Trinity County (2020-2022 inspection cycle)

February 1, 2021 Tim Saxon, Sheriff Trinity County Sheriff’s Office 101 Memorial Drive Weaverville, CA 96093 2020-2022 TARGETED INSPECTION OF TRINITY COUNTY SHERIFF’S OFFICE, TRINITY COUNTY JAIL, PENAL CODE 6031 Dear Sheriff Saxon: On October 20, 2020 staff of the Board of State and Community Corrections (BSCC) conducted a targeted inspection of the Trinity County Jail. Pursuant to Penal Code Section 6031, this inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15, California Code of Regulations (CCR). Our targeted inspection was limited to only those Title 15 regulations that were found out of compliance during our 2018/2020 Biennial Inspection. Please note that we will return to complete the comprehensive 2020/2022 Biennial Inspection prior to December 31, 2022. The complete BSCC inspection report is enclosed and consists of this transmittal letter and the targeted sections Title 15. Refer to the Title 15 Targeted Checklist for indication of compliance status and evidence used to determine compliance. BSCC INSPECTION Title 15, Targeted CCR Inspection: Our evaluation consisted of reviewing only those targeted policies and procedures related specifically to the applicable regulations included in Title 15, CCR.1 The inspection consisted of a review of the Trinity County Sheriff’s Office Custody Services Manual and sections of the Trinity County Sheriff’s Office Policy Manual that apply to Jail Operations and were found to have items of non-compliance in the 2018/2020 biennial inspection. Specific items reassessed in this targeted inspection included: 1 BSCC does not review all policies and procedures. We do not “approve” policies and procedures, nor do we review them for constitutional or legal issues. We recommend agencies seek review through their legal advisor, risk manager and other persons deemed appropriate. 5820 Trinity County Jail; Targeted Inspection 20-22 Sheriff Saxon Trinity County Sheriff’s Office Page 2 Section §1027 Number of Personnel Section §1027.5 Safety Checks Section §1029 Policy and Procedures Manual Section §1056 Use of Sobering Cell Section §1058 Use of Restraint Devices Sections §1027.5, §1029, and §1058 have all been corrected and were not identified to have items of non-compliance during this targeted inspection. These remaining items of noncompliance were identified as not being corrected during the targeted inspection or within 90 days following up to the assessment: Title 15, Section 1027, Number of Personnel: A sufficient number of personnel shall be employed in each local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. A review of the staffing plan indicated that authorized staffing does not account for adequate backfill for during long-term absences. A review of safety checks identified that there are times when there are not adequate personnel on duty to conduct safety checks. Title 15, Section 1056, Use of the Sobering Cell: The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Additionally, at 12 hours from the time of placement, all inmates will receive an evaluation by responsible health care staff. Because the facility lacks a safety cell and has only one sobering cell, inmates that are violent or need extended separation are left in the cell past the six hours. Others who are intoxicated are placed in a visitation room without toilet or wash basin. Please refer to the Targeted Procedures Checklist for detailed information. CORRECTIVE ACTION PLAN The Trinity County Jail management developed and submitted a corrective action plan for both items. Due to their nature, these items will take an extended period, beyond 90 days, to bring into compliance. The number of personnel is being addressed by receiving authorization for additional positions and through aggressive recruitment. Additionally, the item identified under the use of the sobering cell will be addressed by the completion and opening of a new facility, which is currently under construction and is anticipated to open in March 2021. In the interim, 5820 Trinity County Jail; Targeted 20-22 Sheriff Saxon Trinity County Sheriff’s Office Page 3 staff is limiting the use of the sobering cell to six hours and documenting all necessary uses of the cell that is not in keeping with its intended use. This concludes our targeted inspection of the Trinity County Jail Facility. We would like to express our gratitude to Undersheriff Bryan Ward, Jail Commander Ryan Lynn, and Mr. Peter Braga for their assistance, preparation and actions in response to the findings of this targeted inspection. We look forward to working with you in the future to provide technical assistance during the opening of the new facility. If you should have any questions, please contact me at (916) 323-2613 or email at dale.miller@bscc.ca.gov Sincerely, Digitally signed by Dale A. Dale A. MillerMiller Date: 2021.02.01 16:18:16 -08'00' DALE MILLER Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, Board of Supervisors, Trinity County* Presiding Judge, Superior Court, County of Trinity* County Administrator, Trinity County* Grand Jury Foreman, Superior Court, Trinity County* Ryan Lynn, Jail Commander, Trinity County Sheriff’s Office (Electronic Copy) * Complete copies of this inspection are available upon request and at www.bscc.ca.gov 5820 Trinity County Jail; Targeted 20-22 TYPE II AND III FACILITIES Board of State and Community Corrections PROCEDURES1 2020-2022 Targeted