of Investigation: Calipatria State Prison

Recommendations 5

• R1
  It is recommended that the prison attempts to increase the number of staff that are assigned to track gang members and their activities, and add more staff member to the Investigative Services Unit.
• R2
  It is recommended that video cameras be added to many more areas of the prison for greater security and for better determining those responsible for committing crimes in the prison.
• R3
  It is recommended that CAL continue to expand the useful vocational programs in place and to continue working with agencies such as the Imperial Valley Regional Occupational Program.
• R4
  It is recommended that CAL attempt to increase the number of staff and increase the Plant Operations budget. Response Required: No response is required as Calipatria State Prison is a part of a state agency. 2016-2017 Imperial County Civil Grand Jury Final Report of Findings Subject of Investigation: Centinela State Prison Justification: California State Law mandates that the Civil Grand Jury (CGJ) will inspect all prison and jail facilities on a yearly basis. Background: Centinela State Prison (CEN) is operated by the California Department of Corrections and Rehabilitation. The prison was opened in October 1993, and the prison began receiving inmates immediately thereafter. The prison was originally designed to house 2,208, and has held more than double that amount in previous years, with over 5,100 inmates. Currently there are approximately 3,600 in the inmate population. Overview: A committee of the CGJ inspected the prison using a checklist developed for the prison by the Grand Jury, as well as additional information requested by the committee making the tour. The check list included, but was not limited to the general safety and security of the facility, fire safety, food services, medical services, job training requirements for staff, escape procedures, law library, inmate treatment, investigations, a housing unit, and staff morale. The committee of jurors assigned to this visit toured the major areas of the prison. The tour took place in December 2016. The jury committee was greeted in the administrative building by the Administrative Assistant/Public Information Officer (AA/PIO) lieutenant and the Community Resource Manager (CRM). There was a brief question and answer period conducted by the chief deputy warden who greeted the jury on behalf of the prison and the prison warden. All questions were answered in an open manner. The CGJ committee was encouraged to visit any department or to observe any part of the inspection. The CGJ learned that in since November 2015 the prison has gone from being primarily a Level III prison to one that operates as half Level III and half Level IV because of the state’s need for more space at Level IV in its prisons. Additionally, CEN has a Level III sensitive needs facility, which is for those inmates who are believed to be unable to successfully integrate in the general population facility for a variety of safety and/or security reasons. There is also a much smaller Level I facility. CEN is also designated as a prison for inmates on a federal Immigration Services hold where they are released at the completion of their sentences to the federal government for further processing and possible deportation. CEN has a Level III sensitive needs facility. An inmate with “sensitive needs” is generally one who is believed to not be able to successfully be assigned to a general population facility for a wide variety of safety and/or security reasons. Prison staff advised that CEN has passed the American Correctional Association (ACA) and the Commission On Accreditation For Corrections (COAFC) compliance standard with a 97.4 % rating (non- mandatory areas) and a 100% rating (mandatory areas). This rating period was concluded in 2014, and the prisons are reevaluated approximately every two years. The 2016 report was not published as of the date of the jury visit. CEN provided the following as their mission statement: The mission of Centinela State Prison is to provide long term confinement to men who have been convicted of felonious crimes and remanded to the State of California for incarceration. Inmate productivity and self-improvement are considered integral components to Centinela’s overall objective to reduce recidivism among those inmates incarcerated at our institution. Prison Tour: CGJ committee visited the administration building, the perimeter, the prison Outpatient Housing Unit (health care), a satellite medical unit, an inmate housing facility (also called a yard), a regular inmate housing unit, the Administrative Segregation Unit (ASU), the family visiting unit, and the firehouse.  Administration Building – this building was clean and well kept. It was well painted as well. It contained the offices for the administrative staff, In Service training rooms, a prison snack bar for staff and visitors, prison records department, and their business office.  Prison Perimeter – the perimeter of the main part of the prison is protected by two layers of tall chain linked fencing, topped by concertina wire. Between the layers of fencing is a third fence, the lethal fence, which is electrically charged at all times as a strong deterrent for escape attempts. It should be noted that each inmate facility also has its own tall fencing to keep inmates contained within them. CEN has twelve armed towers on the perimeter, but normally only two are used due to the electrified fence. If the need arises, all towers may be armed.  