.. . . - .., . n. a? I "in? - - ,3 Walworth County Jail Operational Assessment Prepared by: Brad Hompe, MPA Technical Assistance Request No. 17] 1078 National Institute of Corrections June 21, 2017 WALNORTH COUNTY 316 OperationalAssessment: Walworth County Jail, Seiby, SD U.S. Department of Justice Nations! Institute of Corrections Washington, D. C. 20534 DISCLAIMER RE: NIC Technical Assistance No. NJ 1078 This technical assistance activity was funded by the Jails Division of the National Institute of Corrections. The Institute is a Federal agency established to provide assistance to strengthen state and local correctional agencies by creating more effective, humane, safe and just correctional services. The resource person who provided the onsite technical assistance did so through a cooperative agreement, at the request of the Walworth County Sheriff, and through the coordination of the National Institute of Corrections. The direct onsite assistance and the subsequent report are intended to assist the agency in addressing issues outlined in the original request and in efforts to enhance the effectiveness of the agency. - The contents of this document re?ect the views of Mr. Brad Hompe, MPA. Points of view or opinions expressed the Technical Assistance report'are those of the author and do not represent the of?cial opinion or policies of the US. Department of Justice. Upon Delivery of the final Technical Assistance report to the agency that requested the assistance, the report becomes the property of that agency. The National Institute of Corrections wiil not distribute the report to non?NIC entities, or consider it an agency record under the Federal FOIA, without the express, mitten approval of the agency. NIC 17.11078 2 WALNORTH COUNTY 317 Operational Assessment: Walworth County Jail, Selby, SD Overview and Introduction The Walworth County Jail was originally constructed in 1909 with a small addition being added in 1999. Thejail operates under the sheriffs of?ce with a jail administrator assigned to oversee the day?to-day Operations. The jail capacity is 32 with over?ow beds ofup to 47. Desiring to improve facility operations and obtain an assessment of the facilities, Sheriff Joshua D. Boll contacted the National Institute of Corrections (NIC), speci?cally Mr. Michael Jackson, to seek technical assistance to conduct an operational assessment. The aging and outdated facility has been a signi?cant concern as it relates to the overall security and safety of the staff, inmates and community. As a key component of the criminal justice system and more importantly, as a community safety resource, the sheriff sought to assess the facility and identify ways to improve jail operations. This Operational assessment is the result of that goal. Brad Hompe, MPA was assigned to conduct the operational assessment. Walworth County, SD has a population of about 5400 and has a total square area of 745 square miles. The jail serves the municipalities of the county including Selby, Mobridge, Lowry, Java and Akaska. In addition, the jail houses inmates from many surrounding counties that do not have jails and has become a major component of the overall criminal justice system in the region of the state. Numerous stakeholders, staff, and inmates were provided an opportunity to offer input into the report. There were no apparent barriers to interviewing staff, inmates and the public. Speci?cally, the following people should be acknowledged for availing themselves for speci?c meetings: Kick?0)?? Meeting Sheriff Joshua D. Boll Chief Deputy/J ail Administrator, Justin Jungwirth Commissioner Jim Houck Close?Out Meeting Sheriff Joshua D. Boll Chief Deputy/J ail Administrator, Justin Jungwirth Commissioner Jim Houck Commissioner Kevin Holgard 17.11073 3 HALWORTH COUNTY 318 Operational Assessment: Walworth County Jail, Selby, SD Conunissioner Melissa Miller Commissioner David Siemon Commissioner Scott Schilling County Auditor, Rebecca Krein Walworth County State?s Attorney, James Hare Numerous additional staff and inmates were also interviewed during facility tours. Operational Assessment As a starting point, the focus was on identifying issues directed at best practices and effective risk management. Using the risk' focus principles found in the NIC Jail Administration training program, the assessment was categorized into the six broad initiatives described below: - Physical Plant Staf?ng - Active Supervision of Inmates - Thorough Policies and Procedures Life, Health, and Safety Issues Monitoring Performance, Aggressive Problem Solving, and Continuing Documentation - These elements are addressed concerning the Technical Resource Provider?s (TRP) observations and discussions with staff, administrators and inmates. Section A: Physical Plant The jail was originally constructed in 1909 to include a housing unit, kitchen and living quarters for the Sheriff. At some point the living quarters were converted to additional housing. Additional housing units and a control center were constructed in 199 9. Admir?strative/Visitor Entry and Lobby This facility lacks your typical entry and lobby to ensure an appropriate identi?cation and security checkpoint before entering the jail. Other than ?re exits, which are also blocked or not fully functional, the only entry way in to the jail is through the sally port/garage and directly into the secure jail/booking area. Due to the lack of a suf?cient lobby or visitor entry, visitors are brought into the jail though this route. Routing visitors directly into the booking area, which is part of the secure jail, poses numerous safety and security concerns. NIC 17.11078 4 NALWORTH COUNTY 319 Operational Assessment: Walworth County Jail, Selby, SD A typical jail lobby entrance point would have a and hand?held metal detector seaming process as well as an x-ray machine to scan items being brought in to the facility. In addition to the lack of facilities in this area, door access modi?cations have been made to supplement for the lack of staf?ng. This poses a signi?cant security and safety issue as discussed at the close-out meeting. The jail also lacks suf?cient administrative or office space. The Jail Administrator currently works out of the Sheriff?s Of?ce, which is in the Courthouse. The lack of of?ce space in the jail for the Jail Administrator reduces the time the administrator spends in the jail and takes away opportunities for supervision and operations enhancement. Although updated facilities in this area are needed there are opportunities to enhance operations temporarily while facility planning takes .place. SUGGESTION: Develop an identi?cation and screening process for visitors that will take place in the garage prior to entry into the booking area. This would include the process of identi?cation, sign in, storage of personal belongings and a search using a metal detector. Due to limited space and the fact that the garage is a multi?use space a hand-held metal detector is recommended rather than a. walk?through model. SUGGESTION: Consider moving the Jail Administrator?s of?ce to the jail utilizing the of?ce space in the 1999 addition. SUGGESTION: Eliminate the ability to enter or exit the jail using the card/fob access system. Note: (This would need to be done in conjunction with appropriate staffing and control center security that will be noted in other areas of this report) Sally and Release (Booking) The Sally port garage consists of space for one vehicle to pull into a secure area to pick up or drop off inmates. Due to a lack of space, this area also contains the jail laundry, property storage, food storage and mattress storage. Recent enhancements were made in this area that include insulation and ?nish sheeting to the inside of the garage along with the addition of a freezer and re?igerator used to store bulk foods. Entry and exit points to the garage area are a garage door and a service door. The service door can be controlled by key, fob or central control. The fob access exists as a compensation for the lack of staf?ng to allow for law enforcement entry into the jail. Jail staff also carry keys and tabs that allow for exit from this door and secure jail (booking entrance) due to the lack of a secure control center and designated post/staff. . The actual hooking area is a very small and con?ned area that no longer meets the needs of the booking process. The booking area is congested and unsafe for staff. The booking area lacks any cell to secure inmates in, lacks appropriate area for strip searches and change over, NIC 1711073 5 WALWORTH COUNTY 320 Operational Assessment: Walworth County Jail, Selby, SD lacks space for medical screening or showering, lacks any bathroom facilities and lacks space for necessary booking equipment, of?cer work space and tiles. Further com . licatmg this area, the visitor side of the inmate visitation is located 51"; .. a adjacent to booking with no Way to separate the two activates. This dictates that visitation must be terminated when the booking area is being used for the booking process due to security and safety issues as well as privacy issues during the medical and mental health screening. Current process calls for the corrections staff to meet the law enforcement personal at the booking door and perform a pat search in the booking area. Upon completion of this search the booking process is completed. Once inmates are booked into the facility, they are escorted to a cell adjacent to central control where they are strip searched and changed over into jail issued clothing. This cell contains a camera due to the fact that the cell is also used for