2011-2012 Santa Clara County Civil Grand Jury Report Custody or Rehabilitation? the County’s Approach to Women Inmates

Conclusions 11

• CL1 Page 17
  A majority of female inmates lack information about and assistance with planning for successful re-entry to the community. Most released individuals are not given written instructions to aid in meeting the immediate terms of release.
• CL2 Page 17
  Some in-custody programs are proven to be effective and improve outcomes for released inmates. In the past the DOC has provided programs for all risk levels of women inmates. Today, program space is limited to a fraction of the women’s population.
• CL3 Page 18
  Most female inmates lack information about available in-custody programs.
• CL4 Page 18
  Inmates are classified according to their behavior and past history and are assigned to housing units accordingly. No further consideration of the availability of programs that could rehabilitate is done during initial classification.
• CL5 Page 18
  Catholic Charities is contracted to provide emergency bus tokens. However, some women are released without any transportation assistance, such as a ride or a bus pass. They are also released with the clothing they were wearing when booked. The clothing may no longer fit or may be inappropriate given the weather on the day of their release.
• CL6 Page 19
  The gap in time between release from DOC custody to Probation supervision is a period as long as 72 hours, a sufficiently long time for a newly released individual to be distracted toward new criminal behavior.
• CL7 Page 19
  The one-stop Re-entry Resource Center (RRC) is intended to support all individuals being released (not just those released under AB 109); however, this is not clear to potentially participating agencies or released individuals.
• CL8 Page 19
  Much of the responsibility for post-release rehabilitation lies with CBOs and faith-based institutions. These organizations want to help, have resources to help, and can perform roles the criminal justice agencies do not.
• CL9 Page 20
  Mentor or sponsor-based treatment groups, such as AA and NA models, are effective because the released individual (addict) has a person upon whom they can rely on for long-term, daily support. A similar network for released inmates does not exist.
• CL10 Page 20
  The inmate request form does a poor job of communicating what type of information or services are available and may be requested.
• CL11 Page 15
  The Grand Jury found a complex system and network of dedicated professionals capable of helping women being released from jail to successfully re-enter the community. But gaps exist. Women serving jail sentences are a receptive audience for in-custody programs, which are beneficial in many ways: (cid:131) They counsel offenders whose criminal activity stems from addiction and/or substance abuse. (cid:131) They provide education and vocational training that enable released inmates to find gainful employment. (cid:131) They counsel offenders about ways to avoid lives of crime. 15 Further, those interviewed emphasized that a special focus on programming for women is constructive. If the system can strengthen the women—make them better role models and help them to overcome their dependencies—then women can help themselves and better guide their children toward non-criminal behavior. As one interviewee stated: “We have to have a positive effect on the women because they affect their children and can break the bad cycle.” However, programs continue to be cut. Apart from programs, the Grand Jury found gaps in information provided to inmates that could aid their successful re-entry. The Grand Jury also found a lack of responsibility on the part of various agencies to filling those information gaps. It is clear there is insufficient RO staff responsible for assisting or counseling the women at Elmwood in preparing effective exit plans. Yet, it is widely acknowledged by experts interviewed that without such attention and planning, particularly for women, successful re-entry and reduced recidivism are at risk. The BOS has recently directed and funded the Offices of the District Attorney and the Public Defender to be present at all misdemeanor appearances. This is expected to reduce the number of low-risk misdemeanor offenders sentenced to spending time in jail without effective programs. In addition, progressive systems endorsed by the County’s Re-entry Network and those being implemented in the County under AB 109 offer new ways of motivating offenders to help reduce recidivism. To date, these efforts are limited to AB 109 offenders, but eventually are intended to support all offenders who have served their sentences and are being released from jail. The DOC continues to reduce programs available to women in custody without providing constructive alternatives. By contrast, the Sheriff has expressed a larger commitment to broadening the DOC’s responsibilities for re-entry programs and supporting the AB 109 Realignment Implementation Plan. The broad support network being knitted together under AB 109 is the type of long-term out-of-custody support needed. Activation of this network starts before an inmate is released and includes needs assessments and an individualized plan for re-entry. If broadened to all individuals being released, it is reasonable to expect that the success anticipated with the AB 109 efforts could be achieved more broadly in the county. 