Santa Clara County, Santa Clara PD (2020-2022 inspection cycle)

September 26, 2022 Patrick Nikolai, Chief of Police Santa Clara Police Department 601 El Camino Real Santa Clara, CA 95050 RE: 2020/2022 BIENNIAL INSPECTION, PENAL CODE 6031, WELFARE & INSTITUTION CODE209SANTA CLARA POLICE DEPARTMENT TEMPORARY HOLDING FACILITIES Dear Chief Nikolai, The 2020/2022 biennial inspection of the Santa Clara Police Department’s Temporary Holding Facilities has been completed. A pre-inspection briefing was held on June 21, 2022, and the facilities were inspected on August 3, 2022. The following facilities were inspected: Santa Clara Police Station Temporary Holding August 3, 2022 Levi Stadium Temporary Holding August 3, 2022 Pursuant to Penal Code Section 6031, these inspections were performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the separation requirements of juveniles from incarcerated adults. The complete Board of State and Community Corrections (BSCC) inspection report is enclosed and consists of the following: this transmittal letter; a Title 15 Procedures checklist, outlining applicable minimum standards for juvenile detention facilities; a Physical Plant Evaluation, outlining applicable Title 24 minimum standards; and the Living Area Space Evaluation (LASE), summarizing the physical plant configuration and outlining the rated capacity. Please refer to the Title 15 Procedures Checklist for a summary of all relevant minimum standards, indication of compliance or noncompliance, and information used to determine compliance. MANDATORY LOCAL INSPECTIONS In addition to the 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). Patrick Nikolai Chief of Police Page 2 Results of those inspections are considered a part of this report. The dates of the local inspections are listed below. We encourage the practice of maintaining a permanent file for historical copies of all inspections including documentation of corrections made following the inspection. FACILITY FIRE INSP. MEDICAL/MENTAL ENVIRONMENTAL NAME HEALTH HEALTH Santa Clara July 27, 2022 October 12, 2021 October 12, 2021 Police Station Levi Stadium Delayed due to October 12, 2021 October 12, 2021 COVID SCOPE OF THE INSPECTION Theinspection consisted of a review of the Santa Clara Police Department Policy and Procedure Manual1, a site visit to review operations, physical plant, relevant documentation, and interviews with administration, facility staff, inmates, and collaborative partners. BSCC INSPECTION RESULTS Title 15, CCR Minimum Standards Upon final review of all documentation, there are no outstanding items of noncompliance with Title 15 at the Santa Clara Police Station Temporary Holding. No corrective action is required at this time. There are some outstanding items of noncompliance with Title 15 at the Levi Stadium Temporary Holding facility: Title 15, Section 1027.5: Safety Check Documentation (Levi Stadium): 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 routine safety checks. BSCC Staff requested to review multiple months of safety checks of the holding areas of the facility. There were no records of safety checks maintained for this facility. Since the inspection, the staff at this facility has implemented to use of the safety check documents as those at the Santa Clara Police Department Holding. If continued and properly utilized, this should correct the lack of documentation. 1BSCC reviews only those policy and procedures required by, and applicable to, Title 15, CCR. BSCC staff do not “approve” policies and procedures or assess them for constitutional or legal issues. Agencies should seek review through their legal advisor, risk manager, and other persons deemed appropriate for such evaluation. 5225 5227 Santa Clara PD TH LTR 20-22 Patrick Nikolai Chief of Police Page 3 Title 15, Section 1032: Fire Suppression Preplanning (Levi Stadium): (c)Fire prevention inspections as required by Health and Safety Code Section 13146.1(a) and (b) which requires inspections at least once every two years. BSCC Staff requested to see the completed Fire Marshal or local fire department inspection report. There was not a current report available and was delayed due to COVID-19. Title 15, Section 1056: Use of Sobering Cell (Levi Stadium): Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. Such observation shall be documented. BSCC Staff requested to see documented visual observations of inmates held in the sobering cells. There were no records of safety checks maintained for this facility. Since the inspection, the staff at this facility has implemented to use of the safety check documents as those at the Santa Clara Police Department Holding. If continued and properly utilized, this should correct the lack of documentation. Title 24, CCR Physical Plant There were no changes made to the physical plant and your rated capacity remains unchanged. There are no outstanding items of noncompliance with Title 24 minimum standards at either the Santa Clara Police Station or Levi Stadium Holding Facilities. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring We reviewed all Minors in Detention Logs for both facilitiesand found no violations of the JJDPA. Please refer to Title 15 Procedures checklist for detailed information. CORRECTIVE ACTION PLAN: On August 3, 2022, BSCC staff held a Briefing with the staff at each of the facilities. During that briefing, BSCC staff provided an overview of the biennial inspection and provided technical assistance and best practice recommendations. BSCC staff reviewed your agency’s noncompliance issues found during the audit and onsite inspection. Your staff provided BSCC staff with a Corrective Action Plan (CAP) addressing these issues since the inspection. If the plans at Levi Stadium are followed, this should correct all issues identified above. -- This concludes the 2020/2022 biennial inspection report. We would like to express our gratitude to Sergeant Jonathan Pate, Sergeant Scott Mead, and Jail Service Officer Alex Quintero, who assisted during the inspection. We are available to assist as needed and happy to provide technical assistance when requested. We continue to look forward to working togetherwith your staff. Please do not hesitate to email me at dale.miller@bscc.ca.gov or call (916) 956-3679 if you have any questions. 5225 5227 Santa Clara PD TH LTR 20-22 Patrick Nikolai Chief of Police Page 4 Sincerely, DALE A. MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Santa Clara Santa Clara County Grand Jury Presiding Judge, Santa Clara County Superior Court* Chair, Juvenile Justice Commission, Santa Clara County* Johnathan Pate, Sergeant, Santa Clara Police Department** Scott Mead, Sergeant, Santa Clara Police Department** *Copies of full inspection are available at www.bscc.ca.gov **Submitted electronically 5225 5227 Santa Clara PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5225 FACILITY NAME: Santa Clara Police Department FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sergeant Johnathan Pate and Jail Services Officer (JSO) Alex Quintero FIELD REPRESENTATIVE: Dale Miller DATE: August 3, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Santa Clara Police Department Policy Manual HOLDING FACILITY TRAINING (PM) 900.12 Training Eight hours of specialized training shall include Custodial personnel who supervise inmates in, and but not be limited to the following: supervisors of, a Court Holding or Temporary Holding (a) Applicable minimum jail standards facility shall complete 8 hours of specialized training. Such (b) Jail operations liability training shall include, but not be limited to: (c) Inmate segregation (a) applicable minimum jail standards; (d) Emergency procedures and planning, fire (b) jail operations liability; ☒ ☐ ☐ safety, and life safety. (c) inmate segregation; (e) Suicide prevention (d) emergency procedures and planning, fire and life safety; and, BSCC Staff requested and received training (e) suicide prevention. records of Jail Services officers. All had Each agency shall determine if additional training is needed completed training required of this section. 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 PM 900.12 Training any event not more than six months after the date of assigned Department members responsible for responsibility, or the effective date of this regulation. supervising adults in temporary custody shall Successful completion of Core training or supplemental ☒ ☐ ☐ complete the Corrections Officer Core Course Core training, pursuant to Section 1020, Corrections Officer or eight hours of specialized training within six Core Course, may be substituted for the initial eight hours of months of assignment. training. Eight hours of refresher training shall be completed once PM 900.12 Training every two years. Successful completion of the requirements Eight hours of refresher training shall be in Section 1025, Continuing Professional Training may be ☒ ☐ ☐ completed once every two years. substituted for the eight-hour refresher. BSCC Staff reviewed Jail Services officers training. All had completed the training. 1027 NUMBER OF PERSONNEL PM 206 Staffing Levels The paramount concern is the need to meet A sufficient number of personnel shall be employed in each ☒ ☐ ☐ operational requirements of the Department. local detention facility to ensure the implementation and BSCC Staff reviewed duty assignments and operation of the programs and activities required by these rosters and there is adequate staffing for this regulations. facility and its operation. 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. 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at PM 900.3.2 Supervision in Temporary Custody least one employee on duty at all times in a local detention An authorized department member capable of facility or in the building which houses a local detention ☒ ☐ ☐ supervising shall be present at all times when an facility who shall be immediately available and accessible to individual is held in temporary custody. inmates in the event of an emergency. Such an employee shall not have any other duties which PM 900.3.2 Supervision in Temporary Custody would conflict with the supervision and care of inmates in The member responsible for supervising should ☒ ☐ ☐ the event of an emergency. not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more female inmates are in custody, there PM 900.3.2 Supervision in Temporary Custody shall be at least one female employee who shall be At least one female department member should immediately available and accessible to such females. be present when a female adult is in temporary Note: Reference PC§ 4021. ☒ ☐ ☐ 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 PM 900.3.3 Staffing Plan a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the BSCC Staff reviewed the facilities staffing plan facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ and found that the agency uses Jail Services reviewed by the Board staff at the time of their biennial Officers on every shift. Additionally, there are inspection. The results of such a review and trained sworn staff available to assist or recommendations shall be reported to the local jurisdiction backfill. having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS PM 900.8 Holding Cells (e) Safety checks by department members shall Safety checks shall be conducted at least hourly through ☒ ☐ ☐ occur no less than every 15 minutes. direct visual observation of all inmates. There shall be no BSCC Staff reviewed one year of safety checks more than a 60-minute lapse between safety checks. and found that the checks meet the state’s requirements. There is a written plan that includes the documentation of PM 900.5.1 Temporary Custody Logs ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF PM 900.3.3 Staffing Plan Ensure that at least one member who meets the Whenever there is an inmate in custody, there shall be at training standards established by the BSCC for least one person on duty at all times who meets the training ☒ ☐ ☐ general fire- and life-safety and is trained in standards established by the BSCC for general fire and life fire- and life-safety procedures relating safety. (Penal Code section 6030[e]) specifically to the facility is on-duty at all times. The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 5225 Santa Clara Santa Clara PD TH 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 Santa Clara Police Department Policy Manual, Chapter 9-Custody is used as the custody manual for this temporary holding facility. 