Merced County CAP Update and Unannounced Insp 23-24 II (2023-2024 inspection cycle)

August 7, 2023 Vernon Warnke, Sheriff Merced County Sheriff’s Office 700 W. 22nd Street Merced, CA 95340 2023 CORRECTIVE ACTION PLAN UPDATE AND UNANNOUNCED INSPECTION, PENAL CODE 6031, MERCED COUNTY SHERIFF’S OFFICE JAIL AND JOHN LATORRACA CORRECTIONAL CENTER Dear Sheriff Warnke, Pursuant to Penal Code 6031(b), on Wednesday, July 12, 2023, the Board of State and Community Corrections (BSCC) staff met with Captain Jeff Coburn and Lieutenant Brandon Thomas to receive an update on the progress of the Corrective Action Plan (CAP) submitted by Undersheriff Corey Gibson on May 16, 2023. Additionally, while at the Sheriff’s facilities, an unannounced inspection occurred to ensure continued compliance with Title 15 and Title 24 of the California Code of Regulations (CCR), Minimum Standards for Local Detention Facilities. CAP UPDATE During the initial comprehensive inspection conducted by the BSCC on April 05, 2023, two areas of noncompliance were identified: Title 15 Section 1027 Number of Personnel Inability to fill vacant positions that were provided due to previous noncompliance in staffing. This inability to fill vacant positions resulted in the need to fill ninety vacant, eight- hour shifts per pay period and caused significant safety issues for both staff and inmates. Information provided in this meeting found that there are several internal issues surrounding this noncompliance issue such as: • Competitive salary • Competitive recruitment incentives • Employee Union complications However, several steps have been taken to address staff shortages by working with the County administrative staff on salary, benefit, and retention packages, reassigning specialty positions, including other positions into mandatory overtime, and in some Vernon Warnke Sheriff Page 2 instances, administrative staff working to fulfill line positions. Recruitment efforts have increased to include the use of social media and the education system to help increase the pool of potential candidates. During the unannounced portion of this inspection, I was shown a separation document that was received at the first part of the week. The reason indicated for separation was the continued working of 16-hour shifts more than three times per week and the lack of staffing. The person cited that they no longer felt safe to continue working in the environment. Though this is only one instance, it helps illustrate the problems that Merced County continues to have in recruitment and retention. Title 15, Section 1280 Facility Sanitation, Safety, and Maintenance A general lack of maintenance existed at the John Latorraca Correctional Facility (JLCC). Undersheriff Gibson’s CAP response identified the reasoning behind some of the repairs and the costs associated with those repairs for fiscal years since 2017-2018. Along with those expenditures and understanding the need for upgraded facilities, Merced County is investing $76 million to renovate and expand the JLCC. A new jail will also be built adjacent to the JLCC which will replace the downtown jail. Part of this compliance update was to verify the construction process and progress. I toured the construction areas of JLCC. New temporary exercise yards are being built. Building 400, which includes six dormitories, has been emptied of inmates and stripped to the walls awaiting a complete renovation of the area. Instead of two exercise yards shared between all the dormitories, new exercise yards are planned to be split between only two dormitories, allowing for additional use. Since there are no short-term resolutions to these noncompliant issues, they continue to remain noncompliant. The BSCC will continue to receive updates, provide technical assistance, and keep abreast of your efforts to bring these areas into compliance. Title 15, Section 1032 Fire Suppression Preplanning This noncompliance issue is related only to the Merced Superior Court in Los Banos. Since this was identified, all inspections of each facility are tracked in the records management system. The Superior Court Holding facility has been performing monthly Fire Suppression checks and is now compliant with this regulation. UNANNOUNCED INSPECTION RESULTS After meeting with Captain Coburn and Lt. Thomas, an unannounced inspection was performed. The following areas were inspected: 3160 Merced Sheriff’s Office Unannounced LTR 23-24 Vernon Warnke Sheriff Page 3 Title 15, Section 1055 Use of Safety Cells I was escorted to the safety cell where an inmate, inside the cell, was speaking with mental health staff. I reviewed the documentation on safety checks and found that they were made within 15 minutes of the last check. Title 15, Section 1247 Disciplinary Separation Diet This regulation was repealed and is no longer allowed as a sanction. Verification was made that Merced County Sheriff’s Office does not use this any longer. Title 15, Section 1260 Standard Institutional Clothing An inspection of the dress-in area was completed, and all clothing was laundered, folded, clean, and free of holes and tears. Title 15, Section 1062 Visiting Verification was made that the visitation schedule is publicly posted on the Sheriff’s website and includes visitation periods at various times during the week, early evening, and on weekends at both facilities. Title 15, Section 1066 Books, Newspapers, Periodicals, and Writings Verification was made that a current, non-English language alternative newspaper is available for those interested. * * * This concluded my unannounced inspection. There were no areas of noncompliance and no corrective action plan is needed. Sincerely, Tim McWilliams Field Representative Facilities Standards and Operations Attachment: Picture of JLCC construction progress Cc: Presiding Judge, Merced County* Chair, Grand Jury, Merced County* Chair, Board of Supervisors, Merced County* County Administrator, Merced County* Jeff Coburn, Captain, Merced County (Electronic copy sent) John Hendon, Administrative Assistant, Merced County (Electronic copy sent) 3160 Merced Sheriff’s Office Unannounced LTR 23-24