Marin Probation (2023-2024 inspection cycle)

July 8, 2024 Marlon Washington, Chief of Probation Marin Probation Department 3501 Civic Center Dr # 265 San Rafael, CA 94903 2023-2024 TARGETED INSPECTION, WELFARE & INSTITUTIONS CODE SECTIONS 209 & 885, MARIN COUNTY PROBATION DEPARTMENT DETENTION FACILITY Dear Chief Washington: The 2023-2024 Targeted Inspection of the Marin County Probation Department’s Juvenile Hall (MCJH) has been completed. A pre-inspection briefing was held on Wednesday, February 21, 2024, and the following facility was inspected between Tuesday, May 14, 2024 and Friday, May 17, 2024: FACILITY NAME BSCC # FACILITY TYPE Marin County Juvenile Hall 7293 JH This inspection was conducted pursuant to Welfare and Institutions Code Sections 209 and 885 to determine compliance with the Minimum Standards for Juvenile Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, Board of State and Community Corrections (BSCC) staff conducted compliance monitoring pursuant to Welfare and Institutions Code Sections 209(f) and the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requirements for separation between juveniles and adults. In addition to inspection(s), Title 15, Section 1313, and its authorizing statute require annual inspections conducted by a local Health Officer, fire authority having jurisdiction, county building inspection by an agency designated by the County Board of Supervisors, County Superintendent of Schools, Juvenile Court, and Juvenile Justice Commission. The results of those inspections are not considered a part of this report. INSPECTION RESULTS We identified no items of noncompliance with Title 15 Minimum Standards. Refer to the attached Title 15 Procedures Checklist for detailed information. No items of noncompliance were identified with Title 24 Minimum Standards. The Physical Plant Evaluation (PHY) and Living Area Space Evaluation (LASE) attachments for information related to Rated Capacity are not included in this report. Marlon Washington, Chief Probation Officer Page 2 Juvenile Justice and Delinquency Prevention Act Compliance Monitoring No violations of the JJDPA have been identified and no areas of noncompliance were noted. An Exit Briefing with your staff was held on Friday, May 17, 2024; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. * * * Please email me at forrest.coleman@bscc.ca.gov or call (916) 508-7559, if you have any questions. Sincerely, FORREST COLEMAN Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Marin County Juvenile Court* Chair, Juvenile Justice Commission, Marin County* Chair, Board of Supervisors, Marin County* County Administrator, Marin County* Rosaura De Alverez, Director, Marin County Juvenile Hall *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 7293 Marin Juvenile Hall Targeted LTR 23-24 JUVENILE HALLS, SPECIAL PURPOSE JUVENILE HALLS AND CAMPS Board of State and Community Corrections PROCEDURES CHECKLIST1 BSCC Code: 7293 FACILITY NAME: FACILITY TYPE: Marin County Juvenile Hall (MCJH) JH PERSON(S) INTERVIEWED: Marlon Washington, Chief Probation Officer; Rosaura De Alverez, Juvenile Hall Superintendent; Grady Livingston, Supervising JCO; Omar Padilla, JCO III; Monica Rosenberg, JH Nurse; Jeana Reynolds, MH Supervisor; Eve Rosen, Teacher;1 male youth and 1 female youth. FIELD REPRESENTATIVE: DATE: Forrest Coleman May 14th though May 17th, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1321 STAFFING Policy 200 Staffing, Section (A) Each juvenile facility shall: BSCC staff reviewed the above policies and (a) have an adequate number of personnel sufficient to procedures, as well as the agency’s carry out the overall facility operation and its Organization Chart, random weekly staff programming, to provide for safety and security of youth schedule, and daily unit schedule covering and staff, and meet established standards and the first week of February, March, and April regulations; of 2024. In addition, we made personal observations. The above policy identifies all expectations ☒ ☐ ☐ and responsibilities of the Title 15 Regulation minimum standards. The facility’s Superintendent ensures that each shift is staffed with enough youth supervision staff to ensure the overall facility operation and its programming including, but not limited to, providing safety and security to youth and to staff while maintaining Title 15 standards. 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 Juvenile Facilities, Division 1, Chapter 1, Subchapter 5 for the complete list and text of regulations. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 1 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) ensure that no required services shall be denied Policy 200 Staffing because of insufficient numbers of staff on duty absent exigent circumstances; BSCC staff found that youth supervision staff/ Juvenile Corrections Officers (JCO) assume that when staffing is low and the third JCO is not on shift, the on-duty supervisor works simultaneously as the third JCO. BSCC staff provided technical assistance by indicating that to maintain compliance, the agency shall ensure supervisory staff is not simultaneously working as the shift supervisor and a housing unit JCO. Additionally, the agency was encouraged to ensure that it is clearly documented and understood by JCO staff that the shift supervisor is solely working in the ☒ ☐ ☐ capacity of a supervisor. Through our review of the above policy, visual observations, a review of work schedules for February, March, and April of 2024, as well as a review of the staff “Daily Activity Reports”. BSCC staff determined that MCJH regularly ensures that the staffing levels are adequate. At the time of the inspection, the Marin County Juvenile Hall has the below youth supervision staffing assigned to its facility: 9 Juvenile Corrections Officers (JCO) 15 Extra-help staff (c) have a sufficient number of supervisory level staff to Policy 200 Staffing, Section (c) ensure adequate supervision of all staff members; Through our review of the above policy, visual observations, work schedules, and interviews with youth housed at the facility and detention staff, there is a Supervising Juvenile Corrections Officer (SJCO) or a Juvenile Corrections Officer (JCO) III, assigned as the “Acting Supervisor”, working on each shift. ☒ ☐ ☐ The facility Superintendent is responsible for the daily overall operations of the facility. The current Superintendent is newly hired as of January 2024. At the time of the inspection, the Marin County Juvenile Hall supervisory level staffing consisted of: 1 Superintendent 3 Supervisors 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 2 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (d) have a clearly identified person on duty at all times Policy 200 Staffing, Section (d)(c) who is responsible for operations and activities and has completed the Juvenile Corrections Officer Core Course The elements of this regulation are confirmed and PC 832 training; in the Appointment and Qualification Letter, written by Chief Probation Officer (CPO), Marlon Washington, and dated March 29, 2024. ☒ ☐ ☐ Monday through Friday during standard business hours, the facility Superintendent is responsible for ensuring the daily overall operations of the facility are adequately maintained. BSCC staff discussed posting the current shift supervisory assignment in a location available to oncoming staff to view prior to entering the unit. (e) have at least one staff member present on each living Policy 200 Section, (e) unit whenever there are youth in the living unit; BSCC staff reviewed surveillance video recordings and made personal observations, ☒ ☐ ☐ as well as, conducted interviews with staff and youth housed at the facility; MCJH regularly ensures that there is always a staff present in the unit or where a youth is present. Youth are never left unsupervised. (f) have sufficient food service personnel relative to the Policy 200 Section, (f) number and security of living units, including staff qualified and available to: plan menus meeting nutritional Current food service personnel staffing requirements of youth; provide kitchen supervision; direct consists of: ☒ ☐ ☐ food preparation and servings; conduct related training programs for culinary staff; and maintain necessary 1 Supervising Cook records; or, a facility may serve food that meets nutritional 1 Part Time Cook standards prepared by an outside source; 2 Kitchen Aides 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 3 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) have sufficient administrative, clerical, recreational, Policy 200 Section, (g) medical, dental, mental health, building maintenance, transportation, control room, facility security and other Current administrative support staffing support staff for the efficient management of the facility, consists of: and to ensure that youth supervision staff shall not be diverted from supervising youth; and, 1 Administrative Support Staff. The Central Control person is a non-peace officer administrative position. BSCC staff interviewed medical services personnel, contracted behavioral health staff, and detention staff. We also made personal observations over the course of the inspection ☒ ☐ ☐ week. MCJH has one Nurse that works Monday through Friday from 0830 to 1230 and two weekends per month. There are 2 additional nurses that work the remaining weekends. The facility has contracted with Napa County Health and Human Services for mental health services. The contracted service is identified as “Program of Responsive Treatment and Linkages”, also referred to as “PORTAL”. The PORTAL staffing primarily consists of a Supervising LMFT and a Mental Health Practitioner. (h) assign sufficient youth supervision staff to provide Policy 200 Staffing, Section (h) continuous wide awake supervision of youth, subject to temporary variations in staff assignments to meet special BSCC interviewed staff and reviewed housing program needs. Staffing shall be in compliance with a unit logs, programming schedules, and minimum youth-staff ratio for the following facility types: employee daily schedules. ☒ ☐ ☐ The Marin County JH regularly provides youth supervision staffing levels that enable the facility to meet the minimum standards for this regulation. (1) Juvenile