Imperial County, Detention Facilities Targeted (2020-2022 inspection cycle)

March 29, 2021 Raymond Loera, Sheriff Imperial County Sheriff’s Office 328 Applestill Road El Centro, CA 92243 Dear Sheriff Loera: 2020-2022 TARGETED INSPECTION OF THE IMPERIAL COUNTY SHERIFF’S OFFICE JAILS AND COURT HOLDING FACILITIES, PENAL CODE 6031 On March 16 and 17, 2021, the Board of State and Community Corrections (BSCC) staff conducted a targeted inspection of the following Imperial County Sheriff’s Office Jails and Court Holding Facilities: Regional Adult Facility Herbert Hughes Correctional Center Oren Fox Detention Center El Centro Court Holding Brawley Court Holding The targeted inspection was to determine compliance with Minimum Standards for Local Detention Facilities as outlined in Title 15, California Code of Regulations. Specifically, section 1027.5 Safety Checks was identified in the 2018-2020 biennial BSCC inspection as noncompliant. Included with this letter is the 2020-2022 Targeted Inspection Procedures Checklist which identifies the areas of noncompliance. The noncompliance stemmed from the inability to verify that safety checks were completed as stated within Title 15 at the Regional Adult Facility, the Herbert Hughes Correctional Center and the Oren Fox Detention Center: “The department uses a handheld electronic device to conduct safety checks. A sampling of safety checks was reviewed by BSCC staff through the documentation provided by the agency. The documentation disclosed safety checks throughout the facilities were not being routinely completed within the required 60-minute time frame of this regulation. The agency was found to be noncompliant with this regulation.” 0880+ Imperial II CH Target LTR 20-22 Sheriff Loera March 29, 2021 Page 2 The same issue of noncompliance was found to be also located at the El Centro Court Holding and the Brawley Court Holding: “During the physical inspection of the court facilities, BSCC staff was informed there was no documentation for hourly safety checks in the court holding area due to correctional staff being in the holding cell area. BSCC staff observed a log posted on the outside of the holding cell documenting the cell was occupied and checked when the inmates arrived, but no hourly safety checks were documented. Therefore, the agency is noncompliant with this regulation.” BSCC staff provided technical assistance and discussed the importance These issues were addressed separately since the jails use a hand-held electronic device of having safety check logs. The agency said they will correct the issue. to conduct safety checks and the courts utilize direct visual observation followed by hand- BSCC staff will conduct a follow up in late 2019 to evaluate the written documentation. agency’s progress. In Octobe r 2020 Chief Garcia provided samples of safety checks that, after review, showed a significant improvement in obtaining safety checks within the 60-minute time frame. A few weeks later, a Zoom meeting followed the review of safety checks that included C hief Garcia and several Operation Lieutenants. The goal of the meeting was to determine what was needed for a safety check to be completed. Review of Title 15, Section 1027.5, Safety Checks was conducted and how a more complete record or safety checks could be accomplished. In January 2021, I received another sampling of safety checks from the jails and found these to show an increased improvement over the samples obtained in October. A targeted site visit was completed on March 16 and 17, 2021 to verify if the changes made to the safety check method were continuing. After reviewing over 17,000 safety checks made between January 2021 and February 2021 the BSCC has determined that the Imperial County Sheriff’s Office is currently compliant with Title 15, Section 1027.5 Safety Checks for all jail facilities. Changes were also made to the Court Holding Facilities. Safety checks at the courts was affected by the COVID-19 pandemic. The California Judicial Counsel mandated that all hearings are not held in person and were done remotely by video. This meant that inmates were not transported to the courts and remained in the jails. Recently the Judicial Counsel allowed in-person hearings to resume for inmates. Transportation deputies were escorting inmates into the court room, remaining with them and providing written documentation on safety checks. At the time of the Targeted Inspection, safety check logs were found on each cell in the court holding areas. The safety check logs were daily logs which had