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OIG Annual Report

Office of the Inspector General · 2016_oig_annual_report · Annual report · 2016-12-01 · CDCR

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Robert A. Barton Office of the Inspector General Inspector General 2016 ANNUAL REPORT February 2017 Office of the Inspector General 20 16 ANNUAL REPORT Robert A. Barton Inspector General Roy W. Wesley Chief Deputy Inspector General Shaun R. Spillane Public Information Officer February 2017 Table of Contents FOREWORD i OIG OUTREACH 1 Expert Assistance Provided to the California Health and Human Services Agency 3 ORGANIZATIONAL OVERVIEW 4 FUNCTIONS OF THE OFFICE OF THE INSPECTOR GENERAL 5 Statewide General Intake 5 CDCR Oversight Activities 6 Monitoring Activities 7 Medical Inspections 8 Warden/Superintendent Vetting 9 Blueprint Monitoring 10 California Rehabilitation Oversight Board 11 Special Reviews 11 CDCR CORRECTIVE ACTION PLAN UPDATE 12 Status of Recommendations Made to CDCR in 2016 12 Status of Recommendations Made to CDCR in 2015 12 APPENDIX: REPORTS RELEASED IN 2016 13 FOREWORD OIG Mission To safeguard the integrity of the State’s correctional system by providing oversight and transparency through monitoring, reporting, and recommending improvements on policy and practices of the California Department of Corrections and Rehabilitation. OIG Vision To transform the State’s correctional system into a model for inmate rehabilitation, employee conduct, health care delivery, and transparency in correctional programs. As I write this, I realize that it will be the last annual report of my current term as Inspector General. This realization causes reflection not only on what the agency has done this last year, but what we have done for the past five years. I would be remiss if I did not acknowledge the hard work and dedication of my staff over that time, and the staff of the California Department of Corrections and Rehabilitation (CDCR or the department) who have made great strides in improving the correctional system in California for the benefit of all. When I began my term in 2011, the Inspector General’s office was in turmoil and required a complete reorganization and new focus on accomplishing its mission. There were massive budget cuts, a change of statutory authority, new mandates, and a new Administration with a bold vision for the future of the correctional system. A system was envisioned where offenders could be rehabilitated, public safety could be protected upon their release, and future victimization of citizens would be reduced. During this time recidivism has dropped from 67 percent to 44 percent, inclusive of those who have been re-incarcerated locally as a result of AB 109. Severe overcrowding and the problems that go with it have greatly diminished. The discipline system that ensures legitimacy within the system has improved. The rehabilitation opportunities have multiplied, and staff and inmates alike are supporting a culture that values positive change more than ever before. The Office of the Inspector General (OIG) over this time has constantly grown and changed, adding value to the system by providing transparent oversight and recommendations for improvement in several different critical areas. Gains have been achieved by forging working relationships with CDCR and policy makers emphasizing our shared goal of improving the correctional system; a monumental task given the size and complexity of the California Department of Corrections and Rehabilitation. There is still much more that can be done, but we have also come a long way from the time when suspicion of corruption within the system was a daily news item, and accusations of abuse were commonplace. One of the major benefits of an independent oversight agency is the transparency it provides for everyone. Bad things can, and do still happen within prisons, but the alleged layer of secrecy and cover-ups is much less possible given the role of our agency and the unfettered access we have to the prisons. The OIG role continues to expand as new challenges are identified. For example, the OIG has consulted and provided expertise and personnel to assist the California Health and Human Services Agency with the creation of its own internal affairs and discipline oversight program. The OIG staff and I go to great lengths to educate the diverse stakeholders about our agency and what it offers the correctional system. We are constantly in the prisons and meeting with people 2016 Annual Report Page i Office of the Inspector General State of California and organizations inside and outside of CDCR. The OIG complaint Intake process has become more interactive, and we now report on those complaints that are referred out to our regional staff in the field who can problem solve directly with wardens and key prison staff. This would not be possible without the cooperation we have developed over the last several years. OIG powers are generally limited to making recommendations, but when the department knows we share its goals for improvement, and the focus is on solving problems rather than advertising blame, there is more willingness to work together. We have also increased our monitoring and reporting of Sexual Abuse in Detention Elimination Act (SADEA) cases and encourage the department to continue its forward progress in this area. Once again, when problems like prison rape are taken seriously, and inmates have an outlet for their concerns, it builds legitimacy that encourages both the incarcerated, and their families, to buy into a justice system they previously rejected. The Office of the Inspector General has also grown in other ways. During my term, we have established a contraband watch monitoring program that has seen the use of this procedure diminish dramatically. The time people are kept on contraband watch has also