Santa Clara County, Morgan Hill Police Department (2020-2022 inspection cycle)

March 24, 2022 Shane Palsgrove, Chief of Police Morgan Hill Police Department 16200 Vineyard Blvd Morgan Hill, CA 95037 2020-2022 BIENNIAL INSPECTION OF MORGAN HILL POLICE DEPARTMENT, TEMPORARY HOLDING FACILITY, 6031 PC & 209 WIC Dear Chief Palsgrove On February 24, 2022, staff of the Board of State and Community Corrections (BSCC) conducted the 2020-2022 biennial inspection of the Morgan Hill Police Department’s Temporary Holding Facility. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations (CCR). In addition, BSCC staff conducted compliance monitoring pursuit to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The complete BSCC inspection report is enclosed and consists of: this transmittal letter; the Title 15 Procedures Checklist outlining applicable minimum standards for the facility; the Physical Plant Evaluation outlining Title 24 requirements for design of the facility; the Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Refer to the Title 15 Checklist for indication of compliance status and evidence used to determine compliance. We encourage the practice of maintaining a permanent file for historical copies of all inspections that would also include documentation of corrections made following the inspection. This file should be the first point of reference when preparing for all future inspections. LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Department 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 the reports from the County Health Department and the respective fire authorities for a comprehensive perspective of your facilities. Local inspection reports are forwarded to your Department under a separate cover. Each of the local inspections were current. March 24, 2022 Shane Palsgrove, Chief of Police Page 2 Inspection Date Fire and Life Safety 08/27/2021 Medical and Mental Health 10/08/2021 Environmental Health 10/08/2021 Nutrition N/A BSCC 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. Title 24, CCR Physical Plant There were no changes made to the physical plant. We found no items of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Corrective Action Plan No areas of non-compliance were noted, no corrective action required. Juvenile Justice and Delinquency Prevention Act Compliance The BSCC monitors local detention facilities for compliance with JJDPA. Minors are held in the facility, away from sight and sound of adult prisoners. We found no violations as it pertained to JJDPA. This concludes our inspection report for the 2020-2022 biennial inspection cycle of the Morgan Hill Police Department’s Temporary Holding Facility. If you should have any questions, please contact me at (916) 956-5968 or email at michael.bush@bscc.ca.gov. Sincerely, MICHAEL BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Morgan Hill* Presiding Judge, Superior Court, County of Santa Clara* Grand Jury Foreman, Superior Court, County of Santa Clara* Tyler Pecsok, Multi Service Officer, Morgan Hill Police Department * Complete copies of this inspection are available at www.bscc.ca.gov 5251 Santa Clara Morgan Hill THJ LTR 20-22 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 Tyler Pecsok FIELD REPRESENTATIVE: DATE: Michael Bush 02/24/2022 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 Pages 626 /648 Custodial personnel who supervise inmates in, and Officers are responsible for their own prisoners. supervisors of, a Court Holding or Temporary Holding All have attended the required 8 hours jail facility shall complete 8 hours of specialized training. Such course. 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 Pages 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 Pages 626 /648 in Section 1025, Continuing Professional Training may be ☒ ☐ ☐ substituted for the eight-hour refresher. Officers are being scheduled to attend the required jail refresher course. 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 THJ PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL Policy section: 900.3.2 // 905.2.3(A) Pages 617 // 648 A sufficient number of personnel shall be employed in each local detention facility to ensure the implementation and In addition to the implementation and operation operation of the programs and activities required by these ☒ ☐ ☐ of all programs and activities required by the regulations. regulations, another predicator for compliance with this section is the availability of staff to complete and document at least hourly safety checks. 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 Pages: 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 ☒ ☐ ☐ Pages: 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 Pages: 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 Pages: 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) Pages: 648 // 655 Safety checks shall be conducted at least hourly through ☒ ☐ ☐ direct visual observation of all inmates. There shall be no BSCC staff reviewed and verified 10 mos of more than a 60-minute lapse between safety checks. observation logs. Each log was within the regulation standard 60-mins time frame. 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 All staff have gone through the fire and life standards established by the BSCC for general fire and life safety training during their initial 8 hours safety. (Penal Code section 6030[e]) training course. 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. 5251 Santa Clara Morgan Hill THJ PRO 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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: (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 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 THJ PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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. (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 Policy section 919.2.2 prevention program developed by the facility administrator, Page:678 in conjunction with the health authority and mental health ☒ ☐ ☐ director, to identify, monitor, and provide treatment to those Mentally ill prisoners are transported directly to inmates who present a suicide risk. The program shall the Santa Clara County Jail. include the following: Remainder of section is deleted. 