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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 4 findings
F1
Page 23
The Grand Jury finds that the council members authorized by the City Council to author arguments in favor of Measures M, T, and U did not author those arguments submitted to the City Clerk, and did not publicly disclose their intention not to author the arguments before submitting the arguments to the City Clerk. The council members’ failure to author the arguments deprived the City Council of statutory priority for its arguments in the event other arguments in favor of each measure had been submitted to the City Clerk. The council members’ failure to author the arguments and to disclose their intention not to author the arguments was contrary to the City Council’s intent in authorizing the members; contrary to the California Elections Code, City Code, and City Elections Guidelines provisions for obtaining priority; and contrary to the best practices for transparent election procedures.
F2
Page 23
The Grand Jury finds that the Mayor failed to timely file a ballot argument in opposition to Measure U because his assistants who were assigned to prepare and submit the argument to the City Clerk misunderstood the filing requirements. This failure to timely file the argument was negligent, not intentional. 18
F3
Page 24
The Grand Jury finds that the City Council authorized council members to author arguments both in favor of and in opposition to measures it approved for placement on the ballot. Given the statutory preference accorded arguments authorized by the City Council, the Council’s authorization of arguments both in favor of and in opposition to a measure it has approved for placement on the ballot can preclude the filing of other opposition arguments to a measure or, at minimum, may discourage the submission of other opposition arguments, creating the possibility that the City Council could effectively limit legitimate opposition to a measure, either by submitting a token opposition argument or failing to submit an opposition argument.
F4
Page 24
The Grand Jury finds that the City Clerk’s Office staff advised a council member authorized to author arguments in favor of measures placed on the ballot by the City Council, to delay submitting the arguments to the City Clerk’s Office until just before the filing deadline and until after the opposition argument had been submitted (informing the council member of the date and time a measure opponent was scheduled to submit its opposition), in order to prevent the media and measure opponents from reviewing the argument in advance of the opposition’s submission. In response to the staff’s advice, the council member delayed submitting arguments to the City Clerk’s Office until just before the filing deadline and after the measure opponent had submitted its argument. The staff’s communication with the council member was inconsistent with the non-partisan role of the City Clerk’s Office with respect to municipal elections.
Recommendations 4
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R1Page 23The Grand Jury recommends that the City Clerk promulgate, and the City Council approve, election guidelines that ensure that council members authorized by the City Council to author an argument respecting a measure, will do so.
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R2Page 24The Grand Jury recommends that the City Clerk develop and provide formal training for the City Council and staff, as well as the general voting public, regarding the filing requirements for ballot measures and arguments.
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R3Page 24In the absence of state law barring such a practice, the Grand Jury recommends that the City Council adopt guidelines precluding authorizing council members to author arguments both in favor of and in opposition to a measure that the City Council approves for placement on the ballot.
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R4Page 24The Grand Jury recommends that the City Clerk provide training to its staff regarding the Elections Office’s non-partisan role with respect to municipal elections. 19
Conclusions 9
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CL1 Page 49Misdemeanor convictions
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CL2 Page 49Felony convictions sentenced to county jail as a condition of probation
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CL3 Page 49Probation violators from the State and County.
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CL4 Page 49Overflow inmates from the county jail with pending criminal cases.
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CL5 Page 49State prisoners transferred to county jail pursuant to Assembly Bill 109 and
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CL6 Page 74Teachers, parents, administrators, and staff must be held accountable for student education.
