Board of State and Community Corrections

Report
Board of State and
Community Corrections
CAPIA Annual Conference
September 2012
Introductions
CSA=>BSCC
2010-2012 Inspection Cycle Wrap Up
JDPS Data Review
MediCal and the Affordable Health Care
Act
 Medical Issues in Juvenile Detention
Facilities
 BSCC Topics





◦ Death in Custody
◦ Youth in Adult Court Holding: Probation’s
Responsibility
◦ Juvenile Regulations Revision
Agenda
CSA
BSCC
“ . . . an agency is born . . .”


On July 1, 2012, the CSA was abolished by
SB 92 and the BSCC was born.
Broad mandates:
◦ Provide statewide leadership, coordination
and technical assistance.
◦ Promote effective state and local efforts and
partnerships in California’s adult and
juvenile criminal justice system, including
addressing gang problems.
◦ Align fiscal policy and correctional practices,
including prevention, intervention,
suppression, supervision, and
incapacitation.
◦ Data collection and reporting.
CSA
BSCC

Consistent with Public Safety Realignment
goals:
◦ Improving public safety through cost-effective,
promising, and evidence-based strategies to
manage statewide criminal and juvenile justice
populations.
CSA
BSCC

BSCC retains existing CSA duties
◦
◦
◦
◦

Inspections & Regulations
Grant disbursement
Standards and Training for Corrections
SB 81
Earned some NEW duties
◦
◦
◦
◦
◦
Focus on evidence based programs
Data collection relative to realignment
Gang suppression, intervention and prevention
Collect and analyze CCP data
Absorbed some CalEMA grants
So what DOES the BSCC do?

Creation of Juvenile Team
◦ Rebecca, Toni and Allison

Dedicated resources
So what DOES the BSCC do?
2010-2012 Inspection Cycle Wrap Up
2008-2010 Top Areas
1.
2.
3.
4.
5.
6.
1361 Grievance
Procedure
1324 Policy and
Procedures
1325 Fire and Life
Safety
1371 Recreation &
Exercise
1326 Security
Review
1313 Local
Inspection
1321 Staffing
8. 1354 Segregation
9. 1353 Orientation
10. 1358 Use of
Restraints
11. 1372 Religious
Program
12. 1357 Use of Force
7.
2010-2012 Top Areas of Concern


Process not truly confidential
Timeframes not listed or not reasonable
◦ Youth
◦ Concerns of parents

Grievance and discipline
◦ Minor discipline
◦ Major discipline
What you can do:
 Review policy AND procedures for discipline
and grievance
 Review forms and placement
◦ Are they freely accessible? Are they truly
confidential?
Grievance Procedure Issues

Annual review of manual
◦ Not documented, didn’t happen

Policy doesn’t match procedure and vis
versa
What you can do:
 Formalize review
 Regular staff training
 Self inspections
Policy and Procedures Issues

Missing monthly inspections
◦ This is a self inspection and must be documented.
There should be a corresponding checklist.

Insufficient or Missing Fire Suppression PrePlan
◦ Should be a documentation of meeting with local
fire authorities.
◦ Where to park the truck!!

Lapse in drills
What you can do:
 Work with local fire authority
 Establish safety committee to oversee
inspections and plans
Fire Safety Plan Issues
 Not
being conducted/no
documentation
What you can do:
 Formalize process
Security Review
No posted schedule
 Not meeting regulatory times

What you can do:
 Sit down with all staff (education,
program, youth supervision)
Recreation & Exercise Issues
 Missing
 Insufficient
information
 Outstanding items of noncompliance
◦ Health Inspection issues will affect
suitability
What you can do:
 Remain in contact with department
 Get responses in writing
Local Inspection Issues
Meet staffing ratios, but…

Units left unattended
◦ Youth on room confinement while others are
out of the unit.
◦ Staff called off a unit to help with intake

Required services denied due to
insufficient staffing.
◦ Key symptom: “Well, it depends on staffing” as
a response from youth and staff.
Staffing Issues

