Yolo Probation (2023-2024 inspection cycle)

December 14, 2023 Dan Fruchtenicht, Chief Probation Officer Yolo County Probation Department 2780 E. Gibson Road Woodland, CA 95776 2023-2024 UNANNOUNCED INSPECTION, WELFARE & INSTITUTIONS CODE SECTIONS 209 & 885, YOLO COUNTY PROBATION DEPARTMENT DETENTION FACILITY Dear Chief Fruchtenicht: The 2023-2024 Unannounced Inspection of the Yolo County Probation Department has been completed. The following facility was inspected on Wednesday, November 15, 2023: FACILITY NAME BSCC # FACILITY TYPE Yolo Juvenile Detention Center 7743 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 for Section 1328 Safety Checks, Section 1354.5 Room Confinement, and Section 1357 Use of Force. INSPECTION RESULTS The inspection consisted of a site visit, documentation review, and interviews with facility staff and youth. 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, November 15, 2023; 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. Sincerely, Dan Fruchtenicht, Chief Probation Officer Page 2 SHAY MOLENNOR Field Representative Facilities Standards and Operations Division Enclosures Cc: Presiding Judge, Yolo County Juvenile Court* Chair, Juvenile Justice Commission, Yolo County* Chair, Board of Supervisors, Yolo County* County Administrator, Yolo County* Oscar Ruiz, Superintendent (electronic copy) Melissa Elliot, Supervisor (electronic copy) *Copies of the inspection are available upon request or online at www.bscc.ca.gov. 7743 Yolo Probation JH LTR 23-24 JUVENILE HALLS, SPECIAL PURPOSE JUVENILE HALLS AND CAMPS Board of State and Community Corrections PROCEDURES CHECKLIST 1, 2 BSCC Code: 7743 FACILITY NAME: Yolo County Juvenile Detention Facility FACILITY TYPE: JH PERSON(S) INTERVIEWED: Melissa Elliott-Supervising Detention Officer, J. Conwell-Supervising Detention Officer, J. Sanchez-Detention Officer II, 5 male youth ages, 20, 19, 18, 17 and 13 FIELD REPRESENTATIVE: Shay Molennor DATE: November 15, 2023 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1328 SAFETY CHECKS Article 3, Section 1328: Safety Checks The facility administrator shall develop and implement The facility utilizes Guard1 Plus to record policy and procedures that provide for direct visual safety checks. BSCC staff reviewed safety observation of youth at a minimum of every 15 checks for August, September, and October minutes, at random or varied intervals during hours 2023. This included the Supervisor Room when youth are asleep or when youth are in their Check Quality Assurance Review form. The rooms, confined in holding cells or confined to their graveyard supervisor reviews shift safety bed in a dormitory. Supervision is not replaced, but checks to ensure they are random and may be supplemented by, an audio/visual electronic varied. The reports pulled allow the surveillance system designed to detect overt, supervisor to easily review the safety checks aggressive or assaultive behavior and to summon aid for any patterns or discrepancies. The in emergencies. All safety checks shall be ☒ ☐ ☐ agency conducts video review to address documented with the actual time the check is discrepancies as part of the quality completed. assurance review. The shift supervisor conducts two random audits per shift. BSCC staff interviewed staff regarding the facility’s procedures as to room checks. The officer discussed the importance of room checks and making sure they were random and varied. The documentation reviewed affirmed the agency is in compliance with this regulation. 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 Local 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 use with the 2023 Unannounced Inspection of the Yolo County Juvenile Hall. 7743 Yolo Probation Juvenile Hall JH PRO 23-24 Page 1 of 5 A453 JUV PRO eff. 1/2019 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1354.5 ROOM CONFINEMENT Section 1354.5: Room Confinement (a) The facility administrator shall develop and Since the last inspection in July 2023, the implement written policies and procedures facility has had no instances of Temporary addressing the confinement of youth in their room Room Confinement. that are consistent with Welfare and Institutions Code Section 208.3. The placement of a youth in Staff special incident reports involving use of room confinement shall be accomplished in force documents staff efforts to utilize accordance with the following guidelines: different areas of the facility to de-escalate the youth and safely re-integrate back with other youth in lieu of using room confinement. Interviews with staff indicate the use of room confinement is rarely used. Staff stated they will utilize the space of the facility and the ☒ ☐ ☐ availability of other staff to help separate youth and de-escalate safety and security issues. Interviews with youth reveal, if an incident occurs, staff will take a youth to another location to talk with them about the issue. These locations include the recreation yard, library, classroom, or another pod. One youth who was involved in a fight indicated staff didn’t place them in their room but took them to a classroom and talked with them about their decisions and how to make better choices. The agency is in compliance with this regulation. (1) Room confinement shall not be used before other, Section 1354.5 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 Section 1354.5 purposes of punishment, coercion, convenience, or ☒ ☐ ☐ retaliation by staff. (3) Room confinement shall not be used to the extent Section 1354.5 that it compromises the mental and physical health of ☒ ☐ ☐ the youth. (b) A youth may be held up to four hours in room Section 1354.5 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. ☒ ☐ ☐ Section 1354.5 2) Consult with mental health or medical staff. ☒ ☐ ☐ Section 1354.5 (3) Develop an individualized plan that includes Section 1354.5 the goals and objectives to be met in order to ☒ ☐ ☐ reintegrate the youth to general population. (4) If room confinement must be extended beyond Section 1354.5 ☒ ☐ ☐ four hours, staff shall do each of the following: (A) Document the reasons for room confinement Section 1354.5 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. 