(endorsed) August 14, 2018 Clerk of the Court The Honorable Patricia M. Lucas Superior Court of Ca County of Santa*

R1A

The Santa Clara County Board of Supervisors should transfer sole and exclusive authority over the County jails to the Santa Clara County Sheriff by June 30, 2019. Partially disagree at the current time with Finding 1 and Recommendation 1A, since this issue is still being examined and considered by the Board of Supervisors. Over the last several years, the Board has directed examinations of the organizational framework and related legal issues pertaining to the County jails, which are complex and multi-faceted. The Board intends to address these issues during the last half of calendar year 2018. In connection with ongoing jail reform efforts, the Board has considered whether to maintain the existing management structure for the County jails, in which the Department of Correction operates the jails in conjunction and cooperation with the Sheriff, or to adopt an alternative structure. Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian <b>E</b> County Executive: Jeffrey V. Smith Memorandum to Board of Supervisors and County Executive Jeffrey V. Smith Re: Response to the Civil Grand Jury of Santa Clara County Report: "Report on Detention Facilities in the Era of Reform" August 3, 2018 In September 2016, the Board adopted an ordinance to codify the existing structure for jail operations on a temporary basis while the Board continued to explore issues of jail management and oversight. Since the Spring of 2016, the Board's Finance and Government Operations Committee (FGOC) and the Board have held many special meetings to consider 80 Summarized Recommendations on jail reforms from 15 different entities, such as the Blue Ribbon Commission on Improving Custody Operations and the Human Relations Commission. Some of these entities made recommendations about the operation of the jails, so the Board has been considering those as part of their regular ongoing review on the progress of implementing the 80 Summarized Recommendations. On February 7, 2017, the Board considered legally permissible options for the organizational structure of the County jails, and it reviewed four options for structuring the jails. One of the options was transferring all jail operations to the Sheriff. Under the current structure, the Sheriff has personnel responsibility for correctional deputies (deputy sheriffs who perform exclusively correctional functions and have peace officer authority to carry firearms in the performance of their correctional duties), correctional officers (non-peace officers with limited authority to carry firearms under the Sheriff's direction), and many other administrative staff, while the Chief of Correction has personnel responsibility only for the Food Services, Inmate Laundry, Warehouse, and Administrative Booking units. During the February 7, 2017 Board meeting, the Board directed County Administration to obtain organizational consulting services from an outside entity to evaluate from a policy perspective the legally permissible options identified by County Counsel and to provide recommendations. Following a competitive procurement process, in December 2017, the Board approved an agreement with CGL for organizational consulting services. Pursuant to this agreement, CGL conducted a detailed examination of the current organizational structure, validated an organizational chart reflecting all aspects of existing jail operations, evaluated legally permissible options for the organizational structure of the jail, and assessed the benefits and drawbacks of each organizational option. On March 20, 2018, the CGL report entitled Santa Clara County Jail Organizational Memorandum to Board of Supervisors and County Executive Jeffrey V. Smith Re: Response to the Civil Grand Jury of Santa Clara County Report: "Report on Detention Facilities in the Era of Reform" August 3, 2018 Structure Review was received by the Board. Upon consideration of CGL's report, the Board directed that the sunset date of the existing ordinance code provision governing the jail organizational structure be extended to December 2018 to allow the Board additional time to consider and adopt an organizational structure. The Board currently intends to take this issue up during the last half of calendar year 2018.

R1B

Santa Clara County Board of Supervisors should clarify the roles in jail management for the Department of Correction, the Chief of Correction, the proposed correctional administrator position, the Undersheriff, the Office of Correction and Law Enforcement Monitoring, and the Community Correction and Law Enforcement Monitoring Committee. This should be done by December 31, 2018. Over the past several years, the Board has been defining and shaping the administrative roles connected to jail operations, as described below. Chief of Correction County Ordinance No. NS-300.901, Section A20-38.1 of Chapter III of Division A20 relating to the Operation of County Jails states that the Chief of Correction shall operate the County jails in conjunction and cooperation with the Sheriff in accordance with the organizational structure adopted in the Fiscal Year 2010-2011 Budget. What this means is that currently the Chief of Correction has direct responsibility for operations and non- badge staff within the following units: Food Services, Inmate Laundry, Warehouse, and Administrative Booking. The Sheriff is responsible for all other jail functions and staff, including correctional deputies, correctional officers, and custody support assistants, as well as certain fiscal, information technology, clerical support and other staff. Proposed Correctional Administrator Position There is no approved role for this proposed position. The position was presented as a proposal in a report from the consultant CGL and entitled Santa Clara County Jail Organizational Structure Review. The report was received by the Board on March 20, 2018. As with any report from a consultant, the Board can choose to act on a proposal in a report during the Board meeting, or at a future Board meeting, or the Board can Memorandum to Board of Supervisors and County Executive Jeffrey V. Smith Re: Response to the Civil Grand Jury of Santa Clara County Report: "Report on Detention Facilities in the Era of Reform" August 3, 2018 choose to take no action. At the time of this writing, there has been no further action taken by the Board on this proposed position. Undersheriff Under administrative direction of the elected Sheriff, the Undersheriff assists in planning, organizing, directing and coordinating the staff, functions and activities of the Sheriff's Office. The position is responsible for directing the day-to-day activities of the Sheriff's Office, and assists in the establishment, coordination and implementation of policies and procedures, ensures compliance with Federal, State and local laws, and acts in the absence of the Sheriff. In recent years, the Board has appointed the Undersheriff to serve as the Chief of Correction, but this is not required by state or local law. Office of Correction and Law Enforcement Monitoring (Office) This Office will provide independent monitoring of jail and law enforcement operations of the Sheriff's Office and the Department of Correction, as well as the operations of other agencies and departments relating to law enforcement and jail operations (including, but not limited to, Custody Health Services, the District Attorney's Office, and the Office of the Public Defender). The Office will also have authority to conduct research, review internal audits and investigations, make policy recommendations, and issue reports. This Office will not have authority to impose discipline, to require or implement changes in policy, or to otherwise manage or direct the operations of any department or entity subject to its monitoring. The establishment of the Office will not change any reporting structures, and the Office will have no authority to interfere with the independent investigative and prosecutorial functions of the Sheriff or the District Attorney. Community Correction and Law Enforcement Monitoring Committee The Board established a Community Correction and Law Enforcement Monitoring Committee to serve as an advisory body to the Office. The Committee will consist of nine County residents nominated by each Supervisor (five members total) and the Director of the Office (four members), all of whom would be appointed by the Board for three-year terms. The Committee's responsibilities include: reviewing and reporting on policy recommendations; obtaining community input and feedback and conveying it to the Board, Sheriff, Chief of Correction, and other relevant entities; functioning as a bridge between the community and the Sheriff's Office and Department of Correction; Memorandum to Board of Supervisors and County Executive Jeffrey V. Smith Re: Response to the Civil Grand Jury of Santa Clara County Report: "Report on Detention Facilities in the Era of Reform" August 3, 2018 and making recommendations with the input of the Sheriff, Chief of Correction, County Executive, County Counsel, and Director of the Office. The Sheriff, Chief of Correction, County Executive, County Counsel, and Director will be entitled to attend and participate in Committee meetings, but will have no vote and will not be members of the Committee.