Grand Jury Report 2012-2013

Recommendations 12

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  The 2012-2013 Merced County Civil Grand Jury recommends that the VEEP collaborative group includes the Sheriff’s Department.
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  It is recommended that the video-visitation system be put in place to comply with the regulatory minimums. COMMENDATION The Sheriff’s Department should be commended for their efforts to enhance and upgrade the booking system for increased efficiency. DISCLAIMER Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). This report was issued by the Grand Jury with the exception of two members who were recused due to a potential conflict of interest. Those jurors were excluded from all parts of the investigation, including deliberations and the making and acceptance of this report. MANDATED ANNUAL INSPECTION IRIS GARRETT JUVENILE CORRECTIONAL COMPLEX SUMMARY Members of the 2012-2013 Merced County Civil Grand Jury toured the Iris Garrett Juvenile Justice Correctional Complex and found it to be clean, well maintained and managed. Minors are well supervised and provided classes to help them complete their high school education. Because the juvenile court is located on the premises, cases proceeding through the system can be handled efficiently and most are completed within a month. INTRODUCTION/BACKGROUND The 2012-2013 Merced County Civil Grand Jury toured the Iris Garrett Juvenile Justice Correctional Complex as mandated by California Penal Code, Section 919(b). METHODOLOGY The Civil Grand Jury met with the Chief Probation Officer, Assistant Chief Probation Officer, and an incarcerated minor. The Civil Grand Jury then toured the complex. DISCUSSION The Chief Probation Officer briefed the Civil Grand Jury members on the procedures of the juvenile court system. All juvenile delinquency court cases in the county are processed through this courtroom. The assigned judge presides over hearings of minors who have been charged with the commission of crimes within the meaning of the California Penal Code and governed by the California Welfare and Institutions Code and Title 15 (Delinquency). Petitions (the document that charges a minor with a criminal offense) are filed within forty-eight hours and a detention hearing is held within twenty-four hours of the filing. Most cases are completed within a month. The Juvenile Court processes an average of twenty cases per day. Welfare and Institutions Code 707(b) classifications allow a minor to be charged as an adult for serious offenses. At the time of the tour the population of the facility was seventy-one minors, which included six females and sixty-five males. Total capacity at the complex is 120. A medical doctor is on call and is at the complex on Wednesdays and Saturdays. There is also a mental health doctor assigned to the complex. A Registered Nurse is present for the day shift and a Licensed Vocational Nurse is present for the swing shift. If a medical emergency arises during the night shift, the nurse from the John Latorraca Correctional Facility located next door can be called. All medications are secured in a locked room with locked cabinets. If daily medication is required the nurse takes the medication to the minor. The complex has a "safety cell" for minors who may need to be restricted to prevent them from hurting themselves or others. Continuing educational classes are provided for all minors, as well as vocational and Regional Occupational Programs (ROP). When released from custody, those minors who have not completed their education will continue their education at the Bear Creek Academy in Merced County. COMMENDATION The 2012-2013 Merced County Civil Grand Jury found the complex to be very clean, maintained and well managed. DISCLAIMER Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). MANDATED INSPECTION MERCED COUNTY SHERIFF’S DEPARTMENT MAIN JAIL FACILITY SUMMARY The 2012-2013 Merced County Civil Grand Jury found that this facility was clean and well-functioning and the staff conducted operations in a professional and efficient manner. INTRODUCTION/BACKGROUND The 2012-2013 Merced County Civil Grand Jury toured the Sheriff’s Department Main Jail facility located at 700 W. 22nd Street, Merced, CA as mandated by California Penal Code, Section 919(b). METHODOLOGY The 2012-2013 Merced County Civil Grand Jury toured the Merced County Sheriff’s Department Main Jail facility. The Civil Grand Jury took two tours of the Main Jail facility. Both tours were conducted by a veteran Sergeant who provided information on the overall operations of the facility. Areas toured included the control center, booking, medical, sobering cell, kitchen, laundry, administration segregation unit, interview rooms, and the video arraignment room. DISCUSSION The Main Jail’s maximum capacity is 192. As of April 25, 2013 the population of this facility was 156. The control center is managed by an officer or trained civilian twenty- four hours a day. All officers on duty are trained to man the control panels. One person mans the control center and is relieved by another officer for breaks. This officer/civilian also answers phone calls from the public. The control center monitors both the inside and around the perimeter of this facility. The minimum staffing level is six. Shifts are usually one Sergeant and five officers. Medical staff is on premises twenty-four hours a day. The facility wasn’t built for long term inmates. There hasn’t been an escape from this facility since the late 1990’s. AB109 transfers responsibility for supervising specific lower level inmates and parolees from the California Department of Corrections and 22 Rehabilitation (CDCR) to the counties. AB109 allows non-violent, non-serious, and non- sexual offenders to serve their sentences in county jails instead of state prisons. The facility cannot go over the maximum inmate capacity because it has a federal cap. When close to capacity, inmates are transferred to the John Latorraca Correctional Center (JLCC) or released. Anyone arrested by an outside agency is brought into this facility through the intake area and booked, except females and arrestees brought in by the California Highway Patrol (CHP). Females are taken to JLCC and the CHP can book at JLCC or Los Banos. Depending on their classification and charges the arrestee will either stay at the Main Jail or be transported to the JLCC. The booking area is manned by whoever is assigned to intake and is available at the time someone comes in to be booked. Intake assignments have varied duties such as booking, block officer, roof duty, etc. Booking is started by putting information into the system provided by the arresting officer. The arrestee is brought to the window to finish the booking process. There are two windows for booking. Bookings per day can vary but average about twenty to twenty two per day. Day shift is busier than weekends because they include court remands. Bookings take about one hour on average. The Sheriff’s Office books and releases from this facility. Staffing is down because of budget cuts. The Civil Grand Jury viewed the interview rooms where inmates can talk to their counsel; sometimes these rooms are used to house an inmate that can’t get along with others. On occasion overcrowding causes insufficient space for counsel interviews. They can either wait or talk to their clients at the courthouse. There is no time limit on how long counsel and an inmate can talk between 7:00 a.m. and 10:00 p.m. A doctor comes in and reviews the medical files to determine who needs to be seen. This doctor is also on call. There is a nurse practitioner that holds sick call. A dentist comes in every two weeks to provide minor dental work. Medicine is in a locked cabinet. Medical staff is on premises twenty-four hours a day. Minimum requirement is a Registered Nurse (RN). There is usually an RN and a Licensed Vocational Nurse (LVN) on duty. If there is an emergency, the officers on duty can move inmates from a cell block. If the whole facility needs evacuating they call for mutual aid from other agencies such as the Merced Police Department. Officers can’t carry lethal weapons in the facility. They can carry pepper spray, batons, and Tasers. Budget cuts have reduced personnel, which results in overtime. Shifts are seven a.m. to three p.m., three p.m. to eleven p.m., and eleven p.m. to seven a.m. Officers can pull a double shift but cannot work more than two doubles in a row. It is mandatory that they 23 take at least one of their two days a week off. If working a double shift, during the second shift they make sure that they are working an assignment where it is constantly moving and where it is not required to stay past those sixteen hours. A ranking officer noted the impact that AB109 is having on being able to keep criminals in jail. He said, “It’s like having a revolving door at the booking station and criminals are beginning to catch on that they won’t be put behind bars for certain crimes.” The facility was built for minor crimes and probation violations, not for long term inmates. Average stay of an inmate at this facility is six to eight months at the minimum. The majority of inmates at this facility are not sentenced. Booking:  Inmate is brought into the intake area and the arresting officer completes a probable cause arrest sheet. (This states how the officer came into contact with the arrestee and what they were arrested for.) The probable cause information is reviewed by a judge.  A cursory search is completed. All items taken from the arrestee are logged and put into a bag.  A Sheriff’s officer enters the intake area and reviews the probable cause form and the property that has been placed in the bag.  The arrestee is brought into the facility and another cursory search is performed.  All paperwork is given to the booking clerk.  The arrestee is asked a battery of questions: 1. Medical issues and if they are taking any medications. 2. Have had any alcohol to drink or taken any street drugs within twenty-four hours. Depending on their answer, medical staff may be called to clear the arrestee before they can be booked. Ninety percent of the time medical staff has to clear the arrestee. 3. Current or former gang affiliation.  If their blood pressure is too high, have a medical condition, or are too drunk they may not be accepted for booking. The arresting officer has to take them to a hospital to get cleared.  The arrestee must walk into the jail on his/her own; they can’t be assisted by the officer. Once the above process is completed then the inmate is booked.  The intake officer prepares what is called a global jacket for each inmate.  The global jacket contains the name of the inmate, height, weight, tattoos, address, gang affiliation, scars, marks, etc.  The intake officer lists the booking details, what shift the inmate was booked on, time, misdemeanor or felony, outstanding warrant, the arresting officer, where they were arrested, charges, and property. 24  Release notification to arresting officer or victim, if requested, can also be included in such cases as domestic violence. Generally there is not a release on domestic violence cases, but the inmate can get bailed out. The booking system will not clear the inmate out of the facility if all notifications requested have not been performed.  Classification staff determines where the inmate will be housed in the facility. Sobering cell: Medical staff evaluates if an inmate needs to be placed in a sobering cell. Once in the sobering cell they are observed. Officers have to check on the inmate in this cell twice an hour. The cell floor is padded. At a minimum most inmates in the sobering cell are there six hours, but they have been there up to fourteen or fifteen hours depending on level of intoxication. They are re-evaluated before they are placed in a general cell. There can be more than one person in the sobering cell at a time. Inmates are placed in a holding cell, if they are not in need of any medical intervention. Once inmates are classified they go to their cells in this facility or are transported to the JLCC. Transportation is usually once a day on the weekends and six to nine times a day during the week. Inmates that are scheduled to go to court during the week from the JLCC are transported to the Main Jail facility, placed in the general holding cells (if they can get along) and from there are bused over to the court. Holding cells at the Main Jail are broken down into general population, victim potential, protective custody and women. Inmate worker area: Food comes from the JLCC and the inmate worker crew sets up the trays and collects and washes the trays before they are sent back to the JLCC. Inmates on the crew are determined by the classification officers and are inmates that can get along with others. They have a day room with a TV and a microwave where they can eat and take a break. They have separate sleeping quarters. The inmates know their job assignment and are available on a twenty-four hour basis. They also do interpreter service, laundry, clean cells and floors, clean arresting officers’ cars and prepare kits and boxes for incoming inmates. They do not have physical contact with other inmates. An officer is always present in the inmate work area. A Tier Tender is the title assigned to the inmate worker on each cell block. Visitation is one hour per week on the weekend by two people that the inmates place on their visitation list. Conversation is recorded for facility security and officer and inmate safety. It is not monitored, but if there is a security or safety issue it can be reviewed. Visitors have to go through a criminal history background check. Before entering the visiting area they need to have a valid ID card, no outstanding warrants, no felony record, not have been arrested in the last five years, no current restraining orders, or ever had a drug arrest. If under the age of eighteen they must be accompanied by a parent or guardian who must show proof that they are the parent or guardian. The Sheriff can grant special visits but it is on a case by case basis. Holiday and summer seasons usually see more arrests of a domestic violence nature. The inmates are required to show their ID for medication and commissary purchases. The arrestee is allowed to make three completed phone calls when they are first booked into the facility. A wall phone is provided for them. DISCLAIMER Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). This report was issued by the Grand Jury with the exception of two members whom were recused due to a potential conflict of interest. Those jurors were excluded from all parts of the investigation, including deliberations and the making and acceptance of this report. INVESTIGATIVE REPORTS 27 MERCED COUNTY CORONER’S OFFICE SUMMARY The Merced County Coroner's Office is under the direct supervision of the Merced County Sheriff's Department. The 2012-2013 Merced County Civil Grand Jury found the facility to be very small and compact. Additional space is needed for staff and to house medical records. Expansion of the facility would also allow this agency to purchase, when budget allows, an X-Ray machine that in the long run would be cost effective to have on the premises. INTRODUCTION/BACKGROUND The following is a list of criteria set forth within the California Government Code (GC) §27491 which require death investigations by the Coroner:  All violent, sudden, or unusual deaths.  