Americans with Disabilities Act Facility and Programs (ADA)
As of April 1, 2024
The pending summarized recommendations listed below reflect the most current information and actions taken since the previous Board Study Session. Summarized recommendations marked as audited or pending review have been updated for the May 7, 2024 Board Study Session.
There are 14 recommendations in the category of Americans with Disabilities Act Facility and Programs that are included in the Summarized Recommendations below.
Steps Taken: Facility improvements are being done to ensure ADA inmates can be housed in more housing units so they can have better access to programming. The Board approved a contract with San Jose State University to provide in-custody education services at Elmwood and Main Jail.
The Sheriff’s Office has begun a no-cost pilot program with Five Keys to establish an in-custody charter school. The goal of the pilot is to offer educational instruction to maximum security inmates of all learning, linguistic, and ADA needs. Upon successful completion, the inmate would receive a high school diploma. The school year will begin on August 15th, 2018. Once the school year has started, Five Keys will expand to vocational training so that inmates can receive a certificate or placement in a pre-apprenticeship program through Work2Future or NOVA. Structured programs have expanded into several units to include many of the areas where inmates who are classified as ADA are housed. Five Keys has expanded into several medium security housing units at both the Main Jail and Elmwood facilities.
On September 25, 2018, the Board approved the recommendation by the Facilities and Fleet Department to award the construction contract for the Correctional Suicide Prevention Cells and ADA Improvements Project. Construction is scheduled to start December 2018. The scheduled completion date is 2024 due to phasing of work throughout the jail facilities.
The Sheriff’s Office has efforts underway to complete significant ADA programming enhancements in compliance with the upcoming consent decrees for jail reform. These efforts are ongoing as programming is expanded through collaborations with various educational and vocational program service providers. Collaborations with Five Keys and community colleges provide opportunities for inmates to earn a high school diploma or certificates in a variety of content areas.
As of October 2023, Facilities and Fleet has completed 13 ADA/Suicide Prevention Design and Construction projects to date.
As of October 2023, Facilities and Fleet has 3 active ADA/Suicide Prevention construction projects. These projects are scheduled to be complete by Spring 2024. The projects include:
- CP16029 – ADA Repairs at Elmwood: 90% complete (June 2024)
- CP17030 – MJN/Elmwood Suicide Prevention Upgrades: 90% complete (June 2024)
- CP22003 – Elmwood Barracks 2: 50% complete (November 2023)
On September 12, 2023, the Board accepted the “Improve Elmwood ADA Path of Travel” Project as complete and authorized the Clerk of the Board to execute Notice of Completion of Contract and Acceptance of Work on Contract of Project.
Budget Status: The Board approved the following:
- December 15, 2015: Board approved $500,000 for Main Jail and Elmwood ADA improvements.
- April 12, 2016: Board approved $2.4 million in funding for Main Jail North ADA repairs, $500,000 in funding for Main Jail North and Elmwood ADA assessments, and $1 million for Elmwood ADA improvements.
- November 15, 2016: Board approved $900,000 for Elmwood Women’s Housing ADA improvements.
- April 11, 2017: Board approved $1.5 million for Elmwood Men’s Housing ADA improvements.
- FY 2018 Adopted Budget: $3 million reserve for Main Jail ADA Repairs and $4.75 million reserve for Elmwood Complex ADA Repairs.
- October 3, 2017: Board approved transfer from Elmwood Complex ADA Repairs Reserve of $1.8 million to provide funding for the design phase for the American Disabilities Act (ADA) Path of Travel routes at the Elmwood Correctional Facility campus and the design phase for the Elmwood Barracks 2 ADA Improvements, and funding to complete the Elmwood ADA assessment tasks.
- FY 2019 Adopted Budget: Board approved funding for Main Jail North and Elmwood ADA improvements in the amount of $18,500,000.
- FY 2020 Adopted Budget: Board approved $5 million for the Jail Capital Projects Reserve to support several jail renovations in progress and may also fund anticipated ADA capital projects.
- FY 2020 Adopted Budget: Board approved ongoing funding in the amount of $355,000 to fund jail monitoring as required by the Consent Decree.
