Department Operations Manual

52010.20 Refusal to Produce a Urine Sample Inmates shall not refuse to provide an adequate urine sample for the purpose of testing for the presence of controlled substance(s) when lawfully ordered to do so. If the inmate is unable to provide a urine sample, the inmate shall be offered eight ounces of water to assist in providing a urine sample. The inmate shall also be allowed up to three hours, under staff observation, to provide a urine sample. Inmates who refuse or are unable to provide a urine sample shall be subject to disciplinary action in accordance with CCR, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5, subsection 3323(h)(5). If an inmate is unable to provide 20 cc of urine, within this time period, this shall be presumed a refusal. An inmate may rebut this presumption during the disciplinary process. 52010.21

52010.21 Types of Urinalysis Requests (a) Staff shall request a Basic Drug Panel analysis of the urine sample unless the inmate’s behavior provides reasonable suspicion of other substance use. The Basic Drug Panel will detect the presence of the following substances: (b) Basic Drug Panel: (1) Alcohol. (2) Barbiturates (short and long acting). (3) Amphetamines. (4) Cannabinoids. (5) Cocaine. (6) Codeine. (7) Methamphetamines. (8) Opiates Morphine (Heroin). (9) Phencyclidine (PCP). (10) Tetrahydrocannabinol (THC). (c) Additional urinalysis may be specifically requested to detect the use of the following substances: (1) Synthetic Tetrahydrocannabinol (Spice). (2) Fentanyl. (3) Ethyl Glucuronide (EtG). (d) The Basic Drug Panel analysis will be conducted on each sample submitted to the laboratory. 52010.22

52010.22 Urine Sample Storage and Transfer (a) To ensure that the integrity of the sample is not compromised, the approved chain of evidence must be maintained during processing and storage of the samples. (b) Each institution and facility must maintain a lock box for the storage of test samples. Only designated staff shall have access to the urinalysis lock box keys. (c) Upon completion of the test, the staff member conducting the test shall secure the sample in the urinalysis lock box. (d) A urinalysis logbook shall be maintained at each institution, which shall include the inmate’s name, CDCR number, date of test and chain of custody of the sample. (e) Only designated staff shall remove the samples from the urinalysis lock box and forward the samples to the laboratory for analysis. The date the sample was removed, the name of the staff member who removed the sample, and the date the sample was sent to the laboratory shall be entered into the institution’s urinalysis logbook. (f) Staff must ensure the samples are processed in accordance with the contracted laboratory. 52010.23

52010.23 Processing and Documentation of Tests Results (a) The date that any positive test results are received by the institution or facility shall represent the date of discovery for disciplinary action. (b) Upon receipt of the laboratory test results, the results shall be logged in the institution’s urinalysis logbook. (c) The DTC shall notify and forward a copy of the laboratory results to the program office where the inmate is currently housed. (d) The officer who collected the urine sample shall document the results of the positive test on a Rules Violation Report charging the inmate with a violation of CCR, Title 15, Division 3, Chapter 1, Subchapter 2, Article 2, section 3016, Controlled Substance, Drug Paraphernalia and Distribution. (e) Medical Review Process (1) Inmates who test positive during the Mandatory Random Urinalysis Program and contend the positive urinalysis test result may have been caused by their prescribed medication(s), may submit a CDCR Form 7385 to pharmacy staff in order to obtain a copy of their MAR at any time. Pharmacy staff shall provide a copy of the MAR to the DTC. The DTC shall contact the contracted laboratory or consult the contracted laboratory’s written guidance to verify whether prescription medications were the cause for the positive test result(s). If it is determined by the contracted laboratory that the positive urinalysis result(s) are consistent with the inmate’s prescribed medication(s) no disciplinary action shall be taken and the result shall not be used for any purpose. (2) If it is determined by the contracted laboratory that the positive urinalysis result(s) are inconsistent with the inmate’s prescribed medication(s), the inmate shall be subject to the appropriate disciplinary action. 52010.24

52010.24 Obtaining a Court Order for Destruction (a) Upon completion of the CDCR Form 1754, the following documents shall be submitted to the court of jurisdiction to obtain a court order for destruction: (b) A declaration that includes the following statements: (1) “I am a peace officer at (facility or parole unit).” (2) “The cases are closed.” (3) “It is necessary that the items be destroyed.” (c) The actual completed court order to be signed by the judge. (d) The evidence custodian shall retain a copy of the court order. 52010.25

