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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
San Bernardino County Grand Jury
• 2014-2015
The work was found to have been completed consistently with City policies and procedures. a
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 7 findings
F1
The boring samples were not taken from the area of the excavation where the sewer line was to be installed.
F2
Performance of additional boring along the relocated pipeline and utilization of Dig Alert in the early stages of the project would have identified the concrete highway beneath the asphalt and the additional utility crossovers. Incorporation of this information into the initial bid documents would have eliminated the necessity of returning to the Board of Supervisors for the excessive overrun cost of the allocated budget.
F3
Accurate drawings were not available identifying crossover utilities.
F4
Parents of both the victims and the bullies are routinely contacted in a bullying situation. 2014-2015 San Bernardino County Grand Jury – Bullying 17
F5
Access to San Bernardino OffenderWatchⓇ is easy for computer users as it involves just one computer click from the San Bernardino Police Department home page; however, information is limited for users.
F6
The number of registered sex offenders provided on Department of Justice (DOJ) Megan’s Law website for the city of San Bernardino is a more complete list (640 on May 19, 2015) than the number of sex offenders on the San Bernardino Police Department OffenderWatchⓇ website (6 on May 19, 2015). 2014-2015 San Bernardino County Grand Jury – Registered Sex Offender Websites 105
F7
Aero Squadron members are complying with SBCSD policies regarding refueling of personal aircraft. 2014-2015 San Bernardino County Grand Jury – San Bernardino County Sheriff’s Department Aviation and Towing Investigations 117
Recommendations 21
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R14-71project. The original contract awarded by the Board of Supervisors to a contractor on February 25, 2014, was for $1,257,200.27. With approval of the additional requested funds, the revised cost for the project totaled $2,011,590.15. This amount constituted an approximate 73% cost overrun of the original contract. The average percentage range of overruns for previous Special District projects is four to eight percent. On August 14, 2014, the Grand Jury chose to investigate the reasons for this cost overrun.
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R15-01For future projects, the Special Districts Department personnel should ensure the boring soil sample locations specified in the contract be performed on the site where the actual excavation is to be conducted.
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R15-02The County of San Bernardino Board of Supervisors approve a measure that requires the Special Districts to have surveys conducted at reasonable intervals to update their existing utility drawings in order to reduce inaccurate information given to contractors.
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R15-03Dig Alert should be used by Special Districts in the preliminary scoping of all future underground projects as required by State law.
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R15-04All Administration, staff, and parents must consider bullying and maintaining a positive school climate as serious issues.
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R15-05Continue to improve a positive school climate and anti-bullying programs following the termination of the grant funds, and include the community and families in that effort.
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R15-06Promote and maintain programs that include parents, caregivers, and staff to combat bullying behavior.
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R15-07A review schedule of City of Colton’s Policies and Procedures should be established.
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R15-08Policies and Procedures should have the date adopted indicated on the item itself as well as the most recent review and approval date.
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R15-09City records should be stored in a secure “facility” that safeguards them in the event of a major disaster. Such “facility” may include off site facilities or “cloud” type storage. 2014-2015 San Bernardino County Grand Jury –City of Colton Governance 22
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R15-10Retention policies for computer backup media and hard copy media should be followed per the City of Colton retention policies.
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R15-11Establish a procedure that upon receipt of a business license for multi-family rentals, the property is automatically enrolled into the annual fire protection program.
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R15-12Combine the single-family and multi-family rental units inspection departments resulting in improved communication and cost effectiveness.
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R15-13Establish a procedure in which the application for a business license initiates a code inspection and Certificate of Occupancy before the issuance of a business license. All fees are to be paid at the time of applying for the business license.
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R15-14Modify the San Bernardino Police Department website so the public can click on a large icon similar in font and size to the Offender Watch icon so a more thorough access to records of registered sex offenders can be easily obtained. Also, the website should provide a warning to the public to check both databases as the Department of Justice (DOJ) Megan’s Law website has a more complete listing. COMMENDATION Fontana Police Department Commendation to Fontana Police Department for providing personnel and financial resources to maintain the Offender Watch program to ensure that the information is current and accessible to the public.
