Suffolk County Sheriff’s Department - Finding 4

The Suffolk County Sheriff’s Department did not provide educational assessments to all sentenced inmates and could not provide signed participation refusal forms for sentenced inmates who chose not to attend recommended programs.

Overview

SCSD did not provide educational assessments to all sentenced inmates and could not provide signed participation refusal forms for sentenced inmates who chose not to attend recommended programs. We found issues with the educational assessments for the inmates associated with 43 (62%) out of the 69 bookings in our sample. Specifically, we found the following issues:

  • The sentenced inmates associated with 33 (48%) out of the 69 bookings in our sample did not receive an educational assessment. Of these 33 bookings, we found SCSD could not provide a reason that the sentenced inmates associated with 14 (42%) of these 33 bookings in our sample did not receive educational assessments.
  • We found that SCSD could not provide signed participation refusal forms from the sentenced inmates associated with 10 (14%) out of the 69 bookings in our sample, where the sentenced inmates did not have a high school diploma or equivalency and received an educational assessment with a test result below an eighth-grade reading level and they chose not to attend recommended programs.

By not following its policy of retaining refusal forms signed by sentenced inmates who declined to participate in academic programs, SCSD may be unable to demonstrate to the Parole Board that sentenced inmates who declined to enroll in required literacy programs were informed of their obligation to participate.

Authoritative Guidance

Section II of SCSD’s Academic and Vocational Arts Programs Policy S460 states,

Every person sentenced to the HOC shall be administered a standardized test of adults basic education (TABE) or other standardized test approved by the Department of Education (DOE) to assess the reading equivalency level of the individual. . . .

2.   Sentenced inmates with a high school diploma or high school equivalency diploma who test below the eighth (8th) grade reading level are required, on a space available basis, to participate in the functional literacy program for at least ninety (90) days.

3.   Inmates may refuse to participate in educational programs, except programs required by statute. Such refusals must be documented in writing (Form 460-1) by division staff and placed in the inmates’ institutional folder.

Reasons for Issue

SCSD officials stated the staff members overseeing the educational assessments failed to document sentenced inmates’ refusals or failures to appear for their educational assessment appointments. Regarding the lack of signed refusal forms, SCSD officials stated that, during the audit period, they did not follow agency procedures that required sentenced inmates to sign participation refusal forms when they refused to attend the recommended programs.

Recommendations

  1. SCSD should establish policies and procedures, including monitoring controls, to ensure the retention of documentation of sentenced inmates’ refusal to take educational assessments to determine the academic and/or vocational programs most suited to their needs.
  2. SCSD should establish monitoring controls to ensure that its policies and procedures are followed so that all sentenced inmates who receive an educational assessment score below an eighth-grade reading level and refuse to enroll in the recommended programs sign participant refusal forms.

Auditee’s Response

Since notification by the State Auditor’s office of this non-compliance, we have implemented a new process. Any individual who refuses educational assessments and/or programs will need to sign the required documentation. In the event that individual refuses to sign the form, SCSD will have a staff member note and document said refusal.

Auditor’s Reply

Based on its response, SCSD is taking measures to address our concerns regarding this matter. As part of our post-audit review process, we will follow up on this matter in approximately six months.

Date published: December 24, 2025

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