This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Note: Missing finding numbers detected: F7, F8, F9, F10, F11, F12, F13, F14, F15, F16, F17, F18, F19, F20, F21, F22, F23, F24, F25, F26, F27, F28, F29, F30, F31, F32, F33, F34, F35, F36, F37, F38, F39, F40, F41, F42, F43, F44, F45, F46, F47, F48, F49, F50, F51, F52, F53, F54, F55, F56, F57, F58, F59, F60, F61, F62, F63, F64, F65, F66, F67, F68, F69, F70, F71, F72, F73, F74, F75, F76, F77, F78, F79, F80, F81, F82, F83, F84, F85, F86, F87, F88, F89, F90, F91, F92, F93, F94, F95, F96, F97, F98, F99, F100, F101, F102, F103, F104, F105, F106, F107, F108, F109, F110, F111, F112, F113, F114, F115, F116, F117, F118, F119, F120, F121, F122, F123, F124, F125, F126, F127, F128, F129, F130, F131, F132, F133, F134, F135, F136, F137, F138, F139, F140, F141, F142, F143, F144, F145, F146, F147, F148, F149, F150, F151, F152, F153, F154, F155, F156, F157, F158, F159, F160, F161, F162, F163, F164, F165, F166, F167, F168, F169, F170, F171, F172, F173, F174, F175, F176, F177, F178, F179, F180, F181, F182, F183, F184, F185, F186, F187, F188, F189, F190, F191, F192, F193, F194, F195, F196, F197, F198, F199, F200, F201, F202, F203, F204, F205, F206, F207, F208, F209, F210, F211, F212, F213, F214, F215, F216, F217, F218, F219, F220, F221, F222, F223, F224, F225, F226, F227, F228, F229, F230, F231, F232, F233, F234, F235, F236, F237, F238, F239, F240, F241, F242, F243, F244, F245, F246, F247, F248, F249, F250, F251, F252, F253, F254, F255, F256, F257, F258, F259, F260, F261, F262, F263, F264, F265, F266, F267, F268, F269, F270, F271, F272, F273, F274, F275, F276, F277, F278, F279, F280, F281, F282, F283, F284, F285, F286, F287, F288, F289, F290, F291, F292, F293, F294, F295, F296, F297, F298, F299, F300, F301, F302, F303, F304, F305, F306, F307, F308, F309, F310, F311, F312, F313, F314, F315, F316, F317, F318, F319, F320, F321, F322, F323, F324, F325, F326, F327, F328, F329, F330, F331, F332, F333, F334, F335, F336, F337, F338, F339, F340, F341, F342, F343, F344, F345, F346, F347, F348, F349, F350, F351, F352, F353, F354, F355, F356, F357, F358, F359, F360, F361, F362, F363, F364, F365, F366, F367, F368, F369, F370, F371, F372, F373, F374, F375, F376, F377, F378, F379, F380, F381, F382, F383, F384, F385, F386, F387, F388, F389, F390, F391, F392, F393, F394, F395, F396, F397, F398, F399, F400, F401, F402, F403, F404, F405, F406, F407, F408, F409, F410, F411, F412, F413, F414, F415, F416, F417, F418, F419, F420, F421, F422, F423, F424, F425, F426, F427, F428, F429, F430, F431, F432, F433, F434, F435, F436, F437, F438, F439, F440, F441, F442, F443, F444, F445, F446, F447, F448, F449, F450, F451, F452, F453, F454, F455, F456, F457, F458, F459, F460, F461, F462, F463, F464, F465, F466, F467, F468, F469, F470, F471, F472, F473, F474, F475, F476, F477, F478, F479, F480, F481, F482, F483, F484, F485, F486, F487, F488, F489, F490, F491, F492, F493, F494, F495, F496, F497, F498, F499, F500, F501, F502, F503, F504, F505, F506, F507, F508, F509, F510, F511, F512, F513, F514, F515, F516, F517, F518, F519, F520, F521, F522, F523, F524, F525, F526, F527, F528, F529, F530, F531, F532, F533, F534, F535, F536, F537, F538, F539, F540, F541, F542, F543, F544, F545, F546, F547, F548, F549, F550, F551, F552, F553, F554, F555, F556, F557, F558, F559, F560, F561, F562, F563, F564, F565, F566, F567, F568, F569, F570, F571, F572, F573, F574, F575, F576, F577, F578, F579, F580, F581, F582, F583, F584, F585, F586, F587, F588, F589, F590, F591, F592, F593, F594, F595, F596, F597, F598, F599, F600, F601, F602, F603, F604, F605, F606, F607, F608, F609, F610, F611, F612, F613, F614, F615, F616, F617, F618, F619, F620, F621, F622, F623, F624, F625, F626, F627, F628, F629, F630, F631, F632, F633, F634, F635, F636, F637, F638, F639, F640, F641, F642, F643, F644, F645, F646, F647, F648, F649, F650, F651, F652, F653, F654, F655, F656, F657, F658, F659, F660, F661, F662, F663, F664, F665, F666, F667, F668, F669, F670, F671, F672, F673, F674, F675, F676, F677, F678, F679, F680, F681, F682, F683, F684, F685, F686, F687, F688, F689, F690, F691, F692, F693, F694, F695, F696, F697, F698, F699, F700, F701, F702, F703, F704, F705, F706, F707, F708, F709, F710, F711, F712, F713, F714, F715, F716, F717, F718, F719, F720, F721, F722, F723, F724, F725, F726, F727, F728, F729, F730, F731, F732, F733, F734, F735, F736, F737, F738, F739, F740, F741, F742, F743, F744, F745, F746, F747, F748, F749, F750, F751, F752, F753, F754, F755, F756