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 The PM reflects that it was last reviewed or Title 24 regulations and shall be comprehensively reviewed updated on April 25, 2022. and updated at least every two years. Such a manual shall be made available to all employees. Other parts of the PM are used as part of this ☒ ☐ ☐ assessment and are referenced in this checklist. The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure BSCC Staff verified that the current manual confidentiality. Subsections c and d do not apply and have was readily available to agency staff. 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 PM 200 Organizational Structure and ☒ ☐ ☐ communications. Responsibility (2) Inspections and operations reviews by the facility PM 900.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. (m) Inspections and operations reviews (3) Policy on the use of force. ☒ ☐ ☐ PM 300 Use of Force (4) Policy on the use of restraint equipment, including the PM 302 Handcuffing and Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ PM 302.3.2 Restraint of Pregnant Persons Section 3407. (5) Procedure and criteria for screening newly received PM 411 Cite and Release Policy inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ PM 411.3.2 Release After Booking 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ PM 900.8.1 Temporary Custody Logs (B) searches of the facility and inmates, ☒ ☐ ☐ PM 901 Custody Searches (C) contraband control, and ☒ ☐ ☐ PM 900.8 Holding Cells (D) key control. PM 900.11 Assigned Administrator ☒ ☐ ☐ (b) Key control Each facility administrator shall, at least annually, review, PM 900.11 Assigned Administrator evaluate, and make a record of security measures. The review Annual review and evaluation of security and evaluation shall include internal and external security measures including internal and external measures of the facility including security measures specific security measures, sanitation, safety, and ☒ ☐ ☐ to prevention of sexual abuse and sexual harassment. maintenance. BSCC Staff requested and viewed the annual administrative security review. The memo was dated August 2, 2022. (7) Emergency procedures include: PM 900.11 Assigned Administrator (A) fire suppression preplans as required by section ☒ ☐ ☐ (g) Fire- and life-safety, including a fire 1032 of these regulations; suppression pre-plan as required. (B) escape, disturbances, and the taking of hostages; (e) Escapes ☒ ☐ ☐ PM 407.4.2 Hostage Situation (C) mass arrests; ☒ ☐ ☐ PM 430.9 Arrests (D) natural disasters; ☒ ☐ ☐ Emergency Operations Plan (E) periodic testing of emergency equipment; and ☒ ☐ ☐ (k) Periodic testing of emergency equipment 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (F) storage, issue, and use of weapons, ammunition, PM 900.5.7 Firearms and Other Security ☒ ☐ ☐ chemical agents, and related security devices. Measures (8) Suicide Prevention. ☒ ☐ ☐ PM 900.12 Training (9) Segregation of Inmates. ☒ ☐ ☐ PM 900.4.1 Screening and Placement (10) Zero tolerance in the prevention of sexual abuse and PM 902 Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond PM 902.4 Reporting Sexual Abuse, to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Harassment, and Retaliation any abuse. (e) The manual for Temporary Holding, Court Holding, PM 902.4 Reporting Sexual Abuse, Type I, II, III, and IV facilities shall provide for, but not be Harassment, and Retaliation limited to, the following: During intake, the Department shall notify all (1) multiple internal ways for inmates to privately report detainees and prisoners of the zero-tolerance sexual abuse and sexual harassment, retaliation by other policy regarding sexual abuse and sexual ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and of at least one way to report. harassment, and staff neglect or violation of BSCC Staff verified that PREA signs were responsibilities that may have contributed to such posted in the holding facility. These signs incidents, explain how to report sexual assault and sexual harassment. (2) a method for uninvolved inmates, family, 902.3 PREA Coordinator community members, and other interested third parties (l) Ensuring that information for uninvolved to report sexual abuse or sexual harassment. The inmates, family, community members, and method for reporting shall be publicly posted at the other interested third parties to report sexual facility. abuse or sexual harassment is publicly posted at ☒ ☐ ☐ the facility. BSCC Staff verified that PREA signs were posted in the public lobby of the facility. These signs explain how third parties can report sexual assault and sexual harassment. 1030 SUICIDE PREVENTION PROGRAM PM 900.4 Initiating Temporary Custody If there is any suspicion that the individual may The facility shall have a comprehensive written suicide be suicidal, he/she shall be transported to the prevention program developed by the facility administrator, ☒ ☐ ☐ City jail or the appropriate mental health in conjunction with the health authority and mental health facility. director, to identify, monitor, and provide treatment to those inmates who present a suicide risk. The program shall include the following: (a) Suicide prevention training for all staff that have direct PM 900.12 Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon PM 900.4 Initiating Temporary Custody intake and prior to housing assignment. ☒ ☐ ☐ BSCC Staff reviewed intake questionnaire and found suicide questions were included. (c) Provisions facilitating communication among PM 900.10 Release And/Or Transfer arresting/transporting officers, facility staff, medical and The department member transporting the mental health personnel in relation to suicide risk. ☒ ☐ ☐ individual shall ensure such risks are communicated to intake personnel at the other facility. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ (f) Suicide attempt and suicide intervention policies and PM 900.9 Suicide Attempt, Death, or Serious ☒ ☐ ☐ procedures. Injury (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (h) Multi-disciplinary administrative review of suicides and PM 900.9 Suicide Attempt, Death, or Serious attempted suicides as defined by the facility ☒ ☐ ☐ Injury administrator. (h) In-custody death reviews 1032 FIRE SUPPRESSION PREPLANNING PM 900.11 Assigned Administrator (g) Fire- and life-safety, including a fire Pursuant to Penal Code Section 6031.1(b), the facility suppression pre-plan as required by 15 CCR administrator shall consult with the local fire department ☒ ☐ ☐ 1032. 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 City of Santa Clara Emergency Operations Plan department to be included as part of the policy and procedures is an attachment to the PM. ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a BSCC Staff reviewed two years of facility staff monthly basis with two-year retention of the inspection completed monthly fire and life safety ☒ ☐ ☐ record; inspections. All meet the requirement of this section. (c) fire prevention inspections as required by Health and The Santa Clara Fire Department completed the Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ last fire inspection on July 27, 2022. inspections at least once every two years; (d) an evacuation plan; and Evacuation route is posted on the alarm panel in ☒ ☐ ☐ the jail office. (e) a plan for the emergency housing of inmates in the case of In case of emergency evacuation, persons are ☒ ☐ ☐ fire. released or transported to county jail. 1044 INCIDENT REPORTS PM 900.5.8 Reporting Physical Harm or Serious Threat of Physical Harm. Each facility administrator shall develop written policies and Any incident that results in physical harm or procedures for the maintenance of written records and ☒ ☐ ☐ serious threat of physical harm to a member, reporting of all incidents which result in physical harm, or person in custody, or any other person shall be serious threat of physical harm, to an employee or inmate of documented as stated in the Use of Force or a detention facility or other person. On-Duty Injuries policies, or other applicable reporting process. Such records shall include the names of the persons PM 323.2 Required Reporting 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 A copy of all reports generated regarding the to investigate the incident and submitted to the facility above circumstances shall be submitted as soon manager or his/her designee. as reasonably practicable. The Watch Commander will retain a record of these reports ☒ ☐ ☐ for inspection purposes. BSCC Staff requested to review all of reported incidents that occurred in the temporary holding facility. There were no incidents in the last year. 1046 DEATH IN CUSTODY PM 900.9 Suicide Attempt, Death, or Serious Injury (a) Death in Custody Reviews for Adults and Minors. The Field Operations Division Commander will ensure procedures are in place to address any The facility administrator, in cooperation with the health suicide attempt, death, or serious injury of any administrator, shall develop written policy and procedures ☒ ☐ ☐ individual in temporary custody at the Santa to ensure that there is an initial review of every in-custody Clara Police Department. death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health (h) In-custody death reviews administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor PM 312.12 Suicide Attempt, Death, or Serious In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Injury of a Juvenile lockup, or court holding facility: (1) The administrator of the facility shall provide to the (g) In the case of a death, providing a report to Board a copy of the report submitted to the Attorney the Attorney General under Government Code § General under Government Code Section 12525. A copy 12525 within 10 calendar days of the death, and ☒ ☐ ☐ of the report shall be submitted within 10 calendar days forwarding the same report to the Board of after the death. State and Community Corrections within the same time frame. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN PM 900.4.1 Screening and Placement (b) Evaluate the following issues against the (a) Each administrator of a temporary holding, Type I, II, or stated risks in III facility shall develop and implement a written (a) to determine the need for placing the classification plan designed to properly assign inmates to individual in a single cell: housing units and activities according to the categories of sex, 1. Consider whether the individual may be at a age, criminal sophistication, seriousness of crime charged, high risk of being sexually abused based on all physical or mental health needs, assaultive/non-assaultive available known information. behavior, risk of being sexually abused, or sexually harassed 2. Provide any individual identified as being at and other criteria which will provide for the safety of the ☒ ☐ ☐ a high risk for sexual or other victimization. inmates and staff. Such housing unit assignment shall be 3. Ensure individuals are separated according accomplished to the extent possible within the limits of the to severity of the crime. available number of distinct housing units or cells in a facility. 