Grand Jury 2018-2019

R1

By September 30, 2019, the OCSD should create an onsite unit within the Inmate Services Division (OCSD/Inmate Phone System Oversight Management) to provide direct oversight of the inmate phone system. (F1, F2, F7, F8, F9, F13, F14)

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, and B. One or more: systems engineers to handle all nonproprietary hardware, software and systems problems independently and other proprietary changes directly with the phone call Recording System contractor. (F1, F2, F5, F7, F8, F12, F14)

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. (F1, F2, F8, F14)

R1

By September 30, 2019, the OCSD should create an onsite unit within the Inmate Services Division (OCSD/Inmate Phone System Oversight Management) to provide direct oversight of the inmate phone system. (F1, F2, F7, F8, F9, F13, F14)

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, and B. One or more: systems engineers to handle all nonproprietary hardware, software and systems problems independently and other proprietary changes directly with the phone call Recording System contractor. (F1, F2, F5, F7, F8, F12, F14)

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Phone System Oversight Management should develop a periodic auditing process to maintain current data and delete outdated information. (F2, F8)

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. (F1, F2, F8, F14)

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. (F3, F10)

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 (i.e. trade publications, social media, correspondence). (F3, F10)

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. (F4, F11)

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, and B. One or more: systems engineers to handle all nonproprietary hardware, software and systems problems independently and other proprietary changes directly with the phone call Recording System contractor. (F1, F2, F5, F7, F8, F12, F14)

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. (F6, F15) RESPONSES The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report: §933(c) “No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the Findings and Recommendations pertaining to matters under the control of the governing body and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the Findings and Recommendations pertaining to matters under the control of that county officer or agency head or any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the Findings and Recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all Responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices . . . “ §933.05 “(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the Response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.” Comments to the presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required from:

R1

By September 30, 2019, the OCSD should create an onsite unit within the Inmate Services Division (OCSD/Inmate Phone System Oversight Management) to provide direct oversight of the inmate phone system. (F1, F2, F7, F8, F9, F13, F14)

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, and B. One or more: systems engineers to handle all nonproprietary hardware, software and systems problems independently and other proprietary changes directly with the phone call Recording System contractor. (F1, F2, F5, F7, F8, F12, F14)

R1

By September 30, 2019, the OCSD should create an onsite unit within the Inmate Services Division (OCSD/Inmate Phone System Oversight Management) to provide direct oversight of the inmate phone system. (F1, F2, F7, F8, F9, F13, F14)

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, and B. One or more: systems engineers to handle all nonproprietary hardware, software and systems problems independently and other proprietary changes directly with the phone call Recording System contractor. (F1, F2, F5, F7, F8, F12, F14)

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. (F2, F8)

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. (F1, F2, F8, F14)

R1

By September 30, 2019, the OCSD should create an onsite unit within the Inmate Services Division (OCSD/Inmate Phone System Oversight Management) to provide direct oversight of the inmate phone system. (F1, F2, F7, F8, F9, F13, F14)

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. (F3, F10)

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 (i.e. trade publications, social media, correspondence). (F3, F10)

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. (F4, F11)

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, and B. One or more: systems engineers to handle all nonproprietary hardware, software and systems problems independently and other proprietary changes directly with the phone call Recording System contractor. (F1, F2, F5, F7, F8, F12, F14)

R1

By September 30, 2019, the OCSD should create an onsite unit within the Inmate Services Division (OCSD/Inmate Phone System Oversight Management) to provide direct oversight of the inmate phone system. (F1, F2, F7, F8, F9, F13, F14)

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. (F13)

R1

By September 30, 2019, the OCSD should create an onsite unit within the Inmate Services Division (OCSD/Inmate Phone System Oversight Management) to provide direct oversight of the inmate phone system. (F1, F2, F7, F8, F9, F13, F14)

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, and B. One or more: systems engineers to handle all nonproprietary hardware, software and systems problems independently and other proprietary changes directly with the phone call Recording System contractor. (F1, F2, F5, F7, F8, F12, F14)

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. (F1, F2, F8, F14)

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. (F6, F15) RESPONSES The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report: §933(c) “No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the Findings and Recommendations pertaining to matters under the control of the governing body and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the Findings and Recommendations pertaining to matters under the control of that county officer or agency head or any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the Findings and Recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all Responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices . . . “ §933.05 “(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the Response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.” Comments to the presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required from: