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

Initial Inspection Report 2020-2022 Biennial Inspection Cycle Date of Exit Briefing: 7/13/2022 Inspection Type: Biennial County: Tulare Facility Name(s): Tulare Police Department Temporary Holding Facility BSCC #(s): 5925 BSCC Type: THJ Facility Representatives: Sgt. Guerrero BSCC Field Representative: James Peak Corrective Action Plan Required? NO DATE CAP DUE TO BSCC: Click or tap to enter a date. Current Items of Noncompliance Title 15. Section Description At the time of the inspection, the required training had § 1024. Court Holding and Temporary not been completed. The required training is Holding Facility Training schedule for September and October of 2022. Technical Assistance Provided Provided technical assistance on booking paperwork and monthly fire inspections. Additional Information August 19, 2022 Wes Hensley, Chief of Police Tulare Police Department 260 South M Street Tulare, CA 93274 RE: 2020/2022 BIENNIAL INSPECTION, PENAL CODE 6031, WELFARE & INSTITUTION CODE 209 OF THE TULARE POLICE DEPARTMENT TEMPORARY HOLDING FACILITY Dear Chief Hensley: The 2020/2022 biennial inspection of the Tulare 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 13, 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. Wes Hensley Chief of Police Page 2 FACILITY NAME FIRE INSP. MEDICAL/MENTAL ENVIRONMENTAL NUTRITIONAL HEALTH HEALTH HEALTH Tulare Police 02-18-2022 05-31-2022 05-31-2022 N/A Department Temporary Holding Facility SCOPE OF THE INSPECTION The inspection consisted of a review of the Tulare Police Department’s Policy and Procedure Manual1, a site visit to review operations, physical plant, relevant documentation, and interviews with administration, facility staff, inmates, and collaborative partners. BSCC INSPECTION RESULTS Title 15, CCR Minimum Standards Upon final review of all documentation, there is one outstanding item of noncompliance. At the time of the inspection, the agency was not compliant with Title 15, §1024 – Court Holding and Temporary Holding Facility Training had not been met. Training for all personnel is scheduled in September and October of 2022. 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 Tulare Police Department was not in compliance training at the time of the inspection. The appropriate training has been scheduled for all personnel to meet all relevant regulations and mandates and mitigating circumstances if applicable. Juvenile Justice and Delinquency Prevention Act (JJDPA) Compliance Monitoring We reviewed 95 non-secure detention logs and 1 secure detention log, and found no violations of the JJDPA. Please refer to Title 15 Procedures checklist for detailed information. Closing On July 13, 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. Because the noncompliance of training is scheduled to be corrected in September and October of 2022, noCorrective Action Plan is required. 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. 5925 Tulare Co Tulare PD TH LTR 20-22 Wes Hensley 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: Marc Mondell, City Manager, City of Tulare Tulare County Grand Jury Presiding Judge, Tulare County Superior Court* Chair, Juvenile Justice Commission, Tulare County* *Copies of full inspection are available at www.bscc.ca.gov 5925 Tulare Co Tulare PD TH LTR 20-22 TEMPORARY HOLDING FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 5925 FACILITY NAME: Tulare Police Department Temporary Holding Facility FACILITY TYPE: THJ PERSON(S) INTERVIEWED: Sgt. Guerrero FIELD REPRESENTATIVE: James Peak DATE: 07/13/2022 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1024 COURT HOLDING AND TEMPORARY 900.12 Training HOLDING FACILITY TRAINING Department members should be trained and Custodial personnel who supervise inmates in, and familiar with this policy and any supplemental supervisors of, a Court Holding or Temporary Holding procedures. facility shall complete 8 hours of specialized training. Such Department members responsible for training shall include, but not be limited to: supervising adults in temporary custody shall (a)applicable minimum jail standards; complete the Corrections Officer Core Course (b)jail operations liability; or eight hours of specialized training within six (c)inmate segregation; months of assignment. Such training shall include but not be limited to the following (15 (d) emergency procedures and planning, fire, and life CCR 1024): safety; and, ☒ ☐ ☐ (a)Applicable minimum jail standards (e)suicide prevention. (b)Jail operations liability Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, (c)Inmate segregation the number of inmates, the employees' level of experience (d)Emergency procedures and planning, fire and training, and other relevant factors safety, and life safety. (e)Suicide prevention Eight hours of refresher training shall be completed once every two years (15 CCR 1024). The Training Sergeant shall maintain records of all such training in the member’s training file. Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned At the time of the inspection, the agency had not responsibility, or the effective date of this regulation. completed the required training and was Successful completion of Core training or supplemental ☐ ☒ ☐ determined to be not in compliance. The agency Core training, pursuant to Section 1020, Corrections Officer has the training scheduled for September and Core Course, may be substituted for the initial eight hours of October of 2022 for all personnel. training. Eight hours of refresher training shall be completed once See above every two years. Successful completion of the requirements in Section 1025, Continuing Professional Training may be ☒ ☐ ☐ substituted for the eight-hour refresher. 