Sonoma County, Sebastopol Police Department (2018-2020 inspection cycle)

July 6, 2020 Greg Devore, Acting Chief of Police Sebastopol Police Department 6850 Laguna Park Way Sebastopol, CA 95472 2018 - 2020 BIENNIAL INSPECTION OF SEBASTOPOL POLICE DEPARTMENT, PENAL CODE SECTION 6031; WELFARE AND INSTITUTIONS CODE SECTION 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT Dear Chief Devore: On September 10, 2019, pursuant to Penal Code Section 6031.1 Welfare and Institutions Code Section 209, BSCC staff completed the 2018/2020 Biennial inspection of the Sebastopol Police Department Temporary Holding Facility. A pre-inspection briefing was held April 4, 2019. This inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. 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 BSCC inspection report is enclosed and consists of this transmittal letter, the Title 15 Procedures Checklist outlining applicable minimum standards; a Physical Plant Evaluation outlining Title 24 requirements for design; and a Living Area Space Evaluation summarizing the physical plant configuration and showing the capacity of the facility. Please refer to the Title 15 Checklist for indication of facility compliance status and evidence used to determine compliance. 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). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a comprehensive perspective of your facility. Each of the local inspections were current with no violations noted. Local Inspection Dates Fire and Life Safety May 23, 2019 Medical and Mental Health July 10, 2019 Nutritional Health July 10, 2019 Environmental Health July 10, 2019 5695 Sonoma Sebastopol THF LTR 18-20 Chief Greg Devore SPD THF Page 2 Title 15, CCR Evaluation Our evaluation consisted of reviewing only those policies and procedures that related specifically to the applicable regulations included in Title 15, CCR.1 At inspection, we found policy areas that needed to be reviewed and revised to be consistent with regulatory expectations and procedural areas needing to be updated. All areas requiring update have been addressed prior to the writing of this report. All policy and procedure areas are now current and consistent with regulatory expectations and operations and there are no outstanding areas of noncompliance. Please refer to the Procedures Checklist for detailed information. Title 24, CCR Physical Plant There were no changes made to the physical plant (per Administration) since the last BSCC biennial inspection. We found no areas of noncompliance. Please refer to the Physical Plant Checklist for detailed information. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring The BSCC monitors local detention facilities for compliance with the JJDPA. The agency provided their Juvenile Policy and Procedure for our review and all regulatory requirements are noted in the policy. Youth are held in both secure and non-secure detention when brought to the agency however, it was noted that this is a very rare occasion. Agency administration noted that most juveniles are released to parents or guardians in the field or transported directly to the juvenile hall. All logs and reports were reviewed, and they were consistently documented and there were no violations noted. This concludes the 2018-2020 biennial inspection cycle report of the Sebastopol Temporary Holding Facility. We would like to express our gratitude to you, and we look forward to working together in the future. If you should have any questions, please contact me at (916) 322-1638 or email at lisa.southwell@bscc.ca.gov. Sincerely, Lisa Southwell Field Representative Facilities Standards and Operations Division Enclosures cc: City Manager, City of Sebastopol * City Council Chair, City of Sebastopol * Grand Jury Foreperson, County of Riverside * Presiding Judge, County of Riverside* * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 5695 Sonoma Sebastopol THF LTR 18-20 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5695 FACILITY NAME: FACILITY TYPE: Sebastopol Police Department Temporary Holding Facility (THF) PERSON(S) INTERVIEWED: Greg DeVore, Lieutenant FIELD REPRESENTATIVE: DATE: Lisa Southwell September 10, 2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY Sebastopol Police Department Policy Manual HOLDING FACILITY TRAINING Section 900.12: Training Custodial personnel who supervise inmates in, and Training records reviewed and verified all staff supervisors of, a Court Holding or Temporary Holding have been trained. The training last occurred on facility shall complete 8 hours of specialized training. Such 9/14/2018 and 9/20/2018. 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 Sebastopol Police Department Policy Manual any event not more than six months after the date of assigned Section 900.12: Training 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 Sebastopol Police Department Policy Manual every two years. Successful completion of the requirements Section 900.12: Training ☒ ☐ ☐ in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher. Refresher training completed 1027 NUMBER OF PERSONNEL Sebastopol Police Department Policy Manual Section 900.3.3: Staffing Plan A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and Arresting officers are responsible for the operation of the programs and activities required by these supervision of their prisoner and are required to regulations. remain in the THF if a prisoner is in custody. 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. 5695 Sonoma Sebastopol PRO 18-20 - 1 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at Sebastopol Police Department Policy Manual least one employee on duty at all times in a local detention Section 900.3.2: Supervision in Temporary facility or in the building which houses a local detention Custody facility who shall be immediately available and accessible to inmates in the event of an emergency. ☒ ☐ ☐ Staff are required to remain in the facility when a prisoner is present. There are cameras and audio intercoms capable of monitoring the cells. Such an employee shall not have any other duties which Sebastopol Police Department Policy Manual would conflict with the supervision and care of inmates in Section 900.3.2: Supervision in Temporary the event of an emergency. Custody The agency’s manual states the member responsible “should not have duties that could unreasonably conflict with his/her supervision.” This language is inconsistent with the language of the regulation. The regulation language is ☒ ☐ ☐ specific to ensure adequate supervision for the safety and security of the prisoners in the event of an emergency. There were no emergencies