Status Update on Open 2018-2019 Grand Jury Implementation Items 03/24/20*

Agree with a qualification At the request of the Orange County Sheriff's Department (OCSD), and pursuant to an established protocol, the OCDA conducts a criminal investigation and a legal review whenever an individual dies while in the custody of the OCSD, including when the death occurs in the Orange County Jail. At the conclusion of the criminal investigation and the legal review, the OCDA issues a public report describing the investigative methodology employed, evidence examined, witnesses interviewed, facts discovered, and the legal principles applied to determine whether criminal culpability exists on the part of any OCSD personnel or any other person under the supervision of the OCSD. The OCDA conducts an independent and thorough investigation of the facts and circumstances of each custodial death and impartially reviews all evidence and applicable legal standards. The scope and findings of the criminal investigation and legal review conducted by the OCDA are expressly limited to determining whether any criminal conduct occurred on the part of OCSD personnel or any other person under the supervision of the OCSD. As specifically stated in each report the OCDA issues in connection with custodial death investigations, The OCDA does not address "any possible issues relating to policy, training, tactics, or civil liability." The sole purpose Attachment C of the OCDA's involvement in investigating and reviewing custodial death cases is to determine if anybody committed a crime in connection with the custodial death. The investigations of custodial deaths by the OCDA are conducted by the OCDA Special Assignment Unit (OCDASAU). Six experienced Investigators are assigned to the OCDASAU on a full-time basis. There are additional OCDA Investigators assigned to other units in the Office trained to assist when needed. On average, eight Investigators respond to a custodial death incident within an hour of being called. The Investigators assigned to respond to an incident perform a variety of investigative functions that include witness interviews, scene processing, evidence collection, and hospital investigative responsibilities as needed. The OCDASAU audio records all interviews, and the Orange County Crime Lab processes all physical evidence related to the investigation. When the criminal investigation is concluded by the OCDASAU, the file is turned over to a veteran Deputy District Attorney for legal review. The assigned Deputy District Attorney completes the legal review and determines whether criminal charges are appropriate. Throughout the review process, the assigned prosecutor will be in consultation with the appropriate Senior Assistant District Attorney who will eventually review and approve any legal conclusions and resulting memos. The case may often be reviewed by multiple veteran prosecutors and their supervisors. The District Attorney also reviews and approves all such cases and reports. If necessary, the reviewing prosecutor may send the case back for further investigation. If the OCDA uncovers inconsistencies between the Custodial Health Services (CHS) reports and the Orange County Fire Authority (OCFA) reports, the OCDA will include in its Custodial Death reports such inconsistencies. The OCDA will also consider such inconsistencies in determining if the facts justify the filing of criminal charges against any OCSD employee, or any individual under the supervision of the OCSD. The OCDA will also consider the conduct of CHS and its employees and contractors to determine if any such employee or contractor of CHS is criminally culpable, under the law, for the custodial death. The only reason for the qualification in the OCDA's agreement with this finding is that such inconsistencies do not exist in every single custodial death report as stated in