Report 2018-106 Recommendation 17 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 #17 To: Alameda County Sheriff's Office

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

6-Month Agency Response

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

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

60-Day Agency Response

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

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

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

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

All Recommendations in 2018-106

Agency responses received are posted verbatim.