Report 2018-106 Recommendation 22 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 #22 To: Corrections and Rehabilitation, Department of

To ensure that it is able to identify high-risk situations and deter repeat offenders, CIM should specifically track all gassing attacks and use the tracking data as a tool to prevent future gassing attacks.

Annual Follow-Up Agency Response From November 2020

The Investigative Services Unit tracks all Battery on a Peace Officer Incidents to include all Aggravated Battery (gassing) incidents.

The work group created to provide direction to the field with a focus on brining CDCR's policy in line with AB 294 was disbanded as the Bill was vetoed by Governor Newsom in October 2019.

Proof of practice documentation submitted via email.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

CIM revised its local operating procedure to require tracking of gassing attacks and provided an example of its Battery on a Peace Officer tracking log.


Annual Follow-Up Agency Response From November 2019

Please refer to our one-year response.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

CIM revised its local operating procedure to require tracking of gassing attacks and provided an example of its Battery on a Peace Officer tracking log. However, CIM's response confirms that it has not finalized this requirement and established a work group to ensure that its revised policies comply with state laws, which will ultimately satisfy the recommendation.


1-Year Agency Response

The Investigative Services Unit (ISU) is responsible for tracking all Battery on a Peace Officer Incidents to include all Aggravated Battery (gassing) incidents. Attachment G- ISU Tracking Log.

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: Partially Implemented

CIM revised its local operating procedure to require tracking of gassing attacks and provided an example of its Battery on a Peace Officer tracking log. However, CIM's response confirms that it has not finalized this requirement and established a work group to ensure policies revise comply with state laws, which will ultimately satisfy the recommendation.


6-Month Agency Response

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

1. AGGRAVATED BATTERY INCIDENT TRACKING (Section H). The Investigative Services Unit (ISU) shall track all aggravated battery incidents (gassing) on the ISU Weekly Incident Register and the DA Referral Log. Quarterly at the SARC, the ISU tracking log will be reviewed for any patterns that may assist in preventing future gassing batteries.

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

Although CIM revised its local operating procedure to require tracking of gassing attacks, we have not yet seen evidence of CIM's tracking or use of this data. In its one-year response, we expect CIM to provide documentation showing that it is collecting and using this data as outlined in its revised procedure.


60-Day Agency Response

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

1. AGGRAVATED BATTERY INCIDENT TRACKING (Section H). The Investigative Services Unit (ISU) shall track all aggravated battery incidents (gassing) on the ISU Weekly Incident Register and the DA Referral Log. Quarterly at the SARC, the ISU tracking log will be reviewed for any patterns that may assist in preventing future gassing batteries.

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


All Recommendations in 2018-106

Agency responses received are posted verbatim.