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 4 for the complete list and text of regulations. 5925 Tulare Co Tulare 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 1027 NUMBER OF PERSONNEL 900.3.3 Staffing Plan A sufficient number of personnel shall be employed in each The Chief of Police or the authorized designee local detention facility to ensure the implementation and shall ensure a staffing plan is prepared and operation of the programs and activities required by these maintained, indicating assigned personnel and regulations. their duties. The plan should ensure that at least ☒ ☐ ☐ one member who meets the training standards established by the Corrections Standards Authority (CSA) for general fire- and life-safety and is trained in fire- and life-safety procedures relating specifically to the facility is on-duty at all times (15 CCR 1028). Whenever there is an inmate in custody, there shall be at least one employee on duty at all times in a local detention 900.3.3 Staffing Plan facility or in the building which houses a local detention 900.3.2 Supervision in Temporary Custody facility who shall be immediately available and accessible to An authorized department member capable of inmates in the event of an emergency. supervising shall be present at all times when an individual is held in temporary custody. The member responsible for supervising should not ☒ ☐ ☐ have other duties that could unreasonably conflict with his/her supervision. Any individual in custody must be able to summon the supervising member if needed. If the person in custody is deaf or hard of hearing or cannot speak, accommodations shall be made to provide this ability (15 CCR 1027). Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in See above ☒ ☐ ☐ the event of an emergency. Whenever one or more female inmates are in custody, there 900.3.2 Supervision in Temporary Custody shall be at least one female employee who shall be At least one female department member should immediately available and accessible to such females. be present when a female adult is in temporary Note: Reference PC§ 4021. custody. In the event that none is readily ☒ ☐ ☐ available, the female in custody should be transported to another facility or released pursuant to another lawful process (15 CCR 1027). To determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and BSCC staff reviewed to the staff roster and retain a staffing plan indicating the personnel assigned in the determined the agency to be compliant with the facility and their duties. Such a staffing plan shall be regulation. 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 900.5 Safety, Health and Other Provisions Safety checks shall be conducted at least hourly through BSCC staff reviewed 12 random months of logs ☒ ☐ ☐ direct visual observation of all inmates. There shall be no and determined the agency to be complaint with more than a 60-minute lapse between safety checks. this regulation. 5925 Tulare Co Tulare 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 There is a written plan that includes the documentation of 900.5.1 Temporary Custody Logs ☒ ☐ ☐ routine safety checks. 900.5.2 Temporary Custody Requirements 1028 FIRE AND LIFE SAFETY STAFF 900.3.3 Staffing Plan Whenever there is an inmate in custody, there shall be at ☒ ☐ ☐ All staff are trained fire and life safety for the least one person on duty at all times who meets the training facility. standards established by the BSCC for general fire and life safety. (Penal Code section 6030[e]) The facility manager shall ensure that there is at least one 900.3.3 Staffing Plan person on duty who trained in fire and life safety procedures ☒ ☐ ☐ that relate specifically to the facility. 1029 POLICY AND PROCEDURES MANUAL 2 The Tulare Police Department’s policy manual is contained within Lexipol and was updated on 10-11-2021. 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 900.11 Assigned Administrator Title 24 regulations and shall be comprehensively reviewed These supplemental procedures shall be and updated at least every two years. Such a manual shall be reviewed and updated no less than every two made available to all employees. years and shall be available to all members (15 ☒ ☐ ☐ CCR 1029). 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 900.11 Assigned Administrator ☒ ☐ ☐ administrator/manager. (m) Inspections and operations reviews (3) Policy on the use of force. ☒ ☐ ☐ 300 Use of Force (4) Policy on the use of restraint equipment, including the 306 Handcuffing and Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 804.7 Arrest without filing of accusatory inmates for release per Penal Code sections 849(b)(2) and pleading 853.6, and any other such processes as the facility administrator is empowered to use. 900.2 Policy The Tulare Police Department is committed to ☒ ☐ ☐ releasing adults from temporary custody as soon as reasonably practicable and to keeping adults safe while in temporary custody at the Department. Adults should be in temporary custody only for as long as reasonably necessary for investigation, processing, transfer, or release. (6) Security and control including: ☒ ☐ ☐ 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5925 Tulare Co Tulare 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 (A) physical counts of inmates, 900.3.2 Supervision in Temporary Custody An authorized department member capable of supervising shall be present at all times when an ☒ ☐ ☐ individual is held in temporary custody. The member responsible for supervising should not have other duties that could unreasonably conflict with his/her supervision. (B) searches of the facility and inmates, ☒ ☐ ☐ 902 Custodial Searches (C) contraband control, and ☒ ☐ ☐ 902 Custodial Searches (D) key control. 