Inspection Checklist BSCC Code: 5820 FACILITY NAME: Trinity County Detention Facility FACILITY TYPE: II PERSON(S) INTERVIEWED: Undersheriff Bryan Ward, Sergeant Ryan Lynn, and Mr. Peter Braga FIELD REPRESENTATIVE: Dale Miller DATE: October 6, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027 NUMBER OF PERSONNEL During short periods of time, the number of Correctional Officers drops to one person in the Jail Facility. When this occurs, the facility A sufficient number of personnel shall be employed in each ☐ ☒ ☐ number of trained staff to handle emergencies. local detention facility to ensure the implementation and operation of the programs and activities required by these regulations. Whenever there is an inmate in custody, there shall be at TCSO CSM 312.2 Minimum Training: All least one employee on duty at all times in a local detention individuals working in the Jail have facility or in the building which houses a local detention ☒ ☐ ☐ successfully completed the core course or are facility who shall be immediately available and accessible to under direct supervision of a fully trained inmates in the event of an emergency. correctional officer. Such an employee shall not have any other duties which TCSO CSM 204.3 Supervision of Inmates: would conflict with the supervision and care of inmates in Staff should not be assigned duties that could ☒ ☐ ☐ the event of an emergency. conflict with the supervision of inmates Whenever one or more female inmates are in custody, there TCSO CSM 204.3 Supervision of Inmates: shall be at least one female employee who shall be When both male and female inmates are held at immediately available and accessible to such females. this facility, a minimum of one male and one Note: Reference PC§ 4021. female correctional officer should always be on-duty in the facility. ☒ ☐ ☐ At times, the agency is unable to maintain a female staff employee on duty when there is a female in custody. When this occurs, the agency is out of compliance with Title 15 CCR, 1027. To determine if there is a sufficient number of personnel for TCSO CSM 202.7 Staffing Plan: The staffing a specific facility, the facility administrator shall prepare and plan should include a comprehensive list of all retain a staffing plan indicating the personnel assigned in the positions in this facility. facility and their duties. Such a staffing plan shall be Each position has a descriptive job title that is ☒ ☐ ☐ reviewed by the Board staff at the time of their biennial associated with a description of the position's inspection. The results of such a review and duties and responsibilities. recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility. 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. 5820 Trinity County Ti (20-22) - 1 - A353 Type 2&3 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS 1027.5 SAFETY CHECKS TCSO CSM 508 Inmate Safety Checks: Staff shall conduct safety checks at least every 60 Safety checks shall be conducted at least hourly through ☒ ☐ ☐ minutes. direct visual observation of all inmates. There shall be no BSCC Staff reviewed more than a 60-minute lapse between safety checks. There is a written plan that includes the documentation of TSCO CSM 508.3 Safety Checks ☒ ☐ ☐ routine safety checks. 1029 POLICY AND PROCEDURES MANUAL 2 The TCSO CSM was reviewed and updated March 2020. The manual is available to all employees. Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and ☒ ☐ ☐ procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees. 1056 USE OF SOBERING CELL TCSO CSM 538 Safety and Sobering Cells: Used as an initial sobering place for arrestees or inmates who are a threat to their own safety or The sobering cell described in Title 24, Part 2, Section the safety of others as result of being 1231.2.4, shall be used for the holding of inmates who are a intoxicated. threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and The BSCC review of persons being placed in procedures developed by the facility administrator. ☐ ☒ ☐ the sobering cell found that some were not intoxicated. Because the facility does not have a Safety Cell, the single Sobering Cell is used to hold inmates that maybe a threat to their own safety. Construction of a new facility with a safety cell is underway and is scheduled to open spring of 2021. Such inmates shall be removed from the sobering cell as TCSO CSM 538.4 (d) they are able to continue in the processing. ☒ ☐ ☐ In no case shall an inmate remain in a sobering cell over six TCSO CSM 538.4 (c) hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical ☒ ☐ ☐ procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. At 12 hours from the time of placement, all inmates will TCSO CSM 538 ☒ ☐ ☐ receive an evaluation by responsible health care staff. Intermittent direct visual observation of inmates held in the TCSO CSM 538.4 (b): A safety check sobering cell shall be conducted no less than every half hour. consisting of direct visual observation that is Such observation shall be documented. sufficient to assess the inmate’s well-being and ☒ ☐ ☐ behavior shall occur at least once every 15 minutes. BSCC staff review of random check logs found that visual observations were. 1058 USE OF RESTRAINT DEVICES TCSO CSM 524 Use of 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. 2 Procedures related to security and emergency response may be in a separate manual to ensure confidentiality by limiting general access. 5820 Trinity County Ti (20-22) - 2 - A353 Type 2&3 PRO eff. 1/2019 (18-20).dot TITLE 15 SECTION YES NO N/A P/P REFERENCE – COMMENTS In addition to the areas specifically outlined in this TCSO CSM 524.1.1 Definitions regulation, at a minimum, the policy shall address the ☒ ☐ ☐ following areas: acceptable restraint devices; signs or symptoms which should result in immediate TCSO CSM 524.3 (f) ☒ ☐ ☐ medical/mental health referral; Availability of cardiopulmonary resuscitation equipment; TCSO CSM 524.7 Availability of ☒ ☐ ☐ Cardiopulmonary Resuscitation Equipment protective housing of restrained persons; TCSO CSM (d) ☒ ☐ ☐ TCSO CSM 524.8 Restrained Inmate Holding provision for hydration and sanitation needs; and ☒ ☐ ☐ TCSO CSM 524.6 Food and Hydration exercising of extremities. ☒ ☐ ☐ TCSO CSM 524.5 Range of Motion In no case shall restraints be used for punishment or as a TCSO CSM 524.2 Policy: Restraints shall substitute for treatment. ☒ ☐ ☐ never be used for retaliation or as punishment. TCSO CSM 524.3(a) Restraint devices shall only be used on inmates who display TCSO CSM 524.2 Policy: It is the policy that behavior which results in the destruction of property or restraints shall be used only to prevent self- reveal an intent to cause physical harm to self or others. injury, injury to others or property damage. 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 TCSO CSM 524.3 Use of Restraints – Control: of the facility manager, the facility watch commander, Needs updated to one hour ☒ ☐ ☐ responsible health care staff; continued retention shall be reviewed a minimum of every hour. A medical opinion on placement and retention shall be TCSO CSM 524.3 Use of Restraints – Control: ☒ ☐ ☐ secured within one hour from the time of placement. Needs updated to one hour A medical assessment shall be completed within four hours TCSO CSM 524.3 Use of Restraints needs ☒ ☐ ☐ of placement. updated to four hours If the facility manager, or designee, in consultation with TCSO CSM 524.3 (i) responsible health care staff determines that an inmate cannot be safely removed from restraints after eight hours, ☒ ☐ ☐ the inmate shall be taken to a medical facility for further evaluation. Direct visual observation shall be conducted at least twice TCSO CSM 524.3 (f) every thirty minutes to ensure that the restraints are properly BSCC staff reviewed the single incident of a ☒ ☐ ☐ employed, and to ensure the safety and well-being of the use of the restraint chair. The report and checks inmate. Such observation shall be documented. were in compliance with applicable standards. While in restraint devices all inmates shall be housed alone TCSO CSM 524.3 (d) 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 handcuffs, shackles or other restraint devices when used to ☒ ☐ ☐ restrain inmates for security reasons. 5820 Trinity County Ti (20-22) - 3 - A353 Type 2&3 PRO eff. 1/2019 (18-20).dot Initial Inspection Report 2020-2022 Biennial Inspection Cycle Date of Exit Briefing: 11/3/2020 Type of Inspection: Targeted County: Trinity Facility Name: Trinity County Adult Detention Facility BSCC #: 5820 BSCC Type: II Facility Representatives: Undersheriff Bryan Wood, Sergeant Ryan Lynn, Mr. Pete Braga BSCC Field Representative: Dale Miller Corrective Action Plan Required? YES DATE CAP DUE TO BSCC: 12/3/2020 Current Items of Noncompliance Title 15. Section Description A review of the staffing plan indicated that authorized staffing does not account for adequate backfill for during long-term absences. A review of safety checks identified that there are times when there are not adequate personnel on duty to conduct safety checks. § 1027. Number of Personnel Since the 18/20 biennial inspection, the department has female custody staff available for each shift and has received four (4) additional funded positions. Four (4) personnel are in training, and there is an active recruitment to fill vacancies. Testing will take place in November. Because the facility lacks a safety cell and has only one sobering cell, inmates that are violent or need extended separation are left in the cell past the six hours. Others who are intoxicated are placed in a § 1056. Use of Sobering Cell visitation room without toilet or wash basin. A new Trinity County Jail is under construction with an anticipated opening date of March 2021. This facility adds a safety cell and additional holding. Trinity Initial Inspection Report 11-3-2020t: Target 2/2/21 IIR v1. 10.29.20 Trinity County Initial Inspection Report Page 2 Technical Assistance Provided On October 6, 2020, BSCC staff walked through the current construction site of the new facility, which is currently at approximately 70% complete. This construction is a SB 863 Adult Local Criminal Justice Facility Project and is designed to increase the county’s rated capacity from 53 to 72. This new facility will help correct the item of noncompliance with Section 1056 and other physical plant regulations Additionally, BSCC staff, with the Jail Administration, reviewed updates and changes to the current facility’s policies and procedures since the 18/20 inspection. Corrective actions were confirmed, and recommendations were provided for revisions to operations in the current facility. Additional Information All items identified in the 18-20 Inspection cycle have either been corrected or will be corrected with completion facility and hiring of the additional funded personnel. Trinity Initial Inspection Report 11-3-2020t: Target 2/2/21