4. Ensure males and females are separated by sight and sound when in cells. The written classification plan shall be based on objective (d) Ensure separation, as appropriate, based on criteria and include receiving screening performed at the time other factors, such as age, criminal of intake by trained personnel, and a record of each inmate's sophistication, assaultive/non-assaultive classification level, housing restrictions, and housing behavior, mental state, disabilities, and sexual assignments. orientation. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area BSCC Staff reviewed the intake questions for male or female inmates, and in making other housing and asked of those in custody. A question regarding programming assignments, the agency shall consider on a the individual’s view of own view of safety in case-by-case basis whether a placement would ensure the the facility has been added. ☒ ☐ ☐ 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 PM 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the (h) Any individual who claims to have, is responsible physician, shall develop written policies and ☒ ☐ ☐ known to be afflicted with, or displays procedures specifying those symptoms that require symptoms of any communicable disease that segregation of an inmate until a medical evaluation is poses an unreasonable exposure risk. completed. 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be PM 900.3.1 Individuals Who Should Not Be In made of the person being booked as to whether or not he/she Temporary Custody has or has had any communicable diseases, such as Individuals should not be in temporary custody tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ at the Department unless they have been any other communicable diseases, or other special medical evaluated by a qualified medical or mental problem identified by the health authority. The response health professional, as appropriate for the shall be noted on the booking form and/or screening device. circumstances. 1052 MENTALLY DISORDERED INMATES PM 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the ☒ ☐ ☐ (k) Any individual who appears to be a danger responsible physician, shall develop written policies and to him/herself or others due to a mental disorder procedures to identify and evaluate all mentally disordered or who appears gravely disabled. inmates, and may include telehealth. If an evaluation from medical or mental health staff is not This is a temporary holding facility, and no one readily available, an inmate shall be considered mentally is held in this facility for 24 hours. 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. Segregation may be used if necessary to protect the safety of PM 900.4.1 Screening and Placement ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION PM 900.4.1 Screening and Placement (b) Evaluate the following issues against the Except in Type IV facilities, each facility administrator shall stated risks to determine the need for placing develop written policies and procedures which provide for the individual in a single cell: the administrative segregation of inmates who are 1. Consider whether the individual may be at a determined to be prone to: promote activity or behavior that high risk of being sexually abused based on all is criminal in nature or disruptive to facility operations; available known information, or whether the demonstrate influence over other inmates, including person is facing any other identified risk. influence to promote or direct action or behavior that is ☒ ☐ ☐ 2. Provide any individual identified as being at criminal in nature or disruptive to the safety and security of a high risk for sexual or other victimization other inmates or facility staff, as well as to the safe operation with heightened protection. of the facility; escape; assault, attempted assault, or 3. Ensure individuals are separated according to participation in a conspiracy to assault or harm other inmates severity of the crime. or facility staff; or likely to need protection from other 4. Ensure males and females are separated by inmates, if such administrative segregation is determined to sight and sound when in cells. be necessary in order to obtain the objective of protecting 5. Ensure restrained individuals are not placed the welfare of inmates and staff. in cells with unrestrained individuals. Administrative segregation shall consist of separate and 900.2 Custody Policy secure housing but shall not involve any other deprivation of Adults should be in temporary custody only for ☒ ☐ ☐ privileges than is necessary to obtain the objective of as long as reasonably necessary for protecting the inmates and staff. investigation, processing, transfer, or release. 1055 USE OF SAFETY CELL There is no safety cell as described in Title 24, Part 2, Section 1231.2.5, in this facility. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who All other items regarding Use of Safety Cell display behavior which results in the destruction of property have been removed from this checklist. or reveals an intent to cause physical harm to self or others. 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL PM 900.8.1 Use of Sobering Cell Inmates who are to be held in the Temporary The sobering cell described in Title 24, Part 2, Section Holding Facility and who present a threat to 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ their own safety or the safety of others due to threat to their own safety or the safety of others due to their their state of intoxication should be placed in a state of intoxication and pursuant to written policies and sobering cell. procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they PM 900.8.1 Use of Sobering Cell are able to continue in the processing. (e) Inmates will be removed from the cell when ☒ ☐ ☐ they no longer pose a threat to their own safety and the safety of others and are able to continue processing. In no case shall an inmate remain in a sobering cell over six PM 900.8.1 Use of Sobering Cell hours without an evaluation by a medical staff person or an (d) Under no circumstances shall an inmate be evaluation by custody staff, pursuant to written medical held in a sobering cell for more than six hours ☒ ☐ ☐ procedures in accordance with section 1213 of these without being evaluated by qualified medical regulations, to determine whether the prisoner has an urgent personnel to ensure that the inmate does not medical problem. have an urgent medical issue. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☒ ☐ ☐ Intermittent direct visual observation of inmates held in the (c) A safety check consisting of direct visual sobering cell shall be conducted no less than every half hour. observation sufficient to assess the inmate’s Such observation shall be documented. well-being and behavior shall occur at least once every 30 minutes. Each safety check shall be documented in the cell log. Supervisors shall ☒ ☐ ☐ check the logs for completeness every two hours and document this action on the cell log. BSCC Staff reviewed the last year of safety checks of the sobering cells. The checks meet the requirements of this section. 1057 DEVELOPMENTALLY DISABLED PM 900.3.1 Individuals Who Should Not Be In INMATES Temporary Custody (j) Any individual who is obviously The facility administrator, in cooperation with the ☒ ☐ ☐ developmentally disabled 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 This is a temporary holding facility, and no one center on any inmate suspected or confirmed to be is held in this facility for 24 hours. 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 PM 900.6 Use of Restraint Devices The use of restraints, other than handcuffs or The facility administrator, in cooperation with the leg irons, generally should not be used for responsible physician, shall develop written policies and ☒ ☐ ☐ individuals in temporary custody at the Santa procedures for the use of restraint devices and may delegate Clara Police Department unless the person authority to place an inmate in restraints to a responsible presents a heightened risk, and only in health care staff. compliance with the Handcuffing and Restraints Policy In addition to the areas specifically outlined in this In practice, anyone requiring restraints other regulation, at a minimum, the policy shall address the than security restraints will be taken to a ☐ ☐ ☒ following areas: medical facility or county jail. acceptable restraint devices; 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☒ ☐ ☐ PM 900.4.1 Screening and Placement provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a PM 302 Handcuffing and Restraints substitute for treatment. ☒ ☐ ☐ Restraint devices shall not be used to punish, to display authority, or as a show of force. Restraint devices shall only be used on inmates who display BSCC Staff requested to review all records of behavior which results in the destruction of property or use of the WRAP in the temporary holding reveal an intent to cause physical harm to self or others. facility over the last year. There were no Restraint devices include any devices which immobilize an incidents of a use of restraints. inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES PM 302 Handcuffing and Restraints PM 302.3.2 Restraint of Pregnant Persons The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) An inmate known to be pregnant or in recovery after PM 302.3.2 Restraint of Pregnant Persons delivery shall not be restrained by the use of leg irons, Leg irons, waist chains, or handcuffs behind the waist chains, or handcuffs behind the body. 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. (2) A pregnant inmate in labor, during delivery, or in PM 302.3.2 Restraint of Pregnant Persons recovery after delivery, shall not be restrained by the No person who is in labor, delivery, or recovery wrists, ankles, or both, unless deemed necessary for the after delivery shall be handcuffed or restrained safety and security of the inmate, the staff, or the public. ☒ ☐ ☐ except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she In practice, pregnant persons or those in shall be advised, orally or in writing, of the standards ☒ ☐ ☐ restraints do not stay in this temporary holding and policies governing pregnant inmates. facility. 1067 ACCESS TO TELEPHONE PM 900.5.5 Telephone Calls Immediately upon being booked and, except The facility administrator shall develop written policies and where physically impossible, no later than three procedures which allow reasonable access to a telephone ☒ ☐ ☐ hours after arrest, an individual in custody has beyond those telephone calls which are required by Section the right to make at least three completed calls 851.5 of the Penal Code. to an attorney, bail bondsman, and a relative or other person. 1068 ACCESS TO COURTS AND COUNSEL PM 900.5.5 Telephone Calls PM 900.5.2 Temporary Custody Requirements 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 This is a temporary holding facility and persons ☐ ☐ ☒ regulations, and are not held long enough to receive mail. (b) confidential consultation with attorneys. ☒ ☐ ☐ (f) There is privacy during attorney visits. 