Halls Policy 200 Staffing, Section (A) (A) during the hours that youth are awake, one wide-awake youth supervision staff member on In review of housing unit video surveillance duty for each 10 youth in detention; recordings, housing unit logs, and the daily staff schedule, as well as through personal observation, the MCJH ensures that “One wide-awake” JCO staff is present and that ☒ ☐ ☐ staffing ratios are consistently in compliance with Title 15 minimum standards for this regulation. At the time of the inspection, there were seven youth (one female) housed at the Marin County Juvenile Hall facility. (B) during the hours that youth are confined to their Policy 200 Staffing, Section (1) (B) room for the purpose of sleeping, one wide-awake ☒ ☐ ☐ youth supervision staff member on duty for each 30 youth in detention; 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 4 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) at least two wide-awake youth supervision staff Policy 200 Staffing, Section (C) members on duty at all times, regardless of the number of youth in detention, unless an Through a review of housing unit logs and the arrangement has been made for backup support ☒ ☐ ☐ daily staff schedule, and personal services which allow for immediate response to observations, as well as through interviews emergencies; and, with detention staff, MCJH regularly ensures that the minimum youth-to-staff ratio is met. (D) at least one youth supervision staff member on Policy 200 Staffing, Section (D) duty who is the same gender as youth housed in the facility. Through documentation review and personal observations, as well as through interviews with youth and detention staff, MCJH regularly ensures that there are always male and female staff on duty. BSCC staff discussed ☒ ☐ ☐ that it is a common practice for facilities to indicate staff gender on the daily shift schedule, especially during the graveyard shift. At the time of this inspection, there was one female youth detained at the MCJH. (E) personnel with primary responsibility for other Policy 200 Staffing, Section (E) duties such as administration, supervision of personnel, academic or trade instruction, clerical, ☒ ☐ ☐ Only youth supervision staff provide kitchen or maintenance shall not be classified as supervision of the youth. youth supervision staff positions. (2) Special Purpose Juvenile Halls The Marin County Juvenile Hall is not a (A) during hours that youth are awake, one wide- Special Purpose Juvenile Hall. The below ☐ ☐ ☒ awake youth supervision staff member on duty for section A thru E is not applicable to this facility. each 10 youth in detention; (B) during the hours that youth are confined to their room for the purpose of sleeping, one wide-awake ☐ ☐ ☒ youth supervision staff member on duty for each 30 youth in detention; (C) at least two wide-awake youth supervision staff members on duty at all times, regardless of the number of youth in detention, unless an ☐ ☐ ☒ arrangement has been made for backup support services which allow for immediate response to emergencies; and, (D) at least one youth supervision staff member on duty who is the same gender as youth housed in ☐ ☐ ☒ the facility. (E) personnel with primary responsibility for other duties such as administration, supervision of personnel, academic or trade instruction, clerical, ☐ ☐ ☒ kitchen or maintenance shall not be classified as youth supervision staff positions. (3) Camps The Marin County Juvenile Hall is not a Camp. (A) during the hours that youth are awake, one The below section A thru F is not applicable to ☐ ☐ ☒ wide-awake youth supervision staff member on this facility. duty for each 15 youth in the camp population; (B) during the hours that youth are confined to their room for the purpose of sleeping, one wide-awake ☐ ☐ ☒ youth supervision staff member on duty for each 30 youth present in the facility; 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 5 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) at least two wide-awake youth supervision staff members on duty at all times, regardless of the number of youth in residence, unless ☐ ☐ ☒ arrangements have been made for backup support services which allow for immediate response to emergencies; (D) at least one youth supervision staff member on duty who is the same gender as youth housed in ☐ ☐ ☒ the facility; (E) in addition to the minimum staff to youth ratio required in (h)(3)(A)-(B), consideration shall be given to the size, design, and location of the camp; types of youth committed to the camp; and the ☐ ☐ ☒ function of the camp in determining the level of supervision necessary to maintain the safety and welfare of youth and staff; (F) personnel with primary responsibility for other duties such as administration, supervision of personnel, academic or trade instruction, clerical, ☐ ☐ ☒ farm, forestry, kitchen or maintenance shall not be classified as youth supervision staff positions. 