MEMORANDUM OF AGREEMENT REGARDING THE GARFIELD COUNTY JAIL
4:,;'MEMORANDUM OF AGREEMENT REGARDINGTHE GARFIELD COUNTY JAILI.INTRODUCTIONOn June.6, 2002, the United States Department of Justice("DOJ") notified Garfield County ("County") officials of its intent to investigate conditions of confinement at the Garfield/County Jail ("Jail''') and Garfield, County Work Center ("WorkCenter"), pursuant to the Civil Rights of InstitutionalizedPersons Act, 42 U.S.C.§1997.The DOJ toured the Jail withconsultants in the fields of corrections, medical care, firesafety and environmental health and safety on July 23-25, 2002, and September 19-21, 2002.On April 17, 2003, the DOJ issued a findings letter,pursuant to 42 U.S.C.§1997(a) (1), which concluded that certainconditions in the Jail violated the constitutional rights ofdetainees, and recommended remedial measures.At the request ofthe County, the DOJ 'conducted an additional tour of the Jail withconsultants on'October ll-12, 2006 . During the course of thattour, the DOJc ncludedthat certain of the unconstitutionalconditions identified in its April 17, 2003 findings letter hadbeen remedied, and that certain other conditions had not beenremedied.
The parties enter into this Memorandum of Agreement ("MOA")for the purpose of avoiding the risks and burdens of litigation.The parties agree that this MOA neither constitutes an admissionby Garfield County of the truth of the findings contained in theFindings Letter, nor constitutes an admission by Garfield County.of the exist nce of unconstitutional conditions.Throughout the course of theinvestiga ionand inspection ofthe Jail and the Work Center, the DOJ received completecooperation from Garfield County officials and unfettered accessto all facilities, documents and staff.In addition, the DOJacknowledges that the County has made substantial improvements inmany areas of Jail operations and the physical plant since itsinitial Jail teurs in 2002.Most notably, the County securedfunding and constructed a new jail building, which becameoperational in.June 2005.and will not be reused.The old jail building has been closedThe County has also been receptive tothe comments and technical assistance provided by our consultantsduring their respective tours, and has been proactive inimproving Jail ,?perations.The DOJ applauds the efforts of theCounty, and looks forward to working with County officials toresolve the remaining required improvements.In 1999, t,he County created the Garfield County CriminalJustice Authority ("Trust") pursuant to the provisions of Titlei-2
60, Oklahoma statutes 2001,§§176 to 180.4, inclusive as amendedand supplemented, the Oklahoma Trust Act and other applicablestatutes and laws of the State of Oklahoma.The Trust owns andis responsible for the oversight, management and operation of thenew Jail.providingAdditionally, Garfield County is responsible fornece sarysupport to the Trust and the Jail in order tofulfill the obligations incurred under this MOA.II.DEFINITIONSAs used in this MOA:A."Access charge" shall mean fees for medical care,dental care, or mental health care services debited from thedetainee's commissary account during the detainee's incarcerationat the Jail.B.1,"Cell'" shall mean any room or area in which detaineesare confined;C."Cell check" shall mean direct visual observation ofdetainees by security staff;D.Board of"Coun:ty" shall mean Garfield County, Oklahoma, theCommis. ionersof Garfield County, in their officialcapacity, and their agents, assigns, employees, designees andsuccessors in office, the Garfield County Criminal JusticeAuthority ("Trust"), the Trustees of the Trust, in their official-3
capacity, and their agents, assigns, employees, designees andsuccessors in office;E."Detainee" shall mean an individual sentenced to,incarcerated in, detained at, or otherwise confined at the Jail;F."DOJ" shall mean the United States Department of Justice and i s employees, consultants and agents;G."Effective date" shall mean the day this MOA is signedby all the parties;H."Jail" shall mean the Garfield County Detention Center,the correctional facility owned by the County and operated by theTrust located at 1020 S. 10th Street, Enid, Oklahoma, as well asany facility owned and/or operated by or for Garfield County, theJail Administrator, the Garfield County Sheriff, and/or the Trustthat supplements or replaces the Garfield County Jail on atemporary or permanent basis;I."Jail Administrator" shall mean the individualresponsible to . the Countyfor operation, supervision and.management ofJ. heJail;"Qual.ified Medical Professional" shall mean a physicianor prescribing-level health care provider who is currentlylicensed by the State of Oklahoma;K."Qualified Medical Worker" shall mean an individual whohas completed an educational program at an accredited school of-"-4
