San Bernardino County Grand Jury • 2011-2012

N T Y of SAN Bern a R D

Published: July 12, 2012 64 pages
Ver PDF original

Note: Missing finding numbers detected: F16, F17

Findings and Recommendations 16 findings

F1
Denied white roll exchanged None; met Title 15
Related Recommendations (2)
R12-24
All cities and towns, not currently utilizing the available federal resources are encouraged to evaluate the use of CERT trailers and the benefits to their citizens to enhance their response in a disaster management. (Finding 1)
R12-27
Renovate, repair and clean the facility. This is to include replacement of floor tiles and stained/broken ceiling tiles; fix exposed wiring and uncovered electrical cords. (Finding 1)
F2
Missing phone time The time left on phone card was accurate
Related Recommendations (2)
R12-25
The County use all due diligence to hire a qualified full-time Emergency Manager to handle the duties of emergency management to ensure that San Bernardino County remains ready in the critical arena of Disaster Preparedness. (Finding 2)
R12-28
Replace workstations and chairs for those that have been ergonomically designed for duration and detailed work. (Finding 2)
F3
Waited 12 hours for medical Reminded nurse to check waiting area often when busy
Related Recommendations (2)
R12-26
The County consider a revision to their homepage to become more user-friendly to the average citizen seeking to obtain Emergency Planning Documents, including the Family Disaster Plan and other valuable guides and critical information. (Finding 3)
R12-29
Complete the protocols and distribute the breathalyzers for immediate distribution and use. (Finding 3)
F4
Constraints were too tight & not loosened The constraints were within policy; inmate was a security risk
Related Recommendations (1)
R12-30
Fix, replace or dispose of out-of-service equipment. (Finding 4)
F5
Seen by Mental Health denied services Determined to not need meds; was evaluated by Mental Health on 2 occasions, 10 days apart
No recommendations for this finding
F6
Felt property was taken without cause Unsubstantiated; inmate did not clean up; property put in proper bin
Related Recommendations (4)
R6
12-32 Locate or store historical (case) files in a protected area or in secure containers. (Finding 6) 83 12-33 Develop and implement procedures for purging and archiving case files. (Finding
R12-31
Secure the door of the room containing live ammunition when not in use. (Finding 6)
R12-32
Locate or store historical (case) files in a protected area or in secure containers. (Finding 6) 83
R12-33
Develop and implement procedures for purging and archiving case files. (Finding 6)
F7
Inmate roof of mouth burned by hot food Inmate instructed to blow on food to cool; offered medical services; declined
Related Recommendations (1)
R12-34
Process crime scene vehicles in an adequately spaced enclosed area to remove workplace hazards and control possible cross-contamination. (Finding 7)
F8
Inmate felt intake evaluation points did Another volunteer clergy was scheduled to C not require maximum security; not enough block inmates; inmate status remained the same religious contact & materials available
Related Recommendations (1)
R12-35
With the assistance of the Office of District Attorney, develop and implement procedures for disposal of processed vehicles to ensure disposal on a periodic basis. (Finding 8)
F9
Grieved improper discipline After investigation, discipline upheld
Related Recommendations (1)
R12-36
The Sheriff request that Risk Management conduct an ergonomic evaluation of the workspaces and furniture for Specialists. (Finding 9)
F10
Inmate grieved not receiving pain Was scheduled for medication review within 24 medications as prescribed hours
Related Recommendations (1)
R12-37
The Sheriff to request that Risk Management conduct an immediate Risk/Hazard Assessment evaluation of the SID facility. (Finding 10)
F11
Contesting discipline for not working Found that it was for “poor work” not no work and adjusted discipline from 40‐10 days loss of good work days
Related Recommendations (1)
R12-38
The SID CalOSHA 300 Logs must be completed and maintained in compliance with State regulations. (Finding 11)
F12
Inmate grieved that sentence was for CDC is primarily a pre‐sentence facility GHRC, wanted CDC closer to home; no $ to get home once released; wanted to be transported to CDC upon release
No recommendations for this finding
