Del Norte County Jail (2023-2024 inspection cycle)

November 5, 2024 Garrett Scott Sheriff-Coroner Del Norte Sheriff’s Department 650 Fifth St. Crescent City, CA 95531 2023-2024 TARGETED INSPECTION, PENAL CODE SECTION 6031, WELFARE & INSTITUTIONS CODE SECTION 209, DEL NORTE COUNTY JAIL Dear Sheriff Scott, A Targeted Inspection of the Del Norte County Jail has been completed. A pre-inspection briefing was held on Thursday, June 13, 2024, and the following facility was inspected on Wednesday, September 24, 2024: FACILITY NAME BSCC # FACILITY TYPE Del Norte County Jail 0640 II This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Title 15, California Code of Regulations. INSPECTION RESULTS We conducted a follow-up inspection for the following items of noncompliance with Title 15 Minimum Standards identified during the 2023 Comprehensive Inspection: §1056 USE OF SOBERING CELL §1065 EXERCISE AND OUT OF CELL TIME Both regulations continue to remain out of compliance. A Corrective Action Plan (CAP) was received by your department on October 5, 2023. The Board of State and Community Corrections (BSCC) staff will conduct a follow-up inspection 60 days from the date of the Targeted Inspection to review remediation efforts. Refer to the attached Procedures Checklist for detailed information. An Exit Briefing with your staff was held on Wednesday, September 25, 2024; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. * * * Garrett Scott Sheriff-Coroner Page 2 Please email me at traci.kessler@bscc.ca.gov or call (916) 956-3682 if I can be of any assistance to you or your staff. Sincerely, TRACI KESSLER Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Solano County Superior Court* Chair, Grand Jury, Solano County* Chair, Board of Supervisors, Solano County* County Administrator, Solano County* K. Stevens, Captain Del Norte County Sheriff’s Department *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 0640 Del Norte County Jail II Targeted LTR 23-24 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 BSCC Code: 0640 FACILITY NAME: Del Norte County Jail FACILITY TYPE: II PERSON(S) INTERVIEWED: Captain Stevens, Sgt. Potter FIELD REPRESENTATIVE: Traci Kessler DATE: 09/24/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027.5 SAFETY CHECKS 504 Safety Checks The facility administrator shall develop and implement BSCC staff reviewed safety check logs from policy and procedures for conducting safety checks that June 1 – August 30, 2024. BSCC staff include, but are not limited to, the following: ☒ ☐ ☐ determined, after review, that the agency is (a) Safety checks will determine the safety and well- compliant with safety checks. being of individuals and shall be conducted at least hourly through direct visual observation of all people held and housed in the facility. (b) There shall be no more than a 60-minute lapse 504 Safety Checks between safety checks. ☒ ☐ ☐ Reviewed and confirmed. (c) Safety checks for people in sobering cells, safety 504 Safety Checks cells, and restraints shall occur more frequently as ☒ ☐ ☐ outlined in section 1055, section 1056, and section 1058 of these regulations. (d) Safety checks shall occur at random or varied 504 Safety Checks intervals. ☒ ☐ ☐ Reviewed and confirmed. (e) There shall be a written plan that includes the 504 Safety Checks documentation of all safety checks. Documentation shall include: ☒ ☐ ☐ Reviewed and confirmed. (1) the actual time at which each individual safety check occurred; (2) the location where each individual safety check 504 Safety Checks occurred, such as a cell, module, or dormitory ☒ ☐ ☐ number; and, Reviewed and confirmed. 1 This document is intended for use as a tool during the targeted 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. 0640 Del Norte County Jail II Targeted PRO 23-24 Page 1 of 5 A353 Type II & III Targeted PRO eff 01.2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) Initials or employee identification number of staff 504 Safety Checks who completed the safety check(s). ☒ ☐ ☐ Reviewed and confirmed. (f) A documented process by which safety checks are 504 Safety Checks reviewed at regular defined intervals by a supervisor or facility manager, including methods of mitigating ☒ ☐ ☐ All safety check logs were reviewed and patterns of inconsistent documentation, or untimely initialed daily by a supervisor. completion of, safety checks. 