Outpatient Housing Unit – the health care building, located at the center of the prison, is designed to meet all of the immediate medical needs of inmates. It has short term housing for inmates that need medical attention not available on the facilities. It was noted that this medical unit had been designated as one to provide additional medical care not always found in prisons. While not a full hospital, it has quite a bit of equipment and part of the building has been upgraded in recent years. There is a TeleMed program where inmates can be seen by medical staff outside of the prison electronically. TeleMed reduces transportation costs and provides better security by not needing to transport inmates outside of the institution as often for medical needs. In some situations inmates may still be needed to taken to one of the local hospitals that the state has contracted with for the prison. There is a full pharmacy, an emergency room, and other medical treatments available there. The prison also uses contracted medical care staff to come in as needed.  Satellite Medical Unit –each of the five inmate facilities has its own medical clinic. There medical staff do the more routine things such as dispense medication, administer injections needed by inmates such as those who need diabetic shots daily. Complete medical examinations can be done there for inmates reporting to sick call or those who may have sustained injuries. It was observed that there is a complete dental clinic within the medical clinic. The jury was advised that dentistry in prisons has improved through the years and inmates needing medical care have better options now than in years past.  Inmate Housing Facility – The CGJ elected to visit Facility D. This CGJ had not previously seen a Level III sensitive needs yard which CEN added a couple of years prior to the jury tour. Each full sized facility has the same basic layout, or the mirror image to its adjoining facility. Each building has up to 200 inmates and there are five housing unit on each one. At the time the jury walked in to the facility it was about the time most of the remaining inmates were returning to their housing units. A facility supervisor guided much of this portion of the tour. The jury was able to greet staff members on the facility. Correctional staff on the facilities have equipment to deal with adverse situations including batons and pepper spray. Staff run to audible alarms. There is also an observation officer posted above the inmates that is equipped with other gear including lethal and less lethal weapons. CEN has an added security of having video cameras on the facility yards that monitored from a different location. Each facility also has educational classrooms, a satellite kitchen, and a vocational training area. o It was noted by the jury that some of the paved asphalt surface on the area staff and inmates walk on was badly cracked and in some areas looked to be completely deteriorated. This could be a safety issue. The jury spoke with staff members who acknowledged that this was the same area found to be deficient by the previous grand jury. o The jury spoke with several staff members briefly. No other issues were heard.  Housing Unit –the jury visited one of the housing units on the facility. Each unit is divided into three sections, A, B, and C, with upper and lower tiers. There are up to two inmates per cell, and in some cases inmates are housed without a cellmate in some circumstances. A total of six inmate showers were observed, three per tier. Inmates are given regular showers, with the time per shower being short compared to what people might have at home, but under the conditions of being in a prison seemed to work. Showers are offered to inmates one per third day for each. Working or vocational inmates are given more. The jury observed three correctional officers assigned to the housing unit that was toured. Two were on the floor with the inmates and one is in the control booth that opens and closes doors. All carry equipment to deal with possible emergencies.  Educational Classrooms – on this particular tour the jury did not visit the individual classrooms, but were made aware that due to established regulations, inmates are provided with educational opportunities while in prison. In some cases this includes a basic Graduate Equivalency Diploma (GED). CEN works in cooperation with other local schools and colleges, such as Imperial Valley College (on grounds), plus correspondence courses with Coastline Community College, and Palo Verde Community College. It is very possible for inmates to obtain a college degree while at CEN.  Satellite Kitchen – each kitchen is equipped to provide two hot meals a day, morning and evening, plus a sack lunch, for each inmate on the facility. It takes less than two hours to serve each meal for inmates on the Level III facilities and a little longer on the Level IV facilities due to the need for additional staff and security. Inmates prepare the food services under the direction of a staff cook and a watchful eye of a correctional officer. The food for inmates is prepared in a Central Kitchen, quick chilled, then heated and served three days later at the Satellite Kitchens. The Central Kitchen was not toured during this visit. A state nutritionist/dietician determines what food is to be prepared and served. Varied meals are provided for inmates on medical diets such as those with diabetes, those on religious diets, and vegetarians.  