1 Table of Contents 3 Letter from the Judges 5 Letter from the Foreman Grand Jury Response Report

Conclusions 60

• CL1 Page 18
  All reported cases of elder abuse are treated with strict confidentiality.
• CL2 Page 22
  The TCSO annual recidivism rate data for specific inmate educational programs include:
• CL3 Page 22
  Due to the recent implementation of AB 1008, the TCSO has not yet conducted a study to determine its
• CL4 Page 15
  Tulare County Registrar of Voters. Findings F2 and F3, Recommendation R1 Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Section 924.2 and 929). 14 BACKGROUND: Elder abuse is defined as an action by a person in a position of trust which causes harm to an elder. Harmful actions by strangers are not considered elder abuse, but are considered crimes. Elder abuse includes physical, emotional, sexual, and financial exploitation. Neglect, self-neglect, and isolation are also common forms of abuse. Abuse and neglect of elderly adults is recognized as a social problem. One in ten adults over 65 years of age has suffered some form of abuse. According to US Census Bureau figures, the 65+ population rises from 40 million today, to over 70 million by 2030. It is estimated that there are at least 18,150 people over 65 residing in Tulare County. In 2016, there were 2,700 reports of elder abuse in Tulare County. From 2016 to 2018, the number of criminal investigative cases involving elder abuse in Tulare County increased 14.3 percent and is projected to continue to increase. It is estimated that only one in 14 cases of elder abuse is reported in Tulare County. The short and long term effects of financial abuse include decline in health leading to early death; dependence on social service agencies; inability to afford medications; and, increased risk of hospitalization or long term care. Laws pertaining to elder abuse include but are not limited to the following:
• CL5 Page 16
  California Welfare and Institutional Code sec. 15630, “Mandated reporters that fail to report may be guilty of a crime.”
• CL6 Page 16
  California Penal Code § 368 governs crimes against elder or dependent adults. Several agencies exist- wholly or in part- for the protection of the elderly in Tulare County. These include:
• CL7 Page 17
  Kings Tulare Area Agency on Aging (KTAAA)
• CL8 Page 17
  Tulare County Department of Health and Human Services a. Adult Protective Services b. Public Guardian
• CL9 Page 17
  Kings-Tulare Ombudsman Program REASON FOR INVESTIGATION: The reasons for this investigation were to review and raise awareness of current programs in Tulare County, designed to identify and prevent elder abuse. These programs are designed to protect independent adults, those needing financial guidance, and those in care facilities. The Tulare County Civil Grand Jury (TCCGJ) endeavored to determine what resources are available to protect the elderly. METHOD OF INVESTIGATION:
• CL10 Page 18
  Common characteristics of the abused: a. Over 75 years of age b. Socially isolated c. Loyal defenders of the abuser d. Dependent on their abuser
• CL11 Page 18
  Common characteristics of abusers: a. Most often a relative of the abused b. Most often live with the abused c. May be abusing drugs and/or alcohol d. Externalize blame on others e. Expect the elderly care recipient to meet a wide range of their needs f. Often shift anger meant for an authority figure to the abused FINDINGS: F1. Despite multiple agencies in Tulare County dealing with the issues surrounding elder abuse, the number of unreported cases remains high. F2. Elder abuse is not confined to any one socio-economic stratum. F3. Increased demand for social services and long-term care - as a result of financial abuse - will have a direct negative impact and place a financial burden on all agencies serving Tulare County’s elders. F4. All reported cases of elder abuse are treated with strict confidentiality.
• CL12 Page 25
  Law enforcement officials have found that in places where recreational marijuana has been decriminalized, some individuals use state marijuana laws as a cover for illicit grow operations. The District Attorney has the discretion to prosecute marijuana violations.
• CL13 Page 25
  RMA code enforcement, upon verification of an illegal grove, issues a 10 day notice to eradicate the plants. If the plants are not abated, they will be re-inspected and a search warrant may be issued. If there is still no owner response, they will issue a 30 day notice to eradicate. In 2005, 46 illegal marijuana groves were known to exist by TCSO. By 2015, this number has increased to over 1000 groves.
• CL14 Page 25
  RMA reported there are not enough certified inspectors to perform code enforcement duties. FINDINGS: F1. RMA assesses fees and/or fines with the focus to abate illegal marijuana. A property lien may be placed to recover the costs of investigation, eradication, and search warrants. Tulare County cannot collect on a tax lien until the property is sold, transferred, or refinanced. F2. Despite being illegal, some code violators have been known to pay fines assessed, then turn around and harvest the crop at considerable profit. 24 F3. With 296 marijuana complaints and more than 1000 illegal groves, there has been an increase in the workload for RMA staff. CONCLUSION: Decriminalization of recreational marijuana in portions of Tulare County has not necessarily resulted in a reduction in the number of plants eradicated.
• CL15 Page 34
  The long term goal of Yettem, Seville, Cutler, Orosi, East Orosi, Munson, and Sultana, communities is to create a regional water system.
• CL16 Page 34
  The total cost to Tulare County to manage the process over the ten year period was approximately $270,000.