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; 5251 Santa Clara Morgan Hill THJ PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 07/23/2020 (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 ☒ ☐ ☐ No reported incidents which result in physical reporting of all incidents which result in physical harm, or harm, or serious threat of physical harm, to an serious threat of physical harm, to an employee or inmate of employee or inmate of a detention facility or a detention facility or other person. other person during this cycle. 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 THJ PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).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, communicable procedures specifying those symptoms that require disease is transported to the hospital or county segregation of an inmate until a medical evaluation is 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 THJ PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).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 THJ PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).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. Pages: 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 Pages: 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 THJ PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).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 Discipline does not occur in the facility. penalties to guide inmate conduct. 1081 PLAN FOR INMATE DISCIPLINE Policy 909.2.8 Page 660 If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections Discipline does not occur in the facility. 1080, 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: 1082 FORMS OF DISCIPLINE Policy 909.2.8 Page 660 The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule Discipline does not occur in the facility. infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following: (a) Loss of privileges. (b) Extra work detail. ☒ ☐ ☐ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 5251 Santa Clara Morgan Hill THJ PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY Policy 909.2.8 ACTIONS Page 660 The Penal Code and the State Constitution expressly Discipline does not occur in the facility. prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations: (a) If an inmate is on disciplinary separation status for 30 ☒ ☐ ☐ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. 1084 DISCIPLINARY RECORDS Policy 909.2.8 Page 660 Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered, ☒ ☐ ☐ Discipline does not occur in the facility. therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each. 1280 FACILITY SANITATION, SAFETY, AND MAINTENANCE The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of ☒ ☐ ☐ cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. 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. 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. 5251 Santa Clara Morgan Hill THJ PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A Jail Manual 911.2.6 D MINOR IN AN ADULT DETENTION FACILITY ☒ ☐ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES Jail Manual 911 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; ☒ ☐ ☐ 911.2.2 E et seq (b) use of restraints; ☒ ☐ ☐ 911.2.5 (c) emergency medical assistance and services; and ☒ ☐ ☐ 911.2.6 (d) prohibiting use of discipline. ☒ ☐ ☐ 911.2.8 1143 CARE OF MINORS IN TEMPORARY Jail Manual 911.2.1 CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ (2) one snack upon request during term of temporary Jail Manual 911.2.1 C 2 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 ☒ ☐ ☐ Jail Manual 911.2.1 C 3 (4) privacy during consultation with family, guardian, Jail Manual 911.2.1 C 4 ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the Jail Manual 911.2.3 F1 ☒ ☐ ☐ comfort of the minor; and (6) his or her personal clothing unless the clothing is Jail Manual 911.2.3.F 2 inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND Jail Manual 9112.2 ADULT PRISONERS ☒ ☐ ☐ 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, Jail Manual 911.2.2 A.B such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 5251 Santa Clara Morgan Hill THJ PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot 1145 DECISION ON SECURE CUSTODY Jail Manual 911..2.3A 1-2 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 Jail Manual 911.2.3G serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate ☒ ☐ ☐ supervision or protection of the minor; and (e) the age, type, and number of other individuals who ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY Jail Manual 911.2.3 While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE Jail Manual 911.2.3 CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; and ☒ ☐ ☐ (2) safety checks, as defined in Section 1006, of the minor by staff of the law enforcement facility, at ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 5251 Santa Clara Morgan Hill THJ PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot 1148 SUPERVISION OF MINORS IN SECURE Jail Manual 911.2.3E CUSTODY OUTSIDE OF A LOCKED ENCLOSURE 30 min checks. ☒ ☐ ☐ 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 Jail Manual 911.2.3 E 3 direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 Jail Manual 911.2.3 E 2 minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for Jail Manual 911.2.3 E 2 longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(b) ☒ ☐ ☐ 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- Jail Manual 911.2.4 A-C SECURE CUSTODY Jail Manual 911.2.4 C Jail Manual 911.2.7 Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF Jail Manual 911.2.6 B 1 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 Jail Manual 911.2.6 B 4. 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. 5251 Santa Clara Morgan Hill THJ PRO 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot 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. 