Santa Clara County, Temporary Holding Facilities (2018-2020 inspection cycle)

June 8, 2020 Pat Nikolai, Chief of Police Santa Clara Police Department 601 El Camino Real Santa Clara, CA 95052 2018-2020 BIENNIAL INSPECTION 6031 PC and 209 WIC/JJDPA SECTION 6031 Dear Chief Nikolai: As you are aware, The Board of State and Community Corrections (BSCC) is statutory required to inspect all Local detention facility’s biennial for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations, per Penal Code Section 6031 and for Welfare and Institutions Code (WIC) Section 209. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation your agency provided. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report is enclosed and consists of this transmittal letter and the Procedures Checklist outlining applicable Title 15 sections. Local Inspection In addition to a biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Please consider our report in conjunction with these reports for a comprehensive perspective of your facility. There were no noncompliance issues as it relates to the fire inspection or the county health inspection. Title 15, CCR Inspection Our evaluation consisted of reviewing only those policies and procedures related specifically to the applicable regulations included in Title 15, CCR. We found no items of noncompliance. Please refer to the Procedures Checklist for detailed information. 5225+ Santa Clara THJ LTR 18-20 Pat Nikolai, Chief of Police Page 2 of 2 Title 24, CCR Inspection BSCC was unable to physically review the physical plants during this inspection cycle. However, we were informed that there were no new or remodeling projects concerning either jail facility. We will review the physical plant during the 2020-2022 inspection cycle. JUVENILE INSPECTION In accordance with the JJDPA, BSCC monitors law enforcement facilities for compliance with three core requirements of the Act: Deinstitutionalization of Status Offenders, Separation of Juveniles from Incarcerated Adults, and Removal from Adult Jails and Lockups (6-hour secure detention limitation). At the headquarters facility, secure and nonsecure youth a held in the juvenile facility area, which is outside the jail facility. Although there is a youth jail cell inside the Levi Stadium facility, no youth have been detained in the past six (6) years. In addition, no nonsecure youth have been held as well. CORRECTIVE ACTION PLAN No areas of noncompliance were noted, and no corrective action is needed. This concludes our inspection report for the 2018-2020 inspection cycle. We are hopeful that we can return to our normal inspection processes during the 2020-2022 inspection cycle. Although we were unable to provide your department with the services you are accustomed to, I want to assure you that BSCC remain committed to be a resource to your agency regarding your custodial questions or concerns. If you have any questions, or concerns, please contact our office at any time. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, City Council, City of Santa Clara* City Manager, City of Santa Clara* Presiding Judge, Superior Court, County of Santa Clara* Grand Jury Foreperson, Superior Court, County of Santa Clara* Mike Horn, Sergeant, Santa Clara Police Department *Copies of the report are located on BSCC website 5225+ Santa Clara THJ LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5225 5227 FACILITY NAME: Santa Clara Police Department Jail FACILITY TYPE: THJ Santa Clara Police Department Levi’s Stadium Holding Facility PERSON(S) INTERVIEWED: Sergeant Mike Horn FIELD REPRESENTATIVE: Michael J. Bush DATE: June 08, 2020 Note: Both facilities use the same manual for jail operations. This Inspection Checklist applies equally to both facilities. TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 72.14.1 Temporary Holding Facility Training HOLDING FACILITY TRAINING Custodial personnel who supervise inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; ☒ ☐ ☐ (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors Such training shall be completed as soon as practical, but in 72.14.1 Temporary Holding Facility Training any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental ☒ ☐ ☐ Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training. Eight hours of refresher training shall be completed once 72.14.1 Temporary Holding Facility Training every two years. Successful completion of the requirements ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. 