Report 2018-106 Recommendation 3 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 #3 To: Corrections and Rehabilitation, Department of
To make certain that victims are aware of threats to their health, CIM should follow state law and ensure that its medical personnel immediately inform victims of gassing attacks of any evidence suggesting that the inmates involved have a communicable disease. It should further document that it has provided this information to victims.
Annual Follow-Up Agency Response From November 2020
DOM Section 54110.7 specifically addresses the legal requirement that the victim is immediately notified if there is evidence that an inmate has a communicable disease.
CIM revised its local operating procedures DOM Supplement 54110.1 to further define the Return to Work Coordinator and Incident Commander's responsibilities in the event of a gassing incident. At the time of the incident, if there is no evidence an inmate has a communicable disease as defined in 54110.7, the victim will be advised of his/her right to request that the inmate involved be tested for a communicable disease.
The work group created to provide direction to the field with a focus on bringing CDCR's policy in line with AB 294 was disbanded as the Bill was vetoed by Governor Newsom in October 2019.
- Completion Date: December 2018
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
Annual Follow-Up Agency Response From November 2019
Please refer to our one-year response.
- Completion Date: December 2018
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
CIM's revised policy does not address our concern that it will immediately notify the victim of any evidence that an inmate involved in a gassing attack is known to be infected with a communicable disease, as we discuss on page 15 of our audit report.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
1-Year Agency Response
CIM has revised its local operating procedure DOM Supplement 54110.1 to include Return to Work (RTW) Coordinator's Responsibility and Incident Commander's Responsibility in the event of a gassing incident. It is the Incident Commander's responsibility to advise the employee of his/her right to request that the inmate involved be tested for a communicable disease and to ensure that the CDPH Form 8459 is sent to the RTW office. The RTW Coordinator will forward the CDPH Form 8459 to the Chief Medical Executive/Chief Executive Officer. The RTW Coordinator does not receive the test results or discuss with the victim, as this is confidential. The treating physician (Concentra) during a follow-up appointment will disclose the results and treatment plan.
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.
- Completion Date: December 2018
- Response Date: September 2019
California State Auditor's Assessment of 1-Year Status: No Action Taken
CIM's revised policy does not address our concern that it will immediately notify the victim of any evidence that an inmate involved in a gassing attack is known to be infected with a communicable disease, as we discuss on page 15 of our audit report.
6-Month Agency Response
CIM revised its local operating procedure to include the recommendations as noted below by section:
1. INITIAL EXPOSURE (Section E) The incident commander will ensure the employee reports, without delay, to the Department's employee healthcare contract provider for a consultation and treatment options.
2. INITIAL EXPOSURE (Section E) The incident commander will assume responsibility for advising the employee of their right to request the inmate involved be tested for communicable diseases, via the California Department of Public Health (CDPH) Form 8459.
- Completion Date: December 2018
- Response Date: March 2019
California State Auditor's Assessment of 6-Month Status: Partially Implemented
Although the department's policy was revised stating that the incident commander will ensure the employee reports the gassing attack and that the employee can request for the department to test the inmate for a communicable disease, the revised policy does not address our concern that the victim will be informed of any evidence that the inmates involved in the gassing attack have a communicable disease.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
60-Day Agency Response
CIM revised its local operating procedure to include the recommendations as noted below by section:
1. INITIAL EXPOSURE (Section E) The incident commander will ensure the employee reports, without delay, to the Department's employee healthcare contract provider for a consultation and treatment options.
2. INITIAL EXPOSURE (Section E) The incident commander will assume responsibility for advising the employee of their right to request the inmate involved be tested for communicable diseases, via the California Department of Public Health (CDPH) Form 8459.
- Estimated Completion Date: 12/01/18
- Response Date: November 2018
California State Auditor's Assessment of 60-Day Status: Partially Implemented
All Recommendations in 2018-106
Agency responses received are posted verbatim.