Report 2018-106 Recommendation 8 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 #8 To: Alameda County Sheriff's Office

To ensure the health and safety of its employees and hold its supervisors accountable, Santa Rita should revise its policies and procedures to require documentation that its supervisors are notifying victims of gassing attacks in a timely manner of their right to request that the inmates involved be tested for communicable diseases.

1-Year Agency Response

The Detention and Corrections Policy and Procedure (P&P) 3.15, "Infectious Disease Control" was approved and distributed for review.

This policy is fully implemented and includes all previous referenced recommendations for supervisors to notify victims of gassing attacks in a timely manner of their right to request the inmate(s) involved by tested for communicable diseases.

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

6-Month Agency Response

This policy is currently under annual review and will be implemented upon approval.

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

60-Day Agency Response

The Detention and Corrections P&P 3.15 currently states, "Personnel will be informed of the benefit of an acute HIV antibody test to establish current HIV antibody status, and will also be informed that subsequent disability claims may depend upon this test." This policy was expanded and language drafted to further explain that staff have the right to request an HIV antibodies or infectious disease test of an inmate or detainee pursuant to 7510 PC and General Order (GO) 3.06 "Exposure to Blood and Other Bodily Fluids." The supervisor is to assist the employee in completing the required State of California form, "Report of Potential HIV Exposure to Law Enforcement Employees, (Attachment 2, GO 3.06)." The supervisor is also responsible for contacting the source to request voluntary submission for testing and have the source sign the "Alameda County Authorization for Disclosure of the Results of a Blood Test to Detect Antibodies to the Human Immunodeficiency Virus (HIV)," Attachment 3, GO 3.06.

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

The Alameda County Sheriff's Office revised its policies and procedure (P&P) Number 3.15 to require that supervisors notify the victims of gassing attacks of their right to request that the inmates involved be tested for communicable diseases. However, the revised P&P 3.15 does not accurately reflect the requirements in the California Penal Code.

- First, P&P 3.15 Section C(1) states in part that "Employees can request an HIV antibodies or infectious disease test of an inmate or detainee pursuant to Penal Code 7522(a). However, it is Penal Code section 7510(a) that provides the law enforcement employee the right to request that the inmate who attacked them be tested.

- Further, P&P 3.15 Section C(1) appears to limit the testing to "an HIV antibodies or infectious disease test." However, Penal Code section 7510(a) states that the law enforcement employee may request a test for HIV, Hepatitis B, or Hepatitis C.

All Recommendations in 2018-106

Agency responses received are posted verbatim.