San Luis Obispo County Grand Jury • 2001-2002 • Agency Response

El Paso de Robles Youth Correctional Facility

Published: June 12, 2002 46 pages
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Note: Missing finding numbers detected: F19

Findings and Recommendations 20 findings

F1
Records show that the wards confined at The respondent agrees with finding. I have reviewed the 2001/2002 Grand CYA [the Paso Robles Facility] have been Jury Final Report on the El Paso de convicted of crimes that include rape, murder, Robles Youth Correctional Facility robbery, drive-by shootings, kidnapping, false (EPdRYCF). Previously, I had reviewed imprisonment, drug dealing, and other violent preliminary findings and recommenda- crimes. tions by the Grand Jury, and, in a June 12, 2002, meeting, I had expressed my 2. Correctional Officers (COs) reported that they The respondent disagrees wholly or partially with the objections. It was my opinion then, as it is are subjected daily to sexual and physical finding. Due to the confidentiality of the officers, it is now, that the report was incomplete and harassment. impossible to research such claims. misleading in the manner in which infor- mation was obtained, substantiated and 3. Four female staff members interviewed stated The respondent disagrees wholly or partially with the reported to the public. that they had confrontations with wards who finding. Due to the confidentiality of the officers, it is The value of the report is also question- have threatened, upon their release, to seek impossible to research such claims. able because of the Grand Jury's seeming them out and subject them to rape, sodomy, unquestioning acceptance of confidential, and forced oral copulation. often incomplete and inaccurate informa- 4. Three male officers reported that they have The respondent disagrees wholly or partially with the tion without corroboration. The absence been injured when on repeated occasions finding. Due to the confidentiality of the officers, it is of specific information in the final report they have been required to stave off physical impossible to research such claims. prohibited the EPdRYCF from responding assaults by wards. to the issues in detail. . . . I concur with EPdRYCF's response to this report. I.R. Schulman, Superintendent, El Paso de Robles Youth Correctional Facility, November 12, 2002. Jerry L. Harper, Director, California Department of Youth Authority, December 16, 2002. FINDINGS (YOUTH CORRECTIONAL FACILITY, CONTINUED) RESPONSES GRAND JURY FINDINGS EL PASO DE ROBLES YOUTH CORRECTIONAL FACILITY CALIFORNIA DEPARTMENT OF YOUTH AUTHORITY (CYA) 5. Testimony given by female COs and records The respondent disagrees wholly or partially with the See . revealed there were wards who stripped nude finding. Due to the confidentiality of the officers, it is and masturbated in their presence as an act impossible to research such claims. of defiance.
No recommendations for this finding
F2
A study should be implemented by the State The recommendation will not be implemented because it is not within the scope of El Paso de Robles CYA to consider the feasibility of setting a YCF administration. This recommendation will be passed on to our departmental headquarters in lower maximum age for wards allowed to be Sacramento. incarcerated in the facility. While this would take legislative action, it could be an addi- tional deterrent.
Related Recommendations (1)
R2
Office and meeting areas should be The Probation Department, in collaboration with the The Board of Supervisors concurs with expanded to accommodate the needs of County Administrative Office, and General Services staff the Probation Department's response. medical and mental health workers. completed an in-depth needs assessment for the improvement and expansion of the existing 21-year-old Juvenile Hall. A comprehensive expansion plan was completed and presented to the State Board of Corrections in April 2002 along with a request for six mil- lion dollars in grant funds from completion of this essen- tial project. All grant funds were allocated to other counties. The Probation Department is currently partici- pating in a series of meetings with the County staff in an effort to develop a strategy which will address the identi- fied necessary expansion and improvement needs of our Juvenile Hall. We remain hopeful the State Board of Corrections will receive monies to provide grants to counties in need of expanded and remodeled Juvenile Halls. We concur with recommendation #2.
F3
Wards upon reaching the age of eighteen The recommendation will not be implemented because it is not allowed by the existing policy and should be remanded (under DDMS 7455) to changes to the policy are beyond the scope of EPdRYCF administration. Section DDMS 7455 clearly the courts for consideration of removal from states "ward who allegedly commits an offense" and are of the age of eighteen should be considered the CYA facility and incarcerated in a state for prosecution. Therefore, this statement is taken out of context and does not address the total policy prison for the remainder of their sentence. under Section 7455.