during the cycle. When officers are tasked with the supervision of a prisoner and have any other duty(ies) that conflict with their supervision in the event of an emergency, during those times, the agency would be non-compliant. Whenever one or more female inmates are in custody, there Sebastopol Police Department Policy Manual shall be at least one female employee who shall be Section 900.3.2: Supervision in Temporary immediately available and accessible to such females. Custody Note: Reference PC§ 4021. The agency’s manual states “At least one female member “should be present when a female adult is in temporary custody. In the event that none is readily available, the female in custody should be transported to another facility or released pursuant to another lawful process. This ☒ ☐ ☐ language is inconsistent with the language of the regulation. The regulation language is specific to ensure adequate supervision for the safety and security of female prisoners. The facility has multiple trained, female dispatchers on duty at all times that would be available. When a female prisoner is in custody and there is no female employee immediately available and accessible, during those times, the agency would be non-compliant. 5695 Sonoma Sebastopol PRO 18-20 - 2 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS To determine if there is a sufficient number of personnel for Sebastopol Police Department Policy Manual a specific facility, the facility administrator shall prepare and Section 900.3.3: Staffing Plan retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be The THF is staffed by patrol officers. The ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial arresting officer becomes the inspection. The results of such a review and booking/supervision officer. If a prisoner is in recommendations shall be reported to the local jurisdiction custody, there will always be personnel available having fiscal responsibility for the facility. to supervise. 1027.5 SAFETY CHECKS Sebastopol Police Department Policy Manual Section 900.5.2: Temporary Custody Safety checks shall be conducted at least hourly through ☒ ☐ ☐ Requirements direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. Safety checks met regulation requirements. There is a written plan that includes the documentation of Sebastopol Police Department Policy Manual routine safety checks. Section 900.5.2: Temporary Custody Requirements ☒ ☐ ☐ Safety Checks are completed and documented when a prisoner is placed in the holding cell. 1028 FIRE AND LIFE SAFETY STAFF Sebastopol Police Department Policy Manual Section 900.3.3: Staffing Plan Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ least one person on duty at all times who meets the training There is always one person on duty who meets standards established by the BSCC for general fire and life this requirement. New officers do not supervise safety. (Penal Code section 6030[e]) prisoners alone until they are trained. The facility manager shall ensure that there is at least one Sebastopol Police Department Policy Manual person on duty who trained in fire and life safety procedures ☒ ☐ ☐ Section 900.3.3: Staffing Plan that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 Sebastopol Police Department (SPD) provided their policy and procedure manual for our review. It was last updated in June 2020, prior Facility administrator(s) shall develop and publish a manual to the writing of this report. Policy is updated and of policy and procedures for the facility. The policy and pushed out to staff electronically for review. procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5695 Sonoma Sebastopol PRO 18-20 - 3 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) Table of organization, including channels of Sebastopol Police Department Policy Manual communications. Sections: 200.3: Command Protocol 200.3.1: Succession of Command ☒ ☐ ☐ 200.3.2: Unity of Command and 200.3.3: Orders (2) Inspections and operations reviews by the facility Sebastopol Police Department Policy Manual administrator/manager. Section 900.5.1: Temporary Custody Logs The watch commander initials all facility logs ☒ ☐ ☐ to ensure all entries and safety and security checks are made. They also conduct the weekly inspections and the annual operations review of the facility. All records were provided for our review. (3) Policy on the use of force. Sebastopol Police Department Policy Manual Section 300: Use of Force ☒ ☐ ☐ Per facility administration, the agency’s Use of Force policy is applicable to THF operations. (4) Policy on the use of restraint equipment, including the Sebastopol Police Department Policy Manual restraint of pregnant inmates as referenced in Penal Code Sections 306: Body and Leg Restraint Devices, Section 3407. 306.3.2: Restraint of Pregnant Persons, 900.6: ☒ ☐ ☐ Use of Restraint Devices and 900.6.1: Pregnant Adults See also Section 1058 and 1058.5 (5) Procedure and criteria for screening newly received Sebastopol Police Department Policy Manual inmates for release per Penal Code sections 849(b)(2) and Section 420.3 Release by Citation, 420.3.1: Field ☒ ☐ ☐ 853.6, and any other such processes as the facility Citations administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ (A) physical counts of inmates, Sebastopol Police Department Policy Manual Section 900.5.1: Temporary Custody Logs All persons who come into the temporary ☒ ☐ ☐ holding facility are documented in the custody log with all pertinent information including name, identifying information, time of arrival and departure, etc. (B) searches of the facility and inmates, Sebastopol Police Department Policy Manual Sections 900.8: Holding Cells, 902: Custodial Searches and 902.4: Searches at Police Facilities ☒ ☐ ☐ All cells are searched before and after a person is placed in a cell. Each arrestee is searched by officers before placing them into the holding cell. 5695 Sonoma Sebastopol PRO 18-20 - 4 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) contraband control, and, Sebastopol Police Department Policy Manual Sections 900.8: Holding Cells, 902 Custodial Searches and 902.4: Searches at Police Facilities ☒ ☐ ☐ All cells are searched before and after a person is placed in a cell. Each arrestee is searched by officers before placing them into the holding cell. (D) key control. Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 900.11(b): Key Control Each facility administrator shall, at least annually, review, Sebastopol Police Department Policy Manual evaluate, and make a record of security measures. The review Sections 900.11: Assigned Administrator and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific Security review provided. Completed June 30, to prevention of sexual abuse and sexual harassment. 