housing high risk inmates such as those that are disruptive, intoxicated, and suicidal. Requiring inmates to strip in front cfa camera that is recorded and visible to staff is not only not consistent with today?s correctional practices but it is contrary to the Prison Rape Elimination Act requirements. SUGGESTION: Consider having the correctional staff meet law enforcement in the garage and perform the pat search of the inmate prior to the inmate accessing the secure hooking area/jail. SUGGESTION: Develop a process to cover the camera in the cell used for strip searches while this area is being used for strip search. When strip searching inmates keep the cell door open, and station the of?cer in the corridor so that the officer remains in camera view. 9.9M The control center is not a secure post as the door cannot be secured. This area is also small and does not contain space needed. The post is also not consistently staffed due to lack of staffing. The control center contains a recently upgraded camera and recording system, and door control module. The control center also houses the jail computer and keys. SUGGESTION: Take measures to repair or replace the ?control center door and make this a 24/7 secure post. It is also recommended that policy he developed for this post to ensure it is kept secure unless relieving staff and only opened when all inmates are secure. NIC 1711073 6 COUNTY 321 Operational Assessment: Walworth County Jail, Selby, SD SUGGESTION: Use the control center post to control doors capable of remote control and remove keys and fobs from of?cers that would no longer be necessary. housing The facility has ?ve general housing unit dorms. One dorm also contains two cells that are used to house high risk inmates. The only other cell is the hi gh?risk cell adjacent to control. The dorm that contains the two high-risk cells poses operational challenges as well as safety and security concems for staff. When escorting inmates to and from these cell staff must pass in front of a group of inmates in the dorm area creating a vulnerable situation. This also creates a potential scenario for inmates to set up staff for an assault or hostage situation. Two of the housing units are located on the second level which is an area that was converted from Sheriff?s residence to inmate housing. This area contains numerous safety and security concerns due to the lack of detention grade surrounds and furnishings along with the narrow and steep stairs leading to the area. Household grade showers and plumbing were present along with non-detention glass windows. Several of the units contain household flo oring that poses a ?re safety risk. Nearly all units had signi?cant amounts of graf?ti present and needed paint. The concrete shower areas were worn and are in need resurfacing both in terms of appearance and sanitation. It was reported that they had been painted in the past but the product used was not an industrial product necessary to hold up in a ?ll-Kipp; . . a? detention envnonment. .4. tit-535 rags Many idle inmates were observed in the dayrooms with the primary activity being watching television. None of the units contain any exercise or program space. The number of bunks in each or the areas exceeds the seating available. The high?risk cells present at the jail do not have intercoms in them. This is a correctional standard so that inmates can reach staff in the event of an emergency. It appears that the intercoms were once present but were damaged and removed rather than repaired or replaced. NIC NJ 1078 7 HALWORTH COUNTY 322 Operational Assessment: Walworth County Jail, Selby, SD SUGGESTION: Consider reviewing the number of beds and dayroom space in each housing area to ensure the numbers are consistent with the square footage requirements noted in the ACA Core Jail Standards. SUGGESTION: Consider providing seating in each unit consistent with the number of bunks. SUGGESTION: Paint the housing units and resurface the shower areas with an industrial surface designed for jail showers. SUGGESTION: SUGGESTION: Reinstall intercoms in each of the three cells. id SUGGESTION: Consider removing the household type flooring to remove the potential ?re hazards posed by this material. Health Care The jail lacks any space for healthcare and currently does not provide any onsite medical services from quali?ed health professionals. This is not consistent with to day?s correctional practices. Healthcare services will headdressed in a later portion of this report. SUGGESTION: Consider repurp using a Space for healthcare purposes. Perhaps the upper level would better serve this need. Food Service The food service operation consists of a household grade kitchen where correctional staff with no dietary training prepare the foods purchased by the jail administrator. This process is not consistent with today?s correctional practices and distracts of?cers ??om the supervision of inmates. The menu has been reviewed by a dietician who has provided comment. SUGGESTION: Recommend that the dietician review the menu at least annually and that recommendations and changes are documented. SUGGESTION: Consider contracting with a correctional food service management company who would prepare the food in the current facility. Another option may he to hire part time food service staff to prepare the meals and perform necessary kitchen sanitation and documentation processes. Other options may include hospital food service providing the meals if there is such a facility nearby. Such processes recommended include food preparation and serving temperature documentation, freezer and cooler temperature documentation and weekly inspection documentation. NIC 1078 8 NALNORTH COUNTY 323 Operational Assessment: Walworth County Jail, Selby, SD SUGGESTION: Review current policy and procedure for addressing religious and therapeutic diets to verily they are-meeting requirements. SUGGESTION: Consider contracting for an annual documented inspection of the food service area and operation. SUGGESTION: Develop a documented inventory process for kitchen sharps and utensils. Laun ro The Laundry consists of household grade machines that are in the garage area. Correctional staff are required to wash the inmate clothing and bedding. Requiring correctional staff to perfonn this duty takes away from their ability to supervise inmates and also requires them to leave the secure portion of the jail. Property storage consists of plastic bins that are also stored in the garage area. SUGGESTION: Consider adding laundry responsibilities to the civilian food service worker or contractor responsibilities that were recommended in the previous food service section. Another option may be to hire a corrections technician that has laundry and food shopping responsibilities. 17J1078 9 NALNORTH COUNTY 324 Pro Areas and Visitation The facility has no program spaces. Visitation consists of two no contact visiting booths that are adjacent to the booking area. In addition to the issues noted previously due to a lack of a lobby or appropriate visitor entrance, this area contains additional operational, safety, and security issues. The area is not ADA accessible, the area provides no visitor bathrooms and the area doubles as a clothing storage area for. inmate clothing. Visitors can also not be secured in this area and have access to the booking area and potentially the entire jail facility. Adjacent to the visitation area there is also a maintenance/comm?cations room that contains tools that are currently not inventoried and cannot be secured. SUGGESTION: Take measures to secure the maintenance/eonununications room. v5 SUGGESTION: Place locks on all tool boxes SUGESTION: Develop a documented tool inventory process. Staff Areas Staff areas are virtually non" existent in the jail. There is no break room space and no training and or meeting space in the jail. Currently staff are utilizing the jail kitchen and re?igerator. This creates the possibility of cross contamination ?ora items brought in by staff ?om home. Sectign B: Staf?ng Federal Courts have handed down decisions which require suf?cient jail staf?ng. Some of these decisions are outlined in Appendix A. Insufficient staffing levels are immediately noticeable at this jail. Not only are there insuf?cient posts on each shift, there are insuf?cient positions (hired staff) to ?ll the posts without generating overtime. Current practice is to have two staff on each shift. Having only two staff does not allow for suf?cient staff to maintain the control center and respond to emergencies such as staff needing back up or an inmate suicide attempt. Adequate staf?ng suggests that there must be the right number and type of staff, in the right place, at the right time, doing the right thing. Although there is an immediate need to increase staf?ng, a staf?ng analysis would identify the correct number of positions needed to cover the posts as well as review the current schedule of activities to ensure the right staff are in the right place at the right time. Good hiring, screening, selection, placement and retention of staff are major components of having the RIGHT STAFF. The staff must be recruited and hired based on HALWORTH COUNTY 325 10 Operational Assessment: Walworth County Jail, Selby, SD appropriate skills and personality characteristics desire to work with people, ability to perform routine repetitive tasks, ability to use judgment when immediate life?safety decisions must be made, etc.). Due to a lack of a state training program or local funding for a local training program for correctional officers, practice is to hire those with law enforcement training to ensure staff have at least some training that pertains to the working environment. This has created a scenario where many staff are looking to leave to pursue a law enforcement program. The average seniority at the jail is only 2 years with the most senior only having 7 years of seniority. Law enforcement/deputy pay is also signi?cantly higher than that of correctional staff in the county. Currently corrections staff start at $14.93 per hour while law enforcement deputies start at $18.46 per hour. Admittedly, staff who have jail experience will bring skills that would bene?t law enforcement; hOWever, the need for talented, educated and skilled staff in the detention center is paramount to a successful jail operation. Moreover, there were issues and concerns relayed about the jail merely serving as a proving ground for law enforcement, which has left staff with the perception that the jail is secondary to law enforcement. Having staff doing the RIGHT THING focuses on providing training, monitoring performance, and coaching and counseling staff as necessary. Ineffective staff training is one of the primary reasons why detention center facilities lose lawsuits, often due in large measure to a lack of keeping up with evolving changes in legal and evidence based Operational practices. Often training includes the core competencies that any employee should know physical and area searches, counts, handcuf?ng, etc.) and skills for Specialized posts control rooms, supervision of special management inmates, etc.). The training program should reflect the skill set and the expectation of the agency including the mission and the guiding principles where these are documented. The current training program consists of a 4 week TO program in which new staff shadow other staff and at the same time take part in a training series that has been purchased from ?Lock Up In addition, the Sheriff has law enforcement staff provide the correctional staff?trainjng in a law enforcement control tactics program. Training piograrns appropriate for ail/correctional staff are too numerous to list here, yet intake processing, court and legal documents, medical, legal issues, mental health, inmate behavior management, are a few that should be considered. SUGGESTION: Consider adding a third post to each shift that would allow for a 24/7 control center post and two additional staff for jail floor operations. SUGGESTION: Consider conducting a staf?ng analysis. The NIC does provide training on how to conduct such an analysis or you may consider having a consultant assist you in this process. NIC NJ 1078 11 COUNTY 326 Operational Assessment: Walworth County Jail, Selby, SD SUGGESTION: Consider a geographical comparison of corrections staff wages to determine if adjustments are desired. Also consider moving towards parity in pay for corrections and law enforcement staff. SUGGESTION: Consider a focused recruitment effort to hire staff who seek a career in the corrections profession. Counselors, teachers, and prison correctional of?cers often use skills similar to those necessary in a jail environment. SUGGESTION: Further develop the current training program to include increased documentation such as dates of task training, dates of testing and or competence demonstration and signatures of completion. SUGGESTION: Consider further researching standard correctional pre-service training programs and implement such a program locally. This may include developing local instructors for the desired topics. Once developed, a proposed budget should also be developed. SUGGESTION: Deve10p an annual Training Plan that will outline agency training needs coupled with training resources available. The annual training plan should describe the proposed budget, the number of people to be trained in each subject matter, specialized training if any and potential locations for holding training. If necessary, develop in-house training programs to address speci?c and relevant training needs. Ensure that suicide prevention is part of this annual plan as the standard is a minimum of two hours annually. SUGGESTION: Provide PREA training to all staff. Section C: Acti eSu eruislon Inmates Corrections practitioners typically focus on active supervision of inmates because mere observation results in surveillance rather than supervision. To illustrate the distinction, surveillance allows staff to observe behaviors in their inunediate view and then react to situations prompting staff intervention. Conversely, staff who actively supervise inmates have ongoing contact with the inmate population and therefore can detect subtle changes in behavior such as escalation of an incident, suicidal tendencies following sentencing, etc., which allows staff to address issues before they become volatile. While current practice is to observe all inmates once at least every _30 minutes, it is unlikely that the staf?ng pattern allows for much active supervision of inmates and observation of all areas. NIC 17J1078 12 NALNORTH COUNTY 327 Operational Assessment: Walworth County Jail, Selby, SD Given additional supervision or, at a minimum obsegation of all inmate areas is essential. This observation and supervision should take place from inside of each housing unit. SUGGESTION: Continue efforts to implement the requirements of the Pris on Rape Elimination Act. The newly implemented PREA standards and the PRBA Resource Center are excellent resources for obtaining copies of the standards and speci?c requirements. This legislation outlines requirements for preventing abuse as well as future reporting requirements. Effective inmate behavior management considers six elements to maximize supervision of inmates. These elements include: Assessing Risk and Needs Assigning Inmates to Housing Addressing Basic Needs De?ning and Conveying Expectations Supervision - Keeping Inmates Productively Occupied Although each of these elements can be implemented independently of the others resulting in improved supervision, the combination of all of the concepts yields the greatest bene?t. Assessing Risk and Needs Effective classi?cation requires that inmates are screened upon commitment to the jail to ensure they are physically, mentally, and emotionally stable to be received into the facility; and classi?cation to assess several of the predictors of behavior while in detention center. Screening focuses on determining basic housing considerations such as the need for immediate mental health or medical issues that should preclude acceptance into the facility and a determination of preliminary housing considerations separation orders, high-risk inmates, etc). There are generally three primary decision points for assessing risk and needs: admission (to accept or not accept), holding in booking, and housing in the facility (reassessments are included as scheduled/needed). Prison Rape Elimination Act enacted in 2003. Major provisions include the development of standards (these have recently been issued, data collection regarding the incidence of rape (survey results indicated that inmatecn-inmate victimization occurred most often in the victim's cell The effective date of the Standards: August 20, 2012; compliance deadline: August 20, 2013. N10 1731073 13 WALNORTH COUNTY 328 Operational Assessment: Walworth County Jail, Selby, SD Currently corrections staff do an initial medical and mental health screening to determine acceptance. Once accepted into the facility, an additional medical and mental health screening is also performed at booking by corrections staff. The jail currently does not have an objective classi?cation process. The result of this is that inmates are not formally assessed for risk and needs and are subsequently not housed by an objective process that ensures the separation of inmates by risk. This creates signi?cant liability for the county. Although there are currently insuf?cient housing units to separate all inmates by classi?cation it would still be bene?cial to obtain such data to better make housing and separation decisions. SUGGESTION: Consider reviewing available objective classi?cation systems (both point-additive and decision tree) available and develop a plan for implementation. This plan will provide for successful transition, implementation, and monitoring of an objective classi?cation system to ensure it meets the agency needs. Issues to address in this plan would include, but not be limited to: Sufficient staf?ng to ensure all inmates receive an initial classi?cation prior to a housing assignment as well as scheduled reclassifications. General training for staff assigned to do the initial classi?cation. Special training for those that review and/or oversee classi?cation. Analysis of the housing needs based on the results of the classi?cations. Redevelopment of a housing plan based on the classi?cation system. 