Law and Justice Committee Victor G. Edinburgh, Chair

Recommendations 6

• R02-94
  MAKE THE BOARD OF SUPERVISORS AWARE THAT THE DATA/STATISTICS SHOW AN INCREASE OF HATE CRIMES IN SAN BERNARDINO COUNTY.
• R02-95
  DEVELOP A PUBLIC AWARENESS PROGRAM TO EDUCATE THE PUBLIC.
• R02-96
  BUDGET THE HATE CRIMES UNIT OF THE DISTRICT ATTORNEY’S OFFICE THROUGH THE GENERAL FUND.
• R02-97
  DEVELOP SPECIFIC INFORMATION BY THE HATE CRIMES UNIT IN ITS INTERPRETATION OF THE DIFFERENCE BETWEEN HATE INCIDENTS AND HATE CRIMES.
• R02-98
  ENCOURAGE THE STATE AND FEDERAL LEGISLATORS TO WRITE SPECIFIC LAWS TO REDUCE CONFLICTING INTERPRETIVE AREAS OF HATE CRIMES OR HATE INCIDENTS.
• R02-99
  DEVELOP AND IMPLEMENT INNOVATIVE STRATEGIES DESIGNED TO PREVENT AND REDUCE THE SPREAD OF HATE CRIMES AND HATE MOTIVATED INCIDENTS WITHIN THE COMMUNITY. 02-100 DEVELOP A PLAN TO INCORPORATE COMMUNITY LEADERS, NEIGHBORS, SCHOOLS, COLLEGES AND UNIVERSITIES TO BECOME A PART OF THE PREVENTION STRATEGIES WITH THE DISTRICT ATTORNEY’S OFFICE. 02-101 COMPILE STATISTICS RELATED TO ETHNICITY, RELIGION, GENDER, DISABILITY AND ANY OTHER DATA THAT COULD ASSIST IN ANALYZING INCIDENTS CONNECTED TO HATE CRIMES AND HATE INCIDENTS. PROBATION DEPARTMENT CENTRAL JUVENILE HALL BACKGROUND The Probation Department has the responsibility to maintain physical control of youth rendered a judgment by the court system. The following source material contains the controlling document/s for detainee/juvenile care. The Minimum Standards for Juvenile Facilities are located in Articles 1-12, of Division 1, Board of Corrections (BOC) Chapter 1, Subchapter 5, California Code of Regulations (CCR) Title 15 and CCR, Title 24. If a juvenile hall facility cannot meet these standards, the facility will be found unsuitable to house minors. FINDINGS The first buildings constructed for this facility were in the 1950’s, and they are currently used as housing units for the detainees. Overcrowded living conditions have created buildings that are in need of maintenance and upgrading. From 1992 through 1998 the detainee population at Central Juvenile Hall (CJH) has grown nine percent (9%) each year. In 1999 through 2000, the population increased by 32 percent. The overall increase from 1992 to 2000 was 145 percent. The Tent Housing Annex is one element of the department’s overall Emergency Suitability Plan. It was conceived in response to concerns by the State Board of Corrections. Central Juvenile Hall has a rated capacity of 281 detainees. An overcrowded condition reached a peak in October 2000, with 605 detainees. The BOC approved the Emergency Suitability Plan for the Tent Housing Annex on January 18, 2001. The term “Tent Housing Annex” was adopted by the Probation Department to describe the construction of six wood-framed buildings that are intended to house juvenile detainees in a non-permanent building complex. An agreement was reached with the developer to have construction completed by September 2001. The building construction was not completed in the agreed upon time period. When construction was completed, the County was required to expend an additional $60,000 for retrofitting of the heating and air conditioning system. The County Architecture and Engineering Department was unable to foresee all the ramifications/answers to the County’s first venture into the contracted building and supervision of a tent structure. This annex facility is the first project of its kind for juveniles in the nation. Each tent structure measures 18 x 72 feet. The structures have wooden floors. The sides are ten feet high. Five feet of the wall is wood, with the remaining five feet made of canvas. The ceilings are not solid but made of wire mesh. The Suitability Plan called for ten bunk beds, three picnic tables, one storage cabinet, one desk and one chair for staff. Each tent has two doors, (which remain unlocked), and eight windows (four on each side), with roll up and tie coverings. There are 120 detainees assigned in the tent structures. The structures will remain in existence until adequate housing has been