Sheriff-coroner Department Sandra Hutchens County of Orange Sheriff-coroner California Undersheriff John L. SCOlT

R1

The OCSD should provide CEO Risk Management with Captains' logs on a daily basis. (F. I) Response: The recommendation will not be implemented because it is not reasonable. The Orange County Sheriffs Department (OCSD) currently does not have a log generated by Captains. There are 24-hour logs maintained and updated as serious calls or significant events occur in field operations and in our jail facilities. The information contained in these logs may contain Law enforcement sensitive information some of which may be protected by the California Penal Code, Government Code and Evidence Code. The OCSD however wishes to provide the CEO Risk Management office with all necessary and/or relevant information so they may be apprised of significant events as soon as practical. To that end, the OCSD will work with the CEO Risk Management office to determine the most efficient way to accomplish this while maintaining the integrity of Law Enforcement sensitive information.

R2

A detailed study should be conducted to determine whether risk management activities for OCSD claims and lawsuits would be better and more efficiently per- formed in OCSD. (F. I) Response: The recommendation requires further analysis. The goal is how to best serve the citizens of the County of Orange. In the opinion of the Sheriff's Risk Management Bureau (RNIB) ,the claims process can 141 1':i.g~ 1<c\ i \ c d X / ~ / O O ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJU RY RESPONSE I CONDITIONOF ORANGE COUNTY JAILS be more effectively accomplished if the process is moved closer to the originating agency, the Sheriff's Department. At times the claims process is excessively delayed due to the "middleman" style process currently being utilized. Even when a claim is sim~listicin nature, it may take months, pass through numerous hands, and increase investigative cost exponentially before a proper determination can be made on ,the validity of the claim. These delays are not the fault of anyone in particl-~lar,b ut due to the antiquated system currently in place, which does not appear to serve the public or the Department as well as it could. Based on contemporary theories and practices currently utilized by the larger county law enforcement agencies, as well as other public entities, it may be in the best interest of the County for the OCSDIRMB to take a more active role in the claim andlor lawsuit process as f suggested by the Grand Jury's report. J To accomplish these recommendations the OCSDIRMB is willing to perform several functions currently managed by CEOIRisk Management including settlement authority, case management including acceptance and denial of claims, an active role in contract attorney selection, attend arbitration and mediation conferences, and information dissemination throughout the department. The current process does not allow for an immediate resolution of a small claim when it is clear, after an investigation, that the claim should be denied or the claimant should be compensated for their loss. Additionally, the lack of involvement and familiarity of final claim disposition makes it difficult to identify risk, establish mitigation plans, and report risk issues to executive-level command. Moving these functions alone; in theory, would reduce cost to the County and the OCSD by reducing the number of hours and individuals involved in handling and reviewing a claim. Additionally, it will allow the OCSD the opportunity to proactively manage necessary change in the department. 151Page R e v i s e d 8 / 5 / 0 9 ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URYRE SPONSE CONDITIOIVO F ORANGEC OUNTYJ AILS OCSD faces several obstacles before assuming a more effective role in conducting risk functions. A Board Resolution adopted April 7, 1992 prevents OCSD from having check writing authority or weighted input into claim resolution. This resolution would need to be amended for OCSD to authorize claim payment or at least be consulted during this process. To truly assess the feasibility of the Grand Jury's recommendation an in-depth study would be appropriate. Due to the severe budget cuts of the County and OCSD, a realistic timeframe for this study cannot be established. The OCSD would recommend however, that this feasibility study begin The OCSDIRMB team has performed many practices associated with establishing sound and capable risk management processes, but deficiencies remain due to OCSDIRMB's inability to be more intricately involved in the process. The risk management process provides a clear and structured approach .to identifying risks. Having a clear understanding of all risks would allow OCSD to I measure and prioritize these risks and take the appropriate actions to reduce losses. Risk management has other benefits for OCSD, including: Saving resources: Time, assets, income, property and people are all valuable resources that can be saved if fewer claims occur. Protecting the reputation and public image of the organization. I I I Preventing or reducing legal liability and increasing the stability of operations. Protecting personnel and the public from harm. I Enhancing the ability to prepare for various circumstances. 161Pagc iteviscd 8 / 5 / 0 9 ~ ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJU RYRE SPONSE CONDITIONO F ORANGCEO UNTYJ AILS . Reducing liabilities. To strengthen risk management activities, ,the OCSDIRNIB recommends the following items be included in the feasibility study: Provide input on the resolutions of claims and lawsuits to CEO Risk Management and contract attorneys. Ensure CEO Risk Management provides timely updates on final claim dispositions including payouts and status of claims. Allow unlimited contact with contract attorneys. Allow contract attorneys to provide regular briefings on significant risks to OCSDIRMB staff, so they can play a role in mitigating these risks. Consider publishing the outcome of claimsllawsuits for department dissemination and training. Review the April 7, 1992 "Resolution of the Board of Supervisors". The review would include a new resolution seeking permission to allow RMB staff the authority for check writing payments to claimants where the department is liable. R e v i s e d 8 / 5 / 0 9 I I ORANGE COUNTY SHERIFF'S DEPARTMENT II GRANDJU RYRE SPONSE I CONDITION OF ORANGE COUNTJYA ILS

R3

The OCSD and the Board of Supervisors should pursue with the AOC needed facility upgrades and maintenance to avoid future safety issues at courthouse holding facilities. (F.2 ) Response: The recommendation has not yet been implemented, but will be implemented in the near future. 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 currer~tlyb eing upgraded with security cameras to help mitigate safety and security concerns. r' 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 holding cell electronic control panel. This security upgrade is projected to begin in March 2010. The Harbor Justice Center (HJC) was built 1975. The HJC's holding cell control panel is also currently being upgraded. Sheriffs Administration has been working with the OC Superior Court on the construction and' implementation of a courtroom located at the Orange County Central Jail Complex. This courtroom will eliminate the need to transport and temporarily house a large portion of inmates at the courthouses thus freeing up holding cells. The Custody Operations Command has prioritized this program. ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URYR ESPONSE CONDITIOONF ORANGE COUNTY JAILS

R4

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.

R5

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 continue to monitor progress of AB900 and AB320 in support of future funding opportunities to support Musick expansion. R e v i s e d 8 / 5 / 0 0 ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJU RY RESPONSE I CONDITION OF ORANGE COUNTYJ AILS

R6a

Video visitation capability should be authorized, funded and implemented at the Musick facility and, if possible, the other jail facilities. (F. 9) Response: The recommendation will not be implemented because it is not reasonable. This recommendation has not been implemented due to county budgetary constraints and a lack of resources (staffing, video visitation "booths", systems I integration, etc). n Recommendation 6 In order to achieve cost savings, CCTV should be placed in all city jails where feasible to be utilized for all court appearances where inmates do not have to be personally present. (F.9 ) Response: The recommendation will not be implemented because it is not reasonable. The Orange County Sheriffs Department does not have control over any city jail and therefore cannot require city jails to implement CCN. However, video arraignment is currently being utilized at the Central Jail Complex (CJX). CJX is currently performing approximately 130 video arraignments per week. OCSD Research and Development has recently completed a project at the Musick Facility to convert space into an area acceptable for video arraignment. With this facility infrastructure in place, Musick Facility staff is working with the Courts to irr~plemenvt ideo arraignment. ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJU RYRE SPONSE CONDITIOOFN O RANGCE OUNTJYA [LS I

R7

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, ISD tracks all inmates who have participated in programs while in custody, been released and re-offend. This allows ISD staff to reassess these individuals to determine l why they re-offended in hopes of providing them the necessary tools to succeed in the future. ISD has also developed partnerships with the Orange County Probation Department and the University of lrvine (UCI) Center for Evidence Based Corrections. The Orange County Probation Department has an extensive research unit that will assist OCSD in developing and sharing data to refect the impact that in custody and post custody programming has on reducing recidivism rates. UCI Center for Evidence Based Corrections has agreed to assist ISD in developing and publishing studies to reflect the impact that in custody and post custody programming has on reducing recidivism rates. By collaborating with both of the aforementioned departments, ISD will be able to provide quantitative information to support its programs. R e v i s e d 8 / 5 / 0 9 I I ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URYRE SPONSE I CONDITIOONF ORANGEC OUNTJYA ILS !

R8

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 disqualifying medical r' conditions onto a Sheriff's monitored home confinement program. However each of these proposals needs to be fully studied to be certain any impact to public safety is kept to a minimum prior to making these changes. Proposals for expanding the current alternatives to incarceration programs will be evaluated by December 2009.

R9

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 recruit volunteers for both ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URYRE SPONSE CONDITION OF ORANGE COUNTYJ AILS in-custody and post-custody services. OCSD will also continue to be the lead agency of the Orange County Reentry Partnership (OCREP), which meets bimonthly to examine Orange County's inmate re-entry practices and to improve the community-based services provided to persons who are released from jail or prison into Orange County communities. OCREP currently has over 50 government, private, non-profit, and faith-based members. Two volunteer programs aimed directly at assisting inmates successfully transition into their communities are the faith-based parenting class and faith-based mentoring program. The faith-based mentoring program is currently being offered to inmates housed in the Intake Release Center (IRC). This is an eight-week course designed to help inmates understand how to become better parents. The faith- based mentoring program allows inmates to be matched with a mentor prior to release who will provide leadership, guidance, and support that many of these individuals are lacking.

R10

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 ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URYRE SPONSE CONDITION OF ORANGE COUNTYJA ILS I

R11

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 generated to enhance legibility and include the Inmate's name, booking photo, booking number, and correlated barcode. Module Cards w~lal lso have the Inmate's correlated barcode printed on them. Barcode technology provides access to enhanced information, as well as improved control, tracking, records, accountability and security. OCSD Divisions to benefit from this technology include but are not limited to: Custody Operations, Court Services, Medical Services, Inmate Services/Commissary, Records and Transportation. The projected date for implementation will be September, 2009.

R13

I I The OCSD should finalize the draft overtime policy, resolve any outstanding issues with the employee unions, and approve the new overfime policy as soon as possible. (F. 18) ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URYRE SPONSE CONDITIONO F ORANGCEO UNTYJ AILS Response: 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 OCSD is preparing for labor union negotiations and will address this updated policy and any associated concerns of the unions at that time. It is anticipated this will occur by December 2009. Once this review is completed by OCSD Administration and the affected labor unions, the updated policy will be finalized and published. It should be noted that many portions of the updated overtime policy have been implemented and personnel are working within many of the recommendations from the overtime audit report.