All unattended deaths.  Deaths where a deceased has not been attended by either a physician or a registered nurse, who is a member of a hospice care interdisciplinary team, as defined by subdivision (e) of Section 1746 of the Health and Safety Code in the 20 days before death.  Deaths related to or following known or suspected self-induced or criminal abortion.  Known or suspected homicide, suicide, or accidental poisoning.  Deaths known or suspected as resulting in whole or in part from or related to accident or injury either old or recent.  Deaths due to drowning, fire, hanging, gunshot, stabbing, cutting, exposure, starvation, acute alcoholism, drug addiction, strangulation, aspiration, or where the suspected cause of death is sudden infant death syndrome.  Death in whole or part occasioned by criminal means.  Deaths associated with a known or alleged rape, or crime against nature.  Deaths in prison or while under sentence.  Deaths known or suspected as due to contagious disease and constituting a public hazard.  Deaths from occupational diseases or occupational hazards.  Deaths of patients in state mental hospitals, serving the mentally disabled and operated by the State Department of ***State Hospitals.  Deaths of patients in state hospitals serving the developmentally disabled and operated by the State Department Developmental Services.  Deaths under such circumstances as to afford a reasonable ground to suspect that the death was caused by the criminal act of another.  Any deaths reported by physicians or other persons having knowledge of death for inquiry by coroner. In any case in which the coroner conducts an inquiry pursuant to the above section, the coroner or deputy shall personally sign the certificate of death. If the death occurred in a state hospital, the coroner shall forward a copy of his or her report to the state agency responsible for the state hospital. The coroner shall have discretion to determine the extent of inquiry to be made into any death occurring under natural circumstances and falling within the provisions of the above listed sections. The Deputy Coroner assigned to the case will determine if an autopsy is needed to complete the investigation. The County has an on-line listing of death certificates. METHODOLOGY The 2012-2013 Merced County Civil Grand Jury conducted a site visit, interviewed the Sheriff/Coroner, Forensic Pathologist, and staff from the Coroner’s Office to obtain a knowledge and understanding of the current facility, its procedures, its history and potential future growth. DISCUSSION The 2012-2013 Merced County Civil Grand Jury interviewed the County Sheriff/Coroner and several Coroner’s Office staff members. During the discussions the Civil Grand Jury learned the process of the Coroner’s Office. The process includes notification of a death, determination if an autopsy is needed, the autopsy process, requirements to complete the report, and the signing of the certificate of death. The amount of time to complete an autopsy can vary depending on the complexity. Criminal cases take longer if x-rays need to be taken, if there is trauma, and if bodily fluids are taken. DNA samples are saved indefinitely as set forth by law. If the death is a homicide, there is a criminal investigation by the agency. Next of kin is notified in the following order: Spouse, brother, sister, children. The Coroner’s Office also assists the family of the deceased. The Forensic Pathologist reviews all autopsy reports. There is an existing contract with the Forensic Medical Group to provide services on an as needed basis. They travel throughout northern California. The outside agency is used, as set by protocol, for such things as officer involved shootings and for vacation coverage for the Forensic Pathologist. The Sheriff's Department conducts the investigation of in-custody deaths, unless the death was through an altercation with Sheriff's Department staff. If the death was through an altercation the investigation is conducted by the Forensic Medical Group. If there is an officer involved shooting, the investigation is conducted by the Sheriff’s Department Internal Affairs Division and the autopsy reports are reviewed by the County District Attorney and a pathologist from the Forensic Medical Group. The Coroner's Office operates twenty-four hours a day, seven days a week and 365 days a year. The Coroner’s Office has three full time deputy coroners, one part time extra help deputy coroner and a Forensic Pathologist. They specialize in death investigations and do not need to have Police Officers Standard Training (P.O.S.T.) certification. All require a bachelor’s degree and have some education/background in the medical field. Two are licensed funeral directors and also certified death investigators with the American Board of Medical Legal Death Investigators. They attend a two-week course to recertify every two years. As with every county department the Sheriff/Coroner has a reduced budget. Although they are not down any positions, the budget cuts have stopped them from growing but the work load has increased. The case load for 2012 was 861 cases. There are two holding coolers at this facility. The smaller cooler is used for decomposition autopsies and is equipped with a separate ventilation system. The larger cooler can hold twenty five bodies. The area used for office space and storage of medical records is very small and compact and the space is inadequate. The Coroner’s Office has up-to-date technology with the exception of an X-Ray machine. If they had an X-Ray machine on the premises in the long run it would save money as this is currently an outsourced service. Laboratory results and X-Ray services are two outside contracted professional services that cost the county approximately $27,000.00 per year. The Sheriff's Department and Coroner’s Office practice for mass casualty disasters. If one occurred, depending on what or how the disaster started, proper procedures would be implemented and followed. Chain of custody would be handled by multi-task forces from various agencies, but the Sheriff's Department would still be in charge of the autopsies of the bodies.
