Board of State and Community Corrections

Community Corrections in California: A Report on the 2023-2024 Biennial Inspection Cycle Legislative Report Pursuant to Section 6031.2 of the Penal Code Page | 3 BOARD OF STATE AND COMMUNITY CORRECTIONS Board Members* Chair, Board of State and Community Corrections Linda M. Penner The Chair of the Board is a full-time paid position appointed by the Governor and subject to Senate Confirmation Secretary, CA Dept. of Corrections and Rehabilitation (CDCR) Jeffrey Macomber Director, Adult Parole Operations, CDCR Bryan Bishop County Sheriff Eric Taylor A sheriff in charge of local detention facility with a BSCC rated capacity of 200 inmates San Benito County or less appointed by the Governor and subject to Senate confirmation County Sheriff Vacant A sheriff in charge of local detention facility with a BSCC rated capacity of more than 200 inmates appointed by the Governor and subject to Senate confirmation County Supervisor Vacant A county supervisor or county administrative officer appointed by the Governor subject and to Senate confirmation County Chief Probation Officer Kirk Haynes A chief probation officer from a county with a population over 200,000 appointed by Fresno County the Governor and subject to Senate confirmation County Chief Probation Officer Jennifer Branning A chief probation officer from a county with a population under 200,000 appointed by Lassen County the Governor and subject to Senate confirmation Retired Judge Honorable Janet Gaard A judge appointed by the Judicial Council of California Yolo County Chief of Police and Emergency William Scott Management A chief of police appointed by the Governor and subject to Senate confirmation County of Los Angeles Metropolitan Transportation Community Provider Scott Budnick A community provider of rehabilitative treatment or services for adult offenders Founder of the Anti-Recidivism appointed by the Speaker of the Assembly Coalition Community Provider Angeles D. Zaragoza A community provider or advocate with expertise in effective programs, policies and Los Angeles Room and Board treatment of at-risk youth and juvenile offenders appointed by the Senate Committee on Rules Public Member - Office of Public Safety Accountability Norma Cumpian A public member appointed by the Governor and subject to Senate confirmation Anti-Recidivism Coalition BSCC Staff Executive Director (Acting) Aaron R. Maguire Chief Deputy Director/ General Counsel Vacant Communications Director Jana Sanford-Miller Deputy Director Standards and Training for Corrections Division Kasey Warmuth Deputy Director Facility and Standards Operation Division Steven Wicklander (Acting) *Board member composition is pursuant to Penal Code 6025 Page | 4 Local Corrections in California: A Report on the 2023-2024 Biennial Inspection Cycle INTRODUCTION Penal Code section 6031.2 requires the Board of State and Community Corrections (BSCC) to submit, by the end of even-numbered years, a report to the Legislature showing the results of its biennial facility inspections and monitoring of compliance with training standards. Penal Code section 6031.2 states: The Board of Corrections shall file with the Legislature on December 30, in each even-numbered year, reports to the Legislature which shall include information on the following: (a) Inspection of those local detention facilities that have not complied with the minimum standards established pursuant to Section 6030. The reports shall specify those areas in which the facility has failed to comply and the estimated cost to the facility necessary to accomplish compliance with the minimum standards. (b) Information regarding the progress and effectiveness of the standards and training program contained in Sections 6035 to 6037, inclusive. (c) Status of funds expended, interest earned, actions implementing the prerequisites for funding, any reallocations of funds pursuant to Sections 4497.04 to 4497.16, inclusive, and a complete listing of funds allocated to each county. (d) Inmate accounting system data to be maintained on an annual basis by the sheriff, chief of police, or other official in charge of operating the adult detention system in a county or city, including the following: (1) Average daily population of sentenced and unsentenced prisoners classified according to gender and juvenile status. (2) Jail admissions of sentenced and unsentenced prisoners, booking charge, date and time of booking, date and time of release, and operating expenses. (3) Detention system capital and operating expenses. (Amended by Stats. 1996, Ch. 805, Sec. 5. Effective January 1, 1997.) Enhanced Inspection Process During the 2020-2022 Biennial Inspection Cycle, the BSCC implemented the Enhanced Inspection Process (EIP) in accordance with the Governor’s directive to the BSCC in the 2020-2021 Budget. This directive was intended to engage counties and increase transparency regarding noncompliance identified in inspections. The EIP more than doubled the number of regular inspections of each county jail. The BSCC Field Representatives now conduct annual inspections, rather than biennial. During the two- year inspection cycle, at a minimum, each Type II and III facility receives one Comprehensive Inspection, where compliance with all applicable Title 15 and 24 regulations is measured, and one Targeted Inspection, where Field Representatives focus on a subset of applicable minimum standards. Page | 5 In addition to annual inspections, Field Representatives