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

August 5, 2021 Don Barnes, Sheriff Orange County Sheriff’s Department Central Justice Center 700 Civic Center Drive West Suite M-100 Santa Ana, CA 92701 RE: 2020-2022 TARGETED INSPECTION OF ORANGE COUNTY SHERIFF’S DEPARTMENT JAILS PC §6031 Dear Sheriff Barnes, On April 7, 2021, the Board of State and Community Corrections (BSCC) received correspondence from the ACLU of Southern California regarding meal delivery service within the Orange County Sheriff’s Department (OCSD) jails. In their correspondence, the ACLU indicated that that the agency was in violation of California Code of Regulations, Title 15 sections listed below: Title 15 § 1072 Religious Diets Title 15 § 1240 Frequency of Serving Title 15 § 1248 Medical Diets On April 7, BSCC staff contacted OCSD staff to discuss the above-referenced correspondence. During this conversation, OCSD staff verbally advised that there had been no interruption to the provision of medical or religious diets; however, hot food was not currently being offered. OCSD staff informed BSCC staff that they were working on incorporating hot meal items into their daily meal service. Based upon the information that the OCSD provided, on April 16, 2021, the BSCC notified that the OCSD jails were out of compliance with Title 15 § 1240 Frequency of Serving, due to the lack of hot food being served. BSCC staff also informed the agency that BSCC would conduct a targeted inspection to verify compliance with the above-referenced Title 15 regulations in accordance with the BSCC Enhanced Inspection Process. On May 10, 2021 the agency provided a corrective action plan, notifying BSCC staff that they have had no interruption to the provision of medical or religious diets and that hot meal items have been incorporated into breakfast and dinner meal service. 3480+ Orange Targeted II LTR 20-22 Sheriff Barnes Orange County Sheriff’s Department Page 2 On June 21 and 22, 2021, the BSCC conducted an onsite, targeted inspection to verify compliance with the appropriateness of meal service. During this inspection, BSCC staff reviewed menus, spoke with Orange County cooks, nutritionists, and inmates, and observed on site meal service. BSCC staff were able to confirm that the above corrective action related to Title 15 § 1240 Frequency of Serving had been implemented and that the agency is currently in compliance with Title 15 § 1072 Religious Observances and Title 15 § 1248 Medical Diets. Please reference the attached procedures checklist for detail related to our findings. This concludes the 2020-2022 targeted inspection for the Orange County Sheriff’s Department. I would like to express our gratitude to the OCSD and your staff for responding to and addressing the above referenced areas of regulations in a prompt manner. We look forward to working with you in the future to provide support and technical assistance. Should have any questions, please contact me at (916) 322-8081 or email at kim.moule@bscc.ca.gov. Sincerely, KIMBERLY MOULE, CJM Field Representative Facilities Standards and Operations Division Enclosures: cc: Presiding Judge Orange County* Chair, Board of Supervisors, Orange County* County Administrator, Orange County* Assistant Sheriff Joe Balicki Captain Martin Ramirez Captain James Peak Captain Victor Pablo Administrative Managers Rod De Bolt and Randy Johnson 3480+ Orange Targeted II 20-22 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 Targeted Inspection Checklist BSCC Code: 3480 3490 3500 3560 FACILITY NAME: Orange County Sheriff’s Department F A C ILITIES TYPE: II Orange County Central Jails and the Theo Lacy Jail Facility PERSON(S) INTERVIEWED: Assistant Sheriff Joe Balicki, Captain Martin Ramirez, Captain James Peak, Captain Victor Pablo, Lieutenant Vanessa Anderson, Administrative Managers Rod De Bolt and Randy Johnson, Nutritionist Helen Wong, Head Cooks Thomas Jackson and John Burns and several inmate kitchen/food handling workers. FIELD REPRESENTATIVE: Kimberly Moule and Dale Miller DATE: June 21-22, 2021 COMMENTS TARGETED INSPECTION TITLE 15 SECTION YES NO N/A COMMENTS 1072 RELIGIOUS OBSERVANCES Title 15 § 1072 Religious Observances On April 16, 2021, the agency notified the BSCC that they have not On April 7, 2021, the Board of State and interrupted religious observances as it The facility administrator of a Type I, II, III Community Corrections (BSCC) received or IV facility shall develop written policies relates to meal service. an inquiry from the ACLU