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  The 2012-2013 Merced County Civil Grand Jury recommends that Merced County jurisdictions should increase the number of dispatchers and law enforcement responders as soon as budget allows.
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  The 2012-2013 Merced County Civil Grand Jury recommends that Merced County ensure that all emergency responder radio “dead zones” are located and the necessary actions are taken to ensure adequate radio signal strength.
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  The 2012-2013 Merced County Civil Grand Jury recommends that the Probation Department’s AB109 statistical analyst develop a report that includes rates of recidivism, program successes and cost.
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  and R7. The 2012-2013 Merced County Civil Grand Jury recommends that the Probation Department establish a Probation and Community Team (PACT) in Los 12 Banos with local non-profits. It is further recommended that the Probation Department contract with BI for a Los Banos center. COMMENDATION The 2012-2013 Merced County Civil Grand Jury recognizes that both the drug and mental health courts are positive interventions. Frequent monitoring, multiple agency reports, and acknowledgement of successes should increase a client’s likelihood to transition back into the community. The Civil Grand Jury commends the Supervising Probation Officer of the AB 109 DRC for developing a full calendar coordinating office hours for county departments and community non- profits to meet the needs of the clients. Senior management encourages group effort throughout the department. The Chief holds a monthly meeting with different line level personnel and has an open door policy. Morale appears to be high despite having to do with less. All levels of the Department take great pride in functioning at a high level. GLOSSARY AB109 Public Safety Realignment Act Jail A county incarceration facility. Prior to AB109 used for terms of less than a year and while awaiting trial Parole Conditional release from State custody PC1170 Felon previous sentenced to State Prison who now serve their time at a local jail Prison A State incarceration facility Probation Conditional release of an offender from local custody Recidivism Relapse into crime by a previously convicted criminal ABBREVIATION GLOSSARY ADP Average Daily Population BI Behavioral Intervention CCP Community Corrections Partnership CDCR California Department of Corrections and Rehabilitation 13 DRC Day Reporting Center PACT Probation and Community Team PO Probation Officer PRCS Post Release Community Supervision SPO Supervising Probation Officer STRONG Static Risk and Offenders Needs Guide VEEP Vocation, Education, and Employment Programs DISCLAIMER Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). MANDATED INSPECTIONS OF JAIL FACILITIES 15 MANDATED INSPECTION MERCED COUNTY SHERIFF’S DEPARTMENT JOHN LATORRACA CORRECTIONAL CENTER SUMMARY The 2012-2013 Merced County Civil Grand Jury found that the John Latorraca Correctional Center (JLCC) was built as a minimum security facility that now houses medium to high risk offenders due to the implementation of Assembly Bill (AB)109. Since implementation of AB109 multi-year sentences are being imposed that keep the inmate at our local facility. The JLCC’s full capacity under State rating is 564 inmates. On October 1, 2011, when AB109 went into effect there were 553 pretrial felons. As of April 11, 2013 there were 682 pretrial felons. As of April 25, 2013 there were 103 inmates sentenced under Penal Code Section 1170 in custody, fifty-two of which are on alternative programs. The Civil Grand Jury found that there has been an increase of assaults, contraband, and escapes. Medical, sick call and dental have increased. There has been more damage to the facility. The Civil Grand Jury found that the facility was out of compliance with the regulation that governs the amount of time that each inmate has for visitation. It is recommended that the County conduct a study to determine the adequacy of the current facility. If the current facility is determined to be inadequate, the Civil Grand Jury recommends that the County conduct a feasibility study to determine if a new facility should be built to accommodate higher risk inmates and the increase in population. We also recommend that the video-visitation system that the agency is selecting be installed as soon as possible to meet the regulatory minimums. INTRODUCTION/BACKGROUND California Penal Code Section 919(b) mandates the Civil Grand Jury annually inspect correctional facilities within their respective counties. The Board of State and Community Corrections (BSCC) inspects correctional facilities every two years. The Civil Grand Jury inspection focused on the physical facility itself and generally on the overall daily operation and management of inmates. DISCUSSION The 2012-2013 Merced County Civil Grand Jury toured the JLCC located at 2584 W. Sandy Mush Road, Merced, CA on September 22, 2012. The JLCC was opened in 1990 and evaluated as a Type II facility under the applicable 1986, 1994, and 2001 Title 24 Standards. The facility has a Board Rated Capacity of 564 inmates and a total of 691 installed beds. The site is under the direct supervision of a Commander, who provided 16 the Civil Grand Jury members with a PowerPoint presentation of the new online booking system. The tour included the following areas: Officer Training Classroom - display of confiscated