1032 FIRE SUPPRESSION PREPLANNING 400 Facility Emergencies Pursuant to Penal Code Section 6031.1(b), the facility 402 Fire Safety administrator shall consult with the local fire department ☒ ☐ ☐ having jurisdiction over the facility, with the State Fire 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 402 Fire Safety fire department to be included as part of the policy and ☒ ☐ ☐ procedures manual (Title 15, California Code of Regulations Section 1029); (b) monthly fire prevention inspections by facility staff 402 Fire Safety with two-year retention of the inspection record; BSCC staff reviewed monthly fire inspection ☒ ☐ ☐ logs from January – August 2024. BSCC staff confirmed the agency’s retention policy of 24 months. (c) fire prevention inspections as required by Health and 400 Facility Emergencies Safety Code Section 13146.1(a) and (b) which requires 402 Fire Safety inspections at least once every two years; ☒ ☐ ☐ Date of inspection: 8/10/2023. (d) an evacuation plan; and, ☒ ☐ ☐ 404 Evacuation Plan (e) a plan for the emergency housing of incarcerated 402 Fire Safety people in the case of fire. The agency has an agreement with CDCR to transfer persons incarcerated to the local ☒ ☐ ☐ prison in the event of an emergency evacuation. 1056 USE OF SOBERING CELL 520 Safety and Sobering Cells The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for temporary holding of Wellpath G-02A Safety Cell Placement and incarcerated people who are a threat to their own safety ☒ ☐ ☐ Retention or the safety of others due to their state of intoxication. Wellpath F-04 Medically Supervised Withdrawal and Treatment 0640 Del Norte County Jail II Targeted PRO 23-24 Page 2 of 5 A353 Type II & III Targeted PRO eff 01.2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS A person shall be removed from the sobering cell as 520 Safety and Sobering Cells soon as they are able to continue the admission process ☒ ☐ ☐ or are no longer a risk to themselves or others. Reviewed and confirmed. In no case shall a person remain in a sobering cell over 520 Safety and Sobering Cells six hours without an evaluation by medical or custody staff to determine whether the person has an urgent Wellpath G-02A Safety Cell Placement and medical problem, pursuant to section 1213 of these Retention regulations. Wellpath F-04 Medically Supervised Withdrawal and Treatment Wellpath policy states, “Patients placed in sobering cells will be observed and assessed by health services within one (1) hour of admission and a minimum of every four (4) hours thereafter.” ☒ ☐ ☐ The Wellpath policy (see above) states that medical evaluations will be conducted within one (1) hour of placement and a minimum of every four (4) hours thereafter. 26 of the 27 logs reviewed did not indicate that a medical assessment was conducted. Although this is not a minimum standard within this regulation, Technical Assistance was provided encouraging the agency to either delete the policy or adhere to it. At 12 hours from the time of placement, all persons must 520 Safety and Sobering Cells receive an evaluation by responsible health care staff. Wellpath F-04 Medically Supervised ☒ ☐ ☐ Withdrawal and Treatment Intermittent direct visual observation of people held in the sobering cell shall be conducted no less than every 520 Safety and Sobering Cells half hour. Such observation shall be documented. Wellpath F-04 Medically Supervised Withdrawal and Treatment A finding on noncompliance with this regulation was determined during the Comprehensive Inspection conducted on Sep 19, 2023. This regulation continues to remain out of compliance. ☐ ☒ ☐ BSCC staff reviewed documented sobering cell safety checks from June 1 – August 31, 2024. After reviewing the documentation, BSCC staff determined the agency is noncompliant with this regulation due to safety checks not being routinely completed within the thirty-minute time requirements in 11 out of 27 reports that were reviewed. 0640 Del Norte County Jail II Targeted PRO 23-24 Page 3 of 5 A353 Type II & III Targeted PRO eff 01.2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1058 USE OF RESTRAINT DEVICES 512 Use of Force 513 Use of Restraints The facility administrator, in cooperation with the 514 Electronic Restraints responsible physician, shall develop and implement Wellpath G-01 Restraint and Seclusion written policies and procedures for the use of restraint devices. Restraint devices include any devices which immobilize extremities or prevent the incarcerated ☒ ☐ ☐ person from being ambulatory. The provisions of this section do not apply to the use of handcuffs, shackles, or other restraint devices when used to restrain incarcerated people for security reasons. The facility manager may delegate authority to place an incarcerated person in restraints to responsible health care staff. (a) The policy shall address the following areas: 513 Use of Restraints ☒ ☐ ☐ (1) acceptable restraint devices; (2) signs or symptoms which should result in 513 Use of Restraints immediate medical/mental health referral; Wellpath G-01 Restraint and Seclusion ☒ ☐ ☐ availability of cardiopulmonary resuscitation equipment; (3) protective housing of restrained persons; ☒ ☐ ☐ 513 Use of Restraints (4) provision for hydration and sanitation needs; and, ☒ ☐ ☐ 513 Use of Restraints (5) exercising of extremities. 