La County Jail Report on Oig Recommendations 2-14-12
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<![o:unil!' of 1Ilns .Angl!ks ~httiff5 .lll"l'ar!nretd 'Lu~ 47UU lUmum" 'lilIU.u.;lItrlr .JIiLmt.r"l1 Jmh, ClIalifurniu Yt754-Z:U;9 February 14, 2012 The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Administration Los Angeles, California 90012 Dear Supervisors: 30-DAY STATUS OF RECOMMENDATIONS MADE IN THE OCTOBER 18, 2011, BOARD OF SUPERVISORS' MEETING REGARDING THE MERRICK BOBB AND OFFICE OF INDEPENDENT REVIEW REGARDING THE JAIL SYSTEM On October 18, 2011 , your Board requested that the Sheriffs Department (Department) report back on the motion to immediately implement the recommendations previously made by Special Counsel Merrick Bobb and the Office of Independent Review. In addition. your Board requested the Department report back on deputy worn video cameras. the status of the Department's hiring practices. sting audits. a force rollout team, and the length of time deputies serve in the jails. Attached is an update on each recommendation from the January 10, 2012. response . Should you have any questions or require additional information, please contact me or Assistant Sheriff Cecil W. Rhambo, Jr. , at (323) 526-5065. Sincerely. LE OY D. BACA SHERIFF :7l Jrcuidion oj Service RECOMMENDATIONS BY MERRICK BOBB AND OFFICE OF INDEPENDENT REVIEW REGARDING THE JAIL SYSTEM COUNTY OF LOS ANG ELES - SHERIFF'S DEPARTMENT The purpose of this document is to provide a status to the recommendations by date, title, prepared by Special Counsel Merrick J. Bobb, the Office of Independent Review, and the Board of Supervisors. I. Install surveillance cameras at the Men's Central Jail, the Inmate Reception Center and the Twin Towers within 30 days and develop a plan to purchase and install surveillance cameras at the remaining jail facilities. To date, the Deparlment has installed a total of 552 cameras at the Men's Central Jail (MCJ), 17 at the Inmate Reception Center (IRC) and is projected to have a total of 716 cameras installed at MCJ by the end of May 2012. The attached document (Camera Project Status Reporl) depicts the Deparlment's current status on camera installation and the projected total of cameras. The installation of cameras is running ahead of the network upgrade that is needed for the volume of video data being transferred; therefore, the installers have been scheduled to work regular 40 hour work weeks. A porlion of the installation crew has moved to Twin Towers to access cabling routes and starl installing conduit in preparation of the full crew's arrival. Data Storage As reporled in the January 10, 2012, letter, new servers for storage of video data was installed on December 15,2011. These servers will provide permanent storage for up to 25 months at MCJ. The Intemal Services Division (ISO), with the assistance of the Chief Information Officer (CIO) has completed a successful bidding process for the network upgrade equipment and a Purchase Order was released January 24, 2012. It is antiCipated that some of equipment will arrive by the end of February. Policy The Deparlment has created a new Custody Directive establishing procedures for the recovery and retention of video content regarding a force incident. Note: Any noteworlhy incident is immediately copied to a permanent file for any investigative purpose. Page 1 of 8 RECOMMENDATIONS BY MERRICK BOBB AND OFFICE OF INDEPENDENT REVIEW REGARDING THE JAIL SYSTEM II. Eliminate the use of heavy flashlights as batons to subdue inmates. The Department has been involved in several meetings with the Association for Los Angeles Deputy Sheriffs (ALADS) regarding the use of flashlights in the jails. The Sheriff has directed policy be implemented to limit the size and weight of the flashlight. The policy is being drafted to specify the flashlights shall not weigh more than 17 ounces, and shall not be more than 14 inches in length. In addition, the flashlight shall be of plastic or nylon composite material