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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Yolo County Grand Jury • 2008-2009

Yolo cOuNT Y GRANd JuRYP

Published: June 30, 2009 11 pages
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Note: Missing finding numbers detected: F2

Findings 5 findings

F1 Page 10
Brown Act training has been conducted for all 2009-December 31, 2011 for $5,430,000 plus projected current Board members as recommended by the costs of $2,000,000 plus yield maint enance and pre- 2007-2008 Grand Jury. payment penalties (actual cost not identified). Option 3 – Purchase building between January 1, F-2 The Board has initiated a program to ensure 2012-March 31, 2012 for $5,430,000 plus projected future Board members receive Brown Act costs of $2,000,000. (The Trustees and WJUSD staff training within six months of taking office, and attending the April 8, 2009 meeting indicated that this current members receive refresher training every is the option they hope to exercise, as it does not include two years, but that requirement has not yet been pre-payment costs.) incorporated into written Board policy. Option 4 – Purchase building between April 1, F-3 The WJUSD has placed itself in an untenable 2012-June 30, 2016 for $5,430,000 plus projected and very costly position with regard to its current costs of $2,000,000 plus an additional $1 million. lease agreement on the Blue Shield property. 10 2008–2009 Yolo CountY GRAnd JuRY FinAl RepoRt ReCoMMendAtionS ACtionS tAKen 09-01 The Board should continue its Brown Act train- Members of the Grand Jury met with the Detention ing plan and incorporate training requirements Commander and Correctional Lieutenants on September 9, into its written policy and procedures as soon as 2008 to schedule the jail visit and to obtain background possible. information, results of previous inspections conducted by other agencies, and the facility procedures manual. 09-02 It is imperative that the Board utilize the most On October 1, 2008, the Detention Commander and effective and immediate funding mechanism two Correctional Lieutenants conducted a thorough tour of to ensure that the property known as the Blue the detention center for jury members. The tour included Shield building be purchased under the terms of the booking area, inmate housing, control centers, medical Option 3 as described above. facility, kitchen and laundry, an inmate transport vehicle, and the Leinberger unit. The staff provided comprehensive ReQueSt FoR ReSponSe information on all aspects of jail operations as the tour Pursuant to California Penal Code Sections 933(c) progressed, and answered questions posed by the jury. The and 933.05, the Yolo County Grand Jury requests a visit lasted approximately five hours and included lunch response as follows: served in the staff conference room. From the following governing body: While reviewing individual P & Ps in the Monroe Detention Center Policy and Procedures Manual, it was Woodland Joint Unified School District Board of noticed that a majority of P & Ps had an effective date Trustees (Findings F-2 and F-3; Recommendations 09- of 2003 or earlier, and that most had no audit date 01 and 09-02) entered. The detention center’s governing directive for the manual, “Establishment of a Detention Facilities Policy Monroe detention Center and Procedures Manual” (S.O. No. A-600), requires that the manual be reviewed by a designated committee, and SuMMARY audited separately, at least annually (Procedures paragraphs The 2008-2009 Yolo County Grand Jury visited A and G apply). the Monroe Detention Center (Yolo County Jail) to A spreadsheet (Appendix A) was developed, listing observe and assess its operation. The visit included a P & P identifying data, effective date, review date, audit walk-through briefing of jail facilities and observation of date and references to display in table format the scope various confinement processes. The jury was impressed of the suspected problem. with professional attitude of the staff and overall condition During analysis of individual P & Ps, it was decided of the facility. The jail is operating at maximum capacity to limit review of references to those most commonly and must be expanded. cited – California Penal Code and California Code of In conjunction with the jail visit, a review was Regulations, Title 15. conducted of the detention center’s Policy and Procedures Manual, focusing primarily on currency of individual WHAt tHe JuRY deteRMined Policies and Procedures (P & Ps), and applicability of references contained therein. The study revealed that most Jail visit P & Ps have an effective date of 2003 or earlier, have no Based on the in-depth tour of the facility and record of having been reviewed and audited annually as comprehensive briefing by senior staff officers, the Monroe required, and many references are inaccurate. Detention Center is well maintained, well organized and well run. Staff personnel encountered appeared well trained, ReASon FoR viSit confident, competent and professional. California Penal Code, section 919(b) provides that: The staff is burdened with stringent inmate segregation “The Grand Jury shall inquire into the conditions and requirements, as delineated by the California Penal management of public prisons within the county.” Pursuant Code, sections 4001 and 4002 and the California Code to that statute, the Grand Jury visited the Monroe Detention of Regulations, Title 15, sections 1050 and 1053. The Center (including the Walter J. Leinberger Memorial facility operates at or near maximum capacity most of Detention Center) located at 2420 East Gibson Road in the time. The Federal Consent Decree (Jessy Roy, et.al. Woodland, and reviewed the Monroe Detention Center’s v. County of Yolo, CV S-90-0393 DFL-JFM P (E.D. Cal. Policy and Procedures Manual. 