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

February 22, 2021 Shane Palsgove, Chief of Police Morgan Hill Police Department 16200 Vineyard Blvd Morgan Hill, CA 95037 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Palsgove: As you are aware, The Board of State and Community Corrections (BSCC) is statutory required to inspect all Local detention facility’s biennial for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations, per Penal Code Section 6031 and for Welfare and Institutions Code (WIC) Section 209. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation your agency provided. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report is enclosed and consists of this transmittal letter and the Procedures Checklist outlining applicable Title 15 sections. Local Inspection In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. There were no noncompliance issues as it relates to the fire inspection or the county health inspection. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. We found no noncompliance issues. 5251 Santa Clara Morgan Hill TH LTR 18-20 Shane Palsgrove, Chief of Police Page 2 of 2 Please refer to the Procedures Checklist for detailed information. Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or 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 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 Morgan Hill* City Manager, City of Morgan Hill* Presiding Judge, Superior Court, County of Santa Clara Grand Jury Foreperson, Superior Court, County of Santa Clara* Jason Lorenzo, Multi Service Officer Morgan Hill Police Department *Copies of the report are located on BSCC website 5251 Morgan Hill PD City Jail TH LTR: 18/20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5251 FACILITY NAME: Morgan Hill Police Department City Jail FACILITY TYPE: TH PERSON(S) INTERVIEWED: Multi Service Officer Jason Lorenzo FIELD REPRESENTATIVE: Michael J. Bush DATE: 06/10/2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Policy section: 900.11 // 905.2.3(B)1&2 HOLDING FACILITY TRAINING Page:626 /648 Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (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 Policy section: 900.11 // 905.2.3(B)1&2 any event not more than six months after the date of assigned Page:626 /648 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 section: 900.11 // 905.2.3(B)1&2 every two years. Successful completion of the requirements Page:626 /648 ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 1027 NUMBER OF PERSONNEL Policy section: 900.3.2 // 905.2.3(A) Page: 617 // 648 A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 5251 Santa Clara Morgan Hill TH PRO 18-20 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at Policy section: 900.3.2 // 905.2.3(A) least one employee on duty at all times in a local detention Page: 617 // 648 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 section: 900.3.2 // 905.2.3(A) would conflict with the supervision and care of inmates in ☒ ☐ ☐ Page: 617 // 648 the event of an emergency. Whenever one or more female inmates are in custody, there Policy section: 900.3.2 // 905.2.3(A) shall be at least one female employee who shall be Page: 617 // 648 ☒ ☐ ☐ immediately available and accessible to such females. Note: Reference PC§ 4021. To determine if there is a sufficient number of personnel for Policy section: 900.3.3 // 905.2.3(A) a specific facility, the facility administrator shall prepare and Page: 618 // 648 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 Policy section: 905.2.3(A)(2) // 909.2(A)(3) Page: 648 // 655 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 Policy section: 900.5.1 ☒ ☐ ☐ routine safety checks. Page: 620 1028 FIRE AND LIFE SAFETY STAFF Policy section: 905.2.3(B)2 Page: 648 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 Policy section: 905.2.3(B)1&2 person on duty who trained in fire and life safety procedures ☒ ☐ ☐ Page: 648 that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Policy section: 905.2.2(C) Page: 647 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: 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5251 Santa Clara Morgan Hill TH PRO 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) Table of organization, including channels of Policy section: 905.2.2(B) ☒ ☐ ☐ communications. Page: 647 (2) Inspections and operations reviews by the facility Policy section: 905.2.2(B)(3) ☒ ☐ ☐ administrator/manager. Page: 647 (3) Policy on the use of force. Policy section: 913.2.1 //300 ☒ ☐ ☐ Page: 667 // 44 (4) Policy on the use of restraint equipment, including the Policy section: 900.6 // 913 restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Page: 624 // 667 Section 3407. (5) Procedure and criteria for screening newly received Policy section: 909.2.5 inmates for release per Penal Code sections 849(b)(2) and Page: 658 ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ Policy section: 905.2.3 (A) physical counts of inmates, Policy section: 900.8 ☒ ☐ ☐ Page:624 (B) searches of the facility and inmates, Policy section 902 ☒ ☐ ☐ Page:629 (C) contraband control, and, Policy section: 909.2.3(c) // 909.2.3(C)(1) ☒ ☐ ☐ Page: 656 // 657 (D) key control. Policy section 905.2.6(C)(7) // 921.2.2(A) ☒ ☐ ☐ Page: 650 // 680 Each facility administrator shall, at least annually, review, This is conducted quarterly. 