1328 SAFETY CHECKS Policy 477 Room Check Procedures/ Documentation The facility administrator shall develop and implement policy and procedures that provide for direct visual BSCC staff provided technical assistance with observation of youth at a minimum of every 15 minutes, at random or varied intervals during hours when youth updating policy to indicate supervisory are asleep or when youth are in their rooms, confined in responsibilities in providing oversight of safety holding cells or confined to their bed in a dormitory. checks. The agency is hopeful to incorporate Supervision is not replaced, but may be supplemented the Guardian RFID tracking software to its by, an audio/visual electronic surveillance system safety check procedure by August 2024. designed to detect overt, aggressive or assaultive behavior and to summon aid in emergencies. All safety BSCC staff reviewed safety checks for the first checks shall be documented with the actual time the 10 days of February, March, and April of 2024. check is completed. Safety checks are handwritten on a safety check form. Through our review, it was evident that safety checks occurred on the identified East, West, North, and or South Wings. However, BSCC staff found inconsistencies with safety checks being ☒ ☐ ☐ conducted at random and varied intervals during the graveyard shift. The inconsistencies were specific to a graveyard staff person. BSCC staff provided technical assistance by informing the agency that to maintain compliance, the JCO staff should be reminded of safety check requirements and to conduct them accordingly. Additionally, we discussed the best outcomes occur when supervisory staff review safety check documentation mid- way through the shifts and or at the end of each shift. Lastly, BSCC staff provided guidance regarding safety check oversight. For example, instituting periodic safety check audits by supervisory staff that include a video audit. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 6 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1354.5 ROOM CONFINEMENT Policy 468 Room Confinement (a) The facility administrator shall develop and BSCC staff observed that there were three implement written policies and procedures addressing incidents of room confinement over the past the confinement of youth in their room that are consistent with Welfare and Institutions Code Section ☒ ☐ ☐ six months. BSCC staff reviewed the reports, 208.3. The placement of a youth in room confinement the policy, room confinement templates, and shall be accomplished in accordance with the following interviewed youth detained at the facility as guidelines: well as detention staff and collaborative partners. (1) Room confinement shall not be used before Policy 468 Room Confinement other, less restrictive, options have been attempted and exhausted, unless attempting those options ☒ ☐ ☐ Documentation supports compliance with this poses a threat to the safety or security of any youth regulation. Room confinement is always used or staff. appropriately. (2) Room confinement shall not be used for the Policy 468 Room Confinement purposes of punishment, coercion, convenience, or ☒ ☐ ☐ Guidelines for Room Confinement B. retaliation by staff. Guidelines for Room Confinement A. (3) Room confinement shall not be used to the extent Policy 468 Room Confinement that it compromises the mental and physical health ☒ ☐ ☐ Guidelines for Room Confinement C. of the youth. (b) A youth may be held up to four hours in room Policy 468 Room Confinement confinement. After the youth has been held in room Use of Room Confinement A. confinement for a period of four hours, staff shall do one or more of the following: Since the prior inspection, documentation shows that no youth has been held in room confinement beyond the four-hour threshold. ☒ ☐ ☐ The facility uses the following documentation tools to help track and log room confinement include, but are not limited to: • Activity Tracker • Room Confinement Checklist • Reintegration and Safety Plan Policy 468 Room Confinement (1) Return the youth to general population. ☒ ☐ ☐ Use of Room Confinement B1. Policy 468 Room Confinement Use of Room Confinement B2. Through interviews with behavioral health (2) Consult with mental health or medical staff. ☒ ☐ ☐ staff and facility supervisory staff, BSCC staff were able to conclude that MCJH complies with the minimum standards for this regulation. (3) Develop an individualized plan that includes the Policy 468 Room Confinement goals and objectives to be met in order to reintegrate ☒ ☐ ☐ Use of Room Confinement B3. the youth to general population. (4) If room confinement must be extended beyond Policy 468 Room Confinement four hours, staff shall do each of the following: Use of Room Confinement C.1-4 (A) Document the reasons for room confinement and the basis for the extension, the date and time ☒ ☐ ☐ Since the prior inspection, documentation the youth was first placed in room confinement, shows that no youth has been held in room and when he or she is eventually released from confinement beyond the four-hour threshold. room confinement. (B) Develop an individualized plan that includes Policy 468 Room Confinement the goals and objectives to be met in order to ☒ ☐ ☐ Use of Room Confinement C.2 integrate the youth to general population. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 7 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (C) Obtain documented authorization by the Policy 468 Room Confinement facility superintendent or his or her designee ☒ ☐ ☐ Use of Room Confinement C.3 every four hours thereafter. (5) This section is not intended to limit the use of Policy 468 Room Confinement Section (5) single-person rooms or cells for the housing of youth ☒ ☐ ☐ in juvenile facilities and does not apply to normal sleeping hours. (6) This section does not apply to youth or wards in Policy 468 Section (6) ☒ ☐ ☐ court holding facilities or adult facilities. (7) Nothing in this section shall be construed to Policy 468 Section (7) conflict with any law providing greater or additional ☒ ☐ ☐ protections to youth. (8) This section does not apply during an Policy 468 Section (8) extraordinary emergency circumstance that requires a significant departure from normal institutional operations, including a natural disaster or facility- ☒ ☐ ☐ wide threat that poses an imminent and substantial risk of harm to multiple staff or youth. This exception shall apply for the shortest amount of time needed to address this imminent and substantial risk of harm. (9) This section does not apply when a youth is Policy 468 Section (9) placed in a locked cell or sleeping room to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the youth is not required to be in an infirmary for an ☒ ☐ ☐ illness. Additionally, this section does not apply when a youth is placed in a locked cell or sleeping room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the youth is not required to be in an infirmary for illness. 1357 USE OF FORCE Policy 448 Use of Force The facility administrator, in cooperation with the The above policy contains the elements for responsible physician, shall develop and implement the minimum standards of this regulation. written policies and procedures for the use of force, which may include chemical agents. Force shall never be applied as punishment, discipline, retaliation or ☒ ☐ ☐ BSCC staff reviewed the three reports of treatment. incidents involving the use of force on youth (a) At a minimum, each facility shall develop policies and by detention staff that occurred over the past procedures which: six months. We also interviewed youth housed at the facility and facility detention staff. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 8 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) restricts the use of force to that which is deemed Policy 448: Use of Force, Section (a) (1) reasonable and necessary, as defined in Section 1302 to ensure the safety and security of youth, staff, BSCC staff reviewed reports and interviews others and the facility. with youth and MCJH JCO staff. BSCC staff reviewed a use of force incident where a JCO staff may have prematurely physically engaged with a youth before it was deemed necessary and did not utilize the ☒ ☐ ☐ opportunity to request assistance from the shift supervisor prior to engaging; this incident is under Administrative Investigation by the agency. BSCC staff provided technical assistance, indicating that to maintain compliance, the agency should provide training to staff that will ensure the appropriate protocols and Title 15 requirements are met. (2) outline the force options available to staff including Policy 448: Use of Force, Section (a) (2) both physical and non-physical options and define when those force options are appropriate. MCJH detention staff receive an initial use of force training and policy review outlining both ☒ ☐ ☐ physical and non-physical de-escalation options. An additional annual training is provided to all youth supervision staff, including supervisors. (3) describe force options or techniques that are Policy 448, Section (a) (3) expressly prohibited by the facility. MCJH Use of Force Options include the below: • Verbal Commands ☒ ☐ ☐ • Soft Hands/Physical Escort • Control Hold • Intermediate Techniques/Takedown or personal defense • Mechanical Restraints (4) describe the requirements of staff to report any Policy 448, Section (a) (4) inappropriate use of force, and to take affirmative ☒ ☐ ☐ action to immediately stop it. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 9 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (5) define a standardized reporting format that Policy 448, Section (a) (5) includes time period and procedure for documenting and reporting the use of force, including reporting The facility expectation is for detention staff to requirements of management and line staff and complete any use of force Incident Reports procedures for reviewing and tracking use of force prior to ending his/her shift. Supervisory incidents by supervisory and or management staff, reviews are conducted prior to the end of the which include procedures for debriefing a particular shift that the incident occurred. incident with staff and/or youth for the purposes of training as well as mitigating the effects of trauma that BSCC observed a use of force incident may have been experienced by staff and /or the youth currently being investigated by the agency. involved. BSCC