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HomeMy WebLinkAboutLtr from Board of State & Community Corrections - Biennal Inspection V U STATE OF CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS .. .,....L I _..,...M 600RERCU7 DRWE ,,.SAC"F22,a,..ME.NTJ CA�'95811. ., .-916A45.5 RS A..GO d..... ,.w. LINDA M.('Er1P+�ER � 5073 BSCC CA.GCaV ' Chair 4 KATHLEEN T.HOWARD EDMUND G.BROWN,JR Executiv,-Direcfbr rt Governor 131JT& I[ f'Cit'1NTY November 12, 2014 Ar:aMrNBTt:I/0'10N NOV 13 204 0 .r)vtL r E',CAttFORNI w Sheriff'Dory L. Hoixea Butte County Sheriffs Office Me 33 County Center Drive Orovil.le, CA 95965 NOV 13 2014 Dear Sheriff Honea: 2012-2014 BIENNIAL INSPECTION BUTTE COUNTY JAIL AND COURT HOLDING FACILITY PENAL CODE SECTION 6031; WE,LFARE AND INSTITUTIONS CODE SECTIC.tN 209; JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT On April 8 and 9, 2014, staff of the Board of State and Community Corrections' (BSCC) conducted the 2012- 2014 biennial inspection of the Butte County Jail and Court Holding facility, pursuant to Renal Code Section 6031, for cornpl:iance 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. Inspections create significant demands on your already very busy staff. We would like to thank Sergeants Robert Cooley and Michael Hannah for devoting the extra time and effort needed to prepare and complete a successful inspection. Their assistance, patience and professionalism, from start to finish were appreciated. The complete BSCC inspection report is enclosed and consists of: this transmittal letter; two Procedures checklists outlining applicable Title 1.5 sections (one for the jail and one for the court holding; facility); two Physical Plant Evaluations outlining Tide 24 requirements for design for each of the facilities, and, two Living Area Space Evaluations (LASE) summarizing the physical plant configuration of each of the facilities. Local Inspections In addition to the biennial inspection by the BSCC,inspections are also required annually by the County I-lealth Off-leer and biennially by the State Fire Marshal or all authorized representative (Health and Safety Code Sections 101.045 and 13146.1). Please consider our report in conjunction with the reports from the County Health Officer and the respective fire authorities for a cormprehensive perspective of your facilities. We encourage the practice of maintaining; a permanent file for historical copies of all inspections.. This rile should be the first point of reference;when preParing for all fixture inspections. Formerly icnown as the Corrections Standards Authority, effective July 1, 2012, the Board of ~State ind Community Corrections was established independent of'the California Depaartment.of Cor-rections and Rehabilitation. . . Sheriff Kory L. Honea Page 2 Health Inspections The County Health Inspector is required to "...investigate health and sanitary conditions in every county jail, every other publicly operated detention facility..." at least annually. Using a checklist that includes BSCC's Title 15 regulations(Articles 11, 12, 13 and 14) and related statutes,their evaluation covers medical and mental health services, food services,inmate clothing,personal hygiene,bedding and linen. These inspectors are your local subject inatter experts and provide a valuable community-based perspective. Dates of the local inspections are listed below. Environmental Health Nutritional Medical/Mental Health Main Jail 3113114 4124114 .. ...... _.. . _.. _........... ... . .... Court Holding 3114114 NIA -- County Jail. There were no noncompliance issues reflected in the environmental and znedicallmental health inspection reports for the County Jail. We do not have a current nutritional evaluation on file. Court Holding Facility. There were no noncompliance issues reflected in the environmental health inspection report for the Court Holding facility. We do not have a current medical/mental health inspection report on file. Fire and Life Safety Inspections The Butte County Fire Department inspected the County Jail on July 17,2013. Minor deficiencies were noted, but fire clearance was granted. We do not have a current fire and life safety inspection for the Court Holding facility resulting in noncompliance with Section 1032. BSCC Inspection Title 15 Inspection—County Jail Policy and Procedure Review. Prior to the inspection of the jail,we reviewed the Butte County Sheriffs Office Departmental Orders. Our audit consisted of a review of only those policies and procedures related specifically to the applicable regulations included in Title 15, Minimum Standards for Local Detention Facilities.2 Section 1029, Policy and Procedures Manual, requires that the facility administrator develop and publish a manual of policy and procedures that addresses all. applicable Title 15 and Title 24 regulations. During our review, we were unable to locate the required policies and procedures addressing the following topics resulting in noncompliance with Section 1029: • Civil disturbances; • Natural disasters; and • Periodic testing of emergency equipment. '- BSCC does not review all of your policies and procedures. We do not"approve" your policies and procedures nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor,risk manager and other persons deemed appropriate. Sheriff Kory L. Honea Page 3 If these policies and procedures reside in the Sheriffs patrol manual or in an emergency manual, please let us know and we will remove these noncompliance items from our records. Section 1058, Use of Restraint Devices, requires that provisions be made to provide the inmate in restraint devices the ability to use the toilet. We were unable to locate that requirement for inmates placed in the restraint chair resulting in noncompliance with Section 1029. Operationally this may not be the case, but policies and procedures appear indicate that the Wrap is also used to hold ininates who display behavior that results in the destruction of property or reveals an intent to cause physical harm to self or others. Policies and procedures do not address the requirements of Title 15, Section 1058, as it pertains to the Wrap, resulting in noncompliance with Section 1029. See the Procedures checklist for further information. Documentation Review. The on-site inspection of the jail began with a review of documentation including safety check logs, incident reports, grievances and disciplinary actions to ensure that practices are consistent with policies and Title 15. We reviewed a sampling of the hourly safety checks and found that staff were performing their checks generally within the 60 minutes required by Title 15, Section 1027, and by policy. At the end of each shift, the safety checks are reviewed by watch commanders, then forwarded to lieutenants for review. We also reviewed documentation on the placement and management of inmates in restraints (when used as defined in Section 1058) and sobering cells. Such placements can be a major source ofjail litigation,but when operated and managed according to regulation, exposure to litigation may be reduced. Documentation showed timely safety checks and appropriate justification for placement in restraints. Documentation for the use of sobering cells showed timely safety checks, but the justification for placement in these cells should be stronger. Section 1056, Use of Sobering Cell, requires that these cells only be used for holding inmates who are a threat to their own safety or the safety of others due to their state of intoxication. The documentation we reviewed did not describe the behaviors that would lead staff to believe that, due to their level of intoxication, they are a threat to their own safety or the safety of others (staggering, confused, shaking, etc.). We reviewed a sampling of grievances along with pertinent policies and procedures. The Department has worked diligently to make the required changes to the Butte County Sheriffs Office Departmental Orders pertaining to this issue and due to the changes made, the facility is now in compliance with ,Section 1073, Inmate Grievance Procedure. We also reviewed a sampling of discipline reports along with pertinent policies and procedures. We had several concerns regarding the Department's process. Most of the required changes were made to Departmental Order #5032, Irunatc Discipline — Rules — Penalties. However, one issue remains. This section indicates "When an event occurs necessitating immediate action to protect the safety of persons or security of the facility, disciplinary actions may be administered without compliance with the provisions of this order. Such emergency will be declared in writing stating the factual basis for the suspension of these provisions. An emergency situation will be subject to review by the Jail Commander every twenty-four (24)hours." It appears that the intent of this language is that the discipline hearing could be suspended,but discipline would still be imposed, due to an emergency. This language is noncompliant with Title 15, Section 1081, Plan for Inmate Discipline. (Note that Section 1081 allows the discipline hearing to be postponed or continued for a reasonable time for good cause; an emergency could fit within that framework.) Sheriff Kory L. Honea Page 4 Title 24 Inspection—County Jail The Butte County Jail was inspected on April 9, 2014. This Type 11 facility was originally completed in 1965 and was remodeled in 1999. It is evaluated under the 1963 and 1994 Title 24 standards, The jail has a Board rated capacity and a Court-ordered capacity of 614 inmates. There is a combination of multiple cells, single and double occupancy cells and dormitories. On the day of the inspection, there were 486 male inmates and 93 female inmates housed in the jail. There were no Title 24 noncompliance issues noted at the Butte County Jail. Title 15 Inspection—Court Holding Facility The policies and procedures for the Court Holding facility are contained in the Butte County Court Holding Facility Manual. There were two Title 15 noncompliance issues. Section 1027, Number of Personnel, requires that whenever one or more female inmates are in custody, there is at least one female employee immediately available and accessible. Due to staff rotations that include the jail, females are not on duty at the court holding facility at all times resulting in noncompliance with this regulation. Section 1029, Policy and Procedures Manual, requires that the facility administrator develop and publish a manual of policy and procedures that addresses all applicable Title 15 and Title 24 regulations. During our review,we were unable to locate the required policies and procedures addressing civil disturbances and natural disasters resulting in noncompliance with Section 1029. If these policies and procedures reside in the Sheriffs patrol manual or in an emergency manual,please let us know and we will remove these noncompliance items froze our records. While not a compliance issue, we recommend clarifying that restraints, as defined in Title 15, Section 1058, are not used in the court holding facility. Title 24 Inspection—Court Holding Facility The Butte County Court Holding facility was inspected on April 8, 2014. It was completed in 1996 and is evaluated under the 1994 and 2001 Title 24 standards. There were no Title 24 noncompliance issues noted at the Butte County Court Holding facility. Juvenile Justice and Delinquency Prevention Act Compliance Monitoring In accordance with the JJDPA,BSCC monitors jail facilities for compliance with one of four core requirements of the Act, Separation of Juveniles from Incarcerated Adults. Minors are not housed at any of these facilities therefore, no violations of the JJDPA were identified. Facilities are assessed against Title 24 requirements in place at the time of design or significant remodel. Sheriff Kory L. Honea Page 5 Corrective Action Plan As indicated above, noncompliance was found with the following regulations: • For the County.Tail, o Title 15, Section 1029,Policy and Procedures Manual; and o Title 15, Section 1081, Plan for Inmate Discipline. • For the Court Holding Facility, o Title 15, Section 1027,Number of Personnel; o Title 15, Section 1029, Policies and Procedures Manual; and o Title 15, Section 1032, Fire Suppression Preplanning. Please advise our office of the status of the issues outlined in this report by December 20, 2014. In addition, please provide copies of any policies that were modified or created in order to comply with the issues discussed in this report, and explain how staff was informed to abide by these new policies and procedures. If these noncompliance issues are remedied,please notify us and we will remove these items from our records. This concludes our inspection report for the 2012-2014 inspection cycle. We would like to thank all staff involved in the inspection process for the hospitality and courtesy extended during the inspection. If you should have any questions,please contact me at(916) 324-1914 or email charlene.abo es bscc.ca. ov. Sincerely, CHARLENE ABOYTES Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, Board of Supervisors, Butte County Presiding Judge, Superior Court, Butte County County Administrator, Butte County * Grand Jury Foreperson, Superior Court,Butte County * Complete copies of this inspection are available upon request.