Law and Justice Committee The Law and Justice Committee had responsibility for oversight of the following County*

Recommendations 24

• R03-53
  EXPAND THE DUTIES OF THE PRE-TRIAL DETENTION REVIEW UNIT TO INCLUDE PROVIDING PRE-TRIAL PLEA REPORTS TO THE COURT.
• R03-54
  THE PRE-TRIAL DETENTION REVIEW UNIT SHARE INFORMATION WITH THE PUBLIC DEFENDER CONCERNING THE FINANCIAL SITUATION OF POTENTIAL PUBLIC DEFENDER CLIENTS.
• R03-55
  FILL TEMPORARILY VACANT DETENTION REVIEW OFFICER POSITIONS IN THE PRE-TRIAL DETENTION REVIEW UNIT.
• R03-56
  REVIEW THE POSSIBILITY OF EXPANDING THE PRE-TRIAL DETENTION REVIEW UNIT. 2002-2003 San Bernardino County Grand Jury Final Report PUBLIC ADMINISTRATOR/CORONER/ PUBLIC GUARDIAN BACKGROUND The office of Public Administrator/Coroner/Public Guardian is comprised of three separate agencies that serve different public needs. The current Public Administrator/Coroner was elected in 1982 and is now serving his sixth elected term. The Public Guardian acts as conservator for persons unable to manage their own affairs, and is appointed by the Superior Court. The Coroner oversees the Medical Examiners who perform the autopsies. Deputy Coroner investigators are responsible for all investigations pertaining to causes and manner of death. They are responsible for the identification of deceased and notification of the next of kin and safeguarding personal property of decedents. The Public Administrator is required by law to take responsibility for property belonging to persons who have died and assigned no executor or administrator. This office manages the estates of the deceased until their families assume responsibility. If not claimed by family, the estate will be disposed of at public auction. The Public Guardian is appointed by the Superior Court and acts as conservator for individuals not able to care for themselves, and arranges for custodial care of ill and elderly persons in nursing homes. The Public Guardian administers the estates of disabled or incompetent persons and coordinates legal and social services on their behalf. FINDINGS There are deputy coroners in each major city. All bodies are transported to the Coroner's office in San Bernardino for autopsy or storage. 2002-2003 San Bernardino County Grand Jury Final Report The main Coroner facility is inadequate. The microscope room and specimen pick-up facility double as one. Boxes with ashes of deceased were stacked 3-4 high on a desk. The autopsy room is permeated with an offensive smell. A mixture of odors of body fluids, tissue and other unknown sources are overwhelming. The ventilation system is poor and inadequate as compared to the Riverside County Coroner's facility, which was visited by this Grand Jury. A tour of the refrigeration room where bodies are kept revealed numerous problems. A terrible odor existed. The area was highly congested: 68 bodies were stacked 2 to 3 bodies to a table with no separation by shelving or "racks" as was observed at Riverside County. Freezer space is inadequate and the area needs ventilation. The Grand Jury reviewed 21 sections of the Coroner's manual and observed that 16 had not been updated since the 1980's. Personal estate items are poorly stacked and only separated by cardboard dividers, which are inadequate as boxes may become intermingled over time. Property is stacked 6-8 feet high, rising above the dividers. Individual items are not tagged, making it impossible to identify commingled items. Visits to other counties facilities found every item tagged with adhesive labels and individual "lots" kept together. Valuable property such as jewelry and firearms are collected and logged by investigators and taken to the Coroner's office for safekeeping. The warehouse staff collects all other personal property in bulk and maintains a separate inventory log in the warehouse. The Public Administrator has no itemized estate property inventory list showing all assets removed from the residence. The Riverside County Coroner/Public Administrator has an estate property inventory log, which lists all items individually and is distributed to the file of the deceased, the warehouse, accounting and witness. San Bernardino County has an inadequate tracking system to safeguard distribution of collected personal property. 2002-2003 San Bernardino County Grand Jury Final Report Personal property is kept 3-4 years. Only the Courts can authorize the disposal of property. Despite prior Grand Jury recommendations, it was observed that no corrective action has been taken. This has resulted in a deterioration of the overall operation of all departments of the Coroner/Public Administrator/Public Guardian's office. RECOMMENDATIONS
• R03-57
  CONDUCT A STUDY REGARDING ADDITIONAL SPACE NEEDS IN THE CORONER'S OFFICE.