0000 Assigning inmates to Housing Generally, correctional practice includes assignment to housing following classi?cation. It is essential to house the inmate in a location where they are assigned with inmates of similar risk and need. By doing so, correctional staff are better positioned to manage inmate behavior. While this facility does not have designated program space, classi?cation may also be used to provide appropriate treatment resources in an ef?cient and centralized manner. These cohorts allow for housing based on custody and programmatic focus. These programs range from substance abuse to education. SUGGESTION: Once the classi?cation system is fully implemented, the classi?cation levels will inform the housing needs. At this point a housing plan can be designed to support the custody and classi?cation levels of the population. Meeting Inmates' Basic Needs Effective behavior management considers the importance of meeting inmates basic needs. Meeting basic needs is signi?cant because the failure to do so often results in inmates ?nding creative, albeit inappropriate means to meet these basic needs. Individual inmate needs are commonly identi?ed upon admission through a standardized questionnaire that includes questions related to health issues and suicide NIC 17J 1078 14 HALNORTH COUNTY 329 Operational Assessment: Walworth County Jail, Selby, SD ideology. The screening process should also include questions related to sexual predator/victimization risk. Considering inmates' basic needs in general accounts for those situations when inmates ?nd ways to meet the physiological, safety, and social needs when these needs are not addressed by the facility. An example of this is providing seating in the housing units for the number of occupants. Currently the number of beds and inmates in the housing units is more than the provided seating and table space. This creates several issues such as lack of space to sit and eat meals and a lack of space for leisure activities. The creates the scenario for possible competition for such spaces and the associated problems that arise from such a competition in a correctional environment. De?ning and Conveying Exp ectations A key component of effective inmate behavior management is de?ning and conveying expectations. Expectations are conveyed both directly rule books, orientations and staff directives, etc), and indirectly the physical cleanliness of the facility, staff behaviors, support for the of?cer, etc.). It is important that administrators continually assess operations to determine what direct and indirect messages are being communicated to the inmates. For the purpose of this discussion, the expectation of rational behavior and the concept of ?all space is staff space? will be addressed together. When an inmate is not provided expectations, they will create their own expectations resulting in the biggest or most dangerous inmate in the housing area establishing expectations. Similar to the broken window theoryz, whereby when expectations are not enforced, this facility, has suffered unnecessarily. For example, graf?ti is present in most all of the housing units. Many of these occurrences are no longer noticed by inmates, but regrettably, they are also not noticed by staff. The message to the inmates and staff is that it is not a concern. This is not a criticism of staff or management; indeed, without the resources to inspect and hold the inmates and staff accountable for actions/failure to act, it is dif?cult to resolve these issues. Direct conveyance of expectations typically occurs through a one page form that is signed by the inmate upon intake. Currently no orientation is provided at the jail. 3 A success?il strategy for preventing vandalism is to ?x the problems when they are small. Repair the broken windows within a short time, and the tendency is that vandals are much less likely to break more windows or do further damage. Clean up the. sidewalk every day, and the tendency is for litter not to accumulate (or for the rate of littering to be much less). Problems do not escalate, and thus respectable residents do not ?ee a neighborhood. The theory thus makes two major claims: that further petty crime and low?level anti-social behavior will be deterred, and that major crime will, as a result, be prevented. Criticism of the theory has tended to focus only on the latter claim NIC NJ 1078 15 WALNORTH COUNTY 330 Operational Assessment: Walwarth County Jail, Selby, SD SUGGESTION: Consider expanding the jail rules and/or providing an inmate handbook that further de?nes expectations and jail procedures. SUGGESTIN: Consider developing an orientation program that would be presented to new inmates. SUGGESTION: Establish the expectation that staff must address violations of rules at all times. Although staff do not need to address rule infractions fonnally, they should at least confront the inmate and reiterate the expectations. Supervision of Inmates Active supervision requires that detention of?cers roam housing units regularly, and supervisors ?'equently visit each housing unit to support of?cers. While it was observed that staff and supervisors were very responsive to inmate requests, and they provided assistance when needed, it is generally done ?om outside of the housing unit though the door port. This again, appears to be caused by concern regarding the poor facilities and lack of staff. Supervision is more than merely observing areas; the goal is to interact with the population to proactively identify and prevent issues. SUGGETION: Consider implementing in unit rounds to ensure proactive supervision of inmates, inspection, and accountability. Productive Activities The ?nal consideration for actively supervising inmates is the importance of occupying inmates? idle time with productive activities. With rare exceptions, inmates remain in the housing unit for the entire day with the dayro om being considered an acceptable recreation area. Any person left with so much unoccupied time will often ?nd counterproductive activities to ?ll that time. The bene?t of providing access to programs, work opportunities, and leisure activities is it keeps inmates productively occupied, but also has the potential to address inmate needs. The goal would be to fill the inmates' day with productive activities. This can be in the form of expanded work crews, structured activities, and more unstructured activities. Inmates spend most of their day watching television and playing cards. No board games or on unit exercise program was present. Commissary is also not offered at the jail eliminating the opportunity for inmates to purchase any items that may occupy leisure time. Commissary is also another privilege that would assist in managing inmate behavior as it can be removed when inmates violate rules such as placing graf?ti on the walls. There is basically no programming space in the jail other than the possibility of using a housing unit dayroom. NIC 1711073 15 WALHORTH COUNTY 331 Operational Assessment: Walworth County Jail, Selby, SD Although there is an exercise space outdoors there is no exercise equipment available to inmates to use during exercise periods and the area receives very in?equent use do to the staf?ng levels SUGGESTION: Consider contracting for commissary services. SUGGESTION: Consider further development of leisure activities such as providing appropriate board games, enhanced exercise equipment and as consistent exercise schedule. Section D: Thorough Policy and Procedure Policies and procedures for the operation of the jail have been recently drafted. The jail administrator has primary responsibility for development and maintenance of the jail policies and procedures. It appears there has not been a formal process to conduct an annual review of policies and procedures, and several necessary policies and procedures are either missing or dated. SUGGESTION: Using State Statute 24-1 1-23 and the American Correctional Association (ACA) Core Jail Standards as a baseline further develop the jail policy and procedure manual to ensure mandatory and core areas are covered. Also, when developing and reviewing the manual ensure that policy and procedures are consistent with operations. SUGGESTION: Establish a policy for annual review of the jail policies and - procedures, with revisions made as needed. One method of review is to schedule speci?c SOPs for review each month over the course of the year so that, by the end of the year, a review of all SOPs is completed. This will aid in keeping policies and procedures current and relevant. SUGGESTION: Develop aprocess where staff Sign a form documenting their receiving and understanding the policies and procedures. SUGGESTION: Deve10p emergency policies and procedures and include checklists where appropriate. NOTE: The ACA Core Jail Standards are especially applicable to small jails and were deveIOped after rigorous field tests by the American Correct ionsl Association in conjunction with the National Institute of Corrections, American Jail Association, National Sheriffs Association, and the Federal Bureau of Prisons. Standards cover areas of safety, security, administration, and care including health care, programs and activities. NIC 1078 17 WALNORTH COUNTY 332 Operational Assessment: Walworth County Jail, Selby, SD get-?an E: Prio??ze the Resolution ofLif?e. eal'th. and Safety Issues The operational assessment included an assessment of life, health, and safety-related issues. Problems or shortcomings in these areas may result in illness or injury to inmates, staff or others who are associated with the facility. The connection between some of these types of conditions and illness/injury is obvious: - Unsanitary facilities may cause a variety of medical conditions. The presence of pests or vermin may cause injuries, such as an insect bite or rodent bite. Inadequate or contaminated ventilation may cause illness. Mold can cause illness and breathing problems. Excessive amounts of combustible materials in cells creates a potential fire hazard. Suf?cient lighting, arti?cial and natural, also promotes health and may increase safety for inmates, staff and others. Ventilation and temperature systems may become less effective over time, especially if routine and preventive maintenance are not consistently provided. In addition to a breakdown in the equipment, other