Report 2018-106 All Recommendation Responses

Report 2018-106: Correctional Officer Health and Safety: Some State and County Correctional Facilities Could Better Protect Their Officers From the Health Risks of Certain Inmate Attacks (Release Date: September 2018)

Recommendation #1 To: Corrections and Rehabilitation, Department of

To ensure the health and safety of its employees and hold its supervisors accountable, CIM should revise its policies and procedures to require documentation that its supervisors are notifying victims of gassing attacks in a timely manner of their right to request that the inmates involved be tested for communicable diseases.

6-Month Agency Response

Supervisory Staff will continue to be held accountable for repeated similar/same infractions keeping in line with DOM, Chapter 3, Article 22, Section 33030, entitled Employee Discipline.

CIM revised its local operating procedure to include the recommendations as noted below by section:

It is the Incident Commander's responsibility to advise the employee of their right to request the inmate involved be tested for communicable diseases , via the CDPH 8459 (attachment E).

In addition the Incident Commander shall ensure the employee is advised of counseling services available to them through the Employee Assistance Program and the Peer Support Program at CIM.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

Supervisory Staff will continue to be held accountable for repeated similar/same infractions keeping in line with DOM, Chapter 3, Article 22, Section 33030, entitled Employee Discipline.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #2 To: Corrections and Rehabilitation, Department of

To ensure the health and safety of its employees and hold its supervisors accountable, CIM should revise its policies and procedures to require documentation that its supervisors are notifying victims of gassing attacks in a timely manner of the counseling services available to them.

1-Year Agency Response

In the event of a gassing attack, the Incident Commander shall ensure that all required documentation and forms are completed with the incident report to ensure the victim(s) are provided with adequate medical evaluations. CIM revised the Attachment A- Staff Battery Review Form (Rev. 8/18) to include the following: was the Employee (EE) provided Attachment B- Revised Form California Department of Public Health (CDPH) 8459 and was the EE advised of counseling services (EAP/Peer Support). This form is utilized during the Institutional Executive Review Committee, during the Staff Battery Review Subcommittee. CIM revised the local operating procedure Attachment C- Department Operations Manual Supplement Section 54110.1 on

January 15, 2019; to include Employee Counseling and Responsibilities. DOM Supplement is attached as proof of practice. CIM revised the local Attachment D- Injury and Illness Prevention Program (IIPP) Form 5 to address aggravated battery (gassing). The IIPP Form 5 serves as the California Department of Corrections and Rehabilitation (CDCR) supervisor's accident investigation report. IIPP Form 5 is one of the first forms that must be completed when a recordable injury or illness has occurred.

A work group that will provide direction to the field on how to manage a gassing incident has been established to update current policy and procedures on a statewide level. The work group will be focused on bringing CDCR's policy in line with AB 294 recent changes and the Penal Code, which will ultimately satisfy the recommendation.

Note- attachments will be submitted via email.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

Supervisory Staff will continue to be held accountable for repeated similar/same infractions keeping in line with DOM, Chapter 3, Article 22, Section 33030, entitled Employee Discipline.

CIM revised its local operating procedure to include the recommendations as noted below by section:

It is the Incident Commander's responsibility to advise the employee of their right to request the inmate involved be tested for communicable diseases , via the CDPH 8459 (attachment E).

In addition the Incident Commander shall ensure the employee is advised of counseling services available to them through the Employee Assistance Program and the Peer Support Program at CIM.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

We are pleased to see that the department revised its policies to notify the victims of gassing attacks of the availability of counseling services. However, our recommendation also stated that CIM require documentation that its supervisors notify victims of gassing attacks of counseling services. The revised policies do not include this provision.

60-Day Agency Response

Supervisory Staff will continue to be held accountable for repeated similar/same infractions keeping in line with DOM, Chapter 3, Article 22, Section 33030, entitled Employee Discipline.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #3 To: Corrections and Rehabilitation, Department of

To make certain that victims are aware of threats to their health, CIM should follow state law and ensure that its medical personnel immediately inform victims of gassing attacks of any evidence suggesting that the inmates involved have a communicable disease. It should further document that it has provided this information to victims.

Annual Follow-Up Agency Response From November 2020

DOM Section 54110.7 specifically addresses the legal requirement that the victim is immediately notified if there is evidence that an inmate has a communicable disease.

CIM revised its local operating procedures DOM Supplement 54110.1 to further define the Return to Work Coordinator and Incident Commander's responsibilities in the event of a gassing incident. At the time of the incident, if there is no evidence an inmate has a communicable disease as defined in 54110.7, the victim will be advised of his/her right to request that the inmate involved be tested for a communicable disease.

The work group created to provide direction to the field with a focus on bringing CDCR's policy in line with AB 294 was disbanded as the Bill was vetoed by Governor Newsom in October 2019.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Annual Follow-Up Agency Response From November 2019

Please refer to our one-year response.

California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken

CIM's revised policy does not address our concern that it will immediately notify the victim of any evidence that an inmate involved in a gassing attack is known to be infected with a communicable disease, as we discuss on page 15 of our audit report.

1-Year Agency Response

CIM has revised its local operating procedure DOM Supplement 54110.1 to include Return to Work (RTW) Coordinator's Responsibility and Incident Commander's Responsibility in the event of a gassing incident. It is the Incident Commander's responsibility to advise the employee of his/her right to request that the inmate involved be tested for a communicable disease and to ensure that the CDPH Form 8459 is sent to the RTW office. The RTW Coordinator will forward the CDPH Form 8459 to the Chief Medical Executive/Chief Executive Officer. The RTW Coordinator does not receive the test results or discuss with the victim, as this is confidential. The treating physician (Concentra) during a follow-up appointment will disclose the results and treatment plan.

A work group that will provide direction to the field on how to manage a gassing incident has been established to update current policy and procedures on a statewide level. The work group will be focused on bringing CDCR's policy in line with AB 294 recent changes and the Penal Code, which will ultimately satisfy the recommendation.

