Score: +8 (10/6/2)

Orange County Grand Jury • 2008-2009

Condition of Orange County Jails Summary

Published: November 18, 2008 16 pages

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⚠️ 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: F4, F7, F8, F15, F16, F18

Findings and Recommendations 13 findings

Holding cells could is to review it with the employee independent civilian review of the eventually present unsafe unions. OCSD. The stated purpose is to working conditions for Sheriff The Crout & Sida (C&S) report monitor, assist, oversee, and advise personnel because needed noted previously performed a the OCSD in the investigation of upgrades and maintenance comprehensive staffing assessment the following: are being delayed. of the jails and concluded each had 1. Review selected internal and “staffing shortages that significantly citizen complaints alleging that

Related Recommendations (1)

For purposes of subdivision will be implemented in the future, ing body of the public agency (b) of Section 933, as to each grand with a timeframe for implementa- when applicable. This timeframe jury recommendation, the respond- tion. shall not exceed six months from ing person or entity shall report one (3) The recommendation the date of publication of the of the following actions: requires further analysis, with an grand jury report. (1) The recommendation has explanation and the scope and pa- (4)The recommendation will been implemented, with a sum- rameters of an analysis or study, not be implemented because it is mary regarding the implemented and a timeframe for the matter to not warranted or is not reason- action. be prepared for discussion by the able, with an explanation there- officer or head of the agency or fore. 2008-2009 Orange County Grand Jury 2008-2009 Orange County Grand Jury

The jail system is oper- impact the ability of the OCSD peace and custodial officers ating within its capabilities to safely operate and manage the committed certain actions, or and therefore overcrowding county jail system.” This conclu- inactions, in the performance of is not currently an issue. sion validated the principal cause their duties. of the overtime identified in the 2. Review selected incidents of F.4: Recently completed jail performance audit noted above, that death or serious injury occur- needs assessment reports is, staff vacancies. C&S recom- ring to persons while in cus- predict a significant popula- mended that an additional 455 tody. tion increase in minimum custody personnel were needed to The mission of the OIR is to and medium-security in- insure the safety and security of strengthen the response of the mates. the County jail system. Since the OCSD to critical incidents and

No recommendations for this finding

Without a Musick majority of the additional positions allegations of officer misconduct, medium-security capacity recommended by C&S pertain to as well as to increase the public’s expansion, early release of CJX (253 new positions) the Grand confidence in those responses, by inmates may be the only op- Jury reviewed the specific points providing full-time civilian over- tion available to avoid OCSD (some that have been implemented sight. jail overcrowding. and others that are subject to further It is too early to measure the ef- study) for achieving efficiencies at fectiveness of the OIR. The Execu-

Related Recommendations (1)

The OCSD and the security and medical rea- Sheriff-Coroner Board of Supervisors should sons. (F.6) Responses to Recommenda- pursue discussions with the

Early release of in- that facility by the redeployment tive Director indicates that he has mates through the use of of staff to unfilled positions, thus received full cooperation from the alternates-to-incarceration reducing overtime. The OCSD has Sheriff and her staff. After nine programs (e.g. Community already begun the process of de- months the OIR recently issued its Work Program (CWP) have veloping the specifications for the first report, and as of the time of avoided gross overcrowding selection and training of SSO’s to this writing the Grand Jury has not within OCSD jails. fill vacant positions within the jails. had the opportunity to review it. Based on this review the Grand F.7: Today’s inmate profile Findings Jury believes CJX will make a is made up of more serious significant contribution towards In accordance with Califor- and mentally ill offenders achieving the $3 million in over- nia Penal Code Sections 933 and who require greater segre- time savings identified in the audit. 933.05, each finding will be re- gation thus reducing bed sponded to by the government space. I. Office of Independent entity to which it is addressed. The Review F.8: Re-entry and post-re- responses are to be submitted to lease programs have re- The Office of Independent Re- the Presiding Judge of the Supe- duced inmate recidivism but view (OIR) was created to address rior Court. The 2008-2009 Orange there exists little quantitative alleged problems of law enforce- County Grand Jury has arrived at information and analysis to ment misconduct. After a thor- the following findings: support such a conclusion. ough examination of the identified F.1: Both the OCSD and problems within the Department, CEO Risk Management per- the Board of Supervisors authorized form risk management activi- 2008-2009 Orange County Grand Jury