only. III. Eliminate the use of "steel-toe" shoes. Recommendation implemented. On October 24, 2011, the Department made revisions to the existing "Footwear" policy (3-03/225.00). Research of existing personnel showed that Department personnel have never wom "steel toe" boots in any capacity; however, the Department formally revised the policy to strictly prohibit any use of "steel toe" boots. IV. Revise the Policy on Head Strikes with Impact Weapons to forbid all head strikes, including, but not limited to, head strikes against fixed objects such as floors, walls or jail bars, unless the standard for lethal force has been met. Recommendation implemented. On October 10, 2011, the Sheriff initiated a new policy "Force Prevention Policy" which provides directions for personnel relating to respect based treatment of incarcerated individuals. This policy was discussed with the ALADS working group and is being redistributed to all personnel in the jails. On October 26, 2011 , the Department made additions to the existing "Unreasonable Force" policy to strictly prohibit head strikes against a hard object. This policy is currently being reviewed by the ALADS working group; however, the Custody Force Response Team (CFRT) responds to all force incidents where any head strike occurs, whether the strike is initiated by personnel, or by contact with floors, walls or other hard objects. V. Rotate Jail Deputies between floors at Men's Central Jail and to other jail facilities at no less than six-month intervals. Recommendation implemented. Page 2 of 8 RECOMMENDATIONS BY MERRICK BOBB AND OFFICE OF INDEPENDENT REVIEW REGARDING THE JAIL SYSTEM In January 2011, Men 's Central Jail began rotating their staff no less than every six months. The other jail facilities have developed their scheduled rotations and are awaiting a meeting to consult with ALADS, which is scheduled for February 16,2012. VI. Enforce the Anti-Retal iation Policy to prevent Sheriff's deputies from retaliating against inmates speaking with legal representatives or inmate advocacy groups or for expressing dissatisfaction with jail conditions. Recommendation implemented August 2011 . In August 2011, the Department made revisions to the existing "Treatment of Inmates (5-121005.00) policy to prevent deputies from retaliating against inmates. All staff assigned to Custody and Correctional Divisions were provided a formal briefing of the revisions to the policy. The briefing began August 4, 2011, and continued for a two-week period. In addition, the Department has redistributed the policy on October 25, 2011, for another two-week recurring briefing to ensure each staff member is fully aware of the expectations of the policy and has mandated quarterly recurring briefings be conducted. The CMTF is working on a new policy to mandate all complaints of retaliation will be thoroughly investigated by Internal Affairs and reviewed by the Commanders in the CMTF. Pending the policy implementation, all retaliation cases are being reviewed by the CMTF and assigned to a lieutenant for a thorough investigation. VII. Interviews of inmates who make claims of excessive force should not be conducted by, or in the presence of, the deputies or their supervising sergeant involved in the alleged use of force. Recommendation implemented. On October, 26, 2011, the Department made revisions to the existing "Use of Force Reporting and Review Procedures" policy ensuring privacy during force interviews. VIII. Interviews of inmates alleging use of force and any witnesses must occur as soon as feas ibly possible, but no later than within 48 hours of the incident. Recommendation implemented. On October, 26, 2011 , the Department made revisions to the existing "Use of Force Reporting and Review Procedures" policy directing supervisors to immediately conduct interviews. Page 3 018 RECOMMENDATIONS BY MERRICK BOBB AND OFFICE OF INDEPENDENT REVIEW REGARDING THE JAIL SYSTEM IX. Develop a prioritization process for Use of Force Investigations to ensure that the most severe incidents are completed within 30 days and that all others are completed within 60 to 90 days. Recommendation implemented. As previously noted, the Department developed a CFRT Policy that established new criteria for force review in the jails. The new categories of force and the CFRT ensure that significant force cases, not handled by Intemal Affairs, are extemally evaluated and completed within 30 days. At that time, they are reviewed by the newly formed Custody Force Review Committee (CFRC), which consists of three Commanders. The first CFRC is scheduled for February 16, 2012, and includes oversight by the Office of Independent Review. The Department continues to process the most severe incidents as Intemal Affairs Investigations, which are generally completed within 90 days unless unexpected circumstances arise. X. Develop a plan for more intense supervision that requires jail sergeants to directly supervise jail deputies, including walking th e row of jail cells and floors and respond ing as soon as possible to any notification of interaction where force is being used on an inmate. Recommendation Implemented at MCJ on November 6, 2011 . On October 27, 2011, the Department delivered a letter to the Chief Executive Officer requesting additional supervisory staff in the jails. However, the Department felt it was imperative to immediately increase staffing at MCJ. Effective November 6, 2011, 19 sergeants were added to MCJ cutTent staffing to ensure the appropriate supervision was in place. These items were removed from other critical areas within the Department and deployed to cover both Day and PM shifts. There are now 2 sergeants assigned to 2000, 3000, 4000, 5000, and 9000 floors, and a full-time sergeant dedicated to 170011750. All sergeants were briefed on the expectations to be visible and actively monitoring activity on the floor at all times. In addition, the Department is working on "duty statements" for all Custody personnel to ensure they have a full understanding of the expectations of their assignment. XI. Immediately mandate that all custody medical personnel report all suspicious injuries of inmates to the Internal Affairs Unit or the Captain of the jail facility where the inmate is housed. Recommendation implemented. Page.4 of 8 RECOMMENDATIONS BY MERRICK BOBB AND OFFICE OF INDEPENDENT REVIEW REGARDING THE JAIL SYSTEM On October 26, 2011, the Department's Medical Services Bureau revised the "Injury/Illness Report Inmate" policy (M206.09) to include a provision requiring medical staff to advise the facility watch commander in the event an inmate reports/alleges that their injuries are the result of force used by a Department employee. XII. Report back on the role of the new Jail Commanders and how they will be used to reduce jail violence. Since the implementation of efforts by the CMTF to reduce jail violence and associated use offorce incidents, total significant uses offorce continue to decline. Two documents are attached relating to force incidents in the jails: Force Used by Month - Significant force vs. Less significant force Force Year to date - 2007 to 2012 The Jail Commanders continue to worn with each custody unit to accomplish the goals set forth by the Sheriff. The new Jail Commanders oversee the operations of the CMTF, which is now comprised of 5 commanders, 8 lieutenants, 8 sergeants, and 4 support staff. The newly assigned Commander will be worning with the inmates, deputies, and communities within Los Angeles County to continue promoting an increased line of communication. The lieutenants, sergeants, and support staff are all items that were removed from critical units within the Department and deployed to this task force. The CMTF Mission is to assess and transfonn the culture of the custody facilities in order to provide a safe, secure learning environment for our Department personnel and the inmates placed in the Department's care. The CMTF's purpose is to empower Department personnel to provide a level of professionalism and serve the needs of inmates consistent with the Department's "Core Values. " The CMTF's responsibilities and goals include promoting community trust, reducing jail violence by changing the deputy culture of the custody environment. encouraging respect based communications with inmates, reviewing and implementing new training for staff assigned to the jails, preparing and revising all directives/policies necessary to implement Special Counsel Merrick Bobb/Office of Independent Review recommendations, analyzing force incidents and developing and implementing a custodial career path. The 8 lieutenants work directly in accomplishing the goals set forth by the Sheriff and Commanders. The 8 sergeants are comprised as a jail force "roll-oul" team Page 5 of 8 RECOMMENDATIONS BY MERRICK BOBB AND OFFICE OF INDEPENDENT REVIEW REGARDING THE JAIL SYSTEM (CFRT) who oversee, mentor and review all significant force cases that meet a particular criterion, yet do not rise to the level of an Intemal Affairs investigation. XIII. Sheriff to work with the Chief Executive Office to immediately study the feasibility of purchasing Officer Worn Video cameras for all Custody personnel to use, to identify potential funding for this purpose, and develop appropriate policies and procedures for the use of these cameras. Policies should include a requirement that custody personnel record all interactions with inmates, including Title 15 checks, any movement throughout the jail facilities and any use of force. Each failure to record or immediately report any use of force against inmates must be appropriately disciplined. The Department has received 30 cameras for the test pilot program. The cameras will be evenly deployed at specific locations within MCJ and TTCF. The portable video cameras will be worn by deputies interacting with inmates with a history of mentally illness, violence, and hostile behavior toward jail staff. The Sheriffs Department will assess the usefulness of the devices after conducting a six month pilot program. XIV. Consider the feasibility of targeted and random undercover sting operations performed in custody facilities to ensure deputies are working within policy. The Sheriff discussed this motion during the November 1, 2011, closed session meeting. XV. Consider a "roll~out team" to investigate when there is a use of force in a custody facility. Recommendation implemented. Beginning November 2011, the Department created the CFRT, comprised of 8 sergeants and a lieutenant, who are tasked with responding to custody facility force incidents. The CMTF created a set of criteria that mandate facility watch commanders to contact the CFRT and request a response. The CFRT Sergeant will oversee and assist in the force documentation for the facility. In the course of reviewing the inCident, the CFRT Sergeant shall give specific direction to the handling supervisor. If any policy violations are discovered, the CFRT will immediately assume responsibility of the force investigation and initiate an internal investigation. Page 6 018 RECOMMENDATIONS BY MERRICK BOBB AND OFFICE OF INDEPENDENT REVIEW REGARDING THE JAIL SYSTEM All incidents requiring a CFRT response will be reviewed by a newly formed CFRC comprised of 3 Commanders assigned to Custody and Correctional Services Divisions. The CFRC has the authority to order additional investigation, make recommendations, or request an Internal Affairs investigation if there appears to be a possible violation of Department policy. Since the implementation of the CFRT, they have responded to 22 incidents. The first CFRC to review these force incidents is scheduled for February 16, 2012, which includes oversight by the Office of Independent Review. XVI. Report back in 30 days on the hiring standards for deputy sheriffs and how they changed during the last hiring push. Recommendation completed - A full report on the hiring standards was provided in the November 1, 2011, lette, Custody Assistant Cap within Custody and Correctional Divisions In compliance with the Memorendum of Understanding between the Department and ALADS regarding the Custody Assistant hiring Cap, the following is information ending December 31, 2011: The Custody Assistant hiring Cap for FY 2011-12, based on 35 percent of the aggregate total of budgeted deputy generelists and custody assistants (in custody facilities only, excluding Mira Loma) is 1,005. There were 933 positions filled, which represents 32 percent of the aggregate total of budgeted deputy generelists and custody assistants. The Department currently has a Custody Assistant academy class consisting of 20 recruits setto greduate on March 31, 2012. There are also four additional classes scheduled to greduate this year. Attached is a greph depicting the Quarterly Custody Assistant Cap since 2008. XVII. Consider a two-track career path for deputies, patrol deputies and custody deputies. On December 16,2011, members of the CMTF concluded an extensive twomonth study which analyzed different methods of implementing a two-treck career path within the LASD. Study results and CMTF recommendations have been presented to the Chief Executive Office (CEO), ALADS, PPOA, and the Public Safety Cluster Agenda Review meeting on February 8, 2012. The Department will be worning with the CEO towards implementation of this proposal. XVIII. Review existing policy of assigning new deputies to custody functions, specifically, the length of time spent in custody and the hiring trend as its Page 7 of 8 RECOMMENDATIONS BY MERRICK BOBB AND OFFICE OF INDEPENDENT REVIEW REGARDING THE JAIL SYSTEM primary determining factor, and revise the policy to reduce the length of time deputies serve in custody. On October 28, 2011 , the Department authorized custody personnel to initiate extensions if they desire to remain in their current assignment. To date, 280 deputies have taken advantage of this offer, which wiff ultimately cause a reduction of time that deputies will serve in a custody assignment. As noted in the above item, recommendations for a two·track career path were presented to the CEO, ALADS, PPOA, and the Public Safety CARs meeting on February 8, 2012, which will reduce the length of time deputies serve in custody. Page B alB CAMERA PROJECT STATUS REPORT 2/6/2012 MCJ MEN CENTRALJAIL 17S0 FLOOR CAM ERAS REQUIRED INSTALLED NEEDED 42 33 2000 FLOOR 3000 FLOOR 139 132 142 97 9 7 4 146 97 4000 FLOOR SOOOFLOOR 9000 FLOOR 42 24 GOOOFLOOR 25 7000 FLOOR 8000 FLOOR 23 29 PAROLE OLD IRC BASEMENT/KITCHEN REPLACED ANALOG CAMERAS VISmNG 19 24 31 42 22 25 20 16 0 0 0 0 2 0 3 13 19 24 0 0 31 52 23 23 0 716 552 164 CAMERAS REQUIRED INSTALLED NEEDED LEVEll 47 47 LEVEL 2 36 0 0 LEVEL 3 LEVEL 4 52 52 0 0 TOTAL: 52 TTCF TOWER 1 36 52 LEVELS 52 0 52 52 LEVEL 6 52 0 52 LEVEL 7 52 0 52 0 0 38 54 0 0 37 54 0 0 52 LEVELS 52 52 LEVEL 6 52 0 LEVEL 7 52 0 52 52 LEVELl 30 17 LEVEL 2 45 0 13 45 755 17 738 TOWER 2 LEVEL 1 38 37 LEVEL 2 LEVEL 3 LEVEL 4 52 IRC TOTAL: A LOS ANGELES COUNTY SHERIFF'S DEPARTMENT ~:x 'Yo I FORCE USED BY MONTH SIGNIFICANT VS LESS SIGNIFICA NT 2011 .=. ':: ,... I.!':.I'::I,... I,!:, W _ ,.... I.=.I':".:I,.... I .!':~,... I ,!:,~ , , , , ::J L Lb LL.,:JL ~ i=0M"M ,!:. """ "".. I '::' I':: h... L.!':. 1':~ 1,;::. I~-'" ~ 1.'" I'!"'" r~ ,~ 'oW ~ ~ ::iJb J: t:::Bb ,'OMOM I,!:' I_I ,;:o~•..1 I J:bj 2012 ,;:01_1,... 1 '='I_lr~.I ,;:.~ .. I ,;:.~ , ~ 1,;::. _' r... ! ':::.~I ,... ,:::. 1':"':" ~~~ L':" ,... 1,!:, I,!"", ~ ~ I~-'" Ir~ .::. -' ... , ffi'=' ffi :t= P1lI: ~L t: r''' L.... •• __-' . _. .... . . - ~- ,, -- - . . -- , - Force By Month 2011 ro ~ ~ ~ / "" ~'" '------ " """".V \ ~ \ V ~ \ ~ ~ , J.~ 11 f e b II MorU Apr 11 MavU _ reporUbI~ Iorcr Is less ·· · /\ ~ M " i' ~"rchinl JuiU J"" 11 Slcniflc.anl _ _ "" '" "'" /""-. /' """" Sep 11 ... ",,11 u..5ifniI\o:onl /'- 001 11 N.,.lI D<rc 11 J.n 12 fob 12 (ombir.d I!!JtIdiazI!{ when it is limited to 30V 01 1M Io:!owinl lind tll~r~ is no injury or «Nnpl;oin! of Pllin nor ..., indiution of ml$Conduct: ilnd handcuffinl ttch~iques resisted by th~ lUlPect, Oepartment·.pprove<! control holds, come-~Ionl. or like down, Ust ofOleore~n capsicum 5proy, Pepperb;oll projectile. F~<e +~ Gr Otep Freeze .er05ab, or Oleoresin capsicum powder from;o ~ epperb;oll projectile wheo the suspect is not struck by. ep,)luble force is ilI!!it!malwhen It involves any 01 tile following: ·· ·• Suspect Injury resultlna from use of force, Complaint oIpain Or injury resulting from use of force, IndiUlion 01 allegllion of ml$(onduC! in the Ipplle.ation of force, Any "pplititiOl'l of bee that is &relller th;o" ;0 Dt9artment~pravlMI control hold, ccme-ilanl. or u ke down. This IndudH the activ.!lon of the electronic Immobllintion belt or the use oltlle Toul Appenda,e Resm,int Procedufl! [TAll!'J. lOS ANGelES COUNTY SHERIFF'S DEPARTMENT FORCE USED YTO 2007-2012 120 80 "'" 2Ot---~--------------------------------------- Z007 z008 Total Tota' , i I"" IF,b 1M" lA" 96 84 110 100 " 1M" I'" lA', I", &t r 82 .8 89 76 ..,, 7; losl 99 ~14~ ZOO. Z010 Z01 zou Total i Total Total Tota' •• 8' 90 i i 4' 51 81 i H 84 11• 8() -* 85 63 67 . 63 62 34 23 56 43 561 521 56 1056~~ 2012 - 2011 - 2010 - 2009 - 2008 2007 '0 t-----------~~------------~------~~~~---- Mooth - 5; --Sheriff's Department Quarterly Custody Assistant Cap ,."'" '.>00 .. ,.. ,.. ,.. ,.. ,.. ,.. ,.. ,.. '.'",.. "",.. ,.. , 1,114 1,112 1,112 1, 102 t,t2T 1,114 1,121 1.121 1,043 1,018 ~ '.000 Z ~ ~ I!; I" z '" 992 ,n '" 31.4" 31.2" 30.'" '" '" 30.' 30.1" 99' '" 30.1" '" 30.3" '" '" '" ". '30 29.2" '" ". '" ". " " 3rd Qt. 1N 4th Qt. I _ .. 1.<143 800 ". '."" , '" ". '" ". " " "" "" 4th Qt. I 111 Qtr TIME PERIOD _ Y:ICAc:.p>.FY II-l:ncAcap Hilla'U"I _ _ .1du CAe., ~ filll:"d ,~"" I 2nd Qu N_ I 1st Qt. I 2nd Qt. I _ 1 ~ 3rd Qt. N_ ~ I ~ 2nd QIr ~ I _ lsI Qt. ~ I _ 4th Qtr ~ I _ 3.d Qt. N " _ - '" ~ I _ 2nd Qt. ~ I ~ " _ lSI Qt. '" ~ w_ m m ~ ---- '" _ 0 "2 ~ 200 COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT "A Tradition of Service" DATE; ~ ¥C OFFICE CORRESPONDENCE January 5, 2012 FI LE NO. /~-",/,~ ~ FROM :..-ctfN"RA6 M~DIRECTOR FINANCIAL PROGRAMS BUREAU SUBJECT TO LAWRENCE A. BROGAN , CAPTAIN BUREAU OF LABOR RELATIONS AND COMPLIANCE QUARTERLY REPORT TO ALADS ON CUSTODY ASSISTANTS WITHIN CUSTODY & CORRECTIONAL DIVISIONS In compliance with the agreement between the Department and ALADS regarding the Custody Assistant hiring cap , the following information relating to the Custody facilities pe r the Memorandum of Understanding is being provided for the quarterly report ending December 31,2011. Number of budgeted Deputy Sheriff Generalist and Custody Assistant positions for FY 2011-12 2,871 Cuslody Assistant hiring cap for FY 2011 -12 based on 35% of the aggregate tota l of Deputy Sheriff Generalists and Custody Assistants: 1,005 Number of Custody Assistant positions fiJJed as of 12/31/2011: 933 Percentage of Custody Assistant positions filled to budgeted Deputy Sheriff Generalist and Custody Assistant positions as of 12/31/2011: 32% Should you have any questions regarding the information provided herein, please contact me at (323) 526-5232 or Assistant Director Rick Cavataio at (323) 526-5144. Los Angeles County Sheriffs Department Quarterly Custody Assistant Cap Report October 1, 2011· December 31, 2011 2010·11 Adjusted Budget 2011 ·12 Adjusted Budget Change From 2010 ·11 1,994.0 984.5 1,882.0 989.0 112.0 -4.5 2,978.5 2,871 .0 107.5 1.042.5 1,004.9 37.S M.O.U. Custody Fac ility Staffing Deputy Sheriff Generalists (1) Custody Ass istants (1) Total M.O.U. Staffing (1) Custody Assistant Position Cap (2) (1) Custody Assistant CAP Memorandum of Understanding includes the following facilities: Men's Central Jail, Twin Towers Correctional Facility, North County Correctional Facility, Pitchess Detention Center - East, Pitchess Detention Center· North , Century Regional Detention Facility and Inmate Reception Center. (2) Custody Assistant Cap = 35% of budgeted Deputy Generalists and Custody Assistants for the aforementioned facilities per the Memorandum of Understanding.