2020. (7) Emergency procedures include: See Regulation 1032 (A) fire suppression preplan as required by section ☒ ☐ ☒ 1032 of these regulations; (B) escape, disturbances, and the taking of hostages; Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 900.11 e and j. (C) mass arrests; Sebastopol Police Department Policy Manual Sections 900.3.5 ☒ ☐ ☐ (D) natural disasters; Sebastopol Police Department Policy Manual Section 900.11(h): Disaster Plans ☒ ☐ ☐ In the event of a natural disaster, officers will evacuate the facility and either release or transfer prisoners to Sonoma County Jail. (E) periodic testing of emergency equipment; and, Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section900.11(i) Building and Safety Code Compliance (F) storage, issue, and use of weapons, ammunition, Sebastopol Police Department Policy Manual chemical agents, and related security devices. Section 900.5.7: Firearms and Other Security Measures ☒ ☐ ☐ Firearms and other weapons/ammunition or control devices are not permitted within the secure area of the THF. (8) Suicide Prevention. ☒ ☐ ☐ See Section 1030 (9) Segregation of Inmates. ☒ ☐ ☐ See Section 1053 (10) Zero tolerance in the prevention of sexual abuse and Sebastopol Police Department Policy Manual ☒ ☐ ☐ sexual harassment. Section 902.2: Prison Rape Elimination Policy (11) Policy and procedure to detect, prevent, and respond Sebastopol Police Department Policy Manual to retaliation against any staff or inmate after reporting Sections: any abuse. • 902.4.1: Member Responsibilities ☒ ☐ ☐ • 902.4.2: Watch Commanders Responsibilities • 902.5: Investigations 5695 Sonoma Sebastopol PRO 18-20 - 5 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (e) The manual for Temporary Holding, Court Holding, Sebastopol Police Department Policy Manual Type I, II, III, and IV facilities shall provide for, but not be Section 902.4: Reporting Sexual Abuse, limited to, the following: Harassment and Retaliation (1) multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other Prisoners may report to any staff member inmates or staff for reporting sexual abuse and sexual verbally, in writing privately or anonymously. harassment, and staff neglect or violation of At intake, staff are to notify all prisoners of zero ☒ ☐ ☐ responsibilities that may have contributed to such tolerance policy and one way to report to a public incidents, or private entity that is not part of the department. Policy is in place; however, there were no prisoners in custody to confirm practice. Signs providing reporting information are posted in the facility for prisoners to see. (2) a method for uninvolved inmates, family, Sebastopol Police Department Policy Manual community members, and other interested third-parties Section 902.3: PREA Coordinator and 902.4.1: to report sexual abuse or sexual harassment. The Member Responsibilities method for reporting shall be publicly posted at the ☒ ☐ ☐ facility. Signs providing reporting information are posted in the lobby for the public and third-party persons to see. 1030 SUICIDE PREVENTION PROGRAM 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 Sebastopol Police Department Policy Manual contact with inmates. Section 900.12: Training ☒ ☐ ☐ All staff have been trained. (b) Intake screening for suicide risk immediately upon Sebastopol Police Department Policy Manual intake and prior to housing assignment. Section 900.4: Initiating Temporary Custody and 900.4.1: Screening and Placement All prisoners are screened through the use of the Sonoma County Detention Facilities Pre- Booking Medical and Mental Health Screening ☒ ☐ ☐ upon entry into the THF. If they exhibit any signs or report to be suicidal, they are taken directly to the hospital and all information is provided to the receiving entity. All documentation was completed and was consistent with regulation and policy requirements. 5695 Sonoma Sebastopol PRO 18-20 - 6 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (c) Provisions facilitating communication among Sebastopol Police Department Policy Manual arresting/transporting officers, facility staff, medical and Section 900.4: Initiating Temporary Custody and mental health personnel in relation to suicide risk. 900.4.1: Screening and Placement Officers evaluate all prisoners for any risks. The ☒ ☐ ☐ booking officer must screen the individual for any medical or suicidal risks and will ask the arresting officer if there has been any statements or other suicidal indications. The Watch Commander is notified of anything significant. (d) Housing recommendations for inmates at risk of suicide. Sebastopol Police Department Policy Manual Section 900.4: Initiating Temporary Custody ☒ ☐ ☐ The agency Watch Commander will determine appropriate housing based on the information received. (e) Supervision depending on level of suicide risk. Sebastopol Police Department Policy Manual Section 900.3.1: Inmates Who Should Not Be in Temporary Custody ☒ ☐ ☐ Staff provide continuous direct supervision until evaluation, release, or transfer can occur. (f) Suicide attempt and suicide intervention policies and Healdsburg Police Department Policy Manual ☒ ☐ ☐ procedures. Section 900.8: Holding Cells (g) Provisions for reporting suicides and suicides attempts. Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 900.9: Suicide Attempt, Death, or Serious Injury (h) Multi-disciplinary administrative review of suicides and Sebastopol Police Department Policy Manual attempted suicides as defined by the facility ☒ ☐ ☐ Section 900.9: Suicide Attempt, Death, or administrator. Serious Injury 1032 FIRE SUPPRESSION PREPLANNING Sebastopol Police Department Policy Manual Section 900.11(g): Assigned Administrator 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 Sebastopol Police Department Policy Manual department to be included as part of the policy and procedures Section 900.11(g): Assigned Administrator manual (Title 15, California Code of Regulations Section ☒ ☐ ☐ 1029); Agency administrator communicates regularly with Sebastopol Fire Chief Bill Bragga. (b) regular fire prevention inspections by facility staff on a Sebastopol Police Department Policy Manual monthly basis with two-year retention of the inspection ☒ ☐ ☐ Section 900.11(g): Assigned Administrator record; (c) fire prevention inspections as required by Health and Sebastopol Police Department Policy Manual Safety Code Section 13146.1(a) and (b) which requires Section 900.11(g): Assigned Administrator inspections at least once every two years; ☒ ☐ ☐ Sebastopol Fire Department inspects the facility. The last inspection was completed on 05/23/2019. 