900.11 Assigned Administrator ☒ ☐ ☐ (b) Key control Each facility administrator shall, at least annually, review, 900.11 Assigned Administrator evaluate, and make a record of security measures. The review Annual review and evaluation of security and evaluation shall include internal and external security measures including internal and external security measures of the facility including security measures specific measures, sanitation, safety, and maintenance to prevention of sexual abuse and sexual harassment. ☒ ☐ ☐ (15 CCR 1280). These supplemental procedures shall be reviewed and updated no less than every two years and shall be available to all members (15 CCR 1029). (7) Emergency procedures include: 900.11 Assigned Administrator (A) fire suppression preplan as required by section (g) Fire- and life-safety, including a fire ☒ ☐ ☐ 1032 of these regulations; suppression pre-plan as required by 15 CCR 1032 (B) escape, disturbances, and the taking of hostages; 900.11 Assigned Administrator ☒ ☐ ☐ (e) Escapes (C) mass arrests; 473.5.2 Operational Plans ☒ ☐ ☐ (p) Arrest protocol, including management of mass arrests. (D) natural disasters; 900.11 Assigned Administrator ☒ ☐ ☐ (h) Disaster plans (E) periodic testing of emergency equipment; and 900.11 Assigned Administrator ☒ ☐ ☐ (k) Periodic testing of emergency equipment (F) storage, issue, and use of weapons, ammunition, 900.5.7 Firearms and other security measures ☒ ☐ ☐ chemical agents, and related security devices. (8) Suicide Prevention. 900.3.1 Individuals who should not be in temporary custody (d) Individuals who are a suspected suicide risk (see the Mental Illness Commitments Policy). ☒ ☐ ☐ 1. If the officer taking custody of an individual believes that he/she may be a suicide risk, the officer shall ensure continuous direct supervision until evaluation, release, or a transfer to an appropriate facility is completed (15 CCR 1030). (9) Segregation of Inmates. ☒ ☐ ☐ 900.4.1 Screening and Placement 5925 Tulare Co Tulare 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 (10) Zero tolerance in the prevention of sexual abuse and 904.2 Policy sexual harassment. The Tulare Police Department has zero tolerance toward all forms of sexual abuse and sexual harassment (28 CFR 115.111). The Department ☒ ☐ ☐ will not tolerate retaliation against any person who reports sexual abuse or sexual harassment or who cooperates with a sexual abuse or sexual harassment investigation. (11) Policy and procedure to detect, prevent, and respond 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 information 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 information is posted in the lobby area. to report sexual abuse or sexual harassment. The ☒ ☐ ☐ method for reporting shall be publicly posted at the facility. 1030 SUICIDE PREVENTION PROGRAM 900.3.1 Individuals who should not be in temporary custody The facility shall have a comprehensive written suicide (d) Individuals who are a suspected suicide risk prevention program developed by the facility administrator, (see the Mental Illness Commitments Policy). in conjunction with the health authority and mental health ☒ ☐ ☐ 1. If the officer taking custody of an individual director, to identify, monitor, and provide treatment to those believes that he/she may be a suicide risk, the inmates who present a suicide risk. The program shall officer shall ensure continuous direct include the following: supervision until evaluation, release, or a transfer to an appropriate facility is completed (15 CCR 1030). (a) Suicide prevention training for all staff that have direct 900.12 Training ☒ ☐ ☐ contact with inmates. (b) Intake screening for suicide risk immediately upon 900.4 Initiating Temporary Custody ☒ ☐ ☐ intake and prior to housing assignment. (c) Provisions facilitating communication among 900.10 Release and/or Transfer arresting/transporting officers, facility staff, medical and ☒ ☐ ☐ mental health personnel in relation to suicide risk. (d) Housing recommendations for inmates at risk of suicide. ☒ ☐ ☐ 900.4.1 Screening and Placement (e) Supervision depending on level of suicide risk. (d) Individuals who are a suspected suicide risk (see the Mental Illness Commitments Policy). 1. If the officer taking custody of an individual believes that he/she may be a suicide risk, the ☒ ☐ ☐ officer shall ensure continuous direct supervision until evaluation, release, or a transfer to an appropriate facility is completed (15 CCR 1030). (f) Suicide attempt and suicide intervention policies and 900.9 Suicide Attempt, Death, or Serious Injury ☒ ☐ ☐ procedures. (g) Provisions for reporting suicides and suicides attempts. ☒ ☐ ☐ 900.9 Suicide Attempt, Death, or Serious Injury 5925 Tulare Co Tulare 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 (h) Multi-disciplinary administrative review of suicides and 900.9 Suicide Attempt, Death, or Serious Injury attempted suicides as defined by the facility ☒ ☐ ☐ administrator. 