California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 4 - Minimum Standards for Local Detention Facilities › Article 1 - General Instructions › Section 1006 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply:
"Administering Medication," as it relates to managing
						legally obtained drugs, means the act by which a single dose of medication is
						given to a patient. The single dose of medication may be taken either from
						stock (undispensed), or dispensed supplies.
"Administrative separation" means the physical separation
						of different types of incarcerated persons from each other as specified in
						Penal Code Sections
						4001 and
						4002, and
						Section 1053 of these regulations.
						Administrative separation is accomplished to provide that level of control and
						security necessary for good management and the protection of staff and
						incarcerated persons.
"Alternate means of compliance" means a process for
						meeting or exceeding standards in an innovative way, after a pilot project
						evaluation, approved by the Board pursuant to an application.
"Average daily population" means the number of
						incarcerated persons housed in a facility in a day. Average daily population
						(ADP) is the daily population divided by the number of days in the period of
						measurement.
"Board" means the Board of State and Community
						Corrections, whose board acts by and through its executive director, deputy
						directors, and field representatives.
"Clean" means laundered immediately prior to issue unless
						new or, in the case of mattresses and items that cannot be laundered,
						disinfected immediately prior to issue.
"Clinical evaluation" means an assessment of a person's
						physical and/or mental health condition conducted by licensed health personnel
						operating within recognized scope of practice specific to their profession and
						authorized by a supervising physician or psychiatrist.
"Concept drawings" means, with respect to a design-build
						project, any drawings or architectural renderings that may be prepared, in
						addition to performance criteria, in such detail as the agency determines
						necessary to sufficiently describe the agency's needs.
"Contact" means any physical or sustained sight or sound
						contact between juveniles in detention and incarcerated adults. Sight contact
						is clear visual contact between incarcerated adults and juveniles within close
						proximity to each other. Sound contact is direct oral communication between
						incarcerated adults and juvenile offenders.
"Court Holding facility" means a local detention facility
						constructed within a court building after January 1, 1978, used for the
						confinement of persons solely for the purpose of a court appearance for a
						period not to exceed 12 hours.
"Custodial personnel" means those officers with the rank
						of deputy, correctional officer, patrol persons, or other equivalent sworn or
						civilian rank whose duties include the supervision of incarcerated
						persons.
"Delivering Medication," as it relates to managing
						legally obtained drugs, means the act of providing one or more doses of a
						prescribed and dispensed medication to a patient.
"Design-bid-build" means a construction procurement
						process independent of the design process and in which the construction of a
						project is procured based on completed construction documents.
"Design-build" means a construction procurement process
						in which both the design and construction of a project are procured from a
						single entity.
"Developmentally disabled" means those persons who have a
						disability which originates before an individual attains age 18, continues, or
						can be expected to continue indefinitely, and constitutes a substantial
						disability for that individual. This term includes cognitive and intellectual
						disabilities, cerebral palsy, epilepsy, and autism, as well as disabling
						conditions found to be closely related to cognitive and intellectual
						disabilities or that require treatment.
"Direct visual observation" means direct personal view of
						the incarcerated person in the context of their surroundings without the aid of
						audio/video equipment. Audio/video monitoring may supplement but not substitute
						for direct visual observation.
"Disability" means a physical or mental impairment that
						substantially limits one or more major life activities; a record or history of
						such an impairment; or is regarded or perceived by others as having such an
						impairment.
"Disciplinary separation" means the status assigned a
						person as the result of violating facility rules and which consists of
						confinement in a cell or housing unit.
"Dispensing," as it relates to managing legally obtained
						drugs, means the interpretation of the prescription order, the preparation,
						repackaging, and labeling of the drug based upon a prescription from a
						physician, dentist, or other prescriber authorized by law.
"Disposal," as it relates to managing legally obtained
						drugs, means the destruction of medication or its return to the manufacturer or
						supplier.
"Emergency" means any significant disruption of normal
						facility procedure, policies, or activities caused by a riot, fire, earthquake,
						attack, strike, or other emergent condition.
"Emergency medical situations" means those situations
						where immediate services are required for the alleviation of severe pain, or
						immediate diagnosis and treatment of unforeseeable medical conditions are
						required, if such conditions would lead to serious disability or death if not
						immediately diagnosed and treated.
"Exercise" means the opportunity for physical
						exertion.
"Facility/system administrator" means the sheriff, chief
						of police, chief probation officer, or other official charged by law with the
						administration of a local detention facility/system.