Related Recommendations (1)

In order to achieve cost Required Responses (F.17) savings, CCTV should be The California Penal Code placed in all city jails where R.12a: Statistics and data specifies the required permis- feasible to be utilized for all should be quantified and sible responses to the findings and court appearances where analyzed to measure the recommendations contained in the inmates do not have to be success of the CWP. (F.14, report. The specific sections are personally present. (F.9) F.15) quoted below:

The Board of Supervi- F.16: When inmates are Responses to Findings F.1 sors has not authorized the interviewed at the IRC medi- through F.18 and F.20 are re- Musick expansion project cal screening area there is quired from the Orange County and there is no alterna- no privacy provided and this Sheriff-Coroner tive proposal. Video visita- could result in reluctance Response to Finding F.1 is tions and arraignment were to reveal relevant personal requested from the County Execu- features of the expansion information. tive Officer project. Responses to Findings F.9,

Related Recommendations (1)

Volunteers are critical to R.14: The OIR should sub- lier for the preparation of the the success of the Inmate mit a written progress report Musick expansion design/ Services Division/Inmate on a quarterly basis as con- construction documents. Re-Entry Unit and the OCSD tractually required. (F.19) The estimated cost is $9.2 should continue supporting million. These documents

F10

Even with an immedi- fied by wristband or module the Board of Supervisors ate Musick expansion go- card. Other than color, the Responses to Finding F.16 and ahead in 2009, new beds to only information on the card

Related Recommendations (1)

R10

While being booked ing loop at Theo Lacy. (F.20) debate, litigation and project at the IRC medical screen- delay. (F.3, F.4, F.5, F.7, F.9, Responses to Recommendations ing area, privacy should be

F11

OCSD provides many nia Penal Code Sections 933 and correctional programs to jail F.18: An audit report issued 933.05, each recommendation will inmates aimed at easing in October, 2008, concluded be responded to by the government re-entry into the community. that the previous administra- entity to which it is addressed. The The re-entry programs utilize tion mismanaged the use of responses are to be submitted to volunteers and have proven overtime in the OCSD, and the Presiding Judge of the Superior to be successful in assisting lacked clear policy guide- Court. Based on the findings, the inmates and their families. lines and protocols for man- 2008-2009 Orange County Grand aging it. OCSD has taken Jury makes the following recom-

Related Recommendations (1)

R11

Bar codes on wrist- tions R.3, R.4, R.6 and R.15 are State and local communities bands should include book- required from the Orange County regarding the Musick expan- ing number, photo, medical Board of Supervisors sion to resolve any outstand- needs and special issues, Response to Recommendation ing issues and objections. which would allow greater R.14 is requested from the Office (F.3, F.4, F.7, F.9, F.10, F.13) control, accountability and of Independent Review

F12

Programs to address steps to remedy the situa- mendations: and solve the projected tion and this has resulted R.1: The OCSD should inmate population growth for in reduced costs, however, provide CEO Risk Manage- the period between now and as of the time of this report, ment with Captains’ logs on when expansion of Musick a new policy has yet to be a daily basis. (F.1) is completed have not been approved. defined. R.2: A detailed study should

No recommendations for this finding

F13

The only location for Board of Supervisors. It was whether risk management jail expansion in Orange created to provide indepen- activities for OCSD claims County is the Musick facility. dent oversight regarding and lawsuits would be better incidents and allegations and more efficiently per-

Related Recommendations (1)