are also conducting additional follow-up inspections of each facility to provide technical assistance and verify compliance once an agency has completed corrective action for an item of noncompliance. Unannounced Inspections are also conducted throughout the two-year inspection cycle. In addition to more frequent inspections, other elements of the EIP include: ● Regular reporting to the BSCC Board on outstanding noncompliance issues. ● Requiring Sheriffs to appear before the BSCC Board when significant concerns are identified. ● Requiring local detention facility administrators to submit a Corrective Action Plan (CAP) to the BSCC within prescribed timeframes following identification of items of noncompliance. SECTION I: Adult Local Detention Facility Biennial Inspections 2023-2024 Biennial Inspection Summary The 2023-2024 Biennial Inspection Cycle began on January 1, 2023, and concluded on December 31, 2024. During this inspection cycle, more than 475 local adult detention facilities in California were inspected for compliance with the minimum standards outlined in Titles 15 and 24 of the California Code of Regulations. Title 15 includes standards for the operation of local detention facilities, such as safety and security, programs, medical and mental health care, nutrition, and environmental cleanliness; Title 24 includes standards for the design and construction of local detention facilities. This inspection cycle was the first to implement the EIP. The increased frequency of inspections and the CAP process has enhanced collaboration, communication, and engagement from local detention facility administrators. For Types II, III, and IV facilities, a Comprehensive Inspection is conducted in the first year of the two-year Biennial Inspection Cycle. For Type I, Temporary Holding, and Court Holding facilities, the Comprehensive Inspection occurs in either the first or second year. The Comprehensive Inspection covers all applicable standards from Titles 15 and 24. In year two of the inspection cycle, Types II, III, and IV facilities received a Targeted Inspection, focusing on areas that are identified as common items of noncompliance in previous cycles or items that are deemed critical. During the 2023-2024 Biennial Inspection Cycle, the scope of Targeted Inspections included safety checks, fire suppression preplanning, deaths in custody, and the use of sobering cells and restraints. The Comprehensive Inspection process begins with a Pre-Inspection Briefing. Field Representatives meet with local detention facility administrators to outline inspection expectations, review previous items of noncompliance, go over any significant changes to facility operations or physical plants, and discuss any changes in minimum standards. Once the briefing is concluded, the onsite portion of the facility inspection begins, which includes interviews and discussion with people housed at the facility, custody staff, and medical personnel; a thorough review of applicable policies and procedures; review of documentation such as grievances, intake screenings, program logs, and safety checks to ensure that practices align with both facility policy and minimum standards; and a Page | 6 walk through of the entire physical plant to determine compliance with Title 24 standards. At the conclusion of each inspection, the BSCC provides a detailed exit briefing to facility administrators and staff which highlights any issues of noncompliance and offers technical assistance and best practices for continued compliance. Items of noncompliance are further identified in writing through an Initial Inspection Report (IIR). Pursuant to the EIP, the county must provide the BSCC with a CAP within 30 days of the IIR. The CAP must outline how the county plans to correct the item of noncompliance within 60 days of the CAP issuance date. Once a county has taken the corrective action, follow up inspections verify corrective action and compliance. If the county is unable to correct the item of noncompliance within the prescribed timeframe, and the issue continues to cause risk of harm to the people housed in and working in the facility, the Sheriff may be invited to address the issue at the next scheduled Board meeting. During the 2023-2024 Biennial Inspection Cycle, Field Representatives conducted 55 Unannounced Inspections of local detention facilities. Unannounced inspections may be conducted at any time and are intended to provide an opportunity for the Field Representative to observe facilities under typical operating conditions outside of a regularly scheduled inspection. The most commonly identified items of noncompliance during the 2023-2024 Biennial Inspection Cycle included: ● Title 15, Section 1024. Court Holding and Temporary Holding Facility Training Training records were not available in some agencies, and in others, training o provided lacked the required elements. ● Title 15, Section 1027. Number of Personnel There was an insufficient number of on-duty personnel to ensure required o programs and activities be provided as specified in the regulation. There was a lack of sufficient personnel that affected the ability to complete o timely safety checks. Regulations require that female staff are present when there is a female o person in custody; many facilities did not have female staff available in these instances. ● Title 15, Section 1027.5. Safety Checks Documented safety checks must be conducted at a minimum of every 60 o minutes to ensure the well-being