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CL7 Page 74In order for no student to be “left behind” or to get lost in the education system, efforts must be made by all relevant government agencies to work together. GRAND JURY TOUR NOTES
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CL8 Page 71It would be impractical for small districts and often inefficient for larger districts to serve these students. The SCOE also educates at-risk students in juvenile hall and community schools; SCOE works to provide these students with the skills and knowledge that they will need in order to better their educational outcome, and increase their prospects to lead successful, productive lives. The SCOE also has a program called Community Action for Responsive Education (CARE), which is an intervention and diversion program for at-risk students. School districts partner with CARE to develop strategies for academic and social success for at-risk students. Part of the intervention process is directly related to continuing the LINKS program using transition specialists. The specialists, along with the teaching staff, focus on credit recovery, acquisition of diplomas and/or a General Education Development (GED) equivalency examination, as well as assisting with college applications, career exploration, internships, community service opportunities, preparation for return to home schools and tutoring. LINKS (Leadership in everyday life, Ingenuity in thought and practice, Navigating choices, Keeping promises, Sufficiency in preparation) is an academic and career technical education model aimed at helping high-risk students succeed. Services are tailored to individual students based on their specific needs instead of traditional, scripted education. The model is infused into the curriculum implemented in programs serving all SCOE Court and Community School students and Special Education students at Leo A. Palmiter Jr./Sr. High School. By teaching employability skills, practicing those skills in a "real life" environment, and providing positive adult connections, students succeed in measurable ways. Other direct services include the Regional Occupational Programs (ROP) that prepares students for a variety of careers. The SCOE also operates the Sly Park Environmental Center that offers weekly outdoor educational programs for over 6,000 students annually. TECHNICAL ASSISTANCE AND PROFESSIONAL DEVELOPMENT The SCOE provides leadership, professional development and technical assistance to districts and schools in areas of current need and interest. Examples include the new California Common Core Standards, transitional kindergarten, instructional technology, support of new teachers and aspiring school administrators through a 65 leadership program that confers a Preliminary Administrative Services Credential and staff training in the content areas of Mathematics, English/Language Arts, Science and the Arts. SCOE PROGRAMS English Language Services are provided for English as a Second Language (ESL) students at schools operated by SCOE, as part of each student’s educational program. The SCOE also acts as the regional lead for Federal Title III accountability, and in that role supports local school districts to improve programs and services for ESL students, with the ultimate goal of helping students attain English proficiency and academic achievement. Special Education The SCOE provides extensive and specialized services for students with disabilities. The SCOE Special Education Department provides special education related services for severely disabled students in all 14 school districts within the County. The SCOE supports the Infant Development Program, special preschools, Supporting Early Education Delivery Systems, and is a partner in the Sacramento County Quality Child Care Collaborative, which provides training and resources to childcare providers for students with special needs. The SCOE has special day class programs for students with emotional, severe cognitive, physical, medical and/or autistic disabilities from the ages of 5 to 22. There are 40 special day classrooms settings on 23 sites and six special education teachers in twelve inclusion sites. In addition to these unique and specialized services, SCOE serves as the Sacramento County Special Education Local Plan Area (SELPA) Administrative Unit for nine of the school districts. SELPA’s goal is to deliver high quality special education programs and services in an efficient and cost- effective manner. The SCOE receives the funds and is responsible for seeing that each child receives appropriate services. The SELPA helps districts comply with legal requirements, and provides professional development activities to foster better relationships between schools and families, serving over 8,000 special education students and their families. 66 Students incarcerated in the county youth facility receive instruction from Sacramento County Office of Education teachers. The Sacramento Juvenile Court Schools provide a support network of quality services that promote and lead in educational excellence. The curriculum is continuously adjusted to meet the competitive educational needs of our changing student population. Juvenile Court School programs currently operate at El Centro Junior/Senior High School (Juvenile Hall). The SCOE also provides a junior and senior high school curriculum for students who are detained in facilities that are supervised by the Sacramento County Probation Department. The education programs utilize standards-aligned curriculum and career-technical education to provide relevant learning experience for students enrolled in the programs. These schools provide the means for students to develop and implement a student success plan for effective living and learning. In partnership with the Sacramento County Probation Department, students are better prepared for transition to a future without recidivism. While both programs are successful and independent of each other, the coordination between the two programs is minimal. Charter Schools Charter schools are either funded directly