weapons Medical exam rooms Control Center Food preparation area Commissary area Video Conferencing area Correctional Officers are given limited peace officer status in accordance with Penal Code Section 830.55. New Correctional Officers attend a six-week, 240-hour state correctional training course. This training is completed within the first year of hire. Correctional Officers are required to take twenty-four hours of training every two years. Annual training is done within the department by Corrections Standards Authority (CSA) certified trainers. There are qualified officers within the department who provide this training. The Civil Grand Jury was escorted through the medical examination area and briefed on availability of medical services. The control center monitors activities throughout the facility. The control center has a pending contract for modernization. All males are booked at the main jail facility. All females are booked at the JLCC. There is a lockdown section with individual cells for those who fall under Welfare and Institutions Code §5150, which allows qualified officers or clinicians to confine a person deemed to have a mental disorder that makes him or her a danger to themselves and others or who are gravely disabled. The passage and implementation of AB109 has and will continue to have significant impact on the facility. AB109 transfers responsibility for supervising specific lower level inmates and parolees from the California Department of Corrections and Rehabilitation (CDCR) to the counties. AB109 allows non-violent, non-serious, and non- sexual offenders to serve their sentences in county jails instead of state prisons. This increases the population as well as having more medium to high risk offenders held at this facility. The State will continue to incarcerate offenders who commit serious, violent or sexual crimes. The JLCC’s full capacity under State rating is 564 inmates. On October 1, 2011, when AB109 went into effect there were 553 pretrial felons. As of April 11, 2013 there were 682 pretrial felons. As of April 25, 2013 there were 103 inmates sentenced under Penal Code Section 1170 in custody, fifty-two of which are on alternative programs. There has been an increase of:  Inmate on inmate assaults.  Inmates in the probable cause holding cells coming in from the State.  Different classifications of inmates that include new gangs that were formed at the California Department of Corrections and Rehabilitation (CDCR).  Medical, sick call and dental needs. The noticeable changes have been with emergency runs to the hospital/medi-flights. This requires two officers or an officer and security guard to stay with the inmate. These incidents increase the overtime of staff.  Mental Health needs.  Pruno (prison wine) and contraband.  Escapes and attempted escapes.  Damage to the facility by inmates.  Lengths of time inmates are staying at the County level. They often get new charges while in custody.  Court appearances and complaints/writs filed. This puts a strain on the transportation unit. The staff of JLCC prepares and delivers the meals to the Iris Garrett Juvenile Complex, Marie Green Mental Health Facility, the downtown main jail facility, as well as the JLCC. The kitchen operates twenty-two hours a day. Inmates are given a clean set of clothes on a daily basis. Clothing provided is color coded by inmate classification. There are laundry facilities on the premises, operated by inmates, running twenty hours a day. A commissary area is provided where inmates can purchase personal hygiene items and snacks. Commissary privileges can be suspended depending upon behavior; however, personal hygiene items are not restricted. At the time of this tour, the visitation portion of the video system, which would allow private conversations between legal representatives and their clients and with family members, had not yet been implemented. A biennial inspection and report from the BSCC dated October 31, 2012 stated that pursuant to regulation Title 15 Section 1062 each inmate has no less than two visiting sessions weekly totaling at least one hour for each inmate. At the JLCC only a single sixty minute visiting session is offered. This is non-compliant with this regulation. 18
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  The 2012-2013 Merced County Civil Grand Jury recommends hospitals should be given priority for inspections.
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  The 2012-2013 Merced County Civil Grand Jury recommends the yearly permit list should be cross-referenced with the inspection database quarterly to determine the most recent date of inspection. Those facilities that have lapsed should take priority. This would act as a check and balance so the facilities would receive yearly inspections and remain on the website.
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  The 2012-2013 Merced County Civil Grand Jury recommends inspectors be required to complete training and use the laptop for all inspections.
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  The 2012-2013 Merced County Civil Grand Jury recommends DEH implement an on-site posted placard rating system. The inspector could carry the appropriate rating placard for placement at time of inspection. This would allow the public to have immediate access to the facility’s inspection status and be readily visible. In the future the DEH should look into a Quick Response (QR) code reader to allow consumers the ability to use modern technology to access this information.