California State Auditor's Assessment of 1-Year Status: No Action Taken

CIM's revised policy does not address our concern that it will immediately notify the victim of any evidence that an inmate involved in a gassing attack is known to be infected with a communicable disease, as we discuss on page 15 of our audit report.

6-Month Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1. INITIAL EXPOSURE (Section E) The incident commander will ensure the employee reports, without delay, to the Department's employee healthcare contract provider for a consultation and treatment options.

2. INITIAL EXPOSURE (Section E) The incident commander will assume responsibility for advising the employee of their right to request the inmate involved be tested for communicable diseases, via the California Department of Public Health (CDPH) Form 8459.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

Although the department's policy was revised stating that the incident commander will ensure the employee reports the gassing attack and that the employee can request for the department to test the inmate for a communicable disease, the revised policy does not address our concern that the victim will be informed of any evidence that the inmates involved in the gassing attack have a communicable disease.

60-Day Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1. INITIAL EXPOSURE (Section E) The incident commander will ensure the employee reports, without delay, to the Department's employee healthcare contract provider for a consultation and treatment options.

2. INITIAL EXPOSURE (Section E) The incident commander will assume responsibility for advising the employee of their right to request the inmate involved be tested for communicable diseases, via the California Department of Public Health (CDPH) Form 8459.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #4 To: Los Angeles County Sheriff's Department

To ensure the health and safety of its employees and hold its supervisors accountable, Men's Central should revise its policies and procedures to require documentation that its supervisors are notifying victims of gassing attacks in a timely manner of their right to request that the inmates involved be tested for communicable diseases.

60-Day Agency Response

The Los Angeles County Sheriff's Department - Custody Division, including the Men's Central Jail, has implemented the following policy: Custody Operation Informational Bulletin #2018-06, "Supervisor's Gassing Checklist." The bulletin is to ensure consistency in completion of the Supervisor's Gassing Checklist. The checklist includes vital report forms including Communicable Disease Exposure Report, Report of Request and Decision for HIV Testing, as well as notifications to Psychological Services Bureau. Once the Supervisor's Gassing Checklist is completed, the victim employee signs the form accounting for the notifications and reports. Copies of the policy, checklist, and indicate forms will be included in this response.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

Recommendation #5 To: Los Angeles County Sheriff's Department

To ensure the health and safety of its employees and hold its supervisors accountable, Men's Central should revise its policies and procedures to require documentation that its supervisors are notifying victims of gassing attacks in a timely manner of the counseling services available to them.

60-Day Agency Response

The Los Angeles County Sheriff's Department - Custody Division, including the Men's Central Jail, has implemented the following policy: Custody Operation Informational Bulletin #2018-06, "Supervisor's Gassing Checklist." The bulletin is to ensure consistency in completion of the Supervisor's Gassing Checklist. The checklist includes vital report forms including Communicable Disease Exposure Report, Report of Request and Decision for HIV Testing, as well as notifications to Psychological Services Bureau. Once the Supervisor's Gassing Checklist is completed, the victim employee signs the form accounting for the notifications and reports. Copies of the policy, checklist, and indicate forms will be included in this response.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

Recommendation #6 To: Los Angeles County Sheriff's Department

To make certain that victims are aware of threats to their health, Men's Central should follow state law and ensure that its medical personnel immediately inform victims of gassing attacks of any evidence suggesting that the inmates involved have a communicable disease. It should further document that it has provided this information to victims.

60-Day Agency Response

The Los Angeles County Sheriff's Department - Custody Division, including the Men's Central Jail, has implemented the following policy: Custody Operation Informational Bulletin #2018-06, "Supervisor's Gassing Checklist." The bulletin is to ensure consistency in completion of the Supervisor's Gassing Checklist. The checklist includes vital report forms including Communicable Disease Exposure Report, Report of Request and Decision for HIV Testing, as well as notifications to Psychological Services Bureau. Once the Supervisor's Gassing Checklist is completed, the victim employee signs the form accounting for the notifications and reports. Copies of the policy, checklist, and indicate forms will be included in this response.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

The Los Angeles County Sheriff's Department revised its policies to require its supervisors to complete a checklist following a gassing incident. The checklist includes completion of a request for inmate testing. As we note on page 16 of our report, Men's Central would inform victims of gassing attacks of any evidence suggesting that the inmates involved have a communicable disease if the victim requested that the inmate be tested. However, officers had not consistently requested such information. Requiring the inmate testing form as part of the checklist should help to ensure that victims are informed of threats to their health.

Recommendation #7 To: Alameda County Sheriff's Office

To ensure the health and safety of its employees and hold its supervisors accountable, Santa Rita should revise its policies and procedures to require documentation that its supervisors are notifying victims of gassing attacks in a timely manner of the medical services and workers' compensation benefits available to them.

1-Year Agency Response

The Detention and Corrections Policy and Procedure (P&P) 3.15, "Infectious Disease Control" was approved and distributed for review.

This policy is fully implemented and includes all previous referenced recommendations for supervisors in the Detention and Corrections Division to notify victims of gassing attacks in a timely manner of the medical services and workers' compensation benefits available to them.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

This policy is currently under annual review and will be implemented upon approval.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

Currently in place is the Detention and Corrections Policy and Procedure (P&P) 3.15, "Infectious Disease Control." This policy sets forth the procedures for supervisors to ensure personnel obtain a medical examination and that all workers' compensation forms are completed in accordance with General Order (GO) 3.03, "Occupational Injury/Illness or Other Long-Term Illness." If needed, supervisors and staff can access GO 3.03 via the hyperlink, which is indicated by the underlined policy number. The forms can also be accessed under the "Forms" link on the Sheriff's Office Intranet.

California State Auditor's Assessment of 60-Day Status: Pending

The Alameda County Sheriff's Office did not revise its policies to require documentation that its supervisors notified the victims of gassing attacks of the medical services and workers' compensation benefits available to them. As noted on page 14 of our report, we concluded that Santa Rita Jail had policies to notify victims of their aftercare rights, but we also found that it did not track whether it notified victims of these rights. As a result, we were unable to determine if Santa Rita complied with its aftercare policies and procedures.

Recommendation #8 To: Alameda County Sheriff's Office

To ensure the health and safety of its employees and hold its supervisors accountable, Santa Rita should revise its policies and procedures to require documentation that its supervisors are notifying victims of gassing attacks in a timely manner of their right to request that the inmates involved be tested for communicable diseases.

1-Year Agency Response

The Detention and Corrections Policy and Procedure (P&P) 3.15, "Infectious Disease Control" was approved and distributed for review.

This policy is fully implemented and includes all previous referenced recommendations for supervisors to notify victims of gassing attacks in a timely manner of their right to request the inmate(s) involved by tested for communicable diseases.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

This policy is currently under annual review and will be implemented upon approval.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

The Detention and Corrections P&P 3.15 currently states, "Personnel will be informed of the benefit of an acute HIV antibody test to establish current HIV antibody status, and will also be informed that subsequent disability claims may depend upon this test." This policy was expanded and language drafted to further explain that staff have the right to request an HIV antibodies or infectious disease test of an inmate or detainee pursuant to 7510 PC and General Order (GO) 3.06 "Exposure to Blood and Other Bodily Fluids." The supervisor is to assist the employee in completing the required State of California form, "Report of Potential HIV Exposure to Law Enforcement Employees, (Attachment 2, GO 3.06)." The supervisor is also responsible for contacting the source to request voluntary submission for testing and have the source sign the "Alameda County Authorization for Disclosure of the Results of a Blood Test to Detect Antibodies to the Human Immunodeficiency Virus (HIV)," Attachment 3, GO 3.06.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

The Alameda County Sheriff's Office revised its policies and procedure (P&P) Number 3.15 to require that supervisors notify the victims of gassing attacks of their right to request that the inmates involved be tested for communicable diseases. However, the revised P&P 3.15 does not accurately reflect the requirements in the California Penal Code.

- First, P&P 3.15 Section C(1) states in part that "Employees can request an HIV antibodies or infectious disease test of an inmate or detainee pursuant to Penal Code 7522(a). However, it is Penal Code section 7510(a) that provides the law enforcement employee the right to request that the inmate who attacked them be tested.

- Further, P&P 3.15 Section C(1) appears to limit the testing to "an HIV antibodies or infectious disease test." However, Penal Code section 7510(a) states that the law enforcement employee may request a test for HIV, Hepatitis B, or Hepatitis C.

Recommendation #9 To: Alameda County Sheriff's Office

To ensure the health and safety of its employees and hold its supervisors accountable, Santa Rita should revise its policies and procedures to require documentation that its supervisors are notifying victims of gassing attacks in a timely manner of the counseling services available to them.

60-Day Agency Response

In addition to the language drafted in P&P 3.15 regarding counseling services, in October 2018, language was approved and a check-box added to the "County of Alameda Supervisor's Investigation of Employee Injury" form to indicate whether or not the supervisor offered a referral to the Employee Assistance Program and Peer Support services. This language was drafted to go above and beyond counseling services provided by medical professionals.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

Recommendation #10 To: Alameda County Sheriff's Office

To make certain that victims are aware of threats to their health, Santa Rita should follow state law and ensure that its medical personnel immediately inform victims of gassing attacks of any evidence suggesting that the inmates involved have a communicable disease. It should further document that it has provided this information to victims.

1-Year Agency Response

The Detention and Corrections Policy and Procedure (P&P) 3.15, "Infectious Disease Control" was approved and distributed for review.

This policy is fully implemented and includes all previous referenced recommendations for the Watch Commander or medical staff to notify all personnel who came into contact with an inmate who has either tested positive for communicable disease(s).

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

This policy is currently under annual review and will be implemented upon approval.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

To comply with this requirement, language was drafted in P&P 3.15 section IV. C. 2, which specifies the Watch Commander or medical staff shall notify all personnel who came into direct contact with the bodily fluids of an inmate who has either tested positive for infection with HIV, or have been diagnosed as having AIDS or Hepatitis B or C, as per Penal Code 7522(a). The State Auditor's recommendation to include this notification in some form of documentation will not be noted in an incident report for obvious confidentiality reasons. However, the notification can be included in the workers' compensation form 5020.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Although the Alameda County Sheriff's Office revised its polices to comply with state requirements, its response confirms that it has not determined how it will document that it has provided the required information to victims.

Recommendation #11 To: Corrections and Rehabilitation, Department of

To ensure that it properly investigates gassing attacks and refers cases for prosecution, CIM should implement procedures to ensure that it collects sufficient physical evidence and submits the gassing substance for laboratory testing, as state law requires.

6-Month Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1.COLLECTION OF EVIDENCE (Section G). Every effort shall be made to collect any and all physical evidence for processing and preservation for possible prosecution, and such evidence shall be collected within Departmental policies and procedures, and per the San Bernardino District Attorney's office local Memorandum of Understanding.

2.COLLECTION OF EVIDENCE (Section G)Evidence collection and laboratory testing shall be collected and submitted timely, per the San Bernardino District Attorney's office local Memorandum of Understanding and California Penal Code 801.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1. COLLECTION OF EVIDENCE (Section G). Every effort shall be made to collect any and all physical evidence for processing and preservation for possible prosecution, and such evidence shall be collected within Departmental policies and procedures, and per the San Bernardino District Attorney's office local Memorandum of Understanding.

2. COLLECTION OF EVIDENCE (Section G) Evidence collection and laboratory testing shall be collected and submitted timely, per the San Bernardino District Attorney's office local Memorandum of Understanding and California Penal Code 801.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #12 To: Corrections and Rehabilitation, Department of

To ensure that it properly investigates gassing attacks and refers cases for prosecution, CIM should develop goals for how long investigations should take and ensure that its officers adhere to these goals.

6-Month Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1.COLLECTION OF EVIDENCE (Section G)Evidence collection and laboratory testing shall be collected and submitted timely, per the San Bernardino District Attorney's office local Memorandum of Understanding and California Penal Code 801. CIM's goal is to complete the investigations within 30 days, however, CIM shall complete the investigations within 3 years per California PC 801.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1. COLLECTION OF EVIDENCE (Section G) Evidence collection and laboratory testing shall be collected and submitted timely, per the San Bernardino District Attorney's office local Memorandum of Understanding and California Penal Code 801. CIM's goal is to complete the investigations within 30 days, however, CIM shall complete the investigations within 3 years per California PC 801.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #13 To: Corrections and Rehabilitation, Department of

To ensure that it properly investigates gassing attacks and refers cases for prosecution, CIM should separate its evaluation of officers' use of force from the investigation process it uses to refer cases to the district attorney.

6-Month Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1.COLLECTION OF EVIDENCE (Section G)Evidence collection and laboratory testing shall be collected and submitted timely, per the San Bernardino District Attorney's office local Memorandum of Understanding and California Penal Code 801. CIM's goal is to complete the investigations within 30 days, however, CIM shall complete the investigations within 3 years per California PC 801.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

CIM's revised local operating procedure indicates that gassing attacks shall be investigated independently of any use of force review.

60-Day Agency Response

CIM's revised its local operating procedure to include the recommendations as noted below by section:

1. STAFF ASSAULT REVIEW COMMITTEE (Section F) The Staff Assault Review Committee (SARC) shall be conducted by the Institutional Executive Review Committee (IERC) members independent of the Use of Force reviews.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #14 To: Los Angeles County Sheriff's Department

To ensure that it properly investigates gassing attacks and refers cases for prosecution, Men's Central should implement procedures to ensure that it collects sufficient physical evidence.

1-Year Agency Response

Notifications to Victims - Recommendation #14

The Los Angeles County Sheriff's Department - Custody Division, including the Men's Central Jail, updated the "Supervisor's Gassing Checklist" in February 2019 and implemented the Checklist and associated policy on October 8, 2019. The Department was able to come to an agreement with the employee union and move forward with implementation. The comprehensive checklist ensures all aspects of the incident are properly captured and documented. Within the "Evidence Booked" section, the Department currently has a checkbox titled, "Uniform and/or clothing", which would indicate that clothing was collected as evidence of the gassing. The Department added a checkbox titled, "Employee elects not to relinquish uniform for evidentiary value". Therefore, if a uniform was not collected as evidence, the Department can determine why it was not collected for each case. Other evidence such as the gassing container, video, etc., may also be collected, even if the employee chooses not to relinquish their uniform. Furthermore, the report narrative includes those details, and even instances wherein the gassing liquid came in contact with the victim's skin, but not their clothing. Specific procedures for evidence collection for clothing, contact with victim's skin, and the gassing vessel are delineated in the Department's policy, Custody Division Manual Section 4-01/020.10, "Battery by Gassing". The policy is also in the final approval process and includes instructions and responsibilities for staff, supervisors, and detectives after a gassing incident. The Department routinely collects and processes evidence as required by California Penal Code Section 243.9(c).

Copies of the draft policy and draft checklist were included in the six month response.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

The Los Angeles County Sheriff's Department provided the finalized policy and notice of distribution as part of its 1-year response.

6-Month Agency Response

The Los Angeles County Sheriff's Department - Custody Division, including the Men's Central Jail, is in the final approval process for the updated "Supervisor's Gassing Checklist". The comprehensive checklist ensures all aspects of the incident are properly captured and documented. Within the "Evidence Booked" section, the Department currently has a checkbox titled, "Uniform and/or clothing", which would indicate that clothing was collected as evidence of the gassing. The Department added a checkbox titled, "Employee elects not to relinquish uniform for evidentiary value". Therefore, if evidence was not collected, the Department can determine why it was not collected for each case. Furthermore, the report narrative includes those details, and even instances wherein the gassing liquid came in contact with the victim's skin, but not their clothing. Specific procedures for evidence collection for clothing, contact with victim's skin, and the gassing vessel are delineated in the Department's policy, Custody Division Manual Section 4-01/020.10, "Battery by Gassing". The policy is also in the final approval process and includes instructions and responsibilities for staff, supervisors, and detectives after a gassing incident. The Department routinely collects and processes evidence as required by California Penal Code Section 243.9(c).

Copies of the draft policy and draft checklist are included in this response.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

The "Supervisor's Gassing Checklist" additionally addresses specific processing and booking points to ensure all evidence is seized. The Department recently identified in some cases employees choose not to surrender their uniforms for evidence. To better account for this variable, the Department is in the process of adding a box to the form indicating employee refusal as an option.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

The checklist provided by LASD includes a section for "Evidence Booked" with items such as the victim's uniform and the container used to commit the crime. LASD recently revised its policy to require supervisors complete the checklist. However, as noted in its response, LASD has not completed its revisions to this checklist.

Recommendation #15 To: Los Angeles County Sheriff's Department

To ensure that it properly investigates gassing attacks and refers cases for prosecution, Men's Central should develop goals for how long investigations should take and ensure that its officers adhere to these goals.

1-Year Agency Response

Investigations - Recommendation #15

The Los Angeles County Sheriff's Department, including the Custody Division, Jail Investigation Unit, as well as Men's Central Jail maintains its policy and goals for the completion of each case within 30 business days of assignment, absent evidence evaluation. Some of the difficulties which delay the adjudication of each case are outside the control of the Los Angeles County Sheriff's Department, including the processes and decisions of prosecutors and the courts. Additionally, prosecution in many cases, is linked to the processing of bodily fluid evidence, which significantly adds to the overall length of the case. The Department is committed to continuing the collection and processing of gassing evidence, as required by California Penal Code Section 243.9(c).

Outside the time required for the crime lab's analysis of the evidence, the Department has embraced the goal of completing the investigations and filing gassing cases with the District Attorney in 30 business days after the incident. For example, if the evidence is delivered to the crime lab five business days after the incident, the time will hold until the results are received by the detective, then the detective will have 25 business days to complete the investigation and file the case with the District Attorney.

The Department continues to refine its practices with regard to continually maintaining the aforementioned timelines. Overall, for cases tracked in 2019, the Department is 77% compliant with the 30 business day deadline. The Department's compliance rises to 26 out of the last 28 applicable cases, or 93%, showing marked improvement. The Department has fully implemented the recommendation and strives to maintain compliance moving forward.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

The Los Angeles Sheriff's Department provided a tracking spreadsheet demonstrating that it is tracking its progress to meet its goal of resolving gassing cases.

The tracking spreadsheet included 67 reported gassing attempts from April 2019 to September 2019. Of those cases, the tracker indicates that the department met its goal in 35 (52%), did not meet its goal in 13 (19%), and 19 are still open but have not yet reached 30 days (29%).

Over the last two months of the tracker (August and September 2019), the tracker includes 29 cases that its investigators received and indicates that the department met its goal in 10 (34%), did not meet its goal in 3 (10%), and 16 are still open but have not yet reached 30 days (56%).

6-Month Agency Response

The Los Angeles County Sheriff's Department, including the Custody Division, Jail Investigation Unit, as well as Men's Central Jail maintains its policy and goals for the completion of each case within 30 business days of assignment, absent evidence evaluation. Some of the difficulties which delay the adjudication of each case are outside the control of the Los Angeles County Sheriff's Department, including the processes and decisions of prosecutors and the courts. Additionally, prosecution in many cases, is linked to the processing of bodily fluid evidence, which significantly adds to the overall length of the case. The Department is committed to continuing the collection and processing of gassing evidence, as required by California Penal Code Section 243.9(c).

Outside the time required for the crime lab's analysis of the evidence, the Department has embraced the goal of completing the investigations and filing gassing cases with the District Attorney in 30 business days after the incident. For example, if the evidence is delivered to the crime lab five business days after the incident, the time will hold until the results are received by the detective, then the detective will have 25 business days to complete the investigation and file the case with the District Attorney.

Given the burdensome constraints within our justice system and the high case load of Custody Division detectives, the Department nevertheless believes it can reach and maintain this goal. The Department looks forward to providing supporting documentation and statistics for the one year response.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

The Los Angeles County Sheriff's Department, including the Custody Division, Jail Investigation Unit, as well as the Men's Central Jail maintains its policy and goals for the completion of each case within 30 days of assignment. Some of the difficulties in delaying the adjudication of each case are outside the control of the Los Angeles County Sheriff's Department, including the processes and decisions of prosecutors and the courts. Additionally, prosecution in many cases, is linked to the processing of bodily fluid evidence, which significantly adds to the overall length of the case.

California State Auditor's Assessment of 60-Day Status: No Action Taken

As we note on page 55 of our report, Men's Central's current policy does not require completion of investigations within 30 days. Instead, its policy only states that it will classify an investigation as inactive and closed when detectives make no progress after 30 days. LASD does note that investigators must justify every 30 days why a case should remain open beyond the initial 30 days. It also clarified that its investigation policy is for all investigations and does not make goals for specific units. Nevertheless, LASD's investigators took 70 days on average to complete investigations for the 15 gassing attacks we reviewed, well over its 30 day goal.

Recommendation #16 To: Alameda County Sheriff's Office

To ensure that it properly investigates gassing attacks and refers cases for prosecution, Santa Rita should implement procedures to ensure that it collects sufficient physical evidence and submits the gassing substance for laboratory testing, as state law requires.

60-Day Agency Response

The Detention and Corrections P&P 5.06, "Report Processing" was drafted and revised to include the definition of Penal Code 243.9 (a) - (d) to provide staff with an accessible reference. Additionally, procedural elements which correspond with each of the subsections were added to outline the requirements of 243.9 PC.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

Recommendation #17 To: Alameda County Sheriff's Office

To ensure that it properly investigates gassing attacks and refers cases for prosecution, Santa Rita should develop practices to ensure that it submits all cases for prosecution when probable cause of a crime exists. Further, it should expedite its review of the four cases that we identified, and if probable cause exists, submit those cases to the district attorney for prosecution.

6-Month Agency Response

Between September 1, 2018 - March 5, 2019 there were twelve Battery by Gassing (243.9 PC) incidents. There were five additional incidents of gassing by urine, saliva or an unknown liquid, which were classified as 243(b) PC. There were a total of fourteen cases were submitted to the District Attorney's Office; thirteen cases were charged and one case dismissed. Two cases were not filed and one case is pending submission to the District Attorney.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

In addition to the language drafted in P&P 5.06, "Report Processing," section IV. B. g. was added to specify all gassing reports shall be submitted to the District Attorney's Office for criminal complaint.

The cases identified by the auditors were reviewed. The cases where probable cause existed, these were submitted to the District Attorney's Office for complaint and are awaiting disposition.

California State Auditor's Assessment of 60-Day Status: Pending

Although Santa Rita has revised its policy to require that a criminal report be written and submitted to the District Attorney for prosecution, it has not demonstrated that it has developed practices to ensure that all reports are forwarded to the District Attorney, as state law requires. For the four cases that we identified, Santa Rita did not provide documentation of its evaluation of whether to submit the cases to the district attorney.

Recommendation #18 To: Corrections and Rehabilitation, Department of

To better prevent gassing attacks and promote desirable changes in inmate attitude and behavior, CIM should follow its policy and pursue appropriate internal disciplinary actions—including consideration of the inmate's mental health and competency when determining whether to impose internal discipline.

6-Month Agency Response

CIM continues to follow Mental Health Program Guidelines.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

CIM will continue to follow its policy when considering the inmate's mental health and competency when determining whether to impose internal discipline. CIM will further review its policies to better prevent gassing attacks and to promote desirable changes in inmate attitude and behavior.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #19 To: Corrections and Rehabilitation, Department of

To ensure the health and safety of its officers when interacting with inmates, CIM should maintain a sufficient supply of preventative equipment that is available to its officers and staff in all locations where gassing attacks can occur.

6-Month Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1.PERSONAL PROTECTIVEEQUIPMENT (Section D)

The area supervisor shall ensure staff utilize the proper personal protective equipment (PPE) to minimize the potential for a possible exposure. The area supervisor shall ensure PPE equipment is available, to include gloves and face shields.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1. PERSONAL PROTECTIVE EQUIPMENT (Section D)

The area supervisor shall ensure staff utilize the proper personal protective equipment (PPE) to minimize the potential for a possible exposure. The area supervisor shall ensure PPE equipment is available, to include gloves and face shields.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #20 To: Corrections and Rehabilitation, Department of

To ensure the health and safety of its officers when interacting with inmates, CIM should develop a policy regarding the placement of "gasser" tags on the cells of inmates who have committed or attempted to commit a gassing attack.

6-Month Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1.STAFF ALERT DOOR INDICATOR(Section J) The area supervisor will ensure the door of gassing offenders are clearly marked with a green tag indicating a higher potential of gassing threat for repeat offenders.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1. STAFF ALERT DOOR INDICATOR (Section J) The area supervisor will ensure the door of gassing offenders are clearly marked with a green tag indicating a higher potential of gassing threat for repeat offenders.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #21 To: Corrections and Rehabilitation, Department of

To ensure the health and safety of its officers when interacting with inmates, CIM should provide annual training that is specific to preventing and responding to gassing attacks.

Annual Follow-Up Agency Response From September 2023

2023 Update: The Department considers this matter closed. CIM has provided training on prevention and response to gassing attacks. No further action will be taken.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

The department provided supporting evidence that it incorporated prevention of and response to gassing attacks as part of its training.

Annual Follow-Up Agency Response From October 2022

Training on prevention and response to gassing attacks has been incorporated into annual training (LMS 11053582).

Supporting documentation will be submitted via email, per CSA instruction.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

We requested that CDCR provide documentation to support its assertion and to demonstrate that the change in procedures addresses all aspects of the recommendation. CDCR has not yet provided this documentation.

Annual Follow-Up Agency Response From October 2021

CIM has issued an annual best practices training memorandum addressing the prevention of gassing attacks.

Supporting documentation will be submitted as directed.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

In October 2021, CIM issued a training memorandum addressing the prevention of gassing attacks. However, CDCR confirmed that this memorandum has not yet been incorporated into its annual Communicable Disease Prevention Training.

Annual Follow-Up Agency Response From November 2020

CDCR's annual institution wide On-the-Job Training (OJT) for the Injury and Illness Prevention Program (OJT ID: 11053488) as well as CDCR On-the-Job Training for CDCR Communicable Disease Prevention has been revised to include training on gassing incidents

The work group created to provide direction to the field with a focus on bringing CDCR's policy in line with AB 294 was disbanded as the Bill was vetoed by Governor Newsom in October 2019.

Proof of practice documentation submitted via email.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

The prevention training that CDCR provided focuses on workplace hazards and discusses general prevention of communicable disease infection, but lacks any training specific to prevention of gassing attacks.

Annual Follow-Up Agency Response From November 2019

Please refer to our one-year response.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

1-Year Agency Response

CIM provides annual On-the-Job Training(OJT) for the Injury and Illness Prevention Program (OJT ID: 11053488) Attachment E- OJT IIPP Training to CIM staff, as well as CDCR On-the-Job Training for CDCR Communicable Disease Prevention (BET ID: 11053582) Attachment F - OJT Communicable Disease.

A work group that will provide direction to the field on how to manage a gassing incident has been established to update current policy and procedures on a statewide level. The work group will be focused on bringing CDCR's policy in line with AB 294 recent changes and the Penal Code. Training will also be developed and provided, which will ultimately satisfy the recommendation.

Note: attachments will be submitted via email.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1.POLICY,PURPOSE AND OBJECTIVES(Section A) DOM,ARTICLE 54—INVESTIGATION OF GASSINGINCIDENTS shall be followed in conjunction with this DOM Supplement. On-the-Job-Training shall be provided annually to CIM staff regarding this procedure.

Academy and annual training, ongoing. Will determine if suitable additional education materials are available.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

Although CIM updated its local operating procedure to include a requirement for annual training related to preventing and responding to gassing attacks, its response indicates that it has not yet identified educational materials for this training. In its one-year response, we expect to see that it has identified training materials and has begun conducting this training.

60-Day Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1. POLICY, PURPOSE AND OBJECTIVES (Section A)....... DOM, ARTICLE 54—INVESTIGATION OF GASSING INCIDENTS shall be followed in conjunction with this DOM Supplement. On-the-Job-Training shall be provided annually to CIM staff regarding this procedure.

Academy and annual training, ongoing. Will determine if suitable additional education materials are available.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #22 To: Corrections and Rehabilitation, Department of

To ensure that it is able to identify high-risk situations and deter repeat offenders, CIM should specifically track all gassing attacks and use the tracking data as a tool to prevent future gassing attacks.

Annual Follow-Up Agency Response From November 2020

The Investigative Services Unit tracks all Battery on a Peace Officer Incidents to include all Aggravated Battery (gassing) incidents.

The work group created to provide direction to the field with a focus on brining CDCR's policy in line with AB 294 was disbanded as the Bill was vetoed by Governor Newsom in October 2019.

Proof of practice documentation submitted via email.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

CIM revised its local operating procedure to require tracking of gassing attacks and provided an example of its Battery on a Peace Officer tracking log.

Annual Follow-Up Agency Response From November 2019

Please refer to our one-year response.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

CIM revised its local operating procedure to require tracking of gassing attacks and provided an example of its Battery on a Peace Officer tracking log. However, CIM's response confirms that it has not finalized this requirement and established a work group to ensure that its revised policies comply with state laws, which will ultimately satisfy the recommendation.

1-Year Agency Response

The Investigative Services Unit (ISU) is responsible for tracking all Battery on a Peace Officer Incidents to include all Aggravated Battery (gassing) incidents. Attachment G- ISU Tracking Log.

A work group that will provide direction to the field on how to manage a gassing incident has been established to update current policy and procedures on a statewide level. The work group will be focused on bringing CDCR's policy in line with AB 294 recent changes and the Penal Code, which will ultimately satisfy the recommendation.

Note: attachments will be submitted via email.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

CIM revised its local operating procedure to require tracking of gassing attacks and provided an example of its Battery on a Peace Officer tracking log. However, CIM's response confirms that it has not finalized this requirement and established a work group to ensure policies revise comply with state laws, which will ultimately satisfy the recommendation.

6-Month Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1. AGGRAVATED BATTERY INCIDENT TRACKING (Section H). The Investigative Services Unit (ISU) shall track all aggravated battery incidents (gassing) on the ISU Weekly Incident Register and the DA Referral Log. Quarterly at the SARC, the ISU tracking log will be reviewed for any patterns that may assist in preventing future gassing batteries.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

Although CIM revised its local operating procedure to require tracking of gassing attacks, we have not yet seen evidence of CIM's tracking or use of this data. In its one-year response, we expect CIM to provide documentation showing that it is collecting and using this data as outlined in its revised procedure.

60-Day Agency Response

CIM revised its local operating procedure to include the recommendations as noted below by section:

1. AGGRAVATED BATTERY INCIDENT TRACKING (Section H). The Investigative Services Unit (ISU) shall track all aggravated battery incidents (gassing) on the ISU Weekly Incident Register and the DA Referral Log. Quarterly at the SARC, the ISU tracking log will be reviewed for any patterns that may assist in preventing future gassing batteries.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #23 To: Los Angeles County Sheriff's Department

To ensure the safety of its staff, Men's Central should provide annual training that is specific to preventing and responding to gassing attacks.

6-Month Agency Response

The Los Angeles County Sheriff's Department - Custody Division, including Men's Central Jail, provides orientation training for all employees. Custody Deputies and Custody Assistants receive specific training regarding the prevention and response to gassings during their orientation. Additionally, as noted and provided in the 60 day response, the Department completed the "Gassing Incidents" training video, which is available to all staff to view from work computers and is periodically emailed to staff.

Furthermore, Men's Central Jail Training Unit and Custody Training and Standards Bureau (CTSB) have certified curriculum for the Intensified Format Training (IFT) Gassing Course through the California Standards and Training in Corrections (STC). Custody Division is now providing annual training during briefing/training sessions. The approved IFT outline is included in this response.

Lastly, the Department is taking the initiative by interviewing and surveying gassing suspects in an effort to determine causal factors. The Department hopes this information will be highly useful by both addressing inmate concerns and preventing future gassing assaults.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

The Los Angeles County Sheriff's Department - Custody Division, including Men's Central Jail provides orientation training for all employees. Custody Deputies and Custody Assistants receive specific training regarding the prevention and response to gassings during their orientation. Additionally, the Men's Central Jail Training Unit is working with the Custody Standards and Training Bureau (CTSB) to certify curriculum for an Intensified Format Training (IFT) through the California Standards and Training in Corrections (STC). This would enable the Custody Division to provide training annually during briefing/training sessions. The Custody Support Services Bureau is currently drafting policy which would require the completion of the IFT once annually by all custody staff

California State Auditor's Assessment of 60-Day Status: Pending

The State Auditor looks forward to reviewing the progress LASD has made in developing training regarding gassing attacks at the six month response.

Recommendation #24 To: Alameda County Sheriff's Office

To better prevent gassing attacks and promote desirable changes in inmate attitude and behavior, Santa Rita should follow its policy and pursue appropriate internal disciplinary actions—including consideration of the inmate's mental health and competency when determining whether to impose internal discipline.

60-Day Agency Response

In addition to drafted language for P&P 5.06 regarding internal disciplinary actions, ACSO currently consults with the mental health staff when making a determination to impose internal discipline for any rule violation. The staff member responsible for tracking disciplinary reports coordinates with mental health staff to consult on the reports. This had been a standing practice and is also in accordance with the American Correctional Association (ACA) standard 4-ALDF-4C-40.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

The Alameda County Sheriff's Office revised its policy to require a discipline report to be written after a gassing attack.

Recommendation #25 To: Alameda County Sheriff's Office

To ensure the health and safety of its officers when interacting with inmates, Santa Rita should develop a policy regarding the placement of "gasser" tags on the cells of inmates who have committed or attempted to commit a gassing attack.

60-Day Agency Response

In January 2018, additional safety measures were procedurally implemented to P&P 9.02, "Administrative Isolation" for staff working in housing units with known gassers. The measures included stocking the housing units with personal protective equipment. Minimally, staff shall wear protective face shields and latex gloves. A portable bio-barrier wall was also constructed for deployment when interacting or handcuffing an inmate that is a known gasser.

Additional language was drafted for P&P 9.02 regarding "gasser" tags for which a template was created that staff will affix to the specific pod door where an inmate is located.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

The Alameda County Sheriff's Office implemented a policy that requires correctional staff to place a "Caution Gasser" notice on the pod door where the inmate is located.

Recommendation #26 To: Alameda County Sheriff's Office

To ensure the health and safety of its officers when interacting with inmates, Santa Rita should provide annual training that is specific to preventing and responding to gassing attacks.

60-Day Agency Response

All Sheriff's Office supervisors attend annual training. During this training, workers' compensation information regarding exposure documentation and aftercare services will be presented and at all subsequent annual trainings. New supervisors assigned to the Detention and Corrections Division are also presented with this updated workers' compensation training. Monthly muster training is another avenue used to present training. This training consists of a Jail Training Officer (JTO) facilitated interactive PowerPoint presentation with staff. The muster training for exposure reporting is incorporated with the injury/illness prevention presentation. The written directives that are currently in draft will be uploaded for distribution and review division-wide. A training bulletin will be distributed agency-wide summarizing the updated directives and reporting requirements.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

Alameda County Sheriff's Office revised its training to include specific protocols for gassing attacks and reporting requirements.

Recommendation #27 To: Alameda County Sheriff's Office

To ensure that it is able to identify high risk situations and deter repeat offenders, Santa Rita should specifically track all gassing attacks and use the tracking data as a tool to prevent future gassing attacks.

Annual Follow-Up Agency Response From November 2023

Detention and Corrections policy 5.06 DC clearly outlines our reporting procedures for gassing incidents. We keep a log (monthly) of all assaults on staff. The log specifies 243.9 PC assaults, and includes the names of the offenders. Our classification unit will refer inmates who gas to Restrictive Housing, per policy 9.02 DC, which is governed by our Consent Decree. This placement in Restrictive Housing will help to prevent future attacks. If justifiable, inmates can also be placed on an Inmate Management Plan, restricting items they are allowed to have in their cells to further prevent gassing assaults.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

The Alameda County Sheriff's Office developed policies to track all gassing attacks at Santa Rita Jail and provided documentation of a monthly log of all assaults on staff—including PC 243.9 gassing assaults. Further, the Sheriff's Office provided its policy on placing inmates who gas staff into restrictive housing to prevent future attacks, and it provided evidence of its management plan.

Annual Follow-Up Agency Response From October 2022

Our agency actively tracks gassing offenders in our jail facility.

-We draft incident reports to document the crime.

-We document each gassing in our end of shift reports, which is shared with all jail supervisors.

-We draft a summary of each incident, which is posted on our internal database for all staff members to review. These case summaries are also verbally reported to all security teams daily.

-Staff can access all gassing summaries on this database by inmate, dates, location, and times.

-Our electronic Classification System allows members to "flag" an inmate with a caution code, "GASSER," so deputies are made aware of any gassing history.

-Living areas of know gassers are posted with signage identifying an inmate as a known "gasser."

-After a gassing incident, a supervisor and deputies will debrief the incident to identify how the incident could have been prevented.

All of the above factors show that we track gassing incidents and utilize that information to prevent future gassing incidents.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Although the Alameda County Sheriff's Office developed policies to track all gassing attacks at Santa Rita Jail, the policies do not specify how this information will be used to prevent or mitigate future gassing attacks.

Annual Follow-Up Agency Response From October 2021

The Santa Rita Jail has tracked all Battery by Gassing incidents since September 1, 2018. There was no option in the drop down box for 2018. Supporting documentation was emailed to nathanb@auditor.ca.gov

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Although the Alameda County Sheriff's Office developed policies to track all gassing attacks at Santa Rita Jail, the policies do not specify how this information will be used to prevent or mitigate future gassing attacks.

1-Year Agency Response

The Santa Rita Jail has tracked all Battery by Gassing incidents since September 1, 2018.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

Although the Alameda County Sheriff's Office developed policies to track all gassing attacks at Santa Rita Jail, the policies do not specify how this information will be used to prevent or mitigate future gassing attacks.

6-Month Agency Response

As noted in #17, the Santa Rita Jail has been tracking all Battery by Gassing incidents since September 1, 2018.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

Although the Alameda County Sheriff's Office developed policies to track all gassing attacks at Santa Rita Jail, the policies do not specify how this information will be used to prevent or mitigate future gassing attacks.

60-Day Agency Response

The Accreditation Unit drafted a tracking report based on information from the gassing cases in 2017 and 2018. This date will be compared with any incidents occurring in 2019. A review of the data from the three years will be performed and directed to the Commanding Officer to show what benchmarks were achieved in reporting and documenting gassing attacks.

California State Auditor's Assessment of 60-Day Status: Pending

Although Alameda County Sheriff's Office drafted a report template for tracking gassing attacks at the Santa Rita jail, the report does not demonstrate that it has started tracking gassing attacks at the facility. Further, it indicates that the data review is yet to be performed.

Recommendation for Legislative Action

To shorten the time to submit cases of gassing attacks for prosecution, the Legislature should modify state law to provide correctional facilities the discretion to omit testing the gassing substance for the presence of a bodily fluid when the correctional facility, in consultation with its district attorney, finds that such testing is unnecessary to obtain sufficient evidence of a crime.

Description of Legislative Action

The Legislature did not take action in the 2021-2022 Legislative Session to address this specific recommendation.

However, AB 294 (Rodriguez, 2019) would have, among other things, allowed the local detention facility the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the district attorney's office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery. This bill was vetoed on October 13, 2019.

California State Auditor's Assessment of Annual Follow-Up Status: Legislation Proposed But Not Enacted

Description of Legislative Action

As of September 18, 2021, the Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken

Description of Legislative Action

As of September 18, 2020, the Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 1-Year Status: No Action Taken

Description of Legislative Action

Assembly Bill 1737 (Obernolte) was introduced on February 22, 2019, and would authorize, but not require, the testing of a gassing substance, if, in consultation with the local district attorney, that testing is necessary to obtain sufficient evidence to prosecute the offense.

California State Auditor's Assessment of 6-Month Status: Legislation Introduced

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 60-Day Status: No Action Taken

All Recommendations in 2018-106

Agency responses received are posted verbatim.