NEW YORK CommISSIon of STATE Correction THOMAS A. BEILEIN THOMAS J. LOUGHREN Chairman Commissioner June 20. 2017 Sheriff Michael Zurlo Saratoga County Sheriff?s Office 6010 County Farm Road Ballston Spa, New York 12020 Re: Minimum Standards Evaluation?2017 Dear Sheriff Zurlo: An evaluation of the Saratoga County Jail was conducted by Commission staff members Deane McGeary and Michelle Crane on April 24, 2017 through April 27, 2017. The Minimum Standards evaluated were Part 7006, Discipline; Part 7008, Visitation; Part 7016, Commissary and Inmate Accounts; Part 7024. Religion; Part 7025, Packages; Part 7028, Exercise; Part 7032, Grievance Program; Part 7039, Fire Prevention and Safety; Part 7040. Maximum Facility Capacity; Part 7063, Chemical Agents; and Part 7070, Educational Services for Youth. Findings based upon Commission staffs compliance assessment of the above standard elements are outlined in the attached report. In accordance with Section 46(1) of Correction Law. a response to this evaluation is required and is requested by no later than July 17, 2017. Such response shall include actions taken or to be taken to address the ?ndings contained within this report. Please be advised that subsequent follow-up visits from this office may be unannounced. Sincerely, Thomas A. Beilein Chairman cc: Colonel Richard Emery, Jail Administrator 80 South Swan Street, 12'? Floor. Albany. New York 12210 518-485-2346 phone 518-485-2467 fax MINIMUM STANDARDS EVALUATION Saratoga County Jail April 24 2017 - April 27, 2017 Below are the results of Commission staff?s evaluation of the Saratoga County Jail. PART 7006 Section 7006.1 Poligl Findings: Review of facility policy and the Inmate Rules and Regulations handbook indicated that general rule violations resolved informally could result in a loss of one or more privileges for up to 23 hours. While some privileges may be restricted as an inherent condition of cell confinement. the Commission does not authorize privileges to be othenNise restricted as an informal sanction. Action Required: The facility administration shall revise relevant facility policy and the Inmate Rules and Regulations handbook to omit reference to the restriction of privileges as an informal sanction other than those inherent to cell confinement. Section 7006.7 Administrative Seqreqation Findings: Review of disciplinary records indicated that some inmates were being administrativer segregated for up to 23 hours without receiving written notification as required by this section. Action Required: The facility administration shall ensure that all inmates that are administratively segregated for durations beyond the end of a shift that an incident occurs, receive a written statement setting forth the reasons for such con?nement. Section 7006.80) Plea Barqaini_ng Findings: Review of discipline records and interviews with staff indicated that once it has been determined that resolution of a disciplinary matter will proceed formally, a meeting is convened between an impartial hearing of?cer and the inmate. Commission staff noted that Discipline Hearing Disposition records indicated that hearing determinations are based on either hearing officerjudgment, the inmate pleading guilty, or through a negotiated plea bargain. Facility policy states that the hearing officer is not required to accept a plea from an inmate and continue with a discipline hearing. The combination of documentation and facility policy wording suggests that there may be some confusion with respect to the progression of formal discipline procedures. Essentially, when it is determined that resolution of a disciplinary matter will proceed formally, the hearing officer has two options, conducting a hearing or offering a plea bargain. These options are mutually exclusive and employ different procedures. With respect to discipline hearings, when an inmate pleads guilty or not guilty, such admission or denial constitutes only an answer to the charge(s), inmate statement. The hearing of?cer must still make a determination of guilt. This determination is always a judgment. Whether or not the inmate pleads guilty or not is irrelevant to the extent that it should not be documented on the Disciplinary Hearing Disposition form under the heading ?Judgment or Plea." Instead. this information need only be cited under the heading ?Reasons and or elements leading to this decision were" and on the Report of Discipline Hearing form under the heading ?Summary of statement" and "Summary of evidence." Plea bargaining on the other hand, is a process whereby a hearing officer and an inmate negotiate the resolution of a discipline matter. It is always the hearing of?cer?s decision whether to offer a plea bargain and always the inmate's decision whether to accept the offer. Plea bargaining provides the hearing of?cer with an avenue to ef?ciently resolve disciplinary matters by eliminating the need to permit inmates to speak on their own behalf, introduce and discuss evidence, call witnesses, and document these activities in the hearing record. Hearing of?cers have full discretion, subject to the limitations of section 7006.9(a) and facility policy, to offer any sanction that they determine to be appropriate. Plea bargains should not be offered with the intention of providing a ?break? for inmates. Upon review of disciplinary documentation indicating that a ?plea bargain? occurred, Commission staff noted that hearing of?cers did not obtain a signed statement from the inmate indicating that helshe waived their right to a discipline hearing and accepted the terms of the plea agreement. Action Required: The facility administration shall take corrective action to ensure that when plea bargaining is utilized to resolve disciplinary matters, hearing of?cers obtain a signed statement from inmates indicating that helshe waived their right to a hearing and accept the terms of the plea agreement; Section 7006.9(c) Discipline Surcharges Findings: Review of disciplinary documentation for ?plea bargains? indicated that hearing officers were imposing surcharges as a stipulation of plea agreements. Pursuant to this section, surcharges can only be imposed when an inmate is found guilty of a charge of misbehavior, which can only result from a discipline hearing. Action Required: The facility administration shall take corrective action including, but not limited to, appropriate policy revision to ensure that hearing of?cers do not impose surcharges as a stipulation of plea agreements. PART 7008 VISITATION Section 7008.3(9) Availability of visits Findings: Commission staff observed that inmates were not always allowed to visit with more than one visitor at a time. Commission staff observed visitors in the visitation room having to wait on the bench and take turns visiting with the inmates. Action Required: The facility administration shall ensure that inmates are permitted to visit with more than one visitor at the same time. Section 7008.5 and Visitor Identification and Reqistration Findings: Facility policy requires all visitors to show current photo identification. Commission staff interviewed facility staff assigned to register visitors and were advised Saratoga County Jail Evaluation Report 2017 Page 2 of 6 that expired identifications would not be accepted. even if it properly identi?ed the visitor. Action Required: The facility administration shall, subject to the limitations set forth in section 7008.8, allow all persons presenting adequate proof as to his or her identity to visit consenting inmates. Section Visitor ldentificaLtion and Reqistration Findings: Commission staff found that the age of prospective visitors under 18 years of age was not being recorded. Action Required: The facility administration shall ensure that the age of prospective visitors under the age of 18 years of age is obtained by staff and recorded. PART 7016 COMMISSARY ANELINMATE ACCOUNTS Part 7016 Policy Findings: Commission staff found that the facility commissary policy requires updating to reflect the facility?s use of kiosks. Action Required: The facility administration shall update the commissary policy to reflect current practice. Section 7016.1(c) Commissary Findings: Commission staff found that laundry bags and some expenses for indigent inmates that must be borne by the facility were paid for with commissary profits. Action Required: The facility administration shall ensure that profits resulting from commissary sales are utilized only for the purpose of inmate welfare and rehabilitation. Section 7016.2(elt2) Inmate Accounts Findings: Commission staff observed that there were no signs posted conspicuously and proximate to the commissary kiosk located in the lobby indicating that acceptable funds mailed into an inmate will be deposited into the intended inmate?s account without the imposition of a service fee. Action Required: The facility administration shall post a sign in the lobby that states that acceptable funds mailed into an inmate will be deposited into the intended inmate's account without the imposition of a service fee. Section Inmate Accounts Findings: Commission staff observed that there were no signs posted in the lobby that explain the facility?s policy regarding the acceptance of cash, checks, money orders, and other instruments of payment. - Action Required: The facility administration shall post a sign in the lobby which explains the facility?s policy regarding the acceptance of cash, checks, money orders, and other acceptable instruments of payment. Saratoga County Jail Evaluation Report 2017 Page 3 of 6 PART 7024 RELIGIQN Findings: Commission staff found no violations while reviewing this Part. PART 7025 PACKAGES Section 7025.1 Policy and Section 7025.2(d) lncominq Prisoner Packaqes Findings: While facility policy and the Inmate Rules and Regulations handbook reference that inmates may possess various religious articles, the same indicated that the only items that can be received in a package are court clothes, shoes and soft covered religious materials?. Pursuant to section female inmates shall be permitted to receive brassieres from any source. subject to the limitations of section Commission staff veri?ed that the facility does permit brassieres to be received via the package procedure. Pursuant to section inmates who are not required to wear facility issued clothing shall be permitted to wear clothing worn by such inmates at the time of admission to the facility and clothing received from any other source, subject to the limitations of section Action Required: The facility administration shall take corrective action, to include modification of relevant facility policy and the Inmate Rules and Regulations handbook, to ensure that at a minimum, inmates shall be permitted to receive the following items in a package: 0 Brassleres 0 Approved religious medals and articles 0 Clothing similar to that available for purchase through commissary PART 7028. EXERCISE Section 7028.6(a) and Findings: During the evaluation, Commission staff reviewed an unnamed form that documented the restriction of outdoor exercise for mental health inmates, medical inmates, and administrative segregation inmates. Commission staff interviewed several inmates on administrative segregation status who stated that they were only afforded the opportunity for exercise inside the housing units, not outdoor exercise. Commission staff verified this practice with facility staff however, there were no deprivation orders generated pursuant to this section. Please note that printed materials are considered neither a correspondence nor a package and as such, the limitations permitted by section 7025.2 are not applicable. In accordance with section 7026.1, the facility is required to permit sources to purchase/ order printed materials and publications and have them mailed from any publication vendor or publisher as a gift or pursuant to a subscription. Saratoga County Jail Evaluation Report 2017 Page 4 of 6 Action Required: The facility administration shall ensure that when an inmate?s exercise period has been denied, revoked or limited, then the facility administration shall provide written documentation as to the specific facts and reasons underlying this determination and a copy of this determination shall be given to the inmate. PART 7032 GRIEVANCE PROGRAM Findings: Commission staff found no violations while reviewing this Part. PART 7039 FIRE PREVENTION AND SAFETY Section 7039.5La) Fire Prevention and Safety Practices and Traininq Findings: Commission staff found that the facility?s fire prevention and safety policy and the inspection documentation did not detail hazards to be inspected. Action Required: The facility administration shall define in detail what constitutes a ?re hazard and update the policy and inspection documentation to ensure appropriate inspection for fire hazards. PART 7040 Maximum Facilitv Capacity Section 7040.1 Policy Findings: Commission staff found that the facility does not have a policy for the Maximum Facility Capacity. Action Required: The facility administration shall develop and implement a policy that ensures compliance with Part 7040 Maximum Facility Capacity including, if not currently developed and implemented, procedures to follow when it is necessary to obtain a substitute jail order in accordance with Part 7300, Substitute Jail Orders. PART 7063 AGENTS Findings: Commission staff found no violations while reviewing this Part. PART 7070 EDUCATIONAL FOR YOUTH Section 7070.4(a) and Procedures for Providinq Educational Services to Eliqible Youth Findings: Commission staff found that eligible youth are not being identi?ed or asked if they wish to receive educational services during the admission process. Action Required: The facility administration shall ensure that during the admissions process, facility staff determine which inmates are eligible youth as defined in section 7070.2(a) and ask each eligible youth whether he or she does or does not wish to participate in such program. Saratoga County Jail Evaluation Report 2017 Page 5 of 6 Miscellaneous Finding? Saratoga County Jail Evaluation Report 2017 Page 6 of 6