Board of State and Community Corrections
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Transcript of Board of State and Community Corrections
Board of State and Community Corrections
CAPIA Annual ConferenceSeptember 2012
Agenda
IntroductionsCSA=>BSCC2010-2012 Inspection Cycle Wrap UpJDPS Data ReviewMediCal and the Affordable Health Care ActMedical Issues in Juvenile Detention FacilitiesBSCC Topics
◦Death in Custody◦Youth in Adult Court Holding: Probation’s
Responsibility◦Juvenile Regulations Revision
CSA BSCC“ . . . an agency is born . . .”
CSA BSCC
On July 1, 2012, the CSA was abolished by SB 92 and the BSCC was born.
Broad mandates:◦Provide statewide leadership, coordination and technical assistance.
◦Promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems.
◦Align fiscal policy and correctional practices, including prevention, intervention, suppression, supervision, and incapacitation.
◦Data collection and reporting.
CSA BSCC
Consistent with Public Safety Realignment goals:◦Improving public safety through cost-effective,
promising, and evidence-based strategies to manage statewide criminal and juvenile justice populations.
So what DOES the BSCC do?
BSCC retains existing CSA duties◦Inspections & Regulations◦Grant disbursement◦Standards and Training for Corrections◦SB 81
Earned some NEW duties◦Focus on evidence based programs◦Data collection relative to realignment◦Gang suppression, intervention and prevention◦Collect and analyze CCP data◦Absorbed some CalEMA grants
So what DOES the BSCC do?
Creation of Juvenile Team◦Rebecca, Toni and Allison
Dedicated resources
2010-2012 Inspection Cycle Wrap Up
2008-2010 Top Areas
2010-2012 Top Areas of Concern
1. 1361 Grievance Procedure
2. 1324 Policy and Procedures
3. 1325 Fire and Life Safety
4. 1371 Recreation & Exercise
5. 1326 Security Review
6. 1313 Local Inspection
7. 1321 Staffing8. 1354 Segregation
9. 1353 Orientation 10. 1358 Use of
Restraints11. 1372 Religious
Program12. 1357 Use of Force
Grievance Procedure Issues
Process not truly confidentialTimeframes not listed or not reasonable
◦Youth◦Concerns of parents
Grievance and discipline◦Minor discipline◦Major discipline
What you can do:Review policy AND procedures for discipline and
grievanceReview forms and placement
◦Are they freely accessible? Are they truly confidential?
Policy and Procedures Issues
Annual review of manual◦Not documented, didn’t happen
Policy doesn’t match procedure and vis versa
What you can do:Formalize reviewRegular staff trainingSelf inspections
Fire Safety Plan Issues
Missing monthly inspections◦This is a self inspection and must be documented.
There should be a corresponding checklist.Insufficient or Missing Fire Suppression Pre-Plan
◦Should be a documentation of meeting with local fire authorities.
◦Where to park the truck!! Lapse in drills
What you can do:Work with local fire authorityEstablish safety committee to oversee
inspections and plans
Security Review
Not being conducted/no documentation
What you can do:Formalize process
Recreation & Exercise Issues
No posted scheduleNot meeting regulatory times
What you can do:Sit down with all staff (education,
program, youth supervision)
Local Inspection Issues
MissingInsufficient informationOutstanding items of noncompliance
◦Health Inspection issues will affect suitability
What you can do:Remain in contact with departmentGet responses in writing
Staffing Issues
Meet staffing ratios, but…Units left unattended
◦Youth on room confinement while others are out of the unit.
◦Staff called off a unit to help with intake
Required services denied due to insufficient staffing.◦Key symptom: “Well, it depends on staffing” as
a response from youth and staff.
Segregation Issues
Is it ADMINISTRATIVE or DISCIPLINARY?◦Administrative segregation prior to disciplinary
segregation◦Youth on administrative segregation not
receiving normal privileges (except those related to the purpose of the segregation)
◦Includes youth on separate program for classification purposes
No review available◦What is the purpose of the review: to see if they
can return to program or to extend them?
Orientation Issues
Missing recent Title 15 additionsAgency can’t demonstrate that youth
receive all the relevant information
What you can do:Some alternative approaches:
◦Dedicated orientation unit◦Dedicated orientation staff◦Checklist◦Quiz to reinforce most critical information
Use of Restraint Issues
No clear reason for restraintMissing hourly reviewsChecks—not actual documented
observation of behaviorMissing policy on pregnant minors
What you can do:Well-designed form can guide staff through
high anxiety situationsCoordination & communication with
medical and mental health staff◦Weekly MDT-Standing agenda item
Religious Program Issues
Youth on lock-down during religious programming
Quality of “other program activities” offered to youth who choose not to participate
Applies to any religious program, not just Sunday church service
What you can do:Review/audit alternative programming
Use of Force Issues
No clear definition of forceLack of standardized reportingLack of administrative reviewNot including policy for pregnant minors
What you can do:TrainingOngoing review of policy and procedureEnsure administrative review
◦Team approach
QUESTIONS?
Juvenile Detention Profile Survey
Juvenile Hall
Library Staff Wins Ju
venile Justice
Award! | Flick
r ...
Juvenile Hall Library Staff Wins
Juvenile Justice Award!
Top 10 Award: Juvenile Hall Discharge Process Probation ...LA County honors its best in efficient, effective and caring service.
Teacher at juvenile hall among Golden Bell award winners - Marin ...May 25, 2008 – BART JONES points out the orange and blue stripes in the quilt his students made.
Juvenile Justice Commission Awards
2011 - The Juvenile Hall ...
The Hall Closet Thrift Store
volunteers were awarded the
"Outstanding
Contribution/Service by a
Community Volunteer" award at
this year's Juvenile Justice
“Spirit of Goldstein” Award at
the 2011 Evidence-Based
Practices Symposium sponsored
by the California Institute of
Mental Health for quality delivery
of “Aggression Replacement
Training.” the first recipients in CA to
receive this award Alameda
County Juvenile Hall, Contra
Costa Juvenile Hall, San Mateo
County, STARS Behavioral Health,
Ventura County Juvenile
Probation
7 Honored for Helping Crash Victims in Front of San Luis Obispo County Juvenile Hall
Seven county employees received honors from the SLO County BOS for their swift action in helping people who were hurt in a traffic accident outside Juvenile Hall on Jan. 7. The board commended juvenile services officers Martin Meraz, Denise Dufrene, and Kyle Owens; correctional technician Amy King; supervising deputy probation officer Kyle Nancolas; physician’s assistant Pam Beaumont; and mental health therapist Jim Pearce.
Sacramento Youth Detention Facility Receives National Award
The Council of Juvenile Correctional Administrators (CJCA) announced that Sacramento County’s Probation Department was selected as the winner of a national award for extraordinary improvement to juvenile detention facility quality of life and operations by using performance-based standards (PbS).
San Bernardino’s Gateway Program Earns National
Honors
On July 15, Gateway earned a national achievement award from the National Association of Counties. The recidivism rate for juveniles in the program is much lower compared to the state's re-offense rate. Recidivism is at 36.5% for the Probation Department in contrast to 80% for the state juvenile justice system.
Dot Jones is nominated in the Outstanding Guest Actress In A Comedy Series category for her role as Coach Shannon Beiste on the FOX series "Glee." The Hilmar native transferred to Fresno State in 1984 after spending two years at Modesto Junior College. She worked at the Fresno County Juvenile Hall after graduating from college.
Ten year reductions
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
0
1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
74757513
7273 76928011
77577470
7093
63796019
96369246 8826 9046 9001 9068 8831
8614
66986605
High Day
Bookings
What does $$ have to do with it?
45K - 59K
61K-76K
82K-105K
0 0.5 1 1.5 2 2.5 3 3.5 4
3.74
2.93
2.33
Juvenile Incarceration Rate and Median Income (2011)
Juvenile In-carceration Rate
You do the analysis!
COUNTY A
Number of juveniles, ages 10 – 17: 31,007
Median Income: $76,100
Juvenile Hall ADP: 33.83
COUNTY B
Number of juveniles, ages 10 – 17: 32,646
Median Income: $73,300
Juvenile Hall ADP: 100.41
Digging Deeper
COUNTY ANumber of
bookings/month: 62.66
# of 777 bookings/month: 27.16
# of direct file bookings/month: 1.6
Probation Budget:$24 million
COUNTY BNumber of
bookings/month: 151.5
# of 777 bookings/month: 48.83
#of direct file bookings/month: 1
Probation Budget:$42 million
What else would you want to know?
Medi Cal and the Affordable Health Care ActDr. Steven Rosenberg & Nancy TorreyCommunity Oriented Correctional Health Services (COCHS)
Medical issues in juvenile detention facilitiesDr. Carrick Adam
Death In CustodyWhat you need to know:
Section 1341 Death & Serious Illness or Injury of a Minor
Report to DOJ & BSCC Medical And Operational Review Deaths, Suicide Attempts, Suicide
Prevention Notification Of The Juvenile Court And
The Parent, Guardian
Section 1341
Government Code Section 12525
◦DOJ - Statistics (916) 227-3545
◦BSCC – Written StatementFacts surrounding the case
Section 1341
Purpose
Medical And Operational Review
Facility Administrator, Health Administrator, Responsible Physician, Health Care and Supervision Staff who are relevant to the incident
QUESTIONS?
Youth in Adult Court Holding Facilities:Probation’s ResponsibilityWhat you need to know:
Separation Requirements
Is separation required?◦Adult Court JurisdictionNO-JJDPAYES-State WIC
◦Juvenile Court JurisdictionYES-JJDPA & WIC
Title 15 Requirements (Adult)
Sheriff’s Department is accountable and inspected for:◦Separation Including entrance and exit from holding areas.
◦Safety Checks30 minutes.
◦Classification Plan Information about the youth’s risk of harm to self or others must be shared.
Other Areas of Consideration
Dry Cells?Food or snacks available?What has probation agreed to?Transportation?
Why Does Probation Care?
Written agreement between departments.◦Who is responsible for supervision of youth?
QUESTIONS?
Juvenile Regulations Revision2011-2013
Revision Timeline
November, 2011◦ESC met to review comments and provide direction to workgroups
January-February 2012◦Workgroups MetAdministrationClassificationProgramsEducationHealthTitle 24 (Physical Plant)
Revision Timeline
April, 2012◦Workgroup Chairs presented proposed regulations to ESC
May, 2012◦CSA Board approved proposed regulations
Proposed Regulation Revisions
Some general clean up:◦Replacing “minor” with “youth”◦Change CSA to BSCC◦Some grammar geek stuff◦Develop “and implement” policy and procedure.
1302, Definitions
Couple important new ones to amplify other regulations:◦Clergy (§1372)◦Exigent (§1321, Staffing)◦Gender expression, gender identity, sexual orientation, transgender youth(§1352)
◦Non-school day (§1371)◦Separation (§1354)◦Special Visits (§1374)◦SB 81/construction related
Definitions, continued
Revised definitions◦IEP◦Living unitRemoved language about permanent barrier
◦Psychotropic medicationDeleted some
◦Intensive supervision unit◦Licensed health care personnel
Section 1321, Staffing
Strike out “asleep” and specify ratios when youth are “confined to their room for the purpose of sleeping.”
Clarify that other staff, e.g., administration, supervision, etc., are not considered youth supervision staff.
Defined exigent.
P&P, Safety Checks
Section 1324, Policy and Procedure Manual◦Biennial, as opposed to ANNUAL review.
Section 1328, Safety Checks◦Clarifies safety checks while in holding cells and confined to bed in dormitory.
◦Clarifies that checks are documented at the actual time the check is completed.
Section 1329, Suicide Prevention Program
NEW REGULATION!Intended for both custody and health staff—
encouraging collaboration and cross training. Includes:◦Training◦Screening for suicide risk immediately upon confinement
and prior to housing assignment. ◦Provisions facilitating communication Guidance on
housing of youth at risk of suicide. ◦Adequate supervision depending on level of suicide risk.◦Suicide and suicide attempt intervention policies and
procedures.◦Provisions for reporting suicides and suicide attempts.◦Critical incident debriefing.
Admission and Classification
Section 1350, Admittance Procedures◦Halls shall have policy and procedure for advising committed youth of their estimated length of stay.
Section 1352, Classification◦Provision that youth not be separated based solely on race, ethnic group identification, ancestry, national origin, color, religion, gender, sexual orientation, gender identity, gender expression, mental or physical disability, or HIV status.
Section 1354, Separation
Policy and procedure must address the reasons for separation:◦Medical and mental health conditions
◦Assaultive behavior◦Disciplinary consequence◦Protective custody
Daily review of separated youthNew definition
Use of Force, Restraint, Search
Section 1357, Use of Force◦Add appropriate response if use of force is
ineffective.Section 1358, Use of Physical Restraints
◦Reordered to highlight priorities.Section 1360, Searches
◦Searches shall, to the extent possible, be conducted in a manner that preserves the privacy and dignity of the person being searched.
◦Develop policy and procedure for searching transgender youth.
Grievance, Discipline, Programs
Section 1361, Grievance Procedure◦Youth may grieve mistreatment, harassment, or
violations of nondiscrimination policySection 1378, Social Awareness Program
◦Add tolerance and diversity.Section 1391, Discipline Process
◦Clean up language◦Replace “penalties” with “consequences”◦Violations that result in camp removal, but not
return to court, follow due process
Section 1370, Education Program
Inspection of program completed by someone other than principal or school staff.
Clean up of technical language.Ensure that movement time foes not
interfere with minimum school time.Enrolled in school ASAP, no longer than 3
days.
Section 1371, Recreation, Programs, and Exercise
New name!Codify intent:
◦To maximize the time youth are out of their rooms and not confined to their bed.
Separate out three requirements:◦Recreation: one hour daily of unscheduled
activities.◦Programs: social awareness programs as
outlined in Section 1378◦Exercise: one hour of large muscle exercise
daily.
Health, Nutrition and Environmental Heath Revisions
Two year policy reviewPolicy and procedure to address youth who may
have special needs when using showers or dressing/undressing
Intoxicated youth who are a threat to themselves or others
Updates provisions for consent (SB 739)Preventative dental care; annual dental exams if
in the facility more than a yearLowered caloric intakes; added guidance for
sodiumShaving: males-daily, females-legs and underarms
weekly
Title 24, Physical Plant Revisions
Deleted intensive supervision units
Other Action
PREA Working Group (?)LGBT Working Group
◦To develop white paper/proposed regulations
Post Disposition Commitment◦Working group to go over issues and identify any solutions
NEXT STEPS
Open public comment period◦45 days long◦Two public hearings:One in Southern CaliforniaOne in Northern
New Title 15 final early next yearTitle 24 later in 2013
THANK YOU!!
You all made the regulations revisions a HUGE success.
Wrap up
Any questions?
Sign sheet for e-mail copies of documents
Allison Ganter, Field [email protected]
Toni Gardner, Field [email protected]
Rebecca Craig, Field [email protected]