, F757, F758, F759, F760, F761, F762, F763, F764, F765, F766, F767, F768, F769, F770, F771, F772, F773, F774, F775, F776, F777, F778, F779, F780, F781, F782, F783, F784, F785, F786, F787, F788, F789, F790, F791, F792, F793, F794, F795, F796, F797, F798, F799, F800, F801, F802, F803, F804, F805, F806, F807, F808, F809, F810, F811, F812, F813, F814, F815, F816, F817, F818, F819, F820, F821, F822, F823, F824, F825, F826, F827, F828, F829, F830, F831, F832, F833, F834, F835, F836, F837, F838, F839, F840, F841, F842, F843, F844, F845, F846, F847, F848, F849, F850, F851, F852, F853, F854, F855, F856, F857, F858, F859, F860, F861, F862, F863, F864, F865, F866, F867, F868, F869, F870, F871, F872, F873, F874, F875, F876, F877, F878, F879, F880, F881, F882, F883, F884, F885, F886, F887, F888, F889, F890, F891, F892, F893, F894, F895, F896, F897, F898, F899, F900, F901, F902, F903, F904, F905, F906, F907, F908, F909, F910, F911, F912, F913, F914, F915, F916, F917, F918, F919, F920, F921, F922, F923, F924, F925, F926, F927, F928, F929, F930, F931, F932, F933, F934, F935, F936, F937, F938, F939, F940, F941, F942, F943, F944, F945, F946, F947, F948, F949, F950, F951, F952, F953, F954, F955, F956, F957, F958, F959, F960, F961, F962, F963, F964, F965, F966, F967, F968, F969, F970, F971, F972, F973, F974, F975, F976, F977, F978, F979, F980, F981, F982, F983, F984, F985, F986, F987, F988, F989, F990, F991, F992, F993, F994, F995, F996, F997, F998, F999, F1000, F1001, F1002, F1003, F1004, F1005, F1006, F1007, F1008, F1009, F1010, F1011, F1012, F1013, F1014, F1015, F1016, F1017, F1018, F1019, F1020, F1021, F1022, F1023, F1024, F1025, F1026, F1027, F1028, F1029, F1030, F1031, F1032, F1033, F1034, F1035, F1036, F1037, F1038, F1039, F1040, F1041, F1042, F1043, F1044, F1045, F1046, F1047, F1048, F1049, F1050, F1051, F1052, F1053, F1054, F1055, F1056, F1057, F1058, F1059, F1060, F1061, F1062, F1063, F1064, F1065, F1066, F1067, F1068, F1069, F1070, F1071, F1072, F1073, F1074, F1075, F1076, F1077, F1078, F1079, F1080, F1081, F1082, F1083, F1084, F1085, F1086, F1087, F1088, F1089, F1090, F1091, F1092, F1093, F1094, F1095, F1096, F1097, F1098, F1099, F1100, F1101, F1102, F1103, F1104, F1105, F1106, F1107, F1108, F1109, F1110, F1111, F1112, F1113, F1114, F1115, F1116, F1117, F1118, F1119, F1120, F1121, F1122, F1123, F1124, F1125, F1126, F1127, F1128, F1129, F1130, F1131, F1132, F1133, F1134, F1135, F1136, F1137, F1138, F1139, F1140, F1141, F1142, F1143, F1144, F1145, F1146, F1147, F1148, F1149, F1150, F1151, F1152, F1153, F1154, F1155, F1156, F1157, F1158, F1159, F1160, F1161, F1162, F1163, F1164, F1165, F1166, F1167, F1168, F1169, F1170, F1171, F1172, F1173, F1174, F1175, F1176, F1177, F1178, F1179, F1180, F1181, F1182, F1183, F1184, F1185, F1186, F1187, F1188, F1189, F1190, F1191, F1192, F1193, F1194, F1195, F1196, F1197, F1198, F1199, F1200, F1201, F1202, F1203, F1204, F1205, F1206, F1207, F1208, F1209, F1210, F1211, F1212, F1213, F1214, F1215, F1216, F1217, F1218, F1219, F1220, F1221, F1222, F1223, F1224, F1225, F1226, F1227, F1228, F1229, F1230, F1231, F1232, F1233, F1234, F1235, F1236, F1237, F1238, F1239, F1240, F1241, F1242, F1243, F1244, F1245, F1246, F1247, F1248, F1249, F1250, F1251, F1252, F1253, F1254, F1255, F1256, F1257, F1258, F1259, F1260, F1261, F1262, F1263, F1264, F1265, F1266, F1267, F1268, F1269, F1270, F1271, F1272, F1273, F1274, F1275, F1276, F1277, F1278, F1279, F1280, F1281, F1282, F1283, F1284, F1285, F1286, F1287, F1288, F1289, F1290, F1291, F1292, F1293, F1294, F1295, F1296, F1297, F1298, F1299, F1300, F1301, F1302, F1303, F1304, F1305, F1306, F1307, F1308, F1309, F1310, F1311, F1312, F1313, F1314, F1315, F1316, F1317, F1318, F1319, F1320, F1321, F1322, F1323, F1324, F1325, F1326, F1327, F1328, F1329, F1330, F1331, F1332, F1333, F1334, F1335, F1336, F1337, F1338, F1339, F1340, F1341, F1342, F1343, F1344, F1345, F1346, F1347, F1348, F1349, F1350, F1351, F1352, F1353, F1354, F1355, F1356, F1357, F1358, F1359, F1360, F1361, F1362, F1363, F1364, F1365, F1366, F1367, F1368, F1369, F1370, F1371, F1372, F1373, F1374, F1375, F1376, F1377, F1378, F1379, F1380, F1381, F1382, F1383, F1384, F1385, F1386, F1387, F1388, F1389, F1390, F1391, F1392, F1393, F1394, F1395, F1396, F1397, F1398, F1399, F1400, F1401, F1402, F1403, F1404, F1405, F1406, F1407, F1408, F1409, F1410, F1411, F1412, F1413, F1414, F1415, F1416, F1417, F1418, F1419, F1420, F1421, F1422, F1423, F1424, F1425, F1426, F1427, F1428, F1429, F1430, F1431, F1432, F1433, F1434, F1435, F1436, F1437, F1438, F1439, F1440, F1441, F1442, F1443, F1444, F1445, F1446, F1447, F1448, F1449, F1450, F1451, F1452, F1453, F1454, F1455, F1456, F1457, F1458, F1459, F1460, F1461, F1462, F1463, F1464, F1465, F1466, F1467, F1468, F1469, F1470, F1471, F1472, F1473, F1474, F1475, F1476, F1477, F1478, F1479, F1480, F1481, F1482, F1483, F1484, F1485, F1486, F1487, F1488, F1489, F1490, F1491, F1492, F1493, F1494, F1495, F1496, F1497, F1498, F1499, F1500, F1501, F1502, F1503, F1504, F1505, F1506, F1507, F1508, F1509, F1510, F1511, F1512, F1513, F1514, F1515, F1516, F1517, F1518, F1519, F1520, F1521, F1522, F1523, F1524, F1525, F1526, F1527, F1528, F1529, F1530, F1531, F1532, F1533, F1534, F1535, F1536, F1537, F1538, F1539, F1540, F1541, F1542, F1543, F1544, F1545, F1546, F1547, F1548, F1549, F1550, F1551, F1552, F1553, F1554, F1555, F1556, F1557, F1558, F1559, F1560, F1561, F1562, F1563, F1564, F1565, F1566, F1567, F1568, F1569, F1570, F1571, F1572, F1573, F1574, F1575, F1576, F1577, F1578, F1579, F1580, F1581, F1582, F1583, F1584, F1585, F1586, F1587, F1588, F1589, F1590, F1591, F1592, F1593, F1594, F1595, F1596, F1597, F1598, F1599, F1600, F1601, F1602, F1603, F1604, F1605, F1606, F1607, F1608, F1609, F1610, F1611, F1612, F1613, F1614, F1615, F1616, F1617, F1618, F1619, F1620, F1621, F1622, F1623, F1624, F1625, F1626, F1627, F1628, F1629, F1630, F1631, F1632, F1633, F1634, F1635, F1636, F1637, F1638, F1639, F1640, F1641, F1642, F1643, F1644, F1645, F1646, F1647, F1648, F1649, F1650, F1651, F1652, F1653, F1654, F1655, F1656, F1657, F1658, F1659, F1660, F1661, F1662, F1663, F1664, F1665, F1666, F1667, F1668, F1669, F1670, F1671, F1672, F1673, F1674, F1675, F1676, F1677, F1678, F1679, F1680, F1681, F1682, F1683, F1684, F1685, F1686, F1687, F1688, F1689, F1690, F1691, F1692, F1693, F1694, F1695, F1696, F1697, F1698, F1699, F1700, F1701, F1702, F1703, F1704, F1705, F1706, F1707, F1708, F1709, F1710, F1711, F1712, F1713, F1714, F1715, F1716, F1717, F1718, F1719, F1720, F1721, F1722, F1723, F1724, F1725, F1726, F1727, F1728, F1729, F1730, F1731, F1732, F1733, F1734, F1735, F1736, F1737, F1738, F1739, F1740, F1741, F1742, F1743, F1744, F1745, F1746, F1747, F1748, F1749, F1750, F1751, F1752, F1753, F1754, F1755, F1756, F1757, F1758, F1759, F1760, F1761, F1762, F1763, F1764, F1765, F1766, F1767, F1768, F1769, F1770, F1771, F1772, F1773, F1774, F1775, F1776, F1777, F1778, F1779, F1780, F1781, F1782, F1783, F1784, F1785, F1786, F1787, F1788, F1789, F1790, F1791, F1792, F1793, F1794, F1795, F1796, F1797, F1798, F1799, F1800, F1801, F1802, F1803, F1804, F1805, F1806, F1807, F1808, F1809, F1810, F1811, F1812, F1813, F1814, F1815, F1816, F1817, F1818, F1819, F1820, F1821, F1822, F1823, F1824, F1825, F1826, F1827, F1828, F1829, F1830, F1831, F1832, F1833, F1834, F1835, F1836, F1837, F1838, F1839, F1840, F1841, F1842, F1843, F1844, F1845, F1846, F1847, F1848, F1849, F1850, F1851, F1852, F1853, F1854, F1855, F1856, F1857, F1858, F1859, F1860, F1861, F1862, F1863, F1864, F1865, F1866, F1867, F1868, F1869, F1870, F1871, F1872, F1873, F1874, F1875, F1876, F1877, F1878, F1879, F1880, F1881, F1882, F1883, F1884, F1885, F1886, F1887, F1888, F1889, F1890, F1891, F1892, F1893, F1894, F1895, F1896, F1897, F1898, F1899, F1900, F1901, F1902, F1903, F1904, F1905, F1906, F1907, F1908, F1909, F1910, F1911, F1912, F1913, F1914, F1915, F1916, F1917, F1918, F1919, F1920, F1921, F1922, F1923, F1924, F1925, F1926, F1927, F1928, F1929, F1930, F1931, F1932, F1933, F1934, F1935, F1936, F1937, F1938, F1939, F1940, F1941, F1942, F1943, F1944, F1945, F1946, F1947, F1948, F1949, F1950, F1951, F1952, F1953, F1954, F1955, F1956, F1957, F1958, F1959, F1960, F1961, F1962, F1963, F1964, F1965, F1966, F1967, F1968, F1969, F1970, F1971, F1972, F1973, F1974, F1975, F1976, F1977, F1978, F1979, F1980, F1981, F1982, F1983, F1984, F1985, F1986, F1987, F1988, F1989, F1990, F1991, F1992, F1993, F1994, F1995, F1996, F1997, F1998, F1999, F2000, F2001, F2002, F2003, F2004, F2005, F2006, F2007
Findings 7 findings
Recommendations 36
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R07-36THE BOARD OF SUPERVISORS DIRECT THE COUNTY ADMINISTRATIVE OFFICER TO NEGOTIATE AND AWARD THE CONTRACTS WITH INDIGENT DEFENSE ATTORNEYS.
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R07-37THE COUNTY ADMINISTRATIVE OFFICER SET STANDARDS TO INSURE THAT EACH CONTRACTING ATTORNEY AND SUB-CONTRACTING ATTORNEY IS QUALIFIED TO HANDLE THE TYPE OF CASE HE/SHE IS APPOINTED TO DEFEND.
