San Joaquin County Trand Jury Nobler Civic Life to Fulthe Justice Administration Center What is a Grand Juror?*

Observations 8

• OB1
  Develop correctional and law enforcement training academies Encourage volunteerism by expanding interaction between Sheriff's Team Active Retired Seniors (STARS) and the Sheriff's Citizens Academy INVESTIGATION The Grand Jury reviewed the SO response to the 2008/09 Grand Jury Report consisting of two findings and three recommendations and conducted a follow-up investigation. On November 18, 2009, the Sheriff-Coroner and staff were interviewed. Kitchen Status (See Appendix B, F1 and R3) The County of San Joaquin and the SO has entered into a three year contract with Aramark to have all daily meals delivered to the jail starting on December 12, 2009. The contract provides for two one-year extensions. This is a temporary system until permanent changes relating to expansion or replacement of the current facility. The jail kitchen at the Honor Farm has been dismantled. There is ongoing work to repair the infrastructure of the building. The tray washing facility has been revamped. Overall sanitation concerns have been rectified. Title 15 Minimum Jail Standards have been met. Court Safety (See Appendix B, F2 and R2) Note: Refer to San Joaquin County Courthouse, Stockton Main Report for further discussion. The Grand Jury reviewed the SO response to the 2008/09 recommendations and investigated the status of court safety. Actions taken relating to procedural operations of the main Stockton San Joaquin County Court Services Security, a division of the SO, were reviewed. This review was subsequent to an attack upon a Superior Court Judge and two separate escape attempts in 2008. The investigation examined whether sufficient safeguards were implemented to reduce further escapes and limit assaults to persons within the confines of the main Stockton San Joaquin Courthouse. The Grand Jury met with SO Court Services, the Court's Business Services Manager and a supervisor of the Guardsmark Security Corporation (a contracted security firm). The Grand Jury toured facility layout, observed custody operations, courtroom procedures and security screenings at various times throughout this investigation. The Grand Jury reviewed current Court Security Policies and the Custody Division's Policies and Procedures. After the judge was attacked, the SO conducted a Post Incident Review which resulted in several changes to internal communications, custodial procedures and equipment. Communication has been greatly enhanced by the establishment of a liaison between the Jail Classification Unit, District Attorney Investigators, and the court security staff. These offices are in daily contact. A grant allowed purchase of a Body Orifice Security Scanner (BOSS) metal detection chair. This metal detection chair was installed and implemented in August of 2009. BOSS can determine if the prisoner has the presence of metal on their body when entering the courthouse jail. Each prisoner is scanned prior to "pat-down" and before classification segregation. Defense attorneys prefer defendants wear street clothes during jury trials. The courthouse building design does not allow complete segregation of inmates from civilians. This may lead to inmates being given prohibited items or escaping. This is one of the greatest exposures to public safety. Custody staffing levels were reduced prior to the incident. The Post Incident Review indicates insufficient deputies to provide courthouse security. Current staffing makes matching officers to courtrooms a logistical nightmare. The high volume of court cases, fast-paced environment and required paperwork created numerous distractions for the bailiffs. Bailiffs have been directed to slow down and concentrate on their primary duty, which is courtroom security. Bailiffs are required to stand by an inmate witness. For non-criminal cases, Guardsmark provides bailiff services. Restraints in the form of anchored shackles have been installed in courtrooms. Defendants who pose a risk to courtroom safety are tethered as directed by the judge. This action takes place out of the presence of the jury. Inmates are not moved into or out of the Stockton Courthouse temporary holding facility unless they have handcuffs, waist chains and/or leg restraints based on the inmate's risk classification. Video Arraignment (See Appendix B, R1) Note: Refer to San Joaquin County Courthouse, Stockton Main Report for further discussion. The SO supports video arraignment but has no jurisdictional authority. The SO was the only responder to the 2008/09 Grand Jury recommendation. The Grand Jury has chosen to revisit this issue.
• OB2
  Evidence Based Programming This training has provided a productive and positive atmosphere for staff and wards.