52010.25 Destruction of Controlled Substances (a) The evidence custodian shall coordinate with a representative from the local police, sheriff's department, or State Department of Justice to participate in a scheduled destruction of controlled substances. (b) The designated staff member or evidence custodian of the facility investigative unit shall verify the controlled substances to be destroyed and Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 386 sign the CDCR Form 1754, Controlled Substances for Destruction, prior to delivery to the destruction site. (c) All controlled substances scheduled for destruction shall be submitted in sealed containers. Each box or bag shall contain not more than 15 separate pieces of evidence to facilitate random checks by the local enforcement agency coordinator assigned to the destruction site. (d) One investigative unit supervisor and the evidence custodian shall transport the substances scheduled for destruction to the actual destruction site and witness the destruction. (e) The officers shall sign the evidence log indicating the date, place, and method of destruction. (f) The evidence custodian shall retain a copy of the court order and the CDCR Form 1754. (g) Providing additional security required when transporting large quantities of controlled substances for destruction is the responsibility of the investigative unit supervisor submitting the controlled substances for destruction. 52010.26

52010.26 Controlled Substance Destruction Schedule (a) Destruction of controlled substances shall be on a semiannual basis. (b) During the months of January and July, the designated staff member or designee shall prepare a CDCR Form 1754. (c) Initiation of the procedure should be made well in advance of anticipated destruction date due to the lengthy process necessary to secure the appropriate court order. (d) All controlled substances seized during the previous six-month period that are not being held as evidence for a criminal trial or a disciplinary hearing shall be listed on the CDCR Form 1754. 52010.27

52010.27 Revisions The Division of Adult Institutions Director or designee shall be responsible for ensuring that the contents of this article are kept current and accurate. References CCR (15) (3) §§ 3000, 3016, 3290, 3315, 3323, and 3410. H&SC §§ 11007, 11014, 11054, 11055, 11056, 11057, 11058, 11473, 11473.5, and 11474. Revision History Revised: January 5, 2016 Revised: February 22, 2021 A RTICLE 16 — I NMATE C OUNT AND M OVEMENT Revised August 12, 2013 52020.1

52020.1 Policy The CCR 3274 permits the institution head to develop a system to physically count inmates under his/her jurisdiction and to accurately account for those inmates at all times. 52020.2

52020.2 Purpose The purpose of a count is to facilitate inmate control, accountability, and to expedite inmate movement throughout the institution/facility in accordance with the established count schedule as set forth in DOM 52020.4.1. 52020.3

52020.3 Responsibility The Correctional Captain/Facility Captain is responsible for ensuring that a detailed institution/facility count is accurately conducted at the designated times. The Correctional Captain/Facility Captain shall establish a system that regulates staff/inmate movement throughout the institution/facility. All employees shall ensure that inmates are not involved in gathering count information nor allowed access to count records. 52020.4

52020.4 Count Criteria and Number of Counts A physical count of all inmates shall be performed a minimum of four times each calendar day, unless otherwise authorized in writing by the Director. All inmate movement/activity shall cease when count has been initiated by Central Control. Exception: Emergency medical transports to outside facilities shall not be delayed for the purpose of the count. The staff member escorting the inmate shall confirm with control the inmate’s name, CDC number, and housing. The Strategic Offender Management System (SOMS) automated count process shall be used to: • Submit tentative out count rosters to Central Control. • Submit actual positive count totals to Central Control. • Submit actual negative count totals to Central Control. • Compile, record, reconcile, clear, and document all Institution counts. • Print Shift Count Packages for the Central Control Sergeant’s and the Watch Commander’s signatures. Individual count totals conveyed to Central Control shall correspond with Central Control's Master Count Record. 52020.4.1

52020.4.1 Frequency of Counts The frequency of institution/facility counts shall be determined by the Standard Count Schedule. All institutions/facilities shall make every effort to adhere to the Standard Count Schedule. This is based on the security needs of the individual institutions/facilities and custody designations of assigned inmates. Staff shall ensure that inmate activities are not scheduled to conflict with institution/facility counts. Standard Count Schedule Mandated Times Type of Count 0030/0100 Positive Count. 0230/0300 Negative Count. 0430/0500 Positive Count. 1100/1200* Close A Custody Count, Minimum Support Facility and Community Work Crew Count. 1600/1700 Positive Count. 2100/2300 Positive Count. *This count does not include all inmates housed at the institution/facility; therefore, it is not inclusive of the four required counts. 52020.4.2

52020.4.2 Method of Count The count shall be performed by the physical observation of each inmate at his/her assigned housing unit or out counting of inmates at his/her specified work/activity location. Supervisors shall track inmates absent from their assignments. After the count is completed, it shall be entered in the Watch Commander’s Daily Activity Log. 52020.4.3