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R07-38THE COUNTY ADMINISTRATIVE OFFICER DESIGNATE A COUNTY DEPARTMENT, POSSIBLY TREASURER/TAX COLLECTOR, TO HANDLE ALL ACCOUNTINGS AND PAYMENTS TO CONTRACTING ATTORNEYS. INDIGENT DEFENSE FEE COLLECTION BACKGROUND The 2005-2006 Grand Jury recommended (recommendation #06-41) that the Treasurer/Tax Collector proceed with the indigent defense fees collection program. This program was to allow the County to recover attorney fees from those defendants who are not totally indigent. The program was discontinued by the then Presiding Judge. The Treasurer/Tax Collector, in their response (#06-41), indicated that “The County lost $2 million of possible reimbursement for public defender fees due to Courts not ordering fees as recommended”. FINDINGS In 2006 the Public Defender and contract attorneys were appointed on the following criminal cases: Agency Misdemeanor Felony Public Defender 31,338 16,254 Contract Attorneys 2,709 3,808 A pilot program for the collection of indigent defense fees is being developed by the Treasurer/Tax Collector and the Court in the Rancho Courthouse. It is anticipated that this pilot program will be instituted throughout the County after a scheduled meeting with the presiding judge and approval from the judges’ executive committee. The Treasurer/Tax Collector will then be designated as the “Financial Officer” per P.C. 987.81 to collect indigent defense attorney fees. The pilot program will provide for the court at the arraignment procedure to present to defendant, among other legal notices, a portion advising the process for reimbursement of attorney fees. (This form is still in the development process). The Treasurer/Tax Collector will then process the collection of appropriate reimbursement fees from those defendants who have been determined to be able to pay for any and/or all attorney fees. The Court will be ordering defendants to pay “the maximum amount” of attorney fees subject to modification by the “Financial Officer” based on the defendant’s ability to pay. The “maximum amount” presently set by the Court is $500 for misdemeanors and $800 for felonies. Present indigent defense contracts between the Court and contract attorneys provide for the following pay schedule to the contract attorney: Misdemeanors $375.00 to $400.00 Felonies $975.00 to $1150.00 The indigent defense reimbursement program may include both misdemeanor cases and cases in which the defendant is not convicted of a crime or may be phased, one at a time, into the program. There is no procedure presently in effect for defendants appearing by video arraignment to be ordered to “Central Collections”. The Public Defender has indicated there may be 10,000 arraignments by video in 2008. The indigent defense reimbursement program will not work without the total cooperation of all judges who handle criminal cases. The Treasurer/Tax Collector has indicated judges who are overloaded with cases often forget to order attorney fees. The County lost $2 million in 2006 because of the Court’s failure to order attorney fees. RECOMMENDATIONS
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R07-39THE TREASURER/TAX COLLECTOR IMPLEMENT THE INDIGENT DEFENSE FEE COLLECTION PROGRAM COUNTYWIDE.
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R07-40THE TREASURER/TAX COLLECTOR WORK WITH THE COURT TO REQUIRE THE COURT BAILIFF TO HAND EACH DEFENDANT A FINANCIAL QUESTIONNAIRE AND A LETTER FROM “CENTRAL COLLECTIONS” NOTIFYING THEM OF THEIR RIGHTS AND ORDERING THEM TO APPEAR IN 20 DAYS TO CENTRAL COLLECTIONS.
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R07-41THE TREASURER/TAX COLLECTOR WORK WITH THE COURT TO INCREASE THE “MAXIMUM ATTORNEY FEES” TO: MISDEMEANORS $ 500.00 FELONIES $1200.00 37
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R07-42THE TREASURER/TAX COLLECTOR WORK WITH THE COURT TO ESTABLISH ATTORNEY FEE REIMBURSEMENT IN MISDEMEANOR CASES AND IN CASES IN WHICH THE DEFENDANT IS ACQUITTED.
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R07-43THE TREASURER/TAX COLLECTOR WORK WITH THE SHERIFF’S DEPARTMENT AND THE COURT TO INSURE VIDEO ARRAIGNMENT DEFENDANTS BE INCLUDED IN THE INDIGENT DEFENSE COLLECTION PROGRAM AT THE TIME OF THE VIDEO ARRAIGNMENT.
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R07-44THE TREASURER/TAX COLLECTOR WORK WITH THE COURT TO MODIFY THE ARRAIGNMENT DOCKET SHEET TO REMIND JUDGES TO INCLUDE THE ORDERING OF ATTORNEY FEES IN INDIGENT MISDEMEANOR AND FELONY CASES. JUDICIAL BENEFITS
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R07-45THE BOARD OF SUPERVISORS DISCONTINUE OR REDUCE THE JUDICIAL BENEFITS PAID TO PRESENTLY APPOINTED OR ELECTED SUPERIOR COURT JUDGES.
