Mendocino Probation Juvenile Hall (2023-2024 inspection cycle)

August 30, 2024 Izen E. Locatelli, Chief of Probation Mendocino County Probation Department 585 Low Gap Road Ukiah, CA 95482 2023-2024 TARGETED INSPECTION, WELFARE & INSTITUTIONS CODE SECTIONS 209 & 885, MENDOCINO COUNTY PROBATION DEPARTMENT DETENTION FACILITY Dear Chief Locatelli: A Targeted Inspection of the Mendocino County Probation Department has been completed. A pre-inspection briefing was held on Thursday, April 18, 2024, and the following facility was inspected between Tuesday, July 9, 2024, and Friday, July 12, 2024: FACILITY NAME BSCC # FACILITY TYPE Mendocino County Juvenile Hall 7316 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. INSPECTION RESULTS We identified the following item(s) of noncompliance with Title 15 Minimum Standards. Refer to the attached Procedures Checklist for detailed information. The following item(s) of noncompliance: § 1354.5. Room Confinement: Mendocino Juvenile Hall Youth Corrections Officers did not follow facility policy as it relates to assessing youth hourly to determine continued room confinement. As a result, some youths ate breakfast in their rooms and missed portions of school. Lastly, Board of State and Community Corrections (BSCC) staff found occurrences of youth remaining in room confinement when documentation indicated that the need for continued room confinement was no longer necessary. CORRECTIVE ACTION PLAN (CAP) An Exit Briefing with your staff was held on Friday, July 12, 2024; BSCC staff presented an inspection overview and discussed technical assistance and best practice recommendations. Izen E. Locatelli Chief Probation Officer Page 2 An Initial Inspection Report (IIR) outlining items of noncompliance was provided to your staff at the Exit Briefing. Pursuant to Welfare and Institutions Code section 209(d), a Corrective Action Plan (CAP) was due to BSCC no later than 60 days following the notice of noncompliance, by September 10, 2024. On August 23, 2024, your agency provided a CAP to BSCC, and on August 26, 2024, BSCC approved the CAP. The CAP asserts that item(s) of noncompliance identified in the IIR will be resolved by November 9, 2024. BSCC staff will follow up with further information regarding the implementation of the corrective action plan and reinspection for compliance on or after November 9, 2024. Failure to correct the item(s) of noncompliance within the approved timeframe confirmed in the approved CAP, will result in the county’s appearance before the BSCC Board for a determination of suitability. * * * 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, Mendocino County Juvenile Court* Chair, Juvenile Justice Commission, Mendocino County* Chair, Board of Supervisors, Mendocino County* County Administrator, Mendocino County* John Bednar, Division Manager, Juvenile Hall, Mendocino County Katie Ford, Assistant Chief Probation Officer, Mendocino County *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 7316 Mendocino County Juvenile Hall JH Targeted LTR 23-24 JUVENILE HALLS, SPECIAL PURPOSE JUVENILE HALLS AND CAMPS Board of State and Community Corrections PROCEDURES CHECKLIST1 BSCC Code: 7316 FACILITY NAME: Mendocino County Juvenile Hall (MCJH) FACILITY TYPE: JH PERSON(S) INTERVIEWED: Izen Locatelli, Chief Probation Officer; Katie Ford, Assistant Chief Probation Officer; John Bednar, Division Manager; Zoila Richardson, LVN Pacific Redwood Medical Group (PRMG); Christopher Watts, Supervising Youth Corrections Officer (SYCO); Eric Hargreaves, Youth Corrections Officer (YCO); Cliff Landis, Clinical Manager; Mindy Ramos, Teacher; Juan Orozco, Bilingual Instructional Paraprofessional; Lupita Duran, Central Control; Male youth; Female youth. FIELD REPRESENTATIVE: Forrest Coleman DATE: July 9th through July 12th, 2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1321 STAFFING Lexipol Policy 216 – Staffing Plan Each juvenile facility shall: BSCC staff reviewed the above policies and (a) have an adequate number of personnel sufficient to procedures, the agency’s Organization Chart, carry out the overall facility operation and its the random weekly staff schedule, and the programming, to provide for safety and security of youth daily unit schedule covering the first week of and staff, and meet established standards and April, May, and June 2024. In addition, we regulations; ☒ ☐ ☐ made personal observations. The facility’s Division Manager ensures that each shift is staffed with enough youth supervision staff to ensure the overall facility operation and its programming, including providing safety and security to youth and 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. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 1 of 17 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 Lexipol Policy 216.3.1 – Staffing Plan because of insufficient numbers of staff on duty absent exigent circumstances; Per the above policy, absent exigent circumstances, the Juvenile Hall Division Manager shall ensure that youth are not denied any required services due to insufficient staffing. Monday through Friday during standard business hours the facility Division Manager and the Supervising Youth Corrections Officers work together to ensure no required services shall be denied because of insufficient numbers of staff on duty. Through our review of the above policy, ☒ ☐ ☐ visual observations, a review of work schedules for May, June, and July 2024, as well as a review of the unit programming documentation, BSCC determined that MCJH regularly ensures that the staffing levels are adequate. At the time of the inspection, the facility was budgeted for the following youth supervision/ Youth Corrections Officers staff: • 4 (1 vacant) Supervising Youth Corrections Officers (SYCO) • 13 (1 Vacant) Youth Corrections Officers (YCO) (c) have a sufficient number of supervisory level staff to Lexipol Policy 216.3.1(b) – Staffing Plan ensure adequate supervision of all staff members; Per policy, the facility Division Manager is responsible for the daily overall operations of the facility. Through our review of the above policy, visual observations, work schedules, and interviews with JHC staff and youth housed at the facility, BSCC staff confirmed that ☒ ☐ ☐ sufficient supervisory-level staffing is always on duty. At the time of the inspection, the Mendocino County Juvenile Hall supervisory level staffing was budgeted for: • 1 Division Manager (Superintendent) • 4 (1 vacant) Supervising Youth Corrections Officers (SYCO) 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 2 of 17 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 Lexipol Policy 216.3.1(c) – Staffing Plan who is responsible for operations and activities and has completed the Juvenile Corrections Officer Core Course The elements of this regulation are and PC 832 training; confirmed in the Chief Probation Officer (CPO) Appointment and Qualifications Letter, written by CPO Izen Locatelli, and dated July 9, 2024. Monday through Friday during standard business hours the facility Division Manager is onsite and available to YCO staff. ☒ ☐ ☐ The Supervising Youth Corrections Officer is identified on the shift schedule. In the absence of a supervisor a YCO is assigned as the Shift Supervisor. BSCC staff provided technical assistance to help ensure that the shift schedule was available to allow oncoming YCO staff to identify the supervisor responsible for the shift operations. (e) have at least one staff member present on each living Lexipol Policy 216.3.1(e) – Staffing Plan unit whenever there are youth in the living unit; Staff is always present in occupied housing units. Through personal observations, as well as ☒ ☐ ☐ through 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 Summitt Food Service delivers meals to the number and security of living units, including staff Mendocino County Sheriff’s Office. Juvenile qualified and available to: plan menus meeting nutritional Hall staff retrieve the meals. Two hot meals requirements of youth; provide kitchen supervision; direct per day are provided to the youth. food preparation and servings; conduct related training ☒ ☐ ☐ programs for culinary staff; and maintain necessary There is currently no food service personnel records; or, a facility may serve food that meets nutritional staffing. The adjacent Jail supports the standards prepared by an outside source; facility's meal and snack requirements. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 3 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) have sufficient administrative, clerical, recreational, Lexipol Policy 201.5 – Separation of Duties medical, dental, mental health, building maintenance, transportation, control room, facility security and other Adequate support staff is present and youth support staff for the efficient management of the facility, supervision staff are not distracted by and to ensure that youth supervision staff shall not be support duties. diverted from supervising youth; and, BSCC staff interviewed medical services personnel, behavioral health staff, and detention staff. We also made personal observations over the inspection week. MCJH medical providers are on site Monday ☒ ☐ ☐ through Friday from 8:00 am to 1:00 pm. An assigned LVN is onsite on Saturdays and on- call on Sundays. Nursing staff consist of the following: • 1 Medical Director • 1 Nurse Monday through Friday • 1 Nurse covers weekends The MCJH Mental Health staffing consists of two therapists. Each therapist is onsite two days per week for approximately two hours. (h) assign sufficient youth supervision staff to provide Lexipol Policy 201.3 – Supervision of Youth continuous wide awake supervision of youth, subject to temporary variations in staff assignments to meet special BSCC interviewed detention staff and program needs. Staffing