7743 Yolo Probation Juvenile Hall JH PRO 23-24 Page 2 of 5 A453 JUV PRO eff. 1/2019 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (B) Develop an individualized plan that includes the Section 1354.5 goals and objectives to be met in order to integrate ☒ ☐ ☐ the youth to general population. (C) Obtain documented authorization by the facility Section 1354.5 superintendent or his or her designee every four hours ☒ ☐ ☐ thereafter. (5) This section is not intended to limit the use of Section 1354.5 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 Section 1354.5 ☒ ☐ ☐ court holding facilities or adult facilities. (7) Nothing in this section shall be construed to Section 1354.5 conflict with any law providing greater or additional ☒ ☐ ☐ protections to youth. (8) This section does not apply during an Section 1354.5 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 placed Section 1354.5 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 Article 5, Section 1357: Use of Force The facility administrator, in cooperation with the BSCC staff reviewed 3 incidents which responsible physician, shall develop and implement occurred on the same day and all of which written policies and procedures for the use of force, involved one youth engaging in assaultive which may include chemical agents. Force shall never and threatening behavior to other youth. The be applied as punishment, discipline, retaliation or facility has not had any other use of force treatment. incidents since the last inspection in July (a) At a minimum, each facility shall develop policies 2023 outside of these incidents. In and procedures which: discussion with staff, the youth who was involved was having a difficult time due to an upcoming court hearing. None of the ☒ ☐ ☐ incidents resulted in chemical agents or room confinement. Interviews with youth affirm use of force incidents seldom occur and staff always intervene to de-escalate issues. A consensus among all youth interviewed is they feel safe in the facility and know staff work to keep them and other youth safe. The facility is in compliance with this regulation. 7743 Yolo Probation Juvenile Hall JH PRO 23-24 Page 3 of 5 A453 JUV PRO eff. 1/2019 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (1) restricts the use of force to that which is deemed Section 1357 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 Section 1357 including both physical and non-physical options ☒ ☐ ☐ and define when those force options are appropriate. (3) describe force options or techniques that are Section 1357 ☒ ☐ ☐ expressly prohibited by the facility. (4) describe the requirements of staff to report Section 1357 any inappropriate use of force, and to take ☒ ☐ ☐ affirmative action to immediately stop it. (5) define a standardized reporting format that Section 1357 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 Section 1357 system for investigating unreasonable use of ☒ ☐ ☐ force. (7) define the role, notification, and follow-up Section 1357 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 Section 1357 pregnant 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 Section 1357 option shall include policies and procedures that: (1) identify who is approved to carry and/or The facility had no use of force incidents utilize chemical agents in the facility and the ☒ ☐ ☐ involving chemical agents since the last type, size and the approved method of inspection in July 2023. Interviews with deployment for those chemical agents. facility staff as to policies and procedures affirm compliance with this regulation. (2) mandate that chemical agents only be used Section 1357 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 Section 1357 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 Section 1357 procedures required after use of force incidents ☒ ☐ ☐ involving chemical agents for medical, mental health staff and parents or legal guardians. 7743 Yolo Probation Juvenile Hall JH PRO 23-24 Page 4 of 5 A453 JUV PRO eff. 1/2019 (23-24).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS (5) provide for the documentation of each Section 1357 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 Section 1357 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 Section 1357 conditions that would contraindicate certain ☒ ☐ ☐ types of force; (2) acceptable chemical agents and the Section 1357 methods of application. ☒ ☐ ☐ (3) signs or symptoms that should result in Section 1357 immediate referral to medical or behavioral ☒ ☐ ☐ health. (4) instruction on the Constitutional Limitations of Section 1357 ☒ ☐ ☐ Use of Force. (5) physical training force options that may Section 1357 ☒ ☐ ☐ require the use of perishable skills. (6) timelines the facility uses to define regular Section 1357 ☒ ☐ ☐ training. 7743 Yolo Probation Juvenile Hall JH PRO 23-24 Page 5 of 5 A453 JUV PRO eff. 1/2019 (23-24).dot