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R07-46THE BOARD OF SUPERVISORS NOT PAY ANY JUDICIAL BENEFITS TO ANY NEW JUDGE APPOINTED OR NEWLY ELECTED AFTER JULY 1, 2007. PROBATION DEPARTMENT BACKGROUND The San Bernardino County Probation Department handles 17,000 to 18,000 adult probationers with approximately 120 to 130 Deputy Probation Officers. The Probation Officer average caseload is 140 probationers. A Probation Department memorandum dated September 18, 2006, indicated the San Bernardino County Probation Department currently prepares 6,000 pre-sentence probation reports each year for the San Bernardino Superior Court, whereas, Orange County Probation Department prepares approximately 800 pre-sentence probation reports per year. FINDINGS The vast majority of these pre-sentence probation reports (hereafter referred to as “probation reports”) concern cases in which the defendant, the defense attorney, the District Attorney and the Court have accepted a negotiated plea agreement. These negotiated plea agreements typically resolve most, if not all, issues concerning length of jail sentence, restitution, fines and terms of probation, prior to the matter being referred to the Probation Department for a pre-sentence report. The probation reports are labor intensive. Each report requires 9-12 hours to complete (3 to 4 reports per deputy per week). Presently 25 Deputy Probation Officers spend their entire time writing pre-sentence probation reports. If 3,000 less probation reports were written per year, 14 Probation Officer IIs and one Supervising Probation Officer could be reassigned to supervision of high risk probationers or to other areas where gaps in service exist. It normally takes four weeks to complete a probation report and a defendant typically waits in county jail for an additional four weeks after accepting a negotiated plea agreement before being transported by the Sheriff's Department back to Court for sentencing. P.C. 1203(4) provides that the probation report may be waived by a stipulation of the prosecuting and defense attorneys with the consent of the Court. Riverside County Adult Probation Department writes approximately 2,000 pre- sentence probation reports each year and only writes reports on the following: 42 1. Cases that go to trial (90% of all pre-sentence probation reports) 2. Cases in which there is a “Lid” on sentencing, i.e. agreement of not more than a set number of years. 3. Cases in which there is no agreement by the District Attorney’s Office and the plea is offered by the Court. There are no pre-sentence probation reports written on any negotiated pleas other than those listed above. If there is a negotiated plea in Riverside Court, the Court does a sentencing of the defendant, whether or not a victim is available to testify. P.C. 1192.6 requires the prosecuting attorney to relay to the Court the circumstances of the offense, the medical expense involved, whether there are prior felonies involved, and the damages to the victim. Riverside Court will sentence the defendant immediately and will order restitution as determined by Financial Services. Financial Services is a department working for the Court, but funded by Riverside County. It has the responsibility to calculate and collect restitution. If defendants are not in custody they are directed to go to Financial Services immediately. If the defendant is in custody, Financial Services will contact them at the jail. Financial Services personnel get the police report which has the address and name of the victim. (Victim names are not given in sex crime cases). Financial Services then contacts the victim to determine damages, injuries, medical expense and the amount of reimbursement to be made to the victim. Financial Services then determines the amount of the restitution and it becomes a part of the court order. In many instances the Victim/Witness personnel in the District Attorney’s Office can contact the victim to determine the restitution required to be made to the victim. The District Attorney’s Office can also run a Criminal Information Identification (CII) report to determine the defendant’s criminal background. This is normally done before the preliminary hearing and is available to the Judge for sentencing if a negotiated plea agreement is reached. The San Bernardino District Attorney’s Victim/Witness Program has just requested grant money under P.C. 1382.5 of $966,813.00. The San Bernardino Probation Department has suggested the elimination of pre- sentence probation reports on negotiated pleas of: 1. Petty theft with a prior. 43 2. Vehicle theft where the vehicle is returned with minor damage. 3. Low level burglary. 4. Victimless crimes. 5. Drug cases without a victim. 6. Other low level crimes. By waiving probation reports on these negotiated pleas, 14 Deputy Probation Officers could be assigned elsewhere to provide greater supervision to high risk offenders that have committed a violent crime or who have a high potential for violating probation. The Public Defender’s office, the District Attorney’s office, the Probation Department and the San Bernardino Superior Court have agreed to waive pre-sentence probation reports for drug crimes without a victim. This went into effect March 1, 2007. It is anticipated this will eliminate approximately 1,000 probation reports and will free up approximately five Deputy Probation Officer IIs to perform other duties. The District Attorney’s office has indicated that contacting the victims to determine restitution on damages to victims is the responsibility of the Probation Department. They also indicated that the Probation Department should investigate the criminal background of defendants and not the District Attorney’s office. Their primary objection was that this is the way they have done it in the past and they were not “comfortable in waiving Probation reports on any negotiated pleas other than non- violent drug cases.” The Public Defender’s office and the Probation Department encourage waiving probation reports on other low-level crimes as Orange County and Riverside County have done. The San Bernardino Superior Court has indicated that if the prosecuting attorney and the defense attorney waive a probation report, they will consent to the waiver. If there was a waiver of probation reports for other low level crimes as listed above, it would eliminate an additional 1,800 probation reports and free up an additional nine Deputy Probation Officer IIs. It is anticipated 1,800 fewer probation reports would have the following effects: 1. Reduce the review of 1,800 probation reports by the defense attorney, the prosecuting attorney and the Judge. 2. Not tying up the following personnel in 1,800 additional court hearings: a. Judge b. Prosecuting attorney 44 c. Defense attorney d. Bailiff e. Court reporter f. Court clerk 3. County jail inmates could be released on probation or sentenced to state prison four weeks earlier. (No need to return to court four weeks later for sentencing.) 4. Fewer inmate movements from county jail to Court for in-custody defendants. 5. Reduce by 1,800 the number of Court calendared items which will allow the Court to proceed with other hearings. Freeing up nine (9) additional Deputy Probation Officer IIs and one (1) Supervising Probation Officer, would save the County over $1,000,000 per year in salaries used solely to write probation reports. RECOMMENDATIONS
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R07-47THE DISTRICT ATTORNEY’S OFFICE AND THE PUBLIC DEFENDER’S OFFICE WAIVE PRE-SENTENCE PROBATION REPORTS ON NEGOTIATED PLEAS OF THE FOLLOWING CRIMES: a. PETTY THEFT WITH A PRIOR. b. VEHICLE THEFT WHERE THE VEHICLE IS RETURNED WITH MINOR DAMAGE. c. LOW LEVEL BURGLARY. d. VICTIMLESS CRIMES. e. DRUG CASES WITHOUT A VICTIM. f. OTHER LOW LEVEL CRIMES.
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R07-48THE DISTRICT ATTORNEY’S VICTIM/WITNESS PERSONNEL CONTACT VICTIMS TO DETERMINE REIMBURSABLE EXPENSES AND RESTITUTION WHEN POSSIBLE. 45
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R07-49THE TREASURER/TAX COLLECTOR ESTABLISH A FINANCIAL SERVICES DIVISION TO WORK WITH THE COURT TO CALCULATE AND COLLECT RESTITUTION.
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R07-50THE PROBATION DEPARTMENT REASSIGN DEPUTY PROBATION OFFICERS FREED UP AS A RESULT OF FEWER PROBATION REPORTS, TO PROVIDE GREATER SUPERVISION OF HIGH RISK OFFENDERS. ANY MONEY SAVED BY NOT HIRING DEPUTY PROBATION OFFICERS COULD BE USED TO INCREASE THE NUMBER OF ADDITIONAL DEPUTY DISTRICT ATTORNEYS OR INCREASE PERSONNEL IN THE VICTIM-WITNESS PROGRAM.
