Common use of COMMISSARY Clause in Contracts

COMMISSARY. The Expert notes the OCSD Action Plan for this provision: “OCSD has added a second face-to-face Rancho ▇▇▇▇▇▇▇▇ Community College (Rancho) program to the PRIDE mod – Leadership I and II (2 separate classes that result in a certificate upon completion of both). This program will begin the week of January 16, 2024, and will take place Friday afternoons and evenings. OCSD will be continuing the Workforce Readiness program through Rancho in the PRIDE mod as well.” “In an effort to provide additional LGBTQI-specific programs to the population (non- PRIDE), OCSD established a new partnership with Shanti OC which is an organization that provides a number of services including Mental Health and Wellness, HIV Care, and Community Education to the LGBTQI community. They are now coming in to provide weekly classes to the PC2 and PC3 groups in Mod I, Sectors 1 and 2. These groups run on 6-week increments and occur on Friday mornings and afternoons. APAIT and AA groups are also still being offered to Sectors 1 and 2 as well.” “Inmate Programs staff are currently working with the OC Public Library to procure additional LGBTQI-specific books/reading materials that will be accessible to all LGBTQI incarcerated persons.” “OCSD will discuss internally the Expert’s recommendations about Green Sector.” The Expert also notes OCSD’s previous Action Plan language (in response to the Expert’s previous monitoring report (Third Round LGBTQI Report) "We have developed an interview questionnaire for an orientation by our LGBTQI coordinator; the questionnaire is being reviewed by DRC. After we have their comments, we will share with Sabot." The Expert (in previous reports – Expert’s Second and Third Round Reports) provided information pertaining to CCOM Sections 1600, 1710, 2002, and 6206 regarding policy information, and addressed the OCSD Custody Operations Orientation Pamphlet/booklet (and Orientation video), Orange County community provider information available to in-custody LGBTQI incarcerated persons, and the list of available resources for LGBTQI individuals. For the current monitoring period, OCSD produced approximately 205 examples of completed LGBTQI+ Interview Worksheets (orientation). Note: there were additional examples provided that showed an attempt by the LGBTQI Coordinator, or the individuals had since been released from custody. About 158 of the approximate 205 forms were from TL Mod I. Specifically, about 100 from Sector 1, 53 from Sector 2, and 5 from Sector 3 (PRIDE unit). It is unclear why there were so few from the PRIDE Program (although all individuals interviewed from the PRIDE Program acknowledged receiving program orientation). However, the County indicated that the LGBTQI Coordinator advised that many incarcerated persons refuse to do the interview. There were approximately 37 completed forms from TL Mod J, and about 10 from TL Mod

COMMISSARY. The Expert notes In the most recent OCSD Action Plan for this provision: , the County reported, “OCSD has added a second face-to-face Rancho ▇▇▇▇▇▇▇▇ Community College (Rancho) program submitted its draft LGBTQI Policy to the PRIDE mod – Leadership I and II (2 separate classes that result in a certificate upon completion of both)DRC team for review. This program will begin After any input from the week of January 16DRC team has been addressed, 2024, and will take place Friday afternoons and evenings. OCSD the Policy will be continuing the Workforce Readiness program through Rancho in the PRIDE mod as wellshared with Sabot for any input.” “OCSD will provide the other requested information. OCSD has implemented weekly Green Sector access for PRIDE program participants. The books have been received from the OC Public Library and the book list has been updated. OCSD has requested that the tablet vendor create a folder on the tablet for LGBTQI resource information, the LGBTQI book list and the LGBTQI Coordinator contact information.” Refer to Section IV.A.A for additional updated information as to status of the draft LGBTQI Policy. In an effort to provide additional LGBTQI-specific programs to the population (non- PRIDE), OCSD established continues to maintain a new partnership with Shanti OC which is an organization that provides a number of services including Mental Health and Wellness, HIV Care, and Community Education to the LGBTQI community. They are now coming