- March 10, 2020: Board approved the transfer of funds in the amount of $6,500,000 from the Accumulated Capital Outlay – Jail Reserve to the Improve Elmwood ADA Path of Travel Capital Project.
- FY 2021 Adopted Budget: Board approved funding in the amount of $5,000,000 for the Jail Capital Projects reserve to support jail renovations in progress to implement jail reform efforts.
- FY 2023 Adopted Budget: Board approved funding in the amount of $3,000,000 from the Jail Reserve Fund for disability-related upgrades as part of the consent decrees.
- On September 27, 2022: Board approved a transfer from the “Capital Program Holding Account” to Capital Project “Elmwood ADA Improvements” in the amount of $3 million. Additionally, the Board also approved an increase of $2.4 million in the supplemental work allowance for the Main Jail North and Elmwood ADA Improvements and Suicide Watch Cells Project contract.
Source Report(s): Human Relations Commission
Responsible Department(s): Sheriff’s Office, Facilities and Fleet
Master List Nos.: 341
Review Date: FGOC reviewed on September 30, 2016.
Steps Taken: The Sheriff’s Office has incorporated a cognitive evaluation in the initial screening process. CHS staff provides recommendations on housing to Custody staff, which is taken into consideration for placement.
This Summarized Recommendation has been audited by the Office of Correction and Law Enforcement Monitoring (OCLEM) and has been found to be implemented.
Budget Status: County Administration and the department are evaluating to determine if additional resources are needed.
Source Report(s): Sheriff’s Jail Reform Plan
Responsible Department(s): Sheriff’s Office
Master List Nos.: 350
Review Date: FGOC reviewed on September 30, 2016.
Steps Taken: County Counsel’s Office is reviewing revised policies and procedures before they are finalized.
The revised Inmate Grievance Form and the new Inmate Grievance Appeal Form have both been created in compliance with ADA requirements, which include increased font size and easy to understand verbiage. Additionally, there is a check box for the inmate if he/she requires an ADA accommodation. Lastly, when serving the inmate the final grievance response he/she must indicate in the ADA tracking system if “Effective Communication” was used in explaining the response.
The Sheriff’s Office has completed a new Inmate Rulebook and it is posted on the Sheriff’s Office website and being distributed to inmates and staff. In conjunction with the JMS project, all forms are being reviewed and revised as needed.
The Sheriff’s Office is collaborating with County Counsel’s Office to update policies and procedures as part of the effort to comply with jail reform consent decrees. The Sheriff’s Office is in the process of finalizing its ADA Policy with Plaintiff’s Counsel and has revised the ADA Section of the Inmate Rulebook in coordination with the development of the ADA Policy.
The CHS Quality Improvement Managers meet regularly with the Sheriff’s Office and County Counsel to review and revise CHS policies to ensure compliance with current ADA mandates.
The CHS Quality Improvement team, in close collaboration with Sheriff’s Office Custody Bureau, has developed its ADA Policy that has been vetted, signed, and approved.
The CHS Quality Improvement and Staff Development team, in collaboration with the Sheriff’s Office, initiated ADA training for all CHS staff. An ADA training is also held monthly for new CHS staff.
CHS was involved in updating the Inmate Orientation and Rulebook. The Rulebook has been updated and the revisions are ADA compliant. It is available in three languages in soft cover and on the inmate tablet. It has been distributed to all inmates. It available to the public on the Sheriff’s Office’s website.
The CHS Staff Development team has included an additional ADA training for nursing staff focused on nursing workflow and documentation.
The CHS Quality Improvement team has initiated, and will continue as ongoing, an audit related to ADA process to include risk mitigation plans.
Budget Status: The Board approved the following:
- On November 3, 2015, the Board approved the addition of two Correctional Deputy positions, one Correctional Sergeant, and one Correctional Lieutenant to address ADA needs in the County jails and provide operational guidance through policy development and implementation for the Office of the Sheriff.
- FY 2016 Adopted Budget: The Board approved the addition of one Correctional Deputy positions to support, plan, and address ADA needs in the County jails for the Office of the Sheriff.
- On June 5, 2018, the Board approved a second amendment with Sabot Consulting relating to ADA compliance and policy review that increases the contract amount by $35,000.
