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HomeMy WebLinkAbout19-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Keith L. Kilmer Subject:Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of Understanding regarding Security at Patton State Hospital between the City of San Bernardino and its Police Department, Department of Mental Health at Patton State Hospital, Hospital Police Department (HPD), Department of Corrections and Rehabilitation (CDCR) MICC Meeting Date: July 18, 2011 Dept: Police Department Date: June 27, 2011 Synopsis of Previous Council Action: June 2, 2008 -Resolution #2008-170 authorizing the execution of a Memorandum of Understanding with Patton State Hospital approved by Council. March 21, 2011-Resolution #2011-68 authorizing the execution of a Memorandum of Understanding with Patton State Hospital approved by Council. This memorandum became null and void as it was not executed by June 19, 2011. Recommended Motion: Adopt Resolution J~ I!~ Keith L. Kilmer, Chief of Police Contact person: r."'pt",in T<>rll-l<>n<::nn Phone: QOQ.1R4."flOQ Supporting data attached: Yes Ward: 4 FUNDING REQUIREMENTS: Amount: None Source: Finance: Council Notes: ~/cr 01- 1<6-'(7"'''' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of Understanding regarding Security at Patton State Hospital between the City of San Bernardino and its Police Department, Department of Mental Health at Patton State Hospital, Hospital Police Department (HPD), and the Department of Corrections and Rehabilitation (CDCR). Background: The City of San Bernardino Police Department along with the California Highway Patrol have participated in mutual aid Memorandums of Understanding since January 25, 2000, to provide law enforcement services on Patton State Hospital grounds. This proposed Memorandum of Understanding is an update to the previous agreement. The intent of this agreement is to address criminal investigations, traffic collisions, vehicle code violations, and safety/security services for Patton State Hospital jurisdiction, which is located in San Bernardino. The Welfare and Institutions Code Section 4107(a) and 4107.1 states that the security of all patients at Patton State Hospital shall be the responsibility of the California Department of Corrections and the California Department of Mental Health. The City of San Bernardino Police Department and the California Highway Patrol have previously entered into agreements to assist the California Department of Corrections in its role by providing necessary law enforcement services on the Pllblic grounds of Patton State Hospital. It is expected that each respective department will investigate all crimes occurring within the agreed jurisdictional areas. In the proposed agreement, the City of San Bernardino Police Department will provide law enforcement services at Patton State Hospital when the California Department of Corrections and the Department of Mental Health require assistance in maintaining a safe and orderly environment for the public, visitors, and employees. The City of San Bernardino Police Department will not be responsible for any investigation inside the detention center; behind any door, wall, gate, fence, building, or anywhere that a barrier is in place to maintain a person in custody. The City of San Bernardino Police Department's duties will include response to major crimes that occur on the grounds of Patton State Hospital such as homicides, sexual assaults, crime scene processing, hostage or sniper situations, domestic disputes, and responses to declared emergency conditions. On March 21,2011, Resolution #2011-68 was approved by Council, however, the contract was not executed by the due date of June 19,2011, which made the resolution null and void. Financial Impact: None. Recommendation: Adopt the resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING REGARDING SECURITY AT PATTON STATE HOSPITAL BETWEEN THE CITY OF SAN BERNARDINO AND ITS POLICE DEPARTMENT, DEPARTMENT OF MENTAL HEALTH AT PATTON STATE HOSPITAL, HOSPITAL POLICE DEPARTMENT (HPD), DEPARTMENT OF CORRECTIONS AND REHABILITATION (CDCR). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bcrnardino authorize the City Manager to execute on behalf of the City, the Memorandum of Understanding between the City of San Bernardino and the California Highway Patrol, a copy of which is attached hereto, marked as Exhibit A and incorporated herein by this reference. SECTION 2. The authorization to execute the above referenced Memorandum of Understanding is rescinded if it is not executed within ninety (90) days of the passage of this Resolution. III III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING REGARDING SECURITY AT PATTON STATE HOSPITAL BETWEEN THE CITY OF SAN BERNARDINO AND ITS POLlCE DEPARTMENT, DEPARTMENT OF MENTAL HEALTH AT PATTON STATE HOSPITAL, HOSPITAL POLICE DEPARTMENT (HPD), DEPARTMENT OF CORRECTIONS, AND REHABILITATION (CDCR). I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the ,2011, by the following vote, to wit: day of Council Members: NAYS ABSTAIN ABSENT AYES MARQUEZ VACANT BRINKER SHORETT KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2011. Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: ./~ I es F. Penman, City Attorney DEPARTMENT OF MENTAL HEALTH AT PATTON STATE HOSPITAL, HOSPITAL POLICE DEPARMENT (HPD), DEPARTMENT OF CORRECTIONS AND REHABILITATION (CDCR) AND CITY OF SAN BERNARDINO (CITY), CALIFORNIA HIGHWAY PATROL (CHP) MEMORANDUM OF UNDERSTANDING REGARDING SECURITY AT PATTON STATE HOSPITAL I. INTENT OF THIS AGREEMENT This Memorandum of Understanding (MOU) is made between the Department of Mental Health (DMH), the Department of Corrections and Rehabilitation (CDCR), the California Highway Patrol (CHP), the City of San Bernardino (CITY) or (SBPO), and the Patton State Hospital Police Department (HPD) to define their respective roles, responsibilities and authorities in providing security and safety services at Patton State Hospital (PSH). II. GENERAL PROVISIONS This agreement is in accordance with Welfare & Institutions Code 41 07(a), which states that the security of hospital individuals served (patients) at PSH shall be the responsibility of COCR, and with Welfare & Institutions Code 4312 which empowers the HPO to investigate compromises to the safety and security of property and persons both inside and outside of the secured perimeter, under the authority of the Hospital Administrator. Since PSH is located within the City of San Bernardino, the SBPD and CHP agree to assist COCR, OMH, and HPO by providing necessary law enforcement services on the PSH grounds. The CDCR is responsible for securing PSH for the purpose of preventing the unauthorized absence of hospital individuals served (patients). The HPO is responsible for the safety and security of property and persons on the hospital grounds, primarily inside the secured perimeter. Nothing in this Memorandum shall preclude a law enforcement officer of either entity from taking enforcement action anywhere on the facility when happened upon or when called. The responsibilities of the various entities outlined below, could not possibly deal with any and all eventualities. Therefore, in an attempt to foster a harmonious working relationship and to enhance the overall safety and security at PSH, the California Department of Corrections and Rehabilitation and the Department of Mental Health at Patlon State Hospital, agree to the following understanding at the locallcvel: III. RESPONSIBILITIES OF THE DEPARTMENT OF CORRECTIONS AND REHABILITATION E. F. 6/27/201 I The CDCR shall provide the resources necessary to secure PSH. The purpose of such security shall be to prevent the unauthorized absence of individuals served. The DMH shall have the responsibility for and the authority to control who is authorized to enter and exit the facility in accordance with Special Orders and PSH Administrative Directives. Where the individuals are still committed to the DMH, the CDCR shall provide for the appropriate level of security during their authorized absence. The CDCR shall advise and consult with PSH on all security matters. Basic custodial functions shall include but are not necessarily limited to: A. The staffing and operation of a secure perimeter including observation posts, security systems, vehicle and pedestrian gate operations, facility mobile patrols and the general safety and security of the outer perimeter of PSH. B. The off-grounds transportation of individuals served including 24-hour posting of Correctional Officers when individuals served are temporarily housed or sequestered at outside medical facilities or other locations on a temporary basis. Correctional Officers assigned to outside medical facilities are not responsible for the patient's medical welfare. The CDCR assumes no liability for patients beyond the safety and security of that patient, the public safety, and to prevent the patient from escape. The response when requested by PSH, with the appropriate resources to assist in the management of disturbances by individuals served inside the secured perimeter. In these instances, the PSH Hospital Police Department (HPD) will be in charge of the scene. c. D. Response to calls for assistance for emergencies, SUSpICIOUS or unauthorized persons or vehicles outside the secured perimeter. For response to emergencies outside the secured perimeter both CDCR and HPD shall respond, CDCR will be in charge of the scene until the scene is secured. Because the hospital police are unarmed, the CDCR is responsible for calls outside the secured perimeter that could potentially necessitate an armed response. Response to incidents of escape, notification to allied law enforcement agencies of the escape and the entry of escapee information into the Wanted Persons Systems (WPS). Provide non-deadly use of force options in patrol vehicles and escape pursuit vehicles by use of 40-mm launchers utilizing less-lethal ammunitions. 