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: Policy section: 921.2.2 (A) fire suppression preplan as required by section ☒ ☐ ☐ Page: 680 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; Policy section: 921.2.5(A)(B)(C) ☒ ☐ ☐ Page: 682 (C) mass arrests; Policy section: 921.2.5(B) ☒ ☐ ☐ Page:682 (D) natural disasters; Policy section: 921.2.5(E) ☒ ☐ ☐ Page: 683 (E) periodic testing of emergency equipment; and, Policy section: 921.2.2 // 905.2.6 ☒ ☐ ☐ Page: 680 // 649-650 (F) storage, issue, and use of weapons, ammunition, Policy section: 909.2.2(2)(C) ☒ ☐ ☐ chemical agents, and related security devices. Page: 656 (8) Suicide Prevention. Policy section: 911.2.6(4)(C) // 917.2.2 ☒ ☐ ☐ Page: 666 // 670-672 (9) Segregation of Inmates. Policy 907 ☒ ☐ ☐ Page: 651-654 (10) Zero tolerance in the prevention of sexual abuse and Policy 904.2 // 904 ☒ ☐ ☐ sexual harassment. Page: 636 (11) Policy and procedure to detect, prevent, and respond Policy section: 904.6 to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Page: 641 any abuse. 5251 Santa Clara Morgan Hill TH PRO 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, Policy section: 904.4 Type I, II, III, and IV facilities shall provide for, but not be Page: 638 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, Policy section: 904.4.1 community members, and other interested third-parties Page 639 to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM Policy 919 Page: 678 The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☒ ☐ ☐ Mentally ill prisoners are transported directly to in conjunction with the health authority and mental health the Santa Clara County Jail. director, to identify, monitor, and provide treatment to those Policy section 919.2.2 inmates who present a suicide risk. The program shall Page:678 include the following: (a) Suicide prevention training for all staff that have direct Policy section:900.11 ☐ ☐ ☒ contact with inmates. Page 626 (b) Intake screening for suicide risk immediately upon Policy section: 917/919.2.1//900.4.1 ☐ ☐ ☒ intake and prior to housing assignment. Page: 670678/619 (c) Provisions facilitating communication among Policy section 919 arresting/transporting officers, facility staff, medical and ☐ ☐ ☐ Page:678 mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☐ ☐ ☒ Direct transport to Santa Clara County jail (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ Direct observation during transport (f) Suicide attempt and suicide intervention policies and Policy section 919 ☐ ☐ ☒ procedures. Page 678 (g) Provisions for reporting suicides and suicides attempts. Policy section 900.9 ☐ ☐ ☒ Page:625 (h) Multi-disciplinary administrative review of suicides and Policy section 900.9 attempted suicides as defined by the facility ☐ ☐ ☒ Page 625/626 administrator. 1032 FIRE SUPPRESSION PREPLANNING Policy section: 921.2.2 // 921 Page: 680-683 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 Policy section: 921.2.2(A) department to be included as part of the policy and procedures Page: 680 ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a Daily cell checks documented // Audio checks monthly basis with two-year retention of the inspection ☒ ☐ ☐ are also documented. record; (c) fire prevention inspections as required by Health and Policy section: 921.2.1 Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Page: 680 inspections at least once every two years; Conducted 05/22/2020. 5251 Santa Clara Morgan Hill TH PRO 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) an evacuation plan; and, Policy section: 921.2.3(B) ☒ ☐ ☐ Page: 681 (e) a plan for the emergency housing of inmates in the case of Policy section: 921.2.3 ☒ ☐ ☐ fire. Page: 681 1044 INCIDENT REPORTS Policy section: 923.2.2 Page:684 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 Policy section: 923.2.2(A) involved, a description of the incident, the actions taken, and ☒ ☐ ☐ Page: 684 the date and time of the occurrence. Such a written record shall be prepared by the staff assigned Policy section: 923.2.2(B) to investigate the incident and submitted to the facility ☒ ☐ ☐ Page: 684 manager or his/her designee. Reports are due at the end of shifts. 1046 DEATH IN CUSTODY Policy section: 917.2.8 // 900.9 Page: 675 // 625 (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 Policy section: 917.2.8 clinical care; whether changes to policies, procedures, or Page:676 ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor Policy section: 917.2.8 In any case in which a minor dies while detained in a jail, ☐ ☐ ☐ Page: 675 lockup, or court holding facility: (1) The administrator of the facility shall provide to the Policy section: 917.2.8 Board a copy of the report submitted to the Attorney Page: 676 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 Policy section 917.2.8 administrator, the Board may within 30 calendar days Page 676 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. 5251 Santa Clara Morgan Hill TH PRO 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN Policy section: 907.1.2 Page: 651 (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 Policy section 907.1.2 // 907.1.3 for male or female inmates, and in making other housing and Page: 651 // 652 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 Policy section: 907.1.4 Page 653 The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ Any person with, or suspected of, procedures specifying those symptoms that require communicable disease is transported to the segregation of an inmate until a medical evaluation is hospital or county jail. completed. At the time of intake into the facility, an inquiry shall be Policy section: 907.1.4(B)(1) // 907.1.4(B)(3) made of the person being booked as to whether or not he/she Page: 653 // 654 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 Policy 919 Page: 678 The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and Prisoners who display suicidal behavior or signs procedures to identify and evaluate all mentally disordered of mental illness are transported to appropriate inmates, and may include telehealth. facility (hospital or county jail). If an evaluation from medical or mental health staff is not Policy 919 readily available, an inmate shall be considered mentally Page: 678 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. 