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

April 6, 2021 Manuel Perez, Director Department of Correction, Madera County 14191 Road 28 Madera, CA 93638 2020-2022 TARGETED INSPECTION OF MADERA COUNTY DEPARTMENT OF CORRECTIONS JAIL FACILITY Dear Dir. Perez, On December 29, 2020, BSCC conducted a Targeted Inspection of the jail facility to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. During our onsite Targeted Inspection BSCC staff determined the following noncompliance items have been corrected: Title 15, Section 1029. Policy and Procedures Manual Title 15, Section 1058. Restraints Devices Two noncompliance issues remained: Title 15, Section 1027.5. Safety Checks: Safety checks exceeded the 60-minute requirement. Title 15, Section 1055. Use of Safety Cell: Direct observation logs indicated that two checks every thirty minutes were not occurring. Please refer to the Procedures Checklist for evidence used to determine compliance and noncompliance. On January 20, 2021 your agency provided a Corrective Action Plan and documentation to correct your outstanding noncompliance issues. The Enhanced Inspection Process provides your agency sixty days (March 22, 2021) to correct your noncompliance issues from the date you submitted your Corrective Action Plan. 2985 Madera DOC II LTR 20-22 Manuel Perez, Director P a g e | 2 On March 18, 2021, Lt. Followill provided BSCC staff with electronic observation logs from January through March 18, 2021. After completing the review of each observation log, BSCC staff determined that the agency is compliant with the two remaining noncompliance issues. hourly safety checks and for safety cells. This concludes our targeted inspection of the Madera Jail Facility. We would like to express our gratitude to Lieutenants Chris Rodriguez and Jim Followill for their assistance, preparation and actions in response to the findings of this targeted inspection. We look forward to continuing working with you and your staff in the future. If you should have any questions, please contact me at (916) 956-5968 or email at michael.bush@bscc.ca.gov. Sincerely, MICHAEL J. BUSH Field Representative Facilities Standards and Operations Division Enclosures cc: Chairperson, Board of Supervisors, County of Madera* Chief Administrative Officer, County of Madera* Presiding Judge, Superior Court, County of Madera* Grand Jury Foreman, Superior Court, County of Madera* Chris Rodriquez, Lieutenant, Department of Corrections *Copies of report can be access via BSCC website. 2985 Madera DOC II LTR 20-22 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES Targeted Inspection Checklist BSCC Code: 2985 FACILITY NAME: Madera Department of Corrections Jail FACILITY TYPE: II PERSON(S) INTERVIEWED: Lieutenant Chris Rodriquez FIELD REPRESENTATIVE: Michael J. Bush DATE: 03/22/2021 TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS 1027.5 SAFETY CHECKS Policy # 09-12 Inmate Counts and Security Checks Safety checks shall be conducted at least hourly through ☒ ☐ ☐ direct visual observation of all inmates. There shall be no more than a 60-minute lapse between safety checks. 2985 Madera DOC II PRO 20-22 - 1 - A353 Type 2&3 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS There is a written plan that includes the documentation of Policy # 09-12 Inmate Counts and Security Policy # 09-12 Inmate Counts and Security routine safety checks. Checks Checks A sampling of safety checks was reviewed. The agency provided BSCC staff with Several housing pods documented observations electronic observation logs from January logs continues to exceed the required time. through March 18, 2021. After completing the review, BSCC staff determined that the agency is currently compliant with hourly safety checks. ☒ ☐ ☐ 1029 POLICY AND PROCEDURES MANUAL All policy citations refer to the Madera The agency has updated and revised their Departmental Policy and Procedures Manual policy manual to include missing Title 15 (DPPM). regulation standards. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and The agency is currently reviewing and updating procedures manual shall address all applicable Title 15 and their policy manual. There are areas noted in Title 24 regulations and shall be comprehensively reviewed this checklist which indicate policy conflict and updated at least every two years. Such a manual shall be with regulation, or policies yet incomplete. made available to all employees. ☒ ☐ ☐ The policies and procedures required in subsections (a)(6) and (a)(7) may be placed in a separate manual to ensure confidentiality. Subsections c and d do not apply and have been deleted. (a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following: 2985 Madera DOC II PRO 20-22 - 2 - A353 Type 2&3 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS (1) Table of organization, including channels of 01-03 Table of Organization ☒ ☐ ☐ communications. (2) Inspections and operations reviews by the facility 09-01 Security Inspections ☒ ☐ ☐ administrator/manager. (3) Policy