Cherif Orange Countysheriff's Department Sheriff-coroner Don Barnes Office of the Sheriff July 24, 2019 Honorable Kirk*

R1

By September 30, 2019, the OCSD should create an onsite unit within the Inmate Services Division to provide direct oversight of the inmate phone system. Response: This recommendation will not be implemented because it is not warranted. At the Sheriff's request, in May 2019, the Board of Supervisors approved a contract with a third party to provide assistance in managing the inmate phone system contract and developing a new RFP for services.

R2

By October 31, 2019, the OCSD/Inmate Phone System Oversight Management should assign: A. One or more persons to: Handle all phone number input and deletion actions, produce lists for audit, complete the audits, produce lists for management, manage regular communications to internal and external users and provide periodic in person training to internal users; Response: This recommendation has been implemented. Specified staff is responsible for actions associated with the inmate phone system. B. One or more: Systems engineers to handle all nonproprietary hardware, software and systems problems independently and other propriety changes directly with the phone call Recording System contractor. Response: This recommendation will not be implemented because it is not reasonable. This recommendation does not comport with the current agreement for inmate phone services. We have hired Praeses who is an expert in Inmate Telephone Systems and is assisting us with the oversight, accounting and auditing processes associated with the inmate telephone system.

R3

By September 30, 2019, each OCSD unit that accesses the inmate phone system should designate a coordinator to interface directly with OCSD/Inmate Phone System Oversight Management. Response: This recommendation will not be implemented because it is not warranted. The limited amount of staff that have access to the inmate phone system interface directly with the manager responsible for the phone system. With such a small number of staff with access, it would be unnecessary to have a designated coordinator for each unit.

R4

By October 31, 2019, the OCSD/Inmate Phone System Oversight Management should develop a periodic auditing process to maintain current data and delete outdated information. Response: The recommendation has been implemented. Information is updated on an ongoing basis and the County recently approved a contract with a third party vendor to assist with oversight of the system including auditing the phone numbers that are presently in the system as do not record, etc..

R5

By September 30, 2019, the OCSD/Inmate Phone System Oversight Management should acquire all available system features required to have complete control of user level software settings and report generation. Response: This recommendation has been implemented. OCSD currently uses and controls the aspects of software that are necessary and appropriate for OCSD operations. The recommendation regarding the generation of reports is unclear, as OCSD currently utilizes the report function of the existing system.

R6

By September 30, 2019, the OCSD/Inmate Phone System Oversight Management should develop and implement a method to automate input and deletion of information on lists. Response: This recommendation will not be implemented because it is not reasonable. The automation recommended by the Grand Jury would not provide the necessary level of review needed to ensure information that is added or removed from lists is properly vetted and verified. OCSD will continue to use trained staff to perform this function.

R7

By October 31, 2019, the OCSD should meet directly with the legal community annually to share information on methods for assuring privileged telephone communications and receive input on best practices. Response: This recommendation will not be implemented because it is not reasonable. OCSD has posted procedures for ensuring phone numbers are properly listed on the do not record list. The information posted provides the legal community with sufficient information and does not require further outreach. Additionally, OCSD strengthened the pre-recorded prompt that inmates making calls and recipients of calls from jails receive in that the system now requires the inmate and the recipient to acknowledge that the calls are being recorded and the will be terminated if both the inmate and the recipient fail to acknowledge and agree to the recording by pressing the number "1."

R8

By October 31, 2019, the OCSD should develop a plan for written periodic updates to the legal community on methods for assuring privileged communications. Response: This recommendation will not be implemented because it is not reasonable. OCSD has posted procedures for ensuring phone numbers are properly listed on the do not record list. The information posted provides the legal community with sufficient information and does not require further outreach.

R9

By October 30, 2019, the OCSD should prepare an updated inmate orientation brochure and video that include information on the attorney-client privilege rights during phone calls with their attorney. Response: This recommendation has been implemented. The inmate orientation brochure was updated on July 2, 2019. {\mathbb R}