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  The 2012-2013 Merced County Civil Grand Jury recommends the DPH consider a more transparent approach to any future Merced County Civil Grand Jury’s request to observe a food inspector conducting a food facility inspection. 17 2010-2011 San Luis Obispo County Civil Grand Jury Report 51
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  The 2012-2013 Merced County Civil Grand Jury recommends reprograming the software so reports remain on the website beyond two years. COMMENDATION The Merced County online food inspection reports are more user friendly than five of the surrounding counties that offer online reports. Merced County is the only one that lists a rating program based on points for violations at food facilities. GLOSSARY DDEH Director of the Division of Environmental Health DEH Division of Environmental Health DPH Department of Public Health EHS Environmental Health Specialist EHT Environmental Health Technician SEHS Supervising Environmental Health Specialist DISCLAIMER Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). This report was issued by the Grand Jury with the exception of one member who was recused due to a potential conflict of interest. That juror was excluded from all parts of the investigation, including deliberations and the making and acceptance of this report. MERCED COUNTY REGIONAL WASTE MANAGEMENT SUMMARY The Hwy 59 Landfill and the Billy Wright Landfill in Merced County are under the authority of Merced County Association of Governments (MCAG) and governed by Merced County Regional Waste Management Authority (MCRWMA). The one exception is the City of Merced, which is a municipal collector. The incorporated cities award franchises for collection of solid waste to private organizations called haulers. Merced County issues Franchise Agreements to solid waste haulers to provide curbside services for all the unincorporated areas. Tipping fees from franchise haulers are the major source of revenue for the landfill. All heavy equipment used at the landfill is leased, which requires a loan with interest. An accrual account dedicated to buying heavy equipment when it needs to be replaced should be established. The methane gas produced at the landfill is not sold; it is burned off. The landfill should work with the U.S. Environmental Protection Agency’s Landfill Methane Outreach Program (LMOP), to determine the economic feasibility of gas-to-energy projects and help find financing resources. Grants to fund the start up cost of a methane conversion project should be explored. The State requires at least 50% of the waste has to be recycled. Merced County has met this requirement because the waste from Foster Farms is added into the total for compost. The county is currently at 70%. Twenty-five to thirty percent of green waste and recycling is contaminated. Customers are not recycling properly due to lack of recycling information. Multi-lingual door tags explaining what is recyclable and what is not should be used. Public service announcements, town hall meetings, and Municipal Advisory Councils should be used to further disseminate information. Not all residents in rural areas have curbside recycling and green waste cans. Pickup of curbside recycling cans in rural areas is not cost effective. A monthly-designated area for haulers to pick up recyclables and green waste should be considered. INTRODUCTION/BACKGROUND The 2012-2013 Merced County Civil Grand Jury chose to investigate MCAG, focusing on the landfills and the recycling program. According to their website MCAG is a Council of Governments with responsibility to manage and implement regional transportation, transit, and solid waste disposal services, while providing a public forum for cross-jurisdictional issues. The eleven member MCAG Governing Board includes a Supervisor from each of the five county districts and an elected official from each of the six incorporated cities located within the political boundary of Merced County, California. Incorporated cities are: Atwater, Dos Palos, Gustine, Livingston, Los Banos, and Merced. MCAG Goals: Goal 1: Promote the interests of the public through regional planning. Goal 2: Communicate effectively to partners and the public to enhance policy decision- making. Goal 3: Support positive relationships among MCAG directors and member agencies. Goal 4: Increase MCAG’s and member agencies’ access to resources. LANDFILLS There are two landfill sites: Billy Wright Landfill located at 17173 S. Billy Wright Road, Los Banos and Highway 59 Landfill located at 7040 N. State HWY 59, Merced. The landfills have always been owned by the Joint Powers Authority (JPA), but contracted with the County of Merced to operate. In 2007 they realized that this might be a conflict of interest so the JPA took over operations as well. [Cite~Merced County Regional Waste Management Authority First Amendment to Second Amendment and Restated Joint Powers Agreement-August 16, 2007] The JPA is made up of the county and the same six cities that are members of MCAG. The landfills are owned by all of these jurisdictions. Each of these has a say on the governing board, the MCRWMA. This collaboration allows them to pool resources and report to the state as a region, which they are required to do annually. The Executive Director of MCAG is also the Executive Director of MCRWMA. METHODOLOGY The 2012-2013 Merced County Civil Grand Jury reviewed the operation of the landfills, which included a tour of the Hwy 59 Landfill. The Civil Grand Jury interviewed administrative personnel from MCAG, the Director of Waste Management, and personnel from Merced County Public Works. The Civil Grand Jury looked at documents and websites which included:  Budgets: Fiscal Year (FY) 2010-2011; FY 2011-2012; FY 2012-2013. 55  Audits: MCAG and MCRWMA year ending June 30, 2011.  Franchise Agreements for Collection Areas 1-5, 6, 7, and 8 (see attachment 1) between the County and haulers.  Merced County Regional Waste Management Authority Solid Waste Revenue Bonds series 2007: the bond for the expansion of the Hwy 59 Landfill and Billy Wright Landfill.  Water Quality Reports.  MCAG Online Agenda Packets and Minutes regarding MCRWMA board meetings including the section of the 2011-2012 Audit: Schedule of Findings and Questioned Costs for the Year Ended June 30, 2012.  Merced County Regional Waste Management Authority First Amendment to Second Amended and Restated Joint Powers Agreement.  MCAG Transportation Development Act Triennial Performance Audit for the Period July 1, 2008–June 30, 2011.  Merced Sun-Star Article dated Tuesday, October 16, 2012 Title: “CalRecycle must tackle fraud, debt.”  SOLID WASTE FACILITY PERMIT number 24-AA-0001 February 14, 2001.  