- On May 21, 2019, the Board approved a third amendment with Sabot Consulting relating to ADA compliance and policy review that extends the contract for a 12-month period and increases the contract amount by $184,100.
- FY 2020 Adopted Budget: The Board approved the addition of a Quality Improvement Coordinator position and 2 part-time (0.5 FTE) Health Care Program Analyst Associate positions to conduct quality assurance and improvement reviews, monitor processes, and conduct studies in various areas, including compliance with the ADA for the Custody Health Services Department ($319,075).
- FY 2020 Adopted Budget: The Board approved ongoing funding in the amount of $355,000 to fund jail monitoring as required by the Consent Decree.
Source Report(s): Sheriff’s Jail Reform Plan
Responsible Department(s): Sheriff’s Office, Custody Health Services
Master List Nos.: 363
Review Date: FGOC reviewed on September 30, 2016.
Steps Taken: The Sheriff’s Office and Facilities and Fleet Department have been working to remedy items that need to be fixed. $11.6 million of funding has been allocated for study, design, and remodel and construction of various ADA issues in the jail facilities. A plan is being developed to scope out the cost and plan to make the necessary longer term fixes, which will likely involve cell reconfiguration, while other ADA modifications are already under way. The New Jail Replacement Facility was re-sited to the location where Main Jail South (MJS) once stood. The demolition of MJS has since been completed. The New Jail Replacement Facility is intended to be designed to maximize space and program access for inmates with disabilities and the goal is to have more than 3% of cells with ADA access. The RFQ and RFP for a design-build contractor were released in Spring 2020 with proposals due Fall 2020, and the Board cancelled the bids to build a new facility. The County is now in the process of examining the need for a new facility versus a non-custodial mental health treatment facility, or other option. Therefore, until this is determined, portions of this recommendation cannot be completed. On January 25, 2022, the Board of Supervisors approved Administration to move forward with the redesign efforts to build a New Jail Replacement Facility for 500 clients. On October 18, 2022, the Board of Supervisors approved Administration moving forward with a solicitation process for a consultant to refresh the program requirements for the New Jail Replacement Facility. The New Jail Replacement Facility is intended to address various needs, include maximizing space and program access for inmates with disabilities.
On September 25, 2018, the Board approved the recommendation by the Facilities and Fleet Department to award the construction contract for the Correctional Suicide Prevention Cells and ADA Improvements Project. Construction is scheduled to start December 2018. The scheduled completion date is 2024 due to phasing of work throughout the jail facilities.
As of February 2019, some Main Jail North and Elmwood construction updates conforming to the American with Disabilities Act have been completed and await final review by the Certified Access Specialist.
The Elmwood ADA Path of Travel Design Project is in construction with anticipated completion date of September 2023.
As of October 2023, Facilities and Fleet has completed 13 ADA/Suicide Prevention Design and Construction projects to date.
As of October 2023, Facilities and Fleet has 3 active ADA/Suicide Prevention construction projects. These projects are scheduled to be complete by Spring 2024. The projects include:
- CP16029 - ADA Repairs at Elmwood: 90% complete (June 2024)
- CP17030 – MJN/Elmwood Suicide Prevention Upgrades: 90% complete (June 2024)
- CP22003 - Elmwood Barracks 2: 50% complete (November 2023)
On September 12, 2023, the Board accepted the "Improve Elmwood ADA Path of Travel" Project as complete and authorized the Clerk of the Board to execute Notice of Completion Contract and Acceptance of Work on Contract of Project.
Budget Status: The Board approved the following:
- December 15, 2015: Board approved $500,000 for Main Jail and Elmwood ADA improvements.
- April 12, 2016: Board approved $2.4 million in funding for Main Jail North ADA repairs, $500,000 in funding for Main Jail North and Elmwood ADA assessments, and $1 million for Elmwood ADA improvements.
- November 15, 2016: Board approved $900,000 for Elmwood Women’s Housing ADA improvements.
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April 11, 2017: Board approved $1.5 million for Elmwood Men’s Housing ADA improvements.
- FY 2018 Adopted Budget: $3 million reserve for Main Jail ADA Repairs and $4.75 million reserve for Elmwood Complex ADA Repairs.
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October 3, 2017: Board approved transfer from Elmwood Complex ADA Repairs Reserve of $1.8 million to provide funding for the design phase for the American Disabilities Act (ADA) at Elmwood.