Vocational Training – each facility has a vocational training area. There are seven areas of training. These include welding, auto body and paint, small engine repair, electronics, building maintenance, office service and HVAC (air conditioning).  Firehouse – CEN has a self contained firefighting unit as does most state prisons. This jury toured the onsite firehouse. Inmates are selected from among the lower custody level inmates who wish to participate in the program. They are given practical training in modern firefighting techniques, both the physical and the book work. They must pass tests that are the same as any firefighter. These inmates, along with fire staff, will respond to any fires on grounds as well as sometimes being called out to fight fires alongside of firefighters in the local cities and communities. The jury was advised that they are most welcome when they respond and that the inmates enjoy the work as well. In some cases inmate firefighter have gotten firefighting positions upon their release from prison.  Administrative Segregation Unit – even in prison there is sometimes the need for inmates to be re-housed in an even higher level of security due to crimes committed, because of certain perceived or real fears in the general population, and some inmates are being held in awaiting court trials. These inmates have much tighter control, with restrains being placed on them any time they leave their cell. Despite this, these inmates have the same rights to law library, religious meetings with clergy or with lawyers for legal reasons, a medical clinic in the building, and they have a smaller contained recreational yard that they have regular access to. The jury observed this unit from the inside and found no issues.  Family Visiting Unit – Inmates are permitted overnight visits with their spouses, or other members of their families, provided that they do not have certain convictions on the books such as sex crimes, spousal abuse, or are serving life without parole. There are other restrictions as well. This unit in within the prison and those with them are secured in the units with the inmates for the duration of the visit. This jury visited one of the units and it was described as being similar to a two bedroom cottage. Additional Information: CEN provides numerous programs to assist inmates while incarcerated. Among them are Alcoholics Anonymous / Narcotics Anonymous, programs to assist them with getting away from gangs and criminal life, a military veteran’s program, and numerous religious programs as well. There are about 205 volunteers helping inmates. Conclusion: It was determined by CGJ committee members that CEN is a well-run prison with no major issues discovered. Staff were open and willing to speak on any topic.
• R5
  It is the Grand Jury’s recommendation that more female staff members be hired as needed. Response Required: The Civil Grand Jury requires a written response to this report within sixty (60) days of the official release date. Responses are to be directed to the Civil Grand Jury for the review of the Presiding Judge of the California Superior Court in Imperial County. 2016-2017 Imperial County Civil Grand Jury Final Report of Findings Subject of Investigation: Imperial County District Attorney’s Office Justification: The Imperial County Civil Grand Jury investigates various agencies and special districts on a rotating cycle. The Imperial County District Attorney’s Office is the subject of this review. The Civil Grand Jury selected this agency in part because it has not been viewed by the Grand Jury in several years. Background: The District Attorney’s Office (DA) was established for the distinct purpose of prosecuting in a court of law those persons who are reasonably well believed to be guilty of crimes set forth in the California Penal Code or written into other codes and ordinances. Overview: The Civil Grand Jury as a unit was interested in observing how the DA operates, and what functions they serve in our court system. The Grand Jury saw their online mission statement which reads as follows: Mission The district attorney, as a public prosecutor of both criminal and civil cases, ensures that justice is done and that the rights of all are safeguarded. The district attorney works with every component of the criminal justice system and the entire community, to protect the innocent, to convict and appropriately punish the guilty, and to protect the rights of victims and witnesses. Tour: The Grand Jury committee met with the District Attorney, the Assistant District Attorney, and two of the Deputy District Attorneys. Each were open and willing to answer questions and provide information concerning how the DA operates, including providing information about some of the divisions of their office operation in and out of the court. Some members of the Grand Jury sat in open court several times to observe proceedings. They included a pretrial hearing that was to determine if a defendant would go to a criminal trial and a portion of a criminal trial. Additionally, the jury observed motions concerning how a defendant would be treated in the county jail, another facility, and in the courtroom. In each of those cases the prosecution was handled by Deputy DA’s. District Attorney The county District Attorney elected to have the Assistant District Attorney handle most of the general information concerning the DA. However, in the Grand Jury’s meeting with him he assured the jury members that if there