by the California Department of Education, and treated as a local school district, or through their local school district, and are locally funded. The governance structure of charter schools varies. Schools that have been created by the district board and are a part of the districts portfolio of schools are dependent, while schools formed by parents, teachers, community members or charter management organizations are independent. As of 2012, 31 charter schools exist in Sacramento County. Of these, 11 are dependent. Budget The SCOE budget is approximately $85 million per year. Half of the budget comes from education funding for the specific student populations served by SCOE (special education, juvenile court school, at-risk students). The remainder comes from competitive grants and contracts and fees for services which include programs which support and enhance education in the districts. Funding for local school districts comes directly from the state and does not pass through SCOE. School lunch programs are funded by state and federal governments. 67 The Emergency Repair Program was born out of the Williams lawsuit that sought to entitle every student to a clean, safe and functional school. The program is funded at $800 million from Proposition 98 reversion funds. The Office of Public School Construction has not added to the workload priorities since December
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CL9 Page 42Staff at SAC appeared very knowledgeable and dedicated to maintaining safety and security while trying to rehabilitate what they described as a particularly difficult population. 36 Folsom State Prison INTRODUCTION The grand jury toured Folsom State Prison (FSP) pursuant to California Penal Code section 919(b), which states: “(t)he grand jury shall inquire into the condition and management of the public prisons within the county.” The FSP was opened in 1880, and is the second oldest prison in California after San Quentin. It was the first maximum security prison in the state. According to the California Department of Corrections and Rehabilitation (CDCR), as of November 2012, the facility's total population was 2,545 inmates, or 103.1 percent of its design capacity of 2,469. The FSP is located on 40 acres of land. There are five housing units within the secure perimeter, including the original two-tiered structure. Unit 1 is the most populous cellblock in the United States, with a capacity of nearly 1,200 inmates on four five-tiered sections. All cells include toilet, sink, bunks, and storage space for inmate possessions. There are two dining halls, a large central prison exercise yard, and two smaller exercise yards. The visiting room includes an attached patio, as well as space for non-contact visits. Due in part to the construction of California State Prison, Sacramento, a maximum security facility, FSP was redesignated in 1986 to a medium security facility. The mission of FSP is “to house Medium Security Inmates in a secure and effective manner consistent with Departmental, State, Federal and relevant Case Laws while providing access to a variety of Vocational/Educational Training, Prison Industries Authority (PIA) as well as Religious and Self-Help Programs aimed at reducing recidivism rates.” INMATE TRANSITION PROGRAMS WITHIN FSP According to the CDCR, holding a job is one of the best predictors of parolee success and key to reducing victimization and strengthening public safety. The link between in-prison rehabilitation programs and employment is critical. California’s New Start prison-to-employment program is modeled after the best practices from other states. Most of the programs listed below are designed to provide a marketable skill for inmates after their release from prison: 37 PIA: License Plate Factory (manufactures 50,000 plates per day), Sign Shop, Furniture Shop, Metal Fabrication, Print Shop and Digital Services (Mapping). PIA Modular Building Enterprise and Pre-Apprenticeship Program. Vocational: Masonry, Building Maintenance, Office Services, Welding, (AWS Certification), and Auto Mechanics (ASE Certification). Academic: Adult Basic Education, General Education Development, Adult High School, English as a Second Language. Other Programs: Correctional Learning Network, Community Crews, Self Help Groups (Alcoholics Anonymous/Narcotics Anonymous), Youth Diversion, Parenting, Fitness For Life, Healthful Living, Parenting, Library, correspondence courses, Military Veteran's Group, and college programs. Alpha Re-Entry Program: Offers life skills that include parenting, celebration of recovery, alcohol, drug and other addictive behaviors, preparing inmates for re-entry into their families and communities. California New Start Prison to Employment Transition Program: A pre- release employment program for eligible inmates. The program consists of a four-week 70-hour curriculum consisting of: transition planning, job search techniques, job applications, resume writing, interview preparation, financial literacy, and One Stop Career Center orientation. Folsom Project for the Blind and Visually Impaired: The Braille project teaches inmates to transcribe textbooks, graphic images, music and other material into Braille. Most of the inmates working in the program have become certified in at least one type of Braille, and many hold multiple certifications. One of the hallmarks of the program is that of the 19 people who have been paroled after participating in the program, none have returned to prison. Of the five people in the United States who hold every certification in Braille, three are inmates at FSP. Through a contract with a community-based organization, the CDRC provides an onsite case manager as a family reunification liaison for inmates and family members. The organization assists with inmates’ pre-release preparation and conducts parenting and creative conflict resolution classes for inmates. The FSP has over 1,000 staff. This includes custody personnel, support services, and medical staff. The prison has an annual operating budget in excess of $100 million. 