Is it ADMINISTRATIVE or DISCIPLINARY?
◦ Administrative segregation prior to disciplinary
segregation
◦ Youth on administrative segregation not
receiving normal privileges (except those
related to the purpose of the segregation)
◦ Includes youth on separate program for
classification purposes

No review available
◦ What is the purpose of the review: to see if
they can return to program or to extend them?
Segregation Issues
Missing recent Title 15 additions
 Agency can’t demonstrate that youth
receive all the relevant information

What you can do:
 Some alternative approaches:
◦
◦
◦
◦
Dedicated orientation unit
Dedicated orientation staff
Checklist
Quiz to reinforce most critical information
Orientation Issues
No clear reason for restraint
Missing hourly reviews
Checks—not actual documented
observation of behavior
 Missing policy on pregnant minors



What you can do:
 Well-designed form can guide staff
through high anxiety situations
 Coordination & communication with
medical and mental health staff
◦ Weekly MDT-Standing agenda item
Use of Restraint Issues
Youth on lock-down during religious
programming
 Quality of “other program activities”
offered to youth who choose not to
participate
 Applies to any religious program, not just
Sunday church service

What you can do:
 Review/audit alternative programming
Religious Program Issues
No clear definition of force
 Lack of standardized reporting
 Lack of administrative review
 Not including policy for pregnant minors

What you can do:
 Training
 Ongoing review of policy and procedure
 Ensure administrative review
◦ Team approach
Use of Force Issues
QUESTIONS?
Juvenile Detention Profile Survey
7 Honored for Helping
Crash Victims in Front of
San Luis Obispo County
Juvenile Hall
Seven county employees received honors from the SLO
County BOS for their swift action in helping people who were
hurt in a traffic accident outside Juvenile Hall on Jan. 7.
The board commended juvenile services officers Martin
Meraz, Denise Dufrene, and Kyle Owens; correctional
technician Amy King; supervising deputy probation officer
Kyle Nancolas; physician’s assistant Pam Beaumont; and
mental health therapist Jim Pearce.
Sacramento Youth
Detention Facility
Receives National Award
The Council of Juvenile Correctional
Administrators (CJCA) announced that
Sacramento County’s Probation Department was
selected as the winner of a national award for
extraordinary improvement to juvenile
detention facility quality of life and operations
by using performance-based standards (PbS).
San Bernardino’s
Gateway Program Earns
National Honors
On July 15, Gateway earned a national
achievement award from the National
Association of Counties.
The recidivism rate for juveniles in the
program is much lower compared to the
state's re-offense rate. Recidivism is at
36.5% for the Probation Department in
contrast to 80% for the state juvenile
justice system.
Dot Jones is nominated in the Outstanding Guest Actress In A
Comedy Series category for her role as Coach Shannon Beiste
on the FOX series "Glee." The Hilmar native transferred to
Fresno State in 1984 after spending two years at Modesto Junior
College.
Hall
She worked at the Fresno County Juvenile
after graduating from college.
9636
10000
9000
8000
9246 8826
9046
7513
7475
7000
6000
9001
9068
8831
8614
8011
7273
7692
7757
7470
6698
7093
5000
6379
4000
6605
6019
3000
2000
1000
0
High
Day
2002 2003
2004 2005
2006 2007
2008 2009
Bookings
Ten year reductions
2010
2011
Juvenile Incarceration Rate and Median Income
(2011)
82K-105K
2.33
61K-76K
2.93
Juvenile
Incarceration
Rate
45K - 59K
3.74
0
0.5
1
1.5
2
2.5
3
3.5
4
What does $$ have to do with it?
COUNTY A
COUNTY B
Number of juveniles,
ages 10 – 17:


Median Income:

Median Income:

Juvenile Hall ADP:

Juvenile Hall ADP:

31,007
$76,100
33.83
Number of juveniles,
ages 10 – 17:
32,646
$73,300
100.41
You do the analysis!
COUNTY A

Number of
bookings/month:
62.66




# of direct file
bookings/month: 1.6
Probation Budget:

$24 million
Digging Deeper
Number of
bookings/month:
151.5
# of 777
bookings/month:
27.16

COUNTY B
# of 777
bookings/month:
48.83

#of direct file
bookings/month: 1
Probation Budget:
$42 million
What else
would you
want to
know?
Medi Cal and the Affordable Health
Care Act
Dr. Steven Rosenberg & Nancy Torrey
Community Oriented Correctional Health Services
(COCHS)
Medical issues in juvenile detention
facilities
Dr. Carrick Adam
Death In Custody
What you need to know:
Section 1341 Death & Serious
Illness or Injury of a Minor
Report to DOJ & BSCC
Medical And Operational Review
Deaths, Suicide Attempts, Suicide
Prevention
 Notification Of The Juvenile Court And
The Parent, Guardian



 Government
Code Section 12525
◦ DOJ - Statistics
(916) 227-3545
◦ BSCC – Written Statement
Facts surrounding the case
Section 1341
 Purpose
 Medical
And Operational Review
 Facility
Administrator, Health
Administrator, Responsible
Physician, Health Care and
Supervision Staff who are relevant to
the incident
Section 1341
QUESTIONS?
Youth in Adult Court Holding Facilities:
Probation’s Responsibility
What you need to know:
 Is
separation required?
◦ Adult Court Jurisdiction
NO-JJDPA
YES-State WIC
◦ Juvenile Court Jurisdiction
YES-JJDPA & WIC
Separation Requirements

Sheriff’s Department is accountable and
inspected for:
◦ Separation
 Including entrance and exit from
holding areas.
◦ Safety Checks
 30 minutes.
◦ Classification Plan
 Information about the youth’s risk of
harm to self or others must be shared.
Title 15 Requirements (Adult)
 Dry
Cells?
 Food or snacks available?
 What has probation agreed to?
 Transportation?
Other Areas of Consideration
 Written
agreement between
departments.
◦ Who is responsible for supervision
of youth?
Why Does Probation Care?
QUESTIONS?
Juvenile Regulations Revision
2011-2013
November, 2011
◦ ESC met to review comments and
provide direction to workgroups
 January-February 2012
◦ Workgroups Met
 Administration
 Classification
 Programs
 Education
 Health
 Title 24 (Physical Plant)

Revision Timeline
 April,
2012
◦ Workgroup Chairs presented
proposed regulations to ESC
 May, 2012
◦ CSA Board approved proposed
regulations
Revision Timeline
 Some
general clean up:
◦ Replacing “minor” with “youth”
◦ Change CSA to BSCC
◦ Some grammar geek stuff
◦ Develop “and implement” policy
and procedure.
Proposed Regulation Revisions

Couple important new ones to amplify
other regulations:
◦ Clergy (§1372)
◦ Exigent (§1321, Staffing)
◦ Gender expression, gender identity,
sexual orientation, transgender
youth(§1352)
◦ Non-school day (§1371)
◦ Separation (§1354)
◦ Special Visits (§1374)
◦ SB 81/construction related
1302, Definitions
Revised definitions
◦ IEP
◦ Living unit
 Removed language about permanent
barrier
◦ Psychotropic medication
 Deleted some
◦ Intensive supervision unit
◦ Licensed health care personnel

Definitions, continued
 Strike
out “asleep” and specify ratios
when youth are “confined to their
room for the purpose of sleeping.”
 Clarify that other staff, e.g.,
administration, supervision, etc., are
not considered youth supervision
staff.
 Defined exigent.
Section 1321, Staffing
Section 1324, Policy and Procedure
Manual
◦ Biennial, as opposed to ANNUAL review.
 Section 1328, Safety Checks
◦ Clarifies safety checks while in holding
cells and confined to bed in dormitory.
◦ Clarifies that checks are documented at
the actual time the check is completed.

P&P, Safety Checks


NEW REGULATION!
Intended for both custody and health staff—
encouraging collaboration and cross training.
Includes:
◦ Training
◦ Screening for suicide risk immediately upon
confinement and prior to housing assignment.
◦ Provisions facilitating communication Guidance on
housing of youth at risk of suicide.
◦ Adequate supervision depending on level of suicide
risk.
◦ Suicide and suicide attempt intervention policies
and procedures.
◦ Provisions for reporting suicides and suicide
attempts.
◦ Critical incident debriefing.
Section 1329, Suicide Prevention
Program
Section 1350, Admittance Procedures
◦ Halls shall have policy and procedure for
advising committed youth of their
estimated length of stay.
 Section 1352, Classification
◦ Provision that youth not be separated
based solely on race, ethnic group
identification, ancestry, national origin,
color, religion, gender, sexual
orientation, gender identity, gender
expression, mental or physical disability,
or HIV status.

Admission and Classification
 Policy
and procedure must address
the reasons for separation:
◦ Medical and mental health
conditions
◦ Assaultive behavior
◦ Disciplinary consequence
◦ Protective custody
 Daily review of separated youth
 New definition
Section 1354, Separation

Section 1357, Use of Force
◦ Add appropriate response if use of force is
ineffective.

Section 1358, Use of Physical Restraints
◦ Reordered to highlight priorities.

Section 1360, Searches
◦ Searches shall, to the extent possible, be
conducted in a manner that preserves the
privacy and dignity of the person being
searched.
◦ Develop policy and procedure for searching
transgender youth.
Use of Force, Restraint, Search

Section 1361, Grievance Procedure
◦ Youth may grieve mistreatment, harassment,
or violations of nondiscrimination policy

Section 1378, Social Awareness Program
◦ Add tolerance and diversity.

Section 1391, Discipline Process
◦ Clean up language
◦ Replace “penalties” with “consequences”
◦ Violations that result in camp removal, but not
return to court, follow due process
Grievance, Discipline, Programs
Inspection of program completed by
someone other than principal or school
staff.
 Clean up of technical language.
 Ensure that movement time foes not
interfere with minimum school time.
 Enrolled in school ASAP, no longer than 3
days.

Section 1370, Education Program
New name!
 Codify intent:

◦ To maximize the time youth are out of their
rooms and not confined to their bed.

Separate out three requirements:
◦ Recreation: one hour daily of unscheduled
activities.
◦ Programs: social awareness programs as
outlined in Section 1378
◦ Exercise: one hour of large muscle exercise
daily.
Section 1371, Recreation, Programs,
and Exercise







Two year policy review
Policy and procedure to address youth who
may have special needs when using showers
or dressing/undressing
Intoxicated youth who are a threat to
themselves or others
Updates provisions for consent (SB 739)
Preventative dental care; annual dental
exams if in the facility more than a year
Lowered caloric intakes; added guidance for
sodium
Shaving: males-daily, females-legs and
underarms weekly
Health, Nutrition and
Environmental Heath Revisions
 Deleted
intensive supervision units
Title 24, Physical Plant Revisions
 PREA
Working Group (?)
 LGBT Working Group
◦ To develop white paper/proposed
regulations
 Post Disposition Commitment
◦ Working group to go over issues
and identify any solutions
Other Action
 Open
public comment period
◦ 45 days long
◦ Two public hearings:
One in Southern California
One in Northern
 New Title 15 final early next year
 Title 24 later in 2013
NEXT STEPS
You all made the regulations revisions
a HUGE success.
THANK YOU!!
Wrap up
Sign sheet for e-mail copies of documents
Allison Ganter, Field Representative
916.323.8617
[email protected]
Toni Gardner, Field Representative
916.322.1638
[email protected]
Rebecca Craig, Field Representative
916.324.2600
[email protected]
Any questions?

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