2 G. Assist Hospital Police Department (HPD), San Bernardino Police Department (SBPD) or California Highway Patrol (CHP) when requested. IV. RESPONSIBILITIES OF THE DEPARTMENT OF MENTAL HEALTH AT PATTON STATE HOSPTT AL (PSH) PSH continues to have full authority and responsibility for all other aspects of the operations of PSH. PSH shall notify CDCR and other law enforcement agencies as appropriate of disturbances or other safety events. PSH shall advise and consult with CDCR on all matters related to security. This shall include but is not limited to: A. Maintenance and upgrade of the outside perimeter. i.e., I. Gate complcx(es) 2. Video surveillance 3. Fence sensors and alarms 4. Locks, keys and locking devices B. Maintenance, upgrade and repair of all posts and buildings occupied by CDCR including general supply and janitorial maintenance in accordance with provisions of the existing contract agreement # CRC06012 (06- 30048) and any subsequent agreements. C. Emergency repair of vehicles used by and assigned to CDCR at PSH per interagency agreement (i.e. minor fluid replacement, spare tire exchange, jumping a dead battery). D. Count all patients at least four (4) times in twenty-four (24) hours. E. Assist CDCR, SBPD or CHP when requested. F. Maintain a working Hospital Police Department, which includes the Office of Special Investigations. G. At the request of CDCR, PSH may provide personnel at outside medical facilities to ensure the welfare of patients. V. RESPONSIBILITIES OF PATTON STATE HOSPITAL POLICE DEPARTMENT (HPD) The DMH at PSH is responsible for providing the necessary resources to insure the general safety and security of property and persons inside the secure perimeter, as well as on hospital grounds. To meet that need, the DMH employs a Hospital Police Department, (HPD). The DMH and HPD will advise and consult with CDCR on all matters related to security. Basic enforcement functions include but are not limited to: 6/27/2011 3 A. Emergent response to all personal alarm devices and building security systems. B. Patrol of treatment and housing units, monitor and inspect all areas inside the perimeter fence to include the courtyards, buildings, interior perimeter fence line, internal fencing of the courtyards, canteen and other areas where patients gather. C. The operation of visiting programs for the purpose of allowing individuals served access to visits seven (7) days per week. D. The tabulation and recording of daily counts of all individuals served and housed at PSH. E. Patrol, monitor and inspect all areas of buildings including courtyards, interior and exterior doors, locks, stairwells, windows and rooms and all common areas that staff have identified as a security or safety problem such as blind spots and stairwells. F. Conduct patrols in program areas actively utilized by staff and patients such as the horticulture area and associated out buildings and weight training areas. G Respond to calls for emergencies outside the secured perimeter. When HPD responds to calls outside the secured perimeter, CDCR shall be in charge of the scene until the scene is secured. H. Prevent individuals served access to out of bounds and dangerous areas and prevent individuals served from behaving in a manner that may cause injury to themselves or others. I. Security of persons and property throughout the facility. J. Enforce parking regulations and issue citations for violators as needed. K The notification of San Bernardino Police Department (SBPD) and/or California Highway Patrol (CHP) when their assistance is required. L Assist CDCR, SBPD or CHP when requested. M The HPD shall maintain an Office of Special Investigations. I. The Office of Special Investigations is responsible for conducting the most sensitive, difficult and complex investigations regarding suspected violations of laws, rules and regulations. 6/27/2011 4 2. The Office of Special Investigations will be supervised by a Supervising Special Investigator who will report directly to the Chief of the Hospital Police, and will advise and consult with CDCR on all matters related to security. 3. Investigative responsibilities include, but are not limited to: a. Individuals served deaths; both expected and unexpected, both at PSH proper and at outside contract and non-contract hospital(s) used to treat PSH patients. b. Investigate and refer to the District Attorney's Office for possible prosecution all occasions and manners of assaults against PSH staff, the Hospital Police Department and the CDCR employees. c. Investigate and refer to the District Attorney's Office for possible prosecution all occasions and manners of sexual abuse/assault involving both individuals served and all staff assigned to PSH. d. Liaison with SBPD and CHP in investigations that fall within their purview, such as homicides, injury accidents, or other high profile incidents. VI. JOINT RESPONSIBILITIES OF THE DEPARMENT OF CORRECTIONS AND REHABILITATION AND THE PATTON STATE HOSPITAL POLICE DEPARTMENT. B. 6/27/2011 A. If a call is received by either agency requiring a needed response, and the area of responsibility is in question, the Watch Commanders for both the HPD and CDCR will confer for resolution. If the call is of an emergent nature, an immediate response will be made by the receiving agency, and the respective Watch Commander will make an immediate follow-up call to the responsible Watch Commander. The CDCR, HPD, and Office of Special Investigations (OSI) will respond to any "Officer Down" or "Officer Needs Assistance" radio or telephone initiated call both inside or outside the security perimeter. However, responding officers will take direction from the on-scene supervisor of the requesting agency. D. The CDCR will respond, when requested by HPD, inside the secured perimeter to assist with the management of disturbances by, or the arrest of, patients. However a CDCR supervisor will respond, monitor, or assist, at all times when CDCR staff are deployed inside the perimeter. 