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R07-51THE DISTRICT ATTORNEY AND PUBLIC DEFENDER REQUEST THAT DEFENDANTS IN NEGOTIATED PLEAS BE SENTENCED IMMEDIATELY IN ORDER TO FREE UP JAIL SPACE AND COURT PERSONNEL. PUBLIC DEFENDER BACKGROUND The Constitution provides that all persons accused of a crime be defended. Those defendants who do not have the financial means to hire an attorney will be assigned one by the court. The County Public Defender's (P.D.) office has the responsibility of representing indigent clients. It provides defense services to both adults and juveniles accused of felonies, misdemeanors, and violations of probation. FINDINGS The P.D. has started a comprehensive training program. The office is now representing defendants from arraignment to sentencing. The P.D. has reduced the number of cases the public defender has been relieved from representing a defendant because of a conflict of interest. The P.D. has reduced the number of Marsden hearings by 95%. A Marsden hearing is a hearing granted by the Court when a defendant requests that the attorney appointed to represent him or her be removed and another attorney (normally a private attorney) be appointed to represent him or her. The P.D. has recommended waiving pre-sentence probation reports on some negotiated plea cases that have the potential to free up several probation officers to perform other tasks. The P.D.’s Office currently has 111 Deputy Public Defender positions authorized. Five of those positions are unfunded and three positions are vacant. The P.D. handled over 52,723 cases in 2006, for an average of 512 cases per attorney (52,723 cases divided by 103 attorneys = 512). The P.D. estimates they will handle over 65,000 cases in 2008 for an average caseload of 585 cases per attorney (65,000 cases divided by 111 attorneys = 585). The Department of Justice's National Advisory Commission adopted a caseload standard of “no more than 150 assigned felonies per attorney per year, or no more than 400 assigned misdemeanors per attorney per year, or no more than 242 assigned juvenile cases per attorney per year.” The 2006 caseloads of area public defender’s offices are as follows: 47 Avg County Felony Juvenile Misd. Total # of Caseload Budget Cost per Cases Atty’s Per Atty Defendant San Bernardino 16,254 5,131 31,338 52,723 103 512 $28,862,282 $547 Orange 77,500 213 360 $54,865,528 $708 Riverside 14,344 3,100 17,959 35,403 131 270 $26,842,148 $758 (2004/2005) The P.D. is now present for all video arraignments at Adelanto and West Valley Detention Centers. It is estimated there will be 10,000 video arraignments per year in 2008. As a result of the P.D. having fewer conflict cases and fewer Marsden hearings granted, there has been a nine percent decrease in contract attorney felony cases and a 15 percent decrease in misdemeanor cases. The contract attorneys received average fees of $975 per defendant. The P.D. cost per defendant is $547. The reduction in contract attorney cases has saved the County over $700,000. Although the Public Defender’s office received increased staffing in 2006-2007, the increased number of countywide criminal filings, the decrease in declared conflicts and decreased Marsden hearings has resulted in increasing the P.D. caseload rather than lessening it. The Public Defender’s Office has need for 18 additional Deputy Public Defender positions (an increase to 129 positions). The average caseload would be 504 cases per attorney (65,000 anticipated cases divided by 129 attorneys = 504) which is still higher than the attorney caseload of Riverside County or Orange County. In 2006, the average caseload per Public Defender investigator was: COUNTY NUMBER OF TOTAL CASES CASES PER INVESTIGATORS INVESTIGATOR Orange 79 77,500 981 Riverside 39 35,403 908 San Bernardino 22 52,723 2,396 The Public Defender’s office does not have a comprehensive case management system. This system would enable attorneys to access files from the office or the courtroom. It would save clerical staff time, incorporate updated technology and enable multi-department coordination to enhance motion writing, case organization, and staff efficiency. Because of the increase in caseload and the number of attorney positions, there is a need for eight office assistants, six supervising office assistants, six investigators, and one supervising investigator. Extremely high attorney caseloads, investigator caseloads, and staff caseloads cause high employee, investigator and attorney turnover which ultimately leads to increased recruitment and training costs. Although the Public Defender's office will increase its office space in San Bernardino with completion of the 303 building, there is still a shortage of office space in Victorville and Fontana. The Fontana office has 4,000 sq. ft. of space for 23 staff members. Victorville has 5,300 sq. ft. of space for 26 staff members. RECOMMENDATIONS
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R07-52THE BOARD OF SUPERVISORS APPROVE FUNDING FOR 18 ADDITIONAL DEPUTY PUBLIC DEFENDERS AND TWO SUPERVISING DEPUTY PUBLIC DEFENDERS.
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R07-53THE BOARD OF SUPERVISORS APPROVE FUNDING FOR SIX INVESTIGATORS AND ONE SUPERVISING INVESTIGATOR.
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R07-54THE BOARD OF SUPERVISORS APPROVE FUNDING FOR SIX SUPERVISING OFFICE ASSISTANTS AND EIGHT OFFICE ASSISTANT II’S.
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R07-55THE PUBLIC DEFENDER DEVELOP AND INITIATE A CASE MANAGEMENT SYSTEM.
