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Mariposa Probation (2023-2024 inspection cycle)

Board of State and Community Corrections · inspection-7306-2023-2024 · Juvenile inspection · 2024-06-11 · Mariposa Probation

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June 11, 2024 Ryan Oliphant, Chief Probation Officer Mariposa County Probation Department 5091 Bullion Street, P.O. Box 76 Mariposa, CA 95776 2023-2024 TARGETED INSPECTION, WELFARE & INSTITUTIONS CODE SECTIONS 209 & 885, MARIPOSA COUNTY PROBATION DEPARTMENT DETENTION FACILITY Dear Chief Oliphant: The 2023-2024 Targeted Inspection of the Mariposa County Probation Department has been completed. The following facility was inspected on Tuesday, May 14, 2024: FACILITY NAME BSCC # FACILITY TYPE Mariposa Special Purpose Juvenile Hall 7306 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 Title 15, California Code of Regulations for Section 1321 Staffing, Section 1328 Safety Checks, Section 1354.5 Room Confinement, Section 1357 Use of Force, Section 1361 Grievance Procedure, and Section 1371 Programs, Recreation and Exercise. INSPECTION RESULTS The inspection consisted of a site visit, documentation review, and interviews with facility staff. 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 Thursday, May 30, 2024; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. * * * Please email me at shay.molennor@bscc.ca.gov or call (916) 708-2062 if you have any questions. Ryan Oliphant, Chief Probation Officer Page 2 Sincerely, SHAY MOLENNOR Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Mariposa County Juvenile Court* Chair, Juvenile Justice Commission, Mariposa County* Chair, Board of Supervisors, Mariposa County* County Administrator, Mariposa County* Monique Beaudoin, Assistant Chief (electronic copy) Athena Land, Facility Manager (electronic copy) *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 7306 Mariposa Probation JH Targeted LTR 23-24 JUVENILE HALLS, SPECIAL PURPOSE JUVENILE HALLS AND CAMPS Board of State and Community Corrections PROCEDURES CHECKLIST1 BSCC Code: 7306 FACILITY NAME: Mariposa County Special Purpose Juvenile Hall FACILITY TYPE: SPJH PERSON(S) INTERVIEWED: Monique Beaudoin, Assistant Chief Probation Officer, Athena Land, Probation Supervisor/Facility Manager FIELD REPRESENTATIVE: Shay Molennor DATE: May 30, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1321 STAFFING Chapter 4.1 Staffing Each juvenile facility shall: Under the direction of the Chief Probation (a) have an adequate number of personnel sufficient to Officer, the facility has a Supervising carry out the overall facility operation and its Probation Officer/Facility Manager who has programming, to provide for safety and security of youth administrative responsibilities. There are no and staff, and meet established standards and full-time staff designated to the facility. Three regulations; extra help on-call Probation Corrections ☒ ☐ ☐ Officers and three Probation Officers with Juvenile Facility CORE assist if needed. During this inspection cycle, no youth were housed overnight. Upon booking, they are either released or transported to a full-service Juvenile Hall in Tuolumne or Madera County. The agency is compliant with this regulation. (b) ensure that no required services shall be denied because of insufficient numbers of staff on duty absent ☒ ☐ ☐ exigent circumstances; (c) have a sufficient number of supervisory level staff to ☒ ☐ ☐ ensure adequate supervision of all staff members; (d) have a clearly identified person on duty at all times The facility is an SPJH and is exempt from this who is responsible for operations and activities and has training requirement; however, the policy completed the Juvenile Corrections Officer Core Course articulates an attempt by the agency to meet and PC 832 training; the standard within one year of employment. ☒ ☐ ☐ The agency is reaching out to other probation departments to send additional Deputy Probation Officers to a JCO CORE transfer academy. (e) have at least one staff member present on each living ☒ ☐ ☐ unit whenever there are youth in the living unit; 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. 7306 Mariposa SPJH Targeted PRO 23-24 Page 1 of 8 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (f) have sufficient food service personnel relative to the Trinity Food Services via the Mariposa County number and security of living units, including staff Jail provides food to the youth in custody. qualified and available to: plan menus meeting nutritional Meals are created every day specifically for requirements of youth; provide kitchen supervision; direct the facility in case of a booking. ☒ ☐ ☐ food preparation and servings; conduct related training programs for culinary staff; and maintain necessary records; or, a facility may serve food that meets nutritional standards prepared by an outside source; (g) have sufficient administrative, clerical, recreational, Mariposa County Behavioral Health and John medical, dental, mental