Marin Probation (2023-2024 inspection cycle)

November 13, 2024 Marlon Washington, Chief of Probation Marin Probation Department 3501 Civic Center Dr # 265 San Rafael, CA 94903 2023-2024 UNANNOUNCED INSPECTION, WELFARE & INSTITUTIONS CODE SECTIONS 209 & 885, MARIN COUNTY PROBATION DEPARTMENT DETENTION FACILITY Dear Chief Washington: On October 23, 2024, the Board of State and Community Corrections conducted an Unannounced Inspection of the Marin County Probation Department’s Juvenile Hall (MCJH). The focus of this inspection was the facility’s compliance with Title 15 Regulations, Section, 1357 Use of Force, and Section, 1361 Grievance Procedure. 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. INSPECTION RESULTS We identified no items of noncompliance with Title 15 Minimum Standards. Refer to the attached Title 15 Procedures Checklist for detailed information. An Exit Briefing with your staff was held on Wednesday, October 23, 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 Marlon Washington, Chief Probation Officer Page 2 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 Unannounced LTR 23-24 JUVENILE HALLS, SPECIAL PURPOSE JUVENILE HALLS AND CAMPS Board of State and Community Corrections PROCEDURES CHECKLIST1 2 BSCC Code: 7293 FACILITY NAME: Marin County Juvenile Hall (MCJH) FACILITY TYPE: JH PERSON(S) INTERVIEWED: Rosaura De Alverez, Juvenile Hall Superintendent; Omar Padilla, JCO III. FIELD REPRESENTATIVE: Forrest Coleman DATE: October 23, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1357 USE OF FORCE Policy 448 Use of Force The facility administrator, in cooperation with the The above policy contains the elements for the responsible physician, shall develop and implement minimum standards of this regulation. written policies and procedures for the use of force, which may include chemical agents. Force shall never ☒ ☐ ☐ BSCC staff reviewed the two reports of be applied as punishment, discipline, retaliation or incidents involving the use of force that treatment. occurred since the prior May 17, 2024, BSCC (a) At a minimum, each facility shall develop policies and inspection. We also interviewed Juvenile Hall procedures which: administration and supervisory staff. (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, others ☒ ☐ ☐ BSCC staff reviewed reports and related and the facility. policy. (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. ☒ ☐ ☐ MCJH Use of Force Options include the following: • Verbal Commands • Soft Hands/ Physical Escort • Control Hold • Intermediate Techniques/ Takedown or personal defense • Mechanical Restraints 1 This document is intended for use as a tool during the 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. 2 This is a modified version of the Procedures Checklist and is only intended for the 2024 Unannounced Inspection of the Marin Juvenile Hall. 7293 Marin County Juvenile Hall Unannounced PRO 23-24 Page 1 of 5 A453 JUV PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) describe force options or techniques that are Policy 448, Section (a) (3) expressly prohibited by the facility. ☒ ☐ ☐ (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. (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 The facility is actively formulating a digital filing may have been experienced by staff and /or the youth system that notifies the Superintendent involved. whenever a UOF incident report is being submitted. (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 staff to guardians. ☒ help determine compliance with the elements ☐ ☐ of this regulation. We provided technical assistance related to documenting, in a standard location within the incident report, that a parent notification occurred. (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, section (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. (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. 7293 Marin County Juvenile Hall Unannounced PRO 23-24 Page 2 of 5 A453 JUV PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 immediate Policy 448, Section (c) (3) ☒ referral to medical or behavioral health. ☐ ☐ (4) instruction on the Constitutional Limitations of Use Policy 448, Section (c) (4) ☒ 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. The elements of this regulation are confirmed ☒ in the Appointment and Qualification Letter, ☐ ☐ written by Chief Probation Officer (CPO), Marlon Washington and dated March 29, 2024. 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 that occurred since health care services, classification decisions, program the prior May 17, 2024, BSCC inspection. participation, telephone, mail or visiting procedures, BSCC staff observed that the related food, clothing, bedding, mistreatment, harassment or violations of the nondiscrimination policy. There shall be grievance policy is outdated. BSCC staff ☒ ☐ ☐ no time limit on filing grievances. Policies and provided technical assistance for the agency procedures shall include provisions whereby the facility to review and update the grievance policy and manager ensures: incorporate procedure that is in line with current practice and expectations. We discussed the importance of incorporating supervisory accountability with respect to ensuring that the grievance process is appropriately followed, including, but not limited to, initial response timelines. 7293 Marin County Juvenile Hall Unannounced PRO 23-24 Page 3 of 5 A453 JUV PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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; BSCC observed that the facility initiated a pilot program that enabled the youth to file a grievance utilizing an individually assigned tablet. In review, BSCC staff recommended ☒ ☐ ☐ discontinue the use of the tablets for submitting grievances until the facility can ensure that processes are in place that align with Title 15 regulations. Grievances are readily available to youth. In addition, grievance lock boxes are in the housing pods/wings to allow youth to confidentially submit a grievance if needed. (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 are 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 technical assistance related to the agency updating policy and procedure to include the option for youth to confidentially file a grievance. This was an area of concern during May 17, 2024 BSCC Targeted Inspection. (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 8 hours. BSCC provided technical assistance to the facility related to the updated policy to be in line with current practice and Title 15 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. 7293 Marin County Juvenile Hall Unannounced PRO 23-24 Page 4 of 5 A453 JUV PRO eff. 07.01.24 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 related to a youth’s right to file a grievance regarding any matter associated with the youth being housed at the facility. This was discussed with the facility during the May 17, 2024 BSCC Targeted inspection. (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 when policy provides expectations and timelines for supervisor’s responsibilities within the grievance process. (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 of Policy 431: Procedure # 5 parents, guardians, staff or other parties shall be ☒ ☐ ☐ addressed and documented in accordance with written policies and procedures within a specified timeframe. 7293 Marin County Juvenile Hall Unannounced PRO 23-24 Page 5 of 5 A453 JUV PRO eff. 07.01.24