field entries for the 0880+ Imperial II CH Target LTR 20-22 Sheriff Loera March 29, 2021 Page 3 Date, Time Arrived, Time Departed, Number of Inmates, Observation and the initial of the officer conducting the safety check. Due to the provisional logs maintained by the Transportation officers and the observation of the logs on each cell holding room, I found both courts to be compliant with Section 1027.5 Safety Check Regulation. However, I will follow-up prior to the end of this cycle to verify that the documentation continues. This concludes the 2020-2022 Targeted Inspection Report. If you should have any questions, please contact me at (916) 324.1914 or by email at tim.mcwilliams@bscc.ca.gov. Sincerely, TIM MCWILLIAMS Field Representative Facilities Standards and Operations Division Enclosures cc: Michael W. Kelley, Chair, Imperial County Board of Supervisors* County Administrator, Imperial County* Presiding Judge, Superior Court, County of Imperial* Grand Jury Foreperson, Superior Court, County of Imperial* Sgt. James Vooris (electronic copy) * Complete copies of this inspection are available at www.bscc.ca.gov 0880+ Imperial II CH Target LTR 20-22 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES Targeted Inspection Checklist BSCC Code: 0880 FACILITY NAME: Imperial County Adult Regional Jail FACILITY TYPE: II PERSON(S) INTERVIEWED: Sergeant James Vooris FIELD REPRESENTATIVE: Tim McWilliams DATE: 03/16/21 TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS 1027.5 SAFETY CHECKS 505-1 Security Checks ICSOCBPPM 505 Security: Security Checks 106.1 I Minimum Staffing The enhanced inspection began prior to the Safety checks shall be conducted at least The department uses a handheld electronic actual visit. Through Zoom meetings and hourly through direct visual observation device to conduct safety checks. A sampling of telephone calls technical assistance was of all inmates. There shall be no more than safety checks was reviewed by BSCC staff provided on how to conduct security checks and a 60-minute lapse between safety checks. through the documentation provided by the to utilize the electronic security check tool so agency. The documentation disclosed safety that a more complete record of safety checks checks throughout the facilities were not being was provided. Initial reviews in January of 2021 routinely completed within the required 60- provided early indication that the changes made minute time frame of this regulation. The to the reporting of safety checks was positive. agency was found to be noncompliant with this Another review was made in early March 2021 ☒ ☐ ☐ regulation. and the reports showed that the successful early indication of the changes continued. An on-site inspection was conducted on March 16, 2021 and another review of the safety checks was performed and facility staff were interviewed on how safety checks were performed and the time constraints surrounding the safety checks. All personnel answered questions accurately and maintained direct communication with the inmates. At the time of inspection, this regulation was compliant with this regulation. Another review will be made prior to the end of this inspection cycle. There is a written plan that includes the 505-1 Security Checks ICSOCBPPM 505 Security: Security Checks documentation of routine safety checks. ☒ ☐ ☐ 0880 Imperial Adult Regional II Targeted PRO 20-22 - 1 - A353 Type 2&3 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES Targeted Inspection Checklist BSCC Code: 0900 FACILITY NAME: Imperial County Herbert Hughes Correctional Center FACILITY TYPE: II PERSON(S) INTERVIEWED: Sergeant James Vooris FIELD REPRESENTATIVE: Tim McWilliams DATE: 03/16/21 TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS 1027.5 SAFETY CHECKS 505-1 Security Checks ICSOCBPPM 505 Security: Security Checks 106.1 I Minimum Staffing The enhanced inspection began prior to the Safety checks shall be conducted at least The department uses a hand held electronic actual visit. Through Zoom meetings and hourly through direct visual observation device to conduct safety checks. A sampling of telephone calls technical assistance was of all inmates. There shall be no more than safety checks was reviewed by BSCC staff provided on how to conduct security checks and a 60-minute lapse between safety checks. through the documentation provided by the to utilize the electronic security check tool so agency. The documentation disclosed safety that a more complete record of safety checks checks throughout the facilities were not being was