health, building maintenance, C. Fremont Healthcare District provide on-call transportation, control room, facility security and other services. County facilities public works ☒ ☐ ☐ support staff for the efficient management of the facility, provide maintenance services for the and to ensure that youth supervision staff shall not be detention complex. diverted from supervising youth; and, (h) assign sufficient youth supervision staff to provide continuous wide awake supervision of youth, subject to temporary variations in staff assignments to meet special ☒ ☐ ☐ program needs. Staffing shall be in compliance with a minimum youth-staff ratio for the following facility types: (1) Juvenile Halls The facility is not a Juvenile Hall. (A) during the hours that youth are awake, one ☐ ☐ ☒ wide-awake youth supervision staff member on duty for 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. (2) Special Purpose Juvenile Halls Chapter 4.1 Staffing (A) during hours that youth are awake, one wide- ☒ ☐ ☐ awake youth supervision staff member on duty for each 10 youth in detention; (B) during the hours that youth are confined to their During this inspection cycle, no youth were room for the purpose of sleeping, one wide-awake housed in the facility overnight. ☒ ☐ ☐ 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 On call staff of the same gender of the youth duty who is the same gender as youth housed in ☒ ☐ ☐ will be brought in to provide supervision of the the facility. youth. 7306 Mariposa SPJH Targeted PRO 23-24 Page 2 of 8 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 facility is not a Camp. (A) during the hours that youth are awake, one ☐ ☐ ☒ wide-awake youth supervision staff member on 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; (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 Chapter 3.3 Safety Checks The facility administrator shall develop and implement Reviewed handwritten safety check log from policy and procedures that provide for direct visual March 2024. A youth was placed in the observation of youth at a minimum of every 15 minutes, holding room during the initial booking for at random or varied intervals during hours when youth seventeen minutes. The safety checks made are asleep or when youth are in their rooms, confined in holding cells or confined to their bed in a dormitory. ☒ ☐ ☐ during this time were varied. Supervision is not replaced, but may be supplemented The facility manager reviews safety check by, an audio/visual electronic surveillance system logs. designed to detect overt, aggressive or assaultive behavior and to summon aid in emergencies. All safety The agency is compliant with this regulation. checks shall be documented with the actual time the check is completed. 7306 Mariposa SPJH Targeted PRO 23-24 Page 3 of 8 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1354.5 ROOM CONFINEMENT Chapter 6.9 Room Confinement (a) The facility administrator shall develop and There were no instances of room confinement implement written policies and procedures addressing during this inspection cycle. the confinement of youth in their room that are ☒ ☐ ☐ consistent with Welfare and Institutions Code Section The agency is compliant with this regulation. 208.3. The placement of a youth in room confinement shall be accomplished in accordance with the following guidelines: (1) Room confinement shall not be used before other, less restrictive, options have been attempted and exhausted, unless attempting those options ☒ ☐ ☐ poses a threat to the safety or security of any youth or staff. (2) Room confinement shall not be used for the purposes of punishment, coercion, convenience, or ☒ ☐ ☐ retaliation by staff. (3) Room confinement shall not be used to the extent that it compromises the mental and physical health ☒ ☐ ☐ of the youth. (b) A youth may be held up to four hours in room confinement. After the youth has been held in room ☒ ☐ ☐ confinement for a period of four hours, staff shall do one or more of the following: (1) Return the youth to general population. ☒ ☐ ☐ (2) Consult with mental health or medical staff. ☒ ☐ ☐ (3) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate ☒ ☐ ☐ the youth to general population. (4) If room confinement must be extended beyond four hours, staff shall do each of the following: (A) Document the reasons for room confinement and the basis for the extension, the date and time ☒ ☐ ☐ the youth was first placed in room confinement, and when he or she is eventually released from room confinement. (B) Develop an individualized plan that includes the goals and objectives to be met in order to ☒ ☐ ☐ integrate the youth to general population. (C) Obtain documented authorization by the facility superintendent or his or her designee ☒ ☐ ☐ every four hours thereafter. (5) This section is not intended to limit the use of 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 ☒ ☐ ☐ court holding facilities or adult facilities. (7) Nothing in this section shall be construed to conflict with any law providing greater or additional ☒ ☐ ☐ protections to youth. (8) This section does not apply during an 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. 