The MCAG, MercedRecycles, Allied Waste and the CalRecycle websites. DISCUSSION FRANCHISE AGREEMENTS With the exception of the City of Merced, which is a municipal collector, the incorporated cities award franchises for collection of solid waste to private organizations called haulers. Merced County issues franchise agreements with solid waste haulers to provide curbside services for all the unincorporated areas divided into eight different jurisdictions. These franchises are issued under the County Code Chapter 9.08. The agreements automatically renew unless the Merced County Board of Supervisors (BOS) have issues with the haulers. A five-year notice is required by the BOS and the haulers to terminate the Franchise agreement due to their large investment in equipment, offices, and facilities. The County receives approximately $850,000 per year from all haulers. Franchise fees of 7.5% from curbside pickup and 5% from drop boxes go into the County’s General Fund. The Franchise Agreements do not govern drop boxes. This goes into the General Fund in the revenue account called Franchise Revenue. Once a year haulers may request a rate increase equal to the consumer price index, and the BOS may review the request, and the rates charged to the customers. The BOS may make such rate adjustments as are reasonable and caused by fluctuations in economic conditions. For solid waste a Franchise Solid Waste Hauler is required. For recycling a private entity may be used. Merced County contracts with its own Franchise Solid Waste Haulers. The contracts are covered in a staff report that goes to the BOS and then with the recommendation of the staff it is usually approved by the BOS. The county Public Works Department handles the contracts with the haulers. The haulers pay the tipping fee at the landfill; they pay the county the franchise fee and then they pay themselves. LANDFILLS The Hwy 59 Landfill was expanded using revenue bonds issued in 2007 by the MCRWMA, with maturity dates from 2013 through 2027. In order to get the bonds for the landfill expansion, the JPA for the Waste Management Authority had to show there would be enough generated revenue for the debt service, which is the principle interest on those bonds. There was a rate increase imposed five years ago of 26% (5.2% per year over a five year period) in tipping fees at the landfill which was passed on to the customer through their garbage bill. That revenue pays the debt service on the bond. MCAG is making the debt service payment for the bond. On July 1, 2013 the final 5.2% tipping fee will be imposed. The outstanding bonds total is $51,036,983.14, including principle and interest. The total interest liability is $17,621,983.14. These bonds mature on June 1st of the following years 2013 to 2027. The average interest rate for these bonds is 4.30%. These bonds were issued in accordance with Governmental Accounting Standards Board (GASB). Twenty-five percent of the trash comes from outside of Merced County. Fresno, Tuolumne, Gilroy, Modesto and Turlock send their overages. This provides additional revenue for the landfill. Load limit for the Hwy 59 Landfill is 1500 tons of waste per day. Twenty-five to thirty percent of green waste and recycling is contaminated, rejected and dumped in the pit. The hauler is fined for each contaminated load. Dumping of hazardous waste is by appointment or during special days with notification to the public. Electronic waste is banned from the landfill, and collected separately, and sold to a processor in Sacramento. The landfill is built in such a way that there is no water runoff from the site. The solid waste pits are lined with an impermeable material. This liner’s life expectancy is forever as long as it is not perforated. The pit is constructed with a liner, a felt liner, geo-textile liner, clay liner and a gravel layer. A cement ditch that surrounds the landfill catches the outer runoff. The landfill turns green waste into compost. They save $600,000 by using their own compost to spread over the liners in the bottom of the pits. The compost acts as a buffer that helps to eliminate perforations. Excess compost is sold to the public. Green waste, because of the EPA regulations, costs more to process than what they can sell it for. All methane gas in the pits is collected through a system of wells and pipes and then burned off. Methane gas is not sold from the landfill. San Joaquin Valley Air District (SJVAD) won’t permit the Caterpillar™ generators that are used to generate electricity from the methane gas. Merced is in an Environmental Protection Agency (EPA) 57 attainment zone; this makes the restrictions more stringent. Methane gas can be used to run heating and cooling systems, can be purified into natural gas, and liquefied or compressed to power garbage trucks and municipal buses.18 There are over 70 monitoring and extraction wells. They have “hot” wells that need to be monitored daily. A new plume is headed east as a result of capping cell 4. Before capping, the gas was released into the air. The gas has escaped the cap and is causing the plume to head east. In drought years the gas migrates faster. Government regulations require an enormous amount of time to keep the landfills in compliance. SCS Field Services, a private contractor, assists the landfill in providing reports. Compiled reports are sent on schedule to the State Water Resources Control Board, SJVAD, County Division of Environmental Health, Local Enforcement Agency (LEA), County Public Health and to each jurisdiction. Failure to file a report or report problems could result in fines of up to $10,000 per day. Lots of garbage bags and gooey stuff contributes to the Landfill’s double-digit contamination of recyclables. The landfill salvages cardboard for recycling. There is a lot of packaging and plastic that doesn’t have any value on the market. They have set aside an area for a recycling process plant, but haven’t found a company that wants to come in to build and operate it. ACCOUNTING Tipping fees from franchise haulers are the major source of revenue for the landfill. The estimated revenues for 2012-2013 were budgeted at $10.1 million. This covers salary, debt and equipment. Information Technology (IT) services have been upgraded and there are no paper files. Information is virtual and stored on a cloud. The server is located at the landfill site. There are mechanics at both sites that maintain heavy equipment and pickup trucks. This equipment is worth $27 million. All heavy equipment is leased, and when the lease expires the equipment becomes the property of the landfill. The equipment is well maintained, which extends its life. Old equipment only has residual value of the iron. Concrete is crushed/ground by a subcontractor. This is a less expensive alternative to buying or leasing equipment. The landfill is charged a processing fee for the use of credit cards, which amounts to $10,000 in the 2012-2013 budget. EPA regulations require aerial photography and photogrammetry which costs $45,000. The photos verify compliance. Antifreeze, batteries, oil, and paint (ABOP) are not accepted at the landfill. Various vendors come and pick them up. Hydrocarbons and pesticides are not accepted. At the time of the investigation there were forty-three full time employees. Overtime is required because the landfill is open on Saturday for four hours. The workweek is five and one half days. Cross training is provided to facilitate Saturday operations. 