were any questions that needed answering that we were welcome to ask them. He said he fully intended that the public would see that his office was open to examination. He invited the jury to come back if all questions were not answered to our satisfaction. The District Attorney mentioned that he is generally pleased with his staff members and that they do a good job for the county. Assistant District Attorney The Assistant DA advised that they are there to prosecute the guilty and to protect the public in general. They get about 10,000 cases a year. Most of these cases are not prosecuted. Some cases become plea bargain cases where they would agree with defense attorney for a lesser sentence or a lower charge for a guilty plea; some cases are rejected based not enough evidence or a lack of availability of witnesses; and some are not strong enough of a case to show a jury that there is guilt beyond a reasonable doubt. The DA would prefer to not try a case they could not reasonably prove guilt. And in all cases that go to a jury they accept the verdict as their decision. She added that because of the area being in the Imperial Valley and in close proximity to Mexico, most cases involve Spanish speaking people, both among the accused and among the victims. The DA has Spanish speaking staff members. The Assistant DA went over several programs and departments they have at the DA. Some of those included the Victim Witness Assistance Program, Project LEAD (Legal Enrichment and Decision-making), Domestic Violence Program, reporting Elder Abuse, Career Day, Prison Prosecution Unit, and Imperial County Crimes Against Children Task Force (ICCACTF) in association with other agencies. Some of these are broken down as follows. » Victim Witness Assistance Program – under the California Penal Code the DA is authorized to provide trained Victim Advocates who work with victims, witnesses, and in some cases their family members as well. The DA took over this program from another agency in June 2013 and has expanded it quite a bit with funds that were redirected via AB 109. They provide legal writs to keep criminals in the case away from the victims. In some cases there is financial assistance to victims of crimes including victims receiving restitution. Transportation is provided for victims also. There are also grants available for victim funeral services. » Project LEAD – the DA sends staff members to public schools to teach fifth-graders about the legal system and what happens when people go through the law system. It is a 20 week series of classes to help youngsters make better choices. » Domestic Violence Program – this is to help those who may be victims of physical, mental, sex, or financial abuse. » Elder Abuse – a program to report abuse of elders and dependant adults when they may be victims of the same things as covered in Domestic Violence. The DA found it a challenge to get enough qualified investigators and attorneys. They observed that fewer people are going to law school. As a possible remedy, the DA is in support of their staff members that wish to go to law school. They presently have one staff member who is going to or is about to go to a law school in Indio CA. The need for additional staff is in part because the crime rate has gone up and they are needed for the workload. The DA participates in Career Day events to both give students up to high school a better idea on how the legal system works and to encourage them to consider that are a career choice. Prison Prosecution Unit – Deputy DA Jury members spoke with the Deputy DA that handles cases related to the two state prisons in Imperial County, Calipatria and Centinela. There is one prosecutor that handles the prison cases, and there are two investigators, one for each prison. In this county when inmates are charged with a crime by the DA office, it goes before the Criminal Grand Jury. That Grand Jury decides if a case will go forward or not. Also in this county, most of the criminal cases that are brought to the Grand Jury are related to the prisons. The Criminal Grand Jury has been an effective tool to bring cases where a determination is to be made on whether a case should go to trial or not. NOTE: This report is coming via the Civil Grand Jury which is not the same entity as the Criminal Grand Jury, although both are under the authority of the California Superior Court. The Deputy DA said it was important that the petit juries have the final say in these matters. So long as a jury hears a case, they are satisfied that they decided on guilt or not, that it should be up to the people to make the final call on a case. And in all cases, they only want jurors who are impartial. The question came up as to why the DA office would prosecute cases where a prison inmate already had a life sentence. The answer was that in some circumstances the crimes were very serious, such as stabbings with great injury and even the death of another person. There was also the possibility that an inmate with a long term sentence could also have a then present sentence, the one he was incarcerated for, be over turned or reduced. The DA believes it would be injustice if such cases were not prosecuted. As a rule, the jury was advised, the DA only prosecutes felony cases in the prison system. The Prison Unit get about 200 cases each month to review. They do not prosecute all of them. If there are assaults on staff members those are given priorities. The exception to that prosecution tendency would be if a sex crime