1032 FIRE SUPPRESSION PREPLANNING 900.11 Assigned Administrator Pursuant to Penal Code Section 6031.1(b), the facility (g) Fire- and life-safety, including a fire administrator shall consult with the local fire department ☒ ☐ ☐ suppression pre-plan as required by 15 CCR having jurisdiction over the facility, with the State Fire 1032 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 The current fire suppression pre-plan was department to be included as part of the policy and procedures approved on 02-18-2022 by the Tulare Fire ☒ ☐ ☐ manual (Title 15, California Code of Regulations Section Department. 1029); (b) regular fire prevention inspections by facility staff on a BSCC staff reviewed 24 months of logs and monthly basis with two-year retention of the inspection ☒ ☐ ☐ determined the agency to be compliant with this record; regulation. (c) fire prevention inspections as required by Health and The current fire inspection was completed on 02- Safety Code Section 13146.1(a) and (b) which requires ☒ ☐ ☐ 18-2022 by the Tulare Fire Department. inspections at least once every two years; (d) an evacuation plan; and ☒ ☐ ☐ (e) a plan for the emergency housing of inmates in the case of Arrestees would be released or transferred to ☒ ☐ ☐ fire. Tulare County Sheriff. 1044 INCIDENT REPORTS Incidents will be documented according to 344 Report Preparation Each facility administrator shall develop written policies and procedures for the maintenance of written records and ☒ ☐ ☐ 900.5.8 Reporting physical harm or serious reporting of all incidents which result in physical harm, or threat of physical harm serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons 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. 1046 DEATH IN CUSTODY 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 900.9 Suicide Attempt, Death, or Serious Injury clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor 324.12 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: 5925 Tulare Co Tulare 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 (1) The administrator of the facility shall provide to the 324.12 Suicide Attempt, Death, or Serious Injury Board a copy of the report submitted to the Attorney of a Juvenile General under Government Code Section 12525. A copy ☒ ☐ ☐ of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the 324.12 Suicide Attempt, Death, or Serious Injury administrator, the Board may within 30 calendar days of a Juvenile inspect and evaluate the jail, lockup, or court holding ☒ ☐ ☐ facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 1050 CLASSIFICATION PLAN 900.4.1 Screening and Placement (a) Each administrator of a temporary holding, Type I, II, or BSCC staff reviewed “booking” paperwork III facility shall develop and implement a written which included questions about suicide, mental classification plan designed to properly assign inmates to health, communicable diseases, PREA, housing units and activities according to the categories of sex, classification. age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused, or sexually harassed and other criteria which will provide for the safety of the ☒ ☐ ☐ inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility. The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments. (Subsection b does not apply and has been deleted.) (c) In deciding whether to assign an inmate to a housing area 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 900.4 Initiating Temporary Custody 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 900.4.1 Screening and Placement made of the person being booked as to whether or not he/she 1016.3 Exposure Control Officer - has or has had any communicable diseases, such as (d) Evaluation of persons in custody for any tuberculosis or has observable symptoms of tuberculosis or ☒ ☐ ☐ exposure risk and measures to separate them any other communicable diseases, or other special medical (15 CCR 1051; 15 CCR 1207). problem identified by the health authority. The response shall be noted on the booking form and/or screening device. 5925 Tulare Co Tulare 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 1052 MENTALLY DISORDERED INMATES 900.3.1 Individuals who should not be in temporary custody The facility administrator, in cooperation with the ☒ ☐ ☐ (k) Any individual who appears to be a danger to responsible physician, shall develop written policies and him/herself or others due to a mental disorder, or procedures to identify and evaluate all mentally disordered who appears gravely disabled (15 CCR 1052). inmates, and may include telehealth. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. ☒ ☐ ☐ An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of ☒ ☐ ☐ the inmate or others. 1053 ADMINISTRATIVE SEGREGATION 900.3.1 Individuals who should not be in temporary custody Except in Type IV facilities, each facility administrator shall (g) Any individual who has exhibited extremely develop written policies and procedures which provide for violent or continuously violent behavior the administrative segregation of inmates who are including behavior that results in the destruction determined to be prone to: promote activity or behavior that of property or demonstrates an intent to cause is criminal in nature or disruptive to facility operations; physical harm to him/herself or others (15 CCR demonstrate influence over other inmates, including 1053; 15 CCR 1055). 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 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 Tulare Police Department Temporary Holding Facility does not have a safety cell as defined in 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. 5925 Tulare Co Tulare 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 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. 