDENT REPORTS 900.5.1/900.9/900.5.8/904.4 Pg.576 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 900.5.1/900.5.8 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 900.51.900.5.8 to investigate the incident and submitted to the facility manager or his/her designee. ☒ ☐ ☐ Departmental policy requires that notification occurs prior to the end of shift and that other reports are filed prior to days off. 1046 DEATH IN CUSTODY 900.9/324.12 Pg.576 Pg.138 (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 clinical care; whether changes to policies, procedures, or Pg. 576 ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 324.12 In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Pg.138 lockup, or court holding facility: (1) The administrator of the facility shall provide to the 324.12 Board a copy of the report submitted to the Attorney Pg.138 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 324.12 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. 5230 Santa Clara Los Altos THJ PRO 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN 900.4.1 Pg. 570 (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 Arresting officer completes Jail Classification for male or female inmates, and in making other housing and Questionnaire 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 Transferred to Main Jail not housed in Los Altos 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 Screened by Arresting Officer 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 Not held at Los Altos PD The facility administrator, in cooperation with the Transferred to Main Jail ☒ ☐ ☐ 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 Screened by Arresting Officer 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. 5230 Santa Clara Los Altos THJ PRO 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary to protect the safety of 900.4.1 ☐ ☐ ☒ the inmate or others. Pg.570 1053 ADMINISTRATIVE SEGREGATION 900.4.1 Pg. 570 Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and Transferred to Main Jail if appropriate housing secure housing but shall not involve any other deprivation of not available at Los Altos facility ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL Do not have. 900.4.1 The safety cell described in Title 24, Part 2, Section Transfer to Main Jail if inmate requires this type ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who of housing. display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. Remainder of section is deleted. 1056 USE OF SOBERING CELL No cells of this type at facility The sobering cell described in Title 24, Part 2, Section Remainder of section is deleted. 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. 1057 DEVELOPMENTALLY DISABLED Not housed at this facility. INMATES Transferred to Main Jail The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis and/or treatment within 24 hours of such determination, excluding holidays and weekends. ☐ ☐ ☒ 5230 Santa Clara Los Altos THJ PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES 900.6/306/300 Pg. 575 The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Inmates are transferred to Main Jail if WRAP procedures for the use of restraint devices and may delegate etc. is used authority to place an inmate in restraints to a responsible health care staff. 1058.5 RESTRAINTS AND PREGNANT INMATES 900.6.1/306 Pg575 The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Inmates are transferred to Main Jail. procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy Remainder of section is deleted. shall include reference to the following: 1067 ACCESS TO TELEPHONE 900.5.5 Pg. 573 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 900.5.9 Pg. 574 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. ☒ ☐ ☐ 900.5.9 Pg. 574 1080 RULES AND DISCIPLINARY PENALTIES Discipline is not imposed at this facility Wherever discipline is administered, each facility ☐ ☐ ☒ administrator shall establish written rules and disciplinary penalties to guide inmate conduct. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Secure youth will be detained in a cell. If this occurs, adult prisoners will be transported to the county jail. 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? Locked room outside the jail facility. 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 5230 Santa Clara Los Altos THJ PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot 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 324.12 MINOR IN AN ADULT DETENTION Pg. 138 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 Policy #324 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; ☒ ☐ ☐ 324.3.2 Pg.132 (b) use of restraints; ☒ ☐ ☐ 324.9 Pg. 136 (c) emergency medical assistance and services; and, ☒ ☐ ☐ 324.3.1 Pg. 132 (d) prohibiting use of discipline. Discipline of Adults/Juveniles not administered in ☒ ☐ ☐ this facility. 