Federal judge approves jail improvements

Consent decree issued after Smartsville man died while in Yuba County custody

Two years after a Smartsville man died in Yuba County Jail, an amended consent decree with specific conditions for improving jail conditions was issued.

A federal judge on Wednesday approved the amended consent decree to improve conditions and services in the Yuba County Jail.

Last August, Yuba County and attorneys representing jail inmates reached the agreement– which comes in the form of an amended consent decree stemming from a 1976 lawsuit and an original decree that came three years later, according to a joint press release. Before it could go into effect, though, the federal court had to approve it, according to Appeal-democrat archives. It will terminate in four years if nothing has changed (though it can be extended if the plaintiffs believe the county is not in compliance).

The changes in policy fall under the areas of mental health care, medical care, exercise and the use of safety cells, Gay Grunfield, attorney for the jail inmates, said Thursday.

“We’ve worked cooperatively with the county over the last couple years. We’re hopeful that they will continue to cooperate to make necessary changes to bring their jail into compliance in all respects,” she said.

Grunfield pointed out that Tuesday marked two years since the death of Bertram Hiscock, who died in Yuba County Jail after choking on his own feces. Hiscock had been incarcerated for more than two months despite the court determining he was mentally incompetent to stand trial and needed to be sent to a state mental institution, according to Appeal-democrat archives. Grunfield said she hopes the decree will better protect those in need of mental health or medical help and prevent future tragedy.

A third-party provider will be monitoring the county’s progress through a review of documents, interviews and tours, Grunfield said. If the county is not meeting requirements, attorneys will urge compliance and will have the right to take the issue back to court. The county is required to find its own funding necessary for the changes.

Following the agreement in August, Yuba County made clear it does not agree that the conditions of the jail fall below legal requirements, but recognized it was in the best interest of both parties to reach an agreement. Other than a request that the county cover attorney’s fees, there is no other monetary settlement tied to the litigation.

In response to a request for comment Thursday, Yuba County Sheriff’s spokeswoman Leslie Carbah pointed to the August joint press release with inmate attorneys, which said, in part: “During the discussions, the parties worked cooperatively in identifying issues and coming up with solutions in order to better serve the needs of inmates … The County has also agreed to update its policies and practices relating to the Americans with Disabilities Act in order to improve access to Jail programs, activities, and services for prisoners with disabilities, and to provide other forms of assistance necessary to ensure equal access for prisoners with disabilities.”

Some of the specific changes that will be made in the jail, as provided by Rosen Bien Galvan & Grunfeld, include:

Twenty-four hour limitation of safety cell placement.

Creation of step-down cells for suicidal prisoners.

Formalized procedures for seeking inpatient mental health care for prisoners.

Improved procedures for ensuring continuity of community-prescribed medications.

Improved detoxification procedures.

Strict timelines for prompt evaluation of potentially suicidal prisoners.

Comprehensive policy regarding the use of tele-psychiatry to ensure the safety of prisoners.

All prisoners are interviewed by medical staff, rather than custody staff, during the admissions process into the jail.

Licensed psychiatric staff on-site seven days per week and otherwise improved mental health care – licensed staff only and no more “crisis counselors.”

Formalized exercise schedule to ensure all prisoners receive five hours of outdoor exercise per week, and prisoners in segregated housing receive seven hours of outdoor exercise per week.

New requirements for effective communications with prisoners with hearing, vision, speech, developmental, or learning disabilities and prisoners with Limited English Proficiency, including the provision, when necessary, of sign language interpreters.

Four-year plan for remediating physical barriers to access, including the creation of wheelchair-accessible housing.

Creation of system to track prisoners with disabilities and the accommodations they require.

Elimination of Jail policies that previously resulted in the removal of assistive devices, such as canes

Elimination of suicide hazards.

Suicide risk assessment for prisoners placed in segregated housing.

Daily psych rounding in segregated housing.

Maximization of outof-cell time for all prisoners in segregated housing with a minimum of onehour-per-day of cell time.

Improved programming and recreation including the opening a second yard with lights and better equipment.