staff found that a supplemental report ☒ ☐ ☐ with added detail was written by the involved JCO, approximately 2 months following the incident. BSCC staff provided technical assistance to aid the facility in maintaining compliance. The technical assistance encouraged the agency to follow its use of force policy that indicates that the duty supervisor will conduct a debriefing with involved staff and youth and complete a Critical Incident Review no later than the day following the incident. (6) Include an administrative review and a system for Policy 448: Use of Force, Section (a) (1) investigating unreasonable use of force. ☒ ☐ ☐ The Superintendent reviews the use of force incident reports to ensure the use of force was in accordance with facility policy. (7) define the role, notification, and follow-up Policy 448, Section VIII (C) procedures required after use of force incidents for medical, mental health staff and parents or legal BSCC staff interviewed supervisory, guardians. ☒ ☐ ☐ detention, and medical staff to help determine compliance with the elements of this regulation. (8) describe the limitations of use of force on pregnant Policy 448, Section (a) (8) youth in accordance with Penal Code Section 6030(f) ☒ ☐ ☐ and Welfare and Institutions Code Section 222. (b) Facilities that authorize chemical agents as a force MCJH does not authorize the use of chemical option shall include policies and procedures that: agents. Therefore, sections (b) 1 through 5 of (1) identify who is approved to carry and/or utilize this regulation is non-applicable. ☐ ☐ ☒ chemical agents in the facility and the type, size and the approved method of deployment for those chemical agents. (2) mandate that chemical agents only be used when there is an imminent threat to the youth’s safety or the safety of others and only when de-escalation efforts ☐ ☐ ☒ have been unsuccessful or are not reasonably possible. (3) outline the facility’s approved methods and timelines for decontamination from chemical agents. This shall include that youth who have been exposed ☐ ☐ ☒ to chemical agents shall not be left unattended until that youth is fully decontaminated or is no longer suffering the effects of the chemical agent. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 10 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (4) define the role, notification, and follow-up procedures required after use of force incidents ☐ ☐ ☒ involving chemical agents for medical, mental health staff and parents or legal guardians. (5) provide for the documentation of each incident of use of chemical agents, including the reasons for which it was used, efforts to de-escalate prior to use, youth and staff involved, the date, time and location ☐ ☐ ☒ of use, decontamination procedures applied and identification of any injuries sustained as a result of such use. (c) Facilities shall develop policies and procedure which Policy 448 Section (c) (1) require that agencies provide initial and regular training in use of force and chemical agents when appropriate The elements of this regulation are confirmed that address: ☒ ☐ ☐ in the Appointment and Qualification Letter, (1) known medical and behavioral health conditions written by Chief Probation Officer (CPO), that would contraindicate certain types of force; Marlon Washington, and dated March 29, 2024. (2) acceptable chemical agents and the methods of ☐ ☐ ☒ application. (3) signs or symptoms that should result in Policy 448, Section (c) (3) ☒ ☐ ☐ immediate referral to medical or behavioral health. (4) instruction on the Constitutional Limitations of Policy 448, Section (c) (4) ☒ ☐ ☐ Use of Force. (5) physical training force options that may require Policy 448, Section (c) (5) ☒ ☐ ☐ the use of perishable skills. (6) timelines the facility uses to define regular Policy 448, Section (c) (6) ☒ ☐ ☐ training. 1361 GRIEVANCE PROCEDURE Policy 431 Minor’s Information on Grievances Policy Statement #1 The facility administrator shall develop and implement written policies and procedures whereby any youth may BSCC staff reviewed grievances and due appeal and have resolved grievances relating to any condition of confinement, including but not limited to process documentation, for February through health care services, classification decisions, program April 2024, and the Grievance Log for the past participation, telephone, mail or visiting procedures, 6 months to present. We also interviewed food, clothing, bedding, mistreatment, harassment or youth housed at the facility, as well as ☒ ☐ ☐ violations of the nondiscrimination policy. There shall be detention staff. no time limit on filing grievances. Policies and procedures shall include provisions whereby the facility BSCC staff observed that the above manager ensures: grievance policy is outdated. BSCC staff provided technical assistance for the agency to review and update the grievance policy and procedure to be in line with current practice and expectations. (a) a grievance form and instructions for registering a Policy 431: Minor’s Information on Grievances grievance, which includes provisions for the youth to Policy Statement #1 have free access to the form; During our physical inspection, we observed ☒ ☐ ☐ that grievances were readily available to youth. In addition, grievance lock boxes were in the housing pods/wings to allow youth to confidentially submit a grievance if needed. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 11 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) the youth shall have the option to confidentially file Policy 431 Minor’s Information on Grievances the grievance or to deliver the form to any youth Policy Statement #1 supervision staff working in the facility; The youth were aware of the location of the grievances and the grievance lockbox. However, the above policy instructs the youth to first, “bring their concerns to the JCO”. ☒ ☐ ☐ BSCC staff provided guidance to the agency in explaining that to maintain compliance, the agency should update policy and procedure to include the option for youth to confidentially file a grievance. Additionally, the agency should ensure JCO and supervisory staff understand Title 15 requirements for this regulation. (c) resolution of the grievance at the lowest appropriate Policy 431 Minor’s Information on Grievances staff level; ☒ ☐ ☐ Policy Statement #2 (d) provision for a prompt review and initial response to Policy 431 Minor’s Information on Grievances grievances within three (3) business days, grievances Policy Statement #1 that relate to health and safety issues must be addressed immediately; BSCC staff observed that policy indicates that ☒ ☐ ☐ there will be an attempt to resolve the grievance within eight hours. BSCC provided technical assistance to the facility related to updating policy to be in line with current practice and regulation requirements. (1) The youth may elect to be present to explain Policy 431: Minor’s Information on Grievances his/her version of the grievance to a person not Procedure #1 directly involved in the circumstances which led to ☒ ☐ ☐ the grievance. The youth interviewed indicated that during the intake and orientation process, the grievance procedure was explained. (2) Provision for a staff representative approved by Policy 431: Minor’s Information Procedure #1 the facility administrator to assist the youth. BSCC staff observed language in the grievance policy that indicates that upon notifying a JCO of a concern, the JCO will determine “if the matter is grievable”. BSCC staff provided technical assistance by ☒ ☐ ☐ explaining to the agency that the youth has a right to file a grievance on any matter associated with the youth being housed at the facility. The facility understands that, to maintain compliance, the policy and instructions for filing a grievance must be updated immediately. (e) provision for a written response to the grievance Policy 431: Procedure #3 which includes the reasons for the decisions; The documentation as well as interviews show that detention staff respond professionally. ☒ ☐ ☐ BSCC discussed best outcomes occur when policy provides expectations and timelines for supervisor’s responsibilities within the grievance process. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 12 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (f) a system which provides that any appeal of a Policy 431: Procedure #3 grievance shall be heard by a person not directly ☒ ☐ ☐ involved in the circumstances which led to the grievance; (g) resolution of the grievance must occur within ten (10) Policy 431 Minor’s Information on Grievances business days unless circumstances dictate a longer Policy Statement #1 time frame. The youth shall be notified of any delay; ☒ ☐ ☐ and, The documentation as well as interviews show that detention staff respond to grievances in a timely fashion. (h) the policy shall provide multiple internal and external Policy 431 Minor’s Information on Grievances ☒ ☐ ☐ methods to report sexual abuse and sexual harassment. Policy Statement #5 Whether or not associated with a grievance, concerns Policy 431: Procedure # 5 of parents, guardians, staff or other parties shall be ☒ ☐ ☐ addressed and documented in accordance with written policies and procedures within a specified timeframe. 1371 PROGRAMS, RECREATION, AND Policy 444 Recreation and Exercise Program EXERCISE. BSCC staff reviewed programs provided and The facility administrator shall develop and implement their schedule for the months of February, written policies and procedures for programs, recreation, and exercise for all youth. The intent is to March, and April of 2024. We also reviewed minimize the amount of time youth are in their rooms or the program daily calendar available to youth. their bed area. ☒ ☐ ☐ We commend the MCJH for the array of pro- social programming offered to youth detained at the facility. The facility’s policy and procedure are applicable to the elements of this regulation, as required. Juvenile facilities shall provide the opportunity for Policy 444: Programs Recreation and programs, recreation, and exercise a minimum of three Exercise Program hours a day during the week and five hours a day each Policy Statement #1 ☒ ☐ ☐ Saturday, Sunday or other non-school days, of which one hour shall be an outdoor