16 Findings and Recommendations Finding 1: A majority of female inmates lack information about and assistance with planning for successful re-entry to the community. Most released individuals are not given written instructions to aid in meeting the immediate terms of release. Recommendation 1A: The County should prepare, maintain and distribute the written list of re-entry keys to success to be given to inmates a few weeks before their release date. Such information would include transportation information and relevant agencies with explanations of their roles, contact numbers and addresses, where and when to find a bus, a free ticket, a free phone call, a volunteer to talk to if needed. Recommendation 1B: The County should ensure the information developed in Recommendation 1A is delivered into the hands of inmates a few weeks prior to release (where possible) including an acknowledgement, signed by the released inmate and retained in their file, that the information is received. Finding 2: Some in-custody programs are proven to be effective and improve outcomes for released inmates. In the past the DOC has provided programs for all risk levels of women inmates. Today, program space is limited to a fraction of the women’s population. Recommendation 2A: Consistent with its “treatment versus re-incarceration” approach, and its commitment to effective programs, the County should re-evaluate the DOC budget to determine the value of reallocating or increasing funding to provide more programs to a larger population of women at Elmwood. Recommendation 2B: Based on the success of the recent Summit program hosted by the Chaplaincy, the County should consider including more summits on a regular basis. 17 Finding 3: Most female inmates lack information about available in-custody programs. Recommendation 3: The County should improve communication about programs to the incarcerated women by posting the same, standard description of all in-custody programs available in all housing units, along with which units are eligible to participate. Finding 4: Inmates are classified according to their behavior and past history and are assigned to housing units accordingly. No further consideration of the availability of programs that could rehabilitate is done during initial classification. Recommendation 4A: The County should broaden the classification assessment to determine whether an inmate will avail themselves of educational programs and then house them accordingly. If inmates choose non-participation, they should be moved into a housing unit where no programs are offered, freeing up space in the units that offer programs for the inmates who want them. Recommendation 4B: The County should also post information about requesting re-evaluation of one’s classification to clarify how it affects participation in programs. Finding 5: Catholic Charities is contracted to provide emergency bus tokens. However, some women are released without any transportation assistance, such as a ride or a bus pass. They are also released with the clothing they were wearing when booked. The clothing may no longer fit or may be inappropriate given the weather on the day of their release. Recommendation 5A: The County should ensure Catholic Charities supplies the bus tokens when requested. Recommendation 5B: The County should contract a CBO to provide appropriate clothing to released inmates when they need clothing. 18 Finding 6: The gap in time between release from DOC custody to Probation supervision is a period as long as 72 hours, a sufficiently long time for a newly released individual to be distracted toward new criminal behavior. Recommendation 6: The County should staff Probation officers at Elmwood to meet with and provide guidance to women on the day they are released. Finding 7: The one-stop Re-entry Resource Center (RRC) is intended to support all individuals being released (not just those released under AB 109); however, this is not clear to potentially participating agencies or released individuals. Recommendation 7A: The County should communicate to all participating CCP agencies or departments and to CBOs that the RRC is available to all newly released inmates, not just those being released under AB 109. Recommendation 7B: The County, through implementation of Recommendation 8 below, should include the information about the RRC, e.g., its address and hours of operation, to all inmates at the time of their release from jail. Receipt of this information should be acknowledged and signed for by the released inmates at the time of receipt. Finding 8: Much of the responsibility for post-release rehabilitation lies with CBOs and faith-based institutions. These organizations want to help, have resources to help, and can perform roles the criminal justice agencies do not. Recommendation 8: The County should appoint a coordinator to provide oversight and leadership to coordinate County, CBO and volunteer civic groups ready to assist with in-custody and out-of-custody support. 19 Finding 9: Mentor or sponsor-based treatment groups, such as AA and NA models, are effective because the released individual (addict) has a person upon whom they can rely on for long-term, daily support. A similar network for released inmates does not exist. Recommendation 9: The County should consider designing and funding a similar CBO group for the long- term, daily support of previous offenders, e.g., “Offenders Anonymous.” Finding 10: The inmate request form does a poor job of communicating what type of information or services are available and may be requested. Recommendation 10: The County should revise the inmate request form, or supplement it with the information distributed in Recommendation 1A to communicate to inmates, the broad range of information that may be obtained using the form, e.g., all the services available to inmates from Catholic Charities. 