Gran Jurado del Condado de Orange

2020-2021

3 informes

From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (3)
Hallazgos & Recomendaciones 11 hallazgos
F1: There is a security risk at the Theo Lacy Facility where it is separated from the vacant Orange County Animal Shelter facility by a chain link fence.
Recomendaciones relacionadas (1)
R1: Construct a wall consistent with the existing wall, securing the area of the Theo Lacy Facility adjacent to the vacant Orange County Animal Shelter by June 30, 2022. (F1)
F2: Security at the Attorney Bonds Entrance area at the Central Men’s Jail is inadequate to prevent trafficking of contraband through contact visits.
Recomendaciones relacionadas (1)
R2: Install security booths and video surveillance cameras in the Attorney Bonds entrance at the Central Men’s Jail by June 30, 2022. (F2)
F3: The front desk at the main entrance of the Theo Lacy Facility does not provide enough separation between OCSD personnel and the general public.
Recomendaciones relacionadas (1)
R3: Construct an eight-foot-tall plexiglass shield to maintain security at the front desk entrance of the Theo Lacy Facility by December 31, 2021. (F3)
F4: Lack of mandatory COVID testing for jail personnel creates a high risk of infection to inmates and others.
Recomendaciones relacionadas (1)
R4: Require mandatory COVID testing for all OCSD Jail personnel, effective immediately. (F4)
F5: Due to the lack of trained OCSD personnel, the Intake and Release Center’s scanning device is not used consistently to prevent contraband from entering the facility.
Recomendaciones relacionadas (1)
R5: During the intake process at the Intake and Release Center all inmates should be subject to a full body scan to enhance security and reduce contraband coming into the jail, effective immediately. (F5)
F6: Orange County jail and detainee transportation systems lack computer integration with the Court holding facilities, creating a need for a hard copy trail of documents.
Recomendaciones relacionadas (1)
R6: Implement integrated software that allows the Court’s holding facility to communicate electronically with Orange County jails and detainee transportation by June 30, 2022. (F6)
F7: AB-109 reimbursements do not cover actual costs for Orange County inmates.
Recomendaciones relacionadas (1)
R7: Make all reasonable efforts to seek an increase in the daily bed rate for AB 109 inmates to cover OCSD actual costs by December 31, 2021. (F7) Orange County Health Care Agency/Correctional Health Services
F8: The Grand Jury has found the jails and facilities to be acceptable and in overall compliance with state and federal standards. Health Care Agency/Correctional Health Services
F9: CHS direct service staff have not received enough Crisis Intervention Training
Recomendaciones relacionadas (1)
R8: Train all direct service CHS staff in level 1 Crisis Intervention Training, effective immediately. (F9)
F10: Lack of mandatory COVID testing for CHS staff creates a high risk of infection to inmates and others.
Recomendaciones relacionadas (1)
R9: Require mandatory COVID testing for all CHS jail personnel, effective immediately. (F10)
F11: CHS and BHS have not integrated their electronic records, thus delaying and limiting their ability to share inmate information.
Recomendaciones relacionadas (1)
R10: Implement integrated software that allows communication and file sharing between CHS and BHS by June 30, 2022. (F11) RESPONSES The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report: §933 (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the
Hallazgos & Recomendaciones 6 hallazgos
F1: There is no clearly identifiable accounting of where all the Enforcement Services money received from Retail Adult-Use Cannabis licensing in accordance with Santa Ana Municipal Ordinance number NS-2959, section 13-203 was spent.
Recomendaciones relacionadas (1)
R1: The Orange County Grand Jury recommends that the Santa Ana City Council require an annual report specifically detailing all Retail Adult-Use Cannabis money spent each fiscal year. This report should be presented to the Santa Ana City Council and made public. This should be completed by December 31, 2021, for fiscal year 2020-21, and by September 30 following each fiscal year thereafter. (F1)
F2: The legalization of Retail Adult-Use Cannabis by the City of Santa Ana and the resulting increase in city revenue have allowed the city to significantly expand its youth services programs.
F3: There are multiple departments within the City of Santa Ana responsible for various aspects of Retail Adult-Use Cannabis oversight. The decentralized nature of the oversight within the City makes information difficult to obtain.