1997) Consent Decree, Modified Aug. 18, 1997 (E.D. Cal. 11 2008–2009 Yolo CountY GRAnd JuRY FinAl RepoRt 1997)) requires that each inmate housed at the facility has civil process, or by other authority an assigned bed and thereby limits the number of inmates of law; that can be housed to 455. This requires routine shuffling 4. For the confinement of persons of confinees to keep them separated as required, and early sentenced to imprisonment therein release of individuals to meet the Consent Decree limits. upon a conviction for crime. There were 3,687 early releases in 2008. b. The above Penal Code section would apply only Despite the addition of 79 beds in the Monroe Center in to the first P & P “Establishment of the Facility 1996, and 142 beds when the Leinberger facility opened in and Description of its Mission.” The remaining 1991, the jail’s capacity has not kept pace with the significant 70 appear to be incorrectly referenced. growth in the population of the county, which has increased c. The applicable section of the California Penal from approximately 133,000 in 1988 to approximately Code is Title 4 – County Jails, Farms and Camps. 199,000 in 2008. The shortage of confinement space has Sections 4000 through 4030 are included in been exacerbated by the Federal Consent Decree, inmate Chapter 1 – County Jails, and cover a variety segregation requirements, and increased jail bookings. of topics concerning county jails. Bookings have increased 29% since 2000 to 10,187 in 3. Forty P & Ps incorrectly list “California 2008. Administrative Code, Title 15” as the reference. The correct nomenclature for this reference is policy and procedures Manual “California Code of Regulations, Title 15.” The An in-depth analysis of the manual revealed that: following Title 15 breakdown applies: 1. Of the 137 P & Ps in the manual: California Code of Regulations a. Only one has an audit date in 2007. Title 15. Crime Prevention and Corrections b. Nine have audit dates in 2006. Division 1. Board of Corrections c. Seven have audit dates in 2005. Chapter 1. Board of Corrections d. There is no indication that the remaining 120 Subchapter 4. Minimum Standards for P & Ps have ever been audited. (Note: The Local Detention Facilities Detention Commander has indicated that all P & Ps are reviewed at least annually, but no Articles 1-15 provide specific require- record of these reviews and/or audits was kept. ments for most facets of confinement. He said that problem is being corrected by the 4. Spot-checks of specific references (reviewing jail.) only California Penal Code & California Code of e. There are 113 P & Ps that have an effective/ Regulations, Title 15 references) in random P & revision date of 2003 or earlier. One (S.O. No. Ps were conducted. The results are contained in S-400) has no effective date at all. Append ix B. 2. Seventy-one P & Ps reference California Penal Code, section 4000. In 56 of these, California Penal FindinGS Code, section 4000 is the only reference cited. Jail visit a. Section 4000 provides only for the establishments
F3 Page 12
Forty P & Ps incorrectly list “California
F4 Page 13
A majority (82.5%) of policies and procedures are Procedures are kept current, and reflect the latest changes greater than five years old. There is a very high to governing statutes and regulations. likelihood that policies, procedures, references or In most cases, outdated instructions do not normally other factors have changed during that period, and affect the day-to-day routine. Changes, when required, are have not been updated in the P & Ps. passed-down by word of mouth, memorandum, training, or pass-down logs, and the normal routine goes on smoothly.
F5 Page 13
Numerous policies and procedures incorrectly When a significant or serious event occurs (i.e. illness, riot, reference Title 15 as part of California escape, death, etc.), and an investigation ensues, it will be Administrative Code rather than California Code recognized that the Policy and Procedure instructions have of Regulations. not been updated, and therefore were not being followed.
F6 Page 13
A significant percentage of the P & Ps spot-checked The potential liability can be disastrous and costly. reference incorr ect and/or inappropriate sections of In-depth review of specific P & Ps requires knowledge governing regulations. of jail operations beyond the level of the investigating grand jury committee. However, analysis of the Policy and Procedures Manual governing instruction during this ReCoMMendAtionS study revealed it has not been complied with. This could 09-03 Make jail expansion a top priority in the county’s indicate non-compliance issues with other P & Ps. budget. The Grand Jury thanks the Monroe Detention Center 09-04 Review and audit policies and procedures at least staff for their conscientious cooperation during this study, annually as required by S.O. No. A-600. and for the changes already initiated to correct these problems. 09-05 Determine the correct references for policies and procedures that currently reference California Penal Code, Section 4000 (approximately 70). Where ReQueSt FoR ReSponSeS possible, California Code of Regulations, Title 15 Pursuant to California Penal Code, sections 933(c) should be the primary reference. and 933.05, the Yolo County Grand Jury request responses as follows: 09-06 Verify references for all remaining policies and procedures to ensure the manual (and therefore From the following individuals: the facility) comply with governing statutes and • Detention Commander, Monroe Detention Center corrections standards. Where possible, California (Findings F-3 through F6; Recommendations 09-04 Code of Regulations, Title 15 should be the primary through 09-06) reference. • Yolo County Sheriff (Recommendation 09-07) 09-07 Track completion of the above recommendations From the following governing body: and initiate procedures to ensure the Policy and Procedure Manual is being reviewed and audited • Yolo County Board of Supervisors (Finding F-2; as required. Recommendation 09-03) CoMMentS Jail overcrowding AppendiCeS: It is the opinion of the Grand Jury that Yolo County Appendix A: Monroe detention Center policy continues to place jail staff and confinees at risk by and procedures Manual Study spreadsheet not taking appropriate and urgent action to expand the and capacity of the facility. Despite conscientious, organized and determined efforts by the staff to meet segregation Appendix B: Results of Random Spot Checks of and consent decree requirements, a serious incident is References in individual p&ps likely to occur. continued on following pages policy and procedures Manual The Grand Jury cannot emphasize enough the importance of ensuring that published Policies and 13

Recommendations 6

Comments 33

No Responses Found 1

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

Woodland Joint Unified School District School District