Report 2018-106 Recommendation 11 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 #11 To: Corrections and Rehabilitation, Department of

To ensure that it properly investigates gassing attacks and refers cases for prosecution, CIM should implement procedures to ensure that it collects sufficient physical evidence and submits the gassing substance for laboratory testing, as state law requires.

6-Month Agency Response

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

1.COLLECTION OF EVIDENCE (Section G). Every effort shall be made to collect any and all physical evidence for processing and preservation for possible prosecution, and such evidence shall be collected within Departmental policies and procedures, and per the San Bernardino District Attorney's office local Memorandum of Understanding.

2.COLLECTION OF EVIDENCE (Section G)Evidence collection and laboratory testing shall be collected and submitted timely, per the San Bernardino District Attorney's office local Memorandum of Understanding and California Penal Code 801.

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

60-Day Agency Response

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

1. COLLECTION OF EVIDENCE (Section G). Every effort shall be made to collect any and all physical evidence for processing and preservation for possible prosecution, and such evidence shall be collected within Departmental policies and procedures, and per the San Bernardino District Attorney's office local Memorandum of Understanding.

2. COLLECTION OF EVIDENCE (Section G) Evidence collection and laboratory testing shall be collected and submitted timely, per the San Bernardino District Attorney's office local Memorandum of Understanding and California Penal Code 801.

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

All Recommendations in 2018-106

Agency responses received are posted verbatim.