drastically reduced. This is a significant cost-savings, and eliminates many of the prior concerns about potential abuses of the process, health risks to offenders, as well as the subsequent lawsuits they engendered. The OIG use-of-force monitoring program has evolved and embraced technology that allows us to monitor trends in a way that can serve as an early warning system for potential areas of concern. The OIG shares this information with the department on a regular basis, and the OIG has redoubled efforts to review a higher percentage of use-of-force incidents than ever before. Officer training in this area is critical, as improper application of force can cause danger to staff, needless injuries, abuse, complaints and lawsuits. It also may illustrate where bigger problems exist. The OIG plays a role in the risk management of critical incidents within the prisons. OIG staff respond 24 hours per day, 7 days per week to homicides, large scale riots, deadly force incidents, and other critical incidents within CDCR. The OIG presence provides transparency for the public and enhanced confidence that matters will be handled in a thorough and fair manner with outcomes that are appropriate. This is another area where the OIG presence within the individual prisons on a constant basis benefits the interaction and ability to get it right. Perhaps one of the biggest evolutions within the OIG has been the ever more crucial role our Medical Inspection Unit serves for the system. Over the last few years it has gone through a metamorphosis. What started as a simple medical policy auditing function has now become a full compliance and quality evaluation monitoring and reporting team, staffed by qualified medical experts. This role is much more aligned with our statutory mandate. As a result, there is now an attendant benefit to the state and inmates. The OIG reports are now utilized by the department to make improvements to healthcare that benefit the inmates, and are considered by the Federal Receiver and the Federal Court as one factor in determining the cessation of the long- running Plata lawsuit. The main goal is ensuring adequate healthcare is provided. This in turn also adds to the legitimacy of a prison system that is among the largest in the world. Another duty the OIG takes very seriously, given the impact on the entire system, is the review of qualifications and recommendations for warden and superintendent placements. In my term, I have personally been involved in this process at every institution in the system and some more than once. I have conducted over 60 such reviews and as a result have met many promising 2016 Annual Report Page ii Office of the Inspector General State of California executives who can help CDCR progress into the future. I can say without hesitation that as an overall group, the current wardens are the most supportive of programming and public safety since I started with the OIG in 2005. The OIG in my term has created a unit dedicated to the assessment and oversight of rehabilitation efforts within CDCR. This unit helps to fulfill not only the duties of the California Rehabilitation Board (C-ROB) by conducting fieldwork to determine the status of programming, but also assists in monitoring CDCR’s adherence to its rehabilitation goals as stated in its strategic plans (the Blueprint and the follow up to the Blueprint). The OIG’s rehabilitation unit continually travels to prisons and researches what is working in California and elsewhere. This work goes into reports that are published on the current successes and challenges within the system. They too make recommendations to CDCR staff regarding programming opportunities. As demonstrated by the Department’s response to the OIG’s recommendations, our reporting on all these efforts has had a meaningful impact. Since 2012, we have made 169 recommendations in our Special Review, C-ROB, Semi-Annual, and Use-of-Force reports. This is in addition to the specific recommendations given to individual prisons in our medical reports. Eighty-three of those recommendations have been fully implemented, 17 substantially implemented, 32 partially implemented, 10 still pending, and only 27 (16 percent) have not been implemented. All of the OIG’s reports are available on the website, and this annual report explains OIG’s function in more detail. The credit of course for any of the gains achieved in California’s correctional system goes to the hardworking and conscientious staff doing a very difficult job, very well, every day. It also goes to an Administration and policymakers that value the possibility of human redemption and how that approach benefits public safety for all of us in the long run. Finally, recognition should also be given to dedicated volunteers and the many entities outside of the ‘system’ that also dedicate countless hours to its improvement. The OIG’s existence and vigilance is now an integral part of keeping the system on track, continuing to move in a positive direction, and ensuring that gains already achieved are not lost. Robert A. Barton Inspector General 2016 Annual Report Page iii Office of the Inspector General State of California OIG OUTREACH The Office of the Inspector General (OIG) constantly seeks opportunities to better assess and recommend improvements within the California Department of Corrections and Rehabilitation (CDCR or the department). This requires communication with departmental staff, the institutions, and outside stakeholders. The OIG also educates these entities about the OIG mission and solicits input from them. Finally, the OIG searches for ways to discover best practices to recommend for the State’s correctional system. All of this requires constant outreach by the agency. The OIG provides public transparency for the state correctional system. One of the ways to have an impact and become aware of issues