constructed, not later than March 31, 2003. The staff-to-detainee ratio is currently 1:8 during day hours and 1:12 during night hours. The staffing levels of the Probation Department are above the standards established by the BOC of 1:10 day hours and 1:30 during night hours. Camp Heart Bar, located in the San Bernardino Mountains, is another rehabilitation facility occupied by detainees of the Probation Department. There are 22 detainees at this site. The following data displays the number of assaults on Probation Corrections Officers by detainees at CJH covering the time period January 1, 2000 through August 31, 2001. This data is contained in the Crowding Assessment Report of the BOC dated January 8, 2001. The information is required to be submitted by each overcrowded juvenile detention center, under Section 1343, Title 15 (CCR). The report is required to be submitted every 30 days to the BOC whenever overcrowded conditions are evident in a detention facility. ASSAULT ON STAFF MODEL YEAR 2000 No. of Assaults YEAR 2001 No. of Assaults JANUARY 0 JANUARY 1 FEBRUARY 1 FEBRUARY 1 MARCH 0 MARCH 0 APRIL 1 APRIL 2 MAY 2 MAY 2 JUNE 1 JUNE 2 JULY 0 JULY 0 AUGUST 1 AUGUST 1 SEPTEMBER 1 OCTOBER 3 NOVEMBER 0 DECEMBER 1 Total assaults Year One 11 Partial Second Year Tracking 9 The following pattern depicts the CJH facilities reportable incidences of detainee behavior. This data pertains to January through December 2000. Suicides 0 Suicide Attempts 24 Escapes 0 Escape Attempts 3 Use of Restraints 111 Use of Force 151 Self-Inflicted Injuries 52 The process of placement of detainees out of the area is noted. This is in part due to a lack of specific facilities and personnel in the County. Currently the department is in the process of developing facilities to enable displaced detainees to be housed in the County. The CJH kitchen and dining hall are antiquated. The general appearance of the grounds indicates that the CJH grounds are not well maintained. The CJH superintendent indicated these issues need attention due to lack of funds. Yearonetracking Yeartwotracking The issue of funding was addressed, and budget research has indicated that sufficient funds have not been allocated to the Probation Department to keep CJH in proper repair. From 1989 to 2000, the Probation Department budget reports show that the Board of Supervisors (BOS) has not provided adequate funding. According to a budget report from the Probation Department, administrators have received approximately 33 percent of their monies from outside funding sources to run existing programs at CJH. RECOMMENDATIONS 02-102 INSTITUTE A NEW STRUCTURED PLAN COVERING POPULATION PROJECTIONS AND NEEDS ASSESSMENT FOR 10, 15 AND 20-YEAR INTERVALS. 02-103 ENCOURAGE THE BOARD OF SUPERVISORS TO PROVIDE SUFFICIENT FUNDING TO MEET THE HOUSING NEEDS OF THE DETAINEES. 02-104 REMODEL THE DINING FACILITY AT CENTRAL JUVENILE HALL. 02-105 CREATE A PROGRAM FOR THE DETAINEES TO BECOME INVOLVED IN THE UPKEEP OF THE GROUNDS. 02-106 LOCATE DETAINEES HOUSED OUTSIDE THE COUNTY AND STATE TO RETURN TO SAN BERNARDINO COUNTY. 02-107 ESTABLISH A SECTION WITHIN THE PROBATION DEPARTMENT TO SEEK OUT ALL AVAILABLE GRANT MONIES. 02-108 CONSULT THE COUNTY ARCHITECTURE AND ENGINEERING DEPARTMENT REGARDING THE DESIGN OF PROBATION FACILITIES. PUBLIC ADMINISTRATOR/CORONER/ PUBLIC GUARDIAN BACKGROUND San Bernardino County voters elect the Public Administrator/Coroner/Public Guardian, commonly referred to as the “Coroner”. The current Coroner was first elected in 1982 and has been re-elected to four additional terms. The Coroner oversees the Medical Examiners who perform autopsies and determine cause of death. The Coroner investigates the findings to clarify all circumstances surrounding or pertaining to the death. This department also has the duty for identification of the deceased, and to contact the next of kin. The Public Administrator is required by law to take charge of the property of persons who have died when no executor or administrator has been appointed. The Public Administrator manages the estates of the deceased until