1080 RULES AND DISCIPLINARY PENALTIES PM 900.5.10 Discipline Discipline will not be administered to any Wherever discipline is administered, each facility individual in custody at this facility. Any administrator shall establish written rules and disciplinary ☐ ☐ ☒ individual in custody who repeatedly fails to penalties to guide inmate conduct. follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital. Such rules and disciplinary penalties shall be stated simply PM 900.5.10 Discipline and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ Discipline will not be administered to any and the booking area or issued to each inmate upon booking. individual in custody at this facility. For those inmates who are illiterate or unable to read All other items regarding Inmate Discipline English, and for persons with disabilities, provision shall be have been removed from this checklist. made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1280 FACILITY SANITATION, SAFETY, AND PM 900.11 Assigned Administrator MAINTENANCE The Field Operations Division Commander will ensure any reasonably necessary supplemental The facility administrator shall develop written policies and procedures are in place. procedures for the maintenance of an acceptable level of ☒ ☐ ☐ (c) Sanitation and maintenance cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping BSCC Staff walked through the entire holding tasks and inspections to identify and correct unsanitary or facility and found it to be clean and well unsafe conditions or work practices which may be found. maintained. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: ☒ ☐ (1) Deinstitutionalization of Status Offenders (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in Minors are detained in two rooms outside the adult secure detention in the jail. Title 15, Article 9 establishes temporary holding facility. 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. Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations:0 facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations:0 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations:0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis Number of violations: 0 for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: 0 law enforcement facility for longer than six hours. 5225 Santa Clara Santa Clara PD TH PRO 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot BOARD OF STATE AND COMMUNITY CORRECTIONS - BIENNIAL INSPECTION PHYSICAL PLANT EVALUATION ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 6/94; 2/99 Title 24, California Code of Regulations (CCR) BSCC Code: 5225 FACILITY NAME: Santa Clara Police Department Jail FACILITY TYPE: TH APPLICABLE REGULATIONS (Check All That Apply): 6/94: X 2/99: OTHER: FIELD REPRESENTATIVE: Dale Miller DATE: August 3, 2022 ARTICLE/SECTION YES NO N/A COMMENTS Reception and Booking (2.1) There is a gun locker in vehicle sally port. Gun  lockers are also located outside each of the sally port doors leading into the facility from the Contains a weapons locker, designed as outlined in these station. regulations. Contains a cell or room for confinement pending booking  Contains a detoxification cell (WA in TH; NA in CH) 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)  Shower room available  2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables  Telephone(s) available for inmate use (PC § 851.5)  Hands free phones in booking enclosures. 2-99: Unobstructed access to hot and cold running water  Temporary Holding Cell or Room (2.2)  Contains 10 square feet of floor area per inmate Holds no more than 16 inmates  Is not smaller than 40 square feet and has a clear ceiling  height of 8 feet or more Contains sufficient seating to accommodate all inmates  Bottom bunk can provide seating. Contains water closet (toilet), washbasin, and drinking  fountain Provides for clear visual supervision by staff  A bunk is provided if inmates are held 12 hours or more Each holding cell contains two bunks.  5225 Santa Clara Santa Clara PD TH PHY 20-22 - 1 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Temporary Staging Cell or Room (2.3) No cells of this type in the facility. The remainder of the regulation was deleted from this checklist. Holds inmates classified and segregated per Title 15 § 1050 and 1053  Detoxification Cell (2.4)  Contains 20 square feet of floor area per inmate Is limited to no more than 8 inmates  Is no smaller than 60 square feet and has a clear ceiling  height of 8 feet or more Contains a water closet (toilet) wash basin and drinking  fountain as specified by these regulations Has padded partitions located next to toilet fixtures  Provides for clear visual supervision by staff  Padding on floor  Safety Cell (2.5) No cell of this type in the facility. The remainder  of the regulation was deleted from this checklist. Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more Safety Equipment Storage (2.19) Adequate space is provided to store equipment such as fire  extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Located outside the secure facility.  Lockable, containing a mop sink and storage space Audio or Visual Monitoring (2.22) 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. Emergency Power (2.24) 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. 5225 Santa Clara Santa Clara PD TH PHY 20-22 - 2 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Attorney Interview Space (2.26)  Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) 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) 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) 2-99: Provided at a ratio of at least 1:16 in holding and  staging cells. Water outlet (bubbler) is mechanically actuated and at an 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) 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) (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. 5225 Santa Clara Santa Clara PD TH PHY 20-22 - 3 - A382 PHY CH-TH 94 99.dot (9/98) ARTICLE/SECTION YES NO N/A COMMENTS Lighting (3.6) 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) Windows that are accessible to inmates are no greater than 5  inches in on dimension. Cell Padding (3.8) The floors and partition are padded in detoxification 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 least ½ inch thick; of a unitary or laminated construction;  firmly bonded to all surfaces; and, without exposed seams. Mirrors/Shelves/Clothes Hooks (3.9)  A mirror of a material appropriate to the level of security is provided near each washbasin. Consistent with security needs, shelves and clothes hooks are provided wherever feasible.  2-99: Requirement for shelves and hooks deleted Clothes hooks are of a collapsible hook type 2-99: Requirement for hooks deleted  Seating (3.10) 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) (NA type IV and Minimum-Security Facilities) 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. 5225 Santa Clara Santa Clara PD TH PHY 20-22 - 4 - A382 PHY CH-TH 94 99.dot (9/98) BOARD OF STATE AND COMMUNITY CORRECTIONS- BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5225 FACILITY: Santa Clara Police Department Jail TYPE: TH BRC: 0 FIELD REPRESENTATIVE: Dale Miller DATE: August 3, 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 103 Sobering 1999 1 - (4) (4) 10.2’ x 8’ x 8.9’ 1 - 1 1 - 104 Holding 1999 1 2 (4) (4) 10.6’ X 8’ X 8.9’ 1 - 1 1 - Notes: No bench. Contains a double bunk; bottom bunk counted as seating for holding cell. When used as a holding cell the capacity is 4, if used as a sleeping cell the capacity is 2. (mattresses in room) 111 Holding 1999 1 2 (4) (4) 10.6’ X 8’ X 8.9’ 1 - 1 1 - Notes: No bench. Contains a double bunk; bottom bunk counted as seating for holding cell. When used as a holding cell the capacity is 4, if used as a sleeping cell the capacity is 2. 110 Sobering 1999 1 - (4) (4) 10.2’ x 8.5’ x 8.9’ 1 - 1 1 - Notes: The agency uses a cell as a sally port/staging area through which new arrestees are brought into the facility from the vehicle sally port. This cell is approximately 10.2’l x 11.7’w x 8.9’h. It contains an 8’ bench (16” wide and 18” high. It is not rated, as it does not contain toilet/wash facilities. There are also two booking enclosures (116 & 117). These areas are 6.4’l x 6.6’w x 8.9’h. There is a wall-mounted speakerphone in each room for inmate telephone calls. The enclosures have two concrete benches, one on each side of the room (6.4’ each). 2 Juvenile holding rooms, located outside of the secure jail, can be used for either non-secure or secure juveniles. There is also a shower/delousing room/handicap accessible bathroom in the facility, as well as an interview 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. 5225 Santa Clara Santa Clara PD TH LASE 20-22 - 1 - A360 LAS Adult.dot (9/98) TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5227 FACILITY NAME: Santa Clara Police Department – Levi Stadium FACILITY TYPE: TH PERSON(S) INTERVIEWED: Sergeant Johnathan Pate and Jail Service Officer (JSO) Alex Quintero FIELD REPRESENTATIVE: Dale Miller DATE: August 3, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Santa Clara Police Department Policy Manual HOLDING FACILITY TRAINING (PM) 900.12 Training Eight hours of specialized training shall include Custodial personnel who supervise inmates in, and but not be limited to the following: supervisors of, a Court Holding or Temporary Holding (a) Applicable minimum jail standards facility shall complete 8 hours of specialized training. Such (b) Jail operations liability training shall include, but not be limited to: (c) Inmate segregation (a) applicable minimum jail standards; (d) Emergency procedures and planning, fire (b) jail operations liability; ☒ ☐ ☐ safety, and life safety. (c) inmate segregation; (e) Suicide prevention (d) emergency procedures and planning, fire and life safety; and, When the facility is in use, the same Jail (e) suicide prevention. Services Officers that work the Police Each agency shall determine if additional training is needed Department temporary holding cover the Levi based upon, but not limited to, the complexity of the facility, Stadium holding. BSCC Staff verified that the the number of inmates, the employees' level of experience JSO’s training was current. and training, and other relevant factors Such training shall be completed as soon as practical, but in PM 900.12 Training any event not more than six months after the date of assigned Department members responsible for responsibility, or the effective date of this regulation. supervising adults in temporary custody shall Successful completion of Core training or supplemental ☒ ☐ ☐ complete the Corrections Officer Core Course Core training, pursuant to Section 1020, Corrections Officer or eight hours of specialized training within six Core Course, may be substituted for the initial eight hours of months of assignment. training. Eight hours of refresher training shall be completed once PM 900.12 Training every two years. Successful completion of the requirements ☒ ☐ ☐ Eight hours of refresher training shall be in Section 1025, Continuing Professional Training may be completed once every two years. substituted for the eight-hour refresher. 1027 NUMBER OF PERSONNEL PM 206 Staffing Levels The paramount concern is the need to meet A sufficient number of personnel shall be employed in each operational requirements of the Department. local detention facility to ensure the implementation and ☒ ☐ ☐ Staffing for the Stadium’s holding is operation of the programs and activities required by these determined on an event-based assessment. regulations. When needed, staff is provided from the police department holding facility. 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. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at PM 900.3.2 Supervision in Temporary Custody least one employee on duty at all times in a local detention An authorized department member capable of facility or in the building which houses a local detention ☒ ☐ ☐ supervising shall be present at all times when an facility who shall be immediately available and accessible to individual is held in temporary custody. inmates in the event of an emergency. Such an employee shall not have any other duties which PM 900.3.2 Supervision in Temporary Custody would conflict with the supervision and care of inmates in The member responsible for supervising should ☒ ☐ ☐ the event of an emergency. not have other duties that could unreasonably conflict with his/her supervision. Whenever one or more female inmates are in custody, there PM 900.3.2 Supervision in Temporary Custody shall be at least one female employee who shall be At least one female department member should immediately available and accessible to such females. be present when a female adult is in temporary Note: Reference PC§ 4021. ☒ ☐ ☐ 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 PM 900.3.3 Staffing Plan a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the Staffing for the Stadium’s holding is facility and their duties. Such a staffing plan shall be determined on an event-based assessment. reviewed by the Board staff at the time of their biennial ☒ ☐ ☐ When needed, staff is provided from the police inspection. The results of such a review and department holding facility. recommendations shall be reported to the local jurisdiction BSCC Staff reviewed staffing for events and having fiscal responsibility for the facility. determined that it was adequate for the facility and operation. 1027.5 SAFETY CHECKS PM 900.8 Holding Cells (e) Safety checks by department members shall Safety checks shall be conducted at least hourly through occur no less than every 15 minutes. direct visual observation of all inmates. There shall be no BSCC Staff requested to review all safety more than a 60-minute lapse between safety checks. checks conducted in the facility over the last ☐ ☒ ☐ year. There were no safety checks recorded. Since the inspection, the same holding safety checklist used in the Santa Clara Police Department temporary holding facility has been introduced and used in the Stadium temporary holding facility. There is a written plan that includes the documentation of PM 900.5.1 Temporary Custody Logs ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF PM 900.3.3 Staffing Plan Ensure that at least one member who meets the Whenever there is an inmate in custody, there shall be at training standards established by the BSCC for least one person on duty at all times who meets the training ☒ ☐ ☐ general fire- and life-safety and is trained in standards established by the BSCC for general fire and life fire- and life-safety procedures relating safety. (Penal Code section 6030[e]) specifically to the facility is on-duty at all times. The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 5227 Santa Clara Levi Stadium TH 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 Santa Clara Police Department Policy Manual, Chapter 9-Custody is used as the custody manual for this temporary holding facility. 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 The PM reflects that it was last reviewed or Title 24 regulations and shall be comprehensively reviewed updated on April 25, 2022. and updated at least every two years. Such a manual shall be made available to all employees. Other parts of the PM are used as part of this ☒ ☐ ☐ assessment and are referenced in this checklist. 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 PM 200 Organizational Structure and ☒ ☐ ☐ communications. Responsibility (2) Inspections and operations reviews by the facility PM 900.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. (m) Inspections and operations reviews (3) Policy on the use of force. ☒ ☐ ☐ PM 300 Use of Force (4) Policy on the use of restraint equipment, including the PM 302 Handcuffing and Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ PM 302.3.2 Restraint of Pregnant Persons Section 3407. (5) Procedure and criteria for screening newly received PM 411 Cite and Release Policy inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ PM 411.3.2 Release After Booking 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ PM 900.8.1 Temporary Custody Logs (B) searches of the facility and inmates, ☒ ☐ ☐ PM 901 Custody Searches (C) contraband control, and ☒ ☐ ☐ PM 900.8 Holding Cells (D) key control. PM 900.11 Assigned Administrator ☒ ☐ ☐ (b) Key control Each facility administrator shall, at least annually, review, PM 900.11 Assigned Administrator evaluate, and make a record of security measures. The review Annual review and evaluation of security and evaluation shall include internal and external security measures including internal and external measures of the facility including security measures specific security measures, sanitation, safety, and to prevention of sexual abuse and sexual harassment. ☒ ☐ ☐ maintenance. BSCC Staff requested to see the Annual Security Review. The last review was completed by the Administrator and was dated August 2, 2022. (7) Emergency procedures include: PM 900.11 Assigned Administrator (A) fire suppression preplan as required by section ☒ ☐ ☐ (g) Fire- and life-safety, including a fire 1032 of these regulations; suppression pre-plan as required. (B) escape, disturbances, and the taking of hostages; (e) Escapes ☒ ☐ ☐ PM 407.4.2 Hostage Situation (C) mass arrests; ☒ ☐ ☐ PM 430.9 Arrests (D) natural disasters; ☒ ☐ ☐ Emergency Operations Plan 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (E) periodic testing of emergency equipment; and (k) Periodic testing of emergency equipment ☒ ☐ ☐ Equipment is regularly inspected by Stadium maintenance staff. (F) storage, issue, and use of weapons, ammunition, PM 900.5.7 Firearms and Other Security ☒ ☐ ☐ chemical agents, and related security devices. Measures (8) Suicide Prevention. ☒ ☐ ☐ PM 900.12 Training (9) Segregation of Inmates. ☒ ☐ ☐ PM 900.4.1 Screening and Placement (10) Zero tolerance in the prevention of sexual abuse and PM 902 Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond PM 902.4 Reporting Sexual Abuse, to retaliation against any staff or inmate after reporting ☒ ☐ ☐ Harassment, and Retaliation any abuse. (e) The manual for Temporary Holding, Court Holding, PM 902.4 Reporting Sexual Abuse, Type I, II, III, and IV facilities shall provide for, but not be Harassment, and Retaliation limited to, the following: During intake, the Department shall notify all (1) multiple internal ways for inmates to privately report detainees and prisoners of the zero-tolerance sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ policy regarding sexual abuse and sexual inmates or staff for reporting sexual abuse and sexual harassment, and of at least one way to report. harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, 902.3 PREA Coordinator community members, and other interested third parties (l) Ensuring that information for uninvolved to report sexual abuse or sexual harassment. The inmates, family, community members, and method for reporting shall be publicly posted at the other interested third parties to report sexual facility. abuse or sexual harassment is publicly posted at ☒ ☐ ☐ the facility. BSCC Staff verified that there were signs posted in the holding area. These signs inform staff and those in custody on how to report sexual assault or sexual harassment. 1030 SUICIDE PREVENTION PROGRAM PM 900.4 Initiating Temporary Custody If there is any suspicion that the individual may The facility shall have a comprehensive written suicide be suicidal, he/she shall be transported to the prevention program developed by the facility administrator, City jail or the appropriate mental health in conjunction with the health authority and mental health ☒ ☐ ☐ facility. director, to identify, monitor, and provide treatment to those BSCC Staff verified that there were signs inmates who present a suicide risk. The program shall posted in the public area. These signs inform include the following: any third party on how to report sexual assault or sexual harassment. (a) Suicide prevention training for all staff that have direct PM 900.12 Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon PM 900.4 Initiating Temporary Custody intake and prior to housing assignment. ☒ ☐ ☐ BSCC Staff reviewed screening forms which include suicide risk questions. (c) Provisions facilitating communication among PM 900.10 Release And/Or Transfer arresting/transporting officers, facility staff, medical and The department member transporting the mental health personnel in relation to suicide risk. ☒ ☐ ☐ individual shall ensure such risks are communicated to intake personnel at the other facility. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ (f) Suicide attempt and suicide intervention policies and PM 900.9 Suicide Attempt, Death, or Serious ☒ ☐ ☐ procedures. Injury 5227 Santa Clara Levi Stadium TH PRO 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ (h) Multi-disciplinary administrative review of suicides and PM 900.9 Suicide Attempt, Death, or Serious attempted suicides as defined by the facility ☒ ☐ ☐ Injury administrator. (h) In-custody death reviews 1032 FIRE SUPPRESSION PREPLANNING PM 900.11 Assigned Administrator (g) Fire- and life-safety, including a fire Pursuant to Penal Code Section 6031.1(b), the facility suppression pre-plan as required by 15 CCR administrator shall consult with the local fire department ☒ ☐ ☐ 1032 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 During events, there is on-site fire department. department to be included as part of the policy and procedures ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section 1029); (b) regular fire prevention inspections by facility staff on a BSCC Staff reviewed two years of month fire monthly basis with two-year retention of the inspection ☒ ☐ ☐ and life safety inspections conducted by the site record; supervisor. (c) fire prevention inspections as required by Health and The local fire department inspected the Stadium Safety Code Section 13146.1(a) and (b) which requires ☐ ☒ ☐ and holding area has not been completed due to inspections at least once every two years; the COVID-19 Emergency Actions. (d) an evacuation plan; and ☒ ☐ ☐ Evacuation plans are posted. (e) a plan for the emergency housing of inmates in the case of In case of emergency evacuation, persons are ☒ ☐ ☐ fire. released or transported to county jail. 1044 INCIDENT REPORTS PM 900.5.8 Reporting Physical Harm or Serious Threat of Physical Harm. Each facility administrator shall develop written policies and Any incident that results in physical harm or procedures for the maintenance of written records and ☒ ☐ ☐ serious threat of physical harm to a member, reporting of all incidents which result in physical harm, or person in custody, or any other person shall be serious threat of physical harm, to an employee or inmate of documented as stated in the Use of Force or a detention facility or other person. On-Duty Injuries policies, or other applicable reporting process. Such records shall include the names of the persons PM 323.2 Required Reporting 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 A copy of all reports generated regarding the to investigate the incident and submitted to the facility above circumstances shall be submitted as soon manager or his/her designee. as reasonably practicable. The Watch Commander will retain a record of these reports ☒ ☐ ☐ for inspection purposes. BSCC Staff requested to review all reports of incidents that took place in the Temporary Holding during the last year. There were no reported incidents. 