• R03-58
  TAKE IMMEDIATE STEPS TO GREATLY IMPROVE CLEANLINESS OF THE MORGUE FACILITY. CONDUCT AN ENVIRONMENTAL TEST OF THE AIR IN THE AUTOPSY AND
• R03-60
  UPDATE POLICIES AND PROCEDURES MANUAL BY REVIEWING EVERY YEAR AND UPDATE AS NECESSARY, AS RECOMMENDED BY PREVIOUS GRAND JURIES.
• R03-61
  CREATE A MORE ACCURATE SYSTEM FOR RECORD KEEPING OF PERSONAL PROPERTY IN THE WAREHOUSE. SEPARATE THE PROPERTY OF DECEASED INDIVIDUALS FROM PROPERTY
• R03-62
  BELONGING TO THE PUBLIC GUARDIAN BY THE USE OF ADHESIVE LABELS OR PALLET RACKS. KEEP AN ITEMIZED PROPERTY INVENTORY LOG WITH EACH PROPERTY LOT, AS RECOMMENDED BY THE 2001-2002 GRAND JURY. LOG ALL PROPERTY AT THE TIME OF COLLECTION, PRIOR TO TRANSFER TO THE
• R03-63
  CORONER'S OFFICE. A COPY OF THE INVENTORY SHOULD BE KEPT AT THE PUBLIC ADMINISTRATOR'S OFFICE, IN ADDITION TO THE CORONER'S RECORD SO A "BACK-UP" IS CREATED. 2002-2003 San Bernardino County Grand Jury Final Report PROVIDE AN ANNUAL INVENTORY OF STORED ITEMS TO THE COURT FOR
• R03-64
  AUTHORIZATION AND DISPOSAL. 2002-2003 San Bernardino County Grand Jury Final Report LAW OFFICES OF THE PUBLIC DEFENDER BACKGROUND The Law Offices of the Public Defender of San Bernardino County provide reduced or no cost legal representation to persons charged with a crime who claim they cannot afford to retain their own attorney. The department budget for 2002-2003 was $17.7 million. Legal Assistance will be provided for an estimated 13,000 felony, 31,500 misdemeanor and 4,200 juvenile cases. The department has a staff of approximately 280 employees, including just over 100 attorneys. Members of the Grand Jury toured several County Public Defender branch offices, and interviewed representatives from Public Defender's offices in nearby counties. FINDINGS Financial Investigation of Potential Clients of the Public Defender The Public Defender is usually appointed to represent a defendant during arraignment, when the defendant claims that they cannot afford to retain private counsel. The defendant then pays a $25 fee, fills out a short form with name, address, social security number and phone number. At the end of the trial, defendants are supposed to attend a hearing to determine if they could have afforded a private attorney; however, in the vast majority of cases, judges simply waive the hearing and levy a small assessment, which often goes unpaid. The Public Defender conducts no investigation of any kind into its clients to determine if they are indigent and qualify for the Public Defender's services. The Public Defender can, in some instances, be appointed to represent defendants who are able to retain their own attorneys. Other counties take steps to assure Public Defenders are appointed only to represent defendants who are truly indigent. Los Angeles County defendants are required to fill out a one-page financial disclosure form to determine if they are genuinely indigent. Employees of the Public Defender in Orange County interview 2002-2003 San Bernardino County Grand Jury Final Report defendants prior to arraignment and appointment to ascertain, among other things, their financial situation. In San Diego County, the courts require defendants to fill out a financial screening questionnaire. While the Grand Jury has recommended in prior years that the Public Defender attempt to ascertain the financial situations of their clients, the Board of Supervisors response has been that it is illegal for the Public Defender to investigate its own clients. However, prior to having a Public Defender appointed, a County agency can investigate the defendant's financial status. The Probation Department's Pre-Trial Detention Review Unit investigates all persons charged with a crime in the County. This investigation often includes examining the defendant's financial status in an effort to determine his or her flight risk - specifically, whether or not the accused is currently employed. This information could easily be used to determine whether or not a person could afford to retain their own private attorney to represent them. However, there is no apparent communication between the Pre-Trial Detention Review Unit and the Public Defender. Facilities Members of this Grand Jury made the following observations during tours: The Barstow office space is insufficient for the Public Defender's needs. One attorney has an
• R03-65
  SHARE INFORMATION WITH THE PUBLIC DEFENDER CONCERNING THE FINANCIAL SITUATION OF POTENTIAL PUBLIC DEFENDER CLIENTS.