activity, weather permitting. A youth’s participation in programs, recreation, and Policy 444: Programs Recreation and exercise may be suspended only upon a written finding Exercise Program by the administrator/manager or designee that a youth Policy Statement #3 represents a threat to the safety and security of the facility. BSCC staff discussed favorable outcomes and ongoing compliance when the names of ☒ ☐ ☐ youth who did not attend a particular program are clearly documented. There was no documentation provided to indicate a youth’s participation in any program was suspended. Such program, recreation, and exercise schedule shall Policy 444: Programs Recreation and be posted in the living units. Exercise Program Policy Statement #4 During the physical facility inspection, we ☒ ☐ ☐ observed program and recreation schedule calendars posted in the living units. We were impressed with the large, oversized eraser board containing up-to-date daily programming schedules. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 13 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS There will be a written annual review of the programs, Policy 444: Programs Recreation and recreation, and exercise by the responsible agency to Exercise Program ensure content offered is current, consistent, and Statement #5 relevant to the population. ☒ ☐ ☐ A memorandum written by Superintendent, Rosaura De Alverez, and dated May 1, 2024, confirms an annual review of the programs, recreation, and exercise was reviewed to meet the elements of this regulation. (a) Programs. All youth shall be provided with the Policy 444: Programs Recreation and opportunity for at least one hour of daily programming to Exercise Program include, but not be limited to, trauma focused, cognitive, Section (a) evidence-based, best practice interventions that are culturally relevant and linguistically appropriate, or pro- BSCC staff reviewed random Programs social interventions and activities designed to reduce Exercise and Recreation logs, and pertinent recidivism. These programs should be based on the documentation for the months of February, youth’s individual needs as required by Sections 1355 March, and April of 2024. We also interviewed and 1356. Such programs may be provided under the youth housed at the facility, detention staff, direction of the Chief Probation Officer or the County behavioral health staff, and education service Office of Education and can be administered by county partners such as mental health agencies, community staff. based organizations, faith-based organizations or Probation staff. BSCC staff commend the shift supervisors for Programs may include but are not limited to: the detail within the shift report that provided (1) Cognitive Behavior Interventions; reference for the occurrence of daily (2) Management of Stress and Trauma; structured programming. (3) Anger Management; (4) Conflict Resolution; ☒ ☐ ☐ MCJH, in conjunction with Behavioral Health, (5) Juvenile Justice System; staff have a very good collaborative system in (6) Trauma-related interventions; working together to provide an array of pro- (7) Victim Awareness; social programming offered to youth detained (8) Self-Improvement; at the facility. To name a few, the behavioral (9) Parenting Skills and support; (10) Tolerance and Diversity; health staff facilitate ART groups, Psycho (11) Healing Informed Approaches; Education groups, and support groups for girls (12) Interventions by Credible Messengers; in custody. (13) Gender Specific Programming; (14) Art, creative writing, or self-expression; Other programs include, but are not limited to: (15) CPR and First Aid training; • Next Step Project (Emotional (16) Restorative Justice or Civic Engagement; Wellness Curriculum) (17) Career and leadership opportunities; and, • Weekly Art Classes (18) Other topics suitable to the youth population. • Yoga and Meditation • Rising Scholars • AA and NA • Family Springs Therapy Group (b) Recreation. All youth shall be provided the opportunity Policy 444 Recreation and Exercise Program for at least one hour of daily access to unscheduled Policy Guidelines activities such as leisure reading, letter writing, and ☒ ☐ ☐ entertainment. Activities shall be supervised and include orientation and may include coaching of youth. (c) Exercise. All youth shall be provided with the Policy 444 Recreation and Exercise Program opportunity for at least one hour of large muscle activity Policy Guidelines each day. After a review of program activity logs, and ☒ ☐ ☐ interviews with youth housed at the facility and detention staff, Marin County JH meets compliance with the Title 15 minimum standards. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 14 of 15 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS The administrator/manager may suspend, for a period Policy 444: Recreation and Exercise Program not to exceed 24 hours, access to recreation and Policy Exception #4 programs. The administrator/manager shall document ☒ ☐ ☐ the reasons why suspension of recreation and programs occurs. 7293 Marin Juvenile Hall Targeted PRO 23-24 Page 15 of 15 A453 JUV Targeted PRO eff. 1/2024