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

March 12, 2021 Paul Miyamoto, Sheriff City and County of San Francisco Sheriff's Department 1 Carlton B. Goodlett Place, Room 456 San Francisco, CA 94102 2020-2022 TARGETED INSPECTION OF SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT DETENTION FACILITIES, PENAL CODE 6031 Dear Sheriff Miyamoto: On February 16, 2021, BSCC staff conducted an onsite 2020-2022 Targeted Inspection of Jail #2 and Jail #5 (Renamed to Jail #3 on 9/5/2021) detention facilities to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. Captain McConnell and Sergeant Mankin-Rice provided BSCC staff with documentation to review. During the Targeted Inspection, BSCC staff conducted an unannounced inspection of a Jail #2 housing module to verify compliance and interview persons incarcerated. The Targeted Inspection's focus was to verify your agency's corrective actions for noncompliance issues from your 2018-2020 Biennial Inspection Report. In September of 2020, your agency notified BSCC of the closure of Jail #4 and the renaming of Jail #5 to Jail #3. During the Targeted Inspection, BSCC staff did not review noncompliance issues related explicitly to Jail #4 due to the facility's permanent closure. BSCC staff noted five noncompliant issues for Jails #2 and Jail #3 (Formerly Jail #5) for the Targeted Inspection. The majority of the noncompliance issues were due to out-of-date policies. Upon final review of all documentation and the unannounced module visit during the onsite inspection, we found the remaining items of noncompliance with Title 15: Jail #2 Title 15, Section 1032 Fire Suppression Preplanning: On the day of inspection, the facility was noncompliant with this regulation due to not being able to provide BSCC staff with the documentation for monthly fire prevention inspections by facility staff. Jail #3 (Formerly Jail #5) Title 15, Section 1058 Use of Restraint Devices: BSCC staff was provided the agency's policy and related reports for the use of restraints during the Targeted Inspection. During the review, BSCC staff determined the agency is noncompliant with this regulation due to the policy and reports not having language requiring the continued retention be reviewed at a minimum of every hour for persons in a restraint chair. 4630+ San Francisco Co Targeted Inspection 20-22 Sheriff Paul Miyamoto San Francisco County Page 2 BSCC staff provided technical assistance to the agency to update their policy, forms, and staff training to incorporate this regulation's requirement of continued retention by reviewed at a minimum of every hour. (Please refer to the Procedures Checklist for evidence used to determine compliance and noncompliance.) BSCC staff provided your agency with an Initial Inspection Report on February 19, 2021, outlining your two remaining noncompliance issues for the jail and due date of March 22, 2021, for the Enhanced Inspection Process Corrective Action Plan. On March 10, 2021, BSCC staff received your agency Corrective Plan (CAP) letter detailing your staff's steps to correct the two outstanding noncompliance issues. BSCC staff will be conducting a follow-up onsite Targeted Inspection before May 9, 2021. This concludes the 2020-2022 Targeted Inspection report. If you should have any questions, please contact me by email at steven.wicklander@bscc.ca.gov. Sincerely, STEVEN WICKLANDER Field Representative Facilities Standards and Operations Division Enclosures cc: Kevin McConnell, Captain, San Francisco County Sheriff Office (electronic copy sent) Presiding Judge, San Francisco County * Grand Jury, San Francisco County * Chair, Board of Supervisors, San Francisco County * County Administrator, San Francisco County * * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 4630+ San Francisco Co Targeted Inspection 20-22 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 Targeted Inspection Checklist BSCC Code: 4630 FACILITY NAME: San Francisco Sheriff Jail #2 FACILITY TYPE: II PERSON(S) INTERVIEWED: Captain K. McConnel and Sergeant R. Mankin-Rice FIELD REPRESENTATIVE: Steven Wicklander DATE: 2/16/2021 CORRECTIVE ACTION / TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 During the on-site Targeted Inspection, Facility administrator(s) shall develop and publish a the agency's representatives provided manual of policy and procedures for the facility. The BSCC staff with documentation policy and procedures manual shall address all applicable annotating the facility has completed a Title 15 and Title 24 regulations and shall be review of their policies and procedures comprehensively reviewed and updated at least every two During the desk audit it was determined from 2020 through 2021. years. Such a manual shall be made available to all County Jail #2 Operational Manual was employees. noncompliant with this regulation due to the BSCC staff determined the agency is in ☒ ☐ ☐ manual not being comprehensively reviewed compliance with this regulation. The policies and procedures required in subsections (a)(6) and updated at least every two years as and (a)(7) may be placed in a separate manual to ensure required by this regulation 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: 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. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4630 San Francisco County Jail #2 Targeted Inspection PRO 20-22 - 1 - A353 Type 2&3 PRO eff. 1/2019 (18-20) CORRECTIVE ACTION / TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS COMMENTS Each facility administrator shall, at least annually, review, evaluate, and make a record of security measures. The During the on-site Targeted Inspection, review and evaluation shall include internal and external the agency's representatives provided security measures of the facility including security BSCC staff with documentation measures specific to prevention of sexual abuse and sexual On the day of inspection, the facility could not annotating the facility has conducted a harassment. provide BSCC staff with the required review and evaluation that included documentation in this regulation for internal and external security measures ☒ ☐ ☐ conducting an annual security review to of the facility, including security evaluate and make a record of security measures specific to the prevention of measures. sexual abuse and sexual harassment. BSCC staff determined the agency is in compliance with this regulation. 1032 FIRE SUPPRESSION PREPLANNING During the on-site Targeted Inspection, (b) regular fire prevention inspections by facility staff on a the agency's representatives provided monthly basis with two-year retention of the inspection BSCC staff with limited documentation record; for fire prevention inspections by the facility. Due to the limited monthly fire prevention documentation, BSCC staff determined the agency is noncompliant with this regulation. Not able to provide BSCC staff with ☐ ☒ ☐ documentation for monthly fire prevention Captain McConnell informed BSCC inspections by facility staff. staff that they are currently training facility staff as Fire Marshalls to conduct monthly fire safety checks. Captain McConnell said he would be providing BSCC staff with the training documentation during the Enhanced Inspection Process requiring a Corrective Action Plan. 4630 San Francisco County Jail #2 Targeted Inspection PRO 20-22 - 2 - A353 Type 2&3 PRO eff. 1/2019 (18-20) 1065 EXERCISE AND RECREATION In response to the COVID-19 pandemic, and in accordance with federal, state, and local public health guidance and (a) The facility administrator of a Type II or III facility directives, on March 6, 2020, through shall develop written policies and procedures for an February 5, 2021, the San Francisco exercise and recreation program in an area designed for County Sheriff's Office requested recreation, which will allow a minimum of three hours of emergency suspension of standards in exercise distributed over a period of seven days. Such their local detention facility for this regulations as are reasonable and necessary to protect the regulation. The BSCC Chair, Linda facility's security and the inmates' welfare shall be Penner, has reviewed their request for included in such a program. In Type IV facilities, such a suspension of standards and plans to program can be either in-house or provided through access mitigate the impact of the suspension. to the community. Chair Penner granted the San Francisco County Sheriff's Office request for Emergency Suspension of Standards pursuant to Title 15, Section 1012, Emergency Suspension of Standards. To mitigate the approved suspension of standards for the recreation yard, the The facility only offering the inmates exercise agency has provided housing modules and recreation in one three-hour block per with exercise bikes and push-up/pull week. This does not meet the requirements of stations in the dayrooms. The facility is ☒ ☐ ☐ this regulation of having three hours of also offering yoga and high-intensity exercise and recreation distributed over a training three times a week in the period of seven days. woman's incarcerated housing area. During the on-site Targeted Inspection, BSCC staff conducted an unannounced on-site visit to the woman's housing area. During the visit, BSCC staff observed the exercise equipment and interviewed persons incarnated and determined the agency is providing alternatives for exercise. Before the on-site Targeted Inspection, the agency submitted documentation and updated recreation yard tracking forms from November 2019 through March 2020 for BSCC staff to review. The documentation provided to BSCC staff was before the agency was approved for Title 15, Section 