Orange County Grand Jury • 2016-2017 • Agency Response
Response to: Orange County General Funds

Sherifa Orange County Sheriff's Department Sheriff-coroner Sandra Hutchens Office of the Sheriff August 1, 2017*

Published: August 01, 2017 4 pages
Ver PDF original

Note: Missing finding numbers detected: F4, F5, F6, F7, F8, F9

Findings and Recommendations 7 findings

F1
The myriad definitions and nuances of what constitutes an "informant" have caused confusion and may have contributed to the current controversy and unnecessary erosion of trust. Response: Agrees with the finding OCSD incorporated specific and detailed polices relating to informant use. OCSD issued a department-wide policy in September 2014 addressing confidential informant use. In December 2014, the department issued policy specific to custody related informants. Both policies include language defining different types of informants and sources of information. These definitions are specific and reflect current statutory and case law.
No recommendations for this finding
F2
There is no structured jailhouse informant program operating in the Orange County Jails. The existence of informants in the Orange County jails does not constitute a program. The use of an in-custody informant is generally organic in nature, and narrowly focused. Response: Agrees with the finding As noted in the report there was no formal, structure or authorized jailhouse informant program. However, individual information sources were contacted and interviewed in the custody environment. Current policy and protocols have been established to ensure proper informant use within the jail system.
No recommendations for this finding
F3
Violations in discovery and/or Brady disclosure in the Dekraai case are limited to the actions of a few members of the OCDA and a few OCSD personnel. This does not represent a conspiracy between the OCSD and OCDA. Response: Agrees with the finding The OCSD recognizes their responsibility as it relates to discovery obligations and subpoena response. While investigations into potential Brady violations are in progress at various levels, there was never an arrangement with any prosecutorial agency to violate any constitutional law. OCSD has incorporated new protocols, tracking systems and policy that specifically address discovery and subpoena responses.
No recommendations for this finding
F10
Mistakes were made by personnel in the OCSD and the OCDA. In response to internal investigations, the OCSD has taken disciplinary action to the extent it is able to do so at this time. There appears to have been minimal consequences for personnel in the OCDA. Response: Agrees with the finding OCSD has a number of internal investigations open involving numerous department members to determine any policy violations. Most of these investigations have included document review and collection of relevant information. However, the investigations have been tolled pending the conclusion of the California Attorney General's criminal investigation.
Related Recommendations (1)
R10
The OCSD should improve supervisor training for newly promoted sergeants that includes demonstrated supervisory skills before rotation back to the field. Response: This recommendation has been implemented. OCSD requires all potential sergeants currently on the promotion list to attend a 40-hour "Custody Incident Management Course" that provides new sergeants the tools to supervise successfully in the jails. Once the employee is promoted to sergeant, they attend an 80-hour POST approved Supervisor Training. In addition, other training available to sergeants include Incident Command (ICS), critical incident training and various leadership training. Finally, prior to transferring back to operations custody sergeants attend "Sergeant Patrol Transition Course", which provides legal updates, investigation updates and critical incident training.
F11
Both the OCSD and the OCDA need updated technology and record keeping systems. Response: Agrees with the finding. OCSD has developed a new tracking system for case discovery throughout the department. The same type of system is being developed to track and respond to subpoenas. As it relates to records within the jail system, previously disparate filing and storage systems have been centralized.
No recommendations for this finding
F12
In spite of no official completed investigations, the OCSD has proactively made structural and organizational changes to address the issues that arose as a result of the informant controversy. Agrees with finding. Response: Specific organizational changes occurred with custody and the classification unit. The Special Handling Unit, previously staffed by Deputy Sheriff's assigned to custody/classification, has been The reorganization consisted of experienced investigative staff, including a reorganized. Lieutenant, Sergeant, Investigators and Investigative Assistants which formed the Custody Intelligence Unit (CIU). Individual operations or investigations that may have some type of potential custody informant nexus will be handled and documented by the CIU.
No recommendations for this finding
F13
The current promotion process in the OCSD that requires patrol officers to be reassigned to the jail contributes to a culture of inadequate supervision of long-term jail personnel. Disagrees with finding. Response: Newly promoted sergeants come out of all areas of the department including, training, investigations, Homeland Security and Field Operations (patrol). Sergeants receive POST required supervisory training and additional supervisor training that is department and custody specific. As it relates to the advanced investigative process of informant use within custody, the new Custody Intelligence Unit will be staffed by supervisors with specific background in this area. RECOMMENDATIONS:
No recommendations for this finding

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.