of each person housed. Safety checks were either not being conducted within 60 minutes or they were not being properly documented. Agency manuals did not outline safety check policies or procedures for o various sections of this regulation. ● Title 15, Section 1029. Facility Policy and Procedures Manual Facility manuals were not updated every two years as required by regulation, o lacked specific elements, and facility policies were inconsistent with current facility procedures or practices. ● Title 15, Section 1032. Fire Suppression Preplanning Agencies are required to provide documentation of two years of monthly fire o and life safety inspections conducted by staff. Required fire and life safety inspections were either not conducted or not provided to the BSCC as specified in regulation. Page | 7 Appendix B provides a detailed summary of Titles 15 and 24 noncompliance identified by BSCC during the 2023-2024 Biennial Inspection Cycle1. Estimated Cost to Accomplish Compliance: Penal Code section 6031.2, subdivision (a), requires the BSCC to include information on the estimated cost for local adult detention facilities to achieve compliance with minimum standards. Appendix A outlines items of noncompliance identified during the 2023-2024 Biennial Inspection Cycle. Where a cost estimate of zero is reported, the agency determined that the cost to accomplish compliance can be absorbed into current facility operations, for example, policy updates may not cost an agency money because facility administrators typically update policies on a regular basis. Estimated costs to correct an item of noncompliance typically fall within three categories: hiring and training of personnel, equipment purchase, or facility maintenance and construction. Table 1 provides the statewide total estimated cost to accomplish compliance with the items of noncompliance identified during the 2023-2024 Biennial Inspection Cycle for each of the most common cost categories; refer to Appendix A for detail on each specific item of noncompliance in a county. Table 1 Category of Estimated Cost Statewide Total Estimated Cost* Hiring and Training of Personnel $7,180,000 Equipment $6,394,000 Facility Maintenance and Construction $14,277,000 *Total estimated costs reflect data reported to BSCC by agencies operating local adult detention facilities and are rounded to the nearest thousandth. SECTION II: The Jail Profile Survey Since 1996 the BSCC has collected demographic information on adults in the custody of local detention facilities using the Jail Profile Survey (JPS) (Appendix C). The survey relies on jail administrators to input local data into BSCC’s web-based portal. The BSCC staff review the data for inconsistencies that could indicate errors in reporting and follow up with the counties to correct if necessary. 1 Noncompliance data summarized in Appendix B includes identified noncompliance through the third quarter of 2024. The 2023-2024 Biennial Inspection Cycle began on January 1, 2023 and ends on December 30, 2024. Page | 8 The JPS includes data from Type II and III facilities; Type II facilities house people that are pending arraignment, awaiting trial, in trial, or sentenced locally. Type III facilities hold people that are serving local sentences. The results of the Second Quarter 2024 JPS Results, as required by Penal Code section 6031.2, subdivision (d)(1) are as follows: Average Daily Population: 58,218 (of those 44,930 – or 77 percent -- were non- sentenced) ● 89 percent of non-sentenced inmates are male ● 11 percent of non-sentenced inmates are female ● 87 percent of sentenced inmates are male ● 13 percent of sentenced inmates are female SECTION III: Detention System Capital and Operating Expenses The California State Controller's Office (SCO) maintains records of capital and operational costs for local detention facilities. According to SCO's Fiscal Year (FY) 2023 cost data, the expenses associated with safely operating and adequately staffing these facilities have risen in recent years. Figure 2 compares the costs of local adult detention from 2010 to 2023, showing a cumulative cost of $4.683 billion for 2023—an increase of $468 million from the previous year. Figure 2 Cost of Local Adult Detention $5,000,000,000.00 $4,500,000,000.00 $4,000,000,000.00 $3,500,000,000.00 $3,000,000,000.00 $2,500,000,000.00 $2,000,000,000.00 $1,500,000,000.00 $1,000,000,000.00 $500,000,000.00 $0.00 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Adult Linear (Adult) Source: All County Data, State Controller’s Office Datasets of Counties Reported Annual Expenditures https://bythenumbers.sco.ca.gov/browsel Page | 9 SECTION IV: Standards and Training for Corrections Penal Code sections 6030, 6035, and 6036 require the BSCC to establish selection and training standards for local corrections personnel. The annual state budget act provides subvention funding to local agencies to help offset the costs of complying with those standards. The BSCC carries out these responsibilities through the Standards and Training for Corrections (STC) Program. This section summarizes program participation, activities and compliance with STC standards. Program Participation Participation in the STC Program is voluntary and is open to any local corrections agency that employs adult corrections officers (ACOs), juvenile corrections officers (JCOs), and/or probation officers (POs).2 This includes sheriff’s departments, county correctional agencies, police departments that operate