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 H

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Library Staff W

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Award! |

Flickr .

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Juvenile H

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Juvenile Ju

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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

72737692

8011

77577470

7093

63796019

96369246 8826 9046 9001 9068

88318614

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 A

Number 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 facilities

Dr. 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 Representative916.323.8617allison.ganter@bscc.ca.gov

Toni Gardner, Field Representative916.322.1638toni.gardner@bscc.ca.gov

Rebecca Craig, Field Representative916.324.2600Rebecca.craig@bscc.ca.gov