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FY 2019 Adopted Budget: The Board approved funding for Main Jail North and Elmwood ADA improvements in the amount of $18,500,000.
-
FY 2020 Adopted Budget: The Board approved $5 million for the Jail Capital Projects Reserve to support several jail renovations in progress and may also fund anticipated ADA capital projects.
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FY 2020 Adopted Budget: The Board approved the establishment of a Reserve for actions needed to implement the Jail Consent Decrees with one-time funding in the amount of $10,000,000 and ongoing funding in the amount of $3,000,000.
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FY 2020 Adopted Budget: The Board approved ongoing funding in the amount of $355,000 to fund jail monitoring as required by the Consent Decree.
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March 10, 2020: Approved the transfer of $6,500,000 from the Accumulated Capital Outlay – Jail Reserve to the Improve Elmwood ADA Path of Travel Capital Project.
As part of the FY 2021 Adopted Budget, the Board approved the following:
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Funding in the amount of $5,000,000 for the Jail Capital Projects reserve to support jail renovations in progress to implement jail reforms efforts.
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Budget augmentation in the amount of $6,000,000 to support the demolition of Old Main Jail South and other design and preconstruction activities for New Main Jail South.
- Eliminate the ongoing Reserve to Implement Jail Consent Decrees to preserve certain position in the Department of Correction to implement components of the consent decree ($2,000,000) and to fund an agreement to provide continuous physician coverage in the jail facilities ($1,000,000).
As part of the FY 2023 Adopted Budget, the Board approved the following:
- Funding in the amount of $3,000,000 from the Jail Reserve Fund for disability-related upgrades as part of the consent decrees.
On September 27, 2022: Board approved a transfer from the “Capital Program Holding Account” to Capital Project “Elmwood ADA Improvements” in the amount of $3 million. Additionally, the Board also approved an increase of $2.4 million in the supplemental work allowance for the Main Jail North and Elmwood ADA Improvements and Suicide Watch Cells Project contract.
Budget Status: No additional resources are needed.
Source Report(s): Sheriff's Jail Reform Plan
Responsible Department(s): Sheriff's Office, Facilities and Fleet
Master List Nos.: 414-416, 420-421
Review Date: FGOC reviewed on September 30, 2016.
Steps Taken: The Sheriff’s Office has purchased and configured ADA tracking software and is in the process of training end users. The County Executive’s Office has a contract with Sabot Consulting to monitor compliance for ADA mandates and facility modifications and to ensure timely implementation.
This Summarized Recommendation is pending review by the Office of Correction and Law Enforcement Monitoring (OCLEM) as part of the Jail Reforms Audit to assess the status of implementation.
Budget Status: No additional resources are needed.
Source Report(s): Sheriff’s Jail Reform Plan
Responsible Department(s): Sheriff’s Office
Master List Nos.: 417, 418
Review Date: FGOC reviewed on September 30, 2016.
Steps Taken: Comprehensive ADA training has been provided for all Custody and Custody Health staff by Sabot Consulting. When the updated policies are complete, Sabot Consulting will provide refresher training, and Riley Consulting will be providing training on the ADA tracking system.
This Summarized Recommendation is pending review by the Office of Correction and Law Enforcement Monitoring (OCLEM) as part of the Jail Reforms Audit to assess the status of implementation.
Budget Status: No additional resources are needed.
Source Report(s): Sheriff’s Jail Reform Plan
Responsible Department(s): Sheriff’s Office, Custody Health Services
Master List Nos.: 450, 451, 452, 456
Review Date: FGOC reviewed on September 30, 2016.
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- Americans with Disabilities Act Facility and Programs (ADA)
- Custody Hiring, Staffing, and Training (HST)
- External Oversight, Reporting, and Organizational Accountability (OVR)
- Grievance Policies and Procedure (GRV)
- Inmate Classification Policies and Procedures (CLS)
- Inmate Services (ISV)
- Jail Culture and Environment (JCE)
- Jail Facilities (JAF)
- Programs (PGM)
- Suicide Prevention (SUI)
- Use of Force (UOF)
- Staff Accountability (STF)
- Inmate Healthcare (HLC)