5695 Sonoma Sebastopol PRO 18-20 - 7 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) an evacuation plan; and, Sebastopol Police Department Policy Manual Section 900.11(g): Assigned Administrator ☒ ☐ ☐ An evacuation plan was posted in the interior of the THF. (e) a plan for the emergency housing of inmates in the case of Sebastopol Police Department Policy Manual ☒ ☐ ☐ fire. Section 900.11(g): Assigned Administrator 1044 INCIDENT REPORTS Sebastopol Police Department Policy Manual Section 900.5.8: Reporting Physical Harm or Serious Threat of Physical Harm 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 ☒ ☐ ☐ All incident reports would be written as part of serious threat of physical harm, to an employee or inmate of the original crime report and maintained with a detention facility or other person. those records. No incident reports to review. Such records shall include the names of the persons Sebastopol Police Department Policy Manual involved, a description of the incident, the actions taken, and ☒ ☐ ☐ Section 900.5.8: Reporting Physical Harm or the date and time of the occurrence. Serious Threat of Physical Harm Such a written record shall be prepared by the staff assigned Sebastopol Police Department Policy Manual to investigate the incident and submitted to the facility ☒ ☐ ☐ Section 900.5.8: Reporting Physical Harm or manager or his/her designee. Serious Threat of Physical Harm 1046 DEATH IN CUSTODY Sebastopol Police Department Policy Manual Section 900.9: Suicide Attempt, Death, or Serious Injury (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 Sebastopol Police Department Policy Manual clinical care; whether changes to policies, procedures, or Section 900.9: Suicide Attempt, Death, or ☒ ☐ ☐ practices are warranted; and to identify issues that require Serious Injury further study. (b) Death of a Minor Sebastopol Police Department Policy Manual In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ Section 311.12: Suicide Attempt, Death, or lockup, or court holding facility: Serious Injury of a Juvenile. (1) The administrator of the facility shall provide to the Sebastopol Police Department Policy Manual Board a copy of the report submitted to the Attorney Section 311.12g Suicide Attempt, Death, or General under Government Code Section 12525. A copy ☒ ☐ ☐ Serious Injury of a Juvenile 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 Sebastopol Police Department Policy Manual administrator, the Board may within 30 calendar days Section 311.12 Suicide Attempt, Death, or inspect and evaluate the jail, lockup, or court holding Serious Injury of a Juvenile ☒ ☐ ☐ 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. 5695 Sonoma Sebastopol PRO 18-20 - 8 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN Sebastopol Police Department Policy Manual Section 900.4.1: Screening and Placement (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written Absent extenuating circumstances, only one classification plan designed to properly assign inmates to person is placed into a single cell. housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, Watch Commander approval and classification physical or mental health needs, assaultive/non-assaultive screening of each arrestee is required if more behavior, risk of being sexually abused, or sexually harassed than one arrestee is placed into a cell. 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 Sebastopol Police Department Policy Manual for male or female inmates, and in making other housing and Section 900.4.1 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 Sebastopol Police Department Policy Manual Section 900.3.1: Individuals Who Should Not Be in Temporary Custody The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures specifying those symptoms that require Any person suspected of having a communicable segregation of an inmate until a medical evaluation is disease will be transported directly to the county completed. jail. At the time of intake into the facility, an inquiry shall be Sebastopol Police Department Policy Manual made of the person being booked as to whether or not he/she Section 900.20: Initial Temporary Custody has or has had any communicable diseases, such as tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ Reviewed medical screening forms and those any other communicable diseases, or other special medical reviewed were found to be completed as problem identified by the health authority. The response required. shall be noted on the booking form and/or screening device. 1052 MENTALLY DISORDERED INMATES Sebastopol Police Department Policy Manual The facility administrator, in cooperation with the Section 900.3.1: Individuals Who Should Not Be responsible physician, shall develop written policies and in Temporary Custody ☒ ☐ ☐ procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. 5695 Sonoma Sebastopol PRO 18-20 - 9 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If an evaluation from medical or mental health staff is not Sebastopol Police Department Policy Manual readily available, an inmate shall be considered mentally Section 900.3.1: Individuals Who Should Not Be disordered for the purpose of this section if he or she appears in Temporary Custody to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ Prisoners who are identified as possible mentally disabled are transported to the jail, hospital, or An evaluation from medical or mental health staff shall be other facility where they are evaluated. 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 Sebastopol Police Department Policy Manual ☒ ☐ ☐ the inmate or others. Section 900.4.3: Segregation Of Inmates 1053 ADMINISTRATIVE SEGREGATION Healdsburg Police Department Policy Manual Except in Type IV facilities, each facility administrator shall Section 900.4.3: Segregation Of Inmates develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: promote activity or behavior that is criminal in nature or disruptive to facility operations; demonstrate influence over other inmates, including influence to promote or direct action or behavior that is ☒ ☐ ☐ criminal in nature or disruptive to the safety and security of other inmates or facility staff, as well as to the safe operation of the facility; escape; assault, attempted assault, or participation in a conspiracy to assault or harm other inmates or facility staff; or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and Healdsburg Police Department Policy Manual secure housing but shall not involve any other deprivation of Section 900.4.3: Segregation Of Inmates ☒ ☐ ☐ privileges than is necessary to obtain the objective of protecting the inmates and staff. 1055 USE OF SAFETY CELL There is no Safety Cell at the Sebastopol Police Department. The remainder of this section is marked as Not Applicable (NA). The safety cell described in Title 24, Part 2, Section ☒ ☐ ☒ 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☐ ☐ ☒ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☐ ☐ ☒ a substitute for treatment. An inmate shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible ☐ ☐ ☒ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily ☐ ☐ ☒ sick call, whichever is earliest. The inmate shall be medically cleared for continued ☐ ☐ ☒ retention every 24 hours thereafter. 5695 Sonoma Sebastopol PRO 18-20 - 10 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with ☐ ☐ ☒ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented. ☐ ☐ ☒ Procedures shall be established to assure administration of ☐ ☐ ☒ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☐ ☐ ☒ risks to the inmate's safety or to the security of the facility are documented. 1056 USE OF SOBERING CELL Sebastopol Police Department Policy Manual Section 900.8.1: Use of Sobering Cell The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a ☒ ☐ ☐ Agency has a sobering cell but has not used it threat to their own safety or the safety of others due to their since 2014. 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 are able to continue in the processing. ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. ☒ ☐ ☐ 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. 1057 DEVELOPMENTALLY DISABLED Sebastopol Police Department Policy Manual INMATES Section 900.3.1: Individuals Who Should Not Be The facility administrator, in cooperation with the in Temporary Custody responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the identification and evaluation, appropriate classification and housing, protection, and Prisoners who are identified as developmentally nondiscrimination of all developmentally disabled inmates. disabled are transported to the jail, hospital, or other facility. The health authority or designee shall contact the regional Completed at the County Jail. center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis ☐ ☐ ☒ and/or treatment within 24 hours of such determination, excluding holidays and weekends. 5695 Sonoma Sebastopol PRO 18-20 - 11 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES Sebastopol Police Department Policy Manual Section 900.6 The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this Sebastopol Police Department Policy Manual regulation, at a minimum, the policy shall address the Section 900.6 ☒ ☐ ☐ following areas: acceptable restraint devices; signs or symptoms which should result in immediate Sebastopol Police Department Policy Manual ☒ ☐ ☐ medical/mental health referral; Section 900.6 availability of cardiopulmonary resuscitation equipment; Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 900.6 protective housing of restrained persons; Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 900.6 provision for hydration and sanitation needs; and Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 900.6 exercising of extremities. Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 900.6 In no case shall restraints be used for punishment or as a Sebastopol Police Department Policy Manual ☒ ☐ ☐ substitute for treatment. Section 900.6 Restraint devices shall only be used on inmates who display Sebastopol Police Department Policy Manual behavior which results in the destruction of property or Section 900.6 reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an 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 Sebastopol Police Department Policy Manual of the facility manager, the facility watch commander, Section 900.6 ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be Sebastopol Police Department Policy Manual secured within one hour from the time of placement. ☒ ☐ ☐ Section 900.6 A medical assessment shall be completed within four hours Sebastopol Police Department Policy Manual of placement. ☒ ☐ ☐ Section 900.6 If the facility manager, or designee, in consultation with Sebastopol Police Department Policy Manual responsible health care staff determines that an inmate Section 900.6 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 Sebastopol Police Department Policy Manual every thirty minutes to ensure that the restraints are properly Section 900.6 ☒ ☐ ☐ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. 5695 Sonoma Sebastopol PRO 18-20 - 12 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS While in restraint devices all inmates shall be housed alone Sebastopol Police Department Policy Manual or in a specified housing area for restrained inmates which ☒ ☐ ☐ Section 900.6 makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of Sebastopol Police Department Policy Manual handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ Section 900.6 restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES Sebastopol Police Department Policy Manual Section 900.6.1 Pregnant Adults and Section 306.3.1: 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 Sebastopol Police Department Policy Manual delivery shall not be restrained by the use of leg irons, ☒ ☐ ☐ Section 306.3.2: Restraint of Pregnant Persons waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in Sebastopol Police Department Policy Manual recovery after delivery, shall not be restrained by the Section 306.3.2: Restraint of Pregnant Persons ☒ ☐ ☐ wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. (3) Restraints shall be removed when a professional Sebastopol Police Department Policy Manual who is currently responsible for the medical care of a Section 305.3.2: Restraint of Pregnant Persons 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 Sebastopol Police Department Policy Manual shall be advised, orally or in writing, of the standards Section 305.3.2: Restraint of Pregnant Persons ☒ ☐ ☐ and policies governing pregnant inmates. . 1067 ACCESS TO TELEPHONE Sebastopol Police Department Policy Manual Section 900.5.5: Telephone Calls The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone A minimum of three calls are provided to all beyond those telephone calls which are required by Section arrestees. Additional calls may be made as 851.5 of the Penal Code. requested. 1068 ACCESS TO COURTS AND COUNSEL Sebastopol Police Department Policy Manual Sections 900.5.2 Temporary Custody Requirements, 900.5.5: Telephone Calls and The facility administrator shall develop written policies and procedures to ensure inmates have access to the court and to ☒ ☐ ☐ 900.5.9: Attorneys and Bail Bondsmen legal counsel. Such access shall consist of: 900.7.1 Telephone call Procedures (a) unlimited mail as provided in Section 1063 of these Prisoners are not generally in the THF that long regulations, and, ☒ ☐ ☐ to request for mail; however, if they ask, staff will let them write letters. 5695 Sonoma Sebastopol PRO 18-20 - 13 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) confidential consultation with attorneys. Sebastopol Police Department Policy Manual Sections 900.5.2: Temporary Custody Requirements and 900.5.9: Attorneys and Bail Bondsmen ☒ ☐ ☐ Attorneys are welcome to visit prisoners as needed and are afforded privacy and confidentiality. 900.9.5: Attorneys and Bail Bondsmen 1080 RULES AND DISCIPLINARY PENALTIES Sebastopol Police Department Policy Manual Section 900.5.10: Discipline Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary ☒ ☐ ☐ Discipline is not administered at the facility. The penalties to guide inmate conduct. remainder of this section is marked as Not Applicable (NA). Such rules and disciplinary penalties shall be stated simply and affirmatively and posted conspicuously in housing units ☐ ☐ ☒ and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be 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. 1081 PLAN FOR INMATE DISCIPLINE Sebastopol Police Department Policy Manual Section 900.5.10: Discipline If discipline is NOT administered, written policy should indicate as such. If discipline is administered, Sections 1080, Discipline is not administered at the facility. The 1081, 1082, 1083 and 1084 apply. ☒ ☐ ☐ remainder of this section is marked as Not Applicable (NA). Each facility administrator shall develop written policies and procedures for inmate discipline. The plan shall include, but not be limited to, the following elements: (a) Temporary Loss of Privileges: For minor acts of non- conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to ☐ ☐ ☒ television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval. (b) Punitive Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the ☐ ☐ ☒ staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time. ☐ ☐ ☒ 2. Placement in disciplinary separation. ☐ ☐ ☒ 3. Disciplinary separation diet. ☐ ☐ ☒ 4. Loss of privileges mandated by regulations. ☐ ☐ ☒ A staff member with investigative and punitive authority shall be designated as a disciplinary officer to impose such ☐ ☐ ☒ consequences. 5695 Sonoma Sebastopol PRO 18-20 - 14 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Staff shall not participate in disciplinary review if they are ☐ ☐ ☒ involved in the charges. Such charges pending against an inmate shall be acted on with the following provisions and within specified ☐ ☐ ☒ timeframes: 1. A copy of the report, and/or a separate written notice ☐ ☐ ☒ of the violation(s), shall be provided to the inmate. 2. Unless declined by the inmate, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. The hearing ☐ ☐ ☒ may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. 3. The inmate shall be permitted to appear on his/her own behalf at the time of hearing and present witnesses and documentary evidence. The inmate shall have ☐ ☐ ☒ access to staff or inmate assistance when the inmate is illiterate or the issues are complex. 4. A charge(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in ☐ ☐ ☒ writing. 5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the ☐ ☐ ☒ action taken shall be reviewed by the facility manager or designee. 6. The inmate shall be advised in a written statement by the fact-finders about the evidence relied on and the ☐ ☐ ☒ reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5. 7. There shall be a policy of review and appeal to a ☐ ☐ ☒ supervisor on all disciplinary action. (c) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in ☐ ☐ ☒ which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations. (d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a ☐ ☐ ☐ legitimate, non-punitive administrative purpose. 5695 Sonoma Sebastopol PRO 18-20 - 15 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1082 FORMS OF DISCIPLINE Sebastopol Police Department Policy Manual Section 900.5.10: Discipline The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule Discipline is not administered at the facility. The infraction. Acceptable forms of discipline shall consist of, remainder of this section is marked as Not but not be limited to, the following: Applicable (NA). (a) Loss of privileges. (b) Extra work detail. ☐ ☐ ☒ (c) Short term lockdown for less than 24 hours. (d) Removal from work details. (e) Forfeiture of “good time” credits earned under Penal Code Section 4019. (f) Forfeiture of “work time” credits earned under Penal Code Section 4019. (g) Disciplinary separation. (h) Disciplinary separation diet. 1083 LIMITATIONS ON DISCIPLINARY Sebastopol Police Department Policy Manual ACTIONS Section 900.5.10: Discipline The Penal Code and the State Constitution expressly Discipline is not administered at the facility. The prohibit all cruel and unusual punishment. Additionally, remainder of this section is marked as Not there shall be the following limitations: Applicable (NA). (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented. (b) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any ☐ ☐ ☒ portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24-hour period. (c) The delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other ☐ ☐ ☒ inmate or group of inmates (Penal Code section 4019.5) (d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary ☐ ☐ ☒ purposes. (e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as ☐ ☐ ☒ specified in Section 1265 of these regulations (f) Food shall not be withheld as a disciplinary measure. ☐ ☐ ☒ (g) The disciplinary separation diet described in section 1247 of these regulations shall only be utilized for major ☐ ☐ ☒ violations of institutional rules. 5695 Sonoma Sebastopol PRO 18-20 - 16 - A351 TH PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on ☐ ☐ ☒ the disciplinary separation diet and ensure that medical staff is notified. (2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet ☐ ☐ ☒ every 72 hours after the initial placement. (h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be ☐ ☐ ☒ suspended for no longer than 72 hours, without the review and approval of the facility manager. (i) In no case shall access to courts and legal counsel be ☐ ☐ ☒ suspended as a disciplinary measure. 1084 DISCIPLINARY RECORDS Sebastopol Police Department Policy Manual Section 900.5.10: Discipline Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered ☐ ☐ ☒ Discipline is not administered at the facility. The therefore. This requirement may be satisfied by retaining remainder of this section is marked as Not copies of rule violation reports and report of the disposition Applicable (NA). of each. DETENTION OF MINORS YES NO COMEMNTS 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. 5695 Sonoma Sebastopol PRO 18-20 - 17 - 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. P/P/REFERENCE – COMMENTS YES NO N/A All juvenile policy was the same. 1047 SERIOUS ILLNESS OR INJURY OF A MINOR Sebastopol Police Department Policy Manual IN AN ADULT DETENTION FACILITY Section 311.12: Suicide Attempt, Death, or Serious Injury of a Juvenile. 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 Sebastopol Police Department Policy Manual Section 311: 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; Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 311.3.2: Suicide Prevention of Juveniles in Custody (b) use of restraints; Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 311.9: Use of Restraint Devices (c) emergency medical assistance and services; and, Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 311.3.1: Emergency Medical Care of Juveniles in Custody (d) prohibiting use of discipline. Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 311.8(o): Temporary Custody Requirements 1143 CARE OF MINORS IN TEMPORARY Sebastopol Police Department Policy Manual CUSTODY Section 311: Temporary Custody of Juveniles ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 311.8 (e) (2) one snack upon request during term of temporary Sebastopol Police Department Policy Manual custody if the minor has not eaten within the past four (4) ☒ ☐ ☐ Section 311.8(f) hours or is otherwise in need of nourishment; (3) access to drinking water; and, Sebastopol Police Department Policy Manual ☒ ☐ ☐ Section 311.8(g) (4) privacy during consultation with family, guardian, Sebastopol Police Department Policy Manual ☒ ☐ ☐ and/or lawyer. Section 311.8 (i) (5) blankets and clothing, as necessary, to assure the Sebastopol Police Department Policy Manual ☒ ☐ ☐ comfort of the minor; and, Section 311.8(k) (6) his or her personal clothing unless the clothing is Sebastopol Police Department Policy Manual inadequate, presents a health or safety problem, or is ☒ ☐ ☐ Section 311.8(j) required to be utilized as evidence of an offense. 1144 CONTACT BETWEEN MINORS AND ADULT Sebastopol Police Department Policy Manual PRISONERS Section 311.7: No-Contact Requirements ☒ ☐ ☐ The facility administrator shall establish policies and Sight and sound separation between minors and procedures to restrict contact, as defined in Section 1006, adults and between non-offenders/status between minors and adults confined in the facility. offenders and 602 juveniles. 5695 Sonoma Sebastopol PRO 18-20 - 18 - 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. P/P/REFERENCE – COMMENTS YES NO N/A All juvenile policy was the same. In situations where brief or accidental contact may occur, Sebastopol Police Department Policy Manual such as booking or facility movement, facility staff (trained Section 311.7: No-Contact Requirement 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 Sebastopol Police Department Policy Manual Section 311.11: Secure Custody 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 Sebastopol Police Department Policy Manual serious security risk of harm to self or others, the officer may Section 311.11(a): Secure Custody ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was Sebastopol Police Department Policy Manual ☒ ☐ ☐ taken into custody; Section 311.11(b): Secure Custody (c) minor's behavior, including the degree to which the Sebastopol Police Department Policy Manual ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; Section 311.11(c): Secure Custody (d) the availability of staff to provide adequate Sebastopol Police Department Policy Manual ☒ ☐ ☐ supervision or protection of the minor; and, Section 311.11(d): Secure Custody (e) the age, type, and number of other individuals who Sebastopol Police Department Policy Manual ☒ ☐ ☐ are detained in the facility. Section 311.11(e): Secure Custody 1146 CONDITIONS OF SECURE CUSTODY Sebastopol Police Department Policy Manual Section 311.11: Secure Custody 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 Sebastopol Police Department Policy Manual CUSTODY INSIDE A LOCKED ENCLOSURE Section 311.11.1: Locked Enclosures ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; Sebastopol Police Department Policy Manual ☒ ☐ ☐ and, Section 311.11.1(a): Locked Enclosures 5695 Sonoma Sebastopol PRO 18-20 - 19 - 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. P/P/REFERENCE – COMMENTS YES NO N/A All juvenile policy was the same. (2) safety checks, as defined in Section 1006, of the Sebastopol Police Department Policy Manual minor by staff of the law enforcement facility, at Section 311.11.1(d): Locked Enclosures ☒ ☐ ☐ least once every 30 minutes, which shall be documented. Safety checks are conducted every 15 minutes. (b) Males and females shall not be placed in the same Sebastopol Police Department Policy Manual locked room unless under constant direct visual ☒ ☐ ☐ Section 311.11.1(e) observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE Sebastopol Police Department Policy Manual CUSTODY OUTSIDE OF A LOCKED Section 311.11: Secure Custody 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 Sebastopol Police Department Policy Manual direct visual observation to assure the minor's safety while ☒ ☐ ☐ Section 311.11: Secure Custody secured to a stationary object. Securing minors to a stationary object for longer than 60 Sebastopol Police Department Policy Manual minutes, and every 30 minutes thereafter, shall be ☒ ☐ ☐ Section 311.11: Secure Custody approved by a supervisor. The decision for securing a minor to a stationary object for Sebastopol Police Department Policy Manual longer than 60 minutes, and every 30 minutes thereafter shall Section 311.11: Secure Custody ☒ ☐ ☐ be based upon the best interests of the minor and shall be documented. 1149 CRITERIA FOR NON-SECURE CUSTODY Sebastopol Police Department Policy Manual Section 311.4: Custody of Juveniles 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- Sebastopol Police Department Policy Manual SECURE CUSTODY Section 311.1.1: Definitions, Non-secure custody and Section 311.6: Juvenile Custody Logs 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. 5695 Sonoma Sebastopol PRO 18-20 - 20 - 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. P/P/REFERENCE – COMMENTS YES NO N/A All juvenile policy was the same. 1151 MINORS UNDER THE INFLUENCE OF ANY Sebastopol Police Department Policy Manual INTOXICATING SUBSTANCE IN SECURE OR NON- Section 311.3: Juveniles Who Should Not Be SECURE CUSTODY Held Facility administrators shall develop policies and procedures Sub-section (d) Requires approval of the Watch providing that a medical clearance shall be obtained for ☒ ☐ ☐ Commander and Medical Clearance 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. TA: suggest you look at your policy for Should v shall in these areas and also to determine if you should increase the check an intoxicated youth. Supervision of minors in secure custody in a locked room Sebastopol Police Department Policy Manual who display outward signs of being under the influence of Section 311.11.1: Locked Enclosures drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☒ ☐ ☐ Policy requires unscheduled safety checks to resolution of the intoxicated state or release. These safety occur no less than every 15 minutes regardless if checks shall be documented, with actual time of occurrence the youth is intoxicated or not. recorded. Supervision of minors in secure custody outside of a locked Sebastopol Police Department Policy Manual room who display outward signs of being under the Section 311.11.: Secure Custody influence of drugs, alcohol or any other intoxicating substance shall be supervised in accordance with Section ☒ ☐ ☐ Policy requires direct supervision if a youth is 1148. handcuffed to a fixed object regardless if the youth is intoxicated or not. Supervision of minors in nonsecure custody who display Sebastopol Police Department Policy Manual outward signs of being under the influence of drugs, alcohol Section 311.1.1: Definitions, Non-secure custody or any other intoxicating substance shall be supervised in accordance with Section 1150. ☒ ☐ ☐ Policy requires direct supervision of a youth held in non-secure custody regardless if the youth is intoxicated or not. 5695 Sonoma Sebastopol PRO 18-20 - 21 - A351 TH PRO eff. 1/2019 (18-20).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: 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: 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: 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: facility is restricted in accordance with WIC Section 208. 207.1(d)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 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 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 Number of violations: minor was securely detained. 207.1(d)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: law enforcement facility for longer than six hours. 5695 Sonoma Sebastopol PRO 18-20 - 22 - A351 TH PRO eff. 1/2019 (18-20).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS Applicable Title 24 Regulations: 6/94; 2/99; 2001; 2005; 2008 BSCC Code: 5695 FACILITY NAME: Sebastopol Police Department FACILITY TYPE: THF APPLICABLE REGULATIONS (Check All That Apply): 6/94: 2/99: 2001: 2005: 2008: Other: 1988 FIELD REPRESENTATIVE: Lisa Southwell DATE: September 10, 2019 TITLE 24 SECTION YES NO N/A COMMENTS Reception and Booking (2.1) Contains a weapons locker, designed as outlined in these X regulations. Contains a cell or room for confinement pending booking X Contains a detoxification cell (WA in TH; NA in CH) 01: Name changed to “sobering cell.” X 2-99: Two detoxification cells are provided if both male and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available X 2-99: Access to shower must be within the secure area Provides secure vault or storage for inmate valuables X Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running water X Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear ceiling X height of 8 feet or more Contains sufficient seating to accommodate all inmates X Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or more Inmates are never held longer than 12 hours. X Temporary Staging Cell or Room (2.3) Holds inmates classified and segregated per Title 15 § 1050 X and 1053 Safety Equipment Storage (2.19) Adequate space is provided to store equipment such as fire X extinguishers, SCBA, emergency lights, etc. Janitors' Closet (2.20) Lockable, containing a mop sink and storage space X 01: Mop sink may be separate from janitors’ closet 1 5695 Sonoma Sebastopol PHY 18-20 A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS 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, X 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 X fire and life safety, security, communication and alarm systems. Attorney Interview Space (2.26) Available and provides for confidentiality X 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 X 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 X calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Available in each temporary holding, staging and X sobering cell. 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 X (bubbler). 2-99: Mouth guard requirement deleted Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. X 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 X inches in on dimension. 2 5695 Sonoma Sebastopol PHY 18-20 A382 PHY CH-TH 94 99 01 05.dot (8/05) TITLE 24 SECTION YES NO N/A COMMENTS Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per inmate. X 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) A secure weapons locker is located outside the security perimeter of the facility and no weapons are brought into X the security area. Lockers have individual compartments, locks and keys. 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 X areas of non-compliance that are applicable to the facility type and construction date in the "comments" section.) 3 5695 Sonoma Sebastopol PHY 18-20 A382 PHY CH-TH 94 99 01 05.dot (8/05) BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5695 FACILITY: Sebastopol Police Department TYPE: THF RC: (0) FIELD REPRESENTATIVE: Lisa Southwell Date: September 10, 2019 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 Booking Pre-Book 1 Holding 1988 1 4 (4) 6.0' X 8.0' Notes: 6' bench; shower is handicapped accessible in the booking area; plumbing fixtures available outside the cell when needed. 2 Sobering 1988 1 3 (3) 8.0' X 8.0' 1 1 1 3, 4 & 5 Holding 1988 3 1 4 (12) 9.5' X 8.0' 1 1 1 6 Holding 1988 1 1 4 (4) 15.0' X 9.0' 1 1 1 Notes: Bunks in cells 3-6 are 30" X 76" and calculates as bench space for Rated Capacity of 4 per holding cell. Cells would be rated for one person if held for longer than 12 hours, when a bunk is required. Holding cell # 6 is a handicapped cell. Note: 2018 – Sobering Cell has been removed from use. *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. 5695 Sonoma Sebastopol LAS 18-20 - 1 - A360 LAS Adult.dot (9/98)