in to provide weekly classes to the PC2 and PC3 groups in Mod I, Sectors 1 and 2. These groups run on 6-week increments and occur on Friday mornings and afternoons. APAIT and AA groups are also still being continue to be offered to Sectors 1 and 2 as well.” “. Inmate Services staff acknowledged that there currently is not any availability for APAIT or Shanti OC at the CJX Complex. Reportedly OCSD is working toward having such programming available at CJX (including the Men’s Jail). The Inmate Programs staff are currently working unit has worked collaboratively with the OC Public Library to procure additional LGBTQI-specific books/reading materials that will be accessible to all LGBTQI incarcerated persons.. As identified earlier in the report, there are now over 450 approved LGBTQI-related books from many different authors. Most LGBTQI individuals interviewed are aware of the books and the process to request/order through the LGBTQI Coordinator. However, there were numerous individuals at the CJX Complex as well from housing units at TLF other than Mod I (i.e., Mod O and Mod J). OCSD now provides access to outdoor “Green Sector” “every Friday for PRIDE Program participants. OCSD will discuss internally meets the minimum Title 15 and OCSD yard requirements utilizing both the Green Sector yard and concrete yard. OCSD (LGBTQI Coordinator and/or Case Manager) now use an Orientation interview questionnaire to conduct Orientation at TLF Mod I Sectors 1-3. There were some inconsistencies reported amongst the LGBTQI incarcerated persons housed at TLF on other units, such as Mod J and Mod Q. The form is not used at the CJX Complex. LGBTQI incarcerated persons have access to the LGBTQIA+ community resource guide/pamphlet (including on the electronic tablet). However, for individuals that do not receive Orientation or have contact with the LGBTQI Coordinator or Case Manager, particularly some persons housed at the CJX Complex or at TLF Mod J or Mod Q, they have reported (during the Expert’s recommendations about Green Sector.” The Expert also notes OCSD’s previous Action Plan language (in response to interviews) that they were not aware of the Expert’s previous monitoring report (Third Round resource guide. Some of the individuals were not aware there is an LGBTQI Report) "We have developed an interview questionnaire for an orientation by our Coordinator, LGBTQI, LGBTQI coordinator; books, and/or LGBTQI Coordinator or Case Manager contact information contained within the questionnaire is being reviewed by DRC. After we have their comments, we will share with Sabot." The Expert (in previous reports – Expert’s Second and Third Round Reports) provided information pertaining to CCOM Sections 1600, 1710, 2002, and 6206 regarding policy information, and addressed the OCSD Custody Operations Orientation Pamphlet/booklet (and Orientation video), Orange County community provider information available to in-custody LGBTQI incarcerated persons, and the list of available resources for LGBTQI individualselectronic tablet. For the current monitoring period, OCSD produced approximately 205 177 examples of completed LGBTQI+ Interview Worksheets (orientation). Note: there were additional examples provided that showed an attempt by the LGBTQI Coordinator, or the individuals had since been released from custody. About 158 of the approximate 205 forms The large majority were from TL TLF Mod I. Specifically, about 100 from Sector 1, 53 from Sector 2I, and 5 from Sector 3 (PRIDE unit). It is unclear why there were so few some completed forms from the PRIDE Program (although all individuals interviewed from the PRIDE Program acknowledged receiving program orientation). However, the County indicated that the LGBTQI Coordinator advised that many incarcerated persons refuse to do the interviewTLF Mod J and Mod Q as well. There were approximately 37 completed forms from TL Mod J, and about 10 from TL ModMod Q. There were no completed forms for any other unit, including nothing from the CJX Complex. The Expert acknowledges the concerns with potentially “outing” individuals in non-LGBTQI housing units by doing face-to-face orientation (regarding LGBTQI-related concerns, programs, etc.). OCSD has made strides in this area, as the electronic tablet now contains uploaded LGBTQI Coordinator (and Case Manager) contact information, information regarding the approved list of LGBTQI books, and the LGBTQIA+ Community Resource pamphlet. Note: the LGBTQI and Case Manager contact information is embedded within the LGBTQIA+ Community Resource pamphlet and can be easily missed by the reader. Some individuals indicated they didn’t know the pamphlet was contained within the tablet, while others were aware of the resource pamphlet, but didn’t realize the LGBTQI Coordinator or Case Manager contact information was contained. The Expert also realizes there may be some copyright laws and/or concerns with uploading approved LGBTQI books onto the electronic tablet. Listed below are some of the related complaints and positive acknowledgments (though not an exhaustive list) made by LGBTIQ incarcerated persons who are not housed in the PRIDE Program (or were not formerly housed in the PRIDE Program),are not housed in TLF Mod I Sectors 1 or 2, are not identified as transgender or non-binary, or are not housed in female housing (IW or WJ) (Note: The Expert was not able to confirm or refute the complaints): • Staff o Staff talk too fast on microphone, so we can’t understand what program is being offered (IM-J) o Unit staff are mostly professional (MJ-R) o Respectful & fair (WJ-G) o Housing staff attitudes - LGBTQI persons have to wait to get hot water – not the case for other persons (TLF Mod J) ▪ They don’t attend to our needs o Mod J deputies are ok (TLF Mod J) o Bad (TLF Mod J) ▪ They don’t communicate with us ▪ They tell workers about clothing exchange, but not us • Inmates from other Sectors tells us o When we had transgender females in the past, there were no female deputies assigned to the unit (TLF Mod J) • Classification/Intake o Complained to DRC that multiple staff at IRC that deputies verbally harassed me and ridiculed me due to SVP status and my LGBTQI/transgender status • LGBTQI Coordinator o Put in 20 message slips to LGBTQI Coordinator – no responses (TLF Mod J) ▪ I talked to her in passing six (6) weeks ago and she told me to submit a message request – I did, but never received responses. o Sent 3 message requests to LGBTQI Coordinator and Classification (3) weeks ago) – but no responses (TLF Mod J) ▪ Wants to see LGBTQI Coordinator o LGBTQI Coordinator - Don’t know who she is (TLF Mod J) • LGBTQI Program/Programming o Church not available in our mod/sector (MJ-R) ▪ 1-on-1’s are done o Have not heard back from education regarding my request for Substance Abuse, Computers, and Budgeting class (WJ-G) ▪ I have a tablet profile. o None (TLF Mod J) ▪ No Substance Abuse o No response from Chaplain (for a 1-on-1) (TLF Mod J) o No OC Shanti (TLF Mod J) ▪ No APAIT ▪ No knowledge of any other related classes o Self-help - we have to ask for AA (TLF Mod J) ▪ We put in message requests, but there are no schedules ▪ Same with church o No OC Shanti (TLF Mod J) ▪ No APAIT • Orientation o No Orientation (IM-J) o No hard copy orientation handbook/rules provided (IM-J) ▪ Rules posted on sector windows (they should put in color – nobody currently reads it) ▪ No unit orientation o None provided (learned everything from another incarcerated person) (TLF Mod J) ▪ I would like to see LGBTQI Coordinator o No handbook (TLF Mod J) ▪ No verbal LGBTQI orientation ▪ No orientation at all • Searches o Staff not honoring search preferences (TLF Mod J) o Staff ask about search preference (for transgender persons) (TLF Mod J) • Pronouns o Staff not honoring preferred pronouns (TLF Mod J) o Some staff are respectful, but some are not. Some are homophobic and refuse to use proper gender-identity or proper pronouns (TLF Mod J) • Reading Books (LGBTQI) o Not aware LGBTQI books exist (may be interested) (IM-J) o Not aware (only regarding regular books) (IM-J) o Not posted on sector window TLF Mod J ▪ No hardcopy paper list ▪ Not sure if it is on the tablet o Need to adjust dayroom window LGBTQI Book list (unable to read) (TLF Mod J) ▪ No paper list available o No hard copy list of LGBTQI books (TLF Mod J) ▪ No list posted on sector window/glass in dayroom • LGBTQI Community Resource Information o LGBTQIA+ Brochure and Community Resource pamphlet posted on window TLF Mod J o Aware of LGBTQIA+ Resource Pamphlet on the tablet (TLF Mod J) ▪ Not aware of the coordinator’s contact info. • Work Assignments o No work opportunities (GP’s [orange] do the work) (IM-J) o Nothing available. GP only (IM-N) ▪ Sometimes I clean, but it’s not a job - I just choose to do it. • Education o Available on tablets (available on tablets) o No opportunities, not even on the tablet (TLF Mod J) • Grievances o I don’t use, as I fear retaliation (IM-N) o Aware of process (TLF Mod J) ▪ We don’t receive our copy ▪ Never receive responses (I filed about five [5] or six [6]) • Message Slips (request forms) o I have filed multiple, but they are not responded to (deputies, commissary, programs/services) (TLF Mod J) • Electronic Tablets o Sometimes we get one, sometimes we don’t (IM-N) ▪ Sometimes after dinner only for a short bit ▪ Have never seen LGBTQI Coordinator’s name ▪ Have never seen a list of LGBTQI books ▪ Have never seen LGBTQI community resource information o Half day everyday (either 0730-1300/1330 or 1700-2300) (MJ-R) ▪ After log-in, there is rules and instructions on use, in the Free Sections and tutorial videos ▪ Also, daily T.V., and videos show functionality ▪ Sometimes a glitch in the log-in process for some individuals (but rare) ▪ Sometimes available funds on my account do not show ▪ Not sure about LGBTQI Coordinator contact info, or list of LGBTQI books, or LGBTQI Community Resource information ▪ But I do have one book now. LGBTQI Coordinator sees me weekly, and I tell her which book I want to exchange. o Not sure about the coordinator’s contact information (WJ-G) ▪ Not sure about LGBTQI Community Resource information ▪ Have seen the LGBTQI book list o Rotates mornings/evenings (TLF Mod J) ▪ Daily for half day • Not aware of LGBTQI Coordinator contact info • Not aware of LGBTQI Community Resource information • Not aware of LGBTQI Book list • Razors/Commissary: o Nair is expensive, and not meant for your facial area (MJ-R) ▪ Magic Shave: I used it once, but it caused my skin to be eaten with redness and bleeding. o No razor exchange in Mod J (only in Mod I) TLF Mod J o No razor exchange – only in Mod I (TLF Mod J) ▪ We must keep purchasing from commissary or keep requesting welfare packs • Religious Services ▪ The last time was two (2) months ago ▪ Only GPs in other sectors can go ▪ Sent 1 Message Request to a Chaplain for a 1-on-1, but I never received a written response or saw anyone • Clothing/Gender-Affirming Clothing Products/Grooming/Hygiene: o A transgender person (about a month ago) was consistently (for a week) unable to obtain bra and panties. She had to become obnoxious to get them (TLF Mod J) ▪ Prior to this, incarcerated person clothing workers (from a different sector) gave me female underwear (as a joke) which showed they (bras and panties) are/were actually in stock ▪ Female undergarments are not sized properly (wrong sizes issued, when issued) o No razor exchange for Mod J (TLF Mod J) ▪ Must order more from commissary, or order a new welfare pack The Expert has the following recommendations: • Provide revised draft of OCSD CCOM Policy 7300 (LGBTQI Inmates). • Provide any updates relevant to planned implementation of LGBTQI-related program at the Central Men’s Jail as well as the other CJX facilities. • Provide any information pertaining to possible slight re-organization of the LGBTQI Coordinator (and Case Manager) contact information on the tablet (embedded within the LGBTQIA+ Community Resource pamphlet) to make it easier for the reader to locate. • Provide any update as to the opportunities available for all programming, including work, education, self-help, and other programs for self-identified LGBTQI incarcerated persons in all units, and ensure they receive unit orientation or are otherwise made aware as to programming available and not available to them, based on their classification level, and housing unit, during the classification or initial housing process. B. The County shall offer regular in-custody programs and support groups specifically serving the needs of LGBTQI individuals (e.g., APAIT). 1. The County shall make such LGBTQI-specific programming available to all LGBTQI individuals (i.e., pretrial, pre-sentenced, and sentenced; general population and restrictive custody, etc.), consistent with individualized safety and security assessments. 2. The County shall identify and collaborate with LGBTQI community groups to deliver programming in the Jail facilities. C. The County, with input from DRC, shall identify and procure LGBTQI community resource information and disseminate such information to incarcerated LGBTQI individuals. D. The County shall identify, procure, and make accessible LGBTQI reading materials to LGBTQI individuals.