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 THJ PRO 18-20 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL 72.5.1 Number of personnel Whenever there is an inmate in custody there A sufficient number of personnel shall be employed in each shall be at least one (1) JSO or Title 15 trained local detention facility to ensure the implementation and officer on duty and in the building. The operation of the programs and activities required by these JSO/Officer shall be immediately available and ☒ ☐ ☐ regulations. accessible to arrestees in the event of an emergency. Note: When the Levi’s Stadium detention area is open, it is constantly supervised. Whenever there is an inmate in custody, there shall be at 72.5.1 Number of Personnel least one employee on duty at all times in a local detention facility or in the building which houses a local detention ☒ ☐ ☐ facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which 72.11.1 Jail Service Officer (JSO) would conflict with the supervision and care of inmates in ☒ ☐ ☐ Responsibilities/ Arrestee Accounting the event of an emergency. Whenever one or more female inmates are in custody, there 72.5.1 Number of Personnel shall be at least one female employee who shall be When female arrestees are in the facility, there immediately available and accessible to such females. shall be at least one female officer, JSO, Note: Reference PC§ 4021. Records Specialist II (Department THF) or ☒ ☐ ☐ Records Supervisor (Department THF) that can be immediately available and accessible to the arrestee. To determine if there is a sufficient number of personnel for Staffing Schedule Posted a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 1027.5 SAFETY CHECKS 72.5.1 Number of Personnel Visual checks on all arrestees shall be made at Safety checks shall be conducted at least hourly through ☒ ☐ ☐ least every thirty (30) minutes. Documentation direct visual observation of all inmates. There shall be no of these checks shall be made on the daily THF more than a 60-minute lapse between safety checks. Activity Log. There is a written plan that includes the documentation of 72.5.1 Number of Personnel ☒ ☐ ☐ routine safety checks. 1028 FIRE AND LIFE SAFETY STAFF 72.26.1 Fire and Life Safety Staff Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 72.26.1 Fire and Life Safety Staff person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 5225+ Santa Clara THJ PRO 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Santa Clara Police Department Operations Manual 72.1.1 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 Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: (1) Table of organization, including channels of 72.1.1 Policy Statement ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 72.45.1 Inspections/ Documentation/ ☒ ☐ ☐ administrator/manager. Maintenance (3) Policy on the use of force. ☒ ☐ ☐ 72.43.1 Use of force (4) Policy on the use of restraint equipment, including the 72.44.1 Restraint Devices restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 72.7.1 Receiving and Screening inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: 72.6.1 Booking Safety/ Procedures and Key Control ☒ ☐ ☐ 72.8.1 Security/ Classification/ Housing Considerations (A) physical counts of inmates, ☒ ☐ ☐ ibid (B) searches of the facility and inmates, 72.12.1 Definitions of Searches ☒ ☐ ☐ 72.13.1 Guidelines for Strip Searches: Adults and Minors (C) contraband control, and, ☒ ☐ ☐ ibid (D) key control. ☒ ☐ ☐ 72.27.1 Fire Suppression Pre-Plan Each facility administrator shall, at least annually, review, Verified evaluate, and make a record of security measures. The review and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: 72.28.1 Escape/ Emergency/ Disturbance/ (A) fire suppression preplan as required by section ☒ ☐ ☐ Hostage Situation 1032 of these regulations; 72.27.1 Fire Suppression Pre-Plan (B) escape, disturbances, and the taking of hostages; 72.28.1 Escape/ Emergency/ Disturbance/ ☒ ☐ ☐ Hostage Situation 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5225+ Santa Clara THJ PRO 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) mass arrests; 72.28.1 Escape/ Emergency/ Disturbance/ ☒ ☐ ☐ Hostage Situation (D) natural disasters; ☒ ☐ ☐ 72.29.1 Natural Disaster (E) periodic testing of emergency equipment; and, 72.25.1 Facility Sanitation ☒ ☐ ☐ 72.45.1 Inspections/ Documentation/ Maintenance (F) storage, issue, and use of weapons, ammunition, 72.41.1 Chemical Agents ☒ ☐ ☐ chemical agents, and related security devices. 72.42.1 Weapons Storage (8) Suicide Prevention. ☒ ☐ ☐ 72.38.1 Suicide Prevention Program (9) Segregation of Inmates. 72.8.1 Security/ Classification/ Housing ☒ ☐ ☐ Considerations (10) Zero tolerance in the prevention of sexual abuse and 72.8.1 Security/ Classification/ Housing sexual harassment. Considerations ☒ ☐ ☐ 72.14.1 Temporary Holding Facility Training 72.11.1 Jail Service Officer (JSO) Responsibilities/ Arrestee Accounting (11) Policy and procedure to detect, prevent, and respond 72.14.1 Temporary Holding Facility Training to retaliation against any staff or inmate after reporting ☒ ☐ ☐ 72.11.1 Jail Service Officer (JSO) any abuse. Responsibilities/ Arrestee Accounting (e) The manual for Temporary Holding, Court Holding, 72.14.1 Temporary Holding Facility Training Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other ☒ ☐ ☐ inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, 72.14.1 Temporary Holding Facility Training community members, and other interested third-parties to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 72.39.1 Suicide Prevention Program Non-detainable The facility shall have a comprehensive written suicide prevention program developed by the facility administrator, ☐ ☐ ☒ in conjunction with the health authority and mental health 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 72.14.1 Temporary Holding Facility Training ☐ ☐ ☒ contact with inmates. 