1012, Emergency Suspension of Standards. During the review of documentation, BSCC staff determined the agency is in compliance 4630 San Francisco County Jail #2 Targeted Inspection PRO 20-22 - 3 - A353 Type 2&3 PRO eff. 1/2019 (18-20) CORRECTIVE ACTION / TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS COMMENTS with this regulation by offering persons incarcerated a minimum of three hours of exercise distributed over a period of seven days. The updated recreation includes a policy stating, "All inmates shall be offered 3 hours of recreation a week in 1.5 hours increments. Check-in with Watch Commander. Provide form to Supervisor for Signature". BSCC staff will conduct follow-up reviews during the 2020/2022 inspection cycle. NOTES: The agency provided a Corrective Action Plan (CAP) on March 10, 2021 to adrress the noncompliance issue. 4630 San Francisco County Jail #2 Targeted Inspection PRO 20-22 - 4 - A353 Type 2&3 PRO eff. 1/2019 (18-20) TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 Targeted Inspection Checklist BSCC Code: 4665 FACILITY NAME: San Francisco Sheriff Jail #5 (Renamed to Jail #3 on 9/5/2021) FACILITY TYPE: II PERSON(S) INTERVIEWED: Captain K. McConnel and Sergeant R. Mankin-Rice FIELD REPRESENTATIVE: Steven Wicklander DATE: 2/16/2021 CORRECTIVE ACTION / TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS COMMENTS 1029 POLICY AND PROCEDURES MANUAL 2 The agency completed a full review and Facility administrator(s) shall develop and publish a update of all current Department Policies manual of policy and procedures for the facility. The and Procedures on January 19, 2020. policy and procedures manual shall address all applicable This review will be ongoing due to the Title 15 and Title 24 regulations and shall be agency is currently transitioning all comprehensively reviewed and updated at least every two During the desk audit it was determined the policies to the LEXIPOL Platform. years. Such a manual shall be made available to all agency was noncompliant with this regulation employees. because the SFSO Department Policy & The Custody Division conducted a ☒ ☐ ☐ Procedure Manual and the Custody Operations comprehensive review and update of the The policies and procedures required in subsections (a)(6) Division Policy & Procedure Manual were not Custody Operations Division Policy & and (a)(7) may be placed in a separate manual to ensure comprehensively reviewed and updated at Procedure Manual that began on October confidentiality. Subsections c and d do not apply and have least every two years. 12, 2020 and was completed on February been deleted. 7, 2021. (a) The manual for Temporary Holding, Type I, II, and BSCC staff determined the agency is III facilities shall provide for, but not be limited to, the compliant with the requirements of this following: 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 4 for the complete list and text of regulations. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 4665 San Francisco County Jail #5 Targeted Inspection PRO 20-22 - 1 - A353 Type 2&3 PRO eff. 1/2019 (18-20) CORRECTIVE ACTION / TITLE 15 SECTION YES NO N/A 18/20 NONCOMPLIANCE COMMENTS COMMENTS 1058 USE OF RESTRAINT DEVICES Policy CODM4.16 Restraint Inmates shall be placed in restraints only with the approval BSCC staff was provided the agency's of the facility manager, the facility watch commander, policy and related reports for the use of responsible health care staff; continued retention shall be restraints devices during the on-site reviewed a minimum of every hour. Targeted Inspection. During the review, BSCC staff determined the agency is noncompliant with this regulation due to the policy and reports not having language or documentation requiring the continued retention be reviewed at a BSCC staff determined the agency is minimum of every hour for persons in a noncompliant with this regulation. The reports restraint chair. did not document the current regulation requiring continued retention for placements in ☐ ☒ ☐ BSCC staff provided technical assistance restraints to be reviewed a minimum of every to the agency by informing them they hour. Technical assistance was provided to should update their restraint policy, have the agency's policy updated and provide forms, and staff training to incorporate training to staff. this regulation's requirement of continued retention by reviewed at a minimum of every hour. Captain McConnell informed BSCC staff that he will be submitting a new policy as soon as practical for approval and will provide the BSCC with the new policy, updated form, and staff training when it has been approved. NOTES: The agency provided a Corrective Action Plan (CAP) on March 10, 2021 to address the noncompliance issue. 4665 San Francisco County Jail #5 Targeted Inspection PRO 20-22 - 2 - A353 Type 2&3 PRO eff. 1/2019 (18-20)