Recomendaciones relacionadas (1)
R2: The Orange County Grand Jury recommends that the City of Santa Ana designate an individual to oversee and provide centralized coordination of Retail Adult-Use Cannabis activity commencing January 1, 2022. (F3)
F4: The number of unlicensed cannabis dispensaries in Santa Ana has significantly declined since the business licensing of Retail Adult-Use Cannabis dispensaries.
F5: The Orange County Grand Jury did not receive evidence of an increase in crime as a result of the licensing of Retail Adult-Use Cannabis dispensaries.
F6: The Cannabis Community Benefits Program motivates local dispensaries to contribute funds and/or staff volunteer hours for the benefit of the City of Santa Ana.
Recomendaciones relacionadas (1)
R3: The Orange County Grand Jury recommends that the City of Santa Ana create a process to report to the Santa Ana City Council and the residents of Santa Ana detailed information about the participation of Retail Adult-Use Cannabis dispensaries in the Community Benefits Program by December 31, 2021 and yearly thereafter. (F6) RESPONSES The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report: §933 (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the
Hallazgos & Recomendaciones 11 hallazgos
F1: State, national,and international guidelines are not adequately addressed in the County’s distancing which areincompatible with the design of the EOC that the County operates and is Pandemic Influenza Preparedness Plan (see Appendix 1). addressed in the DORA.
Página 17
Recomendaciones relacionadas (1)
R1: Conduct an independent third-party audit of OCSD department reports submitted from March 2018 forward, to be performed by either the Orange County Office on (1) The respondent agrees with the finding. Independent Review or the Orange County Internal Auditor within 180 days from the (2) The respondent disagrees wholly or partially with the finding in which case, the response date of publication of this report. (F1, F2) shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. 2020-2021 Orange County Grand Jury 2020-2021 Orange County Grand Jury NN1111004466 2200--2211 GGrraanndd JJuurryy GGuutt SSeeccttiioonn FFiinnaall--RR11..iinndddd 4466 66//2233//2211 33::3300 PPMM Orange County Sheriff’s Department Evidence Booking Issue – Has it Been Resolved? Orange County Sheriff’s Department Evidence Booking Issue – Has it Been Resolved?
F2: Orange County Emergency Operations Plan’s classification of a pandemic as being “Unlikely” has caused the OCHCA to be underprepared for the current pandemic. Partnership Development
Página 17
Recomendaciones relacionadas (2)
R1: Conduct an independent third-party audit of OCSD department reports submitted from March 2018 forward, to be performed by either the Orange County Office on (1) The respondent agrees with the finding. Independent Review or the Orange County Internal Auditor within 180 days from the (2) The respondent disagrees wholly or partially with the finding in which case, the response date of publication of this report. (F1, F2) shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. 2020-2021 Orange County Grand Jury 2020-2021 Orange County Grand Jury NN1111004466 2200--2211 GGrraanndd JJuurryy GGuutt SSeeccttiioonn FFiinnaall--RR11..iinndddd 4466 66//2233//2211 33::3300 PPMM Orange County Sheriff’s Department Evidence Booking Issue – Has it Been Resolved? Orange County Sheriff’s Department Evidence Booking Issue – Has it Been Resolved?
