HomeMy WebLinkAbout16- Police ORIGINAL.
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Keith L. Kilmer Subject:Resolution of the Mayor and
Common Council authorizing the
Dept: Police Department execution of a Memorandum of
Understanding regarding Security at
Date: February 14, 2011 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)
M/CC Meeting Date: March 21, 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.
Recommended Motion:
Adopt Resolution
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Keith L. Kilmer, Chief of Police
Contact person: Captain Ied Henson Phone: 909-384-5609
Supporting data attached: Yes Ward: 4
FUNDING REQUIREMENTS: Amount: None
Source:
Finance:
Council Notes:
Agenda Item No. ko
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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), 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 Department of Mental Health. The City of San Bernardino
Police Department and the California Highway Patrol have previously entered into agreement to
assist the California Department of Corrections in its role by providing necessary law
enforcement services on the public 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.
Financial Impact:
None
Recommendation:
Adopt the resolution.
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1 RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM
OF UNDERSTANDING REGARDING SECURITY AT PATTON STATE HOSPITAL
4 BETWEEN THE CITY OF SAN BERNARDINO AND ITS POLICE DEPARTMENT,
DEPARTMENT OF MENTAL HEALTH AT PATTON STATE HOSPITAL,
5 HOSPITAL POLICE DEPARTMENT (HPD), DEPARTMENT OF CORRECTIONS
6 AND REHABILITATION (CDCR).
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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9 SECTION 1. The Mayor and Common Council of the City of San Bernardino
10 authorize the City Manager to execute on behalf of the City, the Memorandum of
11 Understanding between the City of San Bernardino and the California Highway Patrol, a copy
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of which is attached hereto, marked as Exhibit A and incorporated herein by this reference.
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SECTION 2. The authorization to execute the above referenced Memorandum of
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15 Understanding is rescinded if it is not executed within ninety (90) days of the passage of this
16 Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM
.,,. 2 OF UNDERSTANDING REGARDING SECURITY AT PATTON STATE HOSPITAL
3 BETWEEN THE CITY OF SAN BERNARDINO AND ITS POLICE DEPARTMENT,
DEPARTMENT OF MENTAL HEALTH AT PATTON STATE HOSPITAL,
4 HOSPITAL POLICE DEPARTMENT (HPD), DEPARTMENT OF CORRECTIONS
AND REHABILITATION (CDCR).
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a meeting thereof, held
S
on the day of , 2011,by the following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ
12 VACANT
13 BRINKER
14 SHORETT
15
KELLEY
16
JOHNSON
17
MCCAMMACK
IS
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20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of 2011.
22
23
Patrick J. Morris, Mayor
24 City of San Bernardino
Approved as to Form:
25
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27 J es F. Penman, City Attorney
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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 (SBPD), 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 4107(a), which
states that the security of hospital individuals served (patients) at PSH shall be the
responsibility of CDCR, and with Welfare & Institutions Code 4312 which
empowers the HPD 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 CDCR, DMH, and HPD 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 HPD 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 Patton State Hospital, agree to the following understanding at
the local level:
III. RESPONSIBILITIES OF THE DEPARTMENT OF CORRECTIONS AND
REHABILITATION
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
iposts, 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.
' C. 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.
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.
E. 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).
F. Provide non-deadly use of force options in patrol vehicles and escape
pursuit vehicles by use of 40-mm launchers utilizing less-lethal
ammunitions.
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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 HOSPITAL (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.,
1. Gate complex(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.
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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:
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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.
1. The Office of Special Investigations is responsible for conducting the
most sensitive, difficult and complex investigations regarding
suspected violations of laws, rules and regulations.
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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
j AND REHABILITATION AND THE PATTON STATE HOSPITAL POLICE
DEPARTMENT.
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.
B. 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.
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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 drugs 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.
1. 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, CDCR 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 be 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)
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The SBPD agrees to provide law enforcement services on the grounds of PSH
when the CDC and DMH 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 of PSH 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 of PSH.
VIII RESPONSIBILITY OF THE SAN BERNARDINO AREA CHP
The CHP agrees to provide assistance to SBPD, CDC and DMH as it relates to the
maintenance of an orderly and safe environment on the grounds of PSH.
A The CHP will assist SBPD by providing approximately twenty (20) hours
k 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 arrival of the appropriate law enforcement agency
with jurisdiction.
D 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 SBPD or when requested.
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VII. This agreement will remain in effect until terminated 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 DATE
California Department of Corrections
Mr. Stephen W. Mayberg, Ph.D., Director DATE
California Department of Mental Health
Charles McNeeley DATE
City Manager, City of San Bernardino
Mr. J.A. Farrow, Commissioner DATE
California Highway Patrol
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