families assume responsibility. If no family member claims the estate, the property goes to public auction. The Public Guardian, by Court appointment, acts as conservator of any individuals found to be gravely disabled. The Public Guardian arranges for custodial care of the ill and elderly in nursing homes, and administers the estates of the gravely disabled or other incompetent persons. He also coordinates legal or social services on their behalf. The 1995-1996 Grand Jury recommended the appointment of a blue ribbon committee to explore the advisability of consolidating the office of the Public Administrator/Coroner under the Sheriff’s Department. The committee was appointed in January 2001 and consisted of executive staff from both agencies, in addition to representatives from County Human Resources and County Counsel. Major issues explored by the committee included: facilities, vehicle acquisition and maintenance, computers and data automation, communications, staffing levels, employee classifications, use of forensic laboratory and other technical services. The issue of consolidation of the Coroner and Sheriff Departments surfaced in 2000-2001 when the Grand Jury addressed the possibility of any future merging of the Coroner’s office with the Sheriff’s Department. The Coroner informed that Grand Jury that such a merger was not being considered. However, the Sheriff and the Coroner brought a merger proposal to the Board of Supervisors in 2002. The Board did not approve the merger. The possibility of separating the Public Administrator, Public Guardian and/or Conservator functions from the Coroner had been an issue in the past and was considered by staff relative to a merger. All parties seemed to agree that reconsideration of this issue might be appropriate. FINDINGS Several meetings were held with the Public Administrator/Coroner/Public Guardian. A request was made for the mission statement for the three agencies, and was received. Although the three agencies are separate and serve different public needs, all the mission statements were the same. These mission statements were not individualized to reflect the differences of services provided. The main Coroner building is approximately 15 years old. Due to the population growth of the County, the space is no longer adequate to meet the demands of the department. On a tour of the autopsy area, supplies were observed stacked 3-4 boxes high. This area was identified as the microscope room, which doubled as the specimen pick-up room. Staff identified the refrigerated storage unit that houses the deceased as too small. Bodies are kept in the storage unit until the next of kin are found or until all avenues to find them are exhausted. During our visit we were told the cold storage unit was close to capacity. The Coroner has numerous vacant positions. The Coroner assured the Grand Jury that he is attempting to hire staff, and the available jobs were posted on the Internet. A review of the Coroner’s website has shown only an availability for a registered nurse. No other jobs had been posted, to our knowledge, although vacancies still exist. A report indicates the Coroner has 76 authorized positions, with 65 of those positions filled (January 2001). Nine contract positions were authorized, with six filled; 13 Public Service Employee positions, with one filled. Two Extra Help positions were not filled. This totals 100 authorized positions, with only 72 filled. The Public Administrator/Guardian/Coroner has a warehouse where the estates (furnishings, personal belongings) are stored in “Lots”. The 1999-2000 Grand Jury recommended a computer program to link personal property by “Lot” numbers. At that time the department utilized a manual system to account for personal property in the warehouse. The Coroner’s response was that this is a common practice in many Public Administrator and Public Guardian jurisdictions throughout the state. The 1999-2000 Grand Jury also recommended two storekeepers sign Estate Property Inventory sheets. The Coroner agreed and assured the 2001-2002 Grand