2022-2023 Consolidated Final Report with Responses 523 R3. The Sheriff’s Office Policy Manual should review and propose

– F8 R1 – R9 Sheriff August 21, 2023 Invited Responses Respond Within/ Respondent Findings Recommendations Respond By Santa Cruz County Public 90 Days

The Sheriff’s Office indicating no use of automated license plate readers updates the public with current information consistent with findings from the 2021 Criminal Justice Council Report. _x_ AGREE __ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): Required Response from the Santa Cruz County Sheriff Surveillance State in Santa Cruz County Due by August 21, 2023 536 Santa Cruz County Civil Grand Jury

Conflicting information on records retention within Policy 423 (Body Worn Cameras), as well as between Policies 422 (Portable Audio/Video Recorders) and 423, creates confusion and doubt for the public, and may present lack of certainty on proper records retention and disposal for Sheriff’s Office personnel. _x_ AGREE __ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): The two referenced policies and policy 606 (Unmanned Aerial System Operations) were reviewed, and the necessary changes were made to create clarity within the Lexipol Policy on retention. The policy has been posted for public view. Required Response from the Santa Cruz County Sheriff Surveillance State in Santa Cruz County Due by August 21, 2023 2022-2023 Consolidated Final Report with Responses 537

The Sheriff’s Office’s lack of documentation specific to the Cellebrite Mobile Device Forensics Tool leaves the public without critical information on how this tool will be used, and more importantly, when it will not be used. __ AGREE __ PARTIALLY DISAGREE _x_ DISAGREE Response explanation (required for a response other than Agree): The Sheriff’s Office’s use of the Cellebrite Mobile Device adheres to SB 178. As outlined in SB 178, this tool may be used pursuant to a warrant, consent, or emergences defined under the law. Required Response from the Santa Cruz County Sheriff Surveillance State in Santa Cruz County Due by August 21, 2023 538 Santa Cruz County Civil Grand Jury

The Sheriff’s Office first annual Military Equipment Inventory for the surveillance tools reviewed by the Grand Jury lacks details such as impact cost and specific linkages to Sheriff’s Office policy as required under California AB-481. This lack of detail leaves the public without clarity on aspects of cost and accountability measures. __ AGREE __ PARTIALLY DISAGREE _x_ DISAGREE Response explanation (required for a response other than Agree): The Sheriff’s Office made internal changes to improve overall reporting for military equipment leading up to and following the release of the 2022 annual report. The Sheriff’s Office is confident that the requirements of AB 481 have been fulfilled and this was supported by the Santa Cruz Board Of Supervisors with the approval of the report in May. The Sheriff’s Office provides a user-friendly method for community members to file questions or complaints via our website. Our Lexipol policy 706.9 provides community members with a direct number to the Sheriff’s Professional Standards and Conduct Unit for questions or concerns. Required Response from the Santa Cruz County Sheriff Surveillance State in Santa Cruz County Due by August 21, 2023 2022-2023 Consolidated Final Report with Responses 539