F13
Grieved improper medical care by LVN for Was seen by RN within 24 hours; LVN cannot headache provide independent medical care
No recommendations for this finding
F14
Wanted to move back to Dorm 1 from The housing was determined to be within the Dorm 2, due to fear and intimidation policies
No recommendations for this finding
F15
Inmate’s friend was questioned about Deputy discussed with inmate that sometimes amount of deposit – why? inmates are forced by others to have $ deposited for extortion Total Complaints reviewed: 15 Total Complaints during past five months: 64 51 MAJOR INCIDENTS: TYPES RESOLUTIONS Battery, serious bodily injury No changes – victim denied – DA filed Possession of controlled substance in a jail To DA for review and filing Battery – hands and feet Case cleared by exceptional means; no prosecution Assault likely to produce great injury Battery on peace officer To DA for review and filing Vandalism Forward to DA Burglary Case cleared by exceptional means ‐ DA Battery Arrest – to DA for filing Telephone theft regarding pin numbers Cleared by investigation; no prosecution Incident – theft of access card or information Station file only Drug paraphernalia DA for filing Battery Victim does not desire prosecution Possession of heroin Ongoing – forward to SBSD Narcotics Battery Cleared by exceptional means Battery Forward to DA for review and filing Battery with serious bodily injury Case pending further leads Battery Station file only Misc. incident – work crew Station file only Riot – racial 50‐60 involved Station file only Possession of controlled substance in jail Unable to prove – cleared by exceptional means Total Complaints reviewed: 20 Total Complaints during past five quarters: 65 52 POLICIES AND OPERATIONS MANUALS Review the following sections, making notes of each: Inmate Grievances: Policies for Inmate Programs and Services, Article 6. 1061 – 1073 included Inmate grievance procedures. This was found minimum standards for local detention centers. Citizen Complaints: All citizen complaints are accepted and logged at GHRC then forwarded to Internal Affairs for investigation and action, if necessary. Major Incidents: Policies for incidents reports included in minimum standards for local detention facilities. OBTAIN A COPY OF THE TABLE OF CONTENTS OF THE MANUAL(S) Copies of Table of Contents for policy manuals were provided to the Grand Jury and reviewed. SITE TOUR AREA INSPECTED/REVIEWED (Please Check) QUALITY OF LIFE PROGRAMS PERSONS INTERVIEWED X Physical Plan X Educational Inmates ‐ None X Meals/Nutrition X Vocational X Facility Manager‐Captain X Mental Health Community Services Medical X Physical/Dental Health X Domestic Violence School Staff No dental X Religious Services Victim/Gang Awareness Mental Health Staff X Visiting X Substance Abuse Line Staff X Volunteer Involvement Other Food Services Staff None Other Other Any additional information/notes: This facility operates the Work Release Program for the Sheriff’s Department. This includes the Court ordered sentence for one to five days a week of manual labor under local government supervision, where crews clean up parks and highways/freeways shoulders. Also, under the Work Release Program is the Electronic (“E”) Monitoring Program, which requires inmates, in lieu of custody time to be under house arrest from 6:00 pm to 5:00 am. The “E” monitoring program is self‐sufficient in that the participant pays up to $15.00 per day for the equipment and services, as approved by the Board of Supervisors. This allows the participant to live at home and maintain employment. The Sheriff’s Office checks one time to verity the home address. The equipment is owned by the company who conducts 24‐hour monitoring. Over the last year and a half there have been 25 alert alarms that were over four hours and only one alert that resulted in an escape. Note the following items as you tour the facility:  Condition of the exterior and interior of the building noting graffiti, peeling paint, unpleasant odors, or other signs of deterioration o Facility in good condition, landscaping in park‐like condition, no peeling paint. Graffiti was nominal, but viewed in one of the blocks; scratched into the wall  Condition of the grounds, exercise areas, playing fields, and exercise equipment o Well maintained; basketball hoops, weights, pull‐up bars, and hand ball courts.  