San Joaquin County Grand Jury • 2022-2023

San Joaquin County Custodial Facilities: Failing to Comply with the Prison Rape Elimination Act of 2003

Published: April 14, 2023 13 pages
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Findings and Recommendations 15 findings

F1
1 The San Joaquin County Sheriff’s Office has failed to ensure that a mandated PREA audit (28 CFR 115.401) by a Department of Justice certified auditor has ever been done where one is required to be completed every three years. Failure to complete audits by a Department of Justice certified auditor diminishes transparency, could put inmates and detainees at risk, and could erode public trust. 8
Related Recommendations (1)
R1
1 By July 1, 2023, The San Joaquin County Sheriff schedule an independent audit by a Department of Justice certified Auditor in accordance with 28 CFR 115.401(a) and post the audit report on the agency’s website of completion.
F2
1 Every three years PREA Audits by a Department of Justice certified auditor must be completed. The Probation Department for Juvenile Detention has never scheduled nor completed this mandated audit. This failure diminishes transparency, could put juvenile residents at risk, and could erode public trust, exposing the Probation Department and the Juvenile Detention Facility to potential lawsuits and financial liability.
Related Recommendations (1)
R2
1 By July 1, 2023, The Probation Department for Juvenile Detention schedule an independent audit by a Department of Justice certified auditor in accordance with 28 CFR 115.401(a) and post the audit report on the agency’s website of completion.
F3
1 The Lodi Police Department is not in full compliance with 28 CFR 115.33(f), which requires them to provide written materials and visible posters explaining inmate rights and the Department’s zero-tolerance policy regarding sexual abuse or sexual harassment at the jail. This could result in delays in reporting and investigating, exposing the Office to potential lawsuits, financial liability, and reduction in grant funding.
Related Recommendations (1)
R3
1 By October 1, 2023, the City of Lodi Jail and Police Department provide visible posters and written materials explaining inmate rights and the Department’s zero-tolerance policy regarding sexual abuse in the booking, processing, and holding areas within the jail.
F1.1
The San Joaquin County Sheriff’s Office has failed to ensure that a mandated PREA audit (28 CFR 115.401) by a Department of Justice certified auditor has ever been done where one is required to be completed every three years. Failure to complete audits by a Department of Justice certified auditor diminishes transparency, could put inmates and detainees at risk, and could erode public trust. 8
No recommendations for this finding
F1.2
The San Joaquin County Sheriff’s Office is not in compliance with 28 CFR 115.33(f), which requires them to provide adequate written materials and visible posters that explain inmate rights and the Sheriff’s zero-tolerance policy regarding sexual abuse or sexual harassment. This could result in delays in reporting and investigating, thereby exposing the Office to potential lawsuits, financial liability, and reduction in Federal grant funding.
No recommendations for this finding
F1.3
The San Joaquin County Sheriff’s Office does not provide adequate means to report sexual abuse or harassment confidentially and privately to an independent public or private entity as required under 28 CFR 115.51 which is a violation of PREA standards and could result in a reduction of Federal grant funding.
No recommendations for this finding
F1.4
There is no video or audio recording equipment in interrogation rooms. There should be no area in the jail, absent issues of mandated privacy, where an inmate could be with officers in secluded settings. A potential claim of sexual or physical abuse without providing visual evidence also means the Sheriff’s department would be unable to effectively defend such a claim.
No recommendations for this finding
F2.1
Every three years PREA Audits by a Department of Justice certified auditor must be completed. The Probation Department for Juvenile Detention has never scheduled nor completed this mandated audit. This failure diminishes transparency, could put juvenile residents at risk, and could erode public trust, exposing the Probation Department and the Juvenile Detention Facility to potential lawsuits and financial liability.
No recommendations for this finding
F2.2
The Probation Department for Juvenile Detention has failed to conduct an annual review, mandated by 28 CFR 115.401(b), or updates for required procedures since 2019, which is a violation of PREA standards and could result in reduction of funding or other financial liability.
No recommendations for this finding
F2.3
The Probation Department for Juvenile Detention lacks published material explaining how separation between juveniles and older residents is to be maintained. Failure to maintain 10 separation and ensure steps are taken to protect juvenile residents from unsupervised older residents could result in undesirable interactions leading to potential lawsuits and financial liability.
No recommendations for this finding
F2.4
The Probation Department for Juvenile Detention has failed to provide a written policy or procedure to ensure a sexual assault or harassment victim’s report to the Women’s Center Sexual Assault Crisis Line will remain confidential.
No recommendations for this finding
F2.5
The Probation Department for Juvenile Detention’s website and other public media fail to explain or reference how a third party can make a confidential report on behalf of a juvenile resident, which creates a lack of transparency and fails to provide required confidential accessibility options to file a report.
No recommendations for this finding
F2.6
The Probation Department for Juvenile Detention staff members demonstrated a lack of understanding that all federally mandated PREA standards apply to San Joaquin County’s Juvenile Detention Facility. A lack of comprehensive understanding of all PREA standards that apply could result in a failure to adequately protect juvenile residents, contractors, and employees.
No recommendations for this finding
F2.7
The Probation Department for Juvenile Detention does not consistently provide training for educators, third party contractors, and volunteers with refresher training every two years, which is a violation of PREA Standards 28 CFR 115.331 and 28 CFR 115.332 and could compromise the safety of staff, volunteers, and juvenile residents.
No recommendations for this finding
F3.1
The Lodi Police Department is not in full compliance with 28 CFR 115.33(f), which requires them to provide written materials and visible posters explaining inmate rights and the Department’s zero-tolerance policy regarding sexual abuse or sexual harassment at the jail. This could result in delays in reporting and investigating, exposing the Office to potential lawsuits, financial liability, and reduction in grant funding.
No recommendations for this finding

Conclusions 3