provided. Initial reviews in January of 2021 routinely completed within the required 60- provided early indication that the changes made minute time frame of this regulation. The to the reporting of safety checks was positive. agency was found to be noncompliant with this Another review was made in early March 2021 ☒ ☐ ☐ regulation. and the reports showed that the successful early indication of the changes continued. An on-site inspection was conducted on March 16, 2021 and another review of the safety checks was performed and facility staff were interviewed on how safety checks were performed and the time constraints surrounding the safety checks. All personnel answered questions accurately and maintained direct communication with the inmates. At the time of safety checks were compliant with this regulation. Another review will be made prior to the end of this inspection cycle. There is a written plan that includes the 505-1 Security Checks ICSOCBPPM 505 Security: Security Checks documentation of routine safety checks. ☒ ☐ ☐ 0900 Imperial Herbert Hughes II Targeted PRO 20-22 - 1 - A353 Type 2&3 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES Targeted Inspection Checklist BSCC Code: 0905 FACILITY NAME: Imperial County Oren Fox Detention Center FACILITY TYPE: II PERSON(S) INTERVIEWED: Sergeant James Vooris FIELD REPRESENTATIVE: Tim McWilliams DATE: 03/16/21 TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS 1027.5 SAFETY CHECKS 505-1 Security Checks ICSOCBPPM 505 Security: Security Checks 106.1 I Minimum Staffing The enhanced inspection began prior to the Safety checks shall be conducted at least The department uses a hand held electronic actual visit. Through Zoom meetings and hourly through direct visual observation device to conduct safety checks. A sampling of telephone calls technical assistance was of all inmates. There shall be no more than safety checks was reviewed by BSCC staff provided on how to conduct security checks and a 60-minute lapse between safety checks. through the documentation provided by the to utilize the electronic security check tool so agency. The documentation disclosed safety that a more complete record of safety checks checks throughout the facilities were not being was provided. Initial reviews in January of 2021 routinely completed within the required 60- provided early indication that the changes made minute time frame of this regulation. The to the reporting of safety checks was positive. agency was found to be noncompliant with this Another review was made in early March 2021 ☒ ☐ ☐ regulation. and the reports showed that the successful early indication of the changes continued. An on-site inspection was conducted on March 16, 2021 and another review of the safety checks was performed and facility staff were interviewed on how safety checks were performed and the time constraints surrounding the safety checks. All personnel answered questions accurately and maintained direct communication with the inmates. At the time of safety checks were compliant with this regulation. Another review will be made prior to the end of this inspection cycle. There is a written plan that includes the 505-1 Security Checks ICSOCBPPM 505 Security: Security Checks documentation of routine safety checks. ☒ ☐ ☐ 0905 Imperial Oren Fox II Targeted PRO 20-22 - 1 - A353 Type 2&3 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES Targeted Inspection Checklist BSCC Code: 0915 FACILITY NAME: Imperial County El Centro Court Holding FACILITY TYPE: CH PERSON(S) INTERVIEWED: Sergeant James Vooris FIELD REPRESENTATIVE: Tim McWilliams DATE: 03/17/21 TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS 0915 Imperial El Centro CH Targeted PRO 20-22 - 1 - A353 Type 2&3 1027.5 SAFETY CHECKS 1413 Court Transportation ICSOCBPPM 505 Security: Security Checks 505 Security Checks Section 16 Log Book The enhanced inspection began prior to the Safety checks shall be conducted at least actual visit. Through zoom meetings and hourly through direct visual observation During the physical inspection of the court telephone calls technical assistance was of all inmates. There shall be no more than facilities, BSCC staff was informed there was provided on how to conduct security checks and a 60-minute lapse between safety checks. no documentation for hourly safety checks in to utilize the electronic security check tool so the court holding area due to correctional staff that a more complete record of safety checks being in the holding cell area. BSCC staff was provided. Due to COVID-19 and the observed