Sheriff-coroner Department County of Orange Sandra Hutchens Sheriff-coroner California Executive Command Staff Office*

R2

The Orange County Sheriff Department strictly adhere to the 1985 memorandum of understanding that the District Attorney investigate all in-custody deaths. Response: The recommendation has been implemented Since the John Chamberlain incident, about 20 jail related deaths have occurred. These deaths involved inmates who were in either OCSD custody or recently released from custody. Many of these deaths occurred in hospitals due to the nature of the inmate's medical condition. In each instance the Orange County . ORANGE COUNTY SHERIFF'S DEPARTMENT GRAND JURY RESPONSE THE STATE OF ORANGE COUNTY JAILS District Attorney's (OCDA) office was notified and conducted the investigation, with the assistance of the OCSD as set out in the Memorandum of Understanding between the OCSD and the OCDA.

R3

The practice of using inmate "shot callers" at any jail be abolished. Response: The recommendation has been implemented Orange County Sheriff Department Policy prohibits the use of "shot callers" to enforce inmate discipline. Additionally, the California Penal code §4019.5 prohibits such behavior. The OCSD has worked to reaffirm this policy throughout jail operations and is confident this practice will not be utilized in the future.

R4

The Orange County Sheriff Department discontinue providing booking charges to the public if such information would affect the safety of the inmate. Response: The recommendation has not been implemented but will be implemented in the future Per the California Government Code the public is entitled to information related to arrests, including booking charges. The OCSD provides booking information to individuals who make a request in person to our Inmate Records Division. This practice allowed Support Services to remove inmate charges from the internet while abiding by the California Government Code. The OCSD will review its current practices and update or implement a department policy to ensure individuals in OCSD custody are safe. A specific date for completion is not available at this time but it is anticipated that a policy review and any necessary changes will be completed

R5

The Orange County Sheriff Department annually compile and report statistics on all inmate-on-inmate sexual assaults. Response: The recommendation will not be implemented because it is not warranted Currently, the OCSD is not required to provide this type of information to any entity related to jail statistics reporting. Inmate on Inmate sexual assault reports are maintained within the OCSD records division and are available upon request.

R6

The Orange County Sheriff Department compile and report data on the recidivism rates for former inmates enrolled in in-custody rehabilitation programs. Response: The recommendation has not yet been implemented but will be implemented in the future The Inmate Services Division's Research Analyst will work with the UCI School of Criminal Justice Graduate program to develop appropriate and meaningful guidelines for gathering and analyzing recidivism data, as it is collected. We estimate it may take 9 to 12 months to develop criteria, analyze, and give a preliminary report on recidivism rates of former inmates enrolled in in-custody rehabilitation programs.

R7

Orange County Sheriff Department prohibit the personal use of all television sets and other electronic devices in all jail guard stations. ORANGE COUNTY SHERIFF'S DEPARTMENT GRAND JURY RESPONSE THE STATE OF ORANGE COUNTY JAILS Response: The recommendation has been implemented All televisions have been removed from Jail Operations in accordance with a directive issued to all Jail personnel. Additionally, the use of other electronic devices and the use of personal communications devices have been restricted.

R8

The Orange County Sheriff Department purchase two additional trained narcotics dogs. Response: The recommendation has not yet been implemented, but will be implemented in the future The use of the Jail Operations Canine Teams has shown to be a practical, safe, and efficient way of detecting narcotics. The canines have detected drugs that normally would have gone undetected and the program has had a positive effect on morale amongst the jail personnel. Because only three teams are assigned to Jail operations it would be beneficial to compliment the current staff with two additional teams. For this to occur, an analysis of cost, canine availability, and personnel availability would be required. A cost analysis has begun, the initial estimates are approximately $40,000.00 for the canine and vehicle and annual maintenance cost of $20,000.00. This does not include the cost and training for the handler. Once the cost analysis is complete, if approved a selection process for the handler along with subsequent training will be required. At this stage of the project, a timeframe for implementation cannot be accurately stated.

R9

The Orange County Sheriff Department hire a full-time computer instructor to staff the computer lab at the James A. Musick facility. ORANGE COUNTY SHERIFF'S DEPARTMENT GRAND JURY RESPONSE THE STATE OF ORANGE COUNTY JAILS Response: The recommendation has not yet been implemented but will be implemented in the future This type of position has traditionally been very difficult to find the appropriate candidate and could take up to 12 months to fill after the recruitment is authorized. In addition, analysis of available classroom space is in the process.

R10

The Orange County Sheriff Department purchase four additional walk-through metal detectors for the James A. Musick facility. Response: The recommendation has not yet been implemented but will be implemented in the future The use of metal detector screening devices would serve as an excellent supplemental tool to our already existing search methods. A proposal for the purchase of metal detectors has been submitted and is in the approval process. Once approved the items will be purchases and implemented throughout jail operations. At this stage of the project, a timeframe for implementation cannot be accurately stated.

R11

The Orange County Sheriff Department formulate a plan for the use of the James A, Musick as a temporary large animal evacuation site, for use in the event of a natural disaster such as fire or flood. Response: The recommendation requires further analysis A plan to evacuate large animals, during an emergency, to the James A. Musick Facility most likely would require coordination with the County of Orange Emergency Operations Plan and involve working with Emergency Management, ORANGE COUNTY SHERIFF'S DEPARTMENT GRAND JURY RESPONSE THE STATE OF ORANGE COUNTY JAILS Orange County Health Care Agency, and Animal Control. Areas of consideration would included, cost, feed, spread of disease, space, staffing, and animal abandonment. Because this assessment has not begun a timeframe for the analysis or subsequent implementation cannot be accurately stated. Currently, large animals are evacuated to the OC Fairgrounds. They have over 400 private stalls and have a payment scheme in place for such an event. For the OCSD to act as a large animal evacuation site an assessment would be required to evaluate the plausibility of an endeavor such as this.