shall be in compliance with a reviewed housing unit logs, programming minimum youth-staff ratio for the following facility types: schedules, and employee daily schedules. ☒ ☐ ☐ The Mendocino County JH regularly provides youth supervision staffing levels that enable the facility to meet the minimum standards for this regulation. (1) Juvenile Halls Lexipol Policy 201.3 – Supervision of Youths (A) during the hours that youth are awake, one wide-awake youth supervision staff member on Through documentation review, personal duty for each 10 youth in detention; observations, as well as interviews with youth and detention staff, and a review of safety check logs, the facility regularly ensures that there is one wide-awake youth supervision ☒ ☐ ☐ staff member on duty for every 10 youths in detention. At the time of this inspection, there were eight youths in the Mendocino County Juvenile Hall detention facility (seven males and one female). (B) during the hours that youth are confined to their Lexipol Policy 201.3 – Supervision of Youths 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 Lexipol Policy 201.3 – Supervision of Youths members on duty at all times, regardless of the number of youth in detention, unless an Through a review of housing unit logs, safety arrangement has been made for backup support check documentation, the daily staff services which allow for immediate response to ☒ ☐ ☐ schedule, personal observations, as well as, emergencies; and, through interviews with detention staff, MCJH regularly ensures that the minimum youth-to- staff ratio is met. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 4 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (D) at least one youth supervision staff member on Lexipol Policy 201.3 – Supervision of duty who is the same gender as youth housed in Youths the facility. Lexipol Policy 216.3.1 – Responsibilities According to shift schedules, housing unit logs, visual observations, and interviews with ☒ ☐ ☐ staff and youth, there is always a male and female youth supervision staff in the facility. At the time of this inspection, there was one female youth being housed in the Mendocino County Juvenile Hall detention facility. (E) personnel with primary responsibility for other Lexipol Policy 201.3.1 – Other Staff Positions 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 Mendocino 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 ☐ ☐ ☒ Sections A through E does not apply to this each 10 youth in detention; facility. (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 Mendocino County Juvenile Hall is not a (A) during the hours that youth are awake, one Camp. Therefore, the below Camp Sections wide-awake youth supervision staff member on ☐ ☐ ☒ A through F does not apply to this facility duty for each 15 youth in the camp population; inspection report. (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; 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 5 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (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 Lexipol Policy 506 – Youth Safety Checks 0B The facility administrator shall develop and implement BSCC staff confirmed that safety checks policy and procedures that provide for direct visual were conducted per Title 15 minimum observation of youth at a minimum of every 15 minutes, standards. BSCC reviewed safety check at random or varied intervals during hours when youth documentation for April, May, and June of are asleep or when youth are in their rooms, confined in holding cells or confined to their bed in a dormitory. 2024. Supervision is not replaced, but may be supplemented To ensure consistency with compliance, by, an audio/visual electronic surveillance system ☒ ☐ ☐ BSCC discussed favorable outcomes when designed to detect overt, aggressive or assaultive behavior and to summon aid in emergencies. All safety supervisory staff regularly conduct periodic checks shall be documented with the actual time the safety check audits and provide feedback to check is completed. staff. BSCC provided technical assistance related to graveyard staff conducting random and varied safety checks. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 6 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1354.5 ROOM CONFINEMENT Lexipol Policy 601 - Room Confinement 1B Lexipol Policy 603 Temporary Room (a) The facility administrator shall develop and Confinement (TRC) implement written policies and procedures addressing the confinement of youth in their room that are BSCC reviewed policy and procedure, consistent with Welfare and Institutions Code Section interviewed detention staff, interviewed 208.3. The placement of a youth in room confinement collaborative partners, and interviewed youth shall be accomplished in accordance with the following guidelines: housed at the facility. We also reviewed examples of incident reports resulting