a log posted on the outside of the California Judicial Counsels move to not have holding cell documenting the cell was occupied in-person court hearings limited the Imperial and checked when the inmates arrived, but no County Sheriff’s Office from utilizing the hourly safety checks were documented. improved safety check method. For this court Therefore, the agency is noncompliant with this holding area the method of safety check is regulation. performed in person and not by electronic ☒ ☐ ☐ verification. Recently, the courts started to BSCC staff provided technical assistance and gradually begin to have some in-person discussed the importance of having safety appearances. Inmates were not held in the court check logs. The agency said they will correct holding cells but were supervised while in the the issue. BSCC staff will conduct a follow up courtroom. Though the Transportation staff in in late 2019 to evaluate the agency’s progress. the room at all time with the inmates, they continued to document safety checks, normally every thirty minutes. Additionally, at the time of inspection a Holding Cell Log Sheet that includes the date, court, time arrived, time departed, officers, number of inmates, observations and officers’ initials was on each of the holding cells. At the time of inspection, this regulation was compliant with this regulation. Another review will be made prior to the end of this inspection cycle. There is a written plan that includes the 1413 Court Transportation ICSOCBPPM 505 Security: Security Checks documentation of routine safety checks. ☒ ☐ ☐ 505- Security Checks 0915 Imperial El Centro CH Targeted PRO 20-22 - 2 - A353 Type 2&3 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES Targeted Inspection Checklist BSCC Code: 0970 FACILITY NAME: Imperial County Brawley Muni Court Holding FACILITY TYPE: CH PERSON(S) INTERVIEWED: Sergeant James Vooris FIELD REPRESENTATIVE: Tim McWilliams DATE: 03/17/21 TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS 1027.5 SAFETY CHECKS 1413 Court Transportation ICSOCBPPM 505 Security: Security Checks 505 Security Checks Section 16 Log Book The enhanced inspection began prior to the Safety checks shall be conducted at least actual visit. Through zoom meetings and hourly through direct visual observation During the physical inspection of the court telephone calls technical assistance was of all inmates. There shall be no more than facilities, BSCC staff was informed there was provided on how to conduct security checks and a 60-minute lapse between safety checks. no documentation for hourly safety checks in to utilize the electronic security check tool so the court holding area due to correctional staff that a more complete record of safety checks being in the holding cell area. BSCC staff was provided. Due to COVID-19 and the observed a log posted on the outside of the California Judicial Counsels move to not have holding cell documenting the cell was occupied in-person court hearings limited the Imperial and checked when the inmates arrived, but no County Sheriff’s Office from utilizing the hourly safety checks were documented. improved safety check method. For this court Therefore, the agency is noncompliant with this holding area the method of safety check is regulation. performed in person and not by electronic ☒ ☐ ☐ verification. Recently, the courts started to BSCC staff provided technical assistance and gradually begin to have some in-person discussed the importance of having safety appearances. Inmates were not held in the court check logs. The agency said they will correct holding cells but were supervised while in the the issue. BSCC staff will conduct a follow up courtroom. Though the Transportation staff in in late 2019 to evaluate the agency’s progress. the room at all time with the inmates, they continued to document safety checks, normally every thirty minutes. Additionally, at the time of inspection a Holding Cell Log Sheet that includes the date, court, time arrived, time departed, officers, number of inmates, observations and officers’ initials was on each of the holding cells. At the time of inspection, this regulation was compliant with this regulation. Another review will be made prior to the end of this inspection cycle. 0970 Imperial Brawley CH Targeted PRO 20-22 - 1 - A353 Type 2&3 There is a written plan that includes the 1413 Court Transportation ICSOCBPPM 505 Security: Security Checks documentation of routine safety checks. ☒ ☐ ☐ 505- Security Checks 0970 Imperial Brawley CH Targeted PRO 20-22 - 2 - A353 Type 2&3