Report 2018-106 Recommendation 2 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 #2 To: Corrections and Rehabilitation, Department of

To ensure the health and safety of its employees and hold its supervisors accountable, CIM should revise its policies and procedures to require documentation that its supervisors are notifying victims of gassing attacks in a timely manner of the counseling services available to them.

1-Year Agency Response

In the event of a gassing attack, the Incident Commander shall ensure that all required documentation and forms are completed with the incident report to ensure the victim(s) are provided with adequate medical evaluations. CIM revised the Attachment A- Staff Battery Review Form (Rev. 8/18) to include the following: was the Employee (EE) provided Attachment B- Revised Form California Department of Public Health (CDPH) 8459 and was the EE advised of counseling services (EAP/Peer Support). This form is utilized during the Institutional Executive Review Committee, during the Staff Battery Review Subcommittee. CIM revised the local operating procedure Attachment C- Department Operations Manual Supplement Section 54110.1 on

January 15, 2019; to include Employee Counseling and Responsibilities. DOM Supplement is attached as proof of practice. CIM revised the local Attachment D- Injury and Illness Prevention Program (IIPP) Form 5 to address aggravated battery (gassing). The IIPP Form 5 serves as the California Department of Corrections and Rehabilitation (CDCR) supervisor's accident investigation report. IIPP Form 5 is one of the first forms that must be completed when a recordable injury or illness has occurred.

A work group that will provide direction to the field on how to manage a gassing incident has been established to update current policy and procedures on a statewide level. The work group will be focused on bringing CDCR's policy in line with AB 294 recent changes and the Penal Code, which will ultimately satisfy the recommendation.

Note- attachments will be submitted via email.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

Supervisory Staff will continue to be held accountable for repeated similar/same infractions keeping in line with DOM, Chapter 3, Article 22, Section 33030, entitled Employee Discipline.

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

It is the Incident Commander's responsibility to advise the employee of their right to request the inmate involved be tested for communicable diseases , via the CDPH 8459 (attachment E).

In addition the Incident Commander shall ensure the employee is advised of counseling services available to them through the Employee Assistance Program and the Peer Support Program at CIM.

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

We are pleased to see that the department revised its policies to notify the victims of gassing attacks of the availability of counseling services. However, our recommendation also stated that CIM require documentation that its supervisors notify victims of gassing attacks of counseling services. The revised policies do not include this provision.

60-Day Agency Response

Supervisory Staff will continue to be held accountable for repeated similar/same infractions keeping in line with DOM, Chapter 3, Article 22, Section 33030, entitled Employee Discipline.

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

All Recommendations in 2018-106

Agency responses received are posted verbatim.