• R03-66
  THE PUBLIC DEFENDER DECLINE TO REPRESENT CLIENTS WHO CAN AFFORD TO RETAIN THEIR OWN ATTORNEY.
• R03-67
  EXPAND OR RELOCATE OVERCROWDED PUBLIC DEFENDER OFFICES.
• R03-68
  MAKE USE OF THE VACANT FORMER LAW LIBRARY SPACE AT THE FOOTHILL JUSTICE COMMUNITIES LAW AND CENTER (RANCHO CUCAMONGA COURTHOUSE). IMPROVE SECURITY BETWEEN THE PUBLIC AND EMPLOYEES' AREAS AT THE
• R03-69
  JUVENILE DIVISION'S CENTRAL OFFICE.
• R03-70
  THE COUNTY ASSUME CONTROL OF THE ADMINISTRATION OF THE INDIGENT DEFENSE FUND.
• R03-71
  REFRAIN FROM REDUCTIONS IN THE PUBLIC DEFENDER'S BUDGET WHEN SUCH BUDGET REDUCTIONS INCREASE COUNTY EXPENSES ELSEWHERE. 2002-2003 San Bernardino County Grand Jury Final Report ALTERNATE PUBLIC DEFENDER OFFICE BACKGROUND The County of San Bernardino is constitutionally mandated to provide legal counsel to persons charged with a crime who cannot afford to retain a private attorney. In the majority of cases, the county's Public Defender represents these indigent defendants. In some cases, however, the Public Defender cannot represent a particular defendant due to a conflict of interest. In most instances, conflicts of interest arise in cases involving multiple defendants or where a defendant is a witness in another case. When the Public Defender declares a conflict, the court appoints a private attorney at the County's expense. These court- appointed private attorneys constitute what is generally known as the Conflicts Panel. Under the direction of the 1995-1996 San Bernardino County Grand Jury, the Harvey M. Rose Accountancy Corporation conducted an audit of the County's indigent defense costs. This audit found that the Conflicts Panel was substantially more expensive, on a cost-per-case basis, than the Public Defender. The primary recommendation of the audit was that the County study the feasibility of establishing an Alternate Public Defender's office (APD). The APD would function the same as the regular Public Defender's office, but would be able to take cases on which the Public Defender had declared a conflict. The APD would be an entirely separate law firm with its own offices and records, physically separated from the Public Defender's office. Ideally, the APD's expenses and overhead costs would be roughly comparable to the Public Defenders, so their costs per case would also be about the same. This would be much less expensive than continuing to pay private attorneys on the Conflicts Panel. To date, however, the County has not conducted any studies on the feasibility of creating an Alternate Public Defender as a way of reducing indigent legal defense costs. FINDINGS In the 2000-2001 fiscal year, the County Public Defender represented indigent defendants charged with a total of 11,547 felonies, 26,893 misdemeanors, and 5,111 juvenile delinguency charges. These 56,433 cases were handled at a cost of $14.8 million. The Conflicts Panel represented defendants charged with 2002-2003 San Bernardino County Grand Jury Final Report approximately 4,800 felonies, 2,800 misdemeanors, and 2,600 juvenile delinquency charges. These 10,200 cases were handled at a cost of $9.4 million. On a cost-per-case basis, the Conflicts Panel is far more expensive than the Public Defender. Although the contract attorneys handled only 18 percent of all criminal defendants in the 2000-2001 fiscal year, they represented 39 percent of the County's total indigent defense cost. The average cost per case in that year for felonies was $615 for the Public Defender and $1,047 for the Conflicts Panel; for misdemeanors, it was $174 and $343, respectively. This cost differential represents a substantial drain on the County's financial resources. This problem is not unique to San Bernardino County. During the 1990's, a number of counties throughout the state created Alternate Public Defenders to reduce indigent defense costs. The first county to do so was San Diego in 1990. In its first year of operation, the Alternate Public Defender saved the taxpayers of San Diego County an estimated $1.7 million. Los Angeles County spent $56.6 million on indigent legal defense in Fiscal Year 1989-90. Although that county's equivalent of the Conflicts Panel represented only ten percent (10%) of the criminal defenses that year, it accounted for $26.6 