on the use of force. ☒ ☐ ☐ 09-10 Use of Force and Restraints (4) Policy on the use of restraint equipment, including the 09-10 Use of Force and Restraints restraint of pregnant inmates as referenced in Penal Code ☒ ☐ ☐ Section 3407. (5) Procedure and criteria for screening newly received 02-06 Inmate Release inmates for release per Penal Code sections 849(b)(2) and ☒ ☐ ☐ 853.6, and any other such processes as the facility administrator is empowered to use. (6) Security and control including: ☒ ☐ ☐ 09-12 Inmate Counts and Security Checks physical counts of inmates, ☒ ☐ ☐ 02-01 Intake/Searches searches of the facility and inmates, ☒ ☐ ☐ 02-01 Intake/Searches contraband control, and, ☒ ☐ ☐ 09-06 Control of Contraband key control. ☒ ☐ ☐ 09-07 Key Control and Inventory Each facility administrator shall, at least annually, review, 01-04 Overall Facility Performance; Assistant evaluate, and make a record of security measures. The review Director to prepare annual report and evaluation shall include internal and external security ☒ ☐ ☐ measures of the facility including security measures specific to prevention of sexual abuse and sexual harassment. (7) Emergency procedures include: (A) fire suppression preplan as required by section 1032 of ☒ ☐ ☐ these regulations; (B) escape, disturbances, and the taking of hostages; 10-07 Escapes ☒ ☐ ☐ 10-10 Disturbance/Riot 10-09 Hostage Plan (C) mass arrests; ☒ ☐ ☐ 10-05 Bomb Threat Explosion (D) natural disasters; ☒ ☐ ☐ 10-04 Earthquake Plan (E) periodic testing of emergency equipment; and, This is the responsibility of the Department of ☒ ☐ ☐ Corrections maintenance staff. (F) storage, issue, and use of weapons, ammunition, chemical 10-08 Armory and Weapons ☒ ☐ ☐ agents, and related security devices. (8) Suicide Prevention. ☒ ☐ ☐ 8-05 Suicide Prevention (9) Segregation of Inmates. 02-03 Classification/Administrative ☒ ☐ ☐ Segregation (10) Zero tolerance in the prevention of sexual abuse and 08-06 PREA Sexual Misconduct and Abuse ☒ ☐ ☐ sexual harassment. 2985 Madera DOC II PRO 20-22 - 3 - A353 Type 2&3 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS (11) Policy and procedure to detect, prevent, and respond to retaliation against any staff or inmate after reporting any ☒ ☐ ☐ abuse. (e) The manual for Temporary Holding, Court Holding, Type I, II, III, and IV facilities shall provide for, but not be limited to, the following: (1) multiple internal ways for inmates to privately report ☒ ☐ ☐ sexual abuse and sexual harassment, retaliation by other inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, (2) a method for uninvolved inmates, family, community members, and other interested third-parties to report sexual ☒ ☐ ☐ abuse or sexual harassment. The method for reporting shall be publicly posted at the facility. 1046 DEATH IN CUSTODY 08-02 Death in Custody 08-02 Death in Custody Need to add policy language “initial review of (a) Death in Custody Reviews for Adults and Minors. every in-custody death within 30 days. Section policy have been revised to include current title 15 language. The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures ☒ ☐ ☐ to ensure that there is an initial review of every in-custody death within 30 days. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or ☒ ☐ ☐ practices are warranted; and to identify issues that require further study. (b) Death of a Minor Minors are not held at this facility. Minors are not held at this facility. In any case in which a minor dies while detained in a jail, ☐ ☐ ☒ lockup, or court holding facility: (1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under ☐ ☐ ☒ Government Code Section 12525. A copy of the report shall be submitted within 10 calendar days after the death. (2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant ☐ ☐ ☒ to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. 2985 Madera DOC II PRO 20-22 - 4 - A353 Type 2&3 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS 1055 USE OF SAFETY CELL 09-15 Safety Cell The safety cell described in Title 24, Part 2, Section Events are logged on the Safety Cell Placement ☒ ☐ ☐ 1231.2.5, shall be used to hold only those inmates who and Check Log display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician. In no case shall the safety cell be used for punishment or as ☒ ☐ ☐ a substitute for treatment. An inmate shall be placed in a safety cell only with the County retention review require four hours The policy manual was updated to include new approval of the facility manager or designee, or responsible instead of eight hours, (Policy language) regulation language. ☒ ☐ ☐ health care staff; continued retention shall be reviewed a minimum of every four hours. A medical assessment shall be completed within a maximum Medical/mental health opinion/consult require The policy manual was updated to include new of 12 hours of placement in the safety cell or at the next daily ☒ ☐ ☐ within 12 hours instead of 24 hours), (Policy regulation language. sick