Report 2012-107 Recommendation 3 Responses

Report 2012-107: Developmental Centers: Poor-Quality Investigations, Outdated Policies, Leadership and Staffing Problems, and Untimely Licensing Reviews Put Residents at Risk (Release Date: July 2013)

Recommendation #3 To: Developmental Services, Department of

To ensure adequate guidance to OPS personnel, once the department has amended OPS's policies and procedures to reflect the recommendations we have included here, the department and OPS should place a high priority on completing and implementing its planned updates to the OPS policy and procedure manual.

Annual Follow-Up Agency Response From October 2016

The Department's Office of Protective Services (OPS) completed updating the OPS policy manual using the Lexipol System. All OPS employees have received initial training as well as ongoing Daily Training Bulletins to stay abreast of OPS policies. OPS has also completed its Procedures Manual which was released on June 30, 2016. This recommendation is fully implemented.

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

We confirmed that OPS' updated policy and procedures manual addresses the concerns we identified in our report. For instance, it includes a policy for district attorney referrals, investigative procedures that clearly define which OPS personnel are responsible for ordering a medical exam for an alleged victim of sexual assault, and a policy for officers to report attempts to bridge communication difficulties with developmental center residents.

Annual Follow-Up Agency Response From September 2015

Office of Protective Services (OPS) has completed updating the OPS policy manual using the Lexipol System. The policies have been reviewed and approved by Executive Management and shared with the affected bargaining units. OPS staff is receiving ongoing training on the new policies. OPS is now developing its new procedures manual and identifying policies which require procedures for full implementation.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Annual Follow-Up Agency Response From October 2014

OPS staff has completed training from Lexipol to use the Knowledge Management System platform. Staff is in the process of updating the OPS policy manual using the System. Once updated, the policies will be reviewed and approved by Executive Management, a meet and confer will be held with affected bargaining units, and OPS staff will be trained on the new policies.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

1-Year Agency Response

On April 28, 2014, OPS entered into a contract with Lexipol, LLC, for a subscription to Lexipol's Law Enforcement Policy Manual and Daily Training Bulletins. Lexipol is a nationally-recognized provider of law enforcement and risk management policies. OPS staff is currently receiving training from Lexipol to use the web-based Lexipol Knowledge Management System Platform. Once trained, OPS staff will use the System to update the OPS Policy Manual.

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

6-Month Agency Response

DDS is implementing this recommendation. OPS developed a draft policy manual in mid-July 2013 utilizing OPS personnel and external law enforcement consultants. Prior to its release, the Department entered into a two-year Interagency Agreement for a Chief from the California Highway Patrol (CHP) to lead OPS. The new OPS Chief has reviewed the draft manual, consisting of 50 policies, and has consulted with legal experts specializing in law enforcement.

At the recommendation of the new OPS Chief and legal experts, DDS is currently in the process of establishing a contract with a nationally-recognized provider of law enforcement and risk management policies. When the contract is completed, the contractor will provide OPS with: 1) A policy manual that is consistent with federal, state, and local laws, and reflect up-to-date, applicable industry standards and best practices. A schedule will be developed for a phased rollout of the policies as they are completed; 2) Daily scenario-based training material for OPS staff that reinforces approved policies and procedures; and 3) Regular updates to OPS policies as statutes, case law, and regulations change.

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

60-Day Agency Response

DDS is implementing this recommendation. OPS developed a draft policy manual in mid-July 2013 utilizing OPS personnel and external law enforcement consultants. Prior to its release, the Department entered into a two-year Interagency Agreement for a CHP Chief to lead OPS. The new OPS Chief has reviewed the draft manual, consisting of 50 policies, and is consulting with legal experts specializing in law enforcement to ensure it is consistent with current law enforcement best practices; federal, state, and local laws; and court decisions that affect law enforcement operations and investigations.

The rollout of OPS policies will occur in phases based upon prioritization of policies, with training catered to meet the needs of personnel. These policies will be routinely updated, utilizing the contract with law enforcement legal experts, as changes in laws and best practices occur.

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

All Recommendations in 2012-107

Agency responses received are posted verbatim.