"Facility manager" means the jail commander, camp
						superintendent, or other comparable employee who has been delegated the
						responsibility for operating a local detention facility by a facility
						administrator.
"Facility watch commander" means the individual
						designated by the facility manager to make operational decisions during their
						work hours.
"Gender expression" means a person's gender-related
						appearance and behavior regardless of whether it is stereotypically associated
						with the person's assigned sex at birth.
"Gender identity" means a person's sense of being male,
						female, some combination of male or female, or neither male nor female.
"Health authority" means that individual or agency that
						is designated with responsibility for health care policy pursuant to a written
						agreement, contract, or job description. The health authority may be a
						physician, an individual, or a health agency. In those instances where medical
						and mental health services are provided by separate entities, decisions
						regarding mental health services shall be made in cooperation with the mental
						health director. When this authority is other than a physician, final clinical
						decisions rest with a single designated responsible physician.
"Health care" means medical, mental health, and dental
						services.
"In-person visit" means an on-site visit that may include
						barriers. In-person visits include interactions in which an incarcerated person
						has physical contact with a visitor, is able to see a visitor through a
						barrier, or is otherwise in a room with a visitor without physical contact.
						"In-person visit" does not include an interaction between an incarcerated
						person and a visitor through the use of an on-site two-way audio/video
						terminal.
"Jail," as used in Article 8, means a Type II or III
						facility as defined in the "Minimum Standards for Local Detention
						Facilities."
"Labeling," as it relates to managing legally obtained
						drugs, means the act of preparing and affixing an appropriate label to a
						medication container.
"Law enforcement facility" means a building that contains
						a Type I Jail, Temporary Holding Facility, or Lockup. It does not include a
						Type II or III jail, which has the purpose of detaining adults, charged with
						criminal law violations while awaiting trial or sentenced adult criminal
						offenders.
"Legend drugs" are any drugs defined as "dangerous drugs"
						under Chapter 9, Division 2, Section
						4211
						of the California Business and Professions Code. These drugs bear the legend,
						"Caution Federal Law Prohibits Dispensing Without a Prescription." The Food and
						Drug Administration (FDA) has determined because of toxicity or other
						potentially harmful effects, that these drugs are not safe for use except under
						the supervision of a health care practitioner licensed by law to prescribe
						legend drugs.
"Living areas" means those areas of a facility utilized
						for the day-to-day housing and activities of incarcerated persons. These areas
						do not include special use cells such as sobering, safety, and holding or
						staging cells normally located in receiving areas.
"Local detention facility" means any city, county, city
						and county, or regional jail, camp, court holding facility, or other
						correctional facility, whether publicly or privately operated, used for
						confinement of adults or of both adults and minors, but does not include that
						portion of a facility for confinement of both adults and minors which is
						devoted only to the confinement of minors.
"Local detention system" means all of the local detention
						facilities that are under the jurisdiction of a city, county, or combination
						thereof whether publicly or privately operated. Nothing in the standards are to
						be construed as creating enabling language to broaden or restrict privatization
						of local detention facilities beyond that which is contained in statute.
"Local Health Officer" means that licensed physician who
						is appointed pursuant to Health and Safety Code Section
						101000
						to carry out duly authorized orders and statutes related to public health
						within their jurisdiction.
"Lockup" means a locked room or secure enclosure under
						the control of a peace officer or custodial officer that is primarily used for
						the temporary confinement of adults who have recently been arrested; sentenced
						persons who are incarcerated workers may reside in the facility to carry out
						appropriate work.
"May" is permissive; "shall" is mandatory.
"Medical detoxification" means a process that
						systematically and safely withdraws people who may be addicted to drugs or
						alcohol, under the care of a licensed medical provider. The detoxification
						process is designed to treat the immediate bodily effects of stopping drug or
						alcohol use that may be life-threatening.
"Mental Health Director" means that individual who is
						designated by contract, written agreement, or job description, to have
						administrative responsibility for the facility or system mental health
						program.
"Non-secure custody" means that a minor's freedom of
						movement in a law enforcement facility is controlled by the staff of the
						facility; and
(1) the minor is under
					 constant direct visual observation by the staff;
(2) the minor is not locked in a room or
					 enclosure; and,
(3) the minor is
					 not physically secured to a cuffing rail or other stationary object.
"Non-sentenced" means an incarcerated person with any
						pending local charges or one who is being held solely for charges pending in
						another jurisdiction.
"Out--of--cell time" means time spent outside of the
						sleeping area, where an individual has the opportunity to exercise or
						participate in recreation.
