WASPC Jail AccreditationPresentation2015 WSAC Annual County Leaders Conference and WA Counties Risk Pool

NOVEMBER 19, 2015

Local legislative body’s and Risk manager’ s Role & Responsibilities

Stay Informed

Be Proactive

Provide adequate resources for the jail

Provide Leadership

Be an advocate and a champion for the jail

Jail Liability

Federal System Title 42, Section 1983 of the Federal Civil Rights Act of

1871

Inmates do not lose their constitutional rights

Court Decisions based on the 1st, 6th, 8th, and 14th Amendments

Standard: Deliberate Indifference

Plaintiff’s attorney fees!

State System Based on state tort laws

Standard: Negligence

No attorney fees awarded

Main risk topics

Care Inmate SuicideSexual MisconductExcessive Force Jail Conditions

Key jail systems

Inmate Handbook Classification Inmate Grievance Inmate Disciplinary Inmate Medical (includes mental health)

and Dental Care Food Services Use of Force Training and Review

Conditions of Confinement

Key Conditions of Concern Health Care (medical, mental health,

dental) Inmate Safety/Failure to Protect Sanitation Shelter (heating/cooling, ventilation,

lighting) Clothing Food Exercise

Inmate Health Care

Prisoner Intake Pre-existing medical conditions Mental Health care Substance Abuse Diagnostics Treatment

Americans with Disabilities Act

Yes, the ADA does apply to jails and jail programs

General Rule: Service, program, or activity must be

one that is offered and available to all inmates, regardless of disability (no need to create a new program)

Cannot exclude from service, program or activity because of their disability (make reasonable accommodation)

Jail Standards History in WA

1980’s – Legislature created the Corrections Standards Board to administer state monies to counties to update/upgrade jail physical plants. State Jail Standards created

1987 – Corrections Standards Board was sunset and numerous sections of RCW 70.48 were eliminated, as well as 289 WAC. RCW 70.48.071 was added, requiring local jurisdictions to create their own local standards. Most just copied the state standards that were in

existence at that time

Very little if any updating since that time at a local level

Local Jail standardsRCW 70.48 – City and County Jails Act

RCW 70.48.071

Standards for operation — Adoption by units of local government.

All units of local government that own or operate adult correctional facilities shall, individually or collectively, adopt standards for the operation of those facilities no later than January 1, 1988. Cities and towns shall adopt the standards after considering guidelines established collectively by the cities and towns of the state; counties shall adopt the standards after considering guidelines established collectively by the counties of the state. These standards shall be the minimums necessary to meet federal and state constitutional requirements relating to health, safety, and welfare of inmates and staff, and specific state and federal statutory requirements, and to provide for the public's health, safety, and welfare. Local correctional facilities shall be operated in accordance with these standards.

Find out what is in place in your jurisdiction and make sure your jail is following those standards.

WASPC Takes Leadership Role

WASPC Jail Accreditation Standards

Work of 20-30 jail managers over the course of two years

Cover all aspects of key jail systems and best practices

Standards are attainable

Formally adopted by the WASPC membership in November 2013

What do the standards look like?

WASPC JAIL STANDARDS

Key chapters SECTION I—ADMINISTRATIVE STANDARDS Chapter 1—Goals and Objectives Chapter 2—Role and Authority Chapter 3—Use of Force Chapter 4—Management, Staffing, Organization, and Utilization of Personnel Chapter 5—Records Management Chapter 6—Information Technology Chapter 7—Health and Safety Chapter 8—Fiscal Management Chapter 9—Recruitment and Selection Chapter 10—Training Chapter 11—Performance Evaluation Chapter 12—Code of Conduct Chapter 13—Internal Affairs Chapter 14—Agency Facilities

Key chapters SECTION II—OPERATIONAL Chapter 15—Admission and Release Chapter 16—Inmate Management Chapter 17—Inmate Communication Chapter 18—Security and Control Chapter 19—Inmate Services Chapter 20—Inmate Health Care Chapter 21—Sanitation and Maintenance Chapter 22—Inmate Programs and Activities Chapter 23—Gender Identity Chapter 24—Americans with Disabilities Act Chapter 25—Evidence and Property Control Chapter 26—Prisoner Security Chapter 27—Emergency Response Chapter 28—Prison Rape Elimination Act

The Accreditation Process

The Accreditation process occurs in eight phases:

Interest and Contract

File Maintenance

Self-Assessment

On-Site Assessment and Evaluation

Accreditation Commission Review

Executive Board Review

Award

Re-Accreditation

Value of AccreditationAudit and Inspection process to beat inmate claims!

A jail official or sheriff …

“would not escape liability if the evidence showed that he merely refused to verify underlying facts that he strongly suspected to be true, or declined to confirm inferences of risk that he strongly suspected to exist.”

-- Farmer v. Brennen, 114 U.S.1970, 1982 (1994)

Benefits of Accreditation Include… To increase public confidence in the agency

To increase credibility

To provide a systemized agency self-assessment

To broaden perspectives

To intensify administrative and operational effectiveness

To ensure recruitment, selection, and promotion processes are fair and equitable

To strengthen understanding of agency policies and procedures by agency personnel

To improve agency morale and pride

To decrease susceptibility to litigation and costly civil court settlements

To potentially reduce liability insurance costs

To provide state and local recognition of professional competence

Using accreditation to beat inmate claimsEstablish and conduct an outside inspection program to verify compliance to those standards you evaluate during the self audit process.

WASPC Accreditation is the best robust program in Washington!

You can never have enough eyes on the operation.

Use other community resources, as well …

Fire Service

Health Department

Registered dietician

Local Hospital

Etc.

Recommended publications/resources

“Jail Resources Issues, What Every Funding Authority Needs to Know”

Sheriff Magazine, National Sheriff’s Association

American Jails, American Jail Association Corrections Managers’ Report and

Correctional Law Reporter, Civic Research Institute, www.civicreseachinstitute.com

Ned Newlin Chief, Corrections Division Kitsap County Sheriff's Office614 Division Street, MS-33 | Port Orchard, WA 98366 Email: nnewlin@co.kitsap.wa.us Desk: 360.337.7003 Cell: 360.516.3132 Web: www.kitsapsheriff.com

After January 1, 2016Washington Association of Sheriffs and Police Chiefsned@waspc.orgCell: 360.516.3132