factors may reduce the effectiveness of these systems, such as dirty air vents that become clogged and restrain air movement. Maintaining compliance means keeping these mechanical systems in good repair, including replacing ?lters and cleaning ducts as prescribed by the manufacturers. This should be part of ongoing maintenance procedures. Most of the conditions listed also impact staff and other non?inmates who work or visit the facility. Light, ventilation, temperature, and sanitation are all working conditions that could pose risks to non-inmates as well. The purposes of safety and sanitation inspections should ensure that: a All areas of the jail are clean and orderly; - Lighting, ventilation, and heating equipment is functioning properly; - No fire, health, or safety hazards exist; All detection and suppression system, equipment, tools, and security devices are functioning properly; - All inmates are receiving appropriate supervision and training in the use of hazardous materials, equipment, and tools; a All plumbing equipment including bathing, sink and toilets, washing and laundry facilities are functioning preperly; and All identi?ed de?ciencies are reported and corrected. NIC 1711078 18 HALHORTH COUNTY 333 Operational Assessment: Walworth County Jail, Selby, SD Fire Safety A ?re and safety inspection process is not present at the jail. This is a necessary component of the overall jail operations and is critical to life safety. At present time, the ?re extinguishers present are not mounted but rather sitting in of?ces or in a corner on the ?oor. There are no self?contained breathing apparatuses (SCBA) or evacuation hoods placed in the jail to he used in the event of a ?re emergency. It is a common industry standard to have this equipment in place to ensure staff and inmate safety in the event of ?re. Fire safety training is limited to informal non?mandated drills. No recent? inspection from the local ?re department or ?re marshal was able to be produced during the assessment. SUGGESTION: Assign and train a ?re safety of?cer consistent with the recommendations of the ACA core standards. SUGGESTION: Develop a documented ?re and safety inspection process that includes, at minimum, inspection of the extinguishers, ?re exits, SCBA or evacuation hoods, and performance of emergency key rings. SUGGESTION: Ensure that ?re safety training is part of the pro-service and annual training plan. Pro-service training should include, at a minirmun, training on the use of equipment and emergency keys as well as evacuation plans. Annual training should include documented ?re drills, pro?ciency testing on the use of any manual release mechanisms, and review of the policy, procedure and ?re plans. SUGGESTION: Ensure an annual ?re inepection from the local ?re department, ?re marshal, or contractor is completed as part of policy. SUGGESTION: Consider mounting the extinguishers in select locations. SUGGESTION: Consider implementing SCBA and/or smoke hoods. NIC 1711073 . 19 WALNORTH COUNTY 334 Sanitation The current sanitation process in the housing units typically involves an of?cer issuing cleaning supplies every other day. No formal sanitation inspection process currently exists at the jail. In the course of the operational assessment, the technical resource provider noted the following: Signi?cant amounts of graf?ti on the housing unit walls. Shower surfaces were worn and appeared to be unsanitary. SUGGESTION: Consider issuing cleaning supplies daily. SUGGESTION: As part of policy, ensure of?cer conduct and document daily sanitation inspections in the daily activity log. SUGGESTION: As part of policy, dictate a documented weekly and sanitation inspection process. It is recommended that either a Sergeant or Lieutenant conduct the weekly inspection and the jail administrator conduct the inspection ADA/Healthcare The facility lacks the ability to meet ADA requirements in many areas. The healthcare program is not consistent with todays expected correctional practices as there is no onsite services other than emergency care that is limited to standard ?rst aid and EMS. While inmates-can put in a request for health care the decision regarding if the inmate is referred for services is left to correctional staff. SUGGESTION: Obtain the services of on~site nursing staff who would, at a minimum, review all hooking screenings, triage medical requests, provide on?site services consistent with level of training, and make necessary referrals for inmates. SUGGESTION: Obtain the services of an oversight physician to oversee the jail medical program. This would include the development of jail health policies, procedures, and protocols along with supervision of on?site nursing staff. NIC 1711078 20 NALWORTH COUNTY 335 Operational Assessment: Walworth County Jail, Selby, SD SUGGBTION: Further develop the booking screening to obtain increased medical information regarding inmates who will remain in custody. Erotection from Harm Suicide Prevention Inmate suicide prevention practices are in place at the facility. Inmates who are identi?ed by correctional staff as having risk for suicide are'placed on suicide watch in a cell with property limited to a suicide resistant smock and a mattress until assessment by a Quali?ed Mental Health Professional (QMHP). Inmates on suicide watch are checked every 15 minutes according to documentation inspected during the assessment. The QMHP only makes the determination as to if the inmate should be sent to a mental health facility. if the inmate does not qualify for such a commitment they are removed from suicide watch and no fin-their services are available at the jail. As noted previously in the report, cells used for housing those inmates on suicide watch do not have an intercom and are not full}r Suicide resistant. SUG GESSTION: Consider expanding the mental health services provided at the jail by a QMHP to include follow up care and monitoring along with a suicide prevention protocols for those who may not ?t the criteria for hospitalization but may still be a suicide risk. SUGGETION: Further deve10p the bookin screening to obtain increased mental health and suicide history infonnation regarding inmates who will remain in custody. SUGGESTION: Consider retro?tting the HVAC vents in the three cells to increase suicide resistance. SUGGESTION: Ensure cell front/in person wellness checks for those on suicide watch are conducted at irregular intervals not to exceed 10 minutes. SUGGESTION: Consider implementing use of a real time recording system so that wellness checks will be electronically logged and can be regularly viewed for quality assurance. In the absence of a real time recording and auditing system, supervisor may be assigned to audit a set number of wellness checks to ensure the log documentation is consistent with the camera recording. NIC 17J1078 - 21 WALNORTH COUNTY 336 Operational Assessment: Walworth County Jail, Selby, SD Use of force Training in a correctional facility sh0uld include verbal skills with physical alternatives and be corrections speci?c. This type of training will provide verbal skills, confrontation avoidance techniques, and de-escalation techniques while ensuring staff are con?dent in making use of force decisions as well as con?dent in their abilities to use and document use of force. SUGGESTION: Consider conducting a full review of your use of force pregram including reviewing the policy and procedure, documentation processes, training and the data collection and analysis process. A NIC technical assistance request may be submitted for such a review or you may obtain the services of a consultant. SUGGESTION: Consider developing a documented review process for any use of force incident. Section E: Ongoing Monitoring otfPertoj nuance Coupled with Aggressive Problem Solving Jail Administrators must be expected to be problem identi?ers, problem solvers, and change agents. The jail administrator must provide line staff with proper ?tools? to perform their job properly and constitutionally. Administrative liability is associated with failure to meet these expectations and can result in ?ndings surrounding failure to direct, failure to train, and failure to supervise. Supervision of staff is a signi?cant component of monitoring performance and is more than observing staff performance to identify failure to comply with approved policies and procedures. It is also ensuring that staff have the necessary resources to perform their duties in an effective and efficient manner. Systems must be in place to encourage input ?om staff, and for staff to receive ongoing feedback from the administration staff. Staff are in the best position to offer suggestions for improvement, but often there are many barriers to obtaining this input (?we?ve always done it this way,? ?I?m close to retirement and just want to do my jo Although the jail does have a grievance form available to staff there was no tracking mechanism to ensure the grievances were appropriately addressed nor were the issue tracked to identify problems and/or trends. SUGGESTION: Further develop the grievance systemlpolicy to ensure a documented resolution and tracking process. SUGGESTION: Involve supervisory and line staff in the decision?making process where appropriate to do so. This may include developing procedures for NIC 1711078 22. NALNORTH COUNTY 337 Operational Assessment: Walworth County Jail, Selby, SD certain policies; establishing criteria for workforce selection; and determining the best way to implement new changes. SUGGESTION: Continue to conduct regular staff meetings with an agenda and set time. Allow appropriate time for discussion and establish expectations for both management and staff to resolve issues. Monitoring performance goes beyond just staff; it?also includes overall performance of the operation. The physical plant condition, ?uctuations in the imnate population, and trends in the corrections profession are all performance indicators that may trigger operational changes. Documentation is made but there is limited analysis of the data collected to support informed decision~making. An ongoing assessment process or internal audit system can be of great bene?t in evaluating current operations/performance and predicting future issues and needs. The steps in developing an internal audit system include: 1. Identi?r the key operational ?mctions or activities to be assessed; 2. Select the most effective method of reviewing each function or activity; 3. Determine the frequency of reviews; 4. Identify the approPriate position within the organization to the review of each function; 1. 5. Establish a schedule for the reviews; and 6. Establish a process to correct identi?ed de?ciencies. The best method of review eculd include a regular review and sign-off of reports; periodic review/examination of records; review of census information/other aggregate data collected; inspection of facilities, equipment, and/or ?u'nishings; and visual observation of activities. Currently the jail does not have an automated jail management system to enter, store, and collate data. Such systems provide usable information and reports that allow for jail administration and county decision makers that allow them to make informed decisions on jail and criminal justice issues. Such systems allow for a complete inmate/j ail management record system that tracks population data, grievance data, classi?cation, discipline history, use of force data, of?cer reports, inmate accounts, etc. Such a system also stores necessary information that is demanded in civil litigation proceedings. Although it is dif?cult to quantify cost avoidance by implementing performance- monitoring steps, it is intuitively a rational approach to identifying is sues that may have far?reaching future implications. From this data, a master plan can be developed so current and ?lture costs can be identi?ed and so staff are not trying to complete all tasks at the same time. There is an excellent foundation for operational assessment measures to continue to meet ACA Core Jail Standards and developed policies and procedures. NIC 1711078 23 NALNORTH COUNTY 338 OperationalAssessment: Walworth County Jail, Selby, SD SUGGESTION: Develop an internal audit system that includes the steps listed in this section. Include line staff in the deveIOpment of the system. Many resources exist to assist in developing an audit system. The National Institute of Corrections Information Center is an excellent starting point. SUGGESTION: Consider the implementation of a jail management system software. SUGGESTION: Develop a system for managing action plans, projects and audits to ensure the performance monitoring system is being implemented as anticipated. Conclusion It is clear that the Sheriff and his staff are committed to meeting the requirements to operate a safe and secure jail. Indeed, the Sheriff has demonstrated a commitment to seek out best practices, evidenceuhased operations, and an objective facilities assessment. I applaud this effort, but caution that success will be dif?cult to obtain in some areas and impossible in others without the support of the County Commissioners. Clearly, the jail is an important part of the local criminal justice system in Walworth County as well as the regional criminal justice system in South Dakota. The value the jail provides in community safety cannot be understated. This is the case of jails Nationwide. It is clear that facilities planning must continue following this assessment due to the aged and outdated facility. Fertunately, the County Commissioners have identi?ed this as a need and have previously authorized funding for a concept proposal that was recently presented to the Conunissioners. This proposal is merely a beginning and signi?cant planning must take place prior to putting a shovel in the ground. As discussed at the close out meeting it is rec ommended that the planning process continue to include: A decision point to move forward on the jail plan deve10pment. Taking advantage of planning resources available from NIC such as ?Planning of New Instiniticns" as outlined in appendix B. Conduct a formal needs assessment to determine your current and'future jail space and staf?ng needs A decision point on a choice of architect, construction manager, and consultant to ensure the county?spresent and future interests and needs are met during this planning. This would include conceptual drawings for future additions such as the courts, current of?ces in the County Building and added housing if needed. Eventually your selected architect, construction management ?rm along with your consultant will provide a final plan and estimated cost for a decision point to build. NIC 17J1078 24 NALHORTH COUNTY 339 Operational Assessment: Walworth County Jail, Selby, SD Operationally, a signi?cant number of potential enhancement opportunities have been suggested that will improve current operations and carry over to any new facilities. County Commission support will also be necessary for many of these changes. The need for developing an overall strategic and operations work plan will be important to ensure the County fully capitalizes on this assessment. SUGGESTION: Consider further utilizing the National Institute of Corrections (http://nicicgovl) as a technical assistance provider and as a resource to provide information and training that will assist you in meeting the stated vision of the jail. This may include: 0 Technical assistance request for ?Planning ofNew Institutions This is now an onsite program. it Technical assistance for onsite training ?Making the Transition to a New Jail.? a Technical assistance requests for conducting site visits to observe successful objective classi?cation systems and successful inmate behavior management programs. Technical assistance to conduct a full review of the use of force program. Participate in training such as inmate behavior management, classi?cation and jail administration. - Utilization of the tin-line training regarding jail topics. 0 Utilization of the Resource Center for materials regarding jail topics. SUGGESTION: Consider developing "a strategic plan that would incorporate the development of measures to sustain operations policies and procedures). Training should be included to reinforce the mission, goals and objectives of the agency and how the policies, etc., support the mission. Concurrently, begin to implement the six elements of Inmate Behavior Management into the operation and continue the planning of needed facilities. NIC 1711078 25 WALNORTH COUNTY 340 Appendix A NIC 1711078 26 NALWORTH COUNTY 341 Appendix A Excerpts from: Jail Staf?ng Analysis Third Edition Jail Staf?ng and the Federal Courts Cepyright 2009, Rod Miller, Dennis R. Liebcrt and John B. Wetzcl WALNORTH COUNTY 342 Appendix A Jail Staf?ng and the Federal Courts Court decisions define important parameters for all operations by establishing minimum levels of service, performance objectives, prohibited practices, and speci?c required practices. We eXplore federal court decisions in this appendix, but we note that state and local courts also play an active role in evaluating and guiding jail operations. Decisions handed down by federal courts have required jails to: Protect inmates from themselves, other inmates, staff, and other threats Maintain communication with inmates and regularly visit occupied areas Respond to inmate calls for assistance Classify and separate inmates Ensure the safety of staff and inmates at all times Make special provisions for processing and supervising female inmates Deliver all required inmate activities, services, and programs (medical, exercise, visits, etc.) - Provide properly trained staff Federal court involvement with jails goes back more than 40 years. State and federal prisons were the focus of many landmark cases in this era, and local jails soon became targets as well. Early federal decisions tackled fundamental constitutional issues in jails. Many of these pioneering decisions are still cited in current litigation. Courts view staf?ng levels and practices as central to the constitutional duty to protect The United States Constitution imposes an extraordinary duty to protect on jails that has no counterpart in the public safety. 1 While our duty is less visible to the public, and likely less appreciated, it rises above the constitutional responsibilities of our public safety colleagues. Even probation does not approach the duty to protect that is imposed on. jails. Probation of?cials are not held responsible for the behavior of offenders under their supervision, nor for what happens to the offenders when they are not actuaily with a probation officer. Do citizens have a constitutional right to be protected from crime or to have a ?re extinguished? No, these are services that government chooses to provide. Whether or not to provide these services, and the level of service that are delivered, are discretionary decisions, from a constitutional perspective. To be sure, it is politically expedient to provide ?re and police protectiOn. Because such services are discretionary, of?cials may vary staf?ng levels in reaponse to temporary or long?tenn staff shortages: 1 When ?re, police and other public safety personnel provide services, the Constitution certainly comes into play, establishing many requirements for the manner in which services are delivered. But in these cases, the duty to protect commences when of?cials decide to act. 2 While the constitution does not mandate such services, state law, local ordinances. local policies and procedures, and even union contracts, might create requirements for staf?ng levels or patterns. WALNORTH COUNTY 343 Appendix A But ajail?s duty to protect is constant, beginning when an inmate is admitted and continuing until release. Case law clearly establishes the responsibility of ail of?cials to protect inmates from a ?risk of serious harm? at all times, and from all types of harm~? ?'om others, from themselves, ?cm the jail setting, from disease, and more. Because our duty to protect is constant and mandated, we do not have the option to lower our level of care just because we do not have enough staff. If a shift supervisor leaves a needed post vacant because there are not enough employees to staff all posts, lie/she increases risk and exposes the agency and government to higher levels of liability. Duty to Protect In an early federal district court case in Pulaski County, Arkansas, the court described the fundamental expectations that detainees have while con?ned: a detainee ought to have the reasonable expectation that he would survive his period ofdetainment with his life; that he would not be assaulted, abused or molested during his detainment; and that his physical and mental health would be reasonably-protected during this Hamilton v. Love, 328 F.Supp. 1132 (D.Ark. 1971). In a Colorado cases, the federal appeals court held that a prisoner has a right to be reasonably protected ?cm constant threats of violence and sexual assaults from other inmates, and that the failure to provide an adequate level of security staf?ng, which may signi?cantly reduce the risk of such violence and assaults, constitutes deliberate indifference to the legitimate safety needs of Staf?ng Levels The ?rst Pulaski County case produced continuing federal court involvement with jail operations. When the county was brought back to court by inmates in 1973, the county asked the court to consider their plans to build a new jail. But the judge held that, while the plans are promising, current conditions must he addressed: This Court can only deal with present most serious and patent defects in the present operation result directly ?'om inadequate sta?'t?ng. Hamilton v. Love, 358 F.Supp. 338 (D.Arlc. 1973). A federal district court judge linked Platte County (Missouri) Jail?s duty to protect to staf?ng levels: There shall be adequate correctional staffer: duty to protect against assaults of all types by ilg?ayipees upon other detainees. Ahrens v. Thomas, 434 F.Supp. 873 In New Jersey, the federal district court required county of?cials to obtain an independent, professional staf?ng analysis addressing security staffing and naming, classi?cation, and inmate The court set expectations for the plan and ordered the county to implement the plan: WALNORTH COUNTY 344 Appendix A 3 Ramos v. Lamm, 639 F.2d 559 (10m Cir. 1980). The sta??ing analysis shall review current authorized stra?ng, vacancies, position descriptions, salaries, classi?cation, and [The county] must implement the Essex County Jail Annex Inmates v. Tre?inger, 18 F.Supp.2d 445 (D.N.J. 1998). Liability Of?cials may be found to be ?deliberately indifferent? if they fail to address a known risk of serious harm, or even if they should have known of the risk. Ignorance is not a defense. Failure to protect inmates may result in liability. Usually court intervention takes the form of orders that restrict or direct jail practices. Sometimes the courts award compensatory damages to make reparations to the plaintiffs. In more extreme situations, defendant agencies may be ordered to pay punitive damages. A US. Supreme Court decision held that punitive damages may even be assessed against individual defendants when indifference is demonstrated: Ajury may be permitted to assess punitive damages in a 1983 action when the defendant?s conduct involves reckless or callous indwerence to the plainn??s federally protected rights. Smith v. Wade, 103 1625 (1983) Court Intervention Most court decisions produce changes in jail conditions, including operations. Continuing court involvement might be prompted by a consent agreement between the parties, or by failure of the defendants to comply with court orders. The nature of court involvement may even include the review of facility plans. In a New Mexico case, the court renewed its involvement when plans to reduce staf?ng Were challenged by the plaintiffs. The court prevented the state from reducing staf?ng levels at several correctional facilities: ..defendants will be the authorized or approved complement of security staff. .. unless the minimal staf?ng levels identi?ed as being necessary to provide a constitutional level of so?ety and security for prisoners have been achieved. The Court also will enjoin defendants to ?ll existing vacancies and thus to employ at least the number of medical and mental health sta?' as well as the number of security stq?" authorized to be employed..during ?scal Duran v. Arroyo, 642 F.Supp. 510 (D.N.M. 1986). Connecting Staf?ng Practices to Other Conditions In the New Mexico case, the court went on to draw links bemoan staffing levels and other aspects of facility Operations, ranging from overtime to inmate idleness: Overtime ?..security sta?? will be adversely a?ected by excessive overtime work as a result of the understa?ng of the inclinations subject to the Court orders in this litigation NALNORTH COUNTY 345 Appendix A Out of Cell Opportunity addition, prisoners will be required to remain in their housing units for longer periods of time, and inmate idleness will increase. Idleness. ?Prisoner increase as a result of sta?? Programs and Activities. ?There is a direct, inverse correlation between the incidence of acts and threats of violence by and between inmates, on the one hand, and the types and amounts of educational, recreational, work and other programs available to inmates, on the other--i.e., acts and threats of violence tend to decrease as program availability and activity increase. Training. ?Reduction in security sia?? positions will prevent" .complying with sta?? training requirements of the Court?s The court noted concerns by a security expert that the ?security stajj" reductions that are contemplated will result in a ?scenario at this similar to the scenario that occurred prior to the 1980 disturbance referring to the deadly inmate riot at the New Mexico Penitentiary that claimed 33 inmate lives and injured more than 100 inmates and 7 of?cers. Lack of funds is not an excuse Federal courts have made it clear that lack of funds does not excuse violation of inmates? constitutional rights: Humane considerations and constitutional requirements are not, in this day, to be measured or limited by dollar Jackson v. Bishop, 404 F.2d 571 580 (8th Cir.1968) Courts may even restrict a jurisdiction?s discretion with regard to Where funds are found to make needed improvements. An appeals court held that it may restrict the sources from which monies are to be paid or transferred in order to protect the legal rights of those who have been victims of unconstitutional conductn In a 1977 decision,s Supreme Court Justice Powell observed: federal court?s order that a State pay nit-appropriated funds to a locality would raise the gravest constitutional But here, in a finding no longer subject to review, the State has been adjudged a participant in the constitutional violations, and the State therefore may be ordered to participate prospectively in a remedy otherwise appropriate. The Indianapolis case (see Footnote 3) concluded: It is not the province of a federal court to instruct the legislature on how it should ?nance its obligations. The district court did not attempt to do so. The court did what was within its authority?-order a wrongdoer to pay the cost of remedying its wrongdoing 4 United States v. Board of School Commissioners of City of Indianapolis, 677 F.2d 1135 (7th Cir.1932). NALNORTH COUNTY 346 Appendix A leliiken v. Bradley, 433 11.3. 267 (1977). Recent Federal Cases Although the basic tenets of federal court involvement with jail staffing and operations were forged many years ago, the practice has not ended, as suggested in these more recent cases: Cavalieri v. Shepard, 321 F.3d 616 (7th Cir. 2003). The court noted that the detainee's right to be free from deliberate indifference to the risk that he would attempt suicide was clearly established. Wever v. Lincoln County, Nebraska, 388 F.3d 601 (3th Cir. 2004). The court held that the arrestee had a clearly established Fourteenth Amendment right to be protected from the known risks of suicide. Estate of Adbollahi v. County of Sacramento, 405 F.Supp.2d 1194 The court held that summary judgment was precluded by material issues of fact as to whether the county knowingly established a policy of providing an inadequate number of cell inspections and of falsifying lo gs showing completion of cell inspections, creating a substantial risk of harm to suicide-prone cell occupants. Heams v. Terhune, 413 F.3d 1036 (9th Cir. 2005). The court held that the inmate?s allegations stated a claim that prison of?cials failed to protect him from attacks by other imnates. The inmate alleged that an of?cer was not present when he was attacked even though inmates were not allowed in the chapel without supervision. Velez v. Johnson, 395' F.3d 732 (7th Cir. 2005). The court held that the detainee had a clearly established Fourteenth Amendment right to be ?ee from the of?cer?s deliberate indifference to an assault by another inmate. Smith v. Brevard County; 461 F.8upp.2d 1243 2006). Violation of the detainee?s constitutional rights was the result of the sheriff?s failure to provide adequate staf?ng and safe housing for suicidal inmates, and in light of the sherist knowledge that inmate suicide was a problem, his failure to address any policies that were causing suicides constituted deliberate indi??erence to the constitutional rights of inmates. WALNORTH COUNTY 347 Appendix Ne JallPlann'n t?atlve Local Jurisdictions face a wide variety of challenges when deciding whether to build a new jail. if they make a decision to build, they face further challenges in the planning, construction, and operation of a new Jail. The National institute of Corrections Jails Division provides training, technical assistance, and information related to new Jail planning. These services address issues such as factors to consider in making the decision to build a newjall; the crucial importance of owner Involvement in all phases of the project; and information related to designing, constructing, and occupying the new facility. Jail and Justice System Assessment (JJSAJ Jurisdictions considering renovating an existing Jail or constructing a new one can apply for assistance in evaluating their current facility and the role of theirjaii in the local criminal justice system. will assess the physical condition of the Jail and interview criminal justice stakeholders about policies and practices that affect the Jail. The assistance will result in recommendations related to new construction or renovation and observations concerning areas of the local Justice system that have an impact on the Jail population. The recommendations and observations will be presented at a meeting of local officials, Jail practitioners, and community members, and will be documented in a follow-up report. Planning of New institutions iPONil Although criminal justice planners and architectural firms have the technical expertise to plan and design a newJail, it is the Jurisdiction that will operate the jail long after the planners and architects are gone. ?therefore, it is important that a Jail?s design meet the operational and capacity needs of the Jurisdiction and agency that will operate it. Owner involvement throughout the planning process is crucial to the success of the planning effort and, ultimately, the successful construction and operation of the new jail. Decisions made at the early stages of the planning process will affect the remainder of the project. This 24-hour training program teaches the importance of ln?depth planning before starting facility design; it does not teach participants how to design a correctional facility. The course teaches concepts through case studies, allowing participants to get "hands-on" experience in planning methods. The course focuses on the critical elements of planning a new facility, including collecting and using data, pro-architectural programming, site'evaluatlon, project management, and determining staffing needs. This training is designed for key policy and decision makers with roles in the newJall project. Participants should include the sheriff or director of corrections, the jail administrator, county commissioners or supervisors, the county executive or administrator and key non-elected community stakeholders. The preferred class size is 12-24 people. NIC sends the instructors and all the material to your training site. 8 WALNORTH COUNTY 348 Managing .lail Design and Constructing Contracting services for the design and construction of a new facility is only one small step in the much larger process of building a new jail. How staff transfer inmates, accept visitors, and create space for special programming are considerations that should be resolved long before construction begins. This program teaches participants to think about the nuances of their operations and how they should translate into design and construction. The course introduces participants to project management and clarifies the roles and of those who develop, design, and construct new facilities. Together, teams learn how to read and interpret facility planning documents, manage changes during construction, and develop a design and construction plan that meets their needs. By the end of the course, teams should be able to take an active role in managing day-to-day activities, resolving problems, and making decisions related to the design and construction process. Participants work on the skills and abilities they need to manage design and construction. Participants must have key decision-making roles in the building project. They should have a ?rm commitment to the construction of a new facility and have funding for the project, and they should have completed, or be in the process of completing, a needs assessment and feasibility study. The participants must include the sheriff, jail administrator, project manager, transition team leader, or other assigned staff members. Making the Transition to a New Jail - How to Open a New institution) Transition assistance helps local officials understand how to plan for the transition to and occupation of the new Jail. it is available to Jurisdictions at two points in time before the new jail opens: Before the jurisdiction breaks ground for the newjaii, a technical resource provider can work onsite to help local officials understand the major components of transition, develop criteria for selecting transition team members, and begin to create an action plan for the transition process. After the jurisdiction has broken ground for the new jail, technical resource providers can train the transition team on the function of the jail?s mission statement; development of operational scenarios, policies, procedures, and post orders; move logistics; staff training issues; budgeting for transition; and development of an action plan for transition. If a jurisdiction is within 12 months of opening its new jail, assistance can stiil be provided but is limited in soups because of time constraints. A tech nicai resource provider can help local officials and agency staff assigned to the project,.identify the criticai tasks required to open the facility and develop an action plan to complete these tasks. There is no cost to jurisdictions who request assistance and/or training from For additional information on these technical assistance o?erings please contact Mike Jackson at 202-616?9565 or at mpjockson@bop.gov. 9 NALWORTH COUNTY 349 Appendix DATA REQUEST Operational Assessment Average Daily Population (previous 3 years) Average Length of stay (Previous 3 years) Population breakdown - County, state, revenue, male/female, adult/juvenile, etc. (previous 3 years) County Demographics Classification (Copy of classi?cation plan and description of each classification designation minimum, medium, maximum, special management, special needs (medical, mental health), community, etc. - 3 Copy of the facility?s mission purpose statement. Copy of applicable state Jail standards; statejall code. Copy of the most state recent inspection, review or assessment of the facility. along with any corrective measures taken. Copies of other inspection reports (food service, sanitation and safety Inspections, etc. Copies of the facility's last annual report with statistical data such as admissions, average daily population, transports, meals served, visits, etc. Activity schedules or plan of the day for the facility representing meal service times, visitation, med rounds, laundry, recreation, courts, shift changes, formal counts, iockdown, wake up, commissary, spiritual or religious services, programs such as education, substance abuse, etc. List of programs and services. Summary of critical incidents such as suicides, deaths, assaults, escapes, facility destruction, etc. inmate handbook. Policies and procedures manual (including post orders) In electronic form, If available. If too cumbersome, please forward a table of contents so the most salient policies may be selected for review. Current staf?ng plan and organizational chart. Forms for the following: Disciplinary action; intake assessments, use of force. Service Contracts health care, food service, commissary. maintenance, etc.) Volunteer/provider packet (application. manual/agreement, orientation materials) Annual Training Plan; pro-service training plan: ?eld training program documents. NALNORTH COUNTY 350 ligpenditt? Background on any current Iltlgatlon. NALNORTH COUNTY 351 Appendix Walworth County Jail Operational Assessment Agenda Date/Time Activity Description Tuesday, June 6, 2017 8:00 AM Initial/Kick Off Meeting with 0 Brief Sheriff and Deputy Sheriff Introductions a Review Commission 9:00 Commission Meeting Meeting 86 A ?'om Commission 10:00 AM ?11:00 AM Continue Kick Off Meeting with Sheriff and designated staff - Introductions - Expectations/desired outcomes 0 General Overview of Facility, special features, current issues, trends 0 Overview of assessment process/methodology 0 Con?rm Schedule/work space 11:00 AM . - Consultant escorts Facility Tour 12:00 PM Lunch 1 Continue Facility Tour Facility Assessment Wednesday, June 7, 2017 Brie?ng/Review schedule 85 needs Continue Facility Assessment Lunch Continue Facility Assessment Discuss needed access and/or escorts NALWORTH COUNTY 352 Appendix Closeout Meeting Review/discuss preliminary ?ndings Answer Questions Next steps WALNORTH COUNTY 353 WALNURTH COUNTY 354