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R15-15Review and update Division SOPs for training personnel on accurate procedures.
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R15-16Accurately log all flight information on an independent computer based program. Information to include, but not be limited to: crew and passenger names, date and times of flights, flight’s purpose, Ride-Along waiver information, flight authorization, Hobbs numbers, and any mechanical problems noted.
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R15-17Maintain consistent Sheriff Department Policy and Procedures for all division personnel.
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R15-18Recognize the Aero Squadron for their dedication, volunteerism and adherence to division policy and procedures.
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R15-19Continue to monitor the towing issues
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R15-20Revise and update the SBCSD Manual and the TSAs.
Conclusions 4
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CL1 Page 76Inmate Grievances: Zero
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CL2 Page 49Citizen Complaints: Zero
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CL3 Page 49Major Incidents: Zero
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CL4 Page 76Table of Contents of the Manual (s) – Not Applicable DOCUMENT REVIEW INMATE GRIEVANCES/COMPLAINTS: TYPES RESOLUTIONS Zero Total Inmate Grievances/Complaints reviewed: Zero MAJOR INCIDENTS TYPES RESOLUTIONS Zero Total Complaints reviewed: Zero COMMENTS AND CONCERNS OBSERVED DURING THE TOUR: One area of concern was no documentation is maintained onsite of any inmate grievances, complaints or major incidents. If anything is reported, it is documented and goes to the inmate’s home detention center. A copy of the documents should reside at the point of the occurrence. AB109 QUESTION - Not Applicable 2014-2015 San Bernardino County Grand Jury – Detention Centers 68 * * * INSPECTION FORM * * * Please fill out those sections that apply to the facility you are inspecting FACILITY NAME: INSPECTION DATE: Glen Helen Rehabilitation Center August 27, 2014 FACILITY CAPACITY: 1,446 LAST BOARD OF STATE AND CURRENTLY: 1,223 COMMUNITY CORRECTIONS INSPECTION DATE: March 2013 ADDRESS: Telephone Number: (909)473-2511 18000 Institution Road Fax Number: (909)473-3633 San Bernardino, CA 92407 SITE TOUR -AREA INSPECTED/REVIEWED - (Please Check Areas Seen) QUALITY OF LIFE PROGRAMS PERSONS INTERVIEWED Physical Plan X Educational X Inmates X Meals/Nutrition X Vocational X Facility Manager X Mental Health X Community Services X Medical X Physical/Dental Health X Domestic Violence X School Staff X Religious Services X Victim/Gang Awareness Mental Health Staff X Visiting X Substance Abuse X Line Staff X Volunteer Involvement Other Food Services Staff X 2014-2015 San Bernardino County Grand Jury – Detention Centers 69 Any Additional Information/Notes: This facility has housing cells known as “blocks” with single and dual bunks for maximum security; dormitory units house 360 inmates each known as M-1 and M-2 minimum security. There is a women’s dormitory, which houses a maximum of 270 inmates in minimum security. A two story facility houses a maximum of 56 inmates in minimum and maximum security. This facility has an educational program known as INROADS (Inmate Rehabilitation through Occupational and Academic Development Systems) which provides academic, vocational and intervention classes. GENERAL INFORMATION What is the capacity of the facility? 1,446 What is the current number of pretrial inmates? 423 What is the current number of sentenced inmates? 800 Has the facility exceeded capacity since last year’s inspection? No What is the average length of detention? 617 Days What is the inmate classification system? Describe: The San Bernardino County Sheriff’s Department classification system has been centralized over the last 18 months. The Classification/Population Management Unit (CCU) does all the classification for the entire Detention and Correction Bureau. Inmates are classified during booking at West Valley Detention Center, Central Detention Center or High Desert Detention Center. The inmates are classified as a 1-7. Inmates classified as a 1 are the highest security inmates and 7 are the lowest. The other classifications are Protective Custody, Administrative Segregation and Unusual Behavior for inmates with mental disabilities. All the Type II detention center dorms and cells are rated for a certain classification of inmate. The Classification Unit can see