Gjr2015-2016 Final Report

R1

The 2015-2016 Yuba County Grand Jury recommends that the Sheriff apply to the Board of Supervisors to provide funding and hiring of a full-time psychiatrist that could allow the Jail to work on a mental health treatment and care plan with a focus on work and/or education. The 2015-2016 Yuba County Grand Jury further recommends that the Board of Supervisors approve funding for a full-time psychiatrist. This should be accomplished by the end of the 2016-2017fiscal year. (F1)

R2

The 2015-2016 Yuba County Grand Jury recommends that the Sheriff apply to the Board of Supervisors to provide funding and hiring of a full-time medical doctor that could reduce the pressure on the medical staff and decrease the time it takes to see a doctor or the Family Nurse Practitioner. The 2015-2016 Yuba County Grand Jury further recommends that the Board of Supervisors approve funding for a full-time medical doctor. This should be accomplished by the end of the 2016-2017fiscal year. (F1)

R60-80

patients are seen by the doctor or FNP per week. The doctor advised that he tries to see patients within 24 hours of a submitted medical request slip, but generally it is 48 hours. During interviews, the Grand Jury was advised that a patient with chronic non-emergency complaints may be dropped lower on the list. The Grand Jury interviewed an ex-inmate that had been incarcerated in Yuba County Jail for four months in 2015. This inmate advised they had fallen while working in a Sheriff’s Work Alternative Program (SWAP). The inmate filled out a medical slip to see the doctor. The inmate had filled out four medical slips prior to seeing one of the nurses; not the FNP or the Doctor. The inmate was told that they had soft tissue damage and was given “Aleve” for the pain. They continued to request to see the Doctor or the FNP, and had filled out four more slips and saw two more nurses before finally seeing the FNP. The inmate was told that the Doctor was on vacation and out of the country. The inmate saw the FNP two weeks after the initial injury and was again diagnosed by the FNP with soft tissue damage. They continued to submit medical slips and stated that they had submitted 18 slips in a 28 day period. Copies of the medical slips were provided to the Grand Jury. When the inmate did see the Doctor, it was for another medical issue. He saw the inmates arm and stated it was broken. A portable X-ray machine was brought in and it was determined that there was a radial head fracture. The inmate was then taken to a doctor outside the facility where the arm was set and cast. In addition to the delay in treatment of the arm, the witness stated that they had to argue to obtain the migraine prescription in possession when booked. The Yuba County Jail Manual (1999) states: “No arrestee who is determined to be intoxicated or under the influence of drugs shall be given any medication. If the Booking Officer believes it is necessary for the arrestee to be given the medication, the officer shall refer the person to the nurse or in her absence, transport the person to the hospital or clinic to be seen by a physician.” The Grand Jury cannot speak to this witnesses’ physical or mental state at the time of booking. Had they been under the influence of drugs or alcohol, it would have contributed to the medication being withheld based on the Yuba County Jail Manual. Jail Administration advised the Grand Jury that it is the practice of the Jail to provide a urine test to all inmates believed to be under the influence that are also taking prescription medication. The Grand Jury was informed that there is no written policy on this and Jail Administration has assigned someone to write it up and add it to the Jail Medical Manual. The witness also advised of others that had difficulty getting in to see the doctor. This witness felt that the medical staff does not take the inmates concerns seriously. This ex-inmate was told that the medical staff triage the inmate’s complaints and this inmate was not high on the list. Safety The Grand Jury was informed by Jail Administration that all exits are clearly marked. During a tour, the Grand Jury verified marked exits. There is an automatic fire sprinkler system in the newer side of the jail that is inspected annually. The older side was built in 1962 when a fire sprinkler system was not required and it still falls under the 1962 California Building Codes. The Grand Jury was advised that the Jail Staff practices fire drills monthly. During the tours, it was observed that some of the fire extinguishers had not been serviced for several years. The tags indicated that they had been inspected, but not recharged or serviced by a certified person. A fire hose cabinet appeared to have been painted shut and would not open for one of the Jurors. It was stuck to the point that it took several strong pulls from the Sergeant to break it open. In a follow-up tour, the Grand Jury found that the fire extinguishers were fully charged and correctly annotated and that the fire hose cabinets were cleared of paint and easily opened. Kitchen and Meals Meals are prepared in a large, well equipped kitchen. The inmates are supervised as they fill the trays and place them in a large cabinet on wheels. Once filled, the cabinets are then closed to keep the meals hot. The cabinets are transported by a deputy and one or two inmates to be distributed throughout the jail. The lunch meal seen by the Grand Jury was a full plate that appeared to be nutritionally adequate; with a protein, vegetables, bread and fruit. The Captain advised that Yuba County Jail was the only facility in the state that served three hot meals a day. The cook had recently received a sample breakfast mix that was described by the cook as being nutritious and consisted of potatoes and a vegetable-based protein. The sample was offered it to the tour members as well as to the Captain for critique as the cook hadn’t decided to purchase this yet. The cook stated that it was less expensive than the scrambled eggs and potatoes generally served for breakfast. Exercise Yuba County Sheriff’s Office is recruiting a full time Recreation Aide and has recently acquired numerous pieces of recreational equipment. The Recreation Aide will: develop, plan, coordinate, implement and evaluate inmate recreational activities including sports, games, tournaments, exercise programs, arts and handicrafts; and schedule use of facilities and equipment for those activities. The focus will be on building teamwork and athletic skills. The exercise yards appeared clean and well equipped. The 1962 yard was chain-link covered by plywood that was deteriorating. While it was visually unappealing, the yard appeared secure and effective. The second yard, in the newer part of the building, had concrete walls 18’ or higher with chain link over the top. The Jurors were told that this yard is often used for handball due to the high concrete walls. Both yards had toilets and both are monitored by camera. Both yards and the indoor common areas were equipped with equipment per the Consent Decree. However, some exercise equipment identified by the Consent Decree is no longer available or appropriate for safety reasons. Libraries During the tour, the Grand Jury found that the Law Library is well stocked, kept current and exceeds the guidelines specified in the Consent Decree. There are some books not available in this Library as they are kept in the Jail Captain’s office. The inmates are provided a list and these books are available on request. The Grand Jury was advised that the law library is open 24/7 although only one person is allowed in at a time. An inmate may request a second person for assistance. The Consent Decree mandates that the regular library maintain 300 books on the men’s side and 100 books on the women’s side. The Jail has gone through a number of changes since 1978 and there are no longer two libraries. The integrated library has a large collection that appears to exceed the 400 books outlined in the Consent Decree. Inmates can request certain titles and authors. The Grand Jury was advised that if a book is not available in the library, a request can be made to the deputy assigned to the library, but there is no guarantee that the book will be obtained. Families of the inmates may purchase books for the inmates as well, but the books need to be shipped directly from the publisher to the jail. Vocational/Educational Training There are drug and alcohol counselling programs through Alcoholics Anonymous, Narcotics Anonymous and Alcohol/Chemical Treatment Series (ACTS). A Fathers First program is available as well as spiritual counselling through local church groups. During interviews and tours the Grand Jury was advised that there are several vocational programs: gardening, cooking, and janitorial at this time. A goal of the Jail Administration is to set up a commercial type painting program to be taught by a volunteer professional painter. The Jail Administration informed the Grand Jury that they have a comprehensive GED course taught by an instructor that speaks over 15 languages. This opens the course up to a variety of inmates that may not have a strong command of English. The course provides a 9th through 12th grade curriculum and covers all five Core Requirements: Reading, Writing, Mathematical Reasoning, Science and Social Studies. Supplemental grammar and spelling classes are also offered; these elements are a graded part of the full test. The inmates are provided several practice tests, which helps prepare them for the final exam and allows the instructor to monitor each individual’s learning process. The classes are offered twice a day every weekday and participation is voluntary. An inmate must put in a request to attend and if there are no safety or security issues, they are granted permission. Approximately 52 inmates take advantage of this instruction each week. Per the Jail Administration, the inmates have access to the GED final test, but currently it is only available outside the Jail facilities. The inmate must be transported to the Career Center and a deputy would have to stand-by during the test which takes a total of 6 hours. This stresses the Jail’s staffing and budget, so they try to work with inmates to schedule the test around the time of the inmates release when possible. The Jail Administration also advised that the final exam costs $140.00 and is paid for by the inmate or the inmates’ family. If an inmate is indigent, there are funds available through the Inmate Welfare Fund or AB 109. Jail Administration is hoping to provide GED testing in-house in the future. A number of studies have shown the benefit of providing inmates with an opportunity to earn their GED diploma, which makes this a vital issue to be considered by local, state and national legislators. An article by Matthew Clark in 2014 stated that a 2013 RAND report integrated more than 30 years of previous research on education and recidivism rates. The report states that “inmates who participated in correctional education programs had 43% lower odds of returning to prison than inmates who did not.” (Clark, 2014). It goes on to state that “the odds of an offender finding employment after release from prison was 13% higher for those who participated in academic or vocational programs compared to those who did not.” (Clark, 2014). Another study by John Nuttall (2003) broke down two groups, offenders under the age of 21 and over 21. “Offenders under the age of 21 who earned their GED diploma were 14% less likely to return to prison within three years, while prisoners over 21 were 5% less likely to return to prison after earning a GED diploma. Education in prison systems is an effective way to lower recidivism.” (Nuttal, 2003). The Saline Currier quotes a Saline County, AR, inmate in the GED program "If I learn to do something else ... when I get out, I can do something to benefit myself in a better way than coming back in here," A second inmate concurred, observing that many "people come in here with no kind of education at all," and added that this program "is a blessing ... and we can set goals to achieve." The Grand Jury located a website set up for providing GED testing within a correctional facility. This does not provide free testing as there is a set-up fee and a per student fee. Computers are required for the test, however internet access is not needed (GED Testing, 2014). FINDINGS F1 The 2015-2016 Yuba County Grand Jury finds that the Yuba County Jail has shown considerable improvement in the mental health care being provided to the inmates. They now have two crisis counselors, one part-time and one full-time; two part-time psychiatrists (one available through Tele-psych); and a full-time forensic mental health therapist. The inmates have approximately 100 hours of non-emergency mental health care available to them per week. A Bureau of Justice 2006 report states that 64% of jail inmates throughout the nation have mental health problems. Assuming that this same statistical information applies to the Yuba County Jail; that would be an excess of 200 inmates. With 100 treatment hours available this allows for less than 30 minutes of non- emergency one-on-one mental health counselling/treatment per inmate per week. The Jail has reinstated group counsel sessions which allows more inmates an opportunity for treatment during the week. In November, 2015, Yuba County was awarded a $20 million grant through SB 863. This grant shall be used to build a new annex next to the existing building which will include additional rooms for counselling and classroom instruction. Correctional Officers receive annual training in suicide and suicide prevention, and mental health issues in a jail facility. The Officers also received “Mental Health First Aid” which is an 8 hour training course. During the UC Davis (UCD) presentation to the Grand Jury, UCD advised of two suicide-by-hanging attempts, both suicide attempts were interrupted by other inmates. Prior to each situation each inmate had told UCD that they had asked for mental therapy; they wanted to see a psychiatrist, yet no treatment was offered. With the Realignment Act, some inmates are now being housed for longer periods of time, up to five years. Inmates with mental health issues could benefit from a complete evaluation and a recovery oriented treatment plan (Interpretive Guidelines). In 2015, the Zur Institute wrote that there is no textbook definition of the standard of care in the mental health field. Based on the statistics cited, the 100 hours per week allotted to treatment of mental health issues appears to be inadequate for the number of inmates potentially requiring care. F2 The 2015-2016 Yuba County Grand Jury finds that the Yuba County Jail has increased the number and quality of its medical personnel by hiring a full-time Family Nurse Practitioner (FNP) who will assist the doctor in the care and treatment of inmates. One of the current LVN’s has passed the RN course, has applied for an interim permit and is expected to receive the permit prior to the release of this Grand Jury Report. This interim RN may receive permanent RN status within a few months. The Sheriff has approached the Board of Supervisors and received funding for the Correctional Facility RN pay with the goal of maintaining a valuable employee while increasing the skill, education and experience in the Medical Unit. The doctor stated that he tries to see an inmate within 48 hours of the inmates’ request. The doctor and nurse combined see 60-80 patients a week and it can become difficult for an inmate to get an appointment with the doctor which could cause a delay in treatment. The Grand Jury also interviewed an ex-inmate who states the inmate was miss-diagnosed by several Licensed Vocational Nurses (LVN) and the FNP as having soft tissue damage. It wasn’t until they saw the doctor, 28 days after the initial injury, that the inmate was diagnosed with a radial head fracture. However, in further researching the medical recommendations for this type of injury, the Grand Jury found that the treatment received after the fracture was found was consistent with what the US National Law of Medicine recommended for this type of fracture (US National, 2015). F3 The 2015-2016 Yuba County Grand Jury finds a number of studies have shown the benefit of providing inmates with an opportunity to earn their GED diploma, which makes this a vital issue to be considered by local, state and national legislators. An article by Matthew Clark in 2014 stated that a 2013 RAND report integrated more than 30 years of previous research on education and recidivism rates. The report states that “inmates who participated in correctional education programs had 43% lower odds of returning to prison than inmates who did not.” (Clark, 2014). It goes on to state that “the odds of an offender finding employment after release from prison was 13% higher for those who participated in academic or vocational programs compared to those who did not.” (Clark, 2014). Another study by John Nuttall (2003) broke down two groups, offenders under the age of 21 and over 21. “Offenders under the age of 21 who earned their GED diploma were 14% less likely to return to prison within three years, while prisoners over 21 were 5% less likely to return to prison after earning a GED diploma. Education in prison systems is an effective way to lower recidivism.” (Nuttal, 2003). Yuba County Jail does offer GED courses that cover the five Core Requirements as well as grammar and spelling. They work with inmates to give them an opportunity to obtain their GED certification, however they are unable to provide the GED certification test in- house and it is not always practical to transport an inmate outside the jail and watch over him/her for six hours. The Jail Administration advised the Grand Jury that they are hoping to provide the GED certification exam in-house in the future. RECOMMENDATIONS R1. The 2015-2016 Yuba County Grand Jury recommends that the Sheriff apply to the Board of Supervisors to provide funding and hiring of a full-time psychiatrist that could allow the Jail to work on a mental health treatment and care plan with a focus on work and/or education. The 2015-2016 Yuba County Grand Jury further recommends that the Board of Supervisors approve funding for a full-time psychiatrist. This should be accomplished by the end of the 2016-2017fiscal year. (F1) R2. The 2015-2016 Yuba County Grand Jury recommends that the Sheriff apply to the Board of Supervisors to provide funding and hiring of a full-time medical doctor that could reduce the pressure on the medical staff and decrease the time it takes to see a doctor or the Family Nurse Practitioner. The 2015-2016 Yuba County Grand Jury further recommends that the Board of Supervisors approve funding for a full-time medical doctor. This should be accomplished by the end of the 2016-2017fiscal year. (F1) R3. The 2015-2016 Yuba County Grand Jury recommends that the Sheriff continue to focus on setting up an in-house GED testing program with the goal of implementing such a program within the 2017-2018 fiscal year. (F3) COMMENDATIONS C1. The 2015-2016 Yuba County Grand Jury commends the Yuba County Sheriff, Administration and staff for their cooperation and assistance in providing this Grand Jury the information needed for this report. C2. The 2015-2016 Yuba County Grand Jury commends the Yuba County Sheriff’s Office for increasing and improving the mental health staff. C3. The 2015-2016 Yuba County Grand Jury commends the Yuba County Sheriff’s Office for working with the Board of Supervisors in increasing the number and quality of the medical staff personnel. In addition, the Yuba County Sheriff’s Office has obtained a $20 million grant through SB 863. This Grant will allow the Sheriff to construct a new building that will house a new, larger, medical unit. The 2015-2016 Yuba County Grand Jury additionally commends the Yuba County Sheriff’s Office for working with the Board of Supervisors in re-funding the RN position. C4. The 2015-2016 Yuba County Grand Jury finds that most of the prior 2014-2015 Grand Jury Recommendations have been addressed by; hiring additional personnel, provided additional training, provided the 2015-2016 Grand Jury a copy of the Consent Decree, and obtaining funding to build a new medical and vocational facility. The few Recommendations that were not changed were minor issues. REQUEST FOR RESPONSE Pursuant to Penal Code section 933.05, the grand jury requests responses as follows: From the following individuals: The Yuba County Sheriff on Findings 1-3 and Recommendations 1-3.  From the following governing bodies: The Yuba County Board of Supervisors on Findings 1-3 and Recommendations 1-3.  Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. BIBLIOGRAPHY Appeal Democrat (2009), $20M Grant Recommendation for Yuba County, 11/4/15. Retrieved 11/5/15 from http://www.appeal-democrat.com/news/m-grant-recommended- for-yuba-county-jail/article_cea7f2d6-835a-11e5-aaf8-9fe24ddb1a75.html Associated Press (2009) Immigrants Face Long Detention, Few Rights. Retrieved 11/20/15 from http://www.nbcnews.com/id/29706177/ns/us_news-security/t/immigrants- face-long-detention-few-rights/ Bock, et al. v. County of Sutter, et al., 82 US Courts (2013). Retrieved 11/8/15 from http://www.gpo.gov/fdsys/pkg/USCOURTS-caed-2_11-cv-00536/pdf/USCOURTS-caed- 2_11-cv-00536-12.pdf BSCC (2015), Senate Bill 863, Adult Local Criminal Justice Construction Financing Program Proposal Form, Yuba County. Retrieved 11/4/15 from http://www.bscc.ca.gov/m_construction.php Bureau of Justice (2006) Special Report: Mental Health Problems of Prison and Jail Inmates. Retrieved 1/26/16 from http://www.bjs.gov/content/pub/pdf/mhppji.pdf California Building Code (2010), CA Code of Regulations, Title 24, Part 2, Volume 1 § 1015.1 1. Retrieved 12/28/15 from https://law.resource.org/pub/us/code/bsc.ca.gov/gov.ca.bsc.2010.02.1.html#p348 DOC (2011) California Department of Corrections and Rehabilitation (2011), 2011 Public Safety Realignment. Retrieved 11/8/15 from http://www.cdcr.ca.gov/realignment/docs/Realignment-Fact-Sheet.pdf Clark, M. (2014), Prison Education Programs Threatened, Prison Legal News. Retrieved 3/3/2016 from https://www.prisonlegalnews.org/news/2014/may/19/prison-education- programs-threatened/ Crime Prevention and Corrections, Title 15 CA Code of Regulations. Retrieved 11/4/15 from http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/Title15-2015.pdf Exit Routes and Emergency Planning, Code of Federal Regulations, Title 29: Labor, Subpart E: § 1910.37 (a)(3) and (b)(2). Retrieved 12/27/15 from https://www.gpo.gov/fdsys/pkg/CFR-2015-title29-vol5/pdf/CFR-2015-title29-vol5- sec1910-37.pdf Find Law (no date), Rights of Inmates. Retrieved 1/7/15 from http://civilrights.findlaw.com/other-constitutional-rights/rights-of-inmates.html GED Testing Services (2014), Corrections and the 2014 GED Program. Retrieved 3/3/16 from http://www.gedtestingservice.com/educators/2014corrections Goring, D.C. (1984) Fourth Amendment—Prison Cells: Is there a Right to Privacy, V75, 4, Journal of Criminal Law and Criminology. Retrieved 1/7/15 from http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6436&contex t=jclc Grand Jury Proceedings, 2 CA Penal Code, Part 2, § 3-919(b). Retrieved 11/7/15 from http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001- 01000&file=914-924.6 Hedrick, et al vs. Grant, et al, 130 US Courts (2014). Retrieved 11/7/15 from http://www.gpo.gov/fdsys/pkg/USCOURTS-caed-2_76-cv-00162/pdf/USCOURTS-caed- 2_76-cv-00162-6.pdf Hedrick, et al vs. Grant, et al, Civil S 76-162 TJM (US D.C. E.D. CA. 1978). NY Office of Mental Health (no date) Interpretive Guidelines. Retrieved 1/28/16 from https://www.omh.ny.gov/omhweb/clinic_restructuring/appendix1.html Nuttall, J. (2013), The Effects of Earning a GED Diploma on Recidivism Rates. Retrieved 3/3/16 from http://www.passged.com/media/pdf/research/The_Effect_of_Earning_a_GED_on_Recidi visim_Rates.pdf Public Safety Realignment, AB 109 CA (2013). Retrieved 11/20/15 from http://www.cdcr.ca.gov/realignment/ The Medical Board of California (no date), Medical Assistants. Retrieved 11/20/15 from http://www.mbc.ca.gov/Licensees/Physicians_and_Surgeons/Medical_Assistants/ National Institute on Drug Abuse (2015) Drug Facts: Nationwide Trends. Retrieved 1/26/16 from http://www.drugabuse.gov/publications/drugfacts/nationwide-trends US National Library of Medicine (05/15/14), Radial head fracture. Retrieved 01/22/16 from https://www.nlm.nih.gov/medlineplus/ency/patientinstructions/000561.htm Yuba County Jail Medical Orders (no date), A1-A6 and M1-M59 Yuba County Jail Manual (1999), Prescription Drugs at Intake, Admission and Release, Order #D215. YC Job (2015) Yuba County Job Classification Specification, Executive Assistant. Retrieved 11/14/15 from http://www.co.yuba.ca.us/departments/Personnel/documents/Specifications/E/Executive %20Assistant%20to%20the%20Sheriff%20January%202008.pdf Washington Times (2/25/15), Deportation. Retrieved 11/20/15 from http://www.washingtontimes.com/news/2015/feb/25/dhs-deportation-beds- empty/?page=all Zur, O. (2015). The Standard of Care in Psychotherapy and Counseling: Bringing Clarity to an Illusive Standard. Retrieved 1/28/16 from http://www.zurinstitute.com/standardofcaretherapy.html.

R3

The 2015-2016 Yuba County Grand Jury recommends that the Sheriff continue to focus on setting up an in-house GED testing program with the goal of implementing such a program within the 2017-2018 fiscal year. (F3)

R60-80

patients are seen by the doctor or FNP per week. The doctor advised that he tries to see patients within 24 hours of a submitted medical request slip, but generally it is 48 hours. During interviews, the Grand Jury was advised that a patient with chronic non-emergency complaints may be dropped lower on the list. The Grand Jury interviewed an ex-inmate that had been incarcerated in Yuba County Jail for four months in 2015. This inmate advised they had fallen while working in a Sheriff’s Work Alternative Program (SWAP). The inmate filled out a medical slip to see the doctor. The inmate had filled out four medical slips prior to seeing one of the nurses; not the FNP or the Doctor. The inmate was told that they had soft tissue damage and was given “Aleve” for the pain. They continued to request to see the Doctor or the FNP, and had filled out four more slips and saw two more nurses before finally seeing the FNP. The inmate was told that the Doctor was on vacation and out of the country. The inmate saw the FNP two weeks after the initial injury and was again diagnosed by the FNP with soft tissue damage. They continued to submit medical slips and stated that they had submitted 18 slips in a 28 day period. Copies of the medical slips were provided to the Grand Jury. When the inmate did see the Doctor, it was for another medical issue. He saw the inmates arm and stated it was broken. A portable X-ray machine was brought in and it was determined that there was a radial head fracture. The inmate was then taken to a doctor outside the facility where the arm was set and cast. In addition to the delay in treatment of the arm, the witness stated that they had to argue to obtain the migraine prescription in possession when booked. The Yuba County Jail Manual (1999) states: “No arrestee who is determined to be intoxicated or under the influence of drugs shall be given any medication. If the Booking Officer believes it is necessary for the arrestee to be given the medication, the officer shall refer the person to the nurse or in her absence, transport the person to the hospital or clinic to be seen by a physician.” The Grand Jury cannot speak to this witnesses’ physical or mental state at the time of booking. Had they been under the influence of drugs or alcohol, it would have contributed to the medication being withheld based on the Yuba County Jail Manual. Jail Administration advised the Grand Jury that it is the practice of the Jail to provide a urine test to all inmates believed to be under the influence that are also taking prescription medication. The Grand Jury was informed that there is no written policy on this and Jail Administration has assigned someone to write it up and add it to the Jail Medical Manual. The witness also advised of others that had difficulty getting in to see the doctor. This witness felt that the medical staff does not take the inmates concerns seriously. This ex-inmate was told that the medical staff triage the inmate’s complaints and this inmate was not high on the list. Safety The Grand Jury was informed by Jail Administration that all exits are clearly marked. During a tour, the Grand Jury verified marked exits. There is an automatic fire sprinkler system in the newer side of the jail that is inspected annually. The older side was built in 1962 when a fire sprinkler system was not required and it still falls under the 1962 California Building Codes. The Grand Jury was advised that the Jail Staff practices fire drills monthly. During the tours, it was observed that some of the fire extinguishers had not been serviced for several years. The tags indicated that they had been inspected, but not recharged or serviced by a certified person. A fire hose cabinet appeared to have been painted shut and would not open for one of the Jurors. It was stuck to the point that it took several strong pulls from the Sergeant to break it open. In a follow-up tour, the Grand Jury found that the fire extinguishers were fully charged and correctly annotated and that the fire hose cabinets were cleared of paint and easily opened. Kitchen and Meals Meals are prepared in a large, well equipped kitchen. The inmates are supervised as they fill the trays and place them in a large cabinet on wheels. Once filled, the cabinets are then closed to keep the meals hot. The cabinets are transported by a deputy and one or two inmates to be distributed throughout the jail. The lunch meal seen by the Grand Jury was a full plate that appeared to be nutritionally adequate; with a protein, vegetables, bread and fruit. The Captain advised that Yuba County Jail was the only facility in the state that served three hot meals a day. The cook had recently received a sample breakfast mix that was described by the cook as being nutritious and consisted of potatoes and a vegetable-based protein. The sample was offered it to the tour members as well as to the Captain for critique as the cook hadn’t decided to purchase this yet. The cook stated that it was less expensive than the scrambled eggs and potatoes generally served for breakfast. Exercise Yuba County Sheriff’s Office is recruiting a full time Recreation Aide and has recently acquired numerous pieces of recreational equipment. The Recreation Aide will: develop, plan, coordinate, implement and evaluate inmate recreational activities including sports, games, tournaments, exercise programs, arts and handicrafts; and schedule use of facilities and equipment for those activities. The focus will be on building teamwork and athletic skills. The exercise yards appeared clean and well equipped. The 1962 yard was chain-link covered by plywood that was deteriorating. While it was visually unappealing, the yard appeared secure and effective. The second yard, in the newer part of the building, had concrete walls 18’ or higher with chain link over the top. The Jurors were told that this yard is often used for handball due to the high concrete walls. Both yards had toilets and both are monitored by camera. Both yards and the indoor common areas were equipped with equipment per the Consent Decree. However, some exercise equipment identified by the Consent Decree is no longer available or appropriate for safety reasons. Libraries During the tour, the Grand Jury found that the Law Library is well stocked, kept current and exceeds the guidelines specified in the Consent Decree. There are some books not available in this Library as they are kept in the Jail Captain’s office. The inmates are provided a list and these books are available on request. The Grand Jury was advised that the law library is open 24/7 although only one person is allowed in at a time. An inmate may request a second person for assistance. The Consent Decree mandates that the regular library maintain 300 books on the men’s side and 100 books on the women’s side. The Jail has gone through a number of changes since 1978 and there are no longer two libraries. The integrated library has a large collection that appears to exceed the 400 books outlined in the Consent Decree. Inmates can request certain titles and authors. The Grand Jury was advised that if a book is not available in the library, a request can be made to the deputy assigned to the library, but there is no guarantee that the book will be obtained. Families of the inmates may purchase books for the inmates as well, but the books need to be shipped directly from the publisher to the jail. Vocational/Educational Training There are drug and alcohol counselling programs through Alcoholics Anonymous, Narcotics Anonymous and Alcohol/Chemical Treatment Series (ACTS). A Fathers First program is available as well as spiritual counselling through local church groups. During interviews and tours the Grand Jury was advised that there are several vocational programs: gardening, cooking, and janitorial at this time. A goal of the Jail Administration is to set up a commercial type painting program to be taught by a volunteer professional painter. The Jail Administration informed the Grand Jury that they have a comprehensive GED course taught by an instructor that speaks over 15 languages. This opens the course up to a variety of inmates that may not have a strong command of English. The course provides a 9th through 12th grade curriculum and covers all five Core Requirements: Reading, Writing, Mathematical Reasoning, Science and Social Studies. Supplemental grammar and spelling classes are also offered; these elements are a graded part of the full test. The inmates are provided several practice tests, which helps prepare them for the final exam and allows the instructor to monitor each individual’s learning process. The classes are offered twice a day every weekday and participation is voluntary. An inmate must put in a request to attend and if there are no safety or security issues, they are granted permission. Approximately 52 inmates take advantage of this instruction each week. Per the Jail Administration, the inmates have access to the GED final test, but currently it is only available outside the Jail facilities. The inmate must be transported to the Career Center and a deputy would have to stand-by during the test which takes a total of 6 hours. This stresses the Jail’s staffing and budget, so they try to work with inmates to schedule the test around the time of the inmates release when possible. The Jail Administration also advised that the final exam costs $140.00 and is paid for by the inmate or the inmates’ family. If an inmate is indigent, there are funds available through the Inmate Welfare Fund or AB 109. Jail Administration is hoping to provide GED testing in-house in the future. A number of studies have shown the benefit of providing inmates with an opportunity to earn their GED diploma, which makes this a vital issue to be considered by local, state and national legislators. An article by Matthew Clark in 2014 stated that a 2013 RAND report integrated more than 30 years of previous research on education and recidivism rates. The report states that “inmates who participated in correctional education programs had 43% lower odds of returning to prison than inmates who did not.” (Clark, 2014). It goes on to state that “the odds of an offender finding employment after release from prison was 13% higher for those who participated in academic or vocational programs compared to those who did not.” (Clark, 2014). Another study by John Nuttall (2003) broke down two groups, offenders under the age of 21 and over 21. “Offenders under the age of 21 who earned their GED diploma were 14% less likely to return to prison within three years, while prisoners over 21 were 5% less likely to return to prison after earning a GED diploma. Education in prison systems is an effective way to lower recidivism.” (Nuttal, 2003). The Saline Currier quotes a Saline County, AR, inmate in the GED program "If I learn to do something else ... when I get out, I can do something to benefit myself in a better way than coming back in here," A second inmate concurred, observing that many "people come in here with no kind of education at all," and added that this program "is a blessing ... and we can set goals to achieve." The Grand Jury located a website set up for providing GED testing within a correctional facility. This does not provide free testing as there is a set-up fee and a per student fee. Computers are required for the test, however internet access is not needed (GED Testing, 2014). FINDINGS F1 The 2015-2016 Yuba County Grand Jury finds that the Yuba County Jail has shown considerable improvement in the mental health care being provided to the inmates. They now have two crisis counselors, one part-time and one full-time; two part-time psychiatrists (one available through Tele-psych); and a full-time forensic mental health therapist. The inmates have approximately 100 hours of non-emergency mental health care available to them per week. A Bureau of Justice 2006 report states that 64% of jail inmates throughout the nation have mental health problems. Assuming that this same statistical information applies to the Yuba County Jail; that would be an excess of 200 inmates. With 100 treatment hours available this allows for less than 30 minutes of non- emergency one-on-one mental health counselling/treatment per inmate per week. The Jail has reinstated group counsel sessions which allows more inmates an opportunity for treatment during the week. In November, 2015, Yuba County was awarded a $20 million grant through SB 863. This grant shall be used to build a new annex next to the existing building which will include additional rooms for counselling and classroom instruction. Correctional Officers receive annual training in suicide and suicide prevention, and mental health issues in a jail facility. The Officers also received “Mental Health First Aid” which is an 8 hour training course. During the UC Davis (UCD) presentation to the Grand Jury, UCD advised of two suicide-by-hanging attempts, both suicide attempts were interrupted by other inmates. Prior to each situation each inmate had told UCD that they had asked for mental therapy; they wanted to see a psychiatrist, yet no treatment was offered. With the Realignment Act, some inmates are now being housed for longer periods of time, up to five years. Inmates with mental health issues could benefit from a complete evaluation and a recovery oriented treatment plan (Interpretive Guidelines). In 2015, the Zur Institute wrote that there is no textbook definition of the standard of care in the mental health field. Based on the statistics cited, the 100 hours per week allotted to treatment of mental health issues appears to be inadequate for the number of inmates potentially requiring care. F2 The 2015-2016 Yuba County Grand Jury finds that the Yuba County Jail has increased the number and quality of its medical personnel by hiring a full-time Family Nurse Practitioner (FNP) who will assist the doctor in the care and treatment of inmates. One of the current LVN’s has passed the RN course, has applied for an interim permit and is expected to receive the permit prior to the release of this Grand Jury Report. This interim RN may receive permanent RN status within a few months. The Sheriff has approached the Board of Supervisors and received funding for the Correctional Facility RN pay with the goal of maintaining a valuable employee while increasing the skill, education and experience in the Medical Unit. The doctor stated that he tries to see an inmate within 48 hours of the inmates’ request. The doctor and nurse combined see 60-80 patients a week and it can become difficult for an inmate to get an appointment with the doctor which could cause a delay in treatment. The Grand Jury also interviewed an ex-inmate who states the inmate was miss-diagnosed by several Licensed Vocational Nurses (LVN) and the FNP as having soft tissue damage. It wasn’t until they saw the doctor, 28 days after the initial injury, that the inmate was diagnosed with a radial head fracture. However, in further researching the medical recommendations for this type of injury, the Grand Jury found that the treatment received after the fracture was found was consistent with what the US National Law of Medicine recommended for this type of fracture (US National, 2015). F3 The 2015-2016 Yuba County Grand Jury finds a number of studies have shown the benefit of providing inmates with an opportunity to earn their GED diploma, which makes this a vital issue to be considered by local, state and national legislators. An article by Matthew Clark in 2014 stated that a 2013 RAND report integrated more than 30 years of previous research on education and recidivism rates. The report states that “inmates who participated in correctional education programs had 43% lower odds of returning to prison than inmates who did not.” (Clark, 2014). It goes on to state that “the odds of an offender finding employment after release from prison was 13% higher for those who participated in academic or vocational programs compared to those who did not.” (Clark, 2014). Another study by John Nuttall (2003) broke down two groups, offenders under the age of 21 and over 21. “Offenders under the age of 21 who earned their GED diploma were 14% less likely to return to prison within three years, while prisoners over 21 were 5% less likely to return to prison after earning a GED diploma. Education in prison systems is an effective way to lower recidivism.” (Nuttal, 2003). Yuba County Jail does offer GED courses that cover the five Core Requirements as well as grammar and spelling. They work with inmates to give them an opportunity to obtain their GED certification, however they are unable to provide the GED certification test in- house and it is not always practical to transport an inmate outside the jail and watch over him/her for six hours. The Jail Administration advised the Grand Jury that they are hoping to provide the GED certification exam in-house in the future. RECOMMENDATIONS R1. The 2015-2016 Yuba County Grand Jury recommends that the Sheriff apply to the Board of Supervisors to provide funding and hiring of a full-time psychiatrist that could allow the Jail to work on a mental health treatment and care plan with a focus on work and/or education. The 2015-2016 Yuba County Grand Jury further recommends that the Board of Supervisors approve funding for a full-time psychiatrist. This should be accomplished by the end of the 2016-2017fiscal year. (F1) R2. The 2015-2016 Yuba County Grand Jury recommends that the Sheriff apply to the Board of Supervisors to provide funding and hiring of a full-time medical doctor that could reduce the pressure on the medical staff and decrease the time it takes to see a doctor or the Family Nurse Practitioner. The 2015-2016 Yuba County Grand Jury further recommends that the Board of Supervisors approve funding for a full-time medical doctor. This should be accomplished by the end of the 2016-2017fiscal year. (F1) R3. The 2015-2016 Yuba County Grand Jury recommends that the Sheriff continue to focus on setting up an in-house GED testing program with the goal of implementing such a program within the 2017-2018 fiscal year. (F3) COMMENDATIONS C1. The 2015-2016 Yuba County Grand Jury commends the Yuba County Sheriff, Administration and staff for their cooperation and assistance in providing this Grand Jury the information needed for this report. C2. The 2015-2016 Yuba County Grand Jury commends the Yuba County Sheriff’s Office for increasing and improving the mental health staff. C3. The 2015-2016 Yuba County Grand Jury commends the Yuba County Sheriff’s Office for working with the Board of Supervisors in increasing the number and quality of the medical staff personnel. In addition, the Yuba County Sheriff’s Office has obtained a $20 million grant through SB 863. This Grant will allow the Sheriff to construct a new building that will house a new, larger, medical unit. The 2015-2016 Yuba County Grand Jury additionally commends the Yuba County Sheriff’s Office for working with the Board of Supervisors in re-funding the RN position. C4. The 2015-2016 Yuba County Grand Jury finds that most of the prior 2014-2015 Grand Jury Recommendations have been addressed by; hiring additional personnel, provided additional training, provided the 2015-2016 Grand Jury a copy of the Consent Decree, and obtaining funding to build a new medical and vocational facility. The few Recommendations that were not changed were minor issues. REQUEST FOR RESPONSE Pursuant to Penal Code section 933.05, the grand jury requests responses as follows: From the following individuals: The Yuba County Sheriff on Findings 1-3 and Recommendations 1-3.  From the following governing bodies: The Yuba County Board of Supervisors on Findings 1-3 and Recommendations 1-3.  Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. BIBLIOGRAPHY Appeal Democrat (2009), $20M Grant Recommendation for Yuba County, 11/4/15. Retrieved 11/5/15 from http://www.appeal-democrat.com/news/m-grant-recommended- for-yuba-county-jail/article_cea7f2d6-835a-11e5-aaf8-9fe24ddb1a75.html Associated Press (2009) Immigrants Face Long Detention, Few Rights. Retrieved 11/20/15 from http://www.nbcnews.com/id/29706177/ns/us_news-security/t/immigrants- face-long-detention-few-rights/ Bock, et al. v. County of Sutter, et al., 82 US Courts (2013). Retrieved 11/8/15 from http://www.gpo.gov/fdsys/pkg/USCOURTS-caed-2_11-cv-00536/pdf/USCOURTS-caed- 2_11-cv-00536-12.pdf BSCC (2015), Senate Bill 863, Adult Local Criminal Justice Construction Financing Program Proposal Form, Yuba County. Retrieved 11/4/15 from http://www.bscc.ca.gov/m_construction.php Bureau of Justice (2006) Special Report: Mental Health Problems of Prison and Jail Inmates. Retrieved 1/26/16 from http://www.bjs.gov/content/pub/pdf/mhppji.pdf California Building Code (2010), CA Code of Regulations, Title 24, Part 2, Volume 1 § 1015.1 1. Retrieved 12/28/15 from https://law.resource.org/pub/us/code/bsc.ca.gov/gov.ca.bsc.2010.02.1.html#p348 DOC (2011) California Department of Corrections and Rehabilitation (2011), 2011 Public Safety Realignment. Retrieved 11/8/15 from http://www.cdcr.ca.gov/realignment/docs/Realignment-Fact-Sheet.pdf Clark, M. (2014), Prison Education Programs Threatened, Prison Legal News. Retrieved 3/3/2016 from https://www.prisonlegalnews.org/news/2014/may/19/prison-education- programs-threatened/ Crime Prevention and Corrections, Title 15 CA Code of Regulations. Retrieved 11/4/15 from http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/Title15-2015.pdf Exit Routes and Emergency Planning, Code of Federal Regulations, Title 29: Labor, Subpart E: § 1910.37 (a)(3) and (b)(2). Retrieved 12/27/15 from https://www.gpo.gov/fdsys/pkg/CFR-2015-title29-vol5/pdf/CFR-2015-title29-vol5- sec1910-37.pdf Find Law (no date), Rights of Inmates. Retrieved 1/7/15 from http://civilrights.findlaw.com/other-constitutional-rights/rights-of-inmates.html GED Testing Services (2014), Corrections and the 2014 GED Program. Retrieved 3/3/16 from http://www.gedtestingservice.com/educators/2014corrections Goring, D.C. (1984) Fourth Amendment—Prison Cells: Is there a Right to Privacy, V75, 4, Journal of Criminal Law and Criminology. Retrieved 1/7/15 from http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6436&contex t=jclc Grand Jury Proceedings, 2 CA Penal Code, Part 2, § 3-919(b). Retrieved 11/7/15 from http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001- 01000&file=914-924.6 Hedrick, et al vs. Grant, et al, 130 US Courts (2014). Retrieved 11/7/15 from http://www.gpo.gov/fdsys/pkg/USCOURTS-caed-2_76-cv-00162/pdf/USCOURTS-caed- 2_76-cv-00162-6.pdf Hedrick, et al vs. Grant, et al, Civil S 76-162 TJM (US D.C. E.D. CA. 1978). NY Office of Mental Health (no date) Interpretive Guidelines. Retrieved 1/28/16 from https://www.omh.ny.gov/omhweb/clinic_restructuring/appendix1.html Nuttall, J. (2013), The Effects of Earning a GED Diploma on Recidivism Rates. Retrieved 3/3/16 from http://www.passged.com/media/pdf/research/The_Effect_of_Earning_a_GED_on_Recidi visim_Rates.pdf Public Safety Realignment, AB 109 CA (2013). Retrieved 11/20/15 from http://www.cdcr.ca.gov/realignment/ The Medical Board of California (no date), Medical Assistants. Retrieved 11/20/15 from http://www.mbc.ca.gov/Licensees/Physicians_and_Surgeons/Medical_Assistants/ National Institute on Drug Abuse (2015) Drug Facts: Nationwide Trends. Retrieved 1/26/16 from http://www.drugabuse.gov/publications/drugfacts/nationwide-trends US National Library of Medicine (05/15/14), Radial head fracture. Retrieved 01/22/16 from https://www.nlm.nih.gov/medlineplus/ency/patientinstructions/000561.htm Yuba County Jail Medical Orders (no date), A1-A6 and M1-M59 Yuba County Jail Manual (1999), Prescription Drugs at Intake, Admission and Release, Order #D215. YC Job (2015) Yuba County Job Classification Specification, Executive Assistant. Retrieved 11/14/15 from http://www.co.yuba.ca.us/departments/Personnel/documents/Specifications/E/Executive %20Assistant%20to%20the%20Sheriff%20January%202008.pdf Washington Times (2/25/15), Deportation. Retrieved 11/20/15 from http://www.washingtontimes.com/news/2015/feb/25/dhs-deportation-beds- empty/?page=all Zur, O. (2015). The Standard of Care in Psychotherapy and Counseling: Bringing Clarity to an Illusive Standard. Retrieved 1/28/16 from http://www.zurinstitute.com/standardofcaretherapy.html.

R4

The 2015-2016 Grand Jury recommends that MJUSD ensure proper training is provided for the technicians responsible for the HVAC system. This is to be implemented immediately. (F4)

R5

The 2015-2016 Grand Jury recommends that MJUSD ensures that the projects of replacing the HVAC system for Lindhurst High School is completed.  The gym, locker room and classrooms in Building E to be started by September 1, 2016 and completed by March, 2017. (F5)