"Over-the-counter (OTC) Drugs," as it relates to managing
						legally obtained drugs, are medications which do not require a prescription
						(non-legend).
"Performance criteria" means, with respect to a
						design-build project, the information that fully describes the scope of the
						proposed project and includes, but is not limited to, the size, type, and
						design character of the buildings and site; the required form, fit, function,
						operational requirements and quality of design, materials, equipment and
						workmanship; and any other information deemed necessary to sufficiently
						describe the agency's needs; including documents prepared pursuant to paragraph
						(1) of subdivision (d) of Section
						20133
						of the Public Contract Code.
"Pilot Project" means an initial short-term method to
						test or apply an innovation or concept related to the operation, management, or
						design of a local detention facility pursuant to application to, and approval
						by, the Board.
"Procurement," as it relates to managing legally obtained
						drugs, means the system for ordering and obtaining medications for facility
						stock.
"Psychotropic medication" means any medication prescribed
						for the treatment of symptoms of psychoses and other mental and emotional
						disorders.
"Rated capacity" means the number of incarcerated
						occupants for which a facility's single and double occupancy cells or
						dormitories, except those dedicated for health care or disciplinary separation
						housing, were planned and designed in conformity to the standards and
						requirements contained in Title 15 and in Title 24.
"Recreation" means the individual's ability to choose
						from activities that occupy the attention and offer the opportunity for
						relaxation and may include reading, games, socialization, entertainment,
						education, and programs.
"Regional Center for Developmentally Disabled" means
						those private agencies throughout the state, funded through the Department of
						Developmental Services, which assure provision of services to persons with
						developmental disabilities. Such centers will be referred to as regional
						centers in these regulations.
"Remodel" means to alter the facility structure by
						adding, deleting, or moving any of the buildings' components thereby affecting
						any of the spaces specified in Title 24, Part 2, Section
						1231.
"Repackaging," as it relates to managing legally obtained
						drugs, means the transferring of medications from the original manufacturers'
						container to another properly labeled container.
"Repair" means to restore to original condition or
						replace with like-in-kind.
"Responsible health care staff" means an individual who
						is qualified by education, training, licensure/regulation, and/or facility
						privileges (when applicable) who performs a professional service within their
						scope of practice and in accordance with assigned duties. This distinguishes
						the "responsible health care staff" from the many other "qualified health care
						staff" that are not specifically assigned to assure that certain care is
						rendered.
"Safety checks" means direct, visual observation
						performed at random intervals within timeframes prescribed in these regulations
						to provide for the health and welfare of incarcerated people.
"Secure custody" means that a minor being held in
						temporary custody in a law enforcement facility is locked in a room, enclosure,
						or is physically secured to a cuffing rail or other stationary object.
"Security glazing" means a glass/polycarbonate composite
						glazing material designed for use in detention facility doors and windows and
						intended to withstand measurable, complex loads from deliberate and sustained
						attacks in a detention environment.
"Sentenced" means a person that has been
						sentenced/committed to custody in a local detention facility.
"Serviceable," as it relates to mattresses, means
						mattresses that lack holes or tears and have sufficient padding.
"Sexual abuse" has the same meaning as
						28 C.F.R. Section
						115.6 (June 20, 2012), hereby incorporated by
						reference.
"Sexual harassment" has the same meaning as
						28 C.F.R. Section
						115.6 (June 20, 2012), hereby incorporated by
						reference.
"Shall" is mandatory; "may" is permissive.
"Sobering cell" as referenced in Section
						1056, refers to an initial
						"sobering up" place for people who are sufficiently intoxicated from any
						substance to require a protected environment.
"Storage," as it relates to legally obtained drugs, means
						the controlled physical environment used for the safekeeping and accounting of
						medications.
"Supervision in a law enforcement facility" means that a
						minor is being directly observed by the responsible individual in the facility
						to the extent that immediate intervention or other required action is
						possible.
"Supervisory custodial personnel" means those staff
						members whose duties include direct supervision of custodial personnel.
"Telehealth" means a collection of means or methods for
						enhancing health care using telecommunications technologies. Telehealth
						encompasses a broad variety of technologies to deliver virtual health
						services.
"Temporary custody" means that the minor is not at
						liberty to leave the law enforcement facility.
"Temporary Holding facility" means a local detention
						facility constructed after January 1, 1978, used for the confinement of persons
						for 24 hours or less pending release, transfer to another facility, or
						appearance in court.