Jury that both storekeepers sign these forms to verify the recording of inventories received. Two employees were not available at the warehouse. Currently one employee is retired and one employee is off on disability. Although another employee had been hired, the employee was not present during our visit on March 5, 2002. The warehouse storage area is crowded. Estate properties of the deceased are brought to the warehouse and kept until a disposition is decided or the next of kin is found. Individual storage areas are separated by cardboard dividers, which can fall out and do not allow for adequate separation of “Lots”. The estate property stored in this area is of some value. There was no camera in the warehouse to provide for security. This type of storage does not protect the valued interests of the inventoried estates managed by the staff. The Coroner stores hundreds of legal records of deceased persons in the warehouse. When questioned on the disposal of these records, the response was that they are kept indefinitely. No computer database is available to store those records currently stored in boxes in the warehouse. The Coroner identified a need for a bar code system to categorize the deceased and their property. The present system requires the tagging of the deceased, listing of their property by hand in an inventory, and the signature of two employees to verify the accuracy of the inventory. This need has been addressed for several years. The use of a bar code system for the Coroner, similar to one used by the Sheriff was researched. On a visit to the Sheriff’s Forensic Science Lab the Grand Jury was advised the Sheriff’s bar code system was old and barely meeting their needs. A request was made to the warehouse employee for his policy and procedure manual. He indicated there is no policy or procedure manual and there has not been one for as long as he has worked this area. An employee was asked to explain how he keeps the inventory records and what is required. The signatures of two warehouse employees are required. An ink stamp format is used. This inked area is to be dated and signed. Inventories for properties were noted to have no stamp, a stamp with no signature, no date, or a date six months after the property was received. Many inventory sheets had only one signature. The warehouse has a large safe that is used for personal property of value (i.e., handguns and rifles). The warehouse employee holds the combination. In the past this storage safe has been a significant problem. Inventory sheets for firearms were reviewed and many problems were noted. Firearms were recorded with the name of the deceased, serial number, type of firearm, and date received. The disposition column of this firearm record had written “Picked-up”. There was no signature of the person the gun was given to nor was there a signature of the employee that released the property. Several entries had written “taken to Glen Helen for destruction.” Again, no signature, receipt or badge number. The estate property held in the warehouse is kept until all means of identifying next of kin are exhausted. The property is then auctioned. The property auction of the “Lot” is posted on the bulletin board in the warehouse and at the Coroner’s office to alert the public. No notices were posted on the Coroner’s Internet website. There are repeat groups of people who buy this estate property. On some occasions they will give the office a stamped self-addressed envelope and identify items of interest, with a request to be notified. The Coroner recently entered into a contract with Doctor’s Hospital Medical Center of Montclair and Loma Linda University Medical Center to allow first year interns/residents to use the Coroner’s facility for clinical observation, to commence March 1, 2002. RECOMMENDATIONS 02-109 REWRITE MISSION STATEMENTS FOR EACH DEPARTMENT/FUNCTION UNDER THE CORONER’S JURISDICTION, TO REFER SPECIFICALLY TO THAT DEPARTMENT. 02-110 REVIEW AND UPDATE THE POLICY AND PROCEDURES MANUALS FOR THE PUBLIC ADMINISTRATOR/CORONER/PUBLIC GUARDIAN-CONSERVATOR. 