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 Tulare Police Department Temporary Holding Facility does not have a sobering cell as defined in 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 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 900.3.1 Individuals who should not be in INMATES temporary custody (j) Any individual who is obviously The facility administrator, in cooperation with the ☒ ☐ ☐ developmentally disabled (15 CCR 1057). responsible physician, shall develop written policies and procedures for the identification and evaluation, appropriate classification and housing, protection, and nondiscrimination of all developmentally disabled inmates. The health authority or designee shall contact the regional 900.3.1 Individuals who should not be in center on any inmate suspected or confirmed to be temporary custody developmentally disabled for the purposes of diagnosis ☒ ☐ ☐ (j) Any individual who is obviously and/or treatment within 24 hours of such determination, developmentally disabled (15 CCR 1057). excluding holidays and weekends. 5925 Tulare Co Tulare 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 1058 USE OF RESTRAINT DEVICES The Tulare Police Department Temporary Holding Facility does not use restraints beyond handcuffs or shackles. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices and may delegate 900.3.1 Individuals who should not be in authority to place an inmate in restraints to a responsible temporary custody health care staff. ☐ ☐ ☒ (l) Any individual who needs restraint beyond the use of handcuffs or shackles for security reasons (15 CCR 1058). 900.6 Use of Restraint Devices 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. 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. 5925 Tulare Co Tulare 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 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 900.6.1 Pregnant Adults 306.3.2 Restraint of Pregnant Persons The facility administrator, in cooperation with the Persons who are known to be pregnant should be responsible physician, shall develop written policies and restrained in the least restrictive manner that is procedures for the use of restraint devices on pregnant effective for officer safety. Leg irons, waist inmates. In accordance with Penal Code 3407 the policy chains, or handcuffs behind the body should not shall include reference to the following: be used unless the officer has a reasonable suspicion that the person may resist, attempt ☒ ☐ ☐ escape, injure self or others, or damage property. No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). (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 900.5.5 Telephone Calls 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 900.5.9 Attorneys and Bail Bondsmen 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. ☒ ☐ ☐ 5925 Tulare Co Tulare 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 900.5.10 Discipline Discipline will not be administered to any Wherever discipline is administered, each facility individual in custody at this facility. Any administrator shall establish written rules and disciplinary individual in custody who repeatedly fails to penalties to guide inmate conduct. ☐ ☐ ☒ follow directions or facility rules should be transported to the appropriate jail, mental health facility, or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility (15 CCR 1081). 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 900.5.10 Discipline Discipline will not be administered to any If discipline is NOT administered, written policy should individual in custody at this facility. Any indicate as such. If discipline is administered, Sections individual in custody who repeatedly fails to 1080, 1081, 1082, 1083 and 1084 apply. ☐ ☐ ☒ follow directions or facility rules should be transported to the appropriate jail, mental health facility, or hospital as soon as practicable. Such Each facility administrator shall develop written policies and conduct should be documented and reported to procedures for inmate discipline. The plan shall include, but the receiving facility (15 CCR 1081). 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. 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. 5925 Tulare Co Tulare 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 900.5.10 Discipline Discipline will not be administered to any The degree of punitive actions taken by the disciplinary individual in custody at this facility. Any officer shall be directly related to the severity of the rule individual in custody who repeatedly fails to infraction. Acceptable forms of discipline shall consist of, follow directions or facility rules should be but not be limited to, the following: transported to the appropriate jail, mental health facility, or hospital as soon as practicable. Such (a) Loss of privileges. conduct should be documented and reported to (b) Extra work detail. ☐ ☐ ☒ the receiving facility (15 CCR 1081). (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. 5925 Tulare Co Tulare 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 900.5.10 Discipline ACTIONS Discipline will not be administered to any individual in custody at this facility. Any The Penal Code and the State Constitution expressly individual in custody who repeatedly fails to prohibit all cruel and unusual punishment. Additionally, follow directions or facility rules should be there shall be the following limitations: transported to the appropriate jail, mental health (a) If an inmate is on disciplinary separation status for 30 ☐ ☐ ☒ facility, or hospital as soon as practicable. Such conduct should be documented and reported to consecutive days there shall be a review by the facility the receiving facility (15 CCR 1081). 