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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 7 findings
F1
Page 18
Longer periods of incarceration, due to the Realignment transfer of state prisoners to local facilities (Public Safety Realignment, 2013, retrieved from: http://www.cdcr.ca.gov/realignment/ ) and the extended stay of ICE prisoners (Your Complete Guide to Obama’s Immigration Executive Action, retrieved from web site: http://www.washingtonpost.com/blogs/wonkblog/wp/2014/11/19/your-complete- guide-to-obamas-immigration-order/#economy) , have increased the medical and mental health needs of inmates. The Mental Health Professional (psychiatrist) although available by phone, is on site only one day per week mainly to evaluate incoming inmates and update prescriptions. There are no non-emergency or on- going mental health services available to the inmates. Inmates diagnosed as needing treatment at a state mental hospital wait for months to transfer. Suicidal inmates can stay in padded cells, with little or no comforts, for weeks. The California Department of Corrections and Rehabilitation advised: Page | 17 “Where there are options, however, it is recommended that there be a limit to the length of time an inmate can be housed in a safety cell. Title 15 requires medical and mental health checks and regular review by a watch commander for retention in a safety cell. Additionally several large counties have established internal policies in this regard, saying that after 24 hours, the person must be removed either through a 5150 process or by placement somewhere else in the jail. Of course, extensive housing in a safety cell or sobering cell should be avoided to the greatest extent possible for mentally ill inmates as well as for all others.” (Jails and Mentally Ill: Issues and Analysis, a briefing paper developed by The California Corrections Standards Authority (CSA), pg. 26. retrieved from: http://www.cdcr.ca.gov/COMIO/docs/MENTALLY_ILL_IN_JAILS_ PAPER.pdf ) Additionally a Human Rights Watch Report states: “Yet most independent psychiatric experts, and even correctional mental health staff, believe that prolonged confinement in conditions of social isolation, idleness, and reduced mental stimulation is psychologically destructive. How destructive depends on each prisoner’s prior psychological strengths and weaknesses, the extent of the social isolation imposed, the absence of activities and stimulation, and the duration of confinement.” (Human Rights Watch report - Ill Equipped: U.S. Prisons and Offenders with Mental Illness, §VII paragraph http://www.hrw.org/reports/2003/usa1003/1.htm) Female inmates have a higher rate of mental health problems than the males: 75% of female inmates vs. 63% of male inmates (Mental Health Problems of Prison and Jail Inmates, Highlights, U.S. Department of Justice, Bureau of Justice Statistics Special Report, from: http://www.bjs.gov/content/pub/pdf/mhppji.pdf). 2014-2015
F2
Page 20
As reported by the substance abuse counselor, in-house support groups were suspended two years ago, and there are limited funds for referring released inmates to recovery programs. 2014-2015
F3
Page 20
The Consent Decree (Consent Decree, 1978; Derril Hedrick, et al. vs James Grant, et al., US District Court for the Eastern District of California, CIVIL S-76-162 TJM) mandates a licensed Registered Nurse on site at least 15 hours per week; however, there is not a RN currently on staff. This is a violation of the Consent Decree §V A1, pg. 11. The need for a RN is even more vital with the extended stays caused by Realignment (Realignment – The Bottom Line by Board of State and Community Corrections, 2013, http://www.bscc.ca.gov/s_californiapublicsafetyrealignment.php) as well as the change in housing the ICE detainees (Your Complete Guide to Obama’s Immigration Executive Action, http://www.washingtonpost.com/blogs/wonkblog/wp/2014/11/19/your-complete- guide-to-obamas-immigration-order/#economy). The Executive Assistant in medical services advised that YCJ {Yuba County Jail} are considering several persons that have Physician Assistant (PA) credentials which will more than meet the requirement. However, a PA may not necessarily have nursing experience (A Patients Guide to the Physician Assistant, http://www.pg2pa.org/PA_NP.html); therefore, unless the PA also has RN certification, the PA will not satisfy the mandate listed in the Consent Decree for a RN. YCJ is also considering hiring a Nurse Practitioner, which would more than meet the requirements of the Consent Decree. 2014-2015
F4
Page 21
Several of the Medical Assistants (MA) and one contracted crisis counselor do not have the appropriate credentials and is in violation of Yuba County Human Resources Job Classification for Medical Assistants. 2014-2015
F5
Page 21
The Executive Assistant in medical services does not have a degree, although his job description requires a 2-year degree (Job Classification: Executive Assistant, Human Resources Department of Yuba County; http://www.co.yuba.ca.us/departments/personnel/documents/Specifications/E/Execu tive%20Assistant%20December%202013.pdf ). There is a disparity between the Consent Decree (1978), the Yuba County Human Resources and the Yuba County Jail policies in regards to the licensing/credentialing requirements. 2014-2015
F6
Page 21
The medical unit staff does not participate in fire drills, nor understand the procedure for escape. The supervisor conducting the tour was unable to explain the procedure to the Grand Jury members on the tour. Page | 20 2014-2015
F7
Page 22
A copy of the Consent Decree has NOT been provided to the Grand Jury for an undetermined number of years, and was NOT provided to this year’s Grand Jury until the Grand Jury discovered the omission through a news report. This is in violation of the Consent Decree, §XV, Paragraph 4, pg. 49. The Consent Decree §XV (1978) holds the Law Enforcement Committee of each Grand Jury as responsible for monitoring jail compliance of the Consent Decree. There has been a failure of the parties to the Consent Decree to provide the Grand Jury with a copy of the Consent Decree as mandated by the Consent Decree. The Grand Jury was unable to find a recent record of prior grand jury’s having been informed of the Consent Decree. “The members of the Yuba County Grand Jury who serve on the Court and Law Enforcement Committee shall be provided each year with a copy of the Consent Decree so that they will know the minimum legal standards for conditions of confinement in the Jail. The Grand Jury shall be requested to do an analysis of whether the Jail is in conformity with all provisions of the Consent Decree and include that analysis in its yearly report.” ( Consent Decree, 1978; Derril Hedrick, et al. vs James Grant, et al., US District Court for the Eastern District of California, CIVIL S-76-162 TJM §XV, paragraph 4, pg. 49) 2014-2015
Recommendations 7
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R1Page 19The Yuba County Jail Commander request, and the Board of Supervisors approve a budget for a full-time licensed mental health counselor, within the next budget cycle.” Per an interview with Sutter-Yuba Mental Health Services (SYMHS) Deputy Director of Clinical Services the 2015-2016 Grand Jury has found: • Inmates have access to a second psychiatrist through Tele-psych which is a Skype-type program. This psychiatrist works with both Yuba and Sutter County inmates and is available during the day, Monday-Friday. • In December 2015, the Yuba County Jail hired a full-time mental health Therapist II. • The crisis counselor is a Licensed Clinical Social Worker and is bilingual. The counselor’s main focus is on the ICE inmates but will also work with some County Page | 18 inmates. The counselor works with individuals, groups, and provides drug and alcohol counseling. “2014-2015
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R2Page 20Reinstate and expand support groups. Support staff use creative means of financing to include grant applications for funds to support in-house groups and inmates in programs when they are released." Through interviews and review of documents listed above the 2015-2016 Grand Jury learned that Yuba County Jail has reinstated the support groups. Yuba County has also been awarded a $20 million State grant. This grant money will be used to build an expansion that will include additional room for medical facilities, mental health facilities and vocational training. This will allow additional room to facilitate group discussions. This grant does not allow for staffing needs, only for structural needs. “2014-2015
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R3Page 20Hire a full-time Registered Nurse or a full-time Nurse Practitioner for the medical unit to be on the job no later than October 15, 2015. This will bring the Jail into compliance with the Consent Decree (1978).” The 2015-2016 Grand Jury was advised in interviews that Yuba County has hired a full-time Family Nurse Practitioner who exceeds the requirements of an RN. They have also adjusted the Page | 19 medical staff hours to cover 23 hours a day. One of Yuba County Jail’s current Licensed Vocational Nurses has graduated a training program for Registered Nurse (RN), has applied for an interim permit and is expected to receive that permit prior to the release of this Grand Jury Report. In an effort to keep this valuable employee on after she has received her RN license, the Sheriff requested from the Yuba County Board of Supervisors and the Board approved that the RN position be funded. “2014-2015
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R4Page 21The Sheriff shall uphold the mandates of the Yuba County Human Resources regulations in regards to job classification requirements by supporting and facilitating the Medical Assistants to obtain and maintain their MA credentials. Proper certification is to be in effect by June 30, 2016.” The Sheriff advised the 2015-2016 Grand Jury, during an interview, that “all personnel meet the qualifications in place at the time of hire.” “2014-2015
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R5Page 21The Sheriff shall uphold the Yuba County Human Resources regulations in regards to job classification requirements for the position of Executive Assistant and support the Executive Assistant in medical services to obtain the minimum 2-year college degree by June 30, 2016.” The Yuba County Human Resources (HR) Analyst was interviewed by the 2015-2016 Grand Jury. The Grand Jury was advised that HR wrote up the original Job Classification for Executive Assistant and HR’s interpretation of the Classification was, and is, that the Classification allows the applicant to qualify based on prior experience in lieu of education. The Job Classification does not specify “in lieu of”, stating only that one of the “minimum” requirements is a two-year degree. This is followed by: “Candidates with strong experience who lack the degree are encouraged to apply.” (YC Job, 2015) “2014-2015
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R6Page 22For the safety of all staff and personnel, a review of all fire drill procedures, with an emphasis on making sure all staff members in the medical unit of the facility are well-informed about evacuation.” The 2015-2016 Grand Jury was advised by the Administrative Staff that the medical staff understands the procedure for Fire Drills and Fire Escape plans are posted in each room. The Grand Jury was also told that the Correctional Staff does practice monthly fire drills and if an evacuation of the Medical Facility is required, the deputies will coordinate the evacuation of medical staff. “2014-2015
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R7Page 22The Yuba County Board of Supervisors, the County Counsel and the Jail Commander determine and name which division/position will be responsible for delivering the Consent Decree to the Foreman of the Grand Jury in the future. The Consent Decree will be provided to the new Grand Jury, along with a report as to how the Jail is complying with the conditions listed in the Consent Decree (1978). The Consent Decree and the report of compliance will be provided by July 30th of each year.” By a letter dated July 1, 2015, the Sheriff provided a copy of the Consent Decree to the Foreperson of the 2015-2016 Grand Jury. The 2015-2016 Grand Jury included the information regarding the Consent Decree in the Yuba County Grand Jury Handbook. There is no requirement in the Consent Decree for the Jail to provide a report on compliance and the Sheriff has chosen not to accept this recommendation. Page |