within corrections is to have a personal presence within the institutions. In addition to daily presence through OIG staff monitoring and providing on-scene response to incidents, the Inspector General or Chief Deputy Inspector General visits every adult institution and youth correctional facility at least once annually. In 2016, the Inspector General conducted 35 institution visits and the Chief Deputy Inspector General conducted 13 institution visits. The Inspector General and Chief Deputy Inspector General also visited the two out-of-state correctional facilities that house California inmates—Tallahatchie County Correctional Facility in Mississippi, and La Palma Correctional Center in Arizona. In total, the Inspector General and Chief Deputy conducted 50 institution visits in 2016. Above and beyond the staff who monitor systems within the prisons on a daily basis, OIG staff are specifically tasked to assess the rehabilitation and education operations as part of a review for the California Rehabilitation Oversight Board (C-ROB) and Blueprint monitoring function at least twice per year. The Office of the Inspector General staff make presentations to the CDCR Office of Internal Affairs academy regarding the role and function of the OIG. OIG also presents to correctional officer candidates in the Galt academy, and at CDCR leadership conferences. Additional presentations on the OIG’s role and function were provided to various entities when requested, such as the Division of Adult Parole Operations, Life Support Alliance, the American Civil Liberties Union (ACLU), Statewide Inmate Family Council, etc. The OIG continues to liaise with senior management at the department. The Inspector General meets monthly with the Secretary of CDCR, the Director of Rehabilitative Programs, and the Director of Adult Institutions. The Inspector General also meets regularly with representatives from the Legislature and Governor’s office. The Chief Deputy Inspector General holds monthly meetings with the Director of Adult Institutions, the Director of Adult Parole Operations, the Chief Counsel for the Office of Legal Affairs, and the Director of Internal Oversight and Research. These meetings allow for high-level discussions of issues and problems and their timely resolution. In addition, the Assistant Chief Deputy Inspector General has monthly meetings with the Chief Counsel for the Employment Advocacy and Prosecution Team, the OIA Chief of Field Operations, the Deputy Director for the Office of Internal Affairs, the regional Assistant Chief Counsels for the Employment Advocacy and Prosecution Team, and regional Special Agents in Charge for the Office of Internal Affairs. These meetings delve into more day-to-day operational issues and have been extremely helpful in resolving issues at the field 2016 Annual Report Page 1 Office of the Inspector General State of California level. The Inspector General and OIG staff also attend noteworthy events throughout the State to maintain contact with the department and the public in order to educate and establish working relationships with stakeholders. The Inspector General personally: • Attended and presented at the annual National Association for Civilian Oversight of Law Enforcement (NACOLE) conference • Attended CDCR’s Medal of Valor Ceremony hosted by the California Correctional Supervisors Organization • Attended the 23rd annual community service awards dinner for the Asian Peace Officers Association, Inc. • Contributed to an article for the California Schools quarterly publication “Breaking the Silence” • Attended the Anti-Recidivism Coalition’s screenwriting workshop world premiere of “They Call Us Monsters” at the Los Angeles film festival • Presented at the Mountain Oaks Adult Education Center Commencement Ceremony • Spoke at the Golden Hills Adult School training event at Avenal State Prison • Presented at the Office of Correctional Education’s central region staff development conference • Spoke at the Children of Incarcerated Parents conference presented by Friends Outside of Los Angeles County • Attended the California Prison Industry inmate graduation at the Folsom Women’s Facility • Attended and presented at CDCR’s Warden’s meeting in Galt • Attended and presented at the Division of Adult Parole’s Administrative Professional’s Development Training in Fresno Children of Incarcerated Parents Folsom Women’s Facility Graduation Conference Ceremony Staff of the OIG from the C-ROB, Publications, and Rehabilitation unit: • Observed 45 inmate leisure time rehabilitative program groups at 35 institutions • Participated in the Reentry Solutions training conference • Participated in CDCR’s Internet Protocol Television Integration Content Selection Committee • Participated in the Prison University Project Training Conference 2016 Annual Report Page 2 Office of the Inspector General State of California • Coordinated an agency-wide book drive collecting over 1,500 books for CDCR libraries and a local women and children’s shelter • Attended briefings on crime trends and prison capacity challenges held at the Public Policy Institute of California in Sacramento • Attended Lifer Awareness Group, an inmate-led activity group, graduation at California Men’s Colony • Participated in University of California, San Diego (UCSD) Cross-Training for custody staff and contracted treatment providers • Participated in the 2016 California Coalition on Sexual Offending training conference Other staff of the OIG: • Presented and attended quarterly Prison Crimes Council meetings with CDCR • Coordinated an agency-wide toy and clothing drive for Saint John’s women’s shelter for at- risk women with children • Participated in an annual OIG All-Staff meeting that included CDCR speakers and other stakeholders Expert Assistance Provided to the California Health and Human Services Agency Pursuant to consultations with the Governor’s office, the legislature, and the California Health and Human Services Agency (CHHS), the OIG has continued to provide expert assistance in the creation of a discipline oversight and monitoring program for the California Department of Developmental Services and the Department of State Hospitals. The OIG has provided two highly experienced monitors on a contractual basis to help develop a robust internal affairs program, an independent monitoring program for the handling of discipline cases and a transparent public reporting process. The OIG is committed to providing ongoing assistance to CHHS. 2016 Annual Report Page 3 Office of the Inspector General State of California ORGANIZATIONAL OVERVIEW The OIG is organized into three regions: North, Central, and South. The North Region is co-located with executive and administrative operations in Sacramento (Rancho Cordova), the Central Region is in Bakersfield, and the South Region is in Rancho Cucamonga. California Penal Code Sections 2641 and 6125 et seq. provide the statutory authority for the OIG’s establishment and operations. The OIG staff is a skilled team of professionals, including attorneys with expertise in internal affairs investigations, criminal law, and employment law, as well as inspectors knowledgeable in correctional policy, operations, and investigations. The OIG also has a cadre of medical professionals in the Medical Inspection Unit. These practitioners evaluate policy adherence and quality of care within the prison system. There are also analysts and various support staff within the OIG, all of whom are integral in achieving the OIG mission. OIG Organizational Chart Inspector General C-ROB, Chief Deputy Blueprint, Chief Intake and Administration Publications, Inspector Vetting, Counsel Investigations Rehabilitation General SLAA Human Medical Discipline Information R esources Inspection Monitoring Technology Unit Unit Business Services Assistant Chief Deputy Inspector General North Central South Special Region Region Region Assignments Team 2016 Annual Report Page 4 Office of the Inspector General State of California FUNCTIONS OF THE In non-urgent matters, staff directly contact institutional personnel to remedy issues that OFFICE OF THE may be addressed informally, such as failure to accept an appeal, failure to schedule a INSPECTOR GENERAL classification hearing, or failure to schedule medical appointments. The Intake Unit California Penal Code Section 6125 focuses OIG staff resources on the most establishes the Office of the Inspector serious complaints by using a matrix of General as an independent agency and common prison issues that receive priority provides for the Inspector General to be attention. Lack of access to grievance appointed to a six-year term by the processes or health care, serious due process Governor, subject to Senate confirmation. violations, unnecessary extended stays in Robert A. Barton was appointed on August segregation units, sexual abuse, serious staff 29, 2011, and his term will expire in 2017. misconduct, and inappropriate uses of force are among the higher priority issues in the California Penal Code Sections 2641 and matrix. However, if a trend of lesser policy 6125 et seq. set forth the functions of the violations is identified, the Intake Unit Office of the Inspector General. makes efforts to remedy any potential systemic issues. In most instances, the Statewide General Intake Intake Unit encourages complainants to utilize CDCR’s grievance processes to The OIG maintains a statewide intake resolve their issues before contacting the process to receive communications from any OIG; therefore, lack of access to the individual regarding allegations of improper grievance process or unjustified rejection of activity within CDCR. Any complaints of appeals by CDCR staff often receive the misconduct are brought to the department’s most attention from Intake Unit staff. attention. When Intake Unit staff finds potential The OIG Intake Unit logs, reviews, misconduct or policy violations after analyzes, and responds to every non- reviewing complaints and corresponding duplicative complaint it receives. Intake CDCR documents, those cases are presented Unit staff screen all complaints within 24 at a meeting every two weeks with the hours of receipt to identify potential safety Inspector General for consideration of concerns. During 2016, Intake Unit staff referral to OIG regional field staff. In the contacted institutions 38 times indicating field, OIG staff make recommendations to potential safety concerns based on letters CDCR administrators to remedy identified and messages left on the toll-free public issues, usually resulting in simple, informal phone line, calls received on the main OIG fixes, such as the training of staff, the telephone number, and complaints submitted initiation of inquiries, or use-of-force electronically. These complaints expressed reviews to determine whether misconduct potentially unsafe conditions, such as enemy may have occurred. If CDCR initiates a concerns, threatening behavior, or other formal investigation, OIG regional staff indicators that there may be a safety or monitors the case in accordance with the security risk for staff or inmates. Intake Unit OIG’s normal discipline monitoring staff request CDCR provide a status of the activities and reports the findings in the situation to ensure the department rectifies Semi-Annual Report. any safety concerns and provides appropriate intervention to mental health Complaints alleging theft, fraud, or waste of inmate patients. State resources concerning CDCR are also 2016 Annual Report Page 5 Office of the Inspector General State of California presented to the Inspector General for CDCR Oversight Activities consideration of referral to the California State Auditor. Retaliation Claims In 2016, the OIG’s Intake Unit received California Penal Code sections 6128 and 2,851 general complaints submitted by 6129 authorize the OIG to receive and inmates, parolees, families, CDCR review complaints of retaliation levied employees, and advocacy groups, including against members of CDCR management by 32 complaints the Office of the Governor CDCR employees. The OIG’s Legal assigned the OIG to review. Intake Unit staff Services Unit analyzes the allegations of conducted additional research into matters each complaint to determine whether the or requested clarifying documentation from complaint states a prima facie case of CDCR institutions for 1,409 of these retaliation. If the complaint meets this initial complaints. legal threshold, the OIG initiates an investigation into the allegations and The OIG’s Intake Unit received 321 determines whether retaliation occurred. If complaints alleging inappropriate the OIG determines a CDCR employee was healthcare, lack of access to healthcare, or subjected to unlawful retaliation, the OIG both. OIG Intake or medical staff conducted provides a report of its findings to CDCR additional analysis of these medical, dental, along with a recommendation for and mental health complaints. The OIG appropriate corrective action. referred 7 of the 321 complaints to CDCR’s Division of Correctional Health Care At the beginning of 2016, there were two Services or CDCR (institutions with complaints and one investigation pending delegated authority for medical operations) from 2015. The OIG concluded the for remedy where the OIG determined investigation and completed its review of potential violations of medical policies or those two complaints, neither of which procedures occurred. stated a prima facie case of retaliation. In 2016, the OIG received nine new retaliation Field Inquiries complaints. The Legal Services Unit completed analyses of seven complaints and Since its inception, the OIG has provided a determined none stated a prima facie case of process by which inmates, CDCR staff, and retaliation. Two complaints are still pending. the public can report misconduct. The OIG examines complaints received and assigns Sexual Abuse in Detention staff to conduct field inquiries regarding the Elimination Act Ombudsperson complaints at the institutions. In 2016, the OIG referred 70 field inquiries to the OIG’s Claims (also referred to as Prison regional operations teams to bring the Rape Elimination Act claims) matters to the attention of the specific institutions and to monitor departmental California Penal Code Section 2641 directs response at the local level. The results of the OIG to act as the ombudsperson for CDCR’s response to OIG’s inquiries are complaints related to sexual abuse in included in the OIG’s Semi-Annual report. detention. The OIG is tasked with reviewing OIG’s inquiries are limited to finding out if allegations of mishandled sexual abuse the hiring authority is aware of the problem, investigations within correctional and to recommend appropriate action. OIG institutions, maintaining the confidentiality staff do not conduct investigative activities. of sexual abuse victims, and ensuring 2016 Annual Report Page 6 Office of the Inspector General State of California impartial resolution of inmate and ward CDCR’s internal affairs investigations and sexual abuse complaints. employee discipline process. The OIG also oversees CDCR’s response to critical CDCR notified the OIG of 396 sexual abuse incidents within the institutions and allegations during 2016, including 252 with monitors the department’s contraband a staff member as the alleged perpetrator, surveillance watch process and use-of-force and 144 with an inmate as the alleged reviews. perpetrator. The OIG monitors CDCR’s handling of all sexual abuse allegations and Internal Affairs and Employee all subsequent investigations of alleged staff Discipline Monitoring involvement. The OIG’s monitoring of CDCR’s internal In order to fulfill the independent role of affairs and employee discipline cases SADEA ombudsperson, the OIG supplies includes the OIA allegation intake process, informational posters to all the adult the investigative phase by CDCR’s Office of institutions, Division of Juvenile Justice Internal Affairs, the decision-making (DJJ) facilities, and parole offices explaining process by the hiring authorities, and the how to report SADEA allegations. As a handling of the matter by the CDCR result, the OIG SADEA Ombudsperson Employment Advocacy and Prosecution received and reviewed 167 complaints Team attorneys (referred to as “vertical directly from inmates, family members, and advocates”). Monitoring includes all case third parties. Most, but not all, of these activity, up to and including State Personnel allegations were also included in the Board proceedings, if necessary. The allegation notifications from CDCR listed Semi-Annual Reports document the above. department’s adherence to its operating rules and procedures as well as the quality of the Seventeen of those contacts requested investigation and legal representation general SADEA information which was regarding employee discipline. In 2016, the provided, and 13 complaints alleged OIG opened 679 employee discipline cases inadequate investigation by CDCR. Twenty- for monitoring. California Penal Code seven of the complaints were referred to the Section 6133(b)(1) mandates the OIG OIG regional offices to follow up and make publish a Semi-Annual Report of its recommendations for resolution. oversight of CDCR. The complainant first notified the OIG of 16 Closed discipline cases are reported in allegations of sexual abuse or sexual Volume I of the OIG’s Semi-Annual Report: harassment which the OIG referred directly www.oig.ca.gov/pages/reports.php to CDCR to conduct an initial investigation or inquiry. This third-party reporting process Critical Incident Monitoring increases transparency