in Temporary Room Confinement (TRC). between April, May, and June of 2024. BSCC staff found that Mendocino County YCO facility staff did not follow facility policy as it relates to assessing youth hourly to determine continued room confinement. As a result, when room confinement extended into the youths’ bedtime, the following morning, some youths ate breakfast in their rooms and ☐ ☒ ☐ some youths remained in their rooms while other youths were in school. Additionally, BSCC staff observed occurrences of youth remaining in room confinement when documentation, identified in policy to determine continued room confinement, indicated that the need for continued room confinement was no longer necessary. BSCC staff provided technical assistance that included but was not limited to, training, policy updates to ensure accountability, and best practice recommendations. The agency is actively implementing a Corrective Action Plan (CAP) to resolve the noncompliance identified. (1) Room confinement shall not be used before Lexipol Policy 601.4(a) - Separation from other, less restrictive, options have been attempted other Youths and exhausted, unless attempting those options Lexipol Policy 603 Temporary Room poses a threat to the safety or security of any youth Confinement (TRC) or staff. BSCC staff provided technical related to ensuring that the least restrictive options are ☒ ☐ ☐ exhausted and ensure the youth’s behavior meets the guidelines that determine the need for room confinement. Providing clarity in documentation will aid the facility in providing proof of practice for this regulation. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 7 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (2) Room confinement shall not be used for the Lexipol Policy 601.4(b) - Separation from purposes of punishment, coercion, convenience, or other Youths retaliation by staff. Lexipol Policy 603 Temporary Room Confinement (TRC) BSCC staff observed occurrences of youth remaining in room confinement when documentation, identified in policy to determine continued room confinement, indicated that the need for continued room confinement was no longer necessary. BSCC staff also found instances of room confinement being the initial response to a youth’s behavior when the behavior was not an immediate threat to the safety and ☐ ☒ ☐ security of staff and others. Nor was the youth’s behavior documented as being unregulated. Lastly, BSCC staff found that Mendocino County YCO facility staff did not follow facility policy as it relates to assessing youth hourly to determine continued room confinement. BSCC staff provided technical assistance by providing guidance for updating documentation to address room confinement and due process on two separate forms. We discussed that room confinement is not punishment, so due process is not required. (3) Room confinement shall not be used to the extent Lexipol Policy 601.4(c) - Separation from that it compromises the mental and physical health other Youths of the youth. ☒ ☐ ☐ Lexipol Policy 603 Temporary Room Confinement (TRC) (b) A youth may be held up to four hours in room Lexipol Policy 601.6.5(a) - Room confinement. After the youth has been held in room Confinement confinement for a period of four hours, staff shall do one Lexipol Policy 603 Temporary Room or more of the following: Confinement (TRC) In a review of policy 603 above, it may be interpreted that when a youth is placed on TRC, the youth will be in his/her confined room for an hour. BSCC provided guidance in encouraging the facility to avoid standardizing a youth’s time in TRC. Rather, ☒ ☐ ☐ incorporate language that provides flexibility to YCO staff to also make assessments and determinations during regular safety checks. The facility uses the following documentation tools to help track and log room confinement include, but are not limited to: • Temporary Room Confinement Checklist • Unit Logbook Lexipol Policy 601.4.5(a)(1) - Room Confinement (1) Return the youth to general population. ☒ ☐ ☐ Lexipol Policy 603 Temporary Room Confinement (TRC) 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 8 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS Lexipol Policy 601.4.5(a)(2) - Room (2) Consult with mental health or medical staff. ☒ ☐ ☐ Confinement (3) Develop an individualized plan that includes the Lexipol Policy 601.4.5(a)(3) - Room goals and objectives to be met in order to reintegrate Confinement the youth to general population. Lexipol Policy 603 Temporary Room Confinement (TRC) BSCC discussed favorable outcomes when ☒ ☐ ☐ policy incorporates the details and process of an individualized plan for youth that may include, but not be limited to a modified program and a process for review and approvals. (4) If room confinement must be extended beyond Lexipol Policy 601.4.5(b) - Room four hours, staff shall do each of the following: Confinement (b) (A) Document the reasons