1046 DEATH IN CUSTODY PM 900.9 Suicide Attempt, Death, or Serious Injury (a) Death in Custody Reviews for Adults and Minors. The Field Operations Division Commander will ensure procedures are in place to address any The facility administrator, in cooperation with the health suicide attempt, death or serious injury of any administrator, shall develop written policy and procedures ☒ ☐ ☐ individual in temporary custody at the Santa to ensure that there is an initial review of every in-custody Clara Police Department. death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health (h) In-custody death reviews administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor PM 312.12 Suicide Attempt, Death or Serious In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Injury of a Juvenile lockup, or court holding facility: (1) The administrator of the facility shall provide to the (g) In the case of a death, providing a report to Board a copy of the report submitted to the Attorney the Attorney General under Government Code § General under Government Code Section 12525. A copy 12525 within 10 calendar days of the death, and ☒ ☐ ☐ of the report shall be submitted within 10 calendar days forwarding the same report to the Board of after the death. State and Community Corrections within the same time frame. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN PM 900.4.1 Screening and Placement (b) Evaluate the following issues against the (a) Each administrator of a temporary holding, Type I, II, or stated risks in III facility shall develop and implement a written (a) to determine the need for placing the classification plan designed to properly assign inmates to individual in a single cell: housing units and activities according to the categories of sex, 1. Consider whether the individual may be at a age, criminal sophistication, seriousness of crime charged, high risk of being sexually abused based on all physical or mental health needs, assaultive/non-assaultive available known information. behavior, risk of being sexually abused, or sexually harassed 2. Provide any individual identified as being at and other criteria which will provide for the safety of the ☒ ☐ ☐ a high risk for sexual or other victimization. inmates and staff. Such housing unit assignment shall be 3. Ensure individuals are separated according accomplished to the extent possible within the limits of the to severity of the crime. available number of distinct housing units or cells in a facility. 4. Ensure males and females are separated by sight and sound when in cells. The written classification plan shall be based on objective (d) Ensure separation, as appropriate, based on criteria and include receiving screening performed at the time other factors, such as age, criminal of intake by trained personnel, and a record of each inmate's sophistication, assaultive/non-assaultive classification level, housing restrictions, and housing behavior, mental state, disabilities, and sexual assignments. orientation. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES PM 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the (h) Any individual who claims to have, is responsible physician, shall develop written policies and ☒ ☐ ☐ known to be afflicted with, or displays procedures specifying those symptoms that require symptoms of any communicable disease that segregation of an inmate until a medical evaluation is poses an unreasonable exposure risk completed. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS At the time of intake into the facility, an inquiry shall be PM 900.3.1 Individuals Who Should Not Be In made of the person being booked as to whether or not he/she Temporary Custody has or has had any communicable diseases, such as Individuals should not be in temporary custody tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ at the Department unless they have been any other communicable diseases, or other special medical evaluated by a qualified medical or mental problem identified by the health authority. The response health professional, as appropriate for the shall be noted on the booking form and/or screening device. circumstances. 1052 MENTALLY DISORDERED INMATES PM 900.3.1 Individuals Who Should Not Be In Temporary Custody The facility administrator, in cooperation with the ☒ ☐ ☐ (k) Any individual who appears to be a danger responsible physician, shall develop written policies and to him/herself or others due to a mental procedures to identify and evaluate all mentally disordered disorder, or who appears gravely disabled. inmates, and may include telehealth. If an evaluation from medical or mental health staff is not This is a temporary holding facility, and no one readily available, an inmate shall be considered mentally is held in this facility for 24 hours. 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. Segregation may be used if necessary to protect the safety of PM 900.4.1 Screening and Placement ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION PM 900.4.1 Screening and Placement (b) Evaluate the following issues against the Except in Type IV facilities, each facility administrator shall stated risks to determine the need for placing develop written policies and procedures which provide for the individual in a single cell: the administrative segregation of inmates who are 1. Consider whether the individual may be at a determined to be prone to: promote activity or behavior that high risk of being sexually abused based on all is criminal in nature or disruptive to facility operations; available known information, or whether the demonstrate influence over other inmates, including person is facing any other identified risk. influence to promote or direct action or behavior that is ☒ ☐ ☐ 2. Provide any individual identified as being at criminal in nature or disruptive to the safety and security of a high risk for sexual or other victimization other inmates or facility staff, as well as to the safe operation with heightened protection. of the facility; escape; assault, attempted assault, or 3. Ensure individuals are separated according to participation in a conspiracy to assault or harm other inmates severity of the crime. or facility staff; or likely to need protection from other 4. Ensure males and females are separated by inmates, if such administrative segregation is determined to sight and sound when in cells. be necessary in order to obtain the objective of protecting 5. Ensure restrained individuals are not placed the welfare of inmates and staff. in cells with unrestrained individuals. Administrative segregation shall consist of separate and 900.2 Custody Policy secure housing but shall not involve any other deprivation of Adults should be in temporary custody only for ☒ ☐ ☐ privileges than is necessary to obtain the objective of as long as reasonably necessary for protecting the inmates and staff. investigation, processing, transfer, or release. 1055 USE OF SAFETY CELL There is no safety cell as described in Title 24, Part 2, Section 1231.2.5, in this facility. The safety cell described in Title 24, Part 2, Section ☐ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who All other items regarding Use of Safety Cell display behavior which results in the destruction of property have been removed from this checklist. or reveals an intent to cause physical harm to self or others. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1056 USE OF SOBERING CELL PM 900.8.1 Use of Sobering Cell Inmates who are to be held in the Temporary The sobering cell described in Title 24, Part 2, Section Holding Facility and who present a threat to 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ their own safety or the safety of others due to threat to their own safety or the safety of others due to their their state of intoxication should be placed in a state of intoxication and pursuant to written policies and sobering cell. procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they PM 900.8.1 Use of Sobering Cell are able to continue in the processing. (e) Inmates will be removed from the cell when ☒ ☐ ☐ they no longer pose a threat to their own safety and the safety of others and are able to continue processing. In no case shall an inmate remain in a sobering cell over six PM 900.8.1 Use of Sobering Cell hours without an evaluation by a medical staff person or an (d) Under no circumstances shall an inmate be evaluation by custody staff, pursuant to written medical held in a sobering cell for more than six hours ☒ ☐ ☐ procedures in accordance with section 1213 of these without being evaluated by qualified medical regulations, to determine whether the prisoner has an urgent personnel to ensure that the inmate does not medical problem. have an urgent medical issue. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☒ ☐ ☐ Intermittent direct visual observation of inmates held in the (c) A safety check consisting of direct visual sobering cell shall be conducted no less than every half hour. observation sufficient to assess the inmate’s Such observation shall be documented. well-being and behavior shall occur at least once every 30 minutes. Each safety check shall be documented in the cell log. Supervisors shall check the logs for completeness every two hours and document this action on the cell log. ☐ ☒ ☐ BSCC Staff requested to review all safety checks conducted in the facility over the last year. There were no safety checks recorded. Since the inspection, the same holding safety checklist used in the Santa Clara Police Department temporary holding facility has been introduced and used in the Stadium temporary holding facility. 1057 DEVELOPMENTALLY DISABLED PM 900.3.1 Individuals Who Should Not Be In INMATES Temporary Custody (j) Any individual who is obviously The facility administrator, in cooperation with the ☒ ☐ ☐ developmentally disabled 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 This is a temporary holding facility, and no one center on any inmate suspected or confirmed to be is held in this facility for 24 hours. developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES PM 900.6 Use of Restraint Devices The use of restraints, other than handcuffs or The facility administrator, in cooperation with the leg irons, generally should not be used for responsible physician, shall develop written policies and ☒ ☐ ☐ individuals in temporary custody at the Santa procedures for the use of restraint devices and may delegate Clara Police Department unless the person authority to place an inmate in restraints to a responsible presents a heightened risk, and only in health care staff. compliance with the Handcuffing and Restraints Policy In addition to the areas specifically outlined in this In practice, anyone requiring restraints other regulation, at a minimum, the policy shall address the than security restraints will be taken to a ☐ ☐ ☒ following areas: medical facility or county jail. acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☒ ☐ ☐ PM 900.4.1 Screening and Placement provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display In practice, anyone requiring restraints other behavior which results in the destruction of property or than security restraints will be taken to a reveal an intent to cause physical harm to self or others. medical facility or county jail. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☐ ☐ ☒ County Sheriff transportation is present during ambulatory. events at the Stadium. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058.5 RESTRAINTS AND PREGNANT INMATES PM 302 Handcuffing and Restraints PM 302.3.2 Restraint of Pregnant Persons The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices on pregnant inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: (1) An inmate known to be pregnant or in recovery after PM 302.3.2 Restraint of Pregnant Persons delivery shall not be restrained by the use of leg irons, Leg irons, waist chains, or handcuffs behind the waist chains, or handcuffs behind the body. 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. (2) A pregnant inmate in labor, during delivery, or in PM 302.3.2 Restraint of Pregnant Persons recovery after delivery, shall not be restrained by the No person who is in labor, delivery, or recovery wrists, ankles, or both, unless deemed necessary for the after delivery shall be handcuffed or restrained safety and security of the inmate, the staff, or the public. ☒ ☐ ☐ except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others. (3) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☒ ☐ ☐ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☒ ☐ ☐ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE PM 900.5.5 Telephone Calls Immediately upon being booked and, except The facility administrator shall develop written policies and where physically impossible, no later than three procedures which allow reasonable access to a telephone ☒ ☐ ☐ hours after arrest, an individual in custody has beyond those telephone calls which are required by Section the right to make at least three completed calls 851.5 of the Penal Code. to an attorney, bail bondsman, and a relative or other person. 1068 ACCESS TO COURTS AND COUNSEL PM 900.5.5 Telephone Calls PM 900.5.2 Temporary Custody Requirements 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 This is a temporary holding facility and persons ☐ ☐ ☒ regulations, and are not held long enough to receive mail. (b) confidential consultation with attorneys. ☒ ☐ ☐ (f) There is privacy during attorney visits. 1080 RULES AND DISCIPLINARY PENALTIES PM 900.5.10 Discipline Discipline will not be administered to any Wherever discipline is administered, each facility individual in custody at this facility. Any administrator shall establish written rules and disciplinary ☐ ☐ ☒ individual in custody who repeatedly fails to penalties to guide inmate conduct. follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital. Such rules and disciplinary penalties shall be stated simply PM 900.5.10 Discipline and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ Discipline will not be administered to any and the booking area or issued to each inmate upon booking. individual in custody at this facility. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS For those inmates who are illiterate or unable to read All other items regarding Inmate Discipline English, and for persons with disabilities, provision shall be have been removed from this checklist. made for the jail staff to instruct them verbally or provide ☐ ☐ ☒ them with material in an understandable form regarding jail rules and disciplinary procedures and penalties. 1280 FACILITY SANITATION, SAFETY, AND PM 900.11 Assigned Administrator MAINTENANCE The Field Operations Division Commander will ensure any reasonably necessary supplemental The facility administrator shall develop written policies and procedures are in place. procedures for the maintenance of an acceptable level of ☒ ☐ ☐ (c) Sanitation and maintenance cleanliness, repair and safety throughout the facility. Such a Maintenance and janitorial services are plan shall provide for a regular schedule of housekeeping provided by the Stadium management. BSCC tasks and inspections to identify and correct unsanitary or Staff walked the entire facility and found it unsafe conditions or work practices which may be found. clean and well maintained. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? If YES, see attached JJDPA Compliance Monitoring Inspection Report. The Juvenile Justice and Delinquency Prevention Act (JJDPA) establishes the following federal standards on the detention of minors: (1) Deinstitutionalization of Status Offenders ☒ ☐ (2) Separation (3) Jail Removal (6-hour limit) The JJDPA requires an annual inspection on the federal standards for facilities that hold minors in secure detention. Are minors held in the jail cells? If YES, see remaining document for Title 15, Article 9 inspection. Penal Code Section 6030 and 6031.4 require the biennial inspection of local detention facilities that hold minors in secure detention in the jail. Title 15, Article 9 establishes the minimum standards of how facilities hold minors in ☒ ☐ temporary custody in the jail. Facilities that do not hold minors in the jail are not subject to Title 15, Article 9 biennial inspections. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 11 - 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 PM 312.2 Policy MINOR IN AN ADULT DETENTION Juveniles should be held in temporary custody FACILITY only for as long as reasonably necessary for processing, transfer, or release, and not longer ☒ ☐ ☐ than 6 hours. 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 PM 312 Temporary Custody of Juveniles The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; PM 312.13.2 Suicide Prevention of Juveniles in ☒ ☐ ☐ Custody (b) use of restraints; ☒ ☐ ☐ PM 312.9 Use of Restraint Devices (c) emergency medical assistance and services; and PM 312.3.1 Emergency Medical Care of ☒ ☐ ☐ Juveniles in Custody (d) prohibiting use of discipline. PM 312.8 Temporary Custody Requirements (o) No discipline may be administered to any ☒ ☐ ☐ juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse 1143 CARE OF MINORS IN TEMPORARY 312.8 Temporary Custody Requirements CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; (e) Juveniles shall have reasonable access to ☒ ☐ ☐ toilets and wash basins (2) one snack upon request during term of temporary (f) Food shall be provided if a juvenile has not custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ eaten within the past four hours. hours or is otherwise in need of nourishment; (3) access to drinking water; and (g) Juveniles shall have reasonable access to a ☒ ☐ ☐ drinking fountain or water (4) privacy during consultation with family, guardian, (i) Juveniles shall have privacy during family, ☒ ☐ ☐ and/or lawyer. guardian, and/or lawyer visits (5) blankets and clothing, as necessary, to assure the (k) Blankets shall be provided as reasonably ☒ ☐ ☐ comfort of the minor; and necessary (6) his or her personal clothing unless the clothing is (j) Juveniles shall be permitted to remain in inadequate, presents a health or safety problem, or is their personal clothing unless the clothing is ☒ ☐ ☐ required to be utilized as evidence of an offense. taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody. 1144 CONTACT BETWEEN MINORS AND PM 312.7 No-Contact Requirements ADULT PRISONERS Sight and sound separation shall be maintained between all juveniles and adults while in ☒ ☐ ☐ The facility administrator shall establish policies and custody at the Department. procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 12 - 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 In situations where brief or accidental contact may occur, PM 312.7 No-Contact Requirements such as booking or facility movement, facility staff (trained In situations where brief or accidental contact in the supervision of inmates) shall maintain a constant, side- may occur, a member of the department shall ☒ ☐ ☐ by-side presence with the minor or the adult to prevent maintain a constant, immediate, side-by-side sustained contact. presence with the juvenile or the adult to minimize any contact. 1145 DECISION ON SECURE CUSTODY PM 312.11 Secure Custody Only juvenile offenders 14 years of age or older A minor who is taken into temporary custody by a peace may be placed in secure custody. Watch officer on the basis that he or she is a person described by Commander approval is required before placing Section 602 of the Welfare and Institutions Code may be held a juvenile offender in secure custody. in secure custody in a law enforcement facility that contains a Secure custody should only be used for juvenile lockup for adults if the minor is 14 years of age or older and offenders when there is a reasonable belief that if, in the reasonable belief of the peace officer, the minor the juvenile is a serious risk of harm to presents a serious security risk of harm to self or others, as him/herself or others. 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 PM 312.11 Secure Custody serious security risk of harm to self or others, the officer may Factors to be considered when determining if take into account the following factors: ☒ ☐ ☐ the juvenile offender presents a serious security (a) age, maturity, and delinquent history of the minor; risk to him/herself or others: (a) Age, maturity, and delinquent history (b) severity of the offense(s) for which the minor was (b) Severity of offense for which the juvenile ☒ ☐ ☐ taken into custody; was taken into custody. (c) minor's behavior, including the degree to which the (c) The juvenile offender’s behavior ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate (d) Availability of staff to provide adequate supervision or protection of the minor; and ☒ ☐ ☐ supervision or protection of the juvenile offender (e) the age, type, and number of other individuals who (e) Age, type, and number of other individuals ☒ ☐ ☐ are detained in the facility. in custody at the facility 1146 CONDITIONS OF SECURE CUSTODY PM 312.11 Secure Custody When practicable and when no locked While in secure custody, minors may be locked in a room or enclosure is available, handcuffing one hand of other secure enclosure, secured to a cuffing rail, or otherwise ☒ ☐ ☐ a juvenile offender to a fixed object while reasonably restrained as necessary to prevent escape and otherwise maintaining the juvenile in non- protect the minor and others from harm. secure custody should be considered as the method of secure custody. 1147 SUPERVISION OF MINORS IN SECURE PM 312.11.1 Locked Enclosures CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: 5227 Santa Clara Levi Stadium TH PRO 20-22 - 13 - 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 (1) constant auditory access to staff by the minor; and (a) The juvenile shall constantly be monitored ☒ ☐ ☐ by an audio/video system during the entire custody. (2) safety checks, as defined in Section 1006, of the (d) Unscheduled safety checks to provide for minor by staff of the law enforcement facility, at the health and welfare of the juvenile by a staff ☒ ☐ ☐ least once every 30 minutes, which shall be member, no less than once every 15 minutes, documented. shall occur (b) Males and females shall not be placed in the same (e) Males and females shall not be placed in the locked room unless under constant direct visual ☒ ☐ ☐ same locked room. observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE PM 312.11 Secure Custody CUSTODY OUTSIDE OF A LOCKED Juveniles shall not be secured to a stationary ENCLOSURE object for more than 60 minutes. ☒ ☐ ☐ 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 PM 312.11 Secure Custody direct visual observation to assure the minor's safety while An employee must be present at all times to ☒ ☐ ☐ secured to a stationary object. ensure the juvenile’s safety while secured to a stationary object. Securing minors to a stationary object for longer than 60 PM 312.11 Secure Custody minutes, and every 30 minutes thereafter, shall be Supervisor approval is required to secure a ☒ ☐ ☐ approved by a supervisor. juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter. The decision for securing a minor to a stationary object for PM 312.11 Secure Custody longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ Supervisor