nursing, and who has complied with licensing requirements in theState of Oklahoma;L."Special needs detainees" shall mean those detaineeswho are suicidal, mentally ill, mentally retarded, seriously orchronically ill, physically disabled, or otherwise a danger tothemselves;M."Security staff" shall mean alld te:ritionofficers,deputies, law enforcement officers, 'reserve officers, unsworncivilian employees, and volunteers, irrespective of job title,who supervise detainees on a permanent or temporary basis at theJail;N."Semi-annual Report" shall mean reports the Trust willsubmit to the United States to demonstrate its compliance withthis MOA as specified in paragraphs III (A) and (B); andO."Trust" shall mean the Garfield County Criminal JusticeAuthority created by Declaration of Trust in 1999.The Trustowns and is responsible for the oversight, management andoperation of the Jail;P."Use .of force" shall mean a coercive or aggressive actby security staff performed for the purpose of achievingcompliance by a resisting detainee, including but not limited to,the use of phys.ical, chemical, electronic, or impact contact, and-5
further shall include placement of a resisting detainee in arestraint chair or other restraint device.III. SUBSTANTIVE REMEDIAL MEASURESA.SECURITY AND PROTECTION FROM HARM1.The Trust shall continue to develop and implement policies, prop dures and practices to provide a reasonably safeand secure environment for all detainees.I'Classification and Housing2.The Trust shall develop and implement an objectiveclassification system and house detainees accordingly.The Trustshall ensure, at a minimum, that maximum security detainees arenot housed with minimum security detainees.Security and Use of Force 3. heTrust shall hire a sufficient number ofsecurity staff ·to maintain security in the housing units,supervise detainees, provide adequate staff training, and ensurethe safety and security of detainees and security staff.4.The Trust shall develop and implement policies,procedures and practices to ensure the adequate supervision oftrustees.5.The Trust shall draft and implement policies onthe use of forc.e to ensure that force is used properly.Thepolicy shall require that security staff document each use of. -6 , 7' -I" , : " .--0
force and that the Jail Administrator review the documentationand, take any appropriate action.6.The Trust shall develop and implement policies,procedures and practices for the thorough investigation ofdetainee injuries requiring greater than first aid, for evidence,of assault w4 ch may have occurred while in Jail custody.results of each".i vestigationinvestigation report.shall bedoc entedThein anThe Jail Administrator shall review theinvestigation report, along with the underlying documentation,and take appropriate action.Suicide Prevention7.\ The Trust shall reconfigure or remove knownsuicide hazards from the cells and living areas, includingspecifically, handicap hand rails that allow material to be tiedthrough an opeR area of the railing in cells.8.The Trust shall fully document irregularly timedcell checks four times per hour for inmates identified as beingat heightened risk of suicide.The Trust shall ensure that,where appropria,te, such inmates receive constant monitoring.9.The Trust shall provide security staff with accessto readily available, safely secured, suicide cut-down tools.-7
Training10.Security staff shall receive pre-service andannual in-service training.be limited to:Training 'shall include, but will notu?e of force, including de-escalation techniquesjuse of restraintsj sexual harassment and misconduct;identificatidn of detainees with medical or mental health needsjsecurity staff's role in securing access to/care to acute and-emergent detaineesj CPR and basic first aidj and universalprecautions to protect security staff and detainees from possibleexposure to blood and bodily fluids.11.The Trust shall create and maintain individualtraining records for all security staff, documenting the date andtopic of all pre-service and in-service training completed afterthe effective date of this MOA.Orientation, Grievances and Discipline12.The Trust shall develop an orientation video orhandbook for new detainees that provides information on thefollowing areas:rules and regulations; the process forobtaining medical and mental health care; emergency procedures;the grievance and disciplinary process; and rules for sending andreceiving mail.13.The Trust shall make available grievance forms.The Trust shall-. provide a secure and confidential method for:;,-8
submission of grievances in an area accessible to detainees.TheTrust shall record and maintain records of detainee grievances,including dispositions, for a minimum of one year.The Trustshall ensure that detainee grievances are investigated andresponded to within a reasonable time frame.Detainees shall be,provided at least one level of appeal.14.The Trust shall develop and mplementpolicies,procedures and practices for a formal disciplinary process,including administrative review and disciplinary reports foralleged minor rule violations, and adequate due process foralleged major rules violations.B.MEDICAL, DENTAL AND MENTAL HEALTH CARE1. The Trust shall ensure that detainees receiveconstitutionally adequate medical and dental care regardless oftheir ability to pay.This care shall include treatment forserious medical and dental needs and shall not be limited toemergency or life-threatening conditions.2.The Trust shall continue to develop and implementwritten compreh.ensive site-specific policies and procedures"governing medical, dental and mental health care that conformwith generally accepted community standards.3.implemented.The policies and procedures developed andpur uant.,to 2 of this section shall govern all.-9