7306 Mariposa SPJH Targeted PRO 23-24 Page 4 of 8 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (9) This section does not apply when a youth is 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 Chapter 6.12 Use of Force The facility administrator, in cooperation with the There were no Use of Force incidents during responsible physician, shall develop and implement this inspection cycle. written policies and procedures for the use of force, which may include chemical agents. Force shall never ☒ ☐ ☐ The agency is compliant with this regulation. be applied as punishment, discipline, retaliation or treatment. (a) At a minimum, each facility shall develop policies and procedures which: (1) restricts the use of force to that which is deemed reasonable and necessary, as defined in Section ☒ ☐ ☐ 1302 to ensure the safety and security of youth, staff, others and the facility. (2) outline the force options available to staff including both physical and non-physical options and define ☒ ☐ ☐ when those force options are appropriate. (3) describe force options or techniques that are ☒ ☐ ☐ expressly prohibited by the facility. (4) describe the requirements of staff to report any inappropriate use of force, and to take affirmative ☒ ☐ ☐ action to immediately stop it. (5) define a standardized reporting format that includes time period and procedure for documenting and reporting the use of force, including reporting requirements of management and line staff and procedures for reviewing and tracking use of force incidents by supervisory and or management staff, ☒ ☐ ☐ which include procedures for debriefing a particular incident with staff and/or youth for the purposes of training as well as mitigating the effects of trauma that may have been experienced by staff and /or the youth involved. (6) Include an administrative review and a system for ☒ ☐ ☐ investigating unreasonable use of force. (7) define the role, notification, and follow-up procedures required after use of force incidents for ☒ ☐ ☐ medical, mental health staff and parents or legal guardians. (8) describe the limitations of use of force on pregnant youth in accordance with Penal Code Section 6030(f) ☒ ☐ ☐ and Welfare and Institutions Code Section 222. 7306 Mariposa SPJH Targeted PRO 23-24 Page 5 of 8 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Facilities that authorize chemical agents as a force option shall include policies and procedures that: (1) identify who is approved to carry and/or utilize ☒ ☐ ☐ 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. (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 require that agencies provide initial and regular training in use of force and chemical agents when appropriate ☒ ☐ ☐ that address: (1) known medical and behavioral health conditions that would contraindicate certain types of force; (2) acceptable chemical agents and the methods of ☒ ☐ ☐ application. (3) signs or symptoms that should result in ☒ ☐ ☐ immediate referral to medical or behavioral health. (4) instruction on the Constitutional Limitations of ☒ ☐ ☐ Use of Force. (5) physical training force options that may require ☒ ☐ ☐ the use of perishable skills. (6) timelines the facility uses to define regular ☒ ☐ ☐ training. 1361 GRIEVANCE PROCEDURE Chapter 6.16 Youth Grievance Procedures The facility administrator shall develop and implement There have been no grievances filed during written policies and procedures whereby any youth may this inspection cycle. appeal and have resolved grievances relating to any condition of confinement, including but not limited to health care services, classification decisions, program ☒ ☐ ☐ The agency is compliant with this regulation. participation, telephone, mail or visiting procedures, food, clothing, bedding, mistreatment, harassment or violations of the nondiscrimination policy. There shall be no time limit on filing grievances. Policies and procedures shall include provisions whereby the facility manager ensures: (a) a grievance form and instructions for registering a BSCC staff confirmed grievance forms were grievance, which includes provisions for the youth to ☒ ☐ ☐ available in the housing unit. have free access to the form; 7306 Mariposa SPJH Targeted PRO 23-24 Page 6 of 8 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 A locked box is available in the housing unit the grievance or to deliver the form to any youth ☒ ☐ ☐ for youth to file grievances confidentially. supervision staff working in the facility; (c) resolution of the grievance at the lowest appropriate ☒ ☐ ☐ staff level; (d) provision for a prompt review and initial response to grievances within three (3) business days, grievances ☒ ☐ ☐ that relate to health and safety issues must be addressed immediately; (1) The youth may elect to be present to explain his/her version of the grievance to a