20 Appendix A: List of Documents Reviewed Catholic Charities of Santa Clara County, Programs & Services Brochure Catholic Charities of Santa Clara County, Inmate Support Services Program description handout (currently out of print and being revised) Catholic Charities of Santa Clara County, Inmate Support Services Program Desk Card County of Santa Clara Department of Correction, Commission on the Status of Women and the Office of Women’s Policy, Breaking Cycles, Rebuilding Lives: Gender Analysis of Programs & Services for Incarcerated Women, Report issued May 2008. Huskey & Associates in association with University of Cincinnati Center for Criminal Justice Research, Recidivism Study of the Santa Clara County Department of Correction’s Inmate Programs Final Report, January 31, 2012. Note from the Grand Jury: Due to interviewees’ concerns over the accuracy or validity of the report, it did not materially inform the Grand Jury’s work. Inmate Request Form - Rev 4/89 Office of the County Executive, Report from Center for Leadership and Transformation's Re-Entry Transformation Team (Re-Entry Transformation Team), March 14, 2011. Santa Clara County Re-entry Network Overview, August 3, 2011 and related documents on the Re-entry Network website: http://www.sccgov.org/sites/d2/Re- Entry%20Network/Pages/Re-Entry-Network.aspx Santa Clara County Department of Correction Sheriff’s Office Custody Bureau, Inmate Orientation and Rulebook, June 2011. Santa Clara County Office of Women’s Policy, Women & Girls, 2012: The State of Women and Girls in Santa Clara County, April 2012. Santa Clara County 2011 Public Safety Realignment Implementation Plan. September 27, 2011. http://www.sccgov.org/keyboard/attachments/BOS%20Agenda/2011/September %2027,%202011/203452059/TMPKeyboard203690958.pdf 21 Appendix B: Programs for Women at Elmwood, 200920 Name of Provider or Frequency of Capacity for Brief Description Program Facilitator Program Service Milpitas Adult Re-entry Daily, M-F Structured program focuses on Education (MAE), 54 Corrections 0800-1100 behavior modification and Department of Minimum Program (RCP) – 1300-1600 substance abuse issues with after Alcohol and Drugs Security Only Phases 1, 2, 3 8-week pgm care transition to phases 2 & 3. (DADS) Daily, M-F My STORI MAE, 30 Substance abuse education with 0800-1100 (Mentoring and NEXT DOOR, Minimum strong focus on after care support 1300-1600 Transition) DADS, Security only group 8-week pgm Daily, M-F 30 Substance abuse education for MAE Artemis 0800-1100 Minimum pregnant women, with after care NEXT DOOR DADS 1300-1600 Security only transition to phases 2 & 3. WINGS (Women Daily, M-F 82 Substance abuse education. May Investigating New MAE 0800-1100 Medium transition to other in-custody or Gates for 1300-1600 Security only community programs Sobriety) 20 Parents and Twice weekly, Minimum and Positive parenting class and Children Together Pat Cibert Friday Visit Medium visitation (PACT) 1230-1500 Security Daily, M-F 10 General Education MAE 0800-1100 Minimum General education (GED) 1300-1600 Security Only Daily, M-F 21 Computer Lab MAE 0800-1100 Minimum Computer applications 1300-1600 Security only Alcoholics and 25 AA/NA meetings Narcotics Twice weekly Minimum and Support Meetings Anonymous Medium 1st Loss and Grief Chaplains Wednesday of Minimum Only Support Group Class the month Job Skills Chaplains Every Tuesday Minimum Only Job Skills Space and 4th Friday of Chaplains Minimum Only Support Group Spirituality each month Faith and One evening Chaplains Minimum Only Support Group Spirituality each week For women under 25, addressing 10-week issues of identity, spiritual Heart and Soul Chaplains cycles, four Minimum Only empowerment and healthy Classes times/yr relationships with family, friends, community and God. Weekly Religious Weekly in Minimum and Chaplains Services different areas Medium 20 Breaking Cycles, Rebuilding Lives: Gender Analysis of Programs & Services for Incarcerated Women, issued by the County of Santa Clara Department of Corrections, Commission on the Status of Women and the Office of Women’s Policy, May 2008, pg. 50. 22 Appendix C: Rehabilitation Officer and Program Availability for Women at Elmwood (as of April 2012) Hous- Risk 1-4 Rehab Programs In-Dorm. Class ing (1 = low, Officer (Note: Religious Services are available to all) Population limit Unit 4 = high) (Capacity/ Occupied W2A 1 The inmate worker dorm houses “Trustys.” No 74/36 programs, but may access computer lab if time permits (i.e., if not working). W2B 1 One RO Computer access 74/53 40 supports W2C 1 AB 109 Phase I: Re-entry correction program (RCP) may be 74/47 PACT re-entry referred by Judge as part of sentence or by own class for assess- initiative. Includes components on substance abuse, this group ments, healthy relationships, Parent and Child Together (PACT) limited to also for pregnant moms to be or those who have kids 25 (space conducts (includes visitation), GED classes, computer training in room) RCP classes. training Phase II: Out of custody supervision (can go home at which night) W2D 2 includes None 85/67 NA re-entry W2E 2 This is the only L2 Program dorm. Includes; addiction 85/46 PACT planning recovery, co-dependency, anger management, WINGS, limited to GED classes, PACT 25 W2F 2 None 86/62 NA W4A* 2, 3, 4 Out of cells time is dependent on the respective 64/43 ** population on any given day. Roadmap to recovery (individual diary program: write in prescribed sections, hands in notebook, receives next One RO book) Yoga for L2 MH W4B 3, 4 supports Allowed out of cells twice every day, although amount of 64/54 Roadma time is dependent on the group to which the inmate is p and is assigned. training Roadmap to recovery (individual diary program: write in to prescribed sections, hands in notebook, receives next support book) W4C1* 2, 3, 4 AB 109 Roadmap to recovery (individual diary program: write in 16/16 re-entry prescribe sections, hands in notebook, receives next assess- book) ments W4C2 Mental Roadmap to recovery (individual diary program: write in 16/10 Health 3, prescribe sections, hands in notebook, receives next 4 book) W4C3 4 Roadmap to recovery (individual diary program: write in 16/12 prescribe sections, hands in notebook, receives next book) * Includes general population, protective custody, Sureñas, and mental health inmates in same housing unit. 23 Appendix D: Guide to Re-entry Pamphlet 24 25 This report was PASSED and ADOPTED with a concurrence of at least 12 grand jurors on this 17th day of May, 2012. Kathryn G. Janoff Foreperson Alfred P. Bicho Foreperson pro tem James T. Messano Secretary 26

Agency Responses 1

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