R12

The Orange County Sheriff Department hire five Employment Specialist positions in the Orange County jails. Response: The recommendation has not yet been implemented but will be implemented in the future After the completion of the selection process, the first of these positions could be filled within the next few months. An additional recruitment is required to fill the remaining vacant positions. This type of position has traditionally been difficult to fill with the appropriate candidate and could take up to 12 months to fill after the recruitment is authorized.

R13

Orange County Sheriff Department install closed circuit television cameras in all "blind" areas of the jails." Response: The recommendation has not yet been implemented but will be implemented in the future ORANGE COUNTY SHERIFF'S DEPARTMENT GRAND JURY RESPONSE THE STATE OF ORANGE COUNTY JAILS The Board of Supervisors approved funding to purchase and install closed circuit television cameras throughout Jail operations. This project was started at the Theo Lacy facility and planned for phased completion. The first phase, consisting of CCTV equipment being installed in F, G, and H Barracks, has been completed and recording in these locations began July 2008. Currently, a facilities study is underway to ensure each Jail facility can accommodate the equipment associated with the installation of CCTV. It is anticipated that the project will move forward, upon completion of the study in March of 2009. This project will encompass all jail facilities and includes increasing the number of CCTV cameras and changing the equipment from analog to digital.

R14a

The Orange County Sheriff Department suspend the use of tasers in all situations where an alternative form of control can be effectively used. Response: The recommendation has been implemented Prior to this recommendation, the current practice of the OCSD during a use of force situation is to consider all alternatives before any actions are taken. Each incident of Taser use is evaluated before, during, and after to determine if the method of control used is appropriate for the situation. Prior to the deployment of a Taser, alternative methods are considered and when appropriate, utilized to gain control of an inmate who is exhibiting behavior that is inconsistent with jail rules and unsafe for the environment. During an incident where a Taser may be deployed an inmate is given an opportunity to comply with verbal commands and consideration is given to the use of control holds. If an inmate can be controlled with verbal commands and/or control holds that will not result in injury to the inmate or personnel involved, then that alternative is utilized to control uncooperative inmates. However, if an inmate's uncooperative behavior is violent ORANGE COUNTY SHERIFF'S DEPARTMENT GRAND JURY RESPONSE THE STATE OF ORANGE COUNTY JAILS and non-compliant with verbal commands and on scene personnel determine that the use of physical restraint methods such as control holds are impractical as they could result in injuries to the inmate or staff then the Taser is deployed in compliance with the department Taser use policy.

R14b

The Orange County Sheriff Department convene an independent panel of experts to examine the use of tasers as it relates to deaths after their use. Response: The recommendation will not be implemented because it is not warranted The U. S. National Institute of Justice has already impaneled a group of experts and recently released their interim report on this issue. In this interim report (June 2008) titled, Study of Deaths following Electro Muscular Disruption the panel explained in their findings several factors that may contribute to an individual's death after a Conductive Energy Device (CEDs) is used. They stated, "Although exposure to CED is not risk free, there is no conclusive medical evidence within the state of current research that indicates a high risk serious injury or death from the direct effects of CED exposure. Field experience with CED use indicates that exposure is safe in the vast majority of cases. Therefore law enforcement need not refrain from deploying CEDs, provided the devices are used in accordance with accepted national guidelines." Taser is the manufacture of the CED that is most used by law enforcement. The study did not observe any deaths occurring immediately after CED use that might suggest that the CED National Institute of Justice; Study of Deaths Following Electro Muscular Disruption: Interim Report/Jun 08 ORANGE COUNTY SHERIFF'S DEPARTMENT GRAND JURY RESPONSE THE STATE OF ORANGE COUNTY JAILS directly affected a suspect's heart rhythm. This does not rule out the possibility of such events but the frequency of such an event is very low2.

R14c

The Orange County Sheriff Department review the use-of-force policy that allows the use of tasers on persons who are already restrained. Response: The recommendation has been implemented Prior to this recommendation, the OCSD implemented an updated Taser policy that prohibits the use of Taser on a handcuffed or restrained person absent any other overt actions by the restrained individual. Specifically, section IV states: The Taser is prohibited from being used: On a handcuffed/secured prisoner, absent overtly assaultive behavior that cannot be reasonably dealt with in any other less intrusive fashion. If a person is handcuffed/secured and still attempting to hurt him/her self or others and cannot be controlled in any other manner a Taser may be appropriate to subdue this individual. The decision to use a CED (Taser) or another force option is based on the specific incident occurring, the resources available to control the individual, and the tactical judgment of the OCSD personnel at the scene.

R14d

The Orange County Sheriff Department compile and maintain records on the number of times an inmate is tased and the duration. National Institute of Justice; Study of Deaths Following Electro Muscular Disruption: Interim Report/Jun 08 ORANGE COUNTY SHERIFF'S DEPARTMENT GRAND JURY RESPONSE THE STATE OF ORANGE COUNTY JAILS Response: The recommendation has been implemented Prior to this recommendation, the OCSD implemented an updated Taser policy that requires collection of the duration and the number of times a person is Tased. This information is maintained for a period of two (2) years which is consistent with our records retention policy. All Taser operators or a Division designee are required to download all assigned Taser's to a Department maintained database. This Taser download documents all Taser activations, time of activation, and the duration of each activation. This information is centralized and available upon request. . . . . . .