The overcrowding of the juvenile court holding facilities on the fourth floor at the Pomona Superior Court has resulted in serious problems. The facility is made up of two holding tanks separated by a control area used by probation staff. There are three confidential interview rooms. There are also three rooms that seem to have been designed to be storage areas.
The Jails Committee found, after multiple visits and interviews with court and probation personnel, that confidential interview rooms are used as holding cells for minors. This is done when the two large holding tanks are being used for boys due to overcrowding or to keep individuals separated for safety. We have observed three female minors held in one interview room. We have also observed single male minors held in the interview rooms.
An interview room at this site has about 15 square feet of floor area, one stool fastened to the floor, and a counter designed to be used for writing. The interview room is covered with a steel grating and the door has a large glass window. There are no toilet or drinking facilities available to minors in the interview (holding) rooms.
In the situation with the female minors, one girl was sitting on the counter and the other two were forced to stand. The counter is not designed for sitting. It is not safe and could cause injury, subjecting the County to liability claims. Having two minors who have to stand or sit on the floor is inappropriate in such a small confined area. Title 24: California Code of Regulations Minimum Standards for Juvenile Facilities, published by the Board of Corrections, May 1997, indicates in Section 460A.2.26 Court Holding Room for Minors ". . . provides a minimum of 10 square feet per minor . . ." and ". . . no less than 40 square feet of floor space . . ." Even in a situation of one minor being held in the interview room, there is significantly less than the mandated 40 square feet.
Section 460A.3.8 of Title 24 requires that such a holding area "contain seating to accommodate all minors." Title 24 also requires in Section 460A.3 that there be a toilet, wash basin, and drinking fountain available for the minors to use.
The open steel grating that makes up the ceiling of the interview rooms poses a danger in that items could be tied to it and be used for suicide attempts or other forms of self injury. The glass in the doors is not designed to withstand heavy impact and has in the past been broken by juvenile inmates being held in the interview rooms.
During the time that Grand Jury Jails Committee members observed the minors held in the interview rooms, no probation officers were seen checking on these children for as long as 30-minute intervals.
Since interview rooms are being utilized as holding cells, an attempt has been made to provide an alternative interview area. Three small storage rooms next to the probation officers' control area have had their doors removed and are now used for attorney/inmate interviews. However, these areas are so confined that two chairs can barely fit inside the space, and without doors, this interview area is extremely noisy, with sound from the hallway and from the nearby probation work area. There is no privacy and the discussions can easily be overheard by people in the hallway, and even occasionally by people working in the probation officers' area across the hall. Title 24, Section 460A.2.24 provides "interview rooms shall provide for confidential consultation with minors." However, due to current space limitations, as they now exist, compliance with this legal requirement is impossible.
It is recommended that the County Probation Department:
1. Provide 100% visual observation by its staff of those minors who are detained in the interview rooms, as long as the current space limitation continues.
2. Limit occupancy in each interview room to no more than one minor inmate at a time.
3. Install a door which can be closed, sealing the area between the probation staff work area and the two small holding rooms in order to moderate the general background noise, as well as providing privacy for lawyer/client confidential discussions within these confined spaces.
4. Implement a schedule to permit prompt transportation back to Juvenile Hall after minor inmates have made their required court appearance.
5. Consult with the appropriate authorities in the Pomona Superior Court in order to utilize more efficient court appearance scheduling practices which will lead to eliminating the necessity of using interview rooms as substitute holding cells.
Finally it is strongly recommended that the Board of Supervisors assign sufficient funding to probation and Superior Court authorities necessary to provide appropriate space, soundproofing, and security in holding areas for use by juvenile inmates in the Pomona Court.