R5 Administrative Officer September 18, 2023 Definitions ● Automated License Plate Readers (ALPR): Include both mobile and fixed cameras that photograph license plates and assemble the data into a searchable database. ● Military Equipment in Assembly Bill 481 includes: Unmanned, remotely piloted, powered aerial or ground vehicles. Command and control vehicles. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses. (8) Firearms of .50 caliber or greater. (9) Ammunition of .50 caliber or greater. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls.” (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight. ● Mobile Device Forensic Tools (MDFTs): A technology allowing law enforcement to extract a full copy of data from a smartphone — all emails, texts, photos, location, contact, app data, location data, timestamps, etc., which can be programmatically searched and analyzed. ● Neighbors Public Safety Service (NPSS): An Amazon Ring platform on which participating agencies can request recorded video footage from Ring users. ● Surveillance Technology/Tool: Encompasses any digital device, software or system that gathers information on an individuals' activities or communications. Surveillance State in Santa Cruz County published June 20, 2023 2022-2023 Consolidated Final Report with Responses 525 ● Urban Areas Security Initiative (UASI): This Homeland Security Federal Grant program assists high-threat, high-density Urban Areas in efforts to build and sustain the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. The UASI program provides financial assistance to address the unique multi-discipline planning, organization, equipment, training, and exercise needs of high-threat, high-density Urban Areas, and to assist these areas in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using the Whole Community approach. Sources References 1. Santa Cruz County Criminal Justice Council. Criminal Justice Council Report 2021. Accessed October 25, 2022. https://santacruzcjc.org/meetingdocs/CJC_FINAL_111821.pdf 2. County of San Francisco. June 14, 2019. Code Library American Legal. 107-19 Chapter 19B. “Chapter 19B: Acquisition of Surveillance Technology.” Accessed May 6, 2023. https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-47320 3. David Hernandez. August 4, 2022. “San Diego City Council Approves Surveillance Tech Ordinance.” The San Diego Union-Tribune. Accessed May 4, 2023. https://www.govtech.com/public-safety/san-diego-city-council-approves-surveillan ce-tech-ordinance 4. Office of the Sheriff - County of Santa Clara. SO Policies & Procedures. Accessed May 4, 2023. https://countysheriff.sccgov.org/about-us/so-policies-procedures 5. Auditor of The State of California. February 13, 2020. State of California. Automated License Plate Readers. Accessed May 6, 2023. https://www.auditor.ca.gov/reports/2019-118/summary.html 6. Kathy Rondon. 2022. “We The People,” 98. Technics publications 7. California State Association of Counties. County Structure & Powers. Accessed May 6, 2023. https://www.counties.org/general-information/county-structure-0 8. Senator Edward J. Markey (D-Mass.. July 13, 2022. Website. Accessed May 4, 2023. https://www.markey.senate.gov/news/press-releases/senator-markeys-probe-into -amazon-ring-reveals-new-privacy-problems Surveillance State in Santa Cruz County published June 20, 2023 526 . “Ring Camera Network FAQ.” Amazon Ring Website. Accessed May 8, 2023. https://support.ring.com/hc/en-us/articles/360031595491-How-Law-Enforcement- Uses-the-Neighbors-App 10. Confidential Grand Jury document. 11. Confidential Grand Jury interview. 12. State of California. October 06, 2015. California Legislative website. SB-34. “SB-34 Automated license plate recognition systems: use of data.(2015-2016).” Accessed May 10, 2023. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB3 4 13. Confidential Grand Jury document. 14. Michael Todd. January 25, 2017. “Santa Cruz County Sheriff's Office Completes Bodycam Training.” Santa Cruz Sentinel. Accessed May 4, 2023. https://www.santacruzsentinel.com/2017/01/25/santa-cruz-county-sheriffs-office-c ompletes-bodycam-training/ 15. Sheriff's Office. January 20, 2017. “Press Release.” Santa Cruz County Sheriff's Office Website. Accessed May 4, 2023. https://www.santacruzsentinel.com/2017/01/25/santa-cruz-county-sheriffs-office-c ompletes-bodycam-training/ 16. Morgan C. Williams Jr. Nathan Weil Elizabeth A. Rasich Jens Ludwig Hye Chang Sophia Egrari. March 30, 2021. “BODY-WORN CAMERAS IN POLICING: BENEFITS AND COSTS.” University of Chicago Website. Accessed May 4, 2023. https://bfi.uchicago.edu/wp-content/uploads/2021/04/BFI_WP_2021-38.pdf 17. Confidential Grand Jury document. 18. California Legislative website. California Code, Government Code - GOV § 26202.6. “Government of Counties.” Accessed May 8, 2023. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum= 26202.6.&lawCode=GOV 19. Santa Cruz County Board of Supervisors. December 13, 2022. “Meeting Agenda.” Accessed May 14, 2023. http://santacruzcountyca.