where there is room for a particular inmate and send the inmate to any Type II detention center in the county. This method of classification has brought bureau-wide consistency and has helped manage the inmate population. In 2013 the San Bernardino County Sheriff’s Department Classification System was studied by professors at California State San Bernardino and validated as an accurate and safe classification tool. 2014-2015 San Bernardino County Grand Jury – Detention Centers 70 Number of weekend offenders? Currently there are zero Work Release inmates; 1,220 Weekender inmates; and 321 inmates on Electronic Monitoring. Number of inmate suicides in the last year? Zero Number of attempted suicides in the last year? Zero Number of deaths from other causes in the last year? Zero Numbers of escapes in the last year? Zero Date of last fire/emergency drill? Staff reports fire drills are impractical, but in an emergency, evacuations can be done in stages. There is a process that is followed and all emergency exits are clearly marked and posted. INDIVIDUAL CELLS/ROOM Condition of walls? Good, well maintained Personal possessions allowed and stored in cell/room (art, books, etc.)? Yes Graffiti present? Generally no, however, in the Discipline Area some graffiti was present. Ample bedding? Yes. All bedding is off the floor. LOCAL INSPECTIONS – Not Addressed STAFFING What is the staff to inmate ratio? The staff to inmate ratio varies, depending on the housing unit. For instance, Minimum 1 Housing Unit is capable of housing 360 inmates and employs three deputy sheriffs, which represents 120:1ratio. On the other hand, Glen Helen North is capable of housing 70 inmates and employs one deputy sheriff which represents 70:1 ratio. Does staff communicate in language that an inmate can understand? Yes, if an interpreter is needed, there is a contract in place to accommodate all languages. Languages are also available in Spanish, Finnish, Swedish, Polish and Vietnamese by staff. Diversity and gender of staff? There are numerous cultures on staff. There are 56 males and 14 females on the staff. 2014-2015 San Bernardino County Grand Jury – Detention Centers 71 Impression of staff/inmate interactions? Great working relationship with mutual respect and dignity. CONDITION OF THE GROUNDS Lawns, exercise area and equipment, asphalt, other: Excellent condition, the grounds were clean and well maintained. EXTERIOR OF BUILDINGS General Condition: paint, roof, drains, gutters, other: Good Safety and security including fencing, outdoor lighting. Fencing height increased to 14 feet, outdoor lighting was good. INTERIOR OF BUILDINGS Walls, paint, floors, drains, plumbing fixtures, air vents, windows, other: Good Condition of the interior of the building noting graffiti, peeling paint, unpleasant odors, or other signs of deterioration? Mild deterioration due to age in the bathroom areas. General cleanliness of the facility including windows, lighting, lockers, desks, conditions of the mattresses, bedding and pillows? Excellent Condition of sleeping room door panels? Good Temperature of living units and classroom? Overall good; Air conditioner in one wing was being repaired. If a court holding area is present in the facility, ensure access to toilet and drinking water? Not applicable Are there adequate supplies (books, paper, computers, etc.)? Yes Are cleaning fluids and chemicals labeled and safely stored? Yes Is the Material Safety Data Sheet (MSDS) available? Yes Weapons Locker present? Yes, located in the Administration Office. Recreation/sports equipment? In good shape Are the hallways clear? Yes Are the doors secured? Yes Propped open or closed? No 2014-2015 San Bernardino County Grand Jury – Detention Centers 72 Holding areas (cells/rooms) – (if present), is there access to drinking water and toilet? Yes Are there individual cells/rooms, or dormitories? Yes, all three types. Beds – Type of bed and is it off the floor? Off the floor bunks. Adequate lighting? Yes Adequate temperature? Yes air conditioned throughout ORIENTATION OF INMATES Are inmates oriented to rules and procedures? Yes. Upon booking, inmates are provided an orientation pamphlet outlining the facility rules and regulations. Each morning at 09:39 hours the Inmates Orientation Video is played over the facility television system. The video provides information on inmate rules, regulations and available programs. It will first be played in English and then Spanish. Are rules and grievance procedures posted? Yes. There is a laminated copy of the rules and grievance procedures posted on the wall at the end of each housing unit. Are there procedures