person not ☒ ☐ ☐ directly involved in the circumstances which led to the grievance. (2) Provision for a staff representative approved by ☒ ☐ ☐ the facility administrator to assist the youth. (e) provision for a written response to the grievance ☒ ☐ ☐ which includes the reasons for the decisions; (f) a system which provides that any appeal of a 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) business days unless circumstances dictate a longer ☒ ☐ ☐ time frame. The youth shall be notified of any delay; and, (h) the policy shall provide multiple internal and external Chapter 14 PREA Policy methods to report sexual abuse and sexual harassment. Youth are provided a PREA information and acknowledgment form upon intake, outlining ☒ ☐ ☐ internal and external reporting methods. In addition, a PREA advisement is posted in the living unit. Provided technical assistance to clarify grievance and PREA policies are consistent with procedure. Whether or not associated with a grievance, concerns 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 Chapter 7.1 Programs, Recreation and EXERCISE. Exercise The facility administrator shall develop and implement written policies and procedures for programs, ☒ ☐ ☐ The agency is compliant with this regulation. recreation, and exercise for all youth. The intent is to minimize the amount of time youth are in their rooms or their bed area. Juvenile facilities shall provide the opportunity for programs, recreation, and exercise a minimum of three hours a day during the week and five hours a day each ☒ ☐ ☐ 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 exercise may be suspended only upon a written finding by the administrator/manager or designee that a youth ☒ ☐ ☐ represents a threat to the safety and security of the facility. Such program, recreation, and exercise schedule shall Reviewed facility program schedule and this ☒ ☐ ☐ be posted in the living units. information is posted in the living unit. 7306 Mariposa SPJH Targeted PRO 23-24 Page 7 of 8 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, A memorandum dated January 24, 2024, by recreation, and exercise by the responsible agency to the prior Superintendent, Monique Beaudoin, ☒ ☐ ☐ ensure content offered is current, consistent, and addressed the requirements of this regulation. relevant to the population. (a) Programs. All youth shall be provided with the The Mariposa Probation Department uses the opportunity for at least one hour of daily programming to 3rd Millennium curriculum which would be include, but not be limited to, trauma focused, cognitive, provided to youth to meet this regulation. A evidence-based, best practice interventions that are laptop would be provided to the youth to culturally relevant and linguistically appropriate, or pro- complete the programming requirement. social interventions and activities designed to reduce recidivism. These programs should be based on the Provided technical assistance to clarify in their youth’s individual needs as required by Sections 1355 procedures the programming available to and 1356. Such programs may be provided under the youth. direction of the Chief Probation Officer or the County Office of Education and can be administered by county partners such as mental health agencies, community based organizations, faith-based organizations or Probation staff. Programs may include but are not limited to: (1) Cognitive Behavior Interventions; (2) Management of Stress and Trauma; ☒ ☐ ☐ (3) Anger Management; (4) Conflict Resolution; (5) Juvenile Justice System; (6) Trauma-related interventions; (7) Victim Awareness; (8) Self-Improvement; (9) Parenting Skills and support; (10) Tolerance and Diversity; (11) Healing Informed Approaches; (12) Interventions by Credible Messengers; (13) Gender Specific Programming; (14) Art, creative writing, or self-expression; (15) CPR and First Aid training; (16) Restorative Justice or Civic Engagement; (17) Career and leadership opportunities; and, (18) Other topics suitable to the youth population. (b) Recreation. All youth shall be provided the opportunity Recreation available to youth pending for at least one hour of daily access to unscheduled transport to another facility includes telephone activities such as leisure reading, letter writing, and ☒ ☐ ☐ calls, letter writing, games, reading material, entertainment. Activities shall be supervised and include television, and access to a laptop with orientation and may include coaching of youth. approved activities. (c) Exercise. All youth shall be provided with the The facility has a large outside recreation yard opportunity for at least one hour of large muscle activity ☒ ☐ ☐ available for large muscle activity. each day. The administrator/manager may suspend, for a period not to exceed 24 hours, access to recreation and programs. The administrator/manager shall document ☒ ☐ ☐ the reasons why suspension of recreation and programs occurs. 7306 Mariposa SPJH Targeted PRO 23-24 Page 8 of 8 A453 JUV Targeted PRO eff. 1/2024