aspects of medical and mental health care, including:initialdetainee health screening and health assessments; staffing levelsand job descriptions; sick call and other access to medicalservices; housing of special needs detainees; distribution andmanagement of medications; chronic care; emergency care; dental care; mental:health care; communicable disease testing andcontrol; medical records; staff training; qualitycontrol/improvement; and medical grievance procedures.4.The Trust shall secure the services of a QualifiedMedical Professional to be in charge of medical care at the Jail.The Qualified Medical Professional's duties shall include:supervising alJ medical care rendered to detainees; supervisingphysician's aSGistant sick call or providing physician's sickcall; reviewing medical intake screening forms and processesjensuring that all inmates receive a health assessment, discussedinfraj and monitoring care of serious and/or chronic conditions.Inmates shall continue to receive adequate and timely access todental care.5.The Trust shall verify annually the license of allmedical care providers with whom the Trust contracts.The Trustshall ensure that all medical care providers with whom the Trustcontractsprov demedical care within the scope of their trainingand license.-10
6.The Access Charge for access to medical and dentalservices shall be minimal.All detainees shall be informed ofthe medical access program upon admission, and it shall be madeclear to detainees, in writing, that the program is not designedto deny them access to care.No Access Charge shall be made foradmission he lth screening or any required follow-up screening;or the required 30-day health assessment. oreover,no AccessCharge shall be made for emergency care, mental health care, orthe treatment and care of conditions affecting public health,e.g., Tuberculosis, Methicillin Resistant Staphylococcus Aureus(MRSA), pregnancy, etc.access tophar acyNo Access Charge shall be imposed formedications prescribed in conjunction with anyof the above referenced exceptions to the Access Charges.Nodetainee shall'be denied medical care due to inability to pay theAccess Charge, ,nor shall inmates be denied necessary care due toa pre-existing condition requiring immediate or continuingtreatment.Screening and Specialty Care Referrals7.The Trust shall prepare an adequate initial healthscreening form and conduct medical health intake screening of alldetainees in a timely manner not to exceed twelve hours from thetime of initial booking.The completed screening form shallbecome the firstdocument included in the detainee's medical'/ '. I'-11
record.The screen shall include, among other things, specificquestions with respect to current symptoms and history ofcontagious disease consistent with generally acceptedprofessional standards.The Trust shall make appropriatereferrals for evaluation, testing and treatment based oninformation provided in the screening.8.For each newly incarcerated detainee,the TrustI'.shall conduct a health assessment "within the first 30 days ofconfinement, preferably within the first 14 days, and makeappropriate referrals for treatment or evaluation as indicated.The assessment shall include a comprehensive medical history anda physical examination.Records documenting the assessment shall\be made part of., the inmate's medical records .9.,In the event a detainee refuses to cooperate inthe screening and or health assessment in 7 and 8 of thissection, after being advised of its importance to the detainee'shealth needs, then such refusal shall be documented by medicalpersonnel.In Such event, the Trust shall take steps medicallynecessary for the health of the individual detainee, otherdetainees, and staff. Sick Call-12
10.The Trust shall continue to develop and implementpolicies, procedures and practices to ensure that all detaineeshave adequate and timely access to sick call.11.The Trust shall continue to provide detainees withaccess to sick call request forms.The Trust shall ensure that aQualified Meaical Professional or Qualified Medical Workerreviews all sick call request forms confidentially and in aI'timely manner.12.The Trust shall ensure that detainees are seen bya Qualified Medical Professional or Qualified Medical Worker in atimely manner after submission of a sick call request.Chronic and Critical Care13. :The Trust shall ensure that detainees with serious"and/or chronic ,illnesses, including mental illnesses, receivenecessarydiag osis,monitoring, and treatment.The Trust shallprovide mentally ill detainees with appropriate oral psychotropicmedication treatment,' and shall refer detainees with seriousmental illnesse for treatment by appropriate external providers.The Trust shall provide and document routine tests and follow-upappointments for all detainees with serious and/or chronicillnesses.14.policy onThe Trust shall develop and implement a writtenhousi g'-.special needs detainees. .-13