5251 Santa Clara Morgan Hill TH PRO 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Segregation may be used if necessary to protect the safety of Policy section: 907.1.3(E)(4) ☐ ☐ ☒ the inmate or others. Page: 653 1053 ADMINISTRATIVE SEGREGATION Policy section: 907.1.5 Page: 654 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 Policy section: 907.1.5(B) secure housing but shall not involve any other deprivation of Page: 654 ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL No safety cell in this facility. Mentally ill prisoners are directly transported to the appropriate facility. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property The remainder of section is deleted. or reveals an intent to cause physical harm to self or others. 1056 USE OF SOBERING CELL Policy 915 Page: 668 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 Policy section: 915.2.1(E) are able to continue in the processing. ☒ ☐ ☐ Page: 668 In no case shall an inmate remain in a sobering cell over six Policy section: 915.2.2(B) hours without an evaluation by a medical staff person or an Page: 668 evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will Policy section: 900.8.1 receive an evaluation by responsible health care staff. Page: 625 Under no circumstances shall an inmate be held ☒ ☐ ☐ in a sobering cell for more than six hours without being evaluated by qualified medical personnel to ensure that the inmate does not have an urgent medical issue. 5251 Santa Clara Morgan Hill TH PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Intermittent direct visual observation of inmates held in the Policy section: 915.2.1(D) // 900.8.1(c) sobering cell shall be conducted no less than every half hour. Page: 668 // 625 Such observation shall be documented. Prisoners placed in the sobering cell shall be randomly checked by direct visual observation ☒ ☐ ☐ NO LESS THAN every 30 minutes, or more frequently as necessary due to the potential for undetected deteriorating medical conditions of intoxicated persons. 1057 DEVELOPMENTALLY DISABLED Policy 919 INMATES Page: 678 The facility administrator, in cooperation with the ☒ ☐ ☐ Prisoners who are developmentally disable are responsible physician, shall develop written policies and transported to appropriate facility (hospital or procedures for the identification and evaluation, appropriate county jail). classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional Occurs once individual is at county jail 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 Policy 913 // 900.6 Page: 667 // 624 The facility administrator, in cooperation with the Restraints are not used in the detention facility. responsible physician, shall develop written policies and ☒ ☐ ☐ Prisoners who require restraints are to be procedures for the use of restraint devices and may delegate transported to the county jail as soon as possible. authority to place an inmate in restraints to a responsible health care staff. Remainder of regulations will be deleted. 1058.5 RESTRAINTS AND PREGNANT INMATES Policy section 306.3.2 Page 57 The facility administrator, in cooperation with the responsible physician, shall develop written policies and In practice, know pregnant female will not be procedures for the use of restraint devices on pregnant restrained. inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: ☒ ☐ ☐ Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. Leg irons, waist chains, or handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property. (1) An inmate known to be pregnant or in recovery after Policy section 306.3.2 delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ Page 57 waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in Policy section 306.3.2 recovery after delivery, shall not be restrained by the Page 57 wrists, ankles, or both, unless deemed necessary for the No person who is in labor, delivery, or recovery safety and security of the inmate, the staff, or the public. after delivery shall be handcuffed or restrained ☒ ☐ ☐ except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee. 5251 Santa Clara Morgan Hill TH PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Restraints shall be removed when a professional Policy section 306.3.2 who is currently responsible for the medical care of a Page 57 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 Taken to County jail or released shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE Policy section: 900.5.5 Page: 622 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 Policy 909.2.6 Page 659 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 Taken to county jail or released ☐ ☐ ☒ regulations, and, (b) confidential consultation with attorneys. Policy section: 900.5.9(E) // 900.5.5 (C) // ☒ ☐ ☐ 909.2.6(B) Page: 622 // 623 // 659 1080 RULES AND DISCIPLINARY PENALTIES Policy 909.2.8 Page 660 Wherever discipline is administered, each facility ☒ ☐ ☐ administrator shall establish written rules and disciplinary penalties to guide inmate conduct. 5251 Santa Clara Morgan Hill TH PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? Policy 911 – Temporary detention of juveniles The Juvenile Justice and Delinquency Prevention Act Secure and nonsecure youth are held in a room which is (JJDPA) establishes the following federal standards on the outside the jail facility. 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. 5251 Santa Clara Morgan Hill TH PRO 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot