Report 2018-106 Recommendation 14 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 #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.

All Recommendations in 2018-106

Agency responses received are posted verbatim.