"Trauma" is an experience that causes intense physical
						and psychological stress reactions. It can refer to a single event, multiple
						events, or a set of circumstances that is experienced by an individual as
						physically and emotionally harmful or threatening and that has lasting adverse
						effects on the individual's physical, social, emotional, cognitive, or
						spiritual well-being.
"Type I facility" means a local detention facility used
						for the detention of persons for not more than 96 hours excluding holidays
						after booking. Such a Type I facility may also detain persons on court order
						either for their own safekeeping or those committed to a city jail, or may
						house people sentenced to the county jail provided such placement in the
						facility is made on a voluntary basis on the part of the person incarcerated.
						As used in this section, an incarcerated worker is defined as a person assigned
						to perform designated tasks outside of their cell or dormitory, pursuant to the
						written policy of the facility, for a minimum of four hours each day on a
						five-day scheduled work week.
"Type II facility" means a local detention facility used
						for the detention of persons pending arraignment, during trial, and upon a
						sentence of commitment.
"Type III facility" means a local detention facility used
						only for the detention of convicted and sentenced persons.
"Type IV facility" means a local detention facility or
						portion thereof designated for housing under Penal Code Section
						1208 for
						work/education furlough or other programs involving access into the
						community.
"Video visitation" has the same meaning as Penal Code
						Section
						4032.
1.
						Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2.
						Change without regulatory effect (Register 86, No. 32).
3. Change
						without regulatory effect (Register 88, No. 17).
4. Relettering of
						former subsections (u)-(hh) to subsections (v)-(ii), and new subsection (u)
						filed 6-2-88 as an emergency; operative 6-3-88 (Register 88, No. 24). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 10-3-88.
5. Change without
						regulatory effect of subsection (t) filed 7-21-88; operative 7-21-88 (Register
						88, No. 30).
6. Certificate of Compliance as to 6-2-88 order filed
						9-7-88 (Register 88, No. 39).
7. Change without regulatory effect of
						subsection (z) pursuant to section
						100, title 1, California Code of
						Regulations filed 3-1-89 (Register 89, No. 10).
8. New subsection
						(y) and (cc) and relettering existing subsections (y) through (ii) filed
						2-27-91; operative 3-29-91 (Register 91, No. 13).
9. Amendment filed
						8-4-94; operative 9-5-94 (Register 94, No. 31).
10. Amendment filed
						1-26-98; operative 2-25-98 (Register 98, No. 5).
11. Amendment filed
						1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
12. Amendment
						filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
13.
						New definitions of "Exercise" and "Security glazing" and amendment of
						definitions of "Health authority," "Inmate worker," "Jail," "Lockup" and "Rated
						capacity" filed 6-2-2005; operative 7-2-2005 (Register 2005, No.
						22).
14. Amendment of definitions of "Alternative means of
						compliance" and "Contact," redesignation of "Board of Corrections" as
						"Corrections Standards Authority," repealer of definition of "Inmate worker"
						and amendment of definitions of "Law enforcement facility" and "Pilot project"
						filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
15.
						Change without regulatory effect amending definition of "Remodel" filed
						1-7-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 2).
16. Amendment of definitions of
						"Alternate means of compliance," "Custodial personnel," "Pilot Project,"
						"Safety checks" and "Secure custody," new definitions of "Board," "Clinical
						evaluation," "Concept drawings," "Design-bid-build," "Design-build," "Facility
						watch commander," "May" and "Performance criteria," repealer of definitions of
						"Corrections Standards Authority," "Licensed health personnel" and "Managerial
						custodial personnel" and amendment of NOTE filed 8-20-2012; operative 9-19-2012
						(Register 2012, No. 34).
17. Amendment of definitions of "Average
						daily population," "Facility watch commander," "Rated capacity" and "Sobering
						cell," amendment of former definition of "Disciplinary isolation" to
						"Disciplinary separation," and new definitions of "Medical detoxification,"
						"Responsible health care staff" and "Telehealth" filed 1-26-2017; operative
						4-1-2017 (Register 2017, No. 4).
18. New definitions of "In-person
						visit" and "Video visitation" filed 2-5-2018; operative 4-1-2018 (Register
						2018, No. 6).
19. New definitions of "Sexual abuse" and "Sexual
						harassment" filed 9-13-2018; operative 1-1-2019 (Register 2018, No.
						37).
20. Amendment filed 11-17-2022; operative 1-1-2023 (Register
						2022, No. 46).
Note: Authority cited: Sections
						  6024 and
						  6030, Penal
						  Code. Reference: Section
						  6030, Penal
						  Code.