R13

The OCSD should (2)The respondent disagrees alternatives to incarceration finalize the draft overtime wholly or partially with the find- should be developed, fund- policy, resolve any outstand- ing, in which case the response ed and implemented and ing issues with the employee shall specify the portion of the existing programs expanded unions, and approve the finding that is disputed and shall 2008-2009 Orange County Grand Jury include an explanation of the (2) The recommendation has department being investigated or reasons therefore. not yet been implemented, but reviewed, including the govern- 2. For purposes of subdivision will be implemented in the future, ing body of the public agency (b) of Section 933, as to each grand with a timeframe for implementa- when applicable. This timeframe jury recommendation, the respond- tion. shall not exceed six months from ing person or entity shall report one (3) The recommendation the date of publication of the of the following actions: requires further analysis, with an grand jury report. (1) The recommendation has explanation and the scope and pa- (4)The recommendation will been implemented, with a sum- rameters of an analysis or study, not be implemented because it is mary regarding the implemented and a timeframe for the matter to not warranted or is not reason- action. be prepared for discussion by the able, with an explanation there- officer or head of the agency or fore. 2008-2009 Orange County Grand Jury 2008-2009 Orange County Grand Jury

F14

The CWP is effective of law enforcement mis- formed in OCSD. (F.1) for inmates who are not a conduct. The overall effec- threat to society and can be- R.3: The OCSD and the tiveness of this additional come productive members Board of Supervisors should oversight organization has of the community. pursue with the AOC needed yet to be determined. facility upgrades and mainte-

No recommendations for this finding

F17

An inmate is identi-

No recommendations for this finding

F19

The OIR reports to the be conducted to determine

No recommendations for this finding

F20

The booking/receiving nance to avoid future safety have not been analyzed in loop at Theo Lacy is out- issues at courthouse holding order to quantify the success dated, inadequate and inef- facilities. (F.2) and savings achieved by the ficient for the handling of the CWP. increased inmate population. 2008-2009 Orange County Grand Jury

No recommendations for this finding

Additional Recommendations 4

These recommendations are not explicitly linked to specific findings.

R4

Funding should be to meet inmate population new overtime policy as soon authorized for immediate growth. (F.6, F.10, F.12) as possible. (F.18) expenditure in 2010 or ear-
R7

Develop a way to R.12b: In order to increase §933.05 calculate recidivism rates savings, the OCSD should 1. For purposes of Subdivision to adequately measure the identify ways to expand (b) of Section 933, as to each grand effectiveness of re-entry the CWP for minimum-risk jury finding, the responding person and post-release programs inmates who are currently or entity shall indicate one of the provided by Inmate Services not participating in the following: Division. (F.8) program. (F.14, F.15) (1) The respondent agrees with the finding.
R8

Programs that provide
R15

A study should be con- the recruitment of these key can be used to address the ducted to reconfigure and contributors. (F.11) concerns of the surrounding remodel the booking/receiv- communities, avoid future

Agency Responses 1

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

Sheriff-Coroner

August 17, 2009 • 19 responses • Score: +8 (+10, 6, -2) View Details ▾

PDF

19 responses to findings and recommendations

Response: Agree Score: +1

Agree with the finding. The Central Justice Center (CJC) was built in 1966. The CJC is pending transfer to the state. Until this transaction is completed, large upgrade projects have been put on hold. However, holding cells are currently being upgraded with security cameras to help mitigate safety and security concerns. The West Justice Center (WJC) was built in 1967. The WJC's holding cell control station is slated to be remolded and is currently in the bidding phase. The North Justice Center (NJC) was built in 1974. In MayIJune 2009 an engineer consulted with detention staff on upgrading the...

Response: Unknown

Score: 0

Agree with the finding. This issue has been identified as a potential problem in both the Jail Needs Assessment Report and an internal survey of the medical screening area. The medical staff does conduct private interviews with inmates when necessary.

Response: Disagree Partially Score: 0

Disagree partially with the finding. The respondent agrees that 'the jail system, at the time of ,the report, is currently operating within its capabilities; however, the respondent believes jail overcrowding is currently and will continue to be an issue. CI-~rrentlyt he OCSD jail system is operating within its means and capacities; however, the jail system faces an increase in the segment of the inmate population that requires protective custody and total separation from the general jail population. These inmates require separate housing and are confined solely in two-man cells, thus reducing...

Funding should be to meet inmate population new overtime policy as soon authorized for immediate growth. (F.6, F.10, F.12) as possible. (F.18) expenditure in 2010 or ear-

Response: Will Not Implement

Score: -1

Funding should be authorized for immediate expenditure in 2010 or earlier for the preparation of the Musick expansion design/construction documents. The I estimated cost is $9.2 million. These documents can be used to address the concerns of the surrounding communities, avoid future debate, litigation and project delay. (F.3, F.4, F.5, F. 7, F.9, F. 70, F.73) Response: The recommendation will not be implemented because it is not reasonable. I This recommendation has not been implemented due to county budgetary I constraints.