for handling citizen and inmate complaints? Yes. Department policies require that a complaint form be issued upon request. The complaint is logged then sent to Internal Affairs. The complaint is then assigned for investigation. Are rules and grievance procedures understood by inmates? Yes. English and Spanish versions of the inmate rules and grievance procedures are provided. Other languages will be provided upon request. There is also an on call interpreter if needed. Inmates interviewed? No Number interviewed: Zero Comments: None MEALS/NUTRITION Is the kitchen area clean? Yes. Are knives and chemicals secured? Yes. The knives are tethered and inventoried by staff at the beginning, middle and end of each shift. The chemicals are secured by staff. 2014-2015 San Bernardino County Grand Jury – Detention Centers 73 Have the inmates working in the kitchen been trained? Yes. Some are trained prior to their incarceration. Others are trained by staff. Each inmate attends an 8 hour food handler’s class and receives certification. Have the inmates had a medical clearance/review before assignment? Yes. They are medically cleared before being assigned to any kitchen detail. Are meals served in the cell, dayroom or at a central cafeteria? Yes. Meals are served dependent upon inmate’s classification. Are inmates permitted to converse during meals? No Length of time allowed for eating? A minimum of 15 minutes unless they are considered “slow eaters” by the medical staff. PERSONAL APPEARANCE OF INMATES What is the appearance of inmates (dirty, unkempt, well groomed, etc.)? Well groomed Is the inmate’s appearance well-groomed? Yes Showers – frequency, privacy, maintained, supervised by staff? Yes Is facial hair allowed? Yes. Mustaches are to be trimmed at the side of the mouth not to extend over the upper lip. Beards and goatees are not permitted unless it is for religious purposes. Are there any reported assaults by inmates on inmates? Yes. An average of 12 per month. Condition of clothing (does the clothing fit, is it appropriate for the weather, etc.)? Yes PROGRAMS Is exercise inside or out? Outside How frequently is exercise offered? A minimum of 2 times per week. How much exercise time is each inmate offered? A minimum of 3 hours per week. Do men get more exercise time than the women? No. Are there clergy available to inmates upon request? Yes. Inmates may attend religious services or put in an Inmate Request Slip to speak to the facility Chaplain. 2014-2015 San Bernardino County Grand Jury – Detention Centers 74 Can a request for clergy be made for emergency reasons? Yes. Chaplains are on call for urgent benevolent or religious reasons. They deliver death notices or messages of a traumatic nature to inmates and or staff. Are there religious services? Yes. Inmates have the opportunity to participate in religious services and receive religious counseling. There is Bible study every Sunday. Catholic and non-denominational services provided. What faiths? There are volunteer chaplains available for any religion upon request. Are anger management and other applicable programs available? Yes. Anger Management, Parenting, Substance Abuse, and Marriage and Family Programs are available through the INROADS Program. What type of onsite health facility is available to inmates? There are exam rooms for sick calls. Medications are distributed as medically necessary. Are medical services available? Yes. Dental and X-rays are handled at West Valley Detention Center. How frequently is medical staff onsite? 24 hours/7 days a week – There is a minimum of one RN and one LVN on site for each shift and a total of 8 medical staff members. How long do inmates wait to be seen? Requests for services are responded to within 16- 24 hours and all urgent requests are seen immediately. Is a physician available by phone or on call? A doctor is at the facility twice a week for a total of 8 hours. A Nurse Practitioner is available 16 hours per week. There is also a doctor on call through Arrowhead Regional Medical Center 24 hours/7 days a week. What off-site hospital is used for serious health issues? Arrowhead Regional Medical Center Are mental health services available? Yes How frequently is mental health staff onsite? A Clinician is on site 5 days a week. A psychiatrist is on call. How long do inmates wait to be seen? Requests for services are responded to within 24- 48 hours. In emergency situations, nursing staff will assess mental health requests when mental health staff is not available. 