and provides another reporting method for inmates who are The OIG maintains regional on-call staff concerned with reporting the alleged abuse who can respond on site 24-hours-per-day to or harassment directly to CDCR staff. critical incidents reported to the OIG from any of the State’s correctional institutions. Monitoring Activities In 2016, the OIG monitored 204 critical incidents. The OIG’s Discipline Monitoring Unit provides contemporaneous oversight of 2016 Annual Report Page 7 Office of the Inspector General State of California The OIG monitors a critical incident and any and length of contraband surveillance watch subsequent investigation with special is a positive trend. emphasis on determining what led up to the incident, whether it was handled Contraband surveillance watch reports are appropriately, and what, if any, action found in Volume II of the OIG’s Semi-Annual should be taken afterward. If the facts Report, at: www.oig.ca.gov/pages/reports.php appear to show neglect or misconduct, OIG staff will recommend, and subsequently monitor, any investigation. The OIG may Use-of-Force Monitoring recommend policy changes to prevent future occurrences and conform to best practices. The OIG continues to monitor the In some instances, the OIG has identified department’s use-of-force review process. systemic issues and made recommendations The OIG attended 1,512 Executive Review statewide or at a specific institution. Committee meetings and reviewed 6,434 of the 7,349 use of force incidents. The OIG Critical incident case summaries are reported in developed a new use-of-force monitoring Volume II of the OIG’s Semi-Annual Report, tool to allow more in-depth analysis of each available at: www.oig.ca.gov/pages/reports.php use-of-force incident, and allow collection of data identifying those officers who use Contraband Surveillance Watch force most often and those inmates against whom force is used most often. The new The OIG monitors the department’s tool will also allow identification of “hot contraband surveillance watch process to spots” where force is used within a prison. ensure it is conducted within departmental The new tool was deployed on January 1, policy and not used for punitive purposes. 2016. The data collected is shared with the department each month. The OIG also Department staff notify the OIG any time an participates as a non-voting member of the inmate is placed on contraband surveillance CDCR Deadly Force Review Board. watch. The OIG reviews all relevant data regarding the use of contraband surveillance watch. Additionally, whenever the Use-of-Force monitoring reports are found in department keeps an inmate on contraband Volume II of the OIG’s Semi-Annual Report, surveillance watch longer than 72 hours, the at: www.oig.ca.gov/pages/reports.php OIG goes on scene to inspect the inmate’s condition, and ensures the department is following its policies. This on-scene process Medical Inspections continues every 72 hours until the department removes the inmate from Pursuant to Penal Code Section 6126(f) the contraband surveillance watch. The OIG OIG conducts an objective, clinically immediately discusses serious breaches of appropriate, and metric-oriented medical policy with institution managers. inspection program to review delivery of In 2016, the OIG was notified of 238 medical care at each of the adult institutions contraband surveillance watch cases, 70 in California. fewer than in 2015. Of the 238 notifications in 2016, the OIG monitored 72 cases that During 2016, the OIG completed the extended beyond 72 hours, as compared to fieldwork for the remaining 26 Cycle 4 101 cases extending beyond 72 hours in medical inspections. Related to those 2015. The continued decrease in the need inspections, the OIG issued 18 final public reports. As of December 31, 2016, the OIG 2016 Annual Report Page 8 Office of the Inspector General State of California had also issued five draft reports to external CAL September 2016 Adequate stakeholders. The following nine institutions COR November 2016 Inadequate received delegations back to the department SVSP November 2016 Inadequate from the Receiver in 2016: HDSP December 2016 Adequate • Folsom State Prison CMC December 2016 Adequate • Correctional Training Facility • Chuckawalla Valley State Prison Medical Inspection reports are available on the • California Correctional Institution OIG’s website at: • Pelican Bay State Prison www.oig.ca.gov/pages/reports.php • California State Prison, Centinela • Sierra Conservation Center Warden/Superintendent Vetting • California Institution for Men • Avenal State Prison Penal Code Section 6126.6 requires that the The Cycle 4 medical inspection includes OIG evaluate the qualifications of every qualitative reviews and compliance testing candidate whom the Governor nominates for conducted by teams staffed with OIG appointment as a warden or a youth clinicians and registered nurses, who used correctional facility superintendent, and 16 quality indicators of health care to assess report the recommendation in confidence to each institution. The OIG plans to complete the Governor within 90 days of the request the Cycle 5 inspections over a period of to evaluate the candidate. Candidates have approximately 12 months. In December typically been acting wardens for at least 2016, the OIG issued three job start letters three months before the OIG process begins. for Cycle 5 medical inspections to Valley The OIG is keenly aware of the need for State Prison, California Medical Facility, stability in management and, therefore, and Ironwood State Prison in preparation for strives to complete its part of the vetting starting fieldwork for these institutions in process as expeditiously as possible. 2017. The OIG uses a three-phase vetting process OIG Cycle 4 Medical Inspections Final with an internal completion goal of 60 days. Reports Issued During 2016 This year, eleven vettings were completed Institution with an average completion time of 61 days. Issue Date Rating Inspected In addition to conducting a background CCI January 2016 Adequate investigation of the candidate and surveying designated stakeholders, the first phase CEN February 2016 Adequate consists of a site visit conducted by a team PBSP February 2016 Adequate of inspectors, who provide the OIG with an VSP February 2016 Inadequate overview of the institution’s operations. SCC March 2016 Adequate During the second phase, the Inspector WSP April 2016 Inadequate General personally consults with outside CIM April 2016 Adequate stakeholders, conducts a management review, and tours the facility with the MCSP May 2016 Inadequate candidate. In the final phase, the Inspector ISP May 2016 Inadequate General reviews all of the information SQ July 2016 Adequate gathered during the vetting process and ASP August 2016 Adequate evaluates the candidate’s suitability for the CIW September 2016 Adequate position of warden or superintendent after a CMF September 2016 Inadequate one-on-one interview. The Inspector 2016 Annual Report Page 9 Office of the Inspector General State of California General then submits a confidential • Establish and adhere to the new prison recommendation to the Governor. gang management system. Given the high rate of turnover due to The department continued to show progress retirement within CDCR management, the in implementing the goals of the Blueprint OIG anticipates a continued demand for in 2016. Two of the reforms contained in the warden vetting in 2017. initial Blueprint, standardized staffing and the inmate classification score system have As of December 31, 2016, the following been completed. Also, many of the housing adult and youth institutions were without plans outlined in the Blueprint have been permanent wardens or superintendents: completed, or are nearing completion, and the department is housing inmates at  California City Correctional Facility Blueprint-prescribed levels.  California Correctional Center  California Correctional Institution As a result of the settlement agreement  Central California Women’s Facility reached in January 2016 for Todd Ashker, et  California Institution for Women al., v. Governor of the State of California, et  California Training Facility al, the department agreed to change its  California State Prison, Sacramento policies and practices for placing, housing,  Wasco State Prison managing, and retaining inmates who have  N.A. Chaderjian Youth Correctional been validated as prison gang members and Facility and O.H. Close Youth associates, as well as the conditions in each Correctional Facility and, of its four Security Housing Unit (SHU)  Ventura Youth Correctional Facility institutions. The department also expedited its review of inmates in the Step-Down Blueprint Monitoring Program (SDP) to determine eligibility for release from the SHU and transfer to a In 2012, the Legislature passed and the general population facility. Governor signed legislation mandating the OIG periodically review delivery of the In January 2016, the department issued An reforms identified in The Future of Update to the Future of California California Corrections: A Blueprint to Save Corrections, which provides a summary of Billions of Dollars, End Federal Court the goals identified and progress made since Oversight and Improve the Prison System the initial Blueprint, as well as the (the Blueprint). department’s future vision for rehabilitative programming and safety and security. The The OIG monitored the department’s OIG will monitor the department’s progress implementing five key goals: remaining goals from the initial Blueprint • Establish and adhere to the standardized including rehabilitative programming and staffing model at each institution; SHU inmate status. • Establish and adhere to the new inmate classification score system; Blueprint monitoring reports are available on • Implement and adhere to the the OIG’s website at: comprehensive housing plan; www.oig.ca.gov/pages/reports.php • Increase the percentage of inmates served in rehabilitative programs to 70 percent of the target population prior to the inmate’s release; and 2016 Annual Report Page 10 Office of the Inspector General State of California California Rehabilitation Oversight Special Reviews Board A special review process is codified in Penal The Public Safety and Offender Code Section 6126. Upon request of the Rehabilitation Services Act of 2007 (AB Governor, the Speaker of the Assembly, or 900) established the 11-member California the Senate Rules Committee, the OIG will Rehabilitation Oversight Board (C-ROB) conduct a review of CDCR policies, Chaired by the Inspector General. California practices, or procedures set forth in the Rehabilitation Oversight Board meetings are review request. Upon completion of the conducted three times per year to examine review, the OIG reports its findings and CDCR’s various mental health, substance recommendations to the authorizing entity abuse, education, and employment programs and publishes a public report. In 2016, no for inmates and parolees. The C-ROB report special reviews were requested. is published annually, on September 15. In 2016, C-ROB staff, in collaboration with Special Reviews are available on the OIG’s the OIG’s Blueprint monitoring team, website at: www.oig.ca.gov/pages/reports.php visited all 35 adult institutions to observe rehabilitation programs and identify successes and challenges in programming. C-ROB staff review a broad range of rehabilitative programs, services, and activity groups, including substance use treatment, academic education programs, career technical education programs, and volunteer rehabilitative programming. Institution site visits revealed many positive changes occurring within the department, especially its efforts to expand reentry centers and substance abuse treatment programs to all 35 adult institutions. The department successfully increased the health benefit approval process for pre-release benefits, an important rehabilitative need. The department has also developed a comprehensive case management plan, and has addressed three of the four recommendations from the 2015 C-ROB report. The 2016 C-ROB report provides five additional recommendations. California Rehabilitation Oversight Board reports are available on the OIG’s website at: http://www.oig.ca.gov/pages/c-rob.php 2016 Annual Report Page 11 Office of the Inspector General State of California CDCR CORRECTIVE ACTION PLAN UPDATE In 2016, the OIG published 25 formal reports containing 15 recommendations. The recommendations in these reports promote greater transparency, taxpayer savings, process improvements, increased accountability, and higher adherence to policies and constitutional standards. Status of Recommendations Made to CDCR in 2016 The OIG made six recommendations to CDCR in the March 2016 Semi-Annual Report, and four more recommendations in the September 2016 Semi-Annual Report. The department has fully or substantially implemented one of the ten Semi-Annual Report recommendations and partially implemented two of the recommendations. Six of the recommendations have not been implemented, and the remaining one is currently being reviewed. There were also five recommendations made in the California Rehabilitation Oversight Board (C-ROB) September 2016 annual report. C-ROB is an independent board, and, unlike the OIG, does not have authority to request specific responses to recommendations; however, the department has fully or substantially implemented one of the five C-ROB report recommendations and partially implemented one of the recommendations. One of the recommendations has not been implemented and the remaining two are being reviewed. Status of Recommendations Made to CDCR in 2015 The OIG made eight recommendations to CDCR in the March 2015 Semi-Annual Report, and five more recommendations in the September 2015 Semi-Annual Report. The department has fully or substantially implemented six of the thirteen Semi-Annual Report recommendations and partially implemented four of the recommendations. Two of the recommendations have not been implemented, and the one remaining recommendation is currently being reviewed. The OIG made 45 recommendations to the department in the December 2015 Special Review: High Desert State Prison Susanville, CA. The department has fully or substantially implemented 33 of the 45 recommendations and partially implemented three of the recommendations. Eight of the recommendations have not been implemented, and the one remaining recommendation is currently being reviewed. There were also four recommendations made in the September 2015 C-ROB report. The department has fully or substantially implemented each of the four recommendations from the report. The Medical Inspection Reports also contain institution-specific recommendations that are provided to the Receiver and the department, but due to the authority of the Receiver to implement corrections, the department does not submit a corrective action plan for the recommendations in the MIU reports. 2016 Annual Report Page 12 Office of the Inspector General State of California APPENDIX: REPORTS RELEASED IN 2016 Annual Report 2015 OIG Annual Report (January 2016) Semi-Annual Reports OIG Semi-Annual Report July–December 2015 Volume I (June 1, 2016) OIG Semi-Annual Report July–December 2015 Volume II (June 1, 2016) OIG Semi-Annual Report January–June 2016 Volume I (September 28, 2016) OIG Semi-Annual Report January–June 2016 Volume II (September 28, 2016) Medical Inspection Reports California Correctional Institution Medical Inspection Results Cycle 4 (January 11, 2016) Pelican Bay State Prison Medical Inspection Results Cycle 4 (February 10, 2016) Valley State Prison Medical Inspection Results Cycle 4 (February 22, 2016) California State Prison, Centinela Medical Inspection Results Cycle 4 (February 26, 2016) Sierra Conservation Center Medical Inspection Results Cycle 4 (March 16, 2016) California Institution for Men Medical Inspection Results Cycle 4 (April 15, 2016) Wasco State Prison Medical Inspection Results Cycle 4 (April 15, 2016) Mule Creek State Prison Medical Inspection Results Cycle 4 (May 18, 2016) Ironwood State Prison Medical Inspection Results Cycle 4 (May 25, 2016) San Quentin State Prison Medical Inspection Results Cycle 4 (July 13, 2016) Avenal State Prison Medical Inspection Results Cycle 4 (August 3, 2016) California Institution for Women Medical Inspection Results Cycle 4 (September 12, 2016) California Medical Facility Medical Inspection Results Cycle 4 (September 19, 2016) Calipatria State Prison Medical Inspection Results Cycle 4 (September 19, 2016) Salinas Valley State Prison Medical Inspection Results Cycle 4 (November 1, 2016) California State Prison, Corcoran Medical Inspection Results Cycle 4 (November 16, 2016) High Desert State Prison Medical Inspection Results Cycle 4 (December 6, 2016) California Men’s Colony Medical Inspection Results Cycle 4 (December 30, 2016) 2016 Annual Report Page 13 Office of the Inspector General State of California California Rehabilitation Oversight Board (C-ROB) Report C-ROB September 15, 2016 Annual Report (September 15, 2016) Blueprint Monitoring Reports Seventh Report on CDCR’s Progress Implementing its Future of California Corrections Blueprint (March 23, 2016) All Reports are available on the OIG’s website at: www.oig.ca.gov/pages/reports.php 2016 Annual Report Page 14 Office of the Inspector General State of California 2016 ANNUAL REPORT OFFICE OF THE INSPECTOR GENERAL Robert A. Barton INSPECTOR GENERAL Roy W. Wesley CHIEF DEPUTY INSPECTOR GENERAL STATE OF CALIFORNIA February 2017