Response: Agree Score: +1

Agree with the finding. .. Budgetary constraints have limited the forward development of the Musick Master Plan. -. .. . . - - .. - .. . .. . . . .. .. . - . .. -. - -. - -- - - -- . - -. - . . .. .. .- . .. - - - .-. - - - -- , .. . .. . - - 6IPage R e v i s e d 8 / 5 / 0 9 GRANDJ URYRE SPONSE CONDITIOONF O RANGCEO UNTJYA ILS

The OCSD and the security and medical rea- Sheriff-Coroner Board of Supervisors should sons. (F.6) Responses to Recommenda- pursue discussions with the

Response: Implemented

Score: 0

The OCSD and the Board of Supervisors should pursue discussions with the State and local communities regarding the Musick expansion to resolve any outstanding issues and objections. (F.3, F.4, F. 7, F.9, F. 10, F. 73) Response: The recommendation has been implemented. The Sheriff-Coroner continues to meet with representatives from the cities of Lake Forest and Irvine. Currently, the three parties are working on points of cooperation that can be added to the Environmental Impact Report (E.1.R) addendum to resolve outstanding issues and objections. Additionally, department and county staff conti...

Response: Agree Score: +1

Agree with the finding. The Community Work Program (CWP) does reduce overcrowding in the OCSD jail system by giving the department a placement option for low-risk and nonviolent offenders.

Develop a way to R.12b: In order to increase §933.05 calculate recidivism rates savings, the OCSD should 1. For purposes of Subdivision to adequately measure the identify ways to expand (b) of Section 933, as to each grand effectiveness of re-entry the CWP for minimum-risk jury finding, the responding person and post-release programs inmates who are currently or entity shall indicate one of the provided by Inmate Services not participating in the following: Division. (F.8) program. (F.14, F.15) ...

Response: Implemented

Score: 0

Develop a way to calculate recidivism rates to adequately measure the effectiveness of re-entry and post-release programs provided by lnmate Setvices Division. (F. 8) Response: The recommendation has been implemented. For the past 12 months, the Inmate Services Division (ISD) has collected data related to inmate programming participation, which will be used to track and assess inmate recidivism. A research analyst was hired to work along with the UCI School of Criminal Justice Graduate program to develop appropriate and meaningful guidelines for gathering and analyzing this data. Currently, IS...

Programs that provide

Response: Requires Analysis

Score: 0

Programs that provide alternatives to incarceration should be developed, funded and implemented and existing programs expanded to meet inmate population growth. (F.6 , F. 1 0, F. 12) Response: The recommendation requires further analysis. As previously stated, 'the Corr~munityW ork Program can be expanded to inmates who reside in adjacent and neighboring cities outside of Orange County, by allowing inmates with certain disqualifying charges more than 5 years ago to be eligible for the program, by increasing the nurr~bero f maximum sentence days from 150 to 200 days, and by placing inmates with...

Response: Agree Score: +1

The Board of Supervisors has not authorized the Musick expansion project and there is no alternative proposal. Video visitations and arraignment were features of the expansion project. ~ . -. SIPage Revised 8 i 5 1 0 9 GRANDJ URY RESPONSE CONDITIONO F ORANGEC OUNTYJA ILS ~ Response: Agree with the finding. While the Musick expansion project has not been funded, modifications to the Musick Facility have been completed to incorporate a Video Arraignment area. Courts are determining whether they want to integrate this area into their existing arraignment area currently being utilized at the Cent...

Response: Implemented

Score: 0

Volunteers are critical to the success of the lnmate Setvices Division/lnmate Re- Entry Unit and the OCSD should continue suppotting the recruitment of these key contributors. (F. I I) Response: The recommendation has been implemented. Orange County Sheriff's Department (OCSD) and Inmate Services Division (ISD) understand that volunteers are vital to providing in-custody and post-custody programs. In 2008, ISD had over 1,000 community volunteers participating in programs for inmates. In the same year, community volunteers provided over 7,400 hours of service. OCSD and ISD will continue to recr...