regarding meal and procedures to provide opportunities for delivery service in the Orange County On June 21-22, 2021, BSCC Staff inmates to participate in religious services, Sheriff’s Department jails. The inquiry visited both the Orange County practices, and counseling on a voluntary specifically stated that the agency was in Central Jail Kitchen and Theo Lacy basis. violation of the above listed Title 15, Facility Kitchen. Both facilities were ☒ ☐ ☐ preparing dinner at the time of the California Code of Regulations Minimum visits. While onsite, BSCC staff were Standard. able verify that religious meals were being planned for, prepared, and served without interruption. BSCC staff were able to speak with the nutritionist, kitchen staff workers and inmates that verified the uninterrupted service of religious meals. 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 4 for the complete list and text of regulations. 1 3480+ Orange Targeted II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) 1240. FREQUENCY OF SERVING Title 15 § 1240 Frequency of Serving On April 16, 2021 the agency notified the BSCC that they have incorporated hot meal item to their meal service In Temporary Holding, Type I, II, and III On April 7, 2021, the Board of State and delivery for breakfast and dinner facilities, and those Type IV facilities Community Corrections (BSCC) received meals. where food is served, food shall be served an inquiry from the ACLU regarding meal three times in any 24-hour period. At least delivery service in the Orange County one of these meals shall include hot food. Sheriff’s Department jails. The inquiry On June 21-22, 2021, BSCC Staff specifically stated that the agency was in visited both the Orange County Central Jail Kitchen and Theo Lacy violation of the above listed Title 15, Facility Kitchen. BSCC Staff California Code of Regulations Minimum reviewed menus and viewed the meals Standard. being served. A hot meal item was being served with breakfast and dinner After speaking with orange county sheriff’s meals. office staff, they advised that there had been an interruption to the service of hot meal ☒ ☐ ☐ items due to the spread of COVID-19 within BSCC staff were able to verify that hot meal items are being served during their jail system and the lack of kitchen daily breakfast and dinner meal workers as a direct impact. service. This was confirmed by The agency advised that they have worked speaking with the County cooks, diligently with their civilian food service nutritionist, and inmate workers. The provider to reinstate hot meal items, above referenced meal services were observed by BSCC staff and corrective however, each attempt has been met with action was verified. additional cases of the COVID-19 Virus being identified. The agency advised that they are currently working to develop a remedy to reinstate the service of hot meal items and will advise once this has been accomplished. 2 3480+ Orange Targeted II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22) 1248. MEDICAL DIETS Title 15 § 1248 Medical Diets On April 16, 2021 the agency notified the BSCC that they have not The responsible physician, in consultation On April 7, 2021 the Board of State and interrupted meal service as it related to with the facility administrator, shall Community Corrections (BSCC) received medical diets. develop written policies and procedures an inquiry from the ACLU regarding meal On June 21-22, 2021, BSCC Staff that identify the individual(s) who are delivery service in the Orange County visited both the Orange County authorized to prescribe a medical diet. The Sheriff’s Department jails. The inquiry Central Jail Kitchen and Theo Lacy medical diets utilized by a facility shall be specifically stated that the agency was in Facility Kitchen. BSCC Staff viewed planned, prepared, and served with violation of the above listed Title 15, the list of prescribed medical diets consultation from a registered dietitian. The ☒ ☐ ☐ California Code of Regulations Minimum submitted by Correctional Health facility manager shall comply with any Standard. Services. Additionally, the medical medical diet prescribed for an inmate. diet menu prepared by the facility medical director in coordination with the nutritionist was reviewed and dated September 2020. Finally, BSCC Staff verified through interviews with correctional health personnel that medical prescription meals are updated twice daily. 3 3480+ Orange Targeted II PRO 20-22 A 353 Type II III PRO v.1 eff 1.1.19 (20-22)