million (47 percent) of the indigent legal defense costs. Los Angeles County followed San Diego County's lead in creating an Alternate Public Defender in 1993, on the recommendation of the Los Angeles County Grand Jury. Los Angeles County, concerned that judges might not appoint the Alternate Public Defender and instead continue appointing private attorneys at the county's expense, succeeded in lobbying the State Assembly to amend Penal Code Section 987.2 to require judges to appoint the Alternate Public Defender in cases where the Public Defender had declared a conflict of interest, in 1993 (AB 1170 – Epple). In 1994 Orange County's equivalent of the Conflicts Panel was costing nearly six times as much as the Public Defender on a cost-per-case basis. Faced with a serious financial scandal that sent the county into bankruptcy, the Orange County Board of Supervisors ordered the creation of an Alternate Public Defender to save money on indigent legal defense costs. In its first year of operation, the Alternate Public Defender of Orange County saved approximately $6.3 million, and was up and running within ten (10) days of its establishment. 2002-2003 San Bernardino County Grand Jury Final Report Additional cost savings in these counties have also been realized by pooling resources between the Public Defender and Alternate Public Defender where legally permissible. For example, combined training programs, sharing the costs of expert witness testimony and technical support. RECOMMENDATION
• R03-72
  COUNTY OF SAN BERNARDINO CREATE AN ALTERNATE PUBLIC DEFENDER OFFICE TO HANDLE THE LEGAL DEFENSE OF INDIGENT DEFENDANTS IN CASES WHERE THE PUBLIC DEFENDER HAS DECLARED A CONFLICT OF INTEREST AND BEEN REMOVED AS LEGAL COUNSEL. 2002-2003 San Bernardino County Grand Jury Final Report SHERIFF INCLUDING NEEDLES OFFICES OF THE SHERIFF AND PUBLIC DEFENDER BACKGROUND The following areas of the Sheriff's Department were reviewed or investigated:
• R03-73
  MOVE THE PUBLIC DEFENDER'S OPERATION IN NEEDLES INTO A PORTION OF THE 4,275 SQUARE FEET OF UNUSED SPACE.
• R03-74
  INSTALL A PHONE SYSTEM IN THE ATTORNEY/CLIENT INTERVIEW ROOM AT THE SHERIFF'S COLORADO RIVER STATION IN NEEDLES.
• R03-75
  INSTALL VIDEO ARRAIGNMENT EQUIPMENT IN NEEDLES TO REDUCE THE COST OF TRANSPORTING INMATES FROM THE WEST VALLEY DETENTION CENTER TO NEEDLES.
• R03-76
  USE THE GRANT MONEY REQUESTED FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT TO INSTALL A VIDEO CONFERENCE SYSTEM IN THE NEEDLES BRANCH OF THE PUBLIC DEFENDER'S OFFICE. 2002-2003 San Bernardino County Grand Jury Final Report INSPECTION OF PUBLIC PRISONS BY COUNTY GRAND JURY BACKGROUND All of the Grand Juries of San Bernardino County have, in the past, visited the State prisons within the County during their term of office. This Grand Jury will inspect one or more of the State prisons during its term. FINDINGS Penal Code Section 919(b) states: "(b) The Grand Jury shall inquire into the condition and management of the public prisons within the county." The word shall in Section 919(b) makes the investigation mandatory; therefore the Grand Jury must inspect the prisons within the County. The Grand Jury is the investigative arm of the Superior Court with jurisdiction to make recommendations as to the operation of County government. The Department of Corrections, which operates the State prisons, is an agency of the State government and the Grand Jury has no jurisdiction over a State department. There are many persons who see a necessity for a Statewide Grand Jury. 2002-2003 San Bernardino County Grand Jury Final Report Law requires that the Grand Jury is to inspect the State prisons but cannot recommend any changes or improvements as to their operation even though the County pays for the Grand Jury's inspection. The State Legislature can, by amending the Penal Code, give Grand Juries the authority to investigate and make recommendations to the Board of Corrections to which they would have to respond. RECOMMENDATION
• R03-77
  THE BOARD OF SUPERVISORS SEEK LEGISLATIVE CHANGES TO PENAL CODE SECTION 919(b) TO GIVE COUNTY GRAND JURIES JURISDICTION TO MAKE RECOMMENDATIONS REGARDING STATE PRISONS WITHIN THEIR COUNTY, AND REQUIRE THE STATE DEPARTMENT OF CORRECTIONS TO RESPOND TO THOSE RECOMMENDATIONS.