F10

Response: Agree Score: +1

Agree with the finding. This time estimate is dependent on the County Projects process. I I

R10

While being booked ing loop at Theo Lacy. (F.20) debate, litigation and project at the IRC medical screen- delay. (F.3, F.4, F.5, F.7, F.9, Responses to Recommendations ing area, privacy should be

Response: Will Not Implement

Score: -1

While being booked at the IRC medical screening area, privacy should be afforded to the inmates for security and medical reasons. (F. 6) Response: The recommendation will not be implemented because it is not reasonable. An initial survey of the medical screening area was conducted on April 29, 2009. DIJt~o budgetary constraints, the engineering and architectural (E&A) planning has not been conducted. A complete E&A analysis must first be completed before construction planning and cost analysis can be made. The medical staff has the ability to conduct confidential interviews when necessary. I ...

F11

Response: Agree Score: +1

Agree with the finding. OCSD utilizes the services of over 1,000 volunteers to provide numerous programs for inmates. Volunteer activities focus on substance abuse and recovery, self-esteem, maintenance of family relationships, religious activities, and faith-based programming. - . R e v i s e d 8 1 5 i 0 9 I GRANDJ URYRE SPONSE CONDITION OF ORANGE COUNTJYA ILS Findins 12 Programs to address and solve the projected inmate population growth for the period between now and when expansion of Musick is completed have not been defined. Response: Agree with the finding. The current Community Work Pr...

R11

Response: Will Implement

Score: +1

Bar codes on wristbands should include booking number, photo, medical needs and special issues, which would allow greater control, accountability and security. The bar code could be scanned, thus saving the County a considerable amount of dollars in reducing medical errors, the risk of mistaken releases and special protection needs. (F. 17) Response: 'The recommendation has not been implemented, but will be implemented in the future. The Orange County Sheriff Department will soon be irnplementing a new Policy and Procedure for both wristbands and module cards. Wristbands will be computer gener...

F13

Response: Agree Score: +1

Agree with the finding. I Other locations within the county have been viewed as potential sites for I expansion, however due to proximity with the other jail facilities, county courthouses, hospital facilities, etc., the Musick location has been identified as the most accessible and economically prudent option. ... . . . . . . . .-... - - - - -. .-- - . - -. , .. . .-. - .- . .. - . . .. .. . .. - - . . . . . . .- -. -. 10IPage R e v i s e d 8 / 5 / 0 9 GRANDJ URRYE SPONSE CONDITION OF ORANGE COUNTYJA ILS Findins 14 The CWP is effective for inmates who are not a threat to society and can beco...

R13

Response: Will Implement

Score: +1

The recommendation has not been implemented, but will be implemented in the near future. The OCSD recently updated the department overtime policy outlining overtime usage. The updated policy addresses issues noted in the 2008 overtime audit. This includes but is not limited to clarification on overtime usage, the parameters for overtime justification, scheduling, and review of overtime budgets. The updated overtime policy has tentative approval but did change some of the past overtime practices, and therefore requires the OCSD to meet and discuss this policy with affected labor unions. The OCS...

R15

A study should be con- the recruitment of these key can be used to address the ducted to reconfigure and contributors. (F.11) concerns of the surrounding remodel the booking/receiv- communities, avoid future

Response: Implemented

Score: 0

A study should be conducted to reconfigure and remodel the bookingheceiving loop at Theo Lacy. (F.20) Response: The recommendation has been implemented. In April of 2009, a space study of the Theo Lacy Booking Loop was completed. Recommendations contained in the study have not been implemented due to budget constraints. Note: The Musick Jail expansion project will include bookinglreceiving operations that will take these recorr~mendationsin to account.

F17

An inmate is identi-

Response: Agree Score: +1

Agree with the finding. The Orange County Sheriff's Department will soon be implementirlg a new Policy and Procedure for both wristbands and module cards. Wristbands will be computer generated to enhance legibility and include the inmate's name, booking photo, bookirlg number, and correlated barcode. Module Cards will also have the inmate's correlated barcode printed on them.