Medication Administration15.The Trust shall document the administration ofmedication, particularly any missed or refused doses ofmedication.A Qualified Medical Professional shall review allmedication administration records on a regular and periodicbasis.16.The Trust shall develop and t'implement policies,procedures and practices to ensure that detainees in need ofprescription medications receive them within a reasonable timeafter intake as medically necessary.Medical Records17.The Trust shall maintain on-site complete,confidential, *nd appropriately organized medical and mentalhealth records ,for each detainee.Mental Health Care18.The Trust shall provide detainees with timely andappropriate mental health care consistent with generally acceptedcommunity standards.19.The Trust shall continue to provide every detaineewith an initial mental health screening within a reasonable timeafter intake at'the Jail.-The Trust shall continue to performmental health evaluations for all detainees whose histories or-14
whose responses to initial screening questions indicate a needfor such an evaluation.C.OUT OF CELL TIMEDetainees on disciplinary restriction, administrativesegregation, or protective custody status shall, at minimum,receive one hour of out-of-cell exercise three times a week.Other detainees shall receive adequate opportunitiesfor out-of t'cell exercise equal or greater than that provided to segregationstatus inmates.D.LEGAL CORRESPONDENCE;Detainees shall not be restricted in their ability tosend andIV.rece velegal correspondence.REPORTIN REQUIREMENTSA.The Trust shall report semi-annually to the DOJconcerning its,compliance with the terms of the MOA (the "Semi annual Report").The first Semi-annual Report shall be due threemonths from the effective date of this MOA, and every six monthsthereafter, unt'il the MOA is terminated as provided herein.At aminimum, the Semi-annual Report shall include the followingsections:1.a narrative,summary of the Trust's compliance withthe terms of this MOAi-15
2.where applicable, the summary shall specificallynote when the Trust has failed to meet any deadline specified inthis MOA;3.a training summary, in which the Trust reports thenumber of hours and type of training provided to staff during thereporting period, identifying each staff member by rank andshift; and/4.copies of supporting -data and/or reports asspecified within this MOA and itemized in paragraph B of thissection.B.The Semi-annual Report shall include the followingdocumentation1. ndreports: reportson both medical and mental health staffingand contracts; .2.detainee grievances concerning access to orprovision of medical, dental or mental health care;3.a summary of the number and types of force usedduring the reporting period and the results of the reviewsconducted on the uses of force during the reporting period,including any staff discipline imposed, and a review of anydetainee grievances concerning excessive force; and-16
J4.a summary of the number and type of detainee-on detainee assaults, including any injuries that occur, medicaltreatment provided to detainees involved in suchassaults, a review of any detainee grievances concerningdetainee-on-detainee violence, and any detainee disciplineimposed.All incident reports.5.v./COMPLIANCE AND MONITORINGA.Within six months of the effective date, DOJ shallconduct an on-site tour of the Jail to monitor compliance withthe specific terms of this MOA and to provide technicalassistance to the Trust. B.Duripg the term of this MOA, upon reasonable notice,'\the DOJ and its consultants shall have access to the Jail and toJail documents and records to monitor compliance with the termsof this MOA.Upon request, the Trust shall provide to the DOJ,within a reasonable time, copies of, or access to, Jail documentsand .records as well as documents or records created by any agentor contractor authorized to provide services at the Jail.c.The DOJ shall have the right to conduct confidentialinterviews with-detainees . The Trust shall continue to permitdetainees to send and to receive confidential legal mail toattorneys of record, courts and to representatives of the DOJ.,f ' -17
D.Nothing in this MOA shall be construed to limit DOJ'sright to request additional documentation and/or conductinspections in addition to those specified herein.VI.IMPL
County Jail ("Jail''') and Garfield, County Work Center ("Work Center"), pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997. The DOJ toured the Jail with consultants in the fields of corrections, medical care, fire safety and environmental health and safety on July 23-25, 2002, and September 19-21, 2002.
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Le genou de Lucy. Odile Jacob. 1999. Coppens Y. Pré-textes. L’homme préhistorique en morceaux. Eds Odile Jacob. 2011. Costentin J., Delaveau P. Café, thé, chocolat, les bons effets sur le cerveau et pour le corps. Editions Odile Jacob. 2010. 3 Crawford M., Marsh D. The driving force : food in human evolution and the future.