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R07-56THE BOARD OF SUPERVISORS AUTHORIZE ADDITIONAL OFFICE SPACE IN VICTORVILLE AND IN FONTANA FOR PUBLIC DEFENDER USE. SHERIFF-CORONER BARSTOW SHERIFF’S STATION AND DETENTION FACILITY BACKGROUND The Barstow Sheriff’s Station was established in 1890. The present station (a former Barstow City police office and jail) is the oldest in the County and has been in use since the early 1950’s. The building also houses courtrooms and offices for the Superior Court. The jail and booking facility is used by the Sheriff’s Department, Barstow Police, California Highway Patrol, Burlington Northern Railway Detectives and, on occasion, Military Police Criminal Intelligence Division investigators from Fort Irwin and the Barstow Marine Corps Logistics Base. Deputies from this station have patrol jurisdiction over 10,000 square miles, more than half of the total square miles of the County. This area includes Baker, Daggett, Hinkley, Lenwood, Ludlow, Newberry Springs, Sandy Valley, Yermo, Red Mountain and Trona. Station staffing consists of 71 personnel, including one captain, one lieutenant, five sergeants, four corporal/detectives, six jail deputies, one secretary, three office specialists, five custody specialists, five custody specialist assistants, one automotive and five station officers. FINDINGS Prisoner meals are stored in a refrigerator prior to being heated and served. Food is transported from the Glen Helen jail. A staff of trustees maintains the station and jail. They have a separate dormitory that is too small for the number of inmates. When these trustees have visitation with their families, there is not a visitation room and they use a small, secured patio off the staff conference room. Inmates are generally held for 36 hours or less before being transported to Adelanto or West Valley facilities, unless they are to appear before the Barstow Superior 50 Court for arraignment. They are then transported and returned on the day of their next court appearance. Parking lot facilities are inadequate for Sheriff vehicles and most deputies and employees must park on unsecured streets. Evidence storage space is seriously inadequate. Firearms are not in lockers. Evidence workers have inadequate space and security in a 6’ x 6’ room. Drugs and cash are not kept permanently on site, but are periodically transported to the Criminal Services Unit in San Bernardino. Station ammunition is stored on shelves in a 4’ x 2’ hallway wall locker. The detectives’ office is only 16’ x 12’ and contains desks and files for the station’s several investigators. The adjacent interview room is a former closet and is used as a fingerprint room for applicants for various non-criminal permits. The station and jail’s air conditioning system is inadequate for the severe desert climate. Some holding cells in the women’s section are unusable due to chronic plumbing problems, and no fire suppression sprinklers were observed in the cell area or station proper. Communication between the jail and the adjacent courtrooms is outdated. It usually consists of necessary defendant paperwork being slid under a door from the court to the jail. Only one deputy is on jail duty per shift, with a Sheriff Correction Specialist. The deputy is responsible for jail security in transferring prisoners to court bailiffs. Adjacent to the facility is a small city-owned park, purchased from the County for $1 several years ago. It would be the most cost effective site if the Board of Supervisors ever considered enlarging the station. An evaluation should be done as the condition and age of the facility might necessitate building a new station at another location. Several new developments and industries, plus the proposed new Indian casino, are scheduled for the area. The Sheriff will then need to develop new staffing and strategies to maintain the high level of law enforcement that citizens now enjoy. RECOMMENDATIONS
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R07-57REMODEL AND EXPAND THE EXISTING BARSTOW JAIL AND SHERIFF’S STATION USING THE VACANT CITY LAND NEXT TO THE FACILITY. 51
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R07-58THE BOARD OF SUPERVISORS AUTHORIZES A CAPITAL IMPROVEMENT PLAN TO BUILD AND FINANCE A NEW STATION AND JAIL IN BARSTOW.
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R07-59THE SHERIFF EVALUATE STAFFING NEEDS FOR THE FACILITY IN BARSTOW. CENTRAL COURT HOLDING FACILITY BACKGROUND The Penal Code requires the Grand Jury investigate the conditions and management of County detention facilities. The Sheriff’s Central Court holding facility is located on the fourth floor of the San Bernardino County Central Courthouse. It is a temporary holding facility for people in custody who are awaiting court appearances. The facility is classified as a “Class II Detention Facility” (pending arraignment during trial and upon sentencing), as prescribed by Title 15 Minimum Jail Standards. Built in 1926, it was originally the only San Bernardino County Jail. The facility accommodates approximately 120-200 inmates daily. Staff is comprised of six Deputy Sheriffs and one Sheriff Custody Specialist, who work Monday- Friday from 6:00 a.m. to 5:30 p.m. FINDINGS Inmates are in waist chains and leg irons when bussed daily from West Valley, Central and Adelanto detention facilities for their court appearances. They are transferred from the bus to a security elevator that only stops on the first and fourth floors. This elevator can only accommodate 3,000 pounds or 13 (1 deputy and 12 inmates per load) and is operated by an inmate trustee. After arriving at the fourth floor, the leg irons are removed and inmates are placed into separate juvenile, male and female holding cells. Males are further separated until their appearance in court. When their cases are called, they are transferred to the court annex, under guard, through different stairs and security doors. The holding area and cells are clean considering the age of the facility. It contains a small storeroom and small breakfast and lunch area for the guards. Exterminators are attempting to solve a recurring rodent and flea problem. The cooling system is adequate. There are 24 unoperable floor drains. The Fire Suppression Pre-Plan Protocol and Emergency Evacuation Plan, coordinated with the San Bernardino City Fire Department, is updated every two years. According to this plan, there are several exits in and out of holding cells. The plan calls for the majority of inmates to be evacuated through the kitchen stairwell, the stairway behind Departments S-17 and S-18, and the stairway behind Department S-21, plus the Court Annex passageway. It does not explain the evacuation plan if the Court Annex exit is destroyed or closed due to an emergency, or the electricity to the elevators is disrupted. Considering the age of the facility and the plans to build a new courthouse, major expenditures are not financially feasible. RECOMMENDATIONS
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R07-60THE PLUMBING AND DRAIN PROBLEMS IN THE CENTRAL COURTHOUSE HOLDING FACILITY NEED TO BE REPAIRED.
