Report 2018-106 Recommendation 13 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 #13 To: Corrections and Rehabilitation, Department of

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

6-Month Agency Response

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

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

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

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

60-Day Agency Response

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

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

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

All Recommendations in 2018-106

Agency responses received are posted verbatim.