52020.4.3 Camps ’ Count Policy There shall be at least four formal camp counts of all inmates in each 24-hour period. Inmates shall be counted upon mounting and dismounting vehicles, and going to and returning from any place outside the camp or facility. Agency crew foremen shall make counts of inmates in their custody at frequent intervals, and shall count the inmates before leaving camp and upon returning to camp. Counts are required at least once during the morning, lunch time, between lunch, and the end of the work day, departure from the work area, and at other times recommended by the Camp Commander. Emergency counts may be necessary at any time to determine if there has been an escape or to identify an escapee(s). 52020.5

52020.5 Positive Count A positive count is the actual number of inmates that each respective staff member has counted and reported to Central Control. ( Note: A positive/physical count means to count a living, breathing person and physically see that person.) The positive count shall be submitted to Central Control using the SOMS automated count process and is automatically populated with the date, time, and the name of the staff member who is logged into the SOMS application. The count total and name of the person who actually conducted the positive count must be entered at the time of submission. As directed by Central Control for the purpose of verifying unit positive counts, a vacant bed count may be requested. If Central Control receives an incorrect positive count, a vacant bed count may be requested from the counting employee. Upon direction from Central Control to perform a vacant bed count, the officer performing the count shall start with the lowest numbered cell/bed in numerical order, writing down the numbers of each unoccupied bed. Upon completion, the officer shall utilize this list and provide the vacant bed count to Central Control via telephone. Central Control shall substantiate this information, ensure all inaccuracies are corrected, and direct the officer to submit a revised Positive Count into SOMS utilizing the IPTS085D – Re-Enter for Housing Area count screen. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 387 52020.5.1

52020.5.1 Standing Count During the 1600/1700 count, inmates housed in cells shall stand upright at their cell door and shall remain standing until counted by the officer conducting the count. • Inmates housed in dormitories equipped with double tier bunks shall remain seated on their assigned bunk until the count is completed by the officer. • In dormitories equipped with triple tier bed/bunks, the inmate assigned to the top tier bunk shall be seated on the top bunk, and the inmates assigned to the bottom and middle tier bunks shall be seated on the fold out stools until the count is completed by the officer. Disabled inmates shall be reasonably accommodated, dependent on their disability. 52020.5.2

52020.5.2 Negative Count The Negative Count is the actual accounting of all vacant (unoccupied) beds at a given time whether these beds are assigned or not. Due to double/triple bunking of inmates, it is necessary to ensure that inmates do not interchange their assigned beds. Each institution/facility shall perform a Negative Count at least once each day. A Negative Count is the recording of all unoccupied beds in a housing unit. These bed numbers shall be submitted via the SOMS automated process utilizing the IPTS015C – Negative Count Worksheet. 52020.5.3

52020.5.3 Out Count To maintain continuity of operations, some inmates may not always be counted in their assigned housing units. These inmates shall be “ out counted ” by their supervisors and shall remain under direct supervision until the count is cleared. The SOMS automated count process shall be used to submit tentative out count rosters to Central Control. When SOMS is not available or the institution ’ s/facility ’ s electrical power fails staff shall manually prepare tentative out count rosters and submit the rosters to Central Control. The tentative out count roster that is submitted to Central Control shall include cell/bed number, inmate's name and CDC number, and the area where the inmate(s) will be out counted. Staff out counting inmates shall submit their tentative out count roster in SOMS using the automated out count process. 52020.5.4

52020.5.4 Close Custody Count SOMS identifies all inmates designated as Close A custody, and compiles them into the Close Custody Count. The Close Custody Count shall be submitted to Central Control using the SOMS automated count process. Close custody counts shall be conducted utilizing a positive picture identification card to count all inmates classified as Close A custody. When inmates present themselves, staff shall ensure that inmates resemble their picture identification card. In accordance with CCR 3017, all inmates classified as Close A Custody are responsible for reporting to the established location(s) designated by each individual institution/facility. • Close A Custody inmates shall be counted while they are on work assignments, on recreation time, in housing units, or involved in any other activity. Close A Custody counts shall be scheduled in conformity with DOM 52020.4.1. • The Watch Commander shall be notified and a search shall be initiated when the Close A Custody Count is not cleared 15 minutes after the count has been announced. If the unaccounted for Close A Custody inmate(s) is not located within 15 minutes of initiation of the search, an emergency recall of all inmates may be instituted by the Watch Commander. 52020.5.5