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R07-61UPDATE THE FIRE SUPPRESSION PLAN AND MODIFY THE EVACUATION PLAN FOR THE COURTHOUSE HOLDING FACILITY. CORONER DIVISION BACKGROUND The 2002/2003 Grand Jury investigated the Coroner’s facility. The report found the facility in unacceptable condition. Bodies were stacked three or four high and an extremely bad odor existed throughout the facility, originally built in 1986. Recommendations were made to increase the size of the Coroner’s Facility, remodel it entirely and add additional refrigeration capacity, as well as the additional staff to the Coroner’s office. FINDINGS Recently, the Board of Supervisors assigned the Coroner’s duties to the Sheriff’s Department. In November 2006 remodeling was begun on the entire Coroner’s Facility, including the installation of a new roof. A new and larger refrigeration/freezer system has been installed in addition to the existing refrigeration system. Facility upgrades include the autopsy stations, anthropology room and a facility for pathologists. When finished, the new morgue will hold approximately 170 bodies. Since the merger, the Board of Supervisors has approved 19 new staff positions and when filled, the office will have 51 full-time positions. The Sheriff is recruiting RN’s, ex-officers and paramedics, embalmers, and fire personnel. They will receive four months departmental training and two weeks specialized training. When fully staffed, the Coroner’s Office will have three full-time and three part-time pathologists. Additional investigators are needed to identify a backlog of unidentified persons. The remodeling of the Coroner’s Facility is a four-part process. The Grand Jury’s visit on April 12, 2007, found stage one of the remodeling almost complete. Final completion is scheduled for September 2007. The Sheriff’s Office requested the Board of Supervisors provide an additional Coroner’s facility in the high desert area. This request was approved and an Apple Valley mortuary was obtained and is being remodeled. The Apple Valley facility is a lease with option to buy. The additional facility has given the County two Coroner’s facilities to handle the growing population of San Bernardino County. RECOMMENDATIONS
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R07-62THE COUNTY PROVIDE ADDITIONAL CORONER INVESTIGATORS FOR THE BACKLOG OF UNIDENTIFIED BODIES.
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R07-63COMPLETE REMODELING OF THE APPLE VALLEY FACILITY AND HAVE THE REAL ESTATE SERVICES DEPARTMENT INVESTIGATE OPTION TO PURCHASE FACILITY. IMMIGRATION CUSTOMS ENFORCEMENT (ICE) BACKGROUND The Immigration Customs Enforcement (ICE) Unit is administrated by the Sheriff of the County of San Bernardino. Operations began January 2006 at West Valley Detention Center in Rancho Cucamonga only. The mission is to screen all prisoners booked at the facility to determine immigration status. San Bernardino County was the first to initiate the program in California. FINDINGS The Unit, consisting of nine specialists and one supervisor, is in operation Monday through Friday, 5:00 a.m. until midnight at the West Valley Detention Center only. The Unit is supervised by the Sheriff’s Department. The specialists must be bilingual and attend ICE training, which is funded by the Federal government. They receive no extra pay or allowance to serve in these positions. They also are required to have a high secret clearance. Only the ICE specialists are authorized access to the computers and files. All operations are monitored by Federal ICE personnel. Adequate office and work space is provided. RECOMMENDATIONS
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R07-64EXPAND THE ICE PROGRAM TO INCLUDE ALL SHERIFF’S JAIL BOOKING FACILITIES.
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R07-65CONSIDER PROVIDING STIPENDS TO ICE SPECIALISTS. SCIENTIFIC INVESTIGATIONS UNIT BACKGROUND The Sheriff’s Scientific Investigation Division provides support in the investigation of crimes committed within the County of San Bernardino. Division personnel have been commended for their expertise and assistance in solving crimes. This includes evidence monitoring, crime scene investigation, photos, evidence gathering, ballistics testing, and the analysis and testing of DNA. FINDINGS The workspace area is not adequate for the amount of investigative services that the division provides. The FBI recommends that there be 1,000 square feet of space for each analyst, but the current facility has 46 analysts in 15,226 square feet. There are currently only 10 crime scene investigators but more are needed. Evidence is brought to the facility from all Sheriff and police agencies in the County and is stored on site. One particular concern is the area where evidence vehicles are stored. They are housed outside in an unprotected area and are severely compromised by weather, animals and vandalism. The last two Grand Juries have recommended that something should be done to make the area more secure. The Sheriff’s Department currently supplies all kits for evidence gathering to all law enforcement agencies in San Bernardino County for blood alcohol, sex offense, DNA swabs and blood tubes at no charge. A digital server is needed that would download and secure all photos. Photos are currently unsecured and some evidence has appeared on websites. This would eliminate the physical storage of all photos, which occupies substantial space. RECOMMENDATIONS
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R07-66HIRE ADDITIONAL DNA ANALYSTS AND CRIME SCENE INVESTIGATORS.
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R07-67PROVIDE AN AREA INSIDE A WAREHOUSE OR INVESTIGATE CONSTRUCTION OF A MORE FEASIBLE WAY TO HOUSE VEHICLES INVOLVED IN CRIMES. 56
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R07-68CHARGE LAW ENFORCEMENT AGENCIES A NOMINAL FEE FOR ALL EVIDENCE KITS.
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R07-69PROVIDE FUNDING FOR A DIGITAL SERVER TO DOWNLOAD AND SECURE ALL PHOTOS. SHERIFF’S TRAINING CENTER/ACADEMY BACKGROUND The 23-week basic Academy training program lasts 920 hours and is considered by California Peace Officer Standards and Training (POST) to be one of the top basic academies in the State. POST has recognized the need for peace officers to have strong values of leadership, ethics, and community policing. The curriculum and format has been recognized as the standard for all the other basic academy programs in the State. This past year, 121 students completed the basic Academy program. FINDINGS The Academy trains recruits for the Sheriff’s Department and as well as other police departments. Class sizes vary from 40 to 70 students. Recruits at the Academy spend 40 hours a week in the training program. One of the most difficult areas of training is report writing. San Bernardino Community College provides an instructor to assist in educating the recruits in this area. There are four academies conducted each year. The training center consists of 650 acres on three different sites. Some of the facilities are old, in poor condition and have mold issues that are being resolved. Sewers have to be pumped every day. There is an occasional flooding problem area during heavy rains. Transporting personnel into the grounds by helicopter has been 57 necessary when flood occurs. An alternative route west of the facility is currently under development and could provide an alternate route. The Academy offers training in other areas: Advanced Officer Training, Mounted Enforcement, Firearms Training, Motorcycle Training, Driver Training and Advanced Defensive Driving. RECOMMENDATIONS
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R07-70DEVELOP AN ALTERNATE, FLOOD FREE ROUTE, INTO THE GROUND OF THE SHERIFF’S TRAINING FACILITY.
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R07-71REPAIR BUILDINGS THAT ARE IN POOR CONDITION AND REMOVE MOLD. 58
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