R2: EMC to review the Orange County EOP Classification of a pandemic within one year In accordance with California Penal Code Sections §933 and §933.05, the 2020-2021Grand Jury from the date of this report to appropriately prioritize resources and to be prepared for requires responses from each agency affected by the findings presented in this section.The future pandemics. (F2) responses are to be submitted to the Presiding Judge of the Superior Court. 2020-2021 Orange County Grand Jury 2020-2021 Orange County Grand Jury NN1111004466 2200--2211 GGrraanndd JJuurryy GGuutt SSeeccttiioonn FFiinnaall--RR11..iinndddd 1166 66//2233//2211 33::3300 PPMM Orange County Pandemic Preparedness Orange County Pandemic Preparedness Report Based on its investigation described here, the 2020-2021Orange County Grand Jury has arrived 1 The nature of apandemic has a time scale that is unlike other emergencies documented in the at the following principal findings: County’s plan because this emergency is potentially long lasting. It requires isolation and social
F3: The OCHCA has not effectively used its resources to close the gaps in a) Pandemic Nearly half of Orange County is made up of residents with limited English language proficiency. Influenza Planning Program Work Plan and b) Public Health Emergency Preparedness TheGrand Jury reviewed the partnership and stakeholder contracts that OCHCA had in place Work Plan and c) Hospital Preparedness Work Plan. during the pandemic and found them lacking. The OCHCA and County management had not F4. The OCHCA's budget was not allocated relative to the likelihood of pandemic planning developed strong community partnerships per the CDC guidelines.Although the CARES Act and preparation. funds were available in March 2020, thehealth care agency did not enter into acontract with the F5. The OCHCA has not established comprehensive community-based task forces that respective community engagement services organizations until much later in 2020. This facilitate and support health care institutions in Orange County. restricted the flow of CARES Act funds that would have otherwise provided the needed PPE and F6. The OCHCA does not have the capability to provide translations in all “Threshold” testing services to these communities.In addition, the scope of these contracts was limited,and languages within Orange County in a timely manner. only specific aspects of the pandemic were addressed. The Grand Jury also learned that the F7. The OCHCA has underestimated the media requirements necessary to effectively
Página 17
Recomendaciones relacionadas (1)
R3: OCHCA to apply staff and effectively utilize the allocated budget to enable the county to §933.05 1 close known gaps in a) Pandemic Influenza Planning Program Work Plan and b) Public (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding Health Emergency Preparedness Work Plan and c) Hospital Preparedness Work Plan person or entity shall indicate one of the following: within one year from the date of this report. (F3, F4)
F4: Lack of system integration between Remedy and FBR necessitates duplicate data entry public agency subject to its reviewing authority, the governing body of the public agency shall and reliance on manual oversight to reconcile the DR# and evidence list between the two comment to the presiding judge of the superior court on the findings and recommendations systems. pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment
Página 47
Recomendaciones relacionadas (1)
R3: OCHCA to apply staff and effectively utilize the allocated budget to enable the county to §933.05 1 close known gaps in a) Pandemic Influenza Planning Program Work Plan and b) Public (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding Health Emergency Preparedness Work Plan and c) Hospital Preparedness Work Plan person or entity shall indicate one of the following: within one year from the date of this report. (F3, F4)
F5: A tour of the Property/Evidence Central Booking Facility is no longer included during within 60 days to the presiding judge of the superior court, with an information copy sent to the deputy training. This limits their understanding of the overall chain of custody process. board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the
Página 47
Recomendaciones relacionadas (1)
R4: OCHCA to establish a pandemic preparedness coordinating committee that represents all (1) The respondent agrees with the finding. relevant stakeholders in Orange County (including governmental, public health, (2) The respondent disagrees wholly or partially with the finding in which case, the response emergency response, education, business, communication, community-based and faith- shall specify the portion of the finding that is disputed and shall include an explanation of the based sectors as well as private citizens) and that is accountable for articulating strategic reasons therefor. priorities and overseeing the development and execution of Orange County’s operational (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the pandemic plan within 90 days from the date of this report. (F5, F9) responding person or entity shall report one of the following actions:
F6: The Cannabis Community Benefits Program motivates local dispensaries to contribute Communication funds and/or staff volunteer hours for the benefit of the City of Santa Ana. During the investigation of the Retail Adult-Use sale of cannabis in Santa Ana, the OCGJ noted
Página 67
Recomendaciones relacionadas (2)
R5: OCHCA to pre-stage, translate, and exercise County’s health media components (website and other social media) for easy activation within one year from the date of this report. (1) The recommendation has been implemented, with a summary regarding the implemented (F6, F8) action.
R6: OCHCA to establish a process to ensure all communication plan elements include diverse (2) The recommendation has not yet been implemented, but will be implemented in the future, language groups and website and media components are updated and current within one with a timeframe for implementation. year from the date of this report. (F6, F7, F8, F9) (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six RESPONSES months from the date of publication of the grand jury report. The following excerpts from the California Penal Code provide the requirements for public (4) The recommendation will not be implemented because it is not warranted or is not agencies to respond to the Findings and Recommendations of this Grand Jury report: reasonable, with an explanation therefor. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel §933 matters of a county agency or department headed by an elected officer, both the agency or (c) No later than 90 days after the grand jury submits a final report on the operations of any department head and the board of supervisors shall respond if requested by the grand jury, but public agency subject to its reviewing authority, the governing body of the public agency shall the response of the board of supervisors shall address only those budgetary or personnel matters comment to the presiding judge of the superior court on the findings and recommendations over which it has some decision-making authority. The response of the elected agency or pertaining to matters under the control of the governing body, and every elected county officer or department head shall address all aspects of the findings or recommendations affecting his or her agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment agency or department. within 60 days to the presiding judge of the superior court, with an information copy sent to the (d) A grand jury may request a subject person or entity to come before the grand jury for the board of supervisors, on the findings and recommendations pertaining to matters under the purpose of reading and discussing the findings of the grand jury report that relates to that person control of that county officer or agency head and any agency or agencies which that officer or or entity in order to verify the accuracy of the findings prior to their release. agency head supervises or controls. In any city and county, the mayor shall also comment on the
F7: AB-109 reimbursements do not cover actual costs for Orange County inmates.
Página 109
Recomendaciones relacionadas (2)
R6: OCHCA to establish a process to ensure all communication plan elements include diverse (2) The recommendation has not yet been implemented, but will be implemented in the future, language groups and website and media components are updated and current within one with a timeframe for implementation. year from the date of this report. (F6, F7, F8, F9) (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six RESPONSES months from the date of publication of the grand jury report. The following excerpts from the California Penal Code provide the requirements for public (4) The recommendation will not be implemented because it is not warranted or is not agencies to respond to the Findings and Recommendations of this Grand Jury report: reasonable, with an explanation therefor. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel §933 matters of a county agency or department headed by an elected officer, both the agency or (c) No later than 90 days after the grand jury submits a final report on the operations of any department head and the board of supervisors shall respond if requested by the grand jury, but public agency subject to its reviewing authority, the governing body of the public agency shall the response of the board of supervisors shall address only those budgetary or personnel matters comment to the presiding judge of the superior court on the findings and recommendations over which it has some decision-making authority. The response of the elected agency or pertaining to matters under the control of the governing body, and every elected county officer or department head shall address all aspects of the findings or recommendations affecting his or her agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment agency or department. within 60 days to the presiding judge of the superior court, with an information copy sent to the (d) A grand jury may request a subject person or entity to come before the grand jury for the board of supervisors, on the findings and recommendations pertaining to matters under the purpose of reading and discussing the findings of the grand jury report that relates to that person control of that county officer or agency head and any agency or agencies which that officer or or entity in order to verify the accuracy of the findings prior to their release. agency head supervises or controls. In any city and county, the mayor shall also comment on the
R7: Make all reasonable efforts to seek an increase in the daily bed rate for AB 109 inmates to cover OCSD actual costs by December 31, 2021. (F7)
F8: The Grand Jury has found the jails and facilities to be acceptable and in overall compliance with state and federal standards. Orange County Health Care Agency/Correctional Health Services
Página 109
Recomendaciones relacionadas (2)
R5: OCHCA to pre-stage, translate, and exercise County’s health media components (website and other social media) for easy activation within one year from the date of this report. (1) The recommendation has been implemented, with a summary regarding the implemented (F6, F8) action.
