Stanislaus County Civil Grand Jury Stanislaus County Sheriff’s Department Case 12-06c

Findings and Recommendations 2 findings

F1

The SCCGJ finds that the sheriff did not thoroughly and completely investigate violations to a standing court restraining order. This could be indicative of a lax attitude toward enforcing a restraining order within the Stanislaus County Sheriff’s Department.

Related Recommendations (1)

R1

The SCCGJ recommends the Sheriff’s Department institute a procedure to monitor multiple violations of a restraining order and give them a higher enforcement priority. Records of these violations should be available to a deputy in the patrol vehicle and continually updated. Multiple violations of restraining orders show disrespect for the law and could lead to consequences the restraining order was designed to prevent.

F2

Although B’s lack of full cooperation with the Sheriff’s Department on some matters is troublesome, the SCCGJ is of the opinion that this is not a basis to deny investigation and enforcement of a restraining order. These are separate issues. In this case a lack of proper enforcement has deprived both B and D equal protection under the law.

Related Recommendations (1)

R2

The SCCGJ recommends that the Sheriff’s Department evaluate the policy of no follow up investigation for misdemeanor offences, such as, but not limited to, “willful disobedience of any process order lawfully issued by a court”.

Additional Recommendations 1

These recommendations are not explicitly linked to specific findings.

R3

If appropriate conditions exist, a citation per Penal Code 166. (a) (4) should be issued and the case forwarded to the District Attorney with a proper investigation.

Agency Responses 2

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

County Sheriff

July 02, 2012 • 7 pages • 2 responses • Score: 0 (+0, 2, 0) View Details ▾

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2 responses to findings and recommendations

F1

The SCCGJ finds that the sheriff did not thoroughly and completely investigate violations to a standing court restraining order. This could be indicative of a lax attitude toward enforcing a restraining order within the Stanislaus County Sheriff’s Department.

Response: Disagree Partially Score: 0

There was one death in the prison this year. A 22-year old prisoner hung himself with bed sheets in one of the two man cells. The other prisoner claimed to be asleep at the time. The deceased had been put on suicide watch after his arrest, but after an evaluation by the medical staff, he was released to a regular prison cell. Response: The respondent agrees with the finding. For clarification, the facility is a jail or detention facility, not a "prison". F-2. The 2012 SCCGJ agrees with previous SCCGJ reports that the men's jail is an outdated and aging facility. The PSC on Hatch Road ...

F2

Although B’s lack of full cooperation with the Sheriff’s Department on some matters is troublesome, the SCCGJ is of the opinion that this is not a basis to deny investigation and enforcement of a restraining order. These are separate issues. In this case a lack of proper enforcement has deprived both B and D equal protection under the law.

Response: Disagree Partially Score: 0

The 2012 SCCGJ agrees with previous SCCGJ reports that the men's jail is an outdated and aging facility. The PSC on Hatch Road has a direct supervision design that allows better monitoring of prisoners. Response: The respondent agrees with the finding. For clarification, the Public Safety Center is located on Hackett Road. F-3. An exercise period of two 3-hour periods per week for prisoners does not seem to be adequate for the restricted space some prisoners are required to live in. This is especially true of prisoners that double up in cells designed for one man. Response: The...

County Sheriff

July 02, 2012 • 3 pages • 3 responses • Score: 0 (+0, 2, 0) View Details ▾

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3 responses to findings and recommendations

F1

The SCCGJ finds that the sheriff did not thoroughly and completely investigate violations to a standing court restraining order. This could be indicative of a lax attitude toward enforcing a restraining order within the Stanislaus County Sheriff’s Department.

Response: Disagree Partially Score: 0

The SCCGJ finds that the sheriff did not thoroughly and completely investigate violations to a standing court restraining order. This could be indicative of a lax attitude toward enforcing a restraining order within the Stanislaus County Sheriff's Department. Response: The respondent disagrees with the finding. Deputies acted appropriately and professionally in all cases reported by "Person B." Unless there's probable cause to believe a crime has been committed and/or all elements of the crime exist, deputies will not detain, cite or arrest. In these reported cases, there were no indepe...

R1

The SCCGJ recommends the Sheriff’s Department institute a procedure to monitor multiple violations of a restraining order and give them a higher enforcement priority. Records of these violations should be available to a deputy in the patrol vehicle and continually updated. Multiple violations of restraining orders show disrespect for the law and could lead to consequences the restraining order was designed to prevent.

Response: Unknown

Score: 0

The respondent agrees in part and disagrees in part with the recommendation. Multiple calls for service at the same location, alleged violations of court orders, reports filed by deputy sheriffs are all automated and electronically available from the mobile computers in the patrol cars. The Computer Aided Dispatch (CAD) system, the Integrated Criminal Justice Information Systems, (ICJIS) and restraining orders issued by the Court are entered into Department of Justice (DOJ) database systems, all accessible by deputies. Given current demand for our services that require an immediate priority re...

F2

Although B’s lack of full cooperation with the Sheriff’s Department on some matters is troublesome, the SCCGJ is of the opinion that this is not a basis to deny investigation and enforcement of a restraining order. These are separate issues. In this case a lack of proper enforcement has deprived both B and D equal protection under the law.

Response: Disagree Partially Score: 0

Although B's lack of full cooperation with the Sheriff's Department on some matters is troublesome, the SCCGJ is of the opinion that this is not is a basis to deny investigation and enforcement of the restraining order. These are separate issues. In this case, a lack of proper enforcement has deprived both B and D equal protection under the law. Stanislaus 250 East Hackett Rd. • Modesto, CA 95358 (209) 525-7216 • FAX (209) 525-7106 www.scsdonline.com STRIVING TO BE THE BEST . ? The Honorable Ricardo Cordova July 2, 2012 Page 2 of 3 Re: Response to Civil Grand Jury Report 12-06C Resp...

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

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