18 http://www.governing.com/topics/engery-env/Methane-from-Landfills.html 58 ENVIRONMENT The operator shall comply with all federal, state, and local requirements. This facility shall comply with all provisions mandated under the State minimum standards for solid waste handling and disposal. RECYCLING The goal of the Merced County Recycling Program is to educate customers who currently have curbside recycling services. The goal of this program is to minimize contamination. When the load is contaminated the hauler is fined. The State requires that at least 50% of the waste has to be recycled. Merced County has met the requirements because the waste from Foster Farms is added into the total for compost. The landfill is currently at 70%. CalRecycle gives a target waste generation number, which is 10.6 lbs. per person. Merced County residents only generate 4.4 lbs. per person. Each jurisdiction and hauler self-reports recycling commodities total tonnage. Those reports go to MCRWMA and that report goes to CalRecycles in Sacramento a minimum of four times a year. The landfill does not audit those reports. The BOS has mandated curbside recycling and green waste in all unincorporated urbanized areas. The factor for an area to be classified as an urban area which has curbside recycling is determined by population density, proximity to neighbors and number of neighbors grouped together. The Planning Department’s website has the Specific Urban Development Plan (SUDP) maps for the legal boundaries of the towns and cities. These maps were given to the haulers when the board adopted the service. Not all residents in rural areas have curbside recycling and green waste cans. This is determined between the hauler and the BOS. The BOS implemented the green waste program first, then recycling four years later. The reason they don’t do this in the rural areas is because the costs are exorbitant for the amount of diversion credits received to meet the State requirement. Sending two to three trucks to the rural area would cause an increase to the customer’s bill. It is not cost effective because the county currently has a diversion rate of 79%. The county is required to have 50% according to AB 939. The State is considering raising the rate to 75%. Atwater collects green waste and Livingston will do so in the foreseeable future. A Recycling Coordinator was hired, so that the county could have a consistent recycling program. It’s up to the individual customer to recycle properly; if they don’t, they can be red-tagged. The hauler will give tags three times for contamination in the recycling bin. The third violation can generate a fine. If the load has too much contamination it can’t be processed and it ends up in the landfill. The landfill and the haulers are making an effort to get more clean recyclables and green waste. When the recycling program started the economy was good. There was a better market for recyclables. If it’s not something that will sell, Newby Island doesn’t process it, because the processing costs more than the sales of the item. The landfill has set aside an area for a recycling processing plant, but hasn’t found a company that wants to come in to build and operate it. It is up to the jurisdiction and their council as to what services are provided to customers regarding recycling and green waste. Jurisdictions are not required to have programs. The 59 landfill doesn’t have anything to do with the contracts. However, they did recently consult with Livingston on their contract. Haulers have a list of acceptable commodities they can bring to the landfill. This list is provided to the haulers by the landfill. For the incorporated cities, each council adopts how recycling is managed. There are drop off locations at both the landfills which are free. Livingston has a drop off location by its Public Works Department for residential and commercial recyclables. Gustine has a drop off location along with bins distributed around the main business area for commercial recycling. These bins are contaminated by people dumping things like couches, clothing and trash that they don’t want to haul to the landfill. The MercedRecycles website has been updated and provides information not only on recycling, but also provides a link to find nearby recycling centers. THE PROCESS OF HANDLING RECYCLABLES The householder puts the waste in the right containers. It goes to the landfill; the truck unloads it on the recycling pad and it is checked for contamination. Landfill staff pulls tires and cardboard. If recyclable loads are over 10% contaminated the hauler is charged a fee and the load is dumped in the landfill. If the load is less than 10% contaminated the hauler is charged $8 per ton to reload it on to a long haul truck. The truck hauls it to Newby Island located in Milpitas, California, operated by Allied Waste. It is unloaded and contents are placed on a sorting line. The JPA contracts with Newby Island, but periodically checks other recycle sorting facilities. Revenue received from Allied Waste is dependent on the market price for each distinct recyclable commodity. Jurisdictions have accounts with Allied Waste where money is credited when commodities are sold. Checks are sent out infrequently. There have been times when the jurisdictions have had to pay for transportation and disposal based on the market price. If the jurisdiction has a credit with Allied Waste, the money owed is charged against the credit. The contaminated waste reduces the amount paid out. The recycling facility in Newby Island will charge a solid waste dump fee instead of a recycling reimbursement for contaminated loads. The landfill accepts the following: milk jugs, coffee creamer bottles, detergent bottles, soda and water bottles, shampoo and conditioner bottles. They do not accept plastic not in the form of a bottle or jug, including plastic bags. Newby Island just did a multi-million dollar upgrade on their equipment so it might change what kind of recyclables it accepts. There has been limited education and enforcement in recycling. There are higher rates of contamination in poorer areas of the county. Reducing contamination requires education and enforcement. It’s up to haulers to enforce proper recycling and MCRWMA to educate the public on recycling. The Public Program Specialist (PPS) worked for MCAG doing public information on recyclables. This person now works for the MCRWMA as Recycling Coordinator/Assistant Analyst (RCAA) at the Hwy 59 Landfill. At the time of our investigation the RCAA worked at the Landfill doing scale house duties and clerical work. Per CalRecycles website, the Highway 59 Landfill is due to close by 2039. Possible reuse of the land includes a bike and BMX™ track. Methane gas kills plants so it wouldn’t be a good choice for a park or green space. Settling of the pit prevents building on the site for twenty years. The site has to be monitored for methane gas for at least thirty years. The current plan has changed the dump into a sanitary landfill. There is not a current master plan for expansion for Merced County landfills. The next step would be a master plan that looks at long term disposal needs, long term trends in business, sufficient capacity to handle the population, and whether to become a regional landfill. MCRWMA will address the issue within the next two years.