72.39.1 Suicide Prevention Program (b) Intake screening for suicide risk immediately upon 72.7.1 Receiving and Screening ☐ ☐ ☒ intake and prior to housing assignment. (c) Provisions facilitating communication among 72.7.1 Receiving and Screening arresting/transporting officers, facility staff, medical and ☐ ☐ ☒ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☐ ☐ ☒ 72.7.1 Receiving and Screening (e) Supervision depending on level of suicide risk. ☐ ☐ ☒ 72.39.1 Suicide Prevention Program (f) Suicide attempt and suicide intervention policies and 72.39.1 Suicide Prevention Program ☐ ☐ ☒ procedures. (g) Provisions for reporting suicides and suicides attempts. ☐ ☐ ☒ 72.39.1 Suicide Prevention Program 5225+ Santa Clara THJ PRO 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (h) Multi-disciplinary administrative review of suicides and 72.33.1 Incident reports/ Investigation/ In- attempted suicides as defined by the facility ☐ ☐ ☒ Custody Deaths administrator. 1032 FIRE SUPPRESSION PREPLANNING 72.27.1 Fire Suppression- Pre-planning Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to: (a) a fire suppression pre-plan developed with the local fire 72.27.1 Fire Suppression- Pre-planning 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 Logs maintained monthly basis with two-year retention of the inspection ☒ ☐ ☐ record; (c) fire prevention inspections as required by Health and Conducted 5/22/2020 Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ inspections at least once every two years; (d) an evacuation plan; and, ☒ ☐ ☐ Exit routes posted in the facility (e) a plan for the emergency housing of inmates in the case of Would be released or transported to the county fire. jail. ☒ ☐ ☐ 72.27.1 Fire Suppression Pre-planning 72.28.1 Escape/ Emergency/ Disturbance/ Hostage Situation 1044 INCIDENT REPORTS 72.33.1 Incident Reports/ Investigations/ In- Custody Deaths Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons 72.33.1 Incident Reports/ Investigations/ In- involved, a description of the incident, the actions taken, and ☒ ☐ ☐ Custody Deaths the date and time of the occurrence. Such a written record shall be prepared by the staff assigned 72.33.1 Incident Reports/ Investigations/ In- to investigate the incident and submitted to the facility ☒ ☐ ☐ Custody Deaths manager or his/her designee. 1046 DEATH IN CUSTODY 72.33.1 Incident Reports/ Investigations/ In- Custody Deaths (a) Death in Custody Reviews for Adults and Minors. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of 72.33.1 Incident Reports/ Investigations/ In- clinical care; whether changes to policies, procedures, or Custody Deaths ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. 5225+ Santa Clara THJ PRO 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Death of a Minor 72.33.1 Incident Reports/ Investigations/ In- In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Custody Deaths lockup, or court holding facility: (1) The administrator of the facility shall provide to the 72.33.1 Incident Reports/ Investigations/ In- Board a copy of the report submitted to the Attorney Custody Deaths General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the 72.33.1 Incident Reports/ Investigations/ In- administrator, the Board may within 30 calendar days Custody Deaths 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 72.8.1 Security/ Classification/ Housing Considerations (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area 72.8.1 Security/ Classification/ Housing for male or female inmates, and in making other housing and Considerations 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 72.17.1 Medical Service/ Management of Communicable Diseases The facility administrator, in cooperation with the Prisoners are transported to County Jail. responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be 72.7.1 Receiving and Screening made of the person being booked as to whether or not he/she 72.17.1 Medical Service/ Management of has or has had any communicable diseases, such as Communicable Diseases tuberculosis or has observable symptoms of tuberculosis or ☐ ☐ ☒ any other communicable diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 5225+ Santa Clara THJ PRO 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1052 MENTALLY DISORDERED INMATES 72.22.1 Mental Health Services Prisoners that are mentally disordered The facility administrator, in cooperation with the behaviors, are transported directly from the ☒ ☐ ☐ responsible physician, shall develop written policies and field to the county jail. procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. If an evaluation from medical or mental health staff is not 72.7.1 Receiving and Screening readily available, an inmate shall be considered mentally 72.22.1 Mental Health Services 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 72.22.1 Mental Health Services ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 72.9.1 Management of Disruptive Arrestees Prisoners that are combative, have a history of Except in Type IV facilities, each facility administrator shall violence, or assaultive behaviors, are transported develop written policies and procedures which provide for directly from the field to the county jail. the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and 72.9.1 Management of Disruptive Arrestees secure housing but shall not involve any other deprivation of ☐ ☐ ☒ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL 72.19.1 Safety Cell Arrestees that present a significant threat to The safety cell described in Title 24, Part 2, Section themselves or others shall immediately be ☒ ☐ ☐ 1231.2.5, shall be used to hold only those inmates who transported to the county jail. display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The remainder of section is deleted. 