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. (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. 5925 Tulare Co Tulare 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 900.5.10 Discipline Discipline will not be administered to any Penal Code Section 4019.5 requires that a record is kept of individual in custody at this facility. Any all disciplinary infractions and punishment administered, individual in custody who repeatedly fails to therefore. This requirement may be satisfied by retaining ☐ ☐ ☒ follow directions or facility rules should be copies of rule violation reports and report of the disposition transported to the appropriate jail, mental health of each. facility, or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility (15 CCR 1081). 1280 FACILITY SANITATION, SAFETY, AND 900.11 Assigned Administrator MAINTENANCE Annual review and evaluation of security measures including internal and external security The facility administrator shall develop written policies and measures, sanitation, safety, and maintenance procedures for the maintenance of an acceptable level of ☒ ☐ ☐ (15 CCR 1280). cleanliness, repair, and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found. DETENTION OF MINORS YES NO COMMENTS Are minors held in this facility? 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. 5925 Tulare Co Tulare 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 324.12 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 324 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; 324.3 Juveniles who should not be held (c) A known suicide risk or obviously severely emotionally disturbed ☒ ☐ ☐ 324.3.2 Suicide Prevention of Juveniles in Custody 324.12 Suicide Attempt, Death, or Serious Injury of a Juvenile (b) use of restraints; ☒ ☐ ☐ 324.9 Use of Restraint Devices (c) emergency medical assistance and services; and 324.3.1 Emergency Medical Care of Juveniles in ☒ ☐ ☐ Custody (d) prohibiting use of discipline. 324.8 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 324.8 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. 5925 Tulare Co Tulare 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 (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). 1144 CONTACT BETWEEN MINORS AND 324.7 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, 324.7 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 324.11 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 Members of this department shall not use secure Section 602 of the Welfare and Institutions Code may be held custody for convenience when non-secure in secure custody in a law enforcement facility that contains a custody is, or later becomes, a reasonable option lockup for adults if the minor is 14 years of age or older and (15 CCR 1145). 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 324.11 Secure Custody serious security risk of harm to self or others, the officer may ☒ ☐ ☐ take into account the following factors: (a) Age, maturity, and delinquent history (a) age, maturity, and delinquent history of the minor; (b) severity of the offense(s) for which the minor was (b) Severity of offense for which the juvenile was ☒ ☐ ☐ taken into custody; taken into custody (c) minor's behavior, including the degree to which the (c) The juvenile offender’s behavior ☒ ☐ ☐ minor appears to be cooperative or non-cooperative; (d) the availability of staff to provide adequate (d) Availability of staff to provide adequate ☒ ☐ ☐ supervision or protection of the minor; and supervision or protection of the juvenile offender (e) the age, type, and number of other individuals who (e) Age, type, and number of other individuals in ☒ ☐ ☐ are detained in the facility. custody at the facility 5925 Tulare Co Tulare 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 1146 CONDITIONS OF SECURE CUSTODY 324.1.1 Definitions While in secure custody, minors may be locked in a room or Secure Custody - When a juvenile offender is held other secure enclosure, secured to a cuffing rail, or otherwise ☒ ☐ ☐ in a locked room, a set of rooms, or a cell. reasonably restrained as necessary to prevent escape and Secure custody also includes being physically protect the minor and others from harm. secured to a stationary object (15 CCR 1146). 1147 SUPERVISION OF MINORS IN SECURE 324.11.1 Locked Enclosures 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 (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). (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 324.11 Secure Custody CUSTODY OUTSIDE OF A LOCKED ENCLOSURE When practicable and when no locked enclosure is available, handcuffing one hand of a juvenile Minors held in secure custody outside of a locked ☒ ☐ ☐ offender to a fixed object while otherwise enclosure shall not be secured to a stationary object for maintaining the juvenile in non-secure custody more than 60 minutes unless no other locked enclosure is should be considered as the method of secure available. custody. An employee must be present at all times to ensure the juvenile’s safety while secured to a stationary object (15 CCR 1148). A staff person from the facility shall provide constant direct visual observation to assure the minor's safety while ☒ ☐ ☐ secured to a stationary object. Securing minors to a stationary object for longer than 60 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 stationary longer than 60 minutes, and every 30 minutes thereafter shall object for longer than 60 minutes and every 30 ☒ ☐ ☐ be based upon the best interests of the minor and shall be minutes thereafter shall be based upon the best documented. interests of the juvenile offender (15 CCR 1148). 