for room confinement Lexipol Policy 603 Temporary Room and the basis for the extension, the date and time Confinement (TRC) ☒ ☐ ☐ 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 Lexipol Policy 601.4.5(b)(2) - Room the goals and objectives to be met in order to Confinement integrate the youth to general population. Lexipol Policy 603 Temporary Room Confinement (TRC) BSCC discussed favorable outcomes when ☒ ☐ ☐ policy incorporates the details and process of an individualized plan for youth that may include, but not be limited to a modified program and a process for review and approvals. (C) Obtain documented authorization by the Lexipol Policy 601.4.5(b)(3) Room facility superintendent or his or her designee Confinement every four hours thereafter. ☒ ☐ ☐ Lexipol Policy 603 Temporary Room Confinement (TRC) (5) This section is not intended to limit the use of Lexipol Policy 601.1 - Room Confinement 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 Lexipol Policy 601.2 – Room Confinement court holding facilities or adult facilities. ☒ ☐ ☐ This facility is not a Court Holding Facility or an Adult Facility. (7) Nothing in this section shall be construed to Lexipol Policy 601.2 – Room Confinement conflict with any law providing greater or additional ☒ ☐ ☐ protections to youth. (8) This section does not apply during an Lexipol Policy 601.4 – Separation from Other extraordinary emergency circumstance that requires Youth 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. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 9 of 17 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 Lexipol Policy 601.4 – Separation from Other placed in a locked cell or sleeping room to treat and Youth 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 Lexipol Policy – 513 – Use of Force The facility administrator, in cooperation with the BSCC staff reviewed 10 examples of Use of responsible physician, shall develop and implement Force (UOF) Incident reports that occurred written policies and procedures for the use of force, between April, May, and June of 2024. We which may include chemical agents. Force shall never also reviewed the most recent incident that be applied as punishment, discipline, retaliation or ☒ ☐ ☐ had occurred. BSCC staff interviewed youth treatment. housed at the facility and facility detention (a) At a minimum, each facility shall develop policies and staff. We also interviewed collaborative procedures which: partners to gain further insight to confirm compliance with this regulation. (1) restricts the use of force to that which is deemed Lexipol Policy 513.3.4 – Limitations reasonable and necessary, as defined in Section 1302 Lexipol Policy 514.3 – General Requirements to ensure the safety and security of youth, staff, others and the facility. ☒ ☐ ☐ In a review of incident reports and interviews with youth, detention staff use of force that is deemed reasonable and necessary. (2) outline the force options available to staff including Lexipol Policy 513.3.1 – Factors Used for both physical and non-physical options and define Determining the Reasonableness of Force. when those force options are appropriate. MCJH force options that are allowed include, but are not limited to, the below: ☒ ☐ ☐ • Soft Hands • Chemical Agents - Oleoresin Capsicum (OC) spray • Pain compliance techniques • Physical Restraints - leg shackles and handcuffs (3) describe force options or techniques that are Lexipol Policy 513.3.3 – Restrictions on the expressly prohibited by the facility. Use of Chokehold MCJH force options that are prohibited include, but are not limited to, the below: ☒ ☐ ☐ • Choke Hold - techniques that restrict blood and or oxygen to the head or brain • Any technique not taught by a Mendocino County certified defensive tactic instructor (4) describe the requirements of staff to report any Lexipol Policy 513.3.2 – Duty to Intercede inappropriate use of force, and to take affirmative ☒ ☐ ☐ action to immediately stop it. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 10 of 17 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 Lexipol Policy 513.6 – Reporting the Use of includes time period and procedure for documenting Force and reporting the use of force, including reporting requirements of management and line staff and The above policy addresses documentation procedures for reviewing and tracking use of force reviewed by a supervisor. incidents by supervisory and or management staff, which include procedures for debriefing a particular The elements of this regulation are confirmed incident with staff and/or youth for the purposes of in the Chief Probation Officer (CPO) training as well as mitigating the effects of trauma that Appointment and Qualifications Letter, written may have been experienced by staff and /or the youth by CPO Izen Locatelli, and dated July 9, involved. 