1056 USE OF SOBERING CELL 72.18.1 Sobering Cells The sobering cells shall be used to hold arrestees The sobering cell described in Title 24, Part 2, Section who are unable to care for their own safety or the 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ safety of others as a result of their alcohol threat to their own safety or the safety of others due to their intoxication. state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they 72.18.1 Sobering Cells are able to continue in the processing. ☒ ☐ ☐ 5225+ Santa Clara THJ PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS In no case shall an inmate remain in a sobering cell over six 72.18.1 Sobering Cells hours without an evaluation by a medical staff person or an No arrestee shall remain in a sobering cell over evaluation by custody staff, pursuant to written medical six (6) hours without an evaluation by a ☒ ☐ ☐ procedures in accordance with section 1213 of these JSO/Officer or medical staff person from Valley regulations, to determine whether the prisoner has an urgent Medical Center or the Santa Clara County medical problem. Department of Correction. At 12 hours from the time of placement, all inmates will 72.18.1 Sobering Cells receive an evaluation by responsible health care staff. An arrestee that has not begun to display signs of sobering during the six (6) hour period may be ☒ ☐ ☐ experiencing a medical complication and shall be transferred to Valley Medical Center or the Santa Clara County Department of Correction. Intermittent direct visual observation of inmates held in the 72.18.1 Sobering Cells sobering cell shall be conducted no less than every half hour. Arrestees placed in the sobering cell shall be Such observation shall be documented. ☒ ☐ ☐ safety checked by direct visual contact no less than every thirty (30) minutes to gauge consciousness, monitor their behavior. 1057 DEVELOPMENTALLY DISABLED 72.10.1 Management/ Placement of Disabled INMATES Arrestees The facility administrator, in cooperation with the Per policy, prisoners with these disabilities are ☒ ☐ ☐ responsible physician, shall develop written policies and transported to county jail. procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 1058 USE OF RESTRAINT DEVICES 72.44.1 Restraint Devices The facility administrator, in cooperation with the Per policy, no arrestee while in the WRAP shall responsible physician, shall develop written policies and be housed in the THF facilities. Restraints ☐ ☐ ☒ procedures for the use of restraint devices and may delegate within the meaning of this regulation are not authority to place an inmate in restraints to a responsible used in the facility. health care staff. The remainder of section is deleted. 1058.5 RESTRAINTS AND PREGNANT INMATES 72.7.1 Per policy, prisoners with these disabilities are The facility administrator, in cooperation with the transported to county jail. responsible physician, shall develop written policies and ☐ ☐ ☒ procedures for the use of restraint devices on pregnant The remainder of section is deleted. inmates. In accordance with Penal Code 3407 the policy shall include reference to the following: 1067 ACCESS TO TELEPHONE 72.36.1 Access to Telephone The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 5225+ Santa Clara THJ PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1068 ACCESS TO COURTS AND COUNSEL 72.21.1 Visitation/ Attorney Interviews 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 72.21.1 Visitation/ Attorney Interviews ☒ ☐ ☐ regulations, and, (b) confidential consultation with attorneys. ☒ ☐ ☐ 72.21.1 Visitation/ Attorney Interviews 1080 RULES AND DISCIPLINARY PENALTIES 72.38.1 Plan for Arrestee Discipline Discipline not administered in the facility Wherever discipline is administered, each facility ☒ ☐ ☐ administrator shall establish written rules and disciplinary penalties to guide inmate conduct. 5225+ Santa Clara THJ PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? 