5925 Tulare Co Tulare 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 324.4.3 Custody of Juvenile Offenders CUSTODY Juvenile offenders should be held in non-secure Minors held in temporary custody, who do not meet the custody while at the Tulare Police Department criteria for secure custody as specified in Section 207.1(b) ☒ ☐ ☐ unless another form of custody is authorized by of the Welfare and Institutions Code, may be held in non- this policy or is necessary due to exigent secure custody to investigate the case, facilitate release of circumstances. 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- 324.6 Juvenile Custody Logs SECURE CUSTODY (b) Date and time of arrival and release from the Minors held in non-secure custody shall receive constant Tulare Police Department (15 CCR 1150). direct visual observation by staff of the law enforcement ☒ ☐ ☐ facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation. 1151 MINORS UNDER THE INFLUENCE OF 324.3 Juveniles who should not be held ANY INTOXICATING SUBSTANCE IN SECURE OR NON-SECURE CUSTODY (d) Significantly intoxicated except when approved by the Watch Commander. A medical Facility administrators shall develop policies and procedures ☒ ☐ ☐ clearance shall be obtained for minors who are providing that a medical clearance shall be obtained for under the influence of drugs, alcohol, or any other minors who are under the influence of drugs, alcohol, or any intoxicating substance to the extent that they are other intoxicating substance to the extent that they are unable unable to care for themselves (15 CCR 1151). to care for themselves. Supervision of minors in secure custody in a locked room 324.11.1 Locked Enclosures who display outward signs of being under the influence of (d) Unscheduled safety checks to provide for the drugs, alcohol or any other intoxicating substance shall health and welfare of the juvenile by a staff include safety checks at least once every 15 minutes until ☒ ☐ ☐ member, no less than once every 15 minutes, shall resolution of the intoxicated state or release. These safety occur (15 CCR 1147; 15 CCR 1151). checks shall be documented, with actual time of occurrence recorded. Supervision of minors in secure custody outside of a locked 324.3 Juveniles who should not be held room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating ☒ ☐ ☐ substance shall be supervised in accordance with Section 1148. Supervision of minors in nonsecure custody who display 324.3 Juveniles who should not be held outward signs of being under the influence of drugs, alcohol ☒ ☐ ☐ or any other intoxicating substance shall be supervised in accordance with Section 1150. 5925 Tulare Co Tulare PD THJ 20-22 - 19 - 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. 5925 Tulare Co Tulare PD THJ 20-22 - 20 - A351 TH PRO eff. 1/2019 (20-22).dot PHYSICAL PLANT EVALUATION BOARD OF STATE AND COMMUNITY CORRECTIONS ADULT COURT AND TEMPORARY HOLDING FACILITIES APPLICABLE REGULATIONS: 6/94; 2/99 Title 24, California Code of Regulations (CCR) BSCC Code: 5925 FACILITY NAME: Tulare Police Department FACILITY TYPE: THJ APPLICABLE REGULATIONS (Check All That Apply): 6/94: X 2/99: OTHER: FIELD REPRESENTATIVE: James Peak DATE: 07/13/2022 ARTICLE/SECTION YES NO N/A COMMENTS Reception and Booking (2.1) X Contains a weapons locker, designed as outlined in these regulations. Contains a cell or room for confinement pending booking X Two caged rooms for booking; non-rated Contains a detoxification cell (WA in TH; NA in CH) 2-99: Two detoxification cells are provided if both male X and female inmates are held. Contains safety cell(s) (WA in TH; NA in CH) X Shower room available Pre 2/99 facility. 2-99: Access to shower must be within the secure area X Facility does not have a shower. Provides secure vault or storage for inmate valuables X Locked cabinet. Telephone(s) available for inmate use (PC § 851.5) X 2-99: Unobstructed access to hot and cold running water X Pre 2/99 facility. Temporary Holding Cell or Room (2.2) X Contains 10 square feet of floor area per inmate Holds no more than 16 inmates X Is not smaller than 40 square feet and has a clear ceiling X height of 8 feet or more Contains sufficient seating to accommodate all inmates X Contains water closet (toilet), washbasin, and drinking X fountain Provides for clear visual supervision by staff X A bunk is provided if inmates are held 12 hours or more X Temporary Staging Cell or Room (2.3) X No staging cells. Holds inmates classified and segregated per Title 15 § 1050 and 1053 Holds inmates for four hours or less X Limited to holding no more than 80 inmates X Contains 10 square feet of floor area per inmates and has a X clear ceiling height of 8 feet or more. Is at least 160 square feet X 5925 Tulare Co Tulare PD TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (03/01) ARTICLE/SECTION YES NO N/A COMMENTS Contains sufficient seating to accommodate all inmates X Contains water closets (toilets), wash basins and drinking X fountains as specified by these regulations Provides for clear visual supervision by staff X Detoxification Cell (2.4) 2013- Jail contains a sobering cell, however, by 01: name change to “Sobering Cell” policy and practice, the cell is not used and X Contains 20 square feet of floor area per inmate