Report 2021-109 Recommendation 15 Responses

Report 2021-109: San Diego County Sheriff's Department: It Has Failed to Adequately Prevent and Respond to the Deaths of Individuals in Its Custody (Release Date: February 2022)

Recommendation #15 To: Citizens' Law Enforcement Review Board

To ensure its investigations are independent, timely, and thorough, CLERB should, by May 2022, develop a comprehensive training manual for its investigators that outlines standard procedures for investigations. The manual should include a specific section dedicated to investigations of in-custody deaths, including guidance for evaluating the circumstances leading up to an in-custody death, such as the decedent's mental health history and the appropriateness of the decedent's housing assignment.

1-Year Agency Response

A comprehensive training manual containing the following topics has been completed:

o County structure

o CLERB historical perspective

o County Charter, Section 606

o County Administrative Code, Section 340

o CLERB Rules and Regulations

o Civil Service Commission Rule XV

o Case Law Including and impacting CLERB

o Public Safety Officer Procedural Bill of Rights (POBOR)

o Statutes Pertaining to Peace Officer Records

o San Diego County Grand Jury Reports Pertaining to CLERB

o Ralph M. Brown Act

o San Diego County Operational Plan Pertaining to CLERB

o CLERB's Internal Policies and Procedures

The training manual is being updated to include a specific section dedicated to investigations of in-custody deaths, to include an evaluation of the circumstances leading up to an in-custody death, and to include a review of the decedent's mental health history and the appropriateness of the decedent's housing assignment. It will also include evaluations of a trainee's performance and documentation as to his/her progress, or lack thereof. In addition to these critical topics, there will be documented instructions to evaluate the timeliness and thoroughness of welfare checks conducted on the decedent by deputies and assess whether deputies appropriately determined that a life-threatening emergency existed and responded accordingly. The updated training manual will be released on March 1, 2023.

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


6-Month Agency Response

A comprehensive training manual containing the following topics has been completed:

o County structure

o CLERB historical perspective

o County Charter, Section 606

o County Administrative Code, Section 340

o CLERB Rules and Regulations

o Civil Service Commission Rule XV

o Case Law Including and impacting CLERB

o Public Safety Officer Procedural Bill of Rights (POBOR)

o Statutes Pertaining to Peace Officer Records

o San Diego County Grand Jury Reports Pertaining to CLERB

o Ralph M. Brown Act

o San Diego County Operational Plan Pertaining to CLERB

o CLERB's Internal Policies and Procedures

The training manual is being finalized to include a specific section dedicated to investigations of in-custody deaths, to include an evaluation of the circumstances leading up to an in-custody death, and to include a review of the decedent's mental health history and the appropriateness of the decedent's housing assignment. It will also include evaluations of a trainee's performance and documentation as to his/her progress, or lack thereof. In addition to these critical topics, there will be documented instructions to evaluate the timeliness and thoroughness of welfare checks conducted on the decedent by deputies and assess whether deputies appropriately determined that a life-threatening emergency existed and responded accordingly. The EO will advise the CSA of the final training manual status during its one-year update.

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


60-Day Agency Response

A comprehensive training manual containing the following topics is being authored:

o County structure

o CLERB historical perspective

o County Charter, Section 606

o County Administrative Code, Section 340

o CLERB Rules and Regulations

o Civil Service Commission Rule XV

o Case Law Including and impacting CLERB

o Public Safety Officer Procedural Bill of Rights (POBOR)

o Statutes Pertaining to Peace Officer Records

o San Diego County Grand Jury Reports Pertaining to CLERB

o Ralph M. Brown Act

o San Diego County Operational Plan Pertaining to CLERB

o CLERB's Internal Policies and Procedures

o Results of CLERB's Business Process Review

The training manual will also include a specific section dedicated to investigations of in-custody deaths, to include an evaluation of the circumstances leading up to an in-custody death, and to include a review of the decedent's mental health history and the appropriateness of the decedent's housing assignment. It will also include evaluations of a trainee's performance and documentation as to his/her progress, or lack thereof. In addition to these critical topics, there will be documented instructions to evaluate the timeliness and thoroughness of welfare checks conducted on the decedent by deputies and assess whether deputies appropriately determined that a life-threatening emergency existed and responded accordingly. The EO will advise the CSA of the training manual status during its six-month update.

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


All Recommendations in 2021-109

Agency responses received are posted verbatim.