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=1570&I nline=True#page=14 20. “Homeland Security Grants.” UASI website. Accessed May 8, 2023. https://www.homelandsecuritygrants.info/GrantDetails.aspx?gid=22126 21. Logan Koepke, Emma Weil, Urmila Janardan, Tinuola Dada and Harlan Yu. October 20, 2020. Mass Extraction. Accessed May 8, 2023. https://www.upturn.org/work/mass-extraction/ Surveillance State in Santa Cruz County published June 20, 2023 2022-2023 Consolidated Final Report with Responses 527 22. April 7, 2021. Mobile Fact Sheet. Accessed May 7, 2023. https://www.pewresearch.org/internet/fact-sheet/mobile/ 23. United States Supreme Court. June 25, 2014. United States Supreme Court. Riley v. California - 134 S. Ct. 2473 (2014). Accessed May 14, 2023. https://www.supremecourt.gov/opinions/boundvolumes/573BV.pdf#page=416 24. Dimitri Gorin. July 1, 2022. When Can Police Search Your Cellphone in California?. Accessed May 7, 2023. https://www.egattorneys.com/cellphone-searches-in-california#:~:text=You%20mi ght%20be%20surprised%20to,your%20cell%20phone%20in%20California. 25. Cellebrite. “Cellebrite UFED.” Cellebrite website. Accessed May 8, 2023. https://enterprise.cellebrite.com/cellebrite-ufed/ 26. September 30, 2021. California State Assembly Casetext Website. AB-481. “AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use.” Accessed May 6, 2023. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB4 81 27. March 3, 2022. Santa Cruz County Sheriff's Office. SCSO Policy Manual. Accessed December 6, 2022. https://www.scsheriff.com/Portals/1/County/sheriff/SCSO%20Policy%20Manual% 203_4_22.pdf#page=702 28. Santa Cruz County Sheriff's Office. Annual Report 2021. Accessed October 25, 2022. https://www.scsheriff.com/Portals/1/County/sheriff/2021_Annual_Report_Online.p df 29. Santa Cruz County Sheriff's Office. December 31, 2022. Unmanned Aerial System Annual Report. Accessed May 4, 2023. https://www.scsheriff.com/Portals/1/County/sheriff/press_releases/UAS%20ANN UAL%20REPORT%202022.pdf 30. December 31, 2021. Santa Cruz County Sheriff's Office. Unmanned Aerial System Annual Report. Accessed May 4, 2023. https://www.scsheriff.com/Portals/1/County/sheriff/press_releases/UAS%20ANN UAL%20REPORT%202021.pdf 31. January 5, 2021. Santa Cruz County Sheriff's Office. Unmanned Aerial System Annual Report. Accessed May 4, 2023. https://www.scsheriff.com/Portals/1/UAS%20TEAM%202020%20REPORT%20M EDIA%20RELEASE%20.pdf 32. February 12, 2020. Santa Cruz County Sheriff's Office. Unmanned Aerial System Annual Report. Accessed May 4, 2023. https://www.scsheriff.com/Portals/1/UAS%20TEAM%202019%20REPORT%20P RESS%20RELEASE.pdf Surveillance State in Santa Cruz County published June 20, 2023 528 . Confidential Grand Jury document. 34. “Contact Us.” Central Square Solutions website. Accessed May 8, 2023. https://www.centralsquare.com/contact-us 35. Confidential Grand Jury document. 36. Santa Cruz County Sheriff's Office. 2021 Santa Cruz County Sheriff's Office Annual Report. Accessed May 10, 2023. https://www.scsheriff.com/Portals/1/County/sheriff/2021_Annual_Report_Online.p df#page= 37. “Smart Communications.” Smart Communications Website. Accessed May 8, 2023. http://www.smartcommunications.us/ 38. Confidential Grand Jury interview. 39. Confidential Grand Jury interview. 40. “Inmate Visiting & Information.” Santa Cruz County Sheriff's Office Website. Accessed May 8, 2023. https://www.scsheriff.com/Home/InmateVisitingInformation/SantaCruzMainJail.as px 41. March 9, 2023. A.B.O. Comix v. County of San Mateo complaint. Accessed May 8, 2023. https://www.eff.org/document/abo-comix-v-county-san-mateo-complaint 42. Confidential Grand Jury document. 43. Confidential Grand Jury document. 44. Curtis Driscoll. September 12, 2022. “Complaint Filed for County Jail Communications Issues.” San Mateo Daily Journal. Accessed May 12, 2023. https://www.smdailyjournal.com/news/local/complaint-filed-for-county-jail-commu nications-issues/article_e199c2de-3271-11ed-81ae-b39001192c01.html 45. Confidential Grand Jury interview. 46. Santa Cruz County Civil Grand Jury. May 2023. Envisioning the Future of our Jails. Accessed May 25, 2023. https://www.co.santa-cruz.ca.us/Portals/0/County/GrandJury/GJ2023_final/2023- 5_Jails_Report.pdf 47. December 13, 2022. “Ordinance Adding Chapter 2.17 to the Santa Cruz County Code to Establish the Office of the Inspector General.” Accessed May 10, 2023. http://santacruzcountyca.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=13729 48. Santa Cruz County Board of Supervisors. March 14, 2023. “Meeting Minutes.” Accessed May 9, 2023. http://santacruzcountyca.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2109&I nline=True#page=7 Surveillance State in Santa Cruz County published June 20, 2023 2022-2023 Consolidated Final Report with Responses 529 49. Michael Gennaco, Stephen Connolly, Teresa Magula,. August 4, 2022. OIR Group. UPDATE re Draft Sheriff General Order #10.08. Accessed May 23, 2023. https://www.oirgroup.com/_files/ugd/c0d762_f8f2a43c18c34d2eb270a39d34f9d4 c6.pdf 50. Christopher Neely. May 8, 2023. “In the Public Interest: The Civil Grand Jury and The Complexities of The Public Process.” Lookout Santa Cruz. Accessed May 8, 2023. https://lookout.co/santacruz/civic-life/story/2023-05-08/civil-grand-jury-and-compl exities-of-public-process?vgo_ee=VRKeoulrz94Tmn%2FO%2B9liIgmAYvUauNN b%2BM61tN%2FfIuk%3D Site Visits Santa Cruz County Sheriff’s Office Santa Cruz County Main Jail Santa Cruz County Rountree Detention Facility Surveillance State in Santa Cruz County published June 20, 2023 530 Santa Cruz County Civil Grand Jury Appendix A. Office of Inspector General Contract The OIG contract was awarded to OIR Group of Playa Del Ray, CA at the December 9, 2022 Board meeting, with the contract period beginning in March, 2023 (Contract #23C4696).