General cleanliness of the facility including windows, lighting, lockers, desks, conditions of the mattresses, bedding and pillows o Clean and in good order.  Condition of sleeping room door panels o This was the location of viewed graffiti in block unit, otherwise good condition.  Temperature of living units o Maintained by central thermostat unit.  Safety and security issues including fencing, outdoor lighting, location of the weapons locker o Security strategically located to control situations, weapons locker within each area includes rubber bullets, bean bags, and mace. No weapons; Tasers only.  If a court holding area is present in the facility, ensure access to toilet and drinking water o Yes.  Atmosphere of classroom: o Quiet and studious, orderly.  Are there adequate supplies (books, paper, computers, etc.)? o Yes. INTERIOR OF BUILDINGS (walls, paint, floors, drains, plumbing fixtures working, air vents, windows)  Are cleaning fluids and chemicals labeled and safely stored? Yes, and checked in and out three times a day.  Weapons locker present. Yes, personal weapons are in deputies’ private lockers and in armory at the Bridge in dorms, and at front gates. Weapons in inmate Units are pepper spray, Tasers; weapons with live ammunition are in locked units.  Recreation/sports equipment.  Are the hallways clear, are doors propped open or closed? Hallways are clear and doors are locked and closed at each end.  Holding areas (cells/rooms) – (if present), is there access to drinking water and toilet? Yes  Are there individual cells/rooms, or dormitories? GHRC is primarily a dormitory facility, but includes individual cells in the blocks for maximum security inmate. There are separate dormitories for males and females.  Beds – Type of bed and is it off the floor? Yes, single and double bunk beds.  Adequate lighting. Yes.  Temperature. Controlled by thermostats and at level required by Title 15. INDIVIDUAL CELLS/ROOM  Condition of walls. No peeling paint; made of cement.  Personal possessions allowed in cell/room (Art, Books, etc.) Yes, in tubs in view of deputies.  Graffiti present. Yes, in Block Units 1 and 2.  Ample bedding. Yes. PERSONAL APPEARANCE OF INMATES  What is the appearance of inmates (dirty, unkempt, well groomed, etc.)? Clean.  Showers – frequency, privacy, maintained, supervised by staff? Allowed as many as they want.  Are there any reported assaults by inmates on inmates? Yes, see incident reports.  Condition of clothing (does the clothing fit; is it appropriate for the weather, etc.)? Appropriate for weather and are given whites twice a week and orange/blue once a week. COMMENTS: A) The Kitchen: Cooks all meals for all detention centers. In the bakery there are 6,000 bagels and dinner rolls, 1,500 loaves of bread, and 20,000 cookies baked each week. B) The female inmates at Glen Helen provide the labor for a call center which schedules inmate visitation sessions for all the County detention centers. A staff of 12 inmates handles 1,100‐ 1,500 calls per day. INSPECTION FORM * * * * * * Please fill out those sections that apply to the facility you are inspecting FACILITY NAME: INSPECTION DATE: Central Detention Center (CDC) December 12, 2011 FACILITY CAPACITY: LAST CSA INSPECTION DATE: 1,103 April 5, 2011 ADDRESS: TELEPHONE NUMBER: 909‐386‐0945 630 E. Rialto Avenue San Bernardino, CA 92415 FAX NUMBER: 909‐386‐0924 TYPE OF FACILITY: Type II DETENTION CENTER: X REHABILITATION CENTER: OTHER: Any Additional Information/Notes: The Facility closed in 1991 due to West Valley Detention Center (WVDC) opening; it reopened in 1994 primarily to house Federal inmates, on a cost‐reimbursement basis through a Federal contract. U.S. Marshal housing provides for 330‐370 inmates. These are Federal inmates being held for transition to a Federal facility; they are airlifted out once a week. Since October 1, 2011 (AB109), 570 inmates have been sentenced or in pre‐sentencing. GENERAL INFORMATION  What is the capacity of the facility? 1,103. On 12/12/11, 918 total inmates ‐ 160 women will be transferred to WVDC in anticipation of making room for ‘protective custody’ male inmates from Glen Helen Rehabilitation Center. This will consolidate all female inmates at WVDC.  What is the number of pre‐trial inmates? 