5 E. The HPD will respond and assist during incidents of escape. The CDCR will incorporate the HPD in the PSH Escape Plan, and provide training to the HPD related to the Escape Plan. F. The CDCR and HPD will cooperatively develop a Contraband Interdiction Policy, to include strategic operational plans in conjunction with clinical staff and other support services in order to identify sources of illegal narcotics, methods of introduction of drugs, weapons or other contraband into the secure facility. They will implement and monitor the effectiveness of these operational plans designed to interdict and divert the introduction of dmgs into PSH, through the Visiting Center, Mailroom, intra-facility transportation bus, or sally port methods of entry, and other avenues of interdiction. G. The California Department of Corrections and Rehabilitation at Patton State Hospital will allow the HPD Officers to store off-duty personal weapons in secured gun lockers located under Corrections control. I. For the purposes of this Policy and Procedure, gun storage lockers located at the entry control gates will not be available for use. No officer, COCR or HPD, will store a weapon of any kind in his or her privately owned vehicle. 2. The California Department of Corrections and Rehabilitation and its agents will not be held liable, personally or as an agency, for the theft of, or damage to, any weapon stored. 3. The California Department of Corrections and Rehabilitation and its agents will not be held liable, personally or as an agency, for the unintentional or intentional discharge of the weapon while the HPD Officer is on-grounds or off-duty in the community. 4. Only registered handguns will be stored, and the registration must be in the bearer's name. Long-guns (shotguns, rifles, etc), explosives/explosive devices will not he stored. H The Watch Commanders of both the HPD and the CDCR will meet periodically to review basic security concerns between the agencies and will strive to promote a harmonious working relationship between the agencies. VII RESPONSIBILITY OF THE CITY OF SAN BERNARDINO (CITY or SBPD) 6/27/2011 6 The SBPO agrees to provide law enforcement services on the grounds of PSH when the COCR and OMH need assistance in maintaining a safe and orderly environment for the public, visitors and employees of the hospital and other agencies on the grounds. This shall include, but not be limited to the following: A Response to crimes that occur on the grounds ofPSH which fall within the city limits of San Bernardino; including, but not limited to, investigation of homicides, sexual assaults, or other specified crimes; crime scene processing; response to hostage and/or sniper situations; response to domestic disputes upon request. B Response to declared emergency conditions. C Provision of communication services through their communications center when law enforcement services are required on the grounds ofPSH. VlII RESPONSIBILITY OF THE SAN BERNARDINO AREA CHP 71712011 The CHP agrees to provide assistance to SBPO, COCR and OMH as it relates to the maintenance of an orderly and safe environment on the grounds ofPSH. A The CHP will assist SBPO by providing approximately twenty (20) hours per week for in view patrol to deter crime and gain voluntary compliance with parking and traffic laws. B The CHP will respond and investigate traffic collisions, if requested. C In the event of an emergency that poses an immediate threat to safety upon the grounds of PSH, the CHP will respond, stabilize and secure the scene, and stand-by for the alTival of the appropriate law enforcement agency with jurisdiction. o The CHP will provide resources such as guides and handbooks to assist with the preparation of crime prevention and emergency action plans. E Provision of communications services through the Inland Communications Center as a backup to SBPO or when requested. 7 VII. This agreement will remain in effect until tenninated by any participating party by giving written notification of intent at least thirty (30) days in advance of the intended date of termination. DMH will notify the local state representatives of termination. Mr. Matthew L. Cate California Department of Corrections DATE Mr. Cliff Allenby, Acting Director California Department of Mental Health DATE DATE Charles McNeeley City Manager, City of San Bernardino Mr. l.A. Farrow, Commissioner California Highway Patrol DATE 6/27/2011 8