[48] One example of the type of work OIR Group completed with potential benefit to oversight in Santa Cruz County is providing Santa Clara County with an assessment of their Sheriff’s Office Military Equipment Inventory in compliance with California AB-481. For example, the completed assessment suggests consideration of policy language which explicitly states that the Sheriff’s Office operationally directs and manages the use of military equipment in mutual aid scenarios, while also requiring that other agencies adhere to their own policies.[49] The newly created Inspector General will have similar investigatory powers to the Grand Jury, such as the power of subpoena, but with both significant differences and additional advantages: ● It will not cease to exist, and need to start fresh with a new group of citizens. ● It may act as an advocate for the Sheriff’s needs for resources before the Board of Supervisors. ● It may issue periodic reports calling attention to issues of public interest concerning the operation of the Sheriff’s Office, such as surveillance. ● It may provide the public with greater transparency of the Sheriff’s Office operations.[50] Surveillance State in Santa Cruz County published June 20, 2023 2022-2023 Consolidated Final Report with Responses 531 Grand Jury Required response to Grand Jury report is past due Chris Clark Mon, Aug 28, 2023 at 2:06 PM To: "grandjury@scgrandjury.org" Cc: "syda.cogliati@santacruzcourt.org" Hi Judge Cogliati and Kim, My apologies. We completed this a few weeks ago, and I thought it had been submitted. Please see attached. Please let me know if you are missing any other responses from our Office. [Quoted text hidden] 2023-7aR_Surveillance_Sheriff_Packet.pdf 256K 532 Santa Cruz County Civil Grand Jury The 2022–2023 Santa Cruz County Civil Grand Jury Requires the Santa Cruz County Sheriff to Respond by August 21, 2023 to the Findings and Recommendations listed below which were assigned to them in the report titled Surveillance State in Santa Cruz County Who surveils those who surveil us? Responses are required from elected officials, elected agency or department heads, and elected boards, councils, and committees which are investigated by the Grand Jury. You are required to respond and to make your response available to the public by the California Penal Code (PC) §933(c). Your response will be considered compliant under PC §933.05 if it contains an appropriate comment on all findings and recommendations which were assigned to you in this report. Please follow the instructions below when preparing your response. Surveillance State in Santa Cruz County Published on June 20, 2023 2022-2023 Consolidated Final Report with Responses 533 Instructions for Respondents Your assigned Findings and Recommendations are listed on the following pages with check boxes and an expandable space for summaries, timeframes, and explanations. Please follow these instructions, which paraphrase PC §933.05: 1. For the Findings, mark one of the following responses with an “X” and provide the required additional information: a. AGREE with the Finding, or b. PARTIALLY DISAGREE with the Finding – specify the portion of the Finding that is disputed and include an explanation of the reasons why, or c. DISAGREE with the Finding – provide an explanation of the reasons why. 2. For the Recommendations, mark one of the following actions with an “X” and provide the required additional information: a. HAS BEEN IMPLEMENTED – provide a summary of the action taken, or b. HAS NOT YET BEEN IMPLEMENTED BUT WILL BE IN THE FUTURE – provide a timeframe or expected date for completion, or c. REQUIRES FURTHER ANALYSIS – provide an explanation, scope, and parameters of an analysis to be completed within six months, or d. WILL NOT BE IMPLEMENTED – provide an explanation of why it is not warranted or not reasonable. 3. When your responses are complete, please email your completed Response Packet as a PDF file attachment to both The Honorable Judge Syda Cogliati Syda.Cogliati@santacruzcourt.org and The Santa Cruz County Grand Jury grandjury@scgrandjury.org. If you have questions about this response form, please contact the Grand Jury by calling 831-454-2099 or by sending an email to grandjury@scgrandjury.org. Required Response from the Santa Cruz County Sheriff Surveillance State in Santa Cruz County Due by August 21, 2023 534 Santa Cruz County Civil Grand Jury Findings

The Sheriff’s Office of Corrections’ lack of clear documentation specific to inmate tablet use leaves the public without critical information on how the information collected is used, how this information is retained, and more importantly, when disposal occurs for non-evidentiary records. _x_ AGREE __ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): The Sheriff’s Office created Policy #522 – Electronic Tablets that will address tablet usage, retention of data, and other tablet related matters. Required Response from the Santa Cruz County Sheriff Surveillance State in Santa Cruz County Due by August 21, 2023 2022-2023 Consolidated Final Report with Responses 541

R9 Defender September 18, 2023 Santa Cruz County 90 Days