Related Recommendations (1)
R3
A lounge area, separate restroom facilities, We concur with recommendation #3. (Please refer to The Board of Supervisors concurs with and showers should be provided for staff comments in #2.) the Probation Department's response. workers.
F4
CYA administration at State level should The recommendation will not be implemented because it is not allowed by the existing policy and reconsider many of the present rules that are changes to the policy are beyond the scope of EPdRYCF administration. Corrective measures are difficult for local site administrators to follow. rights based upon departmental policies and procedures that are derived from law to ensure due The time delay imposes a hardship on the process. The first priority will be to ensure justice within all systems. The second priority will be to site administration to swiftly administer cor- make the system move as fast as possible without compromising the first priority. rective measures for unruly behavior of the wards. The CYA did not directly respond to the recommendations. See . RECOMMENDATIONS (YOUTH CORRECTIONAL FACILITY, CONTINUED) RESPONSES GRAND JURY RECOMMENDATIONS EL PASO DE ROBLES YOUTH CORRECTIONAL FACILITY 5. There is a need to allow COs to use stricter The recommendation will not be implemented because it is not allowed by the existing policy and punitive measures in a timely basis, particu- changes to the policy are beyond the scope of EPdRYCF administration. The "stricter punitive meas- larly when dealing with repeat offending ures" implied by the Grand Jury would be violations of law and departmental policy. This will not be wards. Positive discipline methods would done at EPdRYCF. maintain better control of the facility and lessen the stress suffered by COs.
Related Recommendations (1)
R4
Medical facilities should be expanded to We concur with recommendation #4. (Please refer to The Board of Supervisors concurs with accommodate the needs of medical staff and comments in #2.) the Probation Department's response. mental health workers.
F5
There is a medical facility staffed on a shift As in finding #4, the description of the physical room is The Board of Supervisors concurs with schedule by two nurses. This medical unit is accurate. The room also is woefully inadequate in both the Probation Department's response. small and crowded with a desk, file cabinets design and size. Our Health Department assigns three- and an examining table. full-time nurses, plus several relief nurses who provide quality care to in-custody minors typically from 7:00 AM to 11:00 PM. (Emergency coverage from 11:00 PM to 7:00 AM is available from nurses assigned at our County Jail.) 6. The conference area adjacent to the deten- This is an accurate depiction of our physical plant which The Board of Supervisors concurs with tion area has desks and computers. No continues to be inadequate for the need of both our staff the Probation Department's response. showers, lounge area or separate gender and our in-custody minors. Over the past several years, restrooms are available for employees. An the Probation Department has made numerous attempts adjoining office is provided for psychologists, to secure both local and grant funds to make the recom- mental health and social workers. mendation improvements to our Juvenile Hall. To date, no funding has been identified. FINDINGS (JUVENILE SERVICES CENTER, CONTINUED) RESPONSES GRAND JURY FINDINGS SLO COUNTY PROBATION DEPARTMENT SLO COUNTY BOARD OF SUPERVISORS 7. Staff members report that they are treated The Department Management Team believes that signifi- The Board of Supervisors concurs with with respect and have a support system set cant progress has been made in improving communica- the Probation Department's response. up by management. tion and support throughout the chain-of-command while utilizing a participatory approach to our day-to-day busi- ness. We concur with this finding also.
No recommendations for this finding
F6
Complaints were made by COs who reported The respondent disagrees wholly or partially with the that vile and disgusting threats made by finding. Due to the confidentiality of the officers, it is wards to them, when reported to manage- impossible to research such claims. ment staff, were dismissed with the declara- tion that, “It is part of your job”.
Related Recommendations (1)
R6
The San Luis Obispo Board of Supervisors We concur with recommendation #6. (Please refer to The County applied for state grant funding should pursue other options for funds to comments in #2.) from the Board of Corrections in the years ensure that the Juvenile Services facility is 1999, 2000, 2001, and 2002 but was not adequately expanded and updated. selected. The County will continue to pursue outside funding for an expanded or updated Juvenile Services Facility. SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES COMPLAINT RESOLUTION The Grand Jury first [published this report on January 18, 2002. The San Luis Obispo County Department of Social Services is required to respond to Findings 1 through 10 and Recommendations 1 through 7. The San Luis Obispo County Board of Supervisors is required to respond to Recommendation 8.
F7
Testimony by COs and documents indicate The respondent disagrees wholly or partially with this that gang affiliations and ethnic differences of finding. Many clashes or fights are related to gang wards are the cause of frequent clashes and affiliation and ethnic differences and many result in injury fights with resulting injuries to wards and to to wards. However, due to the confidentiality of the offi- COs who are required to control them. cers, it is impossible to research claims that these clashes or fights resulted in injuries to officers.
No recommendations for this finding
F8
Chemical spray is a primary means used to The respondent agrees with this finding. quell fights and disturbances between wards and to protect COs against assaults by wards. Statistics show 1,595 incident reports were made in 2001. Most are one-on-one incidents. Many of the major incidents are racially motivated, with others being gang involved.
No recommendations for this finding
F9
The Grand Jury received information that The respondent disagrees wholly with the finding. Staff injuries suffered by COs caused disabilities disabilities and resignations are in part responsible for and resignations that resulted in staff short- staff shortages, however other factors contribute to this ages. These shortages result in forced man- issue. Emergency response is not effected by staff datory overtime by staff. Such conditions shortages, as each position is covered regardless of lower staff morale. shortages. FINDINGS (YOUTH CORRECTIONAL FACILITY, CONTINUED) RESPONSES GRAND JURY FINDINGS EL PASO DE ROBLES YOUTH CORRECTIONAL FACILITY CALIFORNIA DEPARTMENT OF YOUTH AUTHORITY (CYA) 10. Testimony revealed that COs have been The respondent disagrees wholly with the finding. The See . prosecuted for using excessive force. term "disciplinary confinement" is unclear. There is a system of "temporary detention," in which a ward can be confined in secured quarters to ensure the safety of wards and others, or the security or orderly operation of the institution. The ward must meet at least one of the listed criteria: danger to self, danger to others, endan- gered, or likely to escape. Extension of placement in temporary detention beyond 14 days requires approval from the Branch Deputy Director. 11, A female CO stated that she had complained The respondent agrees with the finding. to her supervisor about a co-worker who had shown videos with a sexual content to wards. The video was brought from the outside the facility by the CO. This is a violation of CYA regulations. Subsequent interviews revealed that other videotapes were brought in also. The female CO stated that the complaint was ignored. Management stated that they were unaware of this complaint.
No recommendations for this finding
F10
Furnishings throughout the entire facility are We concur with this observation. Our furnishings are old The Board of Supervisors concurs with old, mismatched and shabby. and worn. Replacement of such furnishings is a budget the Probation Department's response. issue which should be addressed. (While this is an issue, we tend to focus upon the quality of service offered/provided. FINDINGS (JUVENILE SERVICES CENTER, CONTINUED) RESPONSES GRAND JURY FINDINGS SLO COUNTY PROBATION DEPARTMENT SLO COUNTY BOARD OF SUPERVISORS 11. The Probation Department, responding to a The addition of these four supervisors has, following a The Board of Supervisors concurs with Board of Corrections recommendation, has recommendation from our County Administrator's office, the Probation Department's response. proposed the addition of four Supervising been approved by both our Board of Supervisors and our Juvenile Services Officers, which would pro- County Civil Service Commission. We are told that fol- vide a shift supervisor for each of the three lowing adoption of the State Budget, we will be author- shifts, 24 hours/7 days continuously. ized to proceed with filling these positions. We concur with this finding.
No recommendations for this finding
F11
Public Works has three mechanics and two The report accurately states that the DPW has three The Board of Supervisors concurs with service workers who perform tire changes mechanics and two service workers who perform tire the Directors' response. and routine maintenance work. Because of changes and routine maintenance work. Because of the the large size of many of the vehicles and large size of many of the vehicles and their relative their relative immobility, a significant amount immobility, a significant amount of repair and mainte- of repair and maintenance work is done at the nance work is done at the three DPW service yards and three Public Works service yards and at job at job sites. sites. FINDINGS (COUNTY VEHICLE MAINTENANCE, CONTINUED) RESPONSES GRAND JURY FINDINGS SLO COUNTY DIRECTORS OF GENERAL SERVICES SLO COUNTY BOARD OF SUPERVISORS AND PUBLIC WORKS 12. The Public Works garage has access to the The DPW agrees with this finding. Due to lack of staff, The Board of Supervisors concurs with CCG software, but it does not appear to be the CCG system has not been implemented for preven- the Directors' response. used at the present time. The majority of the tative maintenance and repair history. However, equip- record keeping, man hours and parts tracking ment preventative maintenance information is tracked on is done by manual reporting, which is then a computer data base in the equipment shop. Detailed sent to the Public Works Department for input equipment repair history is kept manually, in a card file into their computer. Information about individ- system, at the equipment shop. ual pieces of equipment resides primarily with the garage manager. The current system does not easily provide for specialized data or one-time reports.
No recommendations for this finding
F12
A letter written by a ward was directed to a The respondent disagrees wholly or partially with the female CO threatening to falsely accuse her finding. Due to the confidentiality of the officer, it is of sexual misbehavior. This blackmail impossible to research such a claim. attempt was to persuade her to bring contra- band materials into CYA for wards' use. This written correspondence was given to a supervisor for action. A copy of the letter was reviewed by the Grand Jury. FINDINGS (YOUTH CORRECTIONAL FACILITY, CONTINUED) RESPONSES GRAND JURY FINDINGS EL PASO DE ROBLES YOUTH CORRECTIONAL FACILITY CALIFORNIA DEPARTMENT OF YOUTH AUTHORITY (CYA) 13. Wards, particularly those with gang affilia- The respondent disagrees wholly or partially with the See . tions, were described as deliberately misbe- finding. Due to the confidentiality of the officer, it is having even to the extent of assaulting staff impossible to research such a claim. members in order to be confined and thus separated from a ward population they fear.
No recommendations for this finding
F13
All incoming complaints are being logged and This is a correct statement. The Board of Supervisors concurs with tracked. the Department's response.
No recommendations for this finding
F14
Wards, particularly those with gang affilia- The respondent agrees with the finding. tions, will commit criminal acts while confined at the CYA in order to be transferred to an adult prison and thereby gain greater prestige from other gang members or their peers.
No recommendations for this finding
F15
Records disclosed that the population of the The respondent disagrees partially with the finding. CYA in Paso Robles is constantly changing. Although wards in the CYA may range from 14 to 25 The average age as of January 18, 2001 was years old, wards at El Paso de Robles YCF range in age 18.48 years. Wards range in age from four- from 15 to 23 years old. teen to a maximum age of twenty-five years.
No recommendations for this finding
F16
Management stated that the policy and pro- The respondent agrees with the finding. cedures are in place to respond to discipli- nary problems.
No recommendations for this finding
F17
The vocational facilities at CYA are not being The respondent disagrees partially with the finding. The utilized to their fullest potential. The wood- woodshop area is cleaned daily, at the end of the day. shop area was cluttered and unclean. The The Grand Jury's visit was conducted prior to the end of upholstery shop course has been closed the day. because a credentialed teacher is not available.
No recommendations for this finding
F18
Educational programs start and stop based The respondent disagrees partially with the finding. We on the expertise of available staff at any par- cannot respond to the unknown programs being referred ticular time. Proven beneficial programs have to as "proven beneficial programs." been dropped. FINDINGS (YOUTH CORRECTIONAL FACILITY, CONTINUED) RESPONSES GRAND JURY FINDINGS EL PASO DE ROBLES YOUTH CORRECTIONAL FACILITY CALIFORNIA DEPARTMENT OF YOUTH AUTHORITY (CYA) 19. Further cuts in teaching staff are being The respondent agrees with the finding. See . implemented and will be completed by July 1, 2002. These cuts are necessary due to declining population at the facility, which will result in further program loss due to budget cuts.
No recommendations for this finding
F20
The school is accredited by the Western The respondent agrees with the finding, which admini- Association of Schools and Colleges. stration continues to stress upon all employees.
No recommendations for this finding
F21
State CYA administration states that the The respondent agrees with the finding. wards should be treated with respect. RECOMMENDATIONS (YOUTH CORRECTIONAL FACILITY) RESPONSES 3 GRAND JURY RECOMMENDATIONS EL PASO DE ROBLES YOUTH CORRECTIONAL FACILITY 1. Threats and assaults of a felonious nature The recommendation has been implemented, however was implemented prior to the Grand Jury's should continue to be referred to the District visit. Threats and assaults of a felonious nature will continue being referred to the District Attorney's Attorney’s office for prosecution as a means Office for prosecution. The District Attorney is responding in a timely manner. We will not ask them to of deterring misbehavior and disrespect by move faster than the law and their process allows. During 2001/2002 forty-six submitted, two cases wards. The procedure to accomplish this were rejected for prosecution, thirty-five received additional Youth Authority commitment time or needs to be refined to allow a faster response received prison sentences. The remainder are pending as of this date. by the District Attorney.
No recommendations for this finding

Comments 3