513 Use of Restraints ☒ ☐ ☐ (b) Policy shall also include, but not be limited to, the 513 Use of Restraints following requirements: ☒ ☐ ☐ (1) In no case shall restraints be used for punishment or as a substitute for treatment. (2) Restraint devices shall only be used on 513 Use of Restraints incarcerated people who display behavior which ☒ ☐ ☐ results in the destruction of property or reveal an intent to cause physical harm to self or others. (3) Restraint devices should be used only when less 513 Use of Restraints restrictive alternatives, including verbal de- ☒ ☐ ☐ escalation techniques, have been attempted and are deemed ineffective. (4) An incarcerated person shall be placed in 513 Use of Restraints restraints only with the approval of the facility Wellpath G-01 Restraint and Seclusion manager, the facility watch commander, or ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. (5) Continuous direct visual observation shall be 513 Use of Restraints ☒ ☐ ☐ maintained until a medical opinion can be obtained. Wellpath G-01 Restraint and Seclusion (6) A medical opinion on placement and retention 513 Use of Restraints shall be secured within one hour from the time of ☒ ☐ ☐ Wellpath G-01 Restraint and Seclusion placement. (7) A medical assessment shall be completed within 513 Use of Restraints four hours of placement. Wellpath G-01 Restraint and Seclusion ☒ ☐ ☐ 0640 Del Norte County Jail II Targeted PRO 23-24 Page 4 of 5 A353 Type II & III Targeted PRO eff 01.2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (8) Continuous direct visual observation shall be 513 Use of Restraints conducted at least twice every 30 minutes to ensure Wellpath G-01 Restraint and Seclusion that the restraints are properly employed, and to ensure the safety and well-being of the incarcerated At the time of the BSCC inspection, the person. Such observation shall be documented. ☒ ☐ ☐ agency did not have any incidents where While in restraint devices all incarcerated persons restraint devices were applied. There were no shall be housed alone or in a specified housing area reports to review. which makes provisions to protect the person from abuse. (9) If the facility manager, or designee, in consultation with responsible health care staff 513 Use of Restraints determines that an incarcerated person cannot be Wellpath G-01 Restraint and Seclusion ☒ ☐ ☐ safely removed from restraints after eight hours, the person shall be taken to a medical facility for further evaluation. (10) Where applicable, the facility manager shall use 513 Use of Restraints the restraint device manufacturer’s recommended Wellpath G-01 Restraint and Seclusion ☒ ☐ ☐ maximum time limits for placement. (11) All events and information related to the 513 Use of Restraints placement in restraints shall be documented and Wellpath G-01 Restraint and Seclusion shall be video recorded unless exigent circumstances prevent staff from doing so. The ☒ ☐ ☐ documentation shall include: the reason for placement; person authorizing placement; names of staff involved in the placement; injuries sustained; and the duration of placement. 1065 EXERCISE AND OUT OF CELL TIME 1005 Exercise and Out-of-Cell Time (a) The facility administrator of a Type II or III facility shall 1010 Telephone Access develop written policies and procedures for a minimum of 10 hours of out of cell time distributed over a period of Exercise Schedule seven days to include: Jail Inmate Handbook A finding on noncompliance with this regulation was found during the ☐ ☒ ☐ Comprehensive Inspection conducted on Sep 19, 2023. This regulation continues to remain out of compliance. BSCC staff determined noncompliance due to not consistently documenting three hours of exercise and seven hours of recreation for administratively separated persons. (1) an opportunity for three hours of exercise and ☐ ☒ ☐ See note above. (2) an opportunity for seven hours of recreation. ☐ ☒ ☐ See note above. Policies shall include reasonable and necessary ☒ ☐ ☐ procedures to ensure safety and security. 0640 Del Norte County Jail II Targeted PRO 23-24 Page 5 of 5 A353 Type II & III Targeted PRO eff 01.2024