a jail, and probation departments. Local agencies that choose to participate in the STC Program receive a wide variety of benefits. These include: ● Funding: Participating agencies receive funding administered by STC to apply toward their selection and training costs. ● Selection and Training Standards: Participating agencies receive access to validated selection and training tools designed specifically for the community corrections job. These standards also provide legal defensibility in the event of litigation. ● Course Certification System: Participating agencies have access to a catalog of corrections training courses that have been certified to a professional standard of quality and job relatedness. ● STC-Delivered Training: Participating agencies have access to training designed to support their training programs. ● Technical Assistance and Support: Participating agencies are assigned an STC Field Representative to provide ongoing program review and support. During Fiscal Years (FYs) 2022/23 and 2023/24, 150 and 151 agencies participated in the STC Program, respectively, including all county probation departments (59 out of 59) and sheriff’s departments/departments of corrections that operate a jail (56 out of 58). That number also includes police departments that operate a Type I or higher-rated jail (35 out of 49). Table 2 shows a breakdown of the types of agencies that participated in the STC Program. Table 2 2 While JCO and PO job duties as defined by Title 15 may overlap in some jurisdictions, for the purpose of reporting each staff member is counted within the classification that represents the majority of their job duties. Page | 10 STC Participating Agencies Participating Agencies FY 2022/23 FY 2023/24 Probation Departments* 59 59 Sheriff’s Departments** 55 55 Police Departments 35 36 Departments of Corrections 1 1 Total 150 151 *San Francisco has an adult and a juvenile probation department. **Alpine County does not operate a jail and Sierra County’s jail closed in FY 15/16. Table 3 shows the number of local STC-eligible corrections staff who were trained through the STC Program during FYs 2022/23 and 2023/24. These staff are employed by the participating agencies. Table 3 Number of STC-Eligible Positions Positions FY 2022/23 FY 2023/24 Adult Corrections Officers 15,527 15,452 Juvenile Corrections Officers 4,766 4,362 Probation Officers 6,282 6,167 Supervisors - Adult Corrections 1,724 1,690 - Probation* 1,597 1,593 Managers - Adult Corrections 452 443 - Probation* 477 486 Administrators - Adult Corrections 115 118 - Probation* 144 151 Total 31,084 30,462 *includes Juvenile Corrections Selection and Training Standards The STC Program standardizes the selection and training of local corrections staff across the state. This standardization results in a skilled and flexible corrections workforce and significant cost savings. The BSCC sets standards in accordance with the Federal Uniform Guidelines on Employee Selection Procedures, which is the professional and legal standard for selection practices. By following these procedures, the BSCC ensures the job relevance of each standard. Establishing job relevance ensures that the community corrections workforce is selected and trained appropriately and provides Page | 11 protection for local agencies in the event of a legal challenge to the standard. The statewide standards also achieve cost savings by eliminating the need for each county to develop its own selection and training standards. Finally, it facilitates the movement of corrections professionals between counties by establishing a community standard and eliminating the need to conduct duplicative selection assessments and training. The BSCC’s seven selection standards include: 1. Basic abilities and other characteristics important for successful job performance as demonstrated by achieving a passing score on a written selection examination. 2. Competence in oral communication as demonstrated in an interview. 3. Past behavior compatible to job requirements as demonstrated by a background investigation conducted by the hiring agency. 4. Competence in the knowledge, skills and abilities necessary for entry-level job performance, as demonstrated by successful completion of entry-level core training. 5. Competence in the performance of entry-level duties as demonstrated by successful completion of an on-the-job probationary period. 6. The ability to perform essential job functions as demonstrated by meeting guidelines for vision, hearing, and medical screening. 7. A minimum of 18 years of age prior to appointment. Written Selection Examination As part of the BSCC’s role in setting selection standards for local corrections personnel, the STC Program provides validated written selection examinations for the ACO, JCO and PO classifications. The written selection examination measures basic abilities and characteristics for successful job performance. Providing the selection examinations offers a significant benefit to counties and cities in that test development is expensive, time consuming and requires a large sample size and highly technical staff to complete such an endeavor. While the regulations allow participating agencies to use an alternative selection examination, 118 agencies elected to use the BSCC selection examination in FY 2022/23 and FY 2023/24. The alternative examination most frequently used is the Peace Officer Standards and Training (POST) examination because adult correctional staff can be hired