• OB3
  Jurors accumulated approximately 170 hours while participating in the ride along. All law enforcement agencies within the county participated. While patrolling, there were many citizen contacts requiring an estimated 115 incident reports. Some response times were delayed due to prioritization of calls and actual time enroute to the location. Other factors were the time to investigate and mediate the incidents and the necessity of documentation. Officers reported "dead spots" within their jurisdictions that made radio communications difficult. All jurors who participated in the ride along had memorable moments that will last a lifetime. The ride along gave them a better understanding of the officer's job while observing officers working under potentially dangerous and very harsh conditions. Officer comments regarding the most interesting and rewarding aspects of their job included settling of issues, detaining and removing alleged perpetrator from the streets, creating a safe environment and returning personal property. The Grand Jury observed duplication in the booking process of prisoners using the same electronic reporting system. One juror noted that during a ride along in Lodi, LPD uses the LiveScan system which is also used by other law enforcement agencies in our county to book prisoners. Then when transporting a prisoner to the County Jail, the same LiveScan booking entry information is repeated. Another juror noted that during a ride along in Tracy, an officer made an arrest, using LiveScan, at TPD, and then transported the suspect to County Jail. The officer said, "How great this LiveScan is, it eliminates duplication, and expedites the booking at the county jail." The technology is used to expedite the booking process and should eliminate duplication. Duplication of the bookings appears to be a waste of time and non-use of resources. The EPD recently moved into a new building. This impressive facility lacks visual monitoring capability of the detention cells and sally-port (an enclosed location to load and unload detained persons in a secure manner). Assault rifles have become common in law enforcement agencies throughout San Joaquin County. However, the EPD does not have assault rifles.
• OB4
  The Grand Jury understands the limitations imposed upon detention facilities due to the current economic situation. The Grand Jury also understands that conditions and operations are imposed upon this facility by CDCR. DVI administration is meeting CDCR mandates as a reception center. Infrastructure repairs have been limited by state funding priorities. Budget cuts have also eliminated job training programs. The Grand Jury supports the Warden in efforts to develop programs to provide a safe working environment for staff. DVI continues to deal with constraints of custodial regulations despite overcrowding. The DVI Fire Department is first responder for this location. The Fire Chief recently transferred from San Quentin Prison Fire Department. The Fire Chief and two Fire Captains oversee an inmate crew of firefighters. DVI recently acquired two fire engines from the State Office of Emergency Services. DVI instituted a proven program, WorkNet, offering inmates classes in communication skills for job applications and interviews. Classes help inmates prepare for their upcoming release and are conducted by WorkNet volunteers. www.sjcworknet.org. The Warden has regular meetings with an advisory group from the City of Tracy to recruit volunteers for inmate transition and support functions. INVESTIGATION The Grand Jury reviewed the CDCR/DVI response to the 2008/09 Grand Jury Report consisting of five findings and two recommendations, and conducted a follow-up investigation. On November 18, 2009, DVI staff was interviewed. Overcrowding (See Appendix A, F1) The CDCR has contracted for 8000 beds in out-of-state facilities for transferring prisoners that meet specific criteria. Long-term sentenced prisoners must be in good health, cannot be parole violators, nor have pending court proceedings. CDCR is using this method to help alleviate current over crowding conditions. November 2, 2009 CDCR news release: "SACRAMENTO - In its continuing effort to reduce prison overcrowding and increase access to health care and rehabilitation programs, the California Department of Corrections and Rehabilitation (CDCR) announced today that it has amended its agreement with the Corrections Corporation of America (CCA) to temporarily house additional inmates out of state. This addendum will allow an additional 2,336 out-of-state beds to house California offenders, for a total of 10,468 beds . . ." See complete article at: http://www.cdcr.ca.gov/News/2009 Press Releases/Nov 02.html Kitchen (See Appendix A, F2 and R1) An application was submitted to correct the problem and is pending funding. DVI does have capability to declare an emergency in the event of failure or crisis. Situation is being monitored as the application continues through the process. Trust Restitution Accounting Canteen System (TRACS) (See Appendix A, F3) There has been recent implementation of the TRACS. Inmates no longer have to wait for their trust accounts to be transferred after the inmates have been moved from one institution to another. The system is functioning as intended and has greatly expedited the process for both CDCR and inmates. Improper Releases (See Appendix A, F4) Two improper releases of inmates can be traced to the failure of staff and inadequate release procedures. DVI has amended the process and procedures for release, which include a check and balance verification with additional training of staff conforming to CDCR procedures. The Grand Jury was advised that no further problems were noted and the revised procedures are working. Positive Identification (See Appendix A, F5 and R2) There has been no further development or current ability to obtain this fingerprinting capability. CDCR Department of Adult Parole Operations (DAPO) has implemented a statewide "PhotoCapture" system to update inmate photos prior to release.