2014-2015 San Bernardino County Grand Jury – Detention Centers 75 What type of onsite dental facility is available to inmates? Any dental treatment is held off the facility. Female inmates are transported to West Valley Detention Center and the males are transported to Central Detention Center. How are inmates transported to off-site facilities? The hospital transportation deputy sheriff will transport an inmate in a van and an ambulance is used in emergency situations. How is security handled for off-site visits? Inmates are handcuffed or shackled before being transported. A deputy sheriff will ride in an ambulance with an inmate or follow behind the ambulance to the hospital. Are vocational classes available? Yes. Numerous classes are available through the Inmate Services Division and INROADS. If so, what types? GED, Bakery, Auto Repair, Behavioral, Parenting, Culinary Is there a program to involve community volunteers? No DISCIPLINE OF INMATES How often is discipline enacted? As incidents require action. What is the range of discipline options? 2 to 30 days restricted activity. GRIEVANCES What are the most common types of grievances filled by inmates? Accusations against other inmates and requesting things Is there a record kept based on type and number? Yes TELEPHONE Do inmates have access to telephones and how often? Yes. Telephones are available in each dayroom area. They are available during regular dayroom hours. Inmates are allowed to make collect or prepaid phone calls utilizing their individual pin numbers. 2014-2015 San Bernardino County Grand Jury – Detention Centers 76 CORRESPONDENCE Is there a limited free postage for inmates without money? Inmates without funds are allowed two postage paid envelopes per week from a welfare bag. Are inmates aware that incoming and outgoing mail can be read? Yes. The Inmate Rules and Regulations Pamphlet states that mail is “subject to being scanned, read and inspected.” How are Confidential correspondences to attorneys, legislators, CSA, etc., handled? Legal mail is inspected for contraband, but not read. Outgoing mail is sealed by the inmate after the inspection. Incoming legal mail is opened by the inmate in front of a deputy sheriff and inspected. VISITING Is there adequate space, convenient times or accommodations to family’s work schedule, etc.? Yes. Visiting is held 5 days a week (not Monday or Tuesday) and the last visit is 7:20 PM. Are there provisions for special visits with attorneys/clergy? Yes. They must be cleared through Inmate services and can be allowed to visit at separate times. Does staff supervise visits? Yes. Do all inmates have access to visiting? Yes. If not, give reason: When an inmate is on discipline, he or she cannot receive visits. The average discipline is 2 to 3 days, but maximum (which is rare) can be up to 30 days. An inmate on discipline can receive official visits. EDUCATIONAL PROGRAMS College level/high school/other: General Education Diploma Name of school district providing educational services: California State University at San Bernardino and Chaffey College. Teachers – number of full-time, number of substitutes: There are 6 full time teachers, 1 on call substitute and 8 interns. Number of inmates in educational program: Monthly average 180 males and 63 females. 2014-2015 San Bernardino County Grand Jury – Detention Centers 77 Are activities, course work and home work assigned by teachers? Home work is given and required each day. There are also individual and group assignments. Relationship between educational program staff and facility staff: Excellent. The inmates trust the teachers. The teachers enjoy being a mentor. Atmosphere of classroom: Comfortable Are these adequate supplies (books, paper, computers, etc.)? Yes JUVENILES – Not Applicable CONDITIONS OF SECURE DETENTION OUTSIDE A LOCKED ENCLOSURE (e.g., CUFFING RAIL) – Not Applicable CONDITIONS OF NON-SECURE DETENTION – Not Applicable POLICIES AND OPERATIONS MANUALS Inmate Grievances: 16 (see page 11) Citizen Complaints: Zero Major Incidents: Zero Table of Contents of the Manual(s): Have copies of Emergency Operations Manual and Detention and Corrections Bureau Policy and Procedures 2014-2015 San Bernardino County Grand Jury – Detention Centers 78 DOCUMENT REVIEW - INMATE GRIEVANCES/COMPLAINTS: TYPES RESOLUTIONS Miscalculated release date Audit completed on booking jacket. All calculations correct. Cancelled visit Unfounded - inmates switching ID cards to obtain visits. Visits reinstated after investigation. Undelivered magazine Magazine determined to be acceptable. Delivered to inmate. Accusation of being involved in an assault. Inmate was a victim of assault. Inmate not treated for pre-existing hernia. Inmate was referred for treatment