2024. A review of incident reports requested shows ☒ ☐ ☐ that MCJH documents and reports incidents in accordance with Title 15 minimum standards. BSCC staff provided technical assistance for the agency to update the incident report to include a supervisory review that confirms the occurrence of 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 the youth involved. (6) Include an administrative review and a system for Lexipol Policy 513.8 – Use of Force Review investigating unreasonable use of force. ☒ ☐ ☐ (7) define the role, notification, and follow-up Lexipol Policy 513.6 – Reporting the Use of procedures required after use of force incidents for Force medical, mental health staff and parents or legal guardians. BSCC interviewed supervisory, detention, and medical staff to help determine compliance with the elements of this regulation. ☒ ☐ ☐ BSCC staff discussed that in addition to checking a box “yes” or “no” for parent notification, the best practice effort is to indicate the name of the parent notified and the time of notification. This also provides proof of practice. (8) describe the limitations of use of force on pregnant Lexipol Policy 514.9 – Pregnant Youth 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 Lexipol Policy 513.4 – Use of Chemical option shall include policies and procedures that: Weapons (1) identify who is approved to carry and/or utilize chemical agents in the facility and the type, size and ☒ ☐ ☐ There have been no incidents involving the the approved method of deployment for those use of chemical agents during the prior six chemical agents. months of this targeted inspection year. (2) mandate that chemical agents only be used when Lexipol Policy – 513.4 – Use of Chemical there is an imminent threat to the youth’s safety or the Weapons safety of others and only when de-escalation efforts ☒ ☐ ☐ have been unsuccessful or are not reasonably possible. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 11 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (3) outline the facility’s approved methods and Lexipol Policy 513.4.1 - Limitations 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 Lexipol Policy 513.4 – Use of Chemical procedures required after use of force incidents Weapons involving chemical agents for medical, mental health ☒ ☐ ☐ staff and parents or legal guardians. (5) provide for the documentation of each incident of Lexipol Policy 513.6.1 – Required use of chemical agents, including the reasons for Notifications 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 Lexipol Policy 513.6 – Reporting the Use of require that agencies provide initial and regular training Force 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 Lexipol Policy 513.9 – Training application. ☒ ☐ ☐ (3) signs or symptoms that should result in Lexipol Policy 513.9 – Training immediate referral to medical or behavioral health. ☒ ☐ ☐ (4) instruction on the Constitutional Limitations of Lexipol Policy 513.9 – Training Use of Force. ☒ ☐ ☐ (5) physical training force options that may require Lexipol Policy 513.9 – Training the use of perishable skills. The elements of this regulation are confirmed in the Chief Probation Officer (CPO) ☒ ☐ ☐ Appointment and Qualifications Letter, written by CPO Izen Locatelli, and dated July 9, 2024. (6) timelines the facility uses to define regular Lexipol Policy 513.9 – Training training. The elements of this regulation are confirmed in the Chief Probation Officer (CPO) ☒ ☐ ☐ Appointment and Qualifications Letter, written by CPO Izen Locatelli, and dated July 9, 2024. 1361 GRIEVANCE PROCEDURE Lexipol Policy 608.3 – Access to Grievance System The facility administrator shall develop and implement written policies and procedures whereby any youth may BSCC staff reviewed youth grievances and appeal and have resolved grievances relating to any due process documentation examples for condition of confinement, including but not limited to January through July 2024. health care services, classification decisions, program ☒ ☐ ☐ 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: 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 12 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) a grievance form and instructions for registering a Lexipol Policy – 608.3 – Access to the grievance, which includes provisions for the youth to Grievance System have free access to the form; During our physical inspection, we observed that grievances were readily available to ☒ ☐ ☐ youth. In addition, grievance confidential lock boxes were in the housing pods to allow youth to confidentially submit a grievance if needed. (b) the youth shall have the option to confidentially file Lexipol Policy – 608.4 – Youth Grievance the grievance or to deliver the form to any youth Procedures supervision staff working in the facility; Lexipol Policy 602 Grievance ☒ ☐ ☐ The youth were aware of the grievance procedures, the location of the grievances, and the grievance lockbox to confidentially