• OB5
  The Grand Jury met with SO Court Services, Presiding Judge, County Administrator, Facilities Management Director, and the Court's Business Services Manager as well the Assistant District Attorney, a Chief Deputy District Attorney and the Public Defender. The purpose of the investigation arose from issues of previous Grand Juries and Courthouse safety. The Grand Jury toured custody operations and facility layout. Research of this building's intricate multi-functional usage revealed complex ownership between State and County employees. The complex ownership of this building makes defining responsibility difficult. During this investigation the Grand Jury found or revealed one safety issue and one security issue. Prior to the writing of this report both issues were resolved. VIDEO TELECONFERENCING The Grand Jury revisited the implementation of video arraignments. A video teleconferencing system has many benefits that provide improvements in security for staff, visitors and inmates. The video teleconferencing system can be used by family, juvenile and adult courts. The video teleconferencing system also accommodates attorney/inmate conferencing, investigative interviews, arraignments, pleas and motions. With safety as the primary goal of video teleconferencing, the benefits realized through its implementation far outweigh the cost. The video teleconferencing system requires multiple departments to cooperate in its implementation. The 227.8 Committee includes the Superior Court of San Joaquin, SO, District Attorney, Public Defender, County Bar Association, and Legal Referral Services. The 227.8 Committee meets monthly to discuss courthouse issues. A video teleconferencing system expedites communication and improves efficiency. Various California counties have added video teleconferencing to their courtroom proceedings. The challenge to the 227.8 Committee is to resolve fiscal realities and issues relating to public safety. With a new planned courthouse and jail expansion, video teleconferencing equipment and wiring design should be included. Incorporation in the original plans will circumvent the future retrofit of the system and save a great deal of time and money. Another alternative is to build an arraignment facility at the French Camp site adjacent to the jail decreasing inmate's transportation to the courts. With some cases there is a true need for attorney-client communications to be private during an arraignment. Frequently, arraignments are routine when the offense is minor resulting in quick processing and release without transportation. This arraignment facility would also alleviate a great deal of pressure at the courthouse custody holding facility. Transportation is required on a daily basis to the North and South County courts for hearings and arraignments that require mandatory personal appearance. The reduction of inmates transported to and from arraignment court will probably not result in the relief of an entire transport vehicle or personnel needed to perform this duty. SO court service staff indicates that reduced ratio of inmates to officers in the courthouse will result from implementation of teleconferencing. This would increase courthouse safety and security for both inmates and staff, decreasing citizens' exposure to unforeseen incidents.
• OB6
  The Grand Jury met with SPD staff, toured the communications dispatch center and observed the street camera operations and its effectiveness. INVESTIGATION The Grand Jury reviewed the Stockton City Manager's response to the 2008/09 Grand Jury report and chose to conduct a follow-up investigation. On November 18, 2009 the Grand Jury interviewed the new Stockton Police Chief at the SPD facility. The Grand Jury report consisted of no findings and five recommendations. Officer Positions (See Appendix C, R1) SPD's officer allotment is 441. However, due to budget cuts the current staffing of officers is down 73 positions. This places the current police officer force equal to the staffing of 17 years ago. When the mid-year budget is discussed, the Police Chief is hoping for no more cuts. The Chief expected by December 26, 2009, through attrition, early retirement and budget constraints a total of 140 positions left unfilled. Public safety is what the Chief considers his most important job, but has had to curtail various community services. Budget permitting, the Chief would like to re-institute patrols in parks and schools, returning community services and crime prevention. Hire Police Chief (See Appendix C, R2) Stockton's Police Chief promised to maintain his position for at least five years. The Chief's immediate goals are to deal with current staffing crisis and focus on the dispatch center relocation. Relocation of Dispatch (See Appendix C, R3) The dispatch center is now slated for the fourth floor of the Stewart/Eberhardt building. Bonds have been sold and the architects are working on the plans. Construction is to begin in 2010. Dispatch Contingency Plans (See Appendix C, R4) There is a back-up agreement with the SO. The effectiveness of this was illustrated when the SO communication dispatch center system went down due to a mechanical equipment failure. The SO dispatchers came to the SPD dispatch center and effectively maintained communications. Both departments are well served by this arrangement. The procedures were tested and both Departments adapted without loss of emergency services. Street Camera Operations (See Appendix C, R5) The Grand Jury agrees with the explanation of their disagreement. At the present time, the street camera monitoring is operational daily in support of public safety and police functions. This center is staffed by retired police officers at a cost of less than 20% of what it would cost to operate the camera center with active duty officers. With the experience of retired officers, the Chief felt that the community would be better served. Future plans are to increase the surveillance to 24 hours per day.
• OB7
  The Grand Jury had a short meeting with the administration of this facillity. The tour was very impressive. Wards were given the opportunity to demonstrate programs that prepare them for re-entry into society. Staff indicated that these programs are helpful in reducing recidivism. Two of these programs, computer equipment repair and furniture repair have proven very successful.
• OB8
  The Grand Jury met with the administration before and after a tour of the facility. The administration presented an overview of facility operations. Most impressive to the Grand Jury were that all wards were in class at the time of our tour. The Grand Jury was impressed with the cleanliness and maintenance of the facility.

Agency Responses 1

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