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. TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A Ensure your minors in detention manual is MINOR IN AN ADULT DETENTION updated. FACILITY ☐ ☒ ☐ The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody. 1142 WRITTEN POLICIES AND PROCEDURES 72.34.1 Juvenile Detention and Classification The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; ☒ ☐ ☐ 72.39.1 Suicide Prevention Program (b) use of restraints; ☒ ☐ ☐ 72.44.1 Restraint Devices (c) emergency medical assistance and services; and, 72.17.1 Medical Service/ Management of ☒ ☐ ☐ Communicable Diseases 72.22.1 Mental health Services (d) prohibiting use of discipline. ☒ ☐ ☐ 72.38.1 Plan for Arrestee Discipline 5225+ Santa Clara THJ PRO 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1143 CARE OF MINORS IN TEMPORARY 72.34.1 Juvenile Detention and Classification CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; ☒ ☐ ☐ 72.34.1 Juvenile Detention and Classification (2) one snack upon request during term of temporary 72.34.1 Juvenile Detention and Classification custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ hours or is otherwise in need of nourishment; (3) access to drinking water; and, ☒ ☐ ☐ 72.34.1 Juvenile Detention and Classification (4) privacy during consultation with family, guardian, 72.34.1 Juvenile Detention and Classification ☒ ☐ ☐ and/or lawyer. (5) blankets and clothing, as necessary, to assure the 72.34.1 Juvenile Detention and Classification ☒ ☐ ☐ comfort of the minor; and, (6) his or her personal clothing unless the clothing is 72.34.1 Juvenile Detention and Classification inadequate, presents a health or safety problem, or is ☒ ☐ ☐ required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND 72.34.1 Juvenile Detention and Classification ADULT PRISONERS ☒ ☐ ☐ The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility. In situations where brief or accidental contact may occur, 72.34.1 Juvenile Detention and Classification such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side- ☒ ☐ ☐ by-side presence with the minor or the adult to prevent sustained contact. 1145 DECISION ON SECURE CUSTODY 72.34.1 Juvenile Detention and Classification A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these ☒ ☐ ☐ standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met. Minors in secure detention are 14 years of age or older. In making the determination whether the minor presents a 72.34.1 Juvenile Detention and Classification serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; 5225+ Santa Clara THJ PRO 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS (b) severity of the offense(s) for which the minor was 72.34.1 Juvenile Detention and Classification ☒ ☐ ☐ taken into custody; (c) minor's behavior, including the degree to which the 72.34.1 Juvenile Detention and Classification ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate 72.34.1 Juvenile Detention and Classification ☒ ☐ ☐ supervision or protection of the minor; and, (e) the age, type, and number of other individuals who 72.34.1 Juvenile Detention and Classification ☒ ☐ ☐ are detained in the facility. 1146 CONDITIONS OF SECURE CUSTODY 72.34.1 Juvenile Detention and Classification While in secure custody, minors may be locked in a room or ☒ ☐ ☐ other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm. 1147 SUPERVISION OF MINORS IN SECURE 72.34.1 Juvenile Detention and Classification CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; 72.34.1 Juvenile Detention and Classification ☒ ☐ ☐ and, (2) safety checks, as defined in Section 1006, of the 72.34.1 Juvenile Detention and Classification minor by staff of the law enforcement facility, at ☒ ☐ ☐ least once every 30 minutes, which shall be documented. (b) Males and females shall not be placed in the same 72.34.1 Juvenile Detention and Classification locked room unless under constant direct visual ☒ ☐ ☐ observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 72.34.1 Juvenile Detention and Classification CUSTODY OUTSIDE OF A LOCKED ENCLOSURE ☒ ☐ ☐ Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant 72.34.1 Juvenile Detention and Classification direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 72.34.1 Juvenile Detention and Classification minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ approved by a supervisor. The decision for securing a minor to a stationary object for 72.34.1 Juvenile Detention and Classification longer than 60 minutes, and every 30 minutes thereafter shall ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 5225+ Santa Clara THJ PRO 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1149 CRITERIA FOR NON-SECURE 72.34.1 Juvenile Detention and Classification CUSTODY Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) ☒ ☐ ☐ of the Welfare and Institutions Code, may be held in non- secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- 72.34.1 Juvenile Detention and Classification SECURE CUSTODY Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF 72.34.1 Juvenile Detention and Classification ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY Facility administrators shall develop policies and procedures ☒ ☐ ☐ providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves. Supervision of minors in secure custody in a locked room 72.34.1 Juvenile Detention and Classification 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 72.34.1 Juvenile Detention and Classification 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 72.34.1 Juvenile Detention and Classification outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 5225+ Santa Clara THJ PRO 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot