Tulare County, Porterville Police Department (2020-2022 inspection cycle)

August 25, 2022 Jake Castellow, Chief of Police Porterville Police Department 291 North Main Street Porterville, CA 93257 RE: 2020/2022 BIENNIAL INSPECTION, PENAL CODE 6031, WELFARE & INSTITUTION CODE 209 OF THE PORTERVILLE POLICE DEPARTMENT’S TEMPORARY HOLDING FACILITY Dear Chief Castellow: The 2020/2022 biennial inspection of the Porterville Police Department’s Temporary Holding Facility has been completed. A pre-inspection briefing was held on June 2, 2022 and the facility was inspected on July 12, 2022. Pursuant to Penal Code Section 6031, these inspections were performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the separation requirements of juveniles from incarcerated adults. The complete Board of State and Community Corrections (BSCC) inspection report is enclosed and consists of the following: this transmittal letter; a Title 15 Procedures checklist, outlining applicable minimum standards for juvenile detention facilities; a Physical Plant Evaluation, outlining applicable Title 24 minimum standards; and the Living Area Space Evaluation (LASE), summarizing the physical plant configuration and outlining the rated capacity of the 0. Please refer to the Title 15 Procedures Checklist for a summary of all relevant minimum standards, indication of compliance or noncompliance, and information used to determine compliance. MANDATORY LOCAL INSPECTIONS In addition to the biennial inspection by the BSCC, inspections are also required annually by the County Health Officer and biennially by the State Fire Marshal or an authorized representative (Health and Safety Code Sections 101045 and 13146.1). Results of those inspections are considered a part of this report. The dates of the local inspections are listed below. We encourage the practice of maintaining a permanent file for historical copies of all inspections including documentation of corrections made following the inspection. Jake Castellow Chief of Police Page 2 FACILITY NAME FIRE INSP. MEDICAL/MENTAL ENVIRONMENTAL NUTRITIONAL HEALTH HEALTH HEALTH Porterville Police 6-27-2022 4-25-2022 4-25-2022 N/A Department Temporary Holding Facility SCOPE OF THE INSPECTION The inspection consisted of a review of the Porterville Police Department’s Policy and Procedure Manual1 and the Porterville Police Department’s Jail Manual, a site visit to review operations, physical plant, relevant documentation, and interviews with administration, facility staff, inmates, and collaborative partners. INSPECTION RESULTS Title 15, CCR Minimum Standards Upon final review of all documentation, there are no outstanding items of noncompliance with Title 15 at the Porterville Police Department’s Temporary Holding Facility. No corrective action is required at this time. Title 24, CCR Physical Plant There were no changes made to the physical plant and your rated capacity remains at 0. Please see the Physical Plant Evaluation for more information. There are no outstanding items of noncompliance with Title 24 minimum standards. Training The Porterville Police Department self-attested they completed their required training in September of 2021. They are compliant with all relevant regulations and mandates. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring We reviewed 24 non-secure and 1 secure detention logs and found no violations of the JJDPA. Please refer to Title 15 Procedures checklist for detailed information. Conclusions On July 12, 2022, BSCC staff held an Exit Brief with your staff. During that brief, BSCC staff provided an overview of the biennial inspection and provided technical assistance and best practices. Due to no noncompliance issues, your agency is not required to provide a Corrective Action Plan. Thank you to Sergeant Jordan for his time and assistance with completing this inspection. 1 BSCC reviews only those policy and procedures required by, and applicable to, Title 15, CCR. BSCC staff do not “approve” policies and procedures or assess them for constitutional or legal issues. Agencies should seek review through their legal advisor, risk manager, and other persons deemed appropriate for such evaluation. 5890 Tulare Porterville PD TH LTR 20-22 Jake Castellow Chief of Police Page 3 This concludes the 2020/2022 biennial inspection report. I am available to assist as needed and happy to provide technical assistance when requested. I look forward to continuing to work together. Please do not hesitate to email me at james.peak@bscc.ca.gov or call (916) 516-4022 if you have any questions. Sincerely, James Peak Field Representative Facilities Standards and Operations Division Enclosures cc: John D. Lollis, City Manager, City of Porterville Tulare County Grand Jury Presiding Judge, Tulare County Superior Court* Chair, Juvenile Justice Commission, Tulare County* *Copies of full inspection are available upon request or available at www.bscc.ca.gov. 5890 Tulare Porterville PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5890 FACILITY NAME: Porterville Police Department Temporary Holding Facility FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sgt. Carl Jordan FIELD REPRESENTATIVE: James Peak DATE: July 12, 2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.4 Training HOLDING FACILITY TRAINING Department members responsible for supervising adults in temporary custody shall Custodial personnel who supervise inmates in, and complete the Corrections Officer Core Course supervisors of, a Court Holding or Temporary Holding or eight hours of specialized training within six facility shall complete 8 hours of specialized training. Such months of assignment. Such training shall training shall include, but not be limited to: include but not be limited to the following (15 CCR 1024): (a) applicable minimum jail standards; (a) Applicable minimum jail standards (b) jail operations liability; (b) Jail operations liability (c) inmate segregation; (d) emergency procedures and planning, fire, and life ☒ ☐ ☐ (c) Inmate segregation safety; and, (d) Emergency procedures and planning, fire safety, and life safety. (e) suicide prevention. (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 Eight hours of refresher training shall be and training, and other relevant factors completed once every two years (15 CCR 1024). The agency self certifies training was completed. Such training shall be completed as soon as practical, but in 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 JM 1.7 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. 1027 NUMBER OF PERSONNEL A sufficient number of personnel shall be employed in each ☒ ☐ ☐ local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 5890 Tulare Porterville PD THJ 20-22 - 1 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Whenever there is an inmate in custody, there shall be at JM 1.8 A. least one employee on duty at all times in a local detention Whenever there is an inmate in custody, there facility or in the building which houses a local detention shall be at least one trained employee on duty facility who shall be immediately available and accessible to ☒ ☐ ☐ inside the building housing the facility. The inmates in the event of an emergency. employee shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there JM 1.8 Number of Personnel C. shall be at least one female employee who shall be Whenever one or more female inmates are in immediately available and accessible to such females. ☒ ☐ ☐ custody, there shall be at least one trained female Note: Reference PC§ 4021. employee immediately available and accessible to such females. To determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and Arresting officer monitors arrestee until retain a staffing plan indicating the personnel assigned in the transported or released. 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 JM 1.8 Number of Personnel B. Visual checks shall be made at least every thirty Safety checks shall be conducted at least hourly through minutes on prisoners. Prisoners who are in direct visual observation of all inmates. There shall be no restraints shall be checked every fifteen minutes. ☒ ☐ ☐ more than a 60-minute lapse between safety checks. Documentation of these checks shall be made on the jail log. JM 2.2 Documentation of Routine Jail Checks There is a written plan that includes the documentation of routine safety checks. BSCC staff reviewed 7 months of logs and ☒ ☐ ☐ determined the facility to be in compliance with this regulation. 1028 FIRE AND LIFE SAFETY STAFF JM 1.9 Fire and Life Safety Staff Pursuant to Penal Code Section 6030(c), Whenever there is an inmate in custody, there shall be at whenever there is an inmate in custody, there least one person on duty at all times who meets the training shall be at least one person on duty at all times standards established by the BSCC for general fire and life ☒ ☐ ☐ who meets the training standards established by safety. (Penal Code section 6030[e]) the State Fire Marshal for general fire and life safety which relate specifically to the facility. After completion of the specialized custody training, all sworn officers below the rank of Captain will meet this criteria. The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 5890 Tulare Porterville PD THJ 20-22 - 2 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 Porterville Police Department policy manual is contained in Lexipol and was updated on 2-23- 2022. 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 In addition, the Porterville Police Department Title 24 regulations and shall be comprehensively reviewed utilizes a Jail Manual. (The Jail Manual will be and updated at least every two years. Such a manual shall be referenced as “JM” followed by the section made available to all employees. number.) ☒ ☐ ☐ 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 200 Organizational Structure and Responsibility ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 900.3 Assigned Administrator ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4) Policy on the use of restraint equipment, including the 302 Handcuffing and Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received JM 4.5 Release of Prisoners C. 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: ☒ ☐ ☐ (A) physical counts of inmates, ☒ ☐ ☐ JM 1.8 Number of Personnel (B) searches of the facility and inmates, JM 1.3 Definitions of Searches JM 1.4 Limitations of Searches ☒ ☐ ☐ JM 1.5 Conduct of Searches 901 Custodial Searches (C) contraband control, and JM 1.3 Definitions of Searches ☒ ☐ ☐ JM 1.4 Limitations of Searches (D) key control. ☒ ☐ ☐ 900.3 Assigned Administrator Each facility administrator shall, at least annually, review, 900.3 Assigned Administrator 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: 900.3 (g) Fire- and life-safety, including a fire (A) fire suppression preplan as required by section ☒ ☐ ☐ suppression pre-plan as required by 15 CCR 1032 of these regulations; 1032 (B) escape, disturbances, and the taking of hostages; ☒ ☐ ☐ 900.3 (e) Escapes (C) mass arrests; 429.5.2 (p) Arrest protocol, including ☒ ☐ ☐ management of mass arrests. (D) natural disasters; ☒ ☐ ☐ 900.3 (h) Disaster Plans 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5890 Tulare Porterville PD THJ 20-22 - 3 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (E) periodic testing of emergency equipment; and ☒ ☐ ☐ JM 2.0 Fire Suppression Preplanning (F) storage, issue, and use of weapons, ammunition, Lockers are at both entrances of the holding ☒ ☐ ☐ chemical agents, and related security devices. facility (8) Suicide Prevention. ☒ ☐ ☐ JM 4.2 Suicide Prevention Program (9) Segregation of Inmates. ☒ ☐ ☐ JM 2.5 Classification Plan (10) Zero tolerance in the prevention of sexual abuse and 902 Prison Rape Elimination ☒ ☐ ☐ sexual harassment. (11) Policy and procedure to detect, prevent, and respond 902 Prison Rape Elimination to retaliation against any staff or inmate after reporting ☒ ☐ ☐ any abuse. (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be PREA signage is posted in the holding area. 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, community members, and other interested third parties PREA signage is posted in the lobby for public to report sexual abuse or sexual harassment. The ☒ ☐ ☐ viewing. method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM JM 4.2 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 JM 1.7 Temporary Holding Facility Training E. ☒ ☐ ☐ contact with inmates. Suicide Prevention (b) Intake screening for suicide risk immediately upon JM 4.2 A. Upon admitting prisoners to the intake and prior to housing assignment. holding facility, it is important to always be alert ☒ ☐ ☐ for those individuals who may exhibit signs of potential suicide. (c) Provisions facilitating communication among 900.2 Release and/or Transfer arresting/transporting officers, facility staff, medical and (g) Any known threat or danger the individual mental health personnel in relation to suicide risk. may pose (e.g., escape risk, suicide potential, medical condition) is documented, and the documentation transported with the individual if ☒ ☐ ☐ he/she is being sent to another facility. 1. The department member transporting the individual shall ensure such risks are communicated to intake personnel at the other facility. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ JM 2.5 Classification Plan (e) Supervision depending on level of suicide risk. ☒ ☐ ☐ (f) Suicide attempt and suicide intervention policies and JM 1.2 Booking Procedure procedures. D. The following classes of arrestees SHALL ☒ ☐ ☐ NOT be detained at the Porterville Police Department holding facility: 6. An arrestee contemplating suicide 5890 Tulare Porterville PD THJ 20-22 - 4 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ (h) Multi-disciplinary administrative review of suicides and JM 2.3 Incident Reports F. attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 1032 FIRE SUPPRESSION PREPLANNING JM 2.0 Fire Suppression Preplanning 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 JM 2.0 Fire Suppression Preplanning B. department to be included as part of the policy and procedures An annual fire inspection will be conducted with manual (Title 15, California Code of Regulations Section ☒ ☐ ☐ the assistance of the Porterville Fire Department. 1029); This inspection shall include a test of the fire alarms and sprinkler system. (b) regular fire prevention inspections by facility staff on a JM 2.0 Fire Suppression Preplanning C. monthly basis with two-year retention of the inspection Fire prevention inspections by facility staff, record; aided by the Porterville Fire Department, will be conducted on a monthly basis, with a two-year ☒ ☐ ☐ retention of the inspection record. BSCC staff reviewed the past 24 months of inspections and determined the facility to be compliant with this regulation. (c) fire prevention inspections as required by Health and The current fire inspection was completed by the Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ Porterville Fire department on June 27, 2022. inspections at least once every two years; (d) an evacuation plan; and ☒ ☐ ☐ JM 2.0 Fire Suppression Preplanning D. (e) a plan for the emergency housing of inmates in the case of JM 2.0 Fire Suppression Preplanning E. fire. ☒ ☐ ☐ In the event of a fire, all inmates will be transported to the Tulare County Jail. 1044 INCIDENT REPORTS JM 2.3 Incident Reports Each facility administrator shall develop written policies and procedures for the maintenance of written records and 323 Report Preparation reporting of all incidents which result in physical harm, or ☒ ☐ ☐ serious threat of physical harm, to an employee or inmate of The facility reported no incidents in the holding a detention facility or other person. area in the past 24 months. If an incident would occur, all reports are generated according to policy. Such records shall include the names of the persons involved, a description of the incident, the actions taken, and ☒ ☐ ☐ the date and time of the occurrence. Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility ☒ ☐ ☐ manager or his/her designee. 5890 Tulare Porterville PD THJ 20-22 - 5 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1046 DEATH IN CUSTODY JM 2.3 Incident Reports F. The Patrol Division Commander, Watch (a) Death in Custody Reviews for Adults and Minors. Commander, and other appropriate command levels are responsible for immediately reviewing The facility administrator, in cooperation with the health such reports upon completion. In the case of a administrator, shall develop written policy and procedures death, or attempted suicide in the holding to ensure that there is an initial review of every in-custody facility, the following information must be death within 30 days. The review team shall include the included in the report(s): facility administrator and/or the facility manager, the health administrator, the responsible physician and other health 1. Time of last check, who made the check, and care and supervision staff who are relevant to the incident. when the victim was last known to be alive and ☒ ☐ ☐ well. 2. Time victim was found in crisis condition and who found the victim. 3. Time first aid was started, what type of aid was administered, and by whom. 4. Time paramedics were called and time they arrived. 5. Time the victim left the holding facility. 6. Names of paramedics, ambulance personnel, coroner’s personnel. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 313.12 Suicide Attempt, Death, or Serious Injury In any case in which a minor dies while detained in a jail, ☒ ☐ ☐ of a Juvenile lockup, or court holding facility: (1) The administrator of the facility shall provide to the (g) In the case of a death, providing a report to Board a copy of the report submitted to the Attorney the Attorney General under Government Code General under Government Code Section 12525. A copy § 12525 within 10 calendar days of the death, ☒ ☐ ☐ of the report shall be submitted within 10 calendar days and forwarding the same report to the Board of after the death. State and Community Corrections within the same time frame (15 CCR 1046). (2) Upon receipt of a report of death of a minor from the (h) A medical and operational review of deaths administrator, the Board may within 30 calendar days and suicide attempts pursuant to 15 CCR inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ 1046. 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. 5890 Tulare Porterville PD THJ 20-22 - 6 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1050 CLASSIFICATION PLAN JM 2.5 Classification Plan (a) Each administrator of a temporary holding, Type I, II, or BSCC staff reviewed the facility’s “booking III facility shall develop and implement a written paperwork” which included questions covering: classification plan designed to properly assign inmates to • Classification housing units and activities according to the categories of sex, • Suicide age, criminal sophistication, seriousness of crime charged, • Medical physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed • Communicable diseases and other criteria which will provide for the safety of the ☒ ☐ ☐ • Mental Health 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 JM 2.5 Classification Plan for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the ☒ ☐ ☐ inmate's health and safety, and whether the placement would present management or security problems. An inmate's own views with respect to his or her own safety shall be given serious consideration. 1051 COMMUNICABLE DISEASES JM 2.7 Communicable Diseases The facility administrator, in cooperation with the 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 A. When a prisoner is brought into the holding made of the person being booked as to whether or not he/she facility, great care is to be taken in screening the has or has had any communicable diseases, such as individual for any health or medical problems. If tuberculosis or has observable symptoms of tuberculosis or you suspect the prisoner has any communicable any other communicable diseases, or other special medical ☒ ☐ ☐ disease such as tuberculosis, hepatitis (A&B), problem identified by the health authority. The response venereal disease, AIDS, vermin (lice and shall be noted on the booking form and/or screening device. scabies), or impetigo, he/she is to be transported to the Tulare County Jail for booking. Be sure to look for Medic-Alert tags or bracelets. 1052 MENTALLY DISORDERED INMATES JM 3.0 Mentally Disordered Inmates The facility administrator, in cooperation with the ☒ ☐ ☐ responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates, and may include telehealth. 5890 Tulare Porterville PD THJ 20-22 - 7 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS If an evaluation from medical or mental health staff is not A prisoner shall be considered mentally readily available, an inmate shall be considered mentally disordered if he/she appears to be a danger to disordered for the purpose of this section if he or she appears himself/herself or others, or if he/she appears to be a danger to himself/herself or others or if he/she gravely disabled. Such a mentally disordered appears gravely disabled. ☒ ☐ ☐ prisoner shall not be housed at the temporary holding facility. The prisoner shall be transported to either Tulare County Mental An evaluation from medical or mental health staff shall be Health or Tulare County Sheriff’s Department, secured within 24 hours of identification or at the next daily at the Watch Commander’s direction. sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION JM 2.5 Classification Plan Except in Type IV facilities, each facility administrator shall C. During the initial booking of each prisoner, develop written policies and procedures which provide for the prisoner will be interviewed so that a proper the administrative segregation of inmates who are classification may be made. The results will be determined to be prone to: promote activity or behavior that written on the department’s classification form is criminal in nature or disruptive to facility operations; that will be forwarded with the report. The demonstrate influence over other inmates, including purpose of the form will be able to identify those influence to promote or direct action or behavior that is prisoners who are prone to: escape; assault staff criminal in nature or disruptive to the safety and security of ☒ ☐ ☐ or other prisoners; disrupt jail operations; or, are other inmates or facility staff, as well as to the safe operation likely to need protection from other inmates. of the facility; escape; assault, attempted assault, or After completion of the Classification Form, participation in a conspiracy to assault or harm other inmates determine if the inmate must be kept separate or or facility staff; or likely to need protection from other allowed to mix with other inmates. If it is inmates, if such administrative segregation is determined to determined that administrative separation is be necessary in order to obtain the objective of protecting necessary for a prisoner, the prisoner will be the welfare of inmates and staff. housed in a separate cell from other prisoners with no deprivation of privileges other than those necessary to obtain the objective of protecting inmates and staff. Administrative segregation shall consist of separate and 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 The Porterville Police Department Temporary Holding Facility does not have a safety cell as defined by this regulation. 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. 5890 Tulare Porterville PD THJ 20-22 - 8 - A351 TH PRO eff. 1/2019 (20-22).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 The Porterville Police Department Temporary Holding Facility does not have a sobering cell as defined by this regulation. The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a threat to their own safety or the safety of others due to their JM 1.2 Booking Procedure ☐ ☐ ☒ state of intoxication and pursuant to written policies and procedures developed by the facility administrator. D. The following classes of arrestees SHALL NOT be detained at the Porterville Police Department holding facility: 10. Inebriated Persons 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 INMATES JM 3.1 Developmentally Disabled Inmates A. Prisoners shall be considered The facility administrator, in cooperation with the developmentally disabled if they are disabled responsible physician, shall develop written policies and due to mental retardation, cerebral palsy, procedures for the identification and evaluation, appropriate epilepsy, autism, or a combination of these classification and housing, protection, and handicaps. ☒ ☐ ☐ nondiscrimination of all developmentally disabled inmates. B. If a prisoner is determined to be developmentally disabled, the prisoner shall not be booked or lodged at the temporary holding facility. The prisoner shall be transported or released to the Central Valley Regional Center or transported to the Tulare County Sheriff’s Department for booking. 5890 Tulare Porterville PD THJ 20-22 - 9 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 JM 3.2 Use of Restraint Devices The facility administrator, in cooperation with the The agency uses Padded belts and cuffs in responsible physician, shall develop written policies and addition to handcuffs and ankle cuffs. The procedures for the use of restraint devices and may delegate agency does not utilize a restraint chair or authority to place an inmate in restraints to a responsible WRAP device. health care staff. ☒ ☐ ☐ JM 1.2 Booking Procedure D. The following classes of arrestees SHALL NOT be detained at the Porterville Police Department holding facility: 1. Pregnant or lactating females In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the ☐ ☐ ☒ following areas: acceptable restraint devices; signs or symptoms which should result in immediate ☐ ☐ ☒ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☐ ☐ ☒ protective housing of restrained persons; ☐ ☐ ☒ provision for hydration and sanitation needs; and ☐ ☐ ☒ exercising of extremities. ☐ ☐ ☒ In no case shall restraints be used for punishment or as a ☐ ☐ ☒ substitute for treatment. Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or 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 of the facility manager, the facility watch commander, ☐ ☐ ☒ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be ☐ ☐ ☒ secured within one hour from the time of placement. A medical assessment shall be completed within four hours ☐ ☐ ☒ of placement. If the facility manager, or designee, in consultation with responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☐ ☐ ☒ the inmate shall be taken to a medical facility for further evaluation. 5890 Tulare Porterville PD THJ 20-22 - 10 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly ☐ ☐ ☒ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which ☐ ☐ ☒ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to ☐ ☐ ☒ restrain inmates for security reasons. 1058.5 RESTRAINTS AND PREGNANT INMATES JM 3.2 Use of Restraints Devices The facility administrator, in cooperation with the C. All pregnant females within the facility responsible physician, shall develop written policies and ☐ ☐ ☒ needing restraints shall be restricted to handcuffs procedures for the use of restraint devices on pregnant only. Handcuffs shall only be placed to the front inmates. In accordance with Penal Code 3407 the policy of the pregnant prisoner. shall include reference to the following: (1) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, ☐ ☐ ☒ waist chains, or handcuffs behind the body. (2) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the ☐ ☐ ☒ 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 who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, ☐ ☐ ☒ delivery, or recovery after delivery determines that the removal of restraints is medically necessary. (4) Upon confirmation of an inmate's pregnancy, she shall be advised, orally or in writing, of the standards ☐ ☐ ☒ and policies governing pregnant inmates. 1067 ACCESS TO TELEPHONE JM 3.3 Access to Telephones The facility administrator shall develop written policies and ☒ ☐ ☐ procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code. 1068 ACCESS TO COURTS AND COUNSEL JM 3.4 Access to the Courts and Counsel 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 ☒ ☐ ☐ regulations, and (b) confidential consultation with attorneys. ☒ ☐ ☐ 5890 Tulare Porterville PD THJ 20-22 - 11 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1080 RULES AND DISCIPLINARY PENALTIES JM 3.5 Plan for Inmate Discipline Discipline will not be administered in this Wherever discipline is administered, each facility facility. If a prisoner violates a law while in administrator shall establish written rules and disciplinary custody, the additional charges should be added penalties to guide inmate conduct. to the original crime report. If the prisoner ☐ ☐ ☒ violates a rule of the holding facility, the officer shall write a brief incident report, and if the prisoner is transferred to Tulare County Jail, a copy of that incident report should be sent with the prisoner. 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 JM 3.5 Plan for Inmate Discipline Discipline will not be administered in this If discipline is NOT administered, written policy should facility. If a prisoner violates a law while in indicate as such. If discipline is administered, Sections custody, the additional charges should be added 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ to the original crime report. If the prisoner violates a rule of the holding facility, the officer shall write a brief incident report, and if the Each facility administrator shall develop written policies and prisoner is transferred to Tulare County Jail, a procedures for inmate discipline. The plan shall include, but copy of that incident report should be sent with not be limited to, the following elements: the prisoner. (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. 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. 5890 Tulare Porterville PD THJ 20-22 - 12 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 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 factfinders 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. 1082 FORMS OF DISCIPLINE JM 3.5 Plan for Inmate Discipline Discipline will not be administered in this The degree of punitive actions taken by the disciplinary facility. If a prisoner violates a law while in officer shall be directly related to the severity of the rule custody, the additional charges should be added infraction. Acceptable forms of discipline shall consist of, to the original crime report. If the prisoner but not be limited to, the following: violates a rule of the holding facility, the officer shall write a brief incident report, and if the (a) Loss of privileges. prisoner is transferred to Tulare County Jail, a (b) Extra work detail. ☐ ☐ ☒ copy of that incident report should be sent with (c) Short term lockdown for less than 24 hours. the prisoner. (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. 5890 Tulare Porterville PD THJ 20-22 - 13 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1083 LIMITATIONS ON DISCIPLINARY JM 3.5 Plan for Inmate Discipline ACTIONS Discipline will not be administered in this facility. If a prisoner violates a law while in The Penal Code and the State Constitution expressly custody, the additional charges should be added prohibit all cruel and unusual punishment. Additionally, to the original crime report. If the prisoner there shall be the following limitations: violates a rule of the holding facility, the officer (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ shall write a brief incident report, and if the prisoner is transferred to Tulare County Jail, a consecutive days there shall be a review by the facility copy of that incident report should be sent with manager before the disciplinary separation status is the prisoner. 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. (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. 5890 Tulare Porterville PD THJ 20-22 - 14 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1084 DISCIPLINARY RECORDS JM 3.5 Plan for Inmate Discipline Discipline will not be administered in this Penal Code Section 4019.5 requires that a record is kept of facility. If a prisoner violates a law while in all disciplinary infractions and punishment administered, custody, the additional charges should be added therefore. This requirement may be satisfied by retaining ☐ ☐ ☒ to the original crime report. If the prisoner copies of rule violation reports and report of the disposition violates a rule of the holding facility, the officer of each. shall write a brief incident report, and if the prisoner is transferred to Tulare County Jail, a copy of that incident report should be sent with the prisoner. 1280 FACILITY SANITATION, SAFETY, AND 900.3 Assigned Administrator MAINTENANCE Annual review and evaluation of security The facility administrator shall develop written policies and measures including internal and external security procedures for the maintenance of an acceptable level of ☒ ☐ ☐ measures, sanitation, safety, and maintenance cleanliness, repair, and safety throughout the facility. Such a (15 CCR 1280). plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? 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. 5890 Tulare Porterville PD THJ 20-22 - 15 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1047 SERIOUS ILLNESS OR INJURY OF A 313.12 Suicide Attempt, Death, or Serious Injury MINOR IN AN ADULT DETENTION of a Juvenile 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 The facility administrator shall develop written policies and ☒ ☐ ☐ procedures concerning minors being held in temporary custody which shall address: (a) suicide risk and prevention; 313.12 Suicide Attempt, Death, or Serious Injury ☒ ☐ ☐ of a Juvenile (b) use of restraints; ☒ ☐ ☐ 313.9 Use of Restraint Devices (c) emergency medical assistance and services; and 313.3.1 Emergency Medical Care of Juveniles in ☒ ☐ ☐ Custody (d) prohibiting use of discipline. 313.8 Temporary Custody Requirements (o) No discipline may be administered to any ☒ ☐ ☐ juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse (15 CCR 1142). 1143 CARE OF MINORS IN TEMPORARY 313.8 Temporary Custody Requirements CUSTODY ☒ ☐ ☐ (a) The following shall be made available to all minors held in temporary custody: (1) access to toilets and washing facilities; (e) Juveniles shall have reasonable access to ☒ ☐ ☐ toilets and wash basins (15 CCR 1143). (2) one snack upon request during term of temporary (f) Food shall be provided if a juvenile has not custody if the minor has not eaten within the past four (4) eaten within the past four hours or is otherwise in hours or is otherwise in need of nourishment; ☒ ☐ ☐ need of nourishment, including any special diet required for the health of the juvenile (15 CCR 1143). (3) access to drinking water; and (g) Juveniles shall have reasonable access to a ☒ ☐ ☐ drinking fountain or water (15 CCR 1143). (4) privacy during consultation with family, guardian, (i) Juveniles shall have privacy during family, and/or lawyer. ☒ ☐ ☐ guardian, and/or lawyer visits (15 CCR 1143). (5) blankets and clothing, as necessary, to assure the (k) Blankets shall be provided as reasonably comfort of the minor; and necessary (15 CCR 1143). ☒ ☐ ☐ 1. The supervisor should ensure that there is an adequate supply of clean blankets. (6) his or her personal clothing unless the clothing is (j) Juveniles shall be permitted to remain in their inadequate, presents a health or safety problem, or is personal clothing unless the clothing is taken as required to be utilized as evidence of an offense. ☒ ☐ ☐ evidence or is otherwise unsuitable or inadequate for continued wear while in custody (15 CCR 1143). 5890 Tulare Porterville PD THJ 20-22 - 16 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1144 CONTACT BETWEEN MINORS AND 313.7 No-Contact Requirements 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, 313.7 No-Contact Requirements 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 A minor who is taken into temporary custody by a peace 313.6 Juvenile Custody Logs officer on the basis that he or she is a person described by (h) Circumstances that justify any secure custody Section 602 of the Welfare and Institutions Code may be held (Welfare and Institutions Code § 207.1; 15 CCR in secure custody in a law enforcement facility that contains a 1145). 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 313.11 Secure Custody 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 313.11 (a) Age, maturity, and delinquent history serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was 313.11 (b) Severity of offense for which the ☒ ☐ ☐ taken into custody; juvenile was taken into custody (c) minor's behavior, including the degree to which the 313.11 (c) The juvenile offender’s behavior ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate 313.11 (d) Availability of staff to provide supervision or protection of the minor; and ☒ ☐ ☐ adequate supervision or protection of the juvenile offender (e) the age, type, and number of other individuals who 313.11 (e) Age, type, and number of other ☒ ☐ ☐ are detained in the facility. individuals in custody at the facility 1146 CONDITIONS OF SECURE CUSTODY 313.11 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. 5890 Tulare Porterville PD THJ 20-22 - 17 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1147 SUPERVISION OF MINORS IN SECURE 313.11 Secure Custody CUSTODY INSIDE A LOCKED ENCLOSURE ☒ ☐ ☐ (a) Minors shall receive adequate supervision which, at a minimum, includes: (1) constant auditory access to staff by the minor; and 313.11.1 Locked Enclosures ☒ ☐ ☐ (b) Juveniles shall have constant auditory access to department members (15 CCR 1147). (2) safety checks, as defined in Section 1006, of the (d) Unscheduled safety checks to provide for the minor by staff of the law enforcement facility, at health and welfare of the juvenile by a staff least once every 30 minutes, which shall be member, no less than once every 15 minutes, shall documented. occur (15 CCR 1147; 15 CCR 1151). 1. All safety checks shall be logged. ☒ ☐ ☐ 2. The safety check should involve questioning the juvenile as to his/her well-being (sleeping juveniles or apparently sleeping juveniles should be awakened). 3. Requests or concerns of the juvenile should be logged. (b) Males and females shall not be placed in the same (e) Males and females shall not be placed in the locked room unless under constant direct visual ☒ ☐ ☐ same locked room (15 CCR 1147). observation by staff of the law enforcement facility. 1148 SUPERVISION OF MINORS IN SECURE 313.11 Locked Enclosures 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 When practicable and when no locked enclosure direct visual observation to assure the minor's safety while is available, handcuffing one hand of a juvenile secured to a stationary object. offender to a fixed object while otherwise maintaining the juvenile in non-secure custody ☒ ☐ ☐ should be considered as the method of secure custody. An employee must be present at all times to ensure the juvenile’s safety while secured to a stationary object (15 CCR 1148). Securing minors to a stationary object for longer than 60 Juveniles shall not be secured to a stationary minutes, and every 30 minutes thereafter, shall be object for more than 60 minutes. Supervisor approved by a supervisor. approval is required to secure a juvenile to a ☒ ☐ ☐ stationary object for longer than 60 minutes and every 30 minutes thereafter (15 CCR 1148). Supervisor approval should be documented. The decision for securing a minor to a stationary object for The decision for securing a minor to a longer than 60 minutes, and every 30 minutes thereafter shall stationary object for longer than 60 minutes and be based upon the best interests of the minor and shall be ☒ ☐ ☐ every 30 minutes thereafter shall be based upon documented. the best interests of the juvenile offender (15 CCR 1148). 5890 Tulare Porterville PD THJ 20-22 - 18 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS 1149 CRITERIA FOR NON-SECURE 313.4 Custody of Juveniles CUSTODY No juvenile should be held in temporary custody Minors held in temporary custody, who do not meet the at the Porterville Police Department without criteria for secure custody as specified in Section 207.1(b) ☒ ☐ ☐ authorization of the arresting officer's supervisor of the Welfare and Institutions Code, may be held in non- or the Watch Commander. Juveniles taken into secure custody to investigate the case, facilitate release of custody shall be held in non-secure custody unless the minor to a parent or guardian, or arrange for transfer of otherwise authorized by this policy. the minor to an appropriate juvenile facility. 1150 SUPERVISION OF MINORS IN NON- 313.6 Juvenile Custody Logs SECURE CUSTODY (b) Date and time of arrival and release from the Porterville Police Department (15 CCR 1150). Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement 313.1.1 Non-Secure custody facility. Entry and release times shall be documented and When a juvenile is held in the presence of an made available for review. Monitoring a minor using officer or other custody employee at all times and audio, video, or other electronic devices shall never replace ☒ ☐ ☐ is not placed in a locked room, cell, or behind any constant direct visual observation. locked doors. Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1; 15 CCR 1150). 1151 MINORS UNDER THE INFLUENCE OF 313.3 Juveniles Who Should Not Be Held ANY INTOXICATING SUBSTANCE IN SECURE OR (d) Significantly intoxicated except when NON-SECURE CUSTODY approved by the Watch Commander. A medical clearance shall be obtained for minors who are Facility administrators shall develop policies and procedures under the influence of drugs, alcohol, or any other providing that a medical clearance shall be obtained for intoxicating substance to the extent that they are minors who are under the influence of drugs, alcohol, or any ☒ ☐ ☐ unable to care for themselves (15 CCR 1151). other intoxicating substance to the extent that they are unable to care for themselves. Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151). Supervision of minors in secure custody in a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until ☐ ☐ ☒ resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☐ ☐ ☒ substance shall be supervised in accordance with Section 1148. 5890 Tulare Porterville PD THJ 20-22 - 19 - A351 TH PRO eff. 1/2019 (20-22).dot TITLE 15, ARTICLE 9, MINORS IN TEMPORARY CUSTODY IN A LAW ENFORCEMENT FACILITY Completed only if minors are held in the jail cell(s) of the Temporary Holding facility. YES NO N/A P/P/REFERENCE - COMMENTS Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol ☐ ☐ ☒ or any other intoxicating substance shall be supervised in accordance with Section 1150. 5890 Tulare Porterville PD THJ 20-22 - 20 - A351 TH PRO eff. 1/2019 (20-22).dot Facility administrators must be aware of the requirements of WIC 207.1(b) 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(b)(1)(A) TEMPORARY CUSTODY Minors (14 years of age and older) are held only for investigating the case, facilitating release to a parent or ☒ ☐ ☐ guardian, or arranging transfer to an appropriate juvenile Number of violations:0 facility. 207.1(b)(1)(B) SECURE CUSTODY Minors have been detained in secure custody in the law ☒ ☐ ☐ enforcement facility for longer than six hours. Number of violations:0 207.1(b)(1)(C) ADVISEMENTS The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the ☒ ☐ ☐ length of time the secure detention is expected to last, Number of violations:0 and of the maximum six-hour period and secure detention is authorized to last. 207.1(b)(1)(D) CONTACT BETWEEN MINOR AND ADULTS Contact between the minor and adults confined in the ☒ ☐ ☐ Number of violations: 0 facility is restricted in accordance with WIC Section 208. 207.1(b)(1)(E) SUPERVISION ☒ ☐ ☐ The minor is adequately supervised. Number of violations: 0 207.1(b)(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:0 minor was securely detained. 207.1(b)(2) NON-SECURE CUSTODY Minors have been detained in non-secure custody in the ☒ ☐ ☐ Number of violations: 0 law enforcement facility for longer than six hours. 5890 Tulare Porterville PD THJ 20-22 - 21 - A351 TH PRO eff. 1/2019 (20-22).dot ADULT COURT AND TEMPORARY HOLDING FACILITIES PHYSICAL PLANT EVALUATION Board of State and Community Corrections Applicable Title 24 Regulations: 1/78 BSCC Code: 5890 FACILITY NAME: Porterville Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 1/78: OTHER: 1986 FIELD REPRESENTATIVE: James Peak DATE: July 12, 2022 TITLE 24 SECTION YES NO N/A COMMENTS Temporary Holding Cells (2.2) X Contain 10 square feet of floor per inmate Limited to no more than 16 inmates X No smaller than 40 square feet X Contain sufficient seating to accommodate all inmates X Toilet accessible X Wash basin accessible X Drinking fountain accessible X Provide for adequate visual supervision of inmates X Bunk provided to inmates held between hours of 2400 and 0600 (Later, less restrictive 1994 standards only require a X bunk if inmates are held longer than 12 hours) Weapons Locker (3.12) External to the security area and equipped with individual X compartments, locks and keys Detoxification/Sobering Cells (WA) (2.4) 01: name change to “Sobering Cell” X Limited to no more than 8 inmates Contain 20 square feet of floor per inmate X No smaller than 60 square feet X Contain toilet, washbasin and drinking fountain X Partitions or handrails located next to toilet fixture to X provide support Padding on the floor X Provide easy, unobstructed visual observation X Safety Cells (WA) (2.5) X Contain 48 square feet with one floor dimension at least 6 feet Ceiling height of at least 8 feet X Limited to no more than one inmate X Contain flush ring toilet (flush with floor) with controls located outside the cell X 5890 Tulare Porterville THJ PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Padded floor, door and walls X Equipped with variable intensity, security light, with controls located outside the cell X Vertical view panel not more than 4 inches wide and at least 24 inches long, located in or adjacent to cell door (Facility planned or constructed prior to 8-86) X Two or more vertical view panels not more than 4 inches wide and at least 24 inches long, one of which must be in X the door (Facility planned or constructed after 8-86; See regulations for later changes)) Solid security door with a food pass having a lockable shutter no more than 4 inches height and located at least 30 X inches above the floor Shower-Delousing Room (3.4) X Available Secure Vault or Storage Space (2.1) X Available for inmate valuables Telephone (2.1) X Available for inmate use per Penal Code § 851.5 Audio Monitoring (2.22) X For facilities planned or constructed after 8-86 Janitor Closet (2.20) X Available Storage Rooms (WA) (2.21) X Available 5890 Tulare Porterville THJ PHY 20-22 - 2 - A370 PHY CH-TH 1-78.dot (03/01) TITLE 24 SECTION YES NO N/A COMMENTS Emergency Power (2.24) Available to maintain fire and life safety, security, X communications and alarm systems Attorney Interview Space (2.26) X Available 5890 Tulare Porterville THJ PHY 20-22 - 3 - A370 PHY CH-TH 1-78.dot (03/01) BOARD OF STATE AND COMMUNITY CORRECTIONS BIENNIAL INSPECTION ADULT DETENTION FACILITY LIVING AREA SPACE EVALUATION BSCC Code: 5890 FACILITY: Porterville Police Department TYPE: THJ RC: 0 FIELD REPRESENTATIVE: James Peak DATE: July 12, 2022 ROOMS EACH ROOM Cell Applicable # EACH CELL Total DIMENSIONS FIXTURES* Location Type Standards Cells # Beds RC RC (L x W x H) T U W F S Note: These are dry cells. There is one bathroom consisting of a toilet and a wash basin that is accessible. There is a fountain in the main hallway of the booking area. Area includes an interview room. Booking Holding 1986 1 1 4 (4) 8.8 x 4.8 x 9.9 Booking Holding 1986 1 1 4 (4) 8.8 x 4.8 x 9.9 Booking Holding 1986 1 1 4 (4) 8.8 x 4.8 x 9.9 Booking Holding 1986 1 1 4 (4) 8.8 x 4.8 x 9.9 Comments: Lack of water closet permitted by applicable code. *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. 5890 Tulare Porterville TH LASE 20-22 - 1 - A360 LAS Adult.dot (9/98)