5251 Santa Clara Morgan Hill THJ PRO 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION The Board of State and Community Corrections Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005 BSCC Code: 5251 FACILITY NAME: Morgan Hill Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: X 2005: OTHER: FIELD REPRESENTATIVE: Bill Crout DATE: 12/12/2017 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) X Contains a weapons locker, designed as outlined in these regulations. Contains a cell or room for confinement pending booking X Contains a detoxification cell (WA in TH; NA in CH) X 01: Name changed to “sobering cell.” 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available X 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running water X Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear ceiling X height of 8 feet or more Contains sufficient seating to accommodate all inmates X Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or more X Temporary Staging Cell or Room (2.3) X Holds inmates classified and segregated per Title 15 § 1050 and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X Contains 10 square feet of floor area per inmates and has a X clear ceiling height of 8 feet or more. Is at least 160 square feet X Contains sufficient seating to accommodate all inmates X Contains water closets (toilets), wash basins and drinking X fountains as specified by these regulations 5251 Santa Clara Morgan Hill THJ PHY 20-22 - 1 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Provides for clear visual supervision by staff X Detoxification/Sobering Cell (2.4) X 01: Name change to “sobering cell” Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear ceiling X height of 8 feet or more Contains a water closet (toilet) wash basin and drinking X fountain as specified by these regulations Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X 01: A shower is accessible in the secure portion of the X facility. Safety Cell (2.5) X Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the floor, X with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 X inches wide nor less than 24 inches long, which provide a view of the entire cell Has a food pass with lockable shutter no more than 4 inches X high and, with between 26 and 32 inches from the bottom of the food pass to the floor 01: Wall or ceiling mounted devices are inaccessible to X inmate occupant. Safety Equipment Storage (2.19) X Adequate space is provided to store equipment such as fire extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) X Lockable, containing a mop sink and storage space 01: Mop sink may be separate from janitors’ closet Audio or Visual Monitoring (2.22) X Voice activated. There is an audio monitoring system capable of alerting staff in a central control. When visual electronic surveillance is use, it is located primarily in corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. 5251 Santa Clara Morgan Hill THJ PHY 20-22 - 2 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Emergency Power (2.24) X There is an emergency power source available and capable of providing minimal lighting in all areas and maintaining fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) X Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in holding and staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) X Provide hot and cold or tempered water; provided at a ratio of 1:16 in holding and staging cells. See regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) X 2-99: Available in each temporary holding, staging and sobering cell. Water outlet (bubbler) is mechanically actuated and at an X angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the water outlet (bubbler). 2-99: Mouth guard requirement deleted Showers (3.4) (NA in CH) X Available in the security area; provide hot and cold or tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. Beds/Bunks (3.5) X (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches between pans; constructed of pan bottom type or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 01: Must be elevated off the floor. 5251 Santa Clara Morgan Hill THJ PHY 20-22 - 3 - A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Lighting (3.6) X Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. Lighting is centrally controlled and/or occupant controlled in housing cells or rooms. Light fixtures are of secure design. Windows (3.7) X Windows that are accessible to inmates are no greater than 5 inches in on dimension. Cell Padding (3.8) X The floors and partition are padded in detoxification- sobering cells. In safety cells, floors, doors, walls and everything on them are padded. All padded cells are equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at X least ½ inch thick; of a unitary or laminated construction; firmly bonded to all surfaces; and, without exposed seams. Seating (3.10) X Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) X A secure weapons locker is located outside the security perimeter of the facility and no weapons are brought into the security area. Lockers have individual compartments, locks and keys. Design Requirements (102(c)6) X Design requirements as specified in Title 24, Part 1, 102(c)6 are met. (See regulation for specific requirements. Note areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 5251 Santa Clara Morgan Hill THJ PHY 20-22 - 4 - A382 PHY CH-TH 94 99 01 05.dot (8/05) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION The Board of State and Community Corrections BSCC Code: 5251 FACILITY: Morgan Hill Police Department TYPE: THJ BRC: FIELD REPRESENTATIVE: Michael Bush DATE: 02/24/2022 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S A Holding 2001 1 (4) (4) 56 sq. ft. 1 1 1 84” bench B Sobering 2001 1 (3) (3) 60 sq. ft. 1 1 1 C Holding 2001 1 (2) (2) 65 sq. FT. 1 1 1 48” bench D Sobering 2001 1 (3) (3) 64 sq. ft. 1 1 1 E Holding 2001 1 (10) (10) 109 sq. ft. 1 1 1 Two benches – 108” total Juv 1 & 2 Secure 2001 2 (4) (8) 65 sq. ft. 1 1 1 Holding 96” bench in each room *T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ), it is not part of the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas. 5251 Santa Clara Morgan Hill THJ LAS 20-22 - 1 - A360 LAS Adult.dot (03/01)