Use of Oleoresin Capsicum (OC) in Juvenile Detention Facilities in 2022

Independent Review of the Probation Department: Use of Oleoresin Capsicum in Juvenile Detention Facilities in 2022

In November of 2022, a new Executive Director joined the OIR.  After a meeting with Probation Department Chief Daniel Hernandez and his staff in early 2023, the OIR conducted a systemic review to examine the use of Oleoresin Capsicum (OC Spray) within the County’s juvenile detention facilities for calendar year 2022. The purpose of the review was to determine whether the Probation Department was complying with relevant statutes, regulations, and department procedures.

What the OIR found during its review is that the Department has robust policies and procedures in place that reflect current statutory limitations and regulatory requirements governing the use of OC in the juvenile detention setting. However, there is still some room for improvement in order to ensure that all staff deployments of OC are both legally justified and within department policy and procedure.   

This report contains the OIR’s analysis, findings, and recommendations related to the Department’s use of OC in juvenile detention facilities for the calendar year 2022, and its compliance with applicable statutory and regulatory authority. 

Download the Overarching Report and the Probation Department Response Below:

Overarching Report