file a grievance if needed. (c) resolution of the grievance at the lowest appropriate Lexipol Policy 608.4 – Youth Grievance staff level; ☒ ☐ ☐ Procedures (d) provision for a prompt review and initial response to Lexipol Policy 608.4.2 – Timely Resolution of grievances within three (3) business days, grievances Grievances that relate to health and safety issues must be addressed immediately; Per policy below is the response process for grievances: • Lowest level staff/ assigned YCO discuss a resolution of grievance with the youth. • A Supervising YCO conducts a hearing with the youth within 48 ☒ ☐ ☐ hours of the grievance. • The Division Manager conducts a hearing within two business days and a resolution within three days. BSCC staff observed that grievances were responded to within two days. This is commendable. (1) The youth may elect to be present to explain Lexipol Policy 608.4.4 – State Requirements his/her version of the grievance to a person not directly involved in the circumstances which led to The youth interviewed indicated that during ☒ ☐ ☐ the grievance. the intake and orientation process, the grievance procedure was clearly explained. (2) Provision for a staff representative approved by Lexipol Policy 608.4.4 – State Requirements the facility administrator to assist the youth. ☒ ☐ ☐ (e) provision for a written response to the grievance Lexipol Policy 608.4.2 – Timely Resolution of which includes the reasons for the decisions; Grievances. ☒ ☐ ☐ The documentation as well as interviews, show that detention staff respond professionally. (f) a system which provides that any appeal of a Lexipol Policy – 608.4.3 – Appeals to grievance shall be heard by a person not directly Grievance Findings involved in the circumstances which led to the ☒ ☐ ☐ grievance; 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 13 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (g) resolution of the grievance must occur within ten (10) Lexipol Policy 608.4.2 – Timely Resolution of business days unless circumstances dictate a longer Grievances time frame. The youth shall be notified of any delay; and, ☒ ☐ ☐ The documentation as well as interviews, show that detention staff respond to and resolve grievances in a timely fashion. (h) the policy shall provide multiple internal and external Lexipol Policy 608.6 – Additional Provisions methods to report sexual abuse and sexual harassment. ☒ ☐ ☐ for Grievances Related to Sexual Abuse Whether or not associated with a grievance, concerns Lexipol Policy 608.4.4 – State Requirements. 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 Lexipol Policy 1002 – Programs, Recreation, 2B EXERCISE. and Exercise. The facility administrator shall develop and implement The facility’s policy and procedure apply to written policies and procedures for programs, recreation, and exercise for all youth. The intent is to the elements of this regulation, as required. minimize the amount of time youth are in their rooms or their bed area. ☒ ☐ ☐ BSCC reviewed the facility’s Programs, Recreation, and Exercise policy and procedure, reviewed logs, and reviewed pertinent documentation for April, May, and June of 2024. We also interviewed detention staff and interviewed youth housed at the facility Juvenile facilities shall provide the opportunity for Lexipol Policy 1002.3 – Responsibilities programs, recreation, and exercise a minimum of three hours a day during the week and five hours a day each BSCC staff was impressed with the Youth Saturday, Sunday or other non-school days, of which Success Coaches who represent Mendocino one hour shall be an outdoor activity, weather County Youth Project. The Youth Project permitting. provides two Youth Success Coaches who are on-site at the facility daily. The Youth Success Coaches conduct most of the ☒ ☐ ☐ required structured programming provided to the youth detained at the facility. BSCC provided technical assistance in discussing the importance of properly documenting the duration of programming and which youth did or did not participate in the programming. A youth’s participation in programs, recreation, and Lexipol Policy 1002.3 – Responsibilities exercise may be suspended only upon a written finding by the administrator/manager or designee that a youth There was no documentation provided to ☒ ☐ ☐ represents a threat to the safety and security of the indicate a youth’s participation in any facility. program was suspended. Such program, recreation, and exercise schedule shall Lexipol Policy 1002.3 – Responsibilities be posted in the living units. During the physical facility inspection, we ☒ ☐ ☐ observed program and recreation schedule calendars posted in the living units. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 14 of 17 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, Lexipol Policy 1000.3(j) – Juvenile Hall recreation, and exercise by the responsible agency to Division Manager Responsibilities ensure content offered is current, consistent, and relevant to the population. A letter dated June 18, 2024, and provided by John Bednar, Division Manager, confirmed ☒ ☐ ☐ that an annual review of the programs, recreation, and exercise by the responsible agency was conducted to ensure content offered is current, consistent, and relevant to the population. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 15 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (a) Programs. All youth shall be provided with the Lexipol Policy 1002 – Programs, Recreation opportunity for at least one hour of daily programming to and Exercise include, but not be limited to, trauma focused, cognitive, Lexipol Policy 1002.6 – Access to Programs evidence-based, best practice interventions that are culturally relevant and linguistically appropriate, or pro- BSCC reviewed the facility’s Programs, social interventions and activities designed to reduce Recreation, and Exercise policy and recidivism. These programs should be based on the procedure, reviewed logs, and reviewed youth’s individual needs as required by Sections 1355 pertinent documentation for April, May, and and 1356. Such programs may be provided under the June of 2024. We also interviewed detention direction of the Chief Probation Officer or the County staff and interviewed youth housed at the Office of Education and can be administered by county facility. partners such as mental health agencies, community based organizations, faith-based organizations or Programs include, but are not limited to the Probation staff. following: Programs may include but are not limited to: (1) Cognitive Behavior Interventions; • Youth Council (2) Management of Stress and Trauma; • Red Road (3) Anger Management; • Aikido (4) Conflict Resolution; • Meditation (5) Juvenile Justice System; • Emotional Resilience (6) Trauma-related interventions; • Books For Youth (7) Victim Awareness; (8) Self-Improvement; • Boys Council (9) Parenting Skills and support; • GEO Reentry Services (10) Tolerance and Diversity; • GEO Interactive Journaling Series (11) Healing Informed Approaches; (Monday & Friday Groups) (12) Interventions by Credible Messengers; • Substance Abuse Education and (13) Gender Specific Programming; Counseling (14) Art, creative writing, or self-expression; ☒ ☐ ☐ • Youth Success Coaches (15) CPR and First Aid training; • Winter and Summer Olympics (16) Restorative Justice or Civic Engagement; (17) Career and leadership opportunities; and, BSCC staff observed that the Central Control (18) Other topics suitable to the youth population. staff documents all facility movement activities including, but not limited to, the arrival and departure of programming providers. However, if a programming provider does not show up, the documentation does not show that programming occurred, nor does it show a start and end time of any programming that may have occurred. Further, it was challenging to determine if specific youth received the required programming. BSCC staff provided technical assistance to the agency that it is essential to ensure documentation provides the needed information to confirm compliance with this subsection of the regulation. Additionally, BSCC provided informational guidance in creating a form to specifically capture the requirements for this regulation. Specifically, documentation that provides program start and end times, and showing which youth received required structured programming. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 16 of 17 A453 JUV Targeted PRO eff. 1/2024 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (b) Recreation. All youth shall be provided the opportunity Lexipol Policy 1002.5 – Access to Recreation for at least one hour of daily access to unscheduled activities such as leisure reading, letter writing, and BSCC reviewed the facility’s Programs, entertainment. Activities shall be supervised and include Recreation, and Exercise policy and orientation and may include coaching of youth. procedure, reviewed logs, and reviewed ☒ ☐ ☐ pertinent documentation for April, May, and June of 2024. We also interviewed detention staff and interviewed youth housed at the facility. (c) Exercise. All youth shall be provided with the Lexipol Policy 1002.4 – Access to Exercise opportunity for at least one hour of large muscle activity each day. After a review of program activity logs, and ☒ ☐ ☐ interviews with youth housed at the facility and detention staff, Mendocino County JH meets compliance with this regulation. The administrator/manager may suspend, for a period Lexipol Policy 1002.7 – Security and not to exceed 24 hours, access to recreation and Supervision programs. The administrator/manager shall document ☒ ☐ ☐ the reasons why suspension of recreation and programs occurs. 7316 Mendocino County Juvenile Hall JH Targeted PRO 23-24 Page 17 of 17 A453 JUV Targeted PRO eff. 1/2024