call, whichever is earliest. language) The inmate shall be medically cleared for continued Medical and mental health assessments occur ☒ ☐ ☐ retention every 24 hours thereafter. no less than daily. The facility manager, designee or responsible health care Watch commander reviews each commitment staff shall obtain a mental health opinion/consultation with during each eight-hour shift. ☒ ☐ ☐ responsible health care staff on placement and retention, which shall be secured within 12 hours of placement. Direct visual observation shall be conducted at least twice Observation logs outside the required time 09-10 Use of Force and Restraints every thirty minutes. Such observation shall be documented. limits (2 x 30). Logs showed several checks being conducted outside the required time. The agency provided BSCC staff with electronic restraints observation logs from ☒ ☐ ☐ January through March 18, 2021. After completing the review, BSCC staff determined that the agency is currently compliant with conducting direct visual observation checks at least twice every thirty minutes. Procedures shall be established to assure administration of Hydration and food offers are noted on logs. ☒ ☐ ☐ necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be Generally, a safety smock is always provided. provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable ☒ ☐ ☐ risks to the inmate's safety or to the security of the facility are documented. 2985 Madera DOC II PRO 20-22 - 5 - A353 Type 2&3 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS 1058 USE OF RESTRAINT DEVICES 09-10 Use of Force and Restraints The facility administrator, in cooperation with the responsible physician, shall develop written policies and ☒ ☐ ☐ procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a responsible health care staff. In addition to the areas specifically outlined in this 09-10 Use of Force and Restraints regulation, at a minimum, the policy shall address the (Restraint chair). ☒ ☐ ☐ following areas: acceptable restraint devices; signs or symptoms which should result in immediate 09-10 Use of Force and Restraints ☒ ☐ ☐ medical/mental health referral; availability of cardiopulmonary resuscitation equipment; ☒ ☐ ☐ protective housing of restrained persons; 09-10 Use of Force and Restraints ☒ ☐ ☐ Inmates placed into restraints would be housed in the Safety cell. provision for hydration and sanitation needs; and 09-10 Use of Force and Restraints Intake officers will ensure that water is offered ☒ ☐ ☐ to any inmate housed in a safety cell in restraints at least twice every hour whenever the inmate is awake. exercising of extremities. 09-10 Use of Force and Restraints Policy states “intake officers will ensure that ☒ ☐ ☐ any inmate housed in a safety cell in restraints will be given the opportunity to exercise his/her extremities at least once an hour…” In no case shall restraints be used for punishment or as a 09-10 Use of Force and Restraints ☒ ☐ ☐ substitute for treatment. 2985 Madera DOC II PRO 20-22 - 6 - A353 Type 2&3 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS CORRECTIVE ACTION / COMMENTS Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ☒ ☐ ☐ ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Inmates shall be placed in restraints only with the approval 09-10 Use of Force and Restraints 09-10 Use of Force and Restraints of the facility manager, the facility watch commander, responsible health care staff; continued retention shall be Facility watch commander and the responsible The agency provided BSCC staff with reviewed a minimum of every hour. ☒ ☐ ☐ health care staff retention review logs did not electronic restraints observation logs. After meet the one-hour retention review. completing the review, BSCC staff determined that the agency to be compliant with medical retention within the one-hour time frame. A medical opinion on placement and retention shall be 09-10 Use of Force and Restraints ☒ ☐ ☐ secured within one hour from the time of placement. A medical assessment shall be completed within four hours 09-10 Use of Force and Restraints ☒ ☐ ☐ of placement. If the facility manager, or designee, in consultation with 09-10 Use of Force and Restraints responsible health care staff determines that an inmate This review is typically performed by medical cannot be safely removed from restraints after eight hours, ☒ ☐ ☐ staff. the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice 09-10 Use of Force and Restraints every thirty minutes to ensure that the restraints are properly ☒ ☐ ☐ employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone 09-10 Use of Force and Restraints or in a specified housing area for restrained inmates which ☒ ☐ ☐ makes provisions to protect the inmate from abuse. The provisions of this section do not apply to the use of 09-10 Use of Force and Restraints handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ restrain inmates for security reasons. 2985 Madera DOC II PRO 20-22 - 7 - A353 Type 2&3 PRO eff. 1/2019 (18-20).dot