The California Department of Corrections and Rehabilitation: Its Recent Steps Meant to Improve the Handling of Incarcerated Persons’ Allegations of Staff Misconduct Failed to Achieve Two Fundamental Objectives: Independence and Fairness; Despite Revising Its Regulatory Framework and Being Awarded Approximately $10 Million of Annual Funding, Its Process Remains Broken.
In this report, we examine the department’s recently revised statewide process for examining incarcerated persons’ allegations of staff misconduct and the new unit the department created to perform investigations into these allegations – the Allegation Inquiry Management Section (AIMS). The report, which examines this process over a five month period between April 2020 and August 2020, found that wardens largely avoided referring staff misconduct grievances to AIMS, which opened only 86 inquiries per month, despite being funded to perform more than five times that amount. Our examination of the process identified flaws in its design that prevent wardens from referring allegations to AIMS for handling and preclude AIMS from handling various types of allegations. We conclude that the department has not increased the independence or fairness of this process, as wardens are exonerating staff in 98% of the allegations and the department’s limited information system prevents it from effectively assessing its own process.