02-111 CREATE A POLICIES AND PROCEDURES MANUAL FOR THE WAREHOUSE. 02-112 FILL ALL VACANT POSITIONS. 02-113 HIRE ADDITIONAL WAREHOUSE STAFF TO PROVIDE TWO PERSONS ON SITE. 02-114 ACQUIRE A COMPUTER SYSTEM FOR WAREHOUSE CONTROL RECORDS. 74 02-115 ACQUIRE A BAR CODING SYSTEM FOR ESTATE INVENTORY CONTROL AND A DIGITAL IMAGING SYSTEM FOR CASE FILE STORAGE. 02-116 DEVELOP A PLAN TO EXPAND THE CORONER’S FACILITIES. 02-117 CONSTRUCT A LARGER COLD STORAGE FOR THE DECEASED. 02-118 INCREASE WAREHOUSE STORAGE SPACE FOR ESTATE PROPERTY. 02-119 PROVIDE SECURITY CAMERAS FOR THE WAREHOUSE. 02-120 POST THE AUCTION DATES ON THE CORONER’S INTERNET WEBSITE. 02-121 ESTABLISH A POLICY TO PREVENT PREFERENTIAL TREATMENT TO FREQUENT BUYERS OF ESTATE PROPERTY. PUBLIC DEFENDER BACKGROUND The Public Defender has the responsibility of representing the indigent population of San Bernardino County in court cases. The department has a $16 million annual budget, which is primarily used for personnel. The current Public Defender has held this position for two years. The office of the Public Defender handles 50,000 cases per year and has 13 offices throughout the County. The three main regional offices are Central, Desert and West End Divisions. The 2001-2002 Grand Jury visited four Public Defender’s offices: San Bernardino, Barstow, Rancho Cucamonga and Fontana. FINDINGS During an overview presentation by the Public Defender’s department, it became apparent that it was in need of assistance to more effectively manage the operation and efficiency of this office. The Public Defender handles approximately 75-80 percent of the total criminal cases in the County. For the remainder of tried cases, counsel is either contracted out or appointed (15 percent) or retained (five percent); yet the Public Defender has far fewer staff than the District Attorney. From discussions with the Public Defender, it was learned that national caseload standards dictate that if an attorney is handling only felony cases, the attorney should have no more than 150 cases per year. For misdemeanor cases, the standards call for more than 400 cases per year. Attorneys in the Public Defender’s department are commonly carrying caseloads of more than three times the national standard for felony cases, and double that of the national standard for misdemeanor cases. The new Public Defender requested a management audit, which was completed in March 2002. The Public Defender directly supervises the chief deputies who head the three divisional offices, and the Chief of Administration. All senior management functions, i.e., budgeting, personnel, communications, policy-setting and day-to-day operations are handled by the Public Defender and the Chief of Administration. This leaves the Public Defender in charge of virtually all of the details of management functions. There are no full-time managers whose sole responsibility is to oversee and organize financial, human resources, support staff, and training functions. At the time of our visit there was no written organizational plan that would outline the goals, job descriptions, policies and procedures/protocol for governing the management of this department. Some chief deputies and individual attorneys have been free to define their own job responsibilities and, to an extent, choose their own authority due to an unclear policy and procedures manual. In fact, there have been incidences of new personnel being hired without the knowledge or approval of the Public Defender. The Public Defender and his management staff do not meet on a regularly scheduled basis. Due to lack of storage space, the total spent by all offices of the Public Defender for off-site file storage is $70,000 per year. CENTRAL OFFICE In the Central office there is a shortage of County vehicles. The ratio of cars to investigators is one car for every three investigators. There is no means of communication for investigators out in the field. They have no cell phones or radios. The carpeting in the Central office needs replacement. RANCHO CUCAMONGA OFFICE The rented building currently