intoxicated prisoners are taken to Tulare County Jail. Is limited to no more than 8 inmates X Is no smaller than 60 square feet and has a clear ceiling X height of 8 feet or more Contains a water closet (toilet) wash basin and drinking X 2016: Padding has been removed and cell is not in fountain as specified by these regulations use. Has padded partitions located next to toilet fixtures X Provides for clear visual supervision by staff X Padding on floor X Safety Cell (2.5) X Contains 48 square feet with one floor dimension of a least 6 feet and a clear ceiling height of 8 feet or more Is limited to one inmate X Contains a flushing ring toilet, mounted flush with the floor, X with controls located outside the cell Padded floor, door and walls X Equipped with a variable intensity, security light, X inaccessible to the occupant Has one or more vertical view panels, not more than 4 inches wide nor less than 24 inches long, which provide a X view of the entire cell Has a food pass with lockable shutter no more than 4 inches high and, with between 26 and 32 inches from the bottom of X the food pass to the floor 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) X In the administration area. Lockable, containing a mop sink and storage space Audio or Visual Monitoring (2.22) There is an audio monitoring system capable of alerting staff in a central control. When visual electronic X surveillance is use, it is located primarily in corridors, elevators, or at points on the security perimeter such as entrances and exits. 2-99: Video monitoring option deleted. 5925 Tulare Co Tulare PD TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (03/01) ARTICLE/SECTION YES NO N/A COMMENTS 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) In the administration area. X Available and provides for confidentiality Water Closets (Toilets)/Urinals (3.1) Provide for inmate privacy/modesty with staff being able to visual supervise; provided at a ratio of 1:16 in holding and X staging cells. See regulation for calculations of urinal substitutions. Washbasins (3.2) Provide hot and cold or tempered water; provided at a ratio X of 1:16 in holding and staging cells. See regulation for calculations of washbasin trough substitutions. Drinking Fountains (3.3) 2-99: Provided at a ratio of at least 1:16 in holding and X staging cells. Water outlet (bubbler) is mechanically actuated and at an angle that prevents wastewater from flowing over the outlet (bubbler); there is a mouth guard on the water outlet X (bubbler). 2-99: Mouth guard requirement deleted Showers (3.4) (NA in CH) Available in the security area; provide hot and cold or X tempered water; shower stalls/areas are designed and constructed of materials that are impervious to water and soap so that they may be easily cleaned. Beds/Bunks (3.5) (NA in CH; applicable in TH if inmates are held longer than 12 hours) At least 30 inches wide and 76 inches long with 21 inches X between pans; constructed of pan bottom type or concrete; securely fastened to the floor and/or wall in facilities higher than minimum security. 5925 Tulare Co Tulare PD TH PHY 20-22 - 1 - A370 PHY CH-TH 1-78.dot (03/01) ARTICLE/SECTION YES NO N/A COMMENTS Lighting (3.6) Lighting is sufficient to permit easy reading by a person with normal vision, night lighting is sufficient for purposes of supervision. 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. Cell Padding (3.8) The floors and partition are padded in detoxification cells. In safety cells, floors, doors, walls and everything on them X are padded. All padded cells are equipped with an tamper resistant fire sprinkler approved by the SFM. All padding is: approved for use by the SFM; nonporous; at least ½ inch thick; of a unitary or laminated construction; X firmly bonded to all surfaces; and, without exposed seams. Mirrors/Shelves/Clothes Hooks (3.9) X A mirror of a material appropriate to the level of security is provided near each washbasin. Consistent with security needs, shelves and clothes hooks are provided wherever feasible. X 2-99: Requirement for shelves and hooks deleted Clothes hooks are of a collapsible hook type 2-99: Requirement for hooks deleted X Seating (3.10) Seating is designed to the level of security. When bench seating is used, eighteen inches of bench are provided per X inmate. 2-99: In holding and staging cells, seating is securely fastened to the wall and/or floor. Weapons Locker (3.12) (NA type IV and Minimum Security Facilities) A secure weapons locker is located outside the security X perimeter of the facility and no weapons are brought into the security area. Lockers have individual compartments, locks and keys. 5925 Tulare Co Tulare PD TH PHY 20-22 - 1 - 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: 5925 FACILITY: Tulare Police Department TYPE: THJ RC: 0 FIELD REPRESENTATIVE: James Peak DATE: 07/13/2022 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 Booking Holding 1994 3 1 4 (12) 8.7'x 11.4' x 8.1' 1 1 1 Note: Bench 6.7' x 30" and can be used for a bench or a bed. Cell capacity limited by available bench space. Booking Sobering 1994 1 5 (5) 8.7' x 11.4' x 8.1' 1 1 1 Note: By policy and practice this cell is not used – intoxicated persons are taken to the Tulare County Jail and are not held in this facility. 2016 – Padding has been removed. Note: Two screened enclosures are located at the booking counter for processing fingerprints and photographs of detainees. *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. 5925 Tulare Co Tulare PD THJ LASE 20-22 - 1 - A360 LAS Adult.dot (9/98)