Inmate did not receive a Satanic Bible Satanic Bible provided to inmate. Inmate requesting early release. Inmate not eligible for early release due to criminal history. Accusations of stolen property after booking. Property was in a vehicle that was impounded upon arrest. He was advised how to get his property out of the tow yard. Charged for medical co-pay but not seen by Money was refunded. medical staff. Inmate requesting a Bible although the library ISU was able to find an extra Bible and gave is closed. it to the inmate. Inmate was unable to finish personal phone Inmate out in excess of Title 15 regulations. call when deputy sheriff closed the dayroom. Inmate requested to withdraw the grievance. Inmate moved from minimum to maximum Inmate classification changed after a housing unit. discipline. Missing food from diet tray. Culinary staff advised. Inmate advised to immediately notify staff if the issue continues. Improperly adjusted release date. Credits recalculated. Not enrolled in INROADS Classes Classes were filled and inmates with earlier release dates were enrolled first. Did not receive library book. Unfounded - library being updated. Total Complaints reviewed: 16 MAJOR INCIDENTS TYPES RESOLUTIONS None Total Complaints reviewed: Zero 2014-2015 San Bernardino County Grand Jury – Detention Centers 79 COMMENTS AND CONCERNS OBSERVED DURING THE TOUR: Start tracking the success of the INROADS onsite training following release of the inmates. No booking is done onsite; booking is conducted at West Valley Detention Center. Sentenced inmates from State facilities roll their bedding up during the day. Shower areas throughout the facility need painting. Glen Helen North – San Bernardino County Sheriff’s Department/San Bernardino County Fire Department partnership program has a capacity of 96, currently has 45 inmates. This activity has just been implemented; it bears a lot of potential and needs to be watched in the future. Female inmates handle the inmate visitation request call center for all county detention centers. The 1:120 ratio between staff and inmates is problematic. AB109 QUESTIONS (Early release from state facilities to county facilities due to realignment policies) How has AB109 impacted the overall operating of this facility? (i.e. staff, workload, security, operating procedures, and training) Special diet requests, grievances and sick call all increased. Have the facility operating costs changed since implementing AB109? If so, have funds been available to cover these expenses? Funds are tight, and staffing with additional Sheriffs are the major concerns. Explain the procedure for determining how inmates are selected for early release? All the early releases are done through the Classification Population Management Unit (CCU). Every Monday a list of sentenced inmates is compiled by SBSD Technical Services Unit. The number of days varies depending on the number of inmates that need to be released to bring the inmate population under the population cap for all Type II facilities. The inmate lists are given to all Type II facilities and all the inmates booking jackets are reviewed. The inmates must be at or under the designated days determined by CCU. The inmate’s current charges, criminal history and past convictions are checked to see if they 2014-2015 San Bernardino County Grand Jury – Detention Centers 80 meet the early release criteria (see release criteria). The lists with all the inmates who qualify for early release are sent to the Lieutenant at CCU and he determines how many inmates need to be released that week and how many days early. The early release orders are sent out on Thursday so the inmates will be out of custody for the weekend. Under CCU there are six full time release officers who work seven days a week. Before the inmate is arraigned, they review all inmates booked for specific charges, review their criminal histories and conduct an interview with the inmates. If they determine an inmate is safe for release, they release the inmate on his/her Own Recognizance (OR) with a date to appear in court. In 2013 they released 5,736 inmates and as of the Grand Jury’s visit in August 2014, they have released 3,660 inmates early. SBSD is also preparing to OR Post Arraignment inmates with the cooperation of the courts, District Attorney and Public Defenders’ Office once the system for OR is in place. Is there anything else you would like the Grand Jury to know about AB109 and the impact it has had on your facility? The Sheriff to inmate ratio is a concern, which requires additional funding. 2014-2015 San Bernardino County Grand Jury – Detention Centers