38 The grand jury toured the entire prison including inmate housing, kitchen, bakery, laundry, medical facilities, exercise yards, classrooms, and the PIA facilities. During the tour, all questions were answered by tour personnel. At the conclusion of the tour, the grand jury met with the warden and staff for a question and answer session. Grand jurors were impressed by the dedication, knowledge and professionalism of all staff members that were encountered during the tour. 39 Sacramento County Main Jail INTRODUCTION/BACKGROUND The California Penal Code section 919(b) requires that the sitting grand jury “shall inquire into the condition and management of the public prisons within the county.” The grand jury observed the daily operations of the Sacramento County main jail to gain an understanding of the jail’s operational procedures related to the custody responsibilities for pre-trial and convicted inmates. The mission of the Sacramento County main jail is “to ensure public safety by the secure detention of those persons committed to our custody. We will also ensure that those persons committed to our custody are provided a safe and humane environment with treatment consistent toward that end.” The main jail is located at 651 I Street. It was completed in 1989 as a state-of-the- art facility. The building includes 1,252 total cells with a maximum capacity of 2,432 inmates. The daily average population is 2,400 inmates, of which 90 percent is in custody for felonies. The average length of incarceration is 31 days, which reflects both pre-trial and convicted inmates. On the day of the tour, the inmate population was at 94 percent capacity. In addition to pre-trial inmates, the jail also houses 375-425 federal inmates for the United States Marshall’s Office and up to 129 federal inmates for Immigration and Customs Enforcement. There are approximately 220 females housed in the jail. A portion of the main jail includes the Lorenzo E. Patino Hall of Justice. The four courtrooms handle an average of 6,800 court cases per month; most of the defendants are in custody at the main jail. The Sacramento County main jail serves as the primary booking intake facility for inmates in Sacramento County. The jail handles over 49,000 bookings a year. On average, there are 135 bookings per day. The booking process (e.g., assigning a cell, completing background check, conducting medical tests, identifying possible gang affiliation, etc.), may take 8 to 12 hours to complete by the jail officers. The annual cost of operations is $64 million, which includes $33 million for personnel services. The daily housing fee for outside agencies is $77.17 per day. Over 8,000 meals are served each day at an average cost of $3.50 per day. The main jail is budgeted for 384 employees (excluding full-time medical and psychiatric), including 254 sworn and 130 civilian staff. At present, there exists a 12 percent vacancy rate. 40 The Correctional Health Services of the Sacramento County Sheriff’s Department provides access to medically necessary and emergency health care including: health screening, nurse sick call, doctor’s sick call, medication administration, outpatient medical housing, and dental treatment to relieve pain and infection. Radiology, dialysis, ophthalmology, obstetrics/gynecology, and orthopedic services are provided as-needed through internal clinics. Outside hospitals and medical specialists provide additional medical services through negotiated contacts or county rate schedules. Jail Psychiatric Services provides mental health services to inmates through a contractual agreement between the University of California, Davis, Department of Psychiatry and Behavioral Sciences and Sacramento County. The primary goals of the program include suicide prevention and treatment of the mentally ill. The wide range of medical and psychiatric services provided by Sacramento County Sheriff’s Department must meet the mandated requirements for inmate care as detailed in Title 15, Minimum Standards for Local Detention Facilities; California Medical Association Standards for Health Services in Adult Detention Facilities, California Penal Code section 4011.6; Welfare and Institutions Code section 5000, et seq. (the Lanterman-Petris-Short Act which ended involuntary civil commitments to a mental health institution), and the California Department of Mental Health regulations. GRAND JURY TOUR NOTES The main jail’s staff provided an initial orientation and complete overview of the facility and the areas that would be toured. Areas reviewed during the tour included: booking areas, inmate cell blocks and cells, kitchen, laundry, psychiatric unit, medical facilities, and pharmacy. The Assistant Commander and two deputies escorted the grand jury throughout the facility and provided every opportunity to discuss details of staff assignments and inmate environment. STAFF CONTACTED Immediately following the tour, a panel discussion occurred with the Commander, Assistant Commander, Operations Commander, Administrative Sergeant, Classification Officer, Psychiatric In-Patient Unit Officer, Fiscal Budget Manager, Chief of Correction Health Services, Assistant Chief of Correctional Health Services, Medical Director of Correctional Health Services, Director of Nursing and Clinical Services, Clinical Director of Jail Psychiatric Services, Food Service Program Manager, and Program Administrator Adult and Community Education. 41 GRAND JURY TOUR NOTES The policies and procedures of the main jail facility appeared to meet the requirements of the California Department of Corrections and Rehabilitation. A high degree of professionalism was evident throughout the tour. Inmates appeared to be provided a safe and humane environment by attentive and well-trained staff. The facility was clean and well-maintained. Random inspections of fire extinguishers indicated routine services are up to date. Medical and mental facilities were well-organized. Pharmacy safety precautions and controls were impressive. The kitchen area was clean and well-staffed to meet nutritional needs of inmates. No issues or concerns were noted during the tour.