being used for the Public Defender’s Juvenile Division in Rancho Cucamonga is too small for the department’s needs. Rent on the building is $2,134.00 a month. It is located one block away from the Public Defender’s office. It was learned that there is an opportunity to obtain some much needed office and storage space within the courthouse facility. Office space formerly occupied by the Law Library is currently vacant. Currently, four investigators are doubled-up in two offices. This office spends $477.00 per month for off-site file storage. During the Grand Jury’s visit we observed boxes of files lined up in the hallway, which is a potential safety hazard. A Chief Deputy Public Defender has looked into the issue of how much additional space is needed, the feasibility of utilizing the old Law Library space, and what could be relocated. His written report, dated March 22, 2002, was submitted to the County Administrative Office. As of the date of this report no response had been received. Upon the Grand Jury’s visit to this office it was noted that their photocopy machine was out of order. When questioned about this we were informed that there have been several attempts to repair it, but it is now beyond repair and is non-functional. This office has one full-time Spanish-speaking employee one day a week on staff to assist with Hispanic clients. There are no Asian interpreters. BARSTOW OFFICE Lack of office and storage space was observed. The front receptionist cannot always see the front desk due to the location of the telephone. To use the telephone, her back must face the front reception desk. This is a safety concern as sometimes irate clients enter the office. If the receptionist is on the phone and such a person enters, she may not notice. One attorney at this office is still working out of an old storage closet and there is no door. This means there is no privacy for the client or attorney while conducting consultations and daily business. One investigator works out of a small room that contains the library, employee break room and meeting room. Crowding is an issue here. Old files and documents are removed from the Public Defender’s offices, loaded onto trucks and stored at local rented storage units. FONTANA OFFICE The Fontana office appeared to be well organized. One Chief Deputy Public Defender supervises this office, the Chino office and the Rancho Cucamonga office. It was learned that additional attorneys are needed in this office. The felony caseload is nearly the same as the Rancho Cucamonga office, but Fontana attorneys are handling this caseload with one-third the number of attorneys that Rancho Cucamonga has. TOTAL FELONY CASES October 1, 2001 – March 1, 2002 FONTANA RANCHO CUCAMONGA 910 955 March 1, 2002 – March 21, 2002 FONTANA RANCHO CUCAMONGA 183 192 TOTAL ATTORNEYS FONTANA RANCHO CUCAMONGA 10 15.5 RECOMMENDATIONS 02-122 DEVELOP AND IMPLEMENT A DETAILED POLICIES AND PROCEDURES MANUAL TO INCLUDE JOB DESCRIPTIONS AND DUTIES FOR EVERY POSITION WITHIN THE PUBLIC DEFENDER’S DEPARTMENT. 02-123 HAVE AN ANNUAL REVIEW OF THE POLICY AND PROCEDURES MANUAL. 02-124 CREATE AN ASSISTANT PUBLIC DEFENDER POSITION TO OVERSEE FISCAL MATTERS, HUMAN RESOURCES, TRAINING AND CLERICAL STAFF. 02-125 PROVIDE INVESTIGATORS IN THE CENTRAL OFFICE WITH CAR DISPATCH RADIOS OR CELL PHONES. 02-126 REPLACE THE WORN CARPETING IN THE CENTRAL OFFICE. 02-127 APPROVE AND PROCEED WITH THE ACQUISITION OF THE OLD LAW LIBRARY SPACE AT THE RANCHO CUCAMONGA COURTHOUSE. 02-128 PROVIDE A NEW PHOTOCOPYING MACHINE FOR THE RANCHO CUCAMONGA OFFICE. 79 02-129 PROVIDE FOREIGN LANGUAGE INTERPRETING AT THE RANCHO CUCAMONGA OFFICE. 02-130 EXPAND OFFICE SPACE AT THE BARSTOW PUBLIC DEFENDER’S OFFICE. 02-131 INSTALL A DOOR IN THE STORAGE SPACE THAT IS CURRENTLY BEING USED BY ONE ATTORNEY AS AN OFFICE TO PROVIDE FOR PRIVACY. 02-132 RELOCATE THE TELEPHONE AT THE FRONT RECEPTION AREA IN THE BARSTOW PUBLIC DEFENDER’S OFFICE. 02-133 INCREASE THE NUMBER OF ATTORNEYS WITHIN THE OFFICE OF THE PUBLIC DEFENDER. SHERIFF’S DEPARTMENT COMMUNICATIONS DIVISION VALLEY CONTROL CENTER