approval should be documented. be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE PM 312.4.3 Custody of Juvenile Offenders CUSTODY Juvenile offenders should be held in non-secure custody while at the Santa Clara Police Minors held in temporary custody, who do not meet the Department unless another form of custody is criteria for secure custody as specified in Section 207.1(d) authorized by this policy or is necessary due to of the Welfare and Institutions Code, may be held in non- exigent circumstances. secure custody to investigate the case, facilitate release of In all other cases the juvenile offender may be: the minor to a parent or guardian, or arrange for transfer of (a) Released upon warning or citation. ☒ ☐ ☐ the minor to an appropriate juvenile facility. (b) Released to a parent or other responsible adult after processing at the Department. (c) Referred to a probation officer for a decision regarding whether to transport the juvenile offender to a juvenile facility. (d) Transported to his/her home or to the place where the juvenile offender was taken into custody 5227 Santa Clara Levi Stadium TH PRO 20-22 - 14 - 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 1150 SUPERVISION OF MINORS IN NON- PM 312.1.1 Definitions-Non-Secure Custody SECURE CUSTODY When held, a juvenile is held in the presence of an officer or other custody employee at all Minors held in non-secure custody shall receive constant times and is not placed in a locked room, cell, direct visual observation by staff of the law enforcement ☒ ☐ ☐ or behind any locked doors. Personal facility. Entry and release times shall be documented and supervision, through direct visual monitoring made available for review. Monitoring a minor using and audio two-way communication is audio, video, or other electronic devices shall never replace maintained. constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF PM 312.3 Juveniles Who Should Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR (d) We currently do not accept any intoxicated NON-SECURE CUSTODY juvenile. Facility administrators shall develop policies and procedures ☐ ☐ ☒ Officers taking custody of a juvenile who providing that a medical clearance shall be obtained for exhibits any of the above conditions should take minors who are under the influence of drugs, alcohol or any reasonable steps to provide medical attention or other intoxicating substance to the extent that they are unable mental health assistance and notify a supervisor to care for themselves. of the situation. 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. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(d) as they pertain to the detention of minors. The following section is only completed when BSCC has reason to believe that the facility is out of compliance with one or more of its provisions (WIC 209[b]). WELFARE AND INSTITUTIONS CODE VIOLATION N/A P/P/REFERENCE - COMMENTS SECTION 207.1 NO YES 207.1(d)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations:0 facility. 207.1(d)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations:0 207.1(d)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations:0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(d)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(d)(1)(F) LOGS A log or other written record is maintained by the law enforcement agency showing the offense that is the basis Number of violations:0 for the secure detention in the facility, the reasons and ☒ ☐ ☐ circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: 0 law enforcement facility for longer than six hours. 5227 Santa Clara Levi Stadium TH PRO 20-22 - 16 - 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; 2008; 2010, 2013, 2017 BSCC Code: 5227 FACILITY NAME: Santa Clara PD-Levi Stadium FACILITY TYPE: TH 6/94: ☐ 2/99: ☐ 2001: ☐ 2005: ☐ 2008: ☐ 2010: ☐ APPLICABLE REGULATIONS (Check All That Apply): 2013: ☒ 2017: ☐ ☐ ☐ ☐ FIELD REPRESENTATIVE: Dale Miller DATE: August 3, 2022 TITLE 24 SECTION YES NO N/A COMMENTS The design of court holding and temporary holding facilities shall include the following required spaces from Sections 1231.2.2, 1231.2.19, 1231.2.20, 1231.2.21, 1231.2.22, 1231.2.24 and 1231.2.26. 1231.2.2 Temporary holding cell or room. A temporary holding cell or room shall: ☒ ☐ ☐ 1. Contain a minimum of 10 square feet (0.93 m2) of floor area per inmate; 2. Be limited to no more than 16 inmates; ☒ ☐ ☐ 3. Be no smaller than 40 square feet (3.7 m2) and have a ☒ ☐ ☐ clear ceiling height of 8 feet (2438 mm) or more; 4. Contain seating to accommodate all inmates as ☒ ☐ ☐ required in Section 1231.3; 5. Contain a toilet, wash basin and drinking fountain as ☒ ☐ ☐ specified in Section 1231.3; 6. Maximize visual supervision of inmates by staff; and ☒ ☐ ☐ 7. When located in a temporary holding facility, the cell No persons are held in this facility over 12 hours. or room shall be equipped with a bunk if inmates are to ☐ ☐ ☒ be held longer than 12 hours. 1231.2.19 Safety equipment storage. A secure area shall be provided for the storage of safety equipment such as fire extinguishers, self-contained ☒ ☐ ☐ breathing apparatus, wire and bar cutters, emergency lights, etc. 1231.2.20 Janitors’ closet. In Type II facilities, at least one securely lockable janitors’ closet with sufficient area for the storage of cleaning ☒ ☐ ☐ implements and supplies must be provided within the security areas of the facility A mop sink shall also be available within the security area of the facility. In court holding, temporary holding, Types I, III and IV facilities, the closet need not be in the security area. ☒ ☐ ☐ 5227 Santa Clara Levi Stadium TH PHY 20-22 - 1 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS 1231.2.21 Storage rooms. This is a Temporary Holding Facility One or more storage rooms shall be provided to accommodate a minimum of 80 cubic feet (2.3 m3) of storage area per inmate for inmate clothing and personal property, ☐ ☐ ☒ institutional clothing, bedding and supplies. Court holding, temporary holding and Type I facilities may be excluded from the storage space requirement for personal and institutional clothing unless clothing is issued. 1231.2.22 Audio monitoring system. There is no Audio Monitoring system in place. In court holding, temporary holding, Type I, Type II and Type II facilities there shall be an inmate- or sound-actuated audio monitoring system in temporary holding cells or rooms, temporary staging cells or rooms, sobering cells, ☐ ☒ ☐ safety cells, single and double occupancy cells, dormitories, dayrooms, exercise areas and correctional program/multipurpose space, which is capable of alerting personnel who can respond immediately. 1231.2.24 Emergency power. The Stadium has emergency power throughout all There shall be a source of emergency power in all detention public areas and secure detention. facilities capable of providing minimal lighting in all housing ☒ ☐ ☐ units, activities areas, corridors, stairs and central control points, and to maintain fire and life safety, security, communications and alarm systems. Such an emergency power source shall conform to the requirements specified in Title 24, Part 3, Article 700, ☒ ☐ ☐ California Electrical Code, California Code of Regulations. 1231.2.26 Attorney interview space. There is an unused room that is available for in All facilities except Type IV facilities shall include attorney person attorney interview space. ☒ ☐ ☐ interview areas which provide for confidential consultation with inmates. 1231.3.1 Toilets/urinals. In temporary holding cells and temporary staging cells ☒ ☐ ☐ toilets/urinals must be provided in a ratio to inmates of 1:16. One urinal or 2 feet (610 mm) of urinal trough may be substituted for each toilet up to one third of the total number ☐ ☐ ☒ of toilets required, except in those facilities or portions thereof used for females. Toilet areas shall provide modesty for inmates with staff ☒ ☐ ☐ being able to visually supervise. 1231.3.2 Wash basins. Combination units are in each cell. In temporary holding cells and temporary staging cells, wash ☒ ☐ ☐ basins must be provided in a ratio to inmates of 1:16. Wash basins must be provided with hot and cold or tempered ☒ ☐ ☐ water. Two feet (610 mm) of wash basin trough may be substituted ☒ ☐ ☐ for each basin required. 1231.3.3 Drinking fountains. There must be a minimum of one drinking fountain in every single-occupancy cell, double-occupancy cell, dormitory, ☒ ☐ ☐ temporary holding cell, temporary staging cell, sobering cell, and be accessible to the occupants of day rooms and exercise areas. Additional drinking fountains shall be located in other areas of the facility so that drinking water will be available to ☒ ☐ ☐ inmates and staff. 5227 Santa Clara Levi Stadium TH PHY 20-22 - 2 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) TITLE 24 SECTION YES NO N/A COMMENTS Such drinking fountains must meet the following minimum health requirements: 1. The drinking fountain bubbler shall be on an angle ☒ ☐ ☐ which prevents wastewater from flowing over the drinking fountain bubbler. 2. Water flow shall be actuated by mechanical means. ☒ ☐ ☐ 1231.3.6 Lighting. Lighting in housing units, dayrooms and activity areas must be sufficient to permit easy reading by a person with normal ☒ ☐ ☐ vision, and shall not be less than 20 footcandles (215.2 lux) at desk level and in the grooming area. Lighting shall be centrally controlled and/or occupant ☒ ☐ ☐ controlled in housing cells or rooms. Night lighting in these areas shall be sufficient to give good No persons are held overnight. ☐ ☐ ☒ visibility for purposes of supervision In minimum-security areas, lighting may be supplied by ordinary lighting fixtures, and in areas of higher security, ☒ ☐ ☐ light fixtures must be of secure design. 1231.3.10 Seating. In temporary holding and temporary staging cells, seating ☒ ☐ ☐ must be securely fixed to the floor and/or wall. When bench seating is used, 18 inches (457 mm) of bench is ☒ ☐ ☐ seating for one person. 1231.3.12 Weapons locker. A secure weapons locker shall be located outside the security ☒ ☐ ☐ perimeter of the facility Such weapons lockers shall be equipped with individual ☒ ☐ ☐ compartments, each with an individual locking device. Weapons lockers are required in temporary and court holding ☒ ☐ ☐ facilities and in all facilities of higher than minimum security. Design Requirements (102(c)6) 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.) 5227 Santa Clara Levi Stadium TH PHY 20-22 - 3 - A383 PHY Type I-IV 94 99 01 05 08 10 13 17.dot (1/19) ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION Board of State and Community Corrections BSCC Code: 5227 FACILITY: TYPE: RC: Santa Clara Police Department – Levi Stadium TH 0 FIELD REPRESENTATIVE: DATE Dale Miller August 3, 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 1.72.15 Holding 2013 1 0 (4) (4) 9.5 ’X 12’ X 9’ 1 1 1 Identified as a “juvenile cell” but juveniles are never held here. Used as a segregation cell. 6’ bench. approx. 104 sq. ft. - capacity limited by bench space 2020-2022 Cycle cell is being used for storage. 1-72.07 Holding 2013 1 0 (4) (4) 12’ X 7’ X 9’ 1 1 1 6’ bench space. approx. 76 sq. ft. capacity limited by bench space 1.72.09 Sobering 2013 1 0 (5) (5) 12’ X 10’ X 9’ 1 1 1 Approx. 110 sq. ft. 1.72.01 Sobering 2013 1 0 (5) (5) 12’ X 9’ X 9’ 1 1 1 Approx. 100 sq. ft. 2020-2022 Cycle: There are 2 unrated booking rooms that do not contain fixtures and both measure 6.5’x 5.5’ x 9’. Both contain a bench that is 75”. The is also an interview room for attorneys or detectives. *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. 5227 Santa Clara Levi Stadium TH LASE 20-22 - 1 - A360 LAS Adult-05.dot (8/05)