was involved, even if that crime was a misdemeanor, and that is because of the nature of the offence. The DA has an agreement with the prisons that such cases should be prosecuted if the evidence points to the crime being committed. There are a lot of sex exposure and masturbation cases in the prisons that fall under California Penal Code 314. The DA looks at each case’s circumstances to decide if prosecution would be the best choice or not. The Deputy DA noted that they believe that there are more prison rape cases among inmates than most people think. But because of the prison culture, the victims do not normally tell on their assailants as a rule. So the DA has very few prison rape cases that are prosecuted. The Deputy DA had observed that there are sometimes scheduling problems with cases that have inmates. They come from different prisons and sometimes the same prisons where inmates do not get along as a group or as individuals. He noticed that sometimes they have to shuffle inmates in and out of holding cells or vehicles to make sure they do not clash and cause a large disturbance. Inmates must also be transported back and forth between the prisons and the court buildings. If they had a larger place to hold inmates or there was a different facility to handle prison cases it would be safer for both the inmates and the public at large. This Deputy believed that three staff members are not nearly enough to handle the heavy workload his unit has. Imperial County Crimes Against Children Task Force (ICCACTF) – Deputy DA Jury members spoke with the Deputy DA that handles cases with the ICCACTF locally. The task force is made up of officers, agents, and staff from several law enforcement entities in this county. The deputy’s concern was that there are real children who are real sex victims in these cases. The children in these cases are victimized time and again each time another person views the child porn, be it by pictures or videos. The images that their unit deals with are more than just something created by a computer. There are actual rapes against children which can not ever be tolerated. The ICCACTF unit is careful to screen out accidental images, and want to be very sure that those that are prosecuted knew what they were doing, that they were downloading child porn and/or sharing such pictures and videos with other persons. The local internet unit has dealt with cases that have involved perpetrators and victims locally and in other states. There is cooperation between this talk force and others in different counties and other states. They get or send tips to other units, and can get tips from the National Center for Missing and Exploited Children. http://www.missingkids.com/home The DA prosecutes such crimes as a part of its Special Victims Unit. Staff members, including attorneys and investigators that work in the unit are there on a voluntary basis due to the nature of the crimes against children. Presently, while they work with other agencies in the unit, there are but two that work for the DA. It was the hope of this Deputy DA that they could have more staff working with them in both their own agency and from all law enforcement agencies in the Imperial Valley. He advised that there are grants and some funding available to agencies via Homeland Security. The DA has seen cases where some people involved with such crimes do it by trading pictures and video of child porn; some are travelers that will go to locations where they believe they would have child sex, including to other nations; there are hidden internet web sites and methods that some use to hide their illicit acts. It is believed that such crimes are increasing. The ICCACTF unit does presentations to inform people of the seriousness of the crimes and the harm it does to children, including that children can be groomed via online sites and through internet based video gaming. Court Observations As noted previously, some Grand Jury members observed several open court proceedings. These included a trail where defendant was alleged to have battered and/or robbed another person. The Deputy District Attorney appeared to present an effective case an in objections by the defense team. During a break, Grand Jury members greeted both attorneys, stated that our purpose was simply to observe, and to otherwise have no part or side in this case. The jury also watched a pretrial hearing where a defendant was charged by a police officer with an offence in one of the local cities. This hearing was to determine if there was sufficient evidence to continue to a trial. While both the prosecution and the defense had their own version of what might have taken place, it appeared to the Civil Grand Jury member that the prosecution was effective in this case. NOTE: In none of the above cases did Civil Grand Jury members participate in the legal proceedings, or make any determinations. The purpose was to only observe for this report. Budget The Civil Grand Jury obtained a copy of the DA’s budget and expenditures as of March 10, 2017. They have revenue of over $878 thousand (including reimbursements of $600 thousand state prison expense) and over $5.3 million in expenditures. They are as of the date of the printout at 71% of their allotted budget. Conclusion: The Civil Grand Jury finds that the District Attorney’s Office appears to have done well in attempting to fulfill their mission. It is the observation of Grand Jury members that the DA has attorneys who seem passionate about the work they do.