R6: OCHCA to establish a process to ensure all communication plan elements include diverse (2) The recommendation has not yet been implemented, but will be implemented in the future, language groups and website and media components are updated and current within one with a timeframe for implementation. year from the date of this report. (F6, F7, F8, F9) (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six RESPONSES months from the date of publication of the grand jury report. The following excerpts from the California Penal Code provide the requirements for public (4) The recommendation will not be implemented because it is not warranted or is not agencies to respond to the Findings and Recommendations of this Grand Jury report: reasonable, with an explanation therefor. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel §933 matters of a county agency or department headed by an elected officer, both the agency or (c) No later than 90 days after the grand jury submits a final report on the operations of any department head and the board of supervisors shall respond if requested by the grand jury, but public agency subject to its reviewing authority, the governing body of the public agency shall the response of the board of supervisors shall address only those budgetary or personnel matters comment to the presiding judge of the superior court on the findings and recommendations over which it has some decision-making authority. The response of the elected agency or pertaining to matters under the control of the governing body, and every elected county officer or department head shall address all aspects of the findings or recommendations affecting his or her agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment agency or department. within 60 days to the presiding judge of the superior court, with an information copy sent to the (d) A grand jury may request a subject person or entity to come before the grand jury for the board of supervisors, on the findings and recommendations pertaining to matters under the purpose of reading and discussing the findings of the grand jury report that relates to that person control of that county officer or agency head and any agency or agencies which that officer or or entity in order to verify the accuracy of the findings prior to their release. agency head supervises or controls. In any city and county, the mayor shall also comment on the
F9: CHS direct service staff have not received enough Crisis Intervention Training R9. Require mandatory COVID testing for all CHS jail personnel, effective immediately. (F10)
Página 109
Recomendaciones relacionadas (3)
R4: OCHCA to establish a pandemic preparedness coordinating committee that represents all (1) The respondent agrees with the finding. relevant stakeholders in Orange County (including governmental, public health, (2) The respondent disagrees wholly or partially with the finding in which case, the response emergency response, education, business, communication, community-based and faith- shall specify the portion of the finding that is disputed and shall include an explanation of the based sectors as well as private citizens) and that is accountable for articulating strategic reasons therefor. priorities and overseeing the development and execution of Orange County’s operational (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the pandemic plan within 90 days from the date of this report. (F5, F9) responding person or entity shall report one of the following actions:
R6: OCHCA to establish a process to ensure all communication plan elements include diverse (2) The recommendation has not yet been implemented, but will be implemented in the future, language groups and website and media components are updated and current within one with a timeframe for implementation. year from the date of this report. (F6, F7, F8, F9) (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six RESPONSES months from the date of publication of the grand jury report. The following excerpts from the California Penal Code provide the requirements for public (4) The recommendation will not be implemented because it is not warranted or is not agencies to respond to the Findings and Recommendations of this Grand Jury report: reasonable, with an explanation therefor. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel §933 matters of a county agency or department headed by an elected officer, both the agency or (c) No later than 90 days after the grand jury submits a final report on the operations of any department head and the board of supervisors shall respond if requested by the grand jury, but public agency subject to its reviewing authority, the governing body of the public agency shall the response of the board of supervisors shall address only those budgetary or personnel matters comment to the presiding judge of the superior court on the findings and recommendations over which it has some decision-making authority. The response of the elected agency or pertaining to matters under the control of the governing body, and every elected county officer or department head shall address all aspects of the findings or recommendations affecting his or her agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment agency or department. within 60 days to the presiding judge of the superior court, with an information copy sent to the (d) A grand jury may request a subject person or entity to come before the grand jury for the board of supervisors, on the findings and recommendations pertaining to matters under the purpose of reading and discussing the findings of the grand jury report that relates to that person control of that county officer or agency head and any agency or agencies which that officer or or entity in order to verify the accuracy of the findings prior to their release. agency head supervises or controls. In any city and county, the mayor shall also comment on the
R8: Train all direct service CHS staff in level 1 Crisis Intervention Training, effective Report Health Care Agency/Correctional Health Services immediately. (F9) 4
F10: Lack of mandatory COVID testing for CHS staff creates a high risk of infection to inmates and others. R10. Implement integrated software that allows communication and file sharing between CHS and BHS by June 30, 2022. (F11)
Página 109
F11: CHS and BHS have not integrated their electronic records, thus delaying and limiting their ability to share inmate information. 2020-2021 Orange County Grand Jury 2020-2021 Orange County Grand Jury NN1111004466 2200--2211 GGrraanndd JJuurryy GGuutt SSeeccttiioonn FFiinnaall--RR11..iinndddd 110088 66//2233//2211 33::3311 PPMM A Look Behind the Bars of the Orange County Jail A Look Behind the Bars of the Orange County Jail FINDINGS RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2020-21 Grand Jury In accordance with California Penal Code Sections 933 and 933.05, the 2020-21 Grand Jury requires responses from each agency affected by the findings presented in this section. The requires responses from each agency affected by the recommendations presented in this section. responses are to be submitted to the Presiding Judge of the Superior Court. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation described here, the 2020-21 Orange County Grand Jury has arrived at Based on its investigation described herein, the 2020-21 Orange County Grand Jury makes the the following principal findings: following recommendations: Adult Jail Facilities Adult Jail Facilities
Página 109