as sheriff’s deputies or police officers. During FYs 2022/23 and 2023/24, over 24,000 correctional staff candidates took the STC written selection exam. Figure 4 shows statewide use of the BSCC’s selection examinations in those years by classification. Figure 4 Page | 12 Selection Examination Usage Fiscal Year 2022/23 Fiscal Year 2023/24 6,000 5,000 4,000 3,000 2,000 1,000 0 ACO JCO PO Training Standards Pursuant to the selection standards, each newly hired or promoted local corrections professional must successfully complete a core training course within the first year of job assignment. Although the specific duties and responsibilities of these personnel may differ from one agency to another and from one assignment to another in the same jurisdiction, the core training courses address the activities or tasks performed by most local corrections workers throughout the state, regardless of the location, size, or budget of the employing agency. The core training requirements include prescribed learning objectives, instructional hours and testing methods. Once entry-level skills are mastered through the core training curriculum, local corrections employees move on to develop journey-level skills through annual training. These courses provide in-depth coverage of topics that enhance skills and update employees on changes in their specific job assignments. The BSCC’s standard requires that all corrections personnel (line staff through top management) complete a prescribed number of training hours each year, from 24 to 40 hours (depending on job classification). Table 4 shows the minimum number of training hours that correctional staff received in training FYs 2022/23 and 2023/24, by classification. This is the minimum number of hours required by the STC Program. Oftentimes, participating agencies exceed these minimum training hours. Table 4 Page | 13 Number of Minimum Training Hours Completed by Classification Classification FY 2022/23 FY 2023/24 Adult Corrections Officers 607,218 606,589 Juvenile Corrections Officers 189,696 193,968 Probation Officers 313,283 336,378 Supervisors 133,760 126,640 Managers 36,168 36,440 Administrators 8,168 9,664 Total Staff Training Hours 1,288,293 1,309,679 Course Certification and Monitoring System To support its training standards and the delivery of quality training, STC administers an electronic Learning Management System (LMS). Training providers must submit prospective courses through the LMS to have them certified by STC. Approximately 5,000 training courses are certified by STC each year. The LMS contains a large library of job- relevant courses offered by private training providers, colleges and other local corrections agencies. Local corrections agencies can search STC’s course catalog and calendar to identify courses of interest as well as scheduled presentation dates and locations. The quality of training is assessed through evaluations administered to students and course monitoring by the participating agency’s training manager. Each course is also subject to onsite monitoring by STC Field Representatives as a tool to ensure training quality, adherence to approved learning objectives and instructor competence. STC provides technical assistance when needed. Only courses that are STC-certified can be used to meet the BSCC’s core and annual training standards. Program Review Local corrections agencies that choose to participate in the STC Program agree to meet the prescribed program standards, which include the core and annual training requirements outlined above. Penal Code section 6035 and section 318 of Title 15 of the California Code of Regulations mandates that STC annually monitor participating agencies’ adherence to the standards, policies and procedures of the STC Program. These annual “compliance monitoring reviews” take place each year between July and September. During the year-end compliance review, agencies are found to be either “in compliance” or “out of compliance” with STC program standards. When training requirements have not been met, it is often due to circumstances beyond the control of the individual agency, such as extended medical or administrative leave. In such cases, STC staff may make a recommendation for a finding of full compliance when there are approved mitigating circumstances. Page | 14 Table 5 shows the compliance status of STC-participating agencies for FYs 2022/23 and 2023/24. Table 5 Compliance Status FY 2022/23 FY 2023/24 Total STC Agencies 150 151 In Compliance 136 142 Out of Compliance 14 9 Technical Assistance and Training STC Field Representatives work with participating agencies throughout the year to provide technical assistance in support of local training programs and to help them meet training standards. Technical assistance can range from assessing the appropriateness of a particular training intervention to helping craft action plans intended to improve compliance with selection and training standards. It also includes providing in-house training to support local agencies in their delivery of quality training programs. STC offers a Training Managers’ Course (TMC) which is a two-day course offered at least four times per year, to new training managers and their staff, to familiarize them with STC policies and procedures, their agency’s roles and responsibilities as a participant in the STC program, and funding, reimbursement and course certification processes. STC offers this course in both a virtual and in-person setting. Page | 15