1143 CARE OF MINORS IN TEMPORARY Policy #324 CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ 324.8 pg. 135 (2) one snack upon request during term of temporary 324.8 pg. 135 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, ☒ ☐ ☐ 324.8 pg. 135 (4) privacy during consultation with family, guardian, 324.8 pg. 135 ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the 324.8 pg. 135 ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is 324.8 pg. 135 inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 5230 Santa Clara Los Altos THJ PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1144 CONTACT BETWEEN MINORS AND 324.7 ADULT PRISONERS Pg. 134 ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, 324.7 such as booking or facility movement, facility staff (trained Pg. 134 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 Pg.135 A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a 324.11 serious security risk of harm to self or others, the officer may Pg.135 ☒ ☐ ☐ 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 324.11 ☒ ☐ ☐ taken into custody; Pg.135 (c) minor's behavior, including the degree to which the 324.11 ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Pg.135 (d) the availability of staff to provide adequate 324.11 ☒ ☐ ☐ supervision or protection of the minor; and, Pg.135 (e) the age, type, and number of other individuals who 324.11 ☒ ☐ ☐ are detained in the facility. Pg.135 1146 CONDITIONS OF SECURE CUSTODY 324.11 Pg.135 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. 5230 Santa Clara Los Altos 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 1147 SUPERVISION OF MINORS IN SECURE 324.11 CUSTODY INSIDE A LOCKED Pg.135 ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; 324.11 ☒ ☐ ☐ and, Pg.135 (2) safety checks, as defined in Section 1006, of the 324.11 minor by staff of the law enforcement facility, at ☒ ☐ ☐ Pg.135 least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same 324.11 locked room unless under constant direct visual ☒ ☐ ☐ Pg.135 observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 324.11 CUSTODY OUTSIDE OF A LOCKED Pg.135 ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant 324.11 direct visual observation to assure the minor's safety while ☒ ☐ ☐ Pg.135 secured to a stationary object. Securing minors to a stationary object for longer than 60 324.11 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ Pg.135 approved by a supervisor. The decision for securing a minor to a stationary object for 324.11 longer than 60 minutes, and every 30 minutes thereafter shall Pg.135 ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE 324.4.1 CUSTODY Pg132 Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- 324.4.1 SECURE CUSTODY Pg132 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. 5230 Santa Clara Los Altos 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 1151 MINORS UNDER THE INFLUENCE OF Not held at facility. ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☐ ☐ ☒ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☐ ☐ ☒ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☐ ☐ ☒ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☐ ☐ ☒ or any other intoxicating substance shall be supervised in accordance with Section 1150. 5230 Santa Clara Los Altos THJ PRO 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot Juvenile Justice and Delinquency Prevention Act Compliance Monitoring Inspection / Verification Report Inspection Date: May 29, 2020 County: Santa Clara Agency Name: Los Altos Police Department BSCC #: 5230 Facility Name: Los Altos Police Department City Jail MID #: 445 Address: 1 N. San Antonio road City: Los Altos Zip: 94022 Facility Phone: 650 947-2770 Facility Fax: 650 947-2704 Facility Contact: Cameron Shearer Title: Sergeant Email: cshearer@losaltosca.gov Agency Head: Andy Galea Title: Chief of Police Email: agalea@losaltosca.gov Type of Secure Detention (for juveniles): None Cell Locked Room Cuffing Fixture Other Location for Secure Detention (for juveniles): Youth will be held in a jail cell. If this occurs adults prisoners will not be detained. Policy and Procedure: Meets requirements of the JJDPA Available onsite Inspection/Verification Comments Sergeant Shearer provided the policy manual for juvenile detention. The manual met all requirements in accordance with the JJDPA. As a result, no violations of the JJDPA were identified. Core Requirements Violations Code Section/Description Year J F M A M J J A S O N D 34 USC § 11133(a)(11) 2018 Deinstitutionalization of Status Offenders Status offenders, non-offenders, alien and civil-type 2019 minors are not to be held in secure detention. 34 USC § 11133(a)(12) Separation 2018 Minors may not be confined or detained in any facility in which they have contact with adult 2019 prisoners. 34 USC § 11133(a)(13) Jail Removal 2018 (6-hour hold exception) Minors are securely detained for a period not to 2019 exceed six hours. Explanation for Violations Not Reported to BSCC N/A Corrective Action Plan (Indicate if none needed) N/A Follow Up Information Field Representative: Michael J. Bush Submit completed report to the CM Analyst. 5230 Santa Clara Los Altos THJ PRO 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot