Case 2:15-cv-05903 Document 4-1 Filed 08/05/15 Page 1 of 58 Page ID #:25 1 LORETTA E. LYNCH Attorney General 2 MARl( J. KAPPELHOFF Deputy Assistant Attorney General 3 Civil Rjghts Division JUDITH C. PRESTON 4 Acting Chief, S12ecial Litigation Section LAURA L. COON, SJ>ecial Counsel, Special Litigation Section 5 LUIS E. SAUCEDO, Counselor to the Chief, Special Litigation Section CATHLEEN S. TRAINOR 6 Trial Attorneys U.S. Department ofJustice 7 Civil Rights Division, Special Litigation Section 950 Pennsylvania Avenue, N.W., PHB 5026 8 Washington, D.C. 20530 · 9 TeleP,hone: (202) 514-6255 Email: laura.coon@usdoj .gov; cathleen.trainor@usdoj .gov 1 O EILEEN M. DECKER 11 United States Attorney_ LEON W. WEIDMAN 12 Assistant United States Attorney Chief Civil Division 13 ROBYN-MARIE LYON MONTELEONE (State Bar No. 130005) Assistant United States Attorney 14 Assistant Division Chief+-.Civil Rights Unit Chief, Civil Division JOANNA HULL (State oar No. 227153) 15 Assistant United States Attorney 300 North Los AI!gele.s Street!. Suite 7516 16 Los Angeles, California 9001.: . Telephone: (213) 894-2458/6585; Facsimile: (213) 894-7819 17 E-mail: [email protected]; [email protected] 18 Attorneys for Plaintiff . 19 UNITED STATES OF AMERICA 20 21 MARY C. WICKHAM Interim County Counsel 22 RODRIGO A. CASTRO-SILVA (SBN 185251) Senior Assistant Coun.ty Counsel 23 BRANDON NICHOLS (SBN 187188) Assistant Countjl Counsel . 24 KAREN JOYNT (SBN 206332) Deputy County Counsel 25 648 Ke1meth Hahn Hall of Administration 500 West Temple Street 26 Los Angeles California 90012 Tel: (213) 974-1811 Fax: (213) 626-7446 27 Email: [email protected] [email protected] 28 [email protected] 1 Case 2:15-cv-05903 Document 4-1 Filed 08/05/15 Page 2 of 58 Page ID #:26 1 Attome_ys for Defendants COUNTY OF LOS ANGELES and LOS ANGELES 2 COUNTY SHERIFF JIM MCDONNELL, in his Official Capacity 3 4 UNITED STATES DISTRICT COURT 5 FOR THE CENTRAL DISTRICT OF CALIFORNIA 6 WESTERN DIVISION 7 8 CV No. 15- 5903 9 UNITED STATES OF AMERICA, Plaintiff, JOINT SETTLEMENT 10 AGREEMENT REGARDING THE 11 v. LOS ANGELES COUNTY JAILS; AND STIPULATED [PROPOSED] 12 COUNTY OF LOS ANGELES AND ORDER OF RESOLDTION · LOS ANGELES COUNTY SHERIFF 13 JIM MCDONNELL, in his Official Capacity, . 14 Defendants. 15 16 17 1. The United States ofAmerica, acting through the United States 18 19 Department ofJustice ("United States"), the County ofLos Angeles ("County") 20 and Sheriff Jim McDonnell, in his official capacity ("Sheriff'), (collectively, the 21 "Parties") share a inutual·interest in treating all members ofthe community with 22 respect, promoting safe and effective custodial care, protecting public safety, and 1 23 upholding the constitutional rights ofprisoners. 24 2. The Los Angeles County Jails ("Jails") are an integral part ofthe 25 public safety system in Los Angeles County, California. Together, the Jails form 26 27 "Prisoners" is a defined term in Section III ofthis Agreement and includes pre-trial detainees and individuals convicted of a criminal offense. 28 2 Case 2:15-cv-05903 Document 4-1 Filed 08/05/15 Page 3 of 58 Page ID #:27 1 the largest jail system in the nation and house among the highest populations of 2 prisoners with mental illness. Maintaining these facilities is an immensely 3 complex enterprise-- approximately 15,500 to 19,500 prisoners are held in custody 4 daily, spread across multiple custody facilities, numerous patrol stations, and over 5 29 courthouses. These facilities' primary function is to incarcerate individuals 6 accused or convicted of committing a crime. In doing so, these facilities provide 7 food, shelter, and clothing, but must also address the serious medical and mental 8 health needs ofthe prisoners and ensure their reasonable safety. 9 3. The United States acknowledges that the County and the Sheriff have 10 demonstrated a renewed commitment to refonning the Jails and have begun to 11 implement improved policies and practices designed to enhance the treatment and 12 care ofprisoners with mental illness. The County and the Sheriff are also 13 exploring strategies to safely divert individuals with mental illness from the 14 criminal justice system, whenever possible. The United States further 15 aclmowledges that the number of suicides at the Jails decreased in 2014 from the 16 previous year. In.addition, the County and the Sheriffhave made significant 17 commitments to protect prisoners from abuse and excessive force by staff that 18 further the Parties' mutual interest. Finally, the United States acknowledges that 19 some ofthe needed changes the County and the Sheriff seek to implement through 20 this Agreement will require the allocation of additional resources to the Sheriffs 21 Department and the Los Angeles County Department ofMental Health ("DMH"). 22 4. Accordingly, this Joint Settlement Agreement Regarding the Los 23 Angeles County Jails ("Agreement") is intended to build upon measures that are 24 underway and to sustain systemic improvements that are designed to protect 25 prisoners from conditions in custody that place them at unreasonable risk ofharm 26 from suicide, self-injurious behavior, or unlawful injury by others, in accordance 27 with their constitutional rights. This Agreement also is expected to have collateral 28 benefits that promote public safety, improve confidence in the County's criminal 3 Case 2:15-cv-05903 Document 4-1 Filed 08/05/15 Page 4 of 58 Page ID #:28 1 justice system, and support the County's and the Sheriffs collaborative efforts to 2 expand comprehensive and effective mental health diversion and re-entry programs 3 that are designed to lead to more positive outcomes in the care and custody of 4 individuals with serious mental illness who are also participants in the criminal 5 justice system. 6 II. BACKGROUND 7 5. The County owns and funds the operations of the Jails. The Sheriffs 8 Department is responsible for providing care, custody, and control ofprisoners at 9 the Jails. The Sheriffs Department Medical Services Bureau provides medical 10 care within theJails. DMH is responsible for providing mental health care in the 11 Jails through its Jail Mental Health Services program. 12 6. The Sheriffis an elected official who is responsible for operating and 13 exercising authority over the Jails. 14 7. In June 1996, the Department ofJustice notified the County and 15 Sheriffthat it was opening an investigation under the Civil Rights of 16 Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, to determine whether 17 the conditions in the Jails violate the constitutional rights ofits prisoners. 18 8. In September 1997, the Department of Justice issued a findings Jetter 19 alleging that mental health care at the Jails violated prisoners' constitutional rights. 20 The letter further alleged that systemic deficiencies contributed to the violations, 21 including inadequate: (1) intake screening and evaluation; (2) diagnosis; (3) 22 referral to mental health professionals; ( 4) treatment plans; (5) administration of 23 medications; (6) suicide prevention; (7) tracking and medical record keeping; 24 (8) staffing; (9) communication; and (10) quality assurance. 25 9. In December 2002, following extensive negotiations and additional 26 site visits, the Parties entered into a Memorandum ofAgreement (MOA) that 27 outlined a series of reforms to ensure that adequate and reasonable mental health 28 4 Case 2:15-cv-05903 Document 4-1 Filed 08/05/15 Page 5 of 58 Page ID #:29 1 care services are provided at the Jails. The MOA also included measures to protect 2 prisoners with mental illness from abuse and mistreatment. 3 10. Under the MOA, the County and the Sheriff have made significant 4 improvements to the delivery of mental health care at the Jails, including 5 implementing electronic medical records, increasing mental health staffing, and 6 developing roving evaluation teams composed of mental health professionals and 7 specially-trained custody staff. Despite considerable progress, the United States 8 alleges that systemic deficiencies remain related to suicide prevention and mental 9 health care that violate prisoners' constitutional rights. The Department ofJustice 10 notified the County and the Sheriff ofthese allegations in a letter dated June 4, 11 2014, following on-site evaluations with expert consultants. 12 11. In September 2013, the Department ofJustice opened a separate 13 investigation of the Jails under CRIPA and 42 U.S.C. § 14141 ("Section 14141") 14 to address allegations ofuse ofexcessive force against all prisoners at the Jails, not 15 just prisoners with ment11l illness. During the course of the investigation, the 16 County and the Sheriff entered into a comprehensive settlement agreement to 17 resolve Rosas v. McDonnell, Case No. CV 12-0428-DDP (C.D. Ca. filed on Jan. 18 18, 2012) (hereinafter "Rosas"), a class action lawsuit alleging abuse and excessive 19 force by staff at certain Jails located in downtown Los Angeles. As part ofthe 20 Rosas settlement agreement, the County and the Sheriff have agreed to implement 21 significant measures to protect prisoners from excessive force by staff, including 22 improvements in policies, training, incident tracking and reporting, investigations, 23 resolution of prisoner grievances, prisoner and staff supervision, and 24 accountability. 25 12. This Agreement addresses remaining allegations concerning suicide 26 prevention and mental health care at the Jails resulting from the partial 27 implementation of the 2002 MOA and current conditions within the Jails. This 28 Agreement also extends the remedial measures in the Implementation Plan ofthe 5 Case 2:15-cv-05903 Document 4-1 Filed 08/05/15 Page 6 of 58 Page ID #:30 1 Rosas settlement agreement to fully resolve the Department of Justice's CRIPA 2 findings regarding alleged mistreatment ofprisoners with mental illness and claims 3 under Section 14141 regarding alleged excessive force against prisoners at all of 4 the Jails. 5 13. As indicated in Section VII ofthis Agreement, the Parties consent to a 6 finding that this Agreement complies in all respects with the provisions ofthe 7 Prison Litigation Reform Act, 18 U.S.C. § 3626(a). 8 14. Except to enforce, modify, or terminate this Agreement, this_ 9 Agreement, and any findings made to effectuate this Agreement, will not be 10 admissible against either the County or the Sheriff in any court for any purpose. 11 Moreover, this Agreement is not an admission of any liability on the part ofthe 12 County or the Sheriff, and/or either ofits employees, agents, and former employees 13 and agents, or any other persons, and will not constitute evidence of any pattern or 14 practice of wrongdoing. 15 III. DEFINITIONS 16 15. The following definitions will apply to terms in this Agreement: 17 · (a) "Sheriffs Department" refers to the Los Angeles County Sheriff's 18 Department, which is responsible for all custody, corrections, and 19 security functions within the Los Angeles County Jails system, 20 including the provision ofmedical care to prisoners through the 21 Sheriffs Department Medical Services Bureau. 22 (b) "Jails" refers to the Los Angeles County Jails system, and shall 23 include Men's Central Jail ("MCJ"), Twin Towers Correctional 24 Facility ("TTCF"), Inmate Reception Center ("IRC"), Century 25 Regional Detention Facility ("CRDF"), North County Correctional 26 Facility (''NCCF"), Pitchess Detention Center ("PDC"), and other 27 facilities in which prisoners are detained or held in custody by the 28 County and the Sheriff, including lockup facilities and courthouse 6 Case 2:15-cv-05903 Document 4-1 Filed 08/05/15 Page 7 of 58 Page ID #:31 1 holding areas as well as any visiting area in the facility, and any 2 facility that is built, leased, or otherwise used, to replace or 3 supplement the current Jails or any part of the Jails. 4 (c) ~'United States'; or "DOJ" refers to the United States Department of 5 Justice, specifically the Special Litigation Section of the Civil Rights 6 Division and the United States Attorney's Office for the Central 7 District of California, which represent the United States in this matter. 8 (d) "The County" refers to the County of Los Angeles, the Los Angeles 9 County Sheriffs Department, the Los Angeles County Department of 10 Mental Health, and the agents and erp.ployees of the Sheriffs 11 Department and the Department ofMental Health. The Department 12 ofMental Health ("DMH") includes any successor County departmen 13 that assumes the duties and responsibilities ofDMH. 14 (e) "Sheriff' refers to the Los Angeles County Sheriff, currently Jim 15 McDonnell, an independently-elected constitutional officer, in his 16 official capacity, and any predecessors or successors in office, 17 including any designated acting or interim Sheriff. 18 (f) "Custody staff' means sworn deputy sheriffs and custody assistants. 19 (g) "Days" are measured in calendar days; weekend days and County 20 holidays are included. 21 (h) "Normal business work days" means all days except for weekend days 22 and County holidays. 23 (i) "Describe" means provide a clear and detailed description of 24 something done, experienced, seen, or heard. 25 "Document" when used in this Agreement as a verb means 26 completing a record ofinformation either in hard copy or in electronic 27 format. 28 7 Case 2:15-cv-05903 Document 4-1 Filed 08/05/15 Page 8 of 58 Page ID #:32 I (k) "Effective Date" means the date the Court enters the signed 2 Agreement as an order of the Court, or July 1, 2015, whichever is 3 earlier. 4 (1) "Emergency maintenance needs" means a need that ifleft unattended 5 could result in imminent danger to the life, safety, or health of 6 prisoners. 7 (m) An "emergent" or "urgent" mental health need, as used in this 8 Agreement, is one which the Arrestee Medical Screening Form {SH­ 9 R-422) or its equivalent and/or the Medical/Mental Health Screening 10 Questionnaire indicate that immediate action is required to preserve 11 life, prevent serious bodily harm, or relieve significant suffering. 12 (n) "Good cause" means fair and honest reasons, regulated by good faith 13 on the part of either party, that are not arbitrary, capricious, trivial, or 14 pretextual. 15 (o) "Implement" or "implementation" means putting a remedial measure 16 into effect, including informing, instructing, or training impacted 17 personnel as required by this Agreement, and ensuring that policies or· 18 procedures are in fact followed. 19 (p) "Include," "includes," or "including" means "include, but not be 20 limited to" or "including, but not limited to." 21 (q) "Jail Reception Centers" mean all Sheriffs Department processing 22 facilities that handle incoming bookings and arrests and that are 23 responsible for medical and mental health screenings and 24 classification, including the Inmate Reception Center and the Century 25 Regional Detention Facility. This does not include Sheriff's 26 Department station jails. 27 28 8 Case 2:15-cv-05903 Document 4-1 Filed 08/05/15 Page 9 of 58 Page ID #:33 1 (r) "Mental Health Housing" refers to prisoner housing areas in the Jails 2 that include only the Forensic In-Patient (PIP), High Observation 3 Housing (HOH), and Moderate Observation Housing (MOH) areas. 4 (i) "Correctional Treatment Center" or "CTC" refers to the 5 licensed health facility with a specified number of beds within 6 the Jails designated to provide health care to that portion ofthe 7 prisoner population that does not require a general acute care 8 level ofservices, but which is in need ofprofessionally 9 supervised health care beyond that normally provided in the 10 community on an outpatient basis. 11 (ii) "Forensic In-Patient" or "PIP" can be used interchangeably 12 with Mental Health Unit ofthe Correctional Treatment Center 13 (MHU CTC). The PIP is located in the CTC and houses 14 prisoners who present an acute danger to self or others or are 15 gravely disabled due to a mental illness and require inpatient 16 care. 17 (iii) "High Observation Housing" or "HOH" refers to designated 18 areas for prisoners with mental illness who require an intensive 19 level ofobservation and care and/or safety precautions. 20 (iv) "Moderate Observation Housing" or "MOH'' refers to 21 designated areas for prisoners with a broad range ofmental 22 health diagnoses and functioning whose mental health needs 23 can be cared for in a less intensive and more open setting than 24 the HOH areas, but preclude general population housing. 25 (s) "Monitor" or "Independent.Monitor" means the individual selected by 26 the Parties whose duties, responsibilities, and authority are set forth in 27 SectionVI ofthis Agreement. 28 9 Case 2:15-cv-05903 Document 4-1 Filed 08/05/15 Page 10 of 58 Page ID #:34 1 (t) "Subject Matter Experts" or "SMEs" means the individuals selected 2 by the Parties whose duties, responsibilities, and authority are set fort 3 in Section VI of this Agreement. 4 (u) "Prisoners" or "Prisoner" is construed broadly to refer to one or more 5 individuals detained at, or otherwise housed, held, in the custody of, 6 or confined at the Jails based on arrests, detainers, criminal charges, 7 civil contempt charges, or convictions. 8 (v) "Psychotropic medication" means any substance used to treat mental 9 health problems or mental illness and is capable of modifying mental 10 activity or behavior. 11 (w) "Qualified Medical Staff' refers to physicians, physician assistants, 12 ·nurse practitioners, registered nurses, certified nursing assistants, and 13 licensed vocational nurses, each ofwhom is permitted by law to 14 evaluate and care for the medical needs ofpatients. 15 (x) "Qualified Mental Health Professional" or "QMHP" refers to 16 psychiatrists, psychologists, psychiatric social workers, psychiatric 17 nurses, and others who by virtue ortheir education, credentials, and 18 experience are permitted by law to evaluate and care for the mental 19 health needs ofpatients. 20 (y) "Clinical Restraints" is any device that limits a person's ability to 21 move freely and has been ordered or approved by a licensed 22 psychiatrist for the purpose ofmanaging behavior that appears to be 23 symptomatic of a mental illness. 24 (z) "Security Restraints" is any device that limits a person's ability to 25 move freely and has not been ordered by a licensed psychiatrist or 26 Qualified Medical Staff. 27 (aa) "Serious mental illness" includes psychotic disorders, major mood 28 disorders (including major depression and bipolar disorders), and any 10