537  Has the facility exceeded capacity since the last state CSA inspection? No  What is the average length of detention? Six months  What is the inmate classification system? Describe: Detention & Corrections Bureau, Policy & Procedures. Per Policy 9.800–Inmate Classification Procedures & Policy 9.900–Inmate Classification Types  Number of weekend offenders? None  Are inmates oriented to rules and procedures? Yes, inmate receives booklet (English & Spanish) and watches video  Are rules and grievance procedures posted? In booklet and video  Are rules and grievance procedures understood by inmates? Yes, translator available, if needed  Are there procedures for handling citizen complaints? Yes  Number of inmate suicides in the past year? None  Number of attempted suicides? Two  Number of deaths from other causes? None  Number of escapes? None  Date of last fire/emergency drill? June 23, 2011 59 STAFFING  Is there enough staff to monitor inmates? Yes: One Captain, One Lieutenant, Six Sergeants, 60 Deputies, 82 Support Staff; Medical Staff: one doctor, one Physician’s Assistant, five Registered Nurses, and four License Vocational Nurses.  Does staff communicate in languages that an inmate can understand? Yes  Diversity of staff. Males: eight African American, 45 Caucasian, 33 Hispanic, six others; Females: eight African American, 30 Caucasian, 21 Hispanic, and four others.  Impression of staff/inmate interactions. Very good PROGRAMS  Exercise: o Is it inside or out? Both; recreation yard has basketball hoops, dip bar, pull‐up bar o How frequently? Inside ‐ one hour daily; Outside ‐ three hours weekly o Do men get more exercise time than women? N/A  Are there clergy available to inmates upon request? Yes, full‐time Chaplain o Are there religious services? Yes, Tuesday through Sunday  Are anger management and other applicable programs available? None  Are medical services available? Yes, both doctor and dentist o How frequently is medical staff on‐site? Both Registered and Licensed Vocational Nurses at all times; Doctors on Monday‐Wednesday‐Friday; Physician’s Assistant – Friday; Dental and Mental Health Monday‐Wednesday‐Friday o How long do inmates wait to be seen? As needed o Is a physician available by phone or comes to the facility? Both  Are mental health services available? Yes 60 o How frequently is mental health staff on‐site? Psychiatric Clinician, weekly o How long do inmates wait to be seen? As needed  Are vocational classes available? No o If so, what types: N/A TELEPHONE  Do inmates have access to telephones? Yes CORRESPONDENCE  Is there a limited free postage for inmates without money? Legal mail packages only  Incoming/outgoing – are inmates aware that mail can be read? Yes, advised that all mail is scanned  Confidential correspondence – letter to attorneys, legislators, CSA, etc., ‐ how is it handled? Per policy, available to inmates; each is opened in presence of inmate and deputy VISITING  Is there adequate space, convenient times or accommodations to family’s work schedule, etc.? Yes, rotate times during mornings and evenings  Are there provisions for special visits with attorneys/clergy? Yes, in official areas  Does staff supervise visits? Yes  Do all inmates have access to visiting? Yes o If not, give reason: Except for disciplinary actions, for a maximum of 30 days; the average is 3 – 4 days 61 MEALS/NUTRITION  The kitchen area – Is it clean? Yes Are knives and chemicals locked? Yes  Have the inmates working in the kitchen been trained? Yes, all have food handlers’ licenses  Have the inmates had a medical clearance/review before assignment? Yes  Are meals served in the cell, day room or at a central cafeteria? All. The big dining room has the capacity for 200 inmates; there are two rooms on different levels, with only one used at a time  Are inmates permitted to converse during meals? No  Length of time allowed for eating? 15 minutes HEALTH  What type of on‐site health facility is available to inmates? Two clinics, east/west side of facility  What type of on‐site dental facility is available to inmates? Dentist on‐site Monday ‐ Friday  What off‐site hospital is used for serious health issues? Arrowhead Regional Medical Center  How are inmates transported to off‐site facilities? By custody transport or ambulance  How is security handled? Inmate is shackled and custody transport is followed by an additional deputy 62 DOCUMENT REVIEW INMATE GRIEVANCES/COMPLAINTS: TYPES RESOLUTIONS Inmates shoes confiscated in shake down because Inmate account credited amount of shoes and “name” not on them inmate told to mark shoes in future Inmate stated he was only offered a shower Staff directed to offer showers between 0430‐ between 0100‐0400, and he was being mocked 2300 and told to treat inmates on a “strictly about being a Mexican mature and professional level” Inmate stated his stamps and drawing were Staff took drawings (naked women) and later destroyed returned them and the stamps, per staff, were used stamps. Considered contraband Inmate stated neither doctor nor nurse would Inmate rescheduled for doctor appointment in two provide joint pain medication days Inmate stated wife was told he was “not available” Investigation showed wife was “no show” one day, for visits (twice), noting she only spoke Spanish she was scheduled for another day but was denied visit; possibly due to language; other visit date inmate was off facility, in court Inmate stated his “medically approved” shoes Shoes were confirmed as “medically approved” were taken by a deputy and returned to inmate Inmate stated he was strip searched and his legal Strip search was on all transported inmates, documents were taken looking for possible handcuff key; note paper, considered contraband was kept, but court papers were returned Inmate complained of racial mistreatment for Inmate was given written discipline for not “black” inmates; six grievance for same action following rules of grievances, not to issue/write grievance for a class of inmates – only for individual grievances Inmate stated he had reported (five times) his pain A doctor changed his diet and ordered Motrin; and vomiting blood after gallstones removed; he resulting to no more food issues; action taken in stated he reported it in May, June and now in late August August Inmate appealed decision on the allegation he was Actions taken were found “to be within “beaten” by two officers and asked that the video department and industry standards” and be reviewed, wants to press charges allegations of threats were found to be unsubstantiated. Review of original complaint and the video review showed all actions were within department standards Total Complaints reviewed: 43 Total Complaints during past five quarters: 10 63 MAJOR INCIDENTS: TYPES RESOLUTIONS Minor injuries; inmate punched deputy in face Medical care; forwarded the file to the District with closed fist Attorney (DA) for review; arrested Assault; inmate to inmate, deputy Forwarded to DA for review for criminal charges Battery, inmate to inmate Declined to press charges Battery; two females pushing and grabbing Station filed – Pending Battery; lunch To Sheriff’s records Battery; genitalia assault Declined to press charges Battery; inmate to inmate Forwarded to DA for review Battery; mutual combat Station filed Battery, inmate to inmate Station filed Battery; inmate pushed down stairs ARMC for stitches; declined to pursue Battery; inmate to inmate, eye injury Declined to prosecute Battery; inmate to inmate in property room Neither will prosecute Battery; seven inmates/assault; injuries Station filed only Battery; females fighting in food line Station filed Battery; returning from court/inmates No prosecution Battery; punched in head Uncooperative/refused to identify assailant Battery; inmate to inmate, 11 in fight ARMC for treatment Battery; inmate to inmate, female Station filed Battery; inmate to inmate, female Sent to DA for filing; victim wishes to press charges Battery; 32 inmates/ five deputies in cell block Three inmates with injuries; some arrested, station fight filed Total Complaints reviewed: 81 Total Complaints during past five quarters: 20 64 POLICIES AND OPERATIONS MANUALS Review the following sections, making notes of each: Inmate Grievances: A copy of the Policy was produced to the Grand Jury and was reviewed. Citizen Complaints: Four Internal Affairs reviews every six months, per audit/log. A copy of the procedures for handling Citizen’s Complaints was reviewed by the Grand Jury. Major Incidents: A copy of the Policy was provided to the Grand Jury and was reviewed. SITE TOUR AREA INSPECTED/REVIEWED (Please Check) QUALITY OF LIFE PROGRAMS PERSONS INTERVIEWED X Physical Plan No Educational No Inmates X Meals/Nutrition No Vocational X Facility Manager X Mental Health No Community Services X Medical X Physical/Dental Health No Domestic Violence N/A School Staff X Religious Services No Victim/Gang Awareness N/A Mental Health Staff X Visiting No Substance Abuse N/A Line Staff X Volunteer Involvement Other N/A Food Services Staff Other Other Any additional information/notes: Potential Impacts of AB109:  It is projected that there will be more split sentencing by Court, i.e. if sentenced to 5 years, 2.5 as an inmate and 2.5 remainder of sentence on probation/parole.  County facilities are not designed for long‐term sentencing and/or programs; possible potential law suits to conform with state requirements  The average level of criminality of inmates is drastically rising from prior inmates detained for Driving Under the Influence (DUI) to now First Degree burglaries and assaults. This situation exposes staff to more danger and will result in a need to increase staffing levels in all facilities, which in turn will increase costs 66 Note the following items as you tour the facility:  Condition of the exterior and interior of the building noting graffiti, peeling paint, unpleasant odors, or other signs of deterioration o Adequate, good, no odors; floors had wax build‐up  Condition of the grounds, exercise areas, playing fields, and exercise equipment o Appeared in good condition  General cleanliness of the facility including windows, lighting, lockers, desks, conditions of the mattresses, bedding and pillows o Generally clean  Condition of sleeping room door panels o Adequate  Temperature of living units o Good  Safety and security issues including fencing, outdoor lighting, location of the weapons locker o Good  If a court holding area is present in the facility, ensure access to toilet and drinking water o Yes  Atmosphere of classroom: o N/A  Are there adequate supplies (books, paper, computers, etc.)? o N/A 67 INTERIOR OF BUILDINGS (walls, paint, floors, drains, plumbing fixtures working, air vents, windows)  Are cleaning fluids and chemicals labeled and safely stored? Yes, locked; no chemicals  Weapons locker present? Yes  Recreation/sports equipment? Yes  Are the hallways clear, are doors propped open or closed? Locked/closed electronically  Holding areas (cells/rooms) – (if present), is there access to drinking water and toilet? Yes  Are there individual cells/rooms, or dormitories? The facility has all three types  Beds – Type of bed and is it off the floor? Bunks, single and double; off floor  Adequate lighting? Yes  Temperature? Adequate INDIVIDUAL CELLS/ROOM  Condition of walls? Clean, freshly painted  Personal possessions allowed in cell/room (art, books, etc.)? Yes, kept in clear plastic tubs; can order from commissary; books from library once a week  Graffiti present? None  Ample bedding? Yes, two blankets 68 PERSONAL APPEARANCE OF INMATES  What is the appearance of inmates (dirty, unkempt, well groomed, etc.)? Adequate  Showers – frequency, privacy, maintained, supervised by staff? Daily during tier time (30 minutes)  Are there any reported assaults by inmates on inmates? See reviews on page seven  Condition of clothing (does the clothing fit; is it appropriate for the weather, etc.)? Good for weather; clothing change issued twice per week; “whites” issued once per week; jumpsuit issued daily for workers COMMENTS/CONCERNS OBSERVED DURING TOUR: 69 DISASTER PREPAREDNESS AN EVALUATION OF SAN BERNARDINO COUNTY’S STATUS
No recommendations for this finding
F18
7. The crime scene processing of vehicles is being conducted in an outdoor area exposed to the elements. (Attachment #1 – Photos 19-21) 8. Prior processed vehicles, stored in the back open-air lot, are left to disintegrate. It appears that there is not a formal procedure for disposing of these vehicles. (Attachment #1 – Photos 22-23) 9. Risk Management has not conducted an ergonomic evaluation of the workspaces used by the Specialists. 10. Risk Management has not conducted a Risk Assessment of the facility. 11. Maintenance of the CalOSHA 300 Logs is not being performed at SID. However, the 300 Logs provided to the Grand Jury by Risk Management for SID were not complete with the detail including locations of where injuries occurred.
No recommendations for this finding

Conclusions 18

Commendations 1

Comments 14

No Responses Found 3

Government entities assigned to respond to this report. No response documents have been linked in our database.

California Tahoe Emergency Services Operation Authority Jpa
San Bernardino County Board of Supervisors Elected County Office
San Bernardino County Sheriff Elected County Office