• CL17 Page 34
  The total cost for the system, which includes phase one and two, will be in excess of $8,000,000, funded by grants from the State. FINDINGS: F1. It has been at least 10 years without a potable water system for both committees. F2. The County had to coordinate with various state agencies to begin, causing delays in the project. F3. The North Tulare County Water Alliance has been formed to develop a long term solution to address the drinking water and water supply needs of the communities of Yettem, Seville, Cutler, Orosi, East Orosi, Munson, and Sultana. CONCLUSION: The Yettem-Seville project will create the following benefits:
• CL18 Page 49
  Please tell us why you are interested in serving on the Tulare County Civil Grand Jury. (Please attach additional pages as needed)
• CL19 Page 49
  Describe any background experience or skills you have which would be helpful to grand jury service (i.e., computer skills, leadership skills, or experience writing/editing reports, working in groups, or conducting investigations or interviews.) Mail in the envelope provided or deliver to: Attention: Civil Grand Jury Tulare County Superior Court 221 S. Mooney Blvd., Room 303 Visalia, CA 93291 Or Fax to: (559) 737-4290 NOTE: Applicants for nomination as a member of the Tulare County Civil Grand Jury are subject to investigation by an appropriate law enforcement agency as to the statutory qualifications for service and the applicant’s ability and suitability for service. In support of my application for selection as a member of the Tulare County Civil Grand Jury, I declare under penalty of perjury that the foregoing information is true and correct. Signed: Date: PLEASE RETURN THIS QUESTIONNAIRE NO LATER THAN: April 17, 2020. 48 TULARE COUNTY CIVIL GRAND JURY Government Plaza 5963 S. Mooney, Visalia, CA 93277 Phone: (559) 624-7295. Fax (559) 733-6078 E-mail: Grnd_jury@co.tulare.ca.us Website: www.co.tulare.ca.us
• CL20 Page 24
  Interviewed agency personnel
• CL21 Page 14
  Reviewed relevant documents and data FACTS:
• CL22 Page 25
  In 2018, Tulare County Sheriff’s Office (TCSO) served 100 search warrants for RMA to abate the growth of illegal marijuana groves.
• CL23 Page 25
  In 2015, TCSO received 350 citizens’ complaints regarding marijuana cultivation. If there are 100 or more plants, TCSO investigates and works with the District Attorney to decide if criminal charges may be filed. Smaller groves and non-criminal violations are referred to RMA.
• CL24 Page 25
  Under the Medical Marijuana Regulation and Safety Act, there are 17 different types of State licenses that govern all manner of marijuana production and sales.
• CL25 Page 25
  There are four focuses of marijuana licensing in the State of California. a. Growing and cultivation b. Delivery c. Transportation d. Laboratory testing
• CL26 Page 25
  In the event of noncompliance, RMA assesses fines and fees.
• CL27 Page 25
  Under Tulare County Ordinance §3502, there are six plants per private residence allowed indoors for personal use, and 12 plants allowed for a licensed co-op. The cultivation of cannabis outdoors is prohibited.
• CL28 Page 26
  Tulare County Board of Supervisors Finding F1 Recommendation R1 INVITED RESPONSE:
• CL29 Page 28
  Reviewed pertinent documents. FACTS:
• CL30 Page 28
  Prior to the 2016 restructure, average response time was 14-15 minutes. After restructuring, average response time was reduced to 6.7 minutes.
• CL31 Page 28
  In 2018, TCSO Dispatch Center responded to more than 100,000 calls for assistance.
• CL32 Page 28
  In 2018, average response time to “high priority” calls for assistance was approximately ten minutes. 27
• CL33 Page 29
  Prior to 2014, the TCSO Patrol Division operated with four substations and calls for emergency assistance were assigned to deputies responsible for patrolling specific areas/territories.
• CL34 Page 29
  Prior to restructuring, a total of 20 patrol cars were in use at the four substations in Tulare County. Subsequent to restructuring when the boundaries were redrawn, the same 20 patrol cars were in use at the five substations. FINDINGS: F1. Subsequent to the 2016 restructure, five substations were in use, and patrol car assignments were done on a “closest unit” basis rather than by an assigned area/territory, thus improving response times.
• CL35 Page 31
  RMA is proposing a change to the collection process whereby fines would be added to the tax rolls. A fee study is in progress regarding the addition of fines to the tax rolls. RMA proposes to establish an enterprise fund, so the funds would be designated for RMA. FINDINGS: F1. There are not enough certified code inspectors to perform code enforcement duties. F2. RMA is actively and effectively studying ways in which to improve its collection process and maximize collection rates. 30
• CL36 Page 34
  Households in the communities receive bottled water deliveries which are expected to continue until June of 2020.
• CL37 Page 34
  Yettem and Seville will receive new fire hydrants.
• CL38 Page 34
  Even though the residents established a CSD, the County will be responsible to complete the water project before turning the system over to the CSD.
• CL39 Page 37
  How widespread is the use?
• CL40 Page 34
  Consistent water supply 33
• CL41 Page 37
  Are there financial benefits to Tulare County tax payers? REASON FOR INVESTIGATION: Given that the judicious use of the electronic monitoring program will continue for the foreseeable future, the TCCGJ thought it prudent to analyze its use and effectiveness. METHOD OF INVESTIGATION:
• CL42 Page 35
  Water quality (reduction of nitrates below the maximum contaminate level)
• CL43 Page 35
  Fire protection (new fire hydrants and higher flow capacity)
• CL44 Page 35
  New water meters (smart water meters which can reduce water usage by nine percent)
• CL45 Page 35
  Redundant water supply
• CL46 Page 35
  Local control of the system
• CL47 Page 48
  Are you or any immediate family member an appointed or elected public officer of any public agency? If yes, explain:
• CL48 Page 48
  Are you currently involved in any litigation (law suits) in this county?
• CL49 Page 48
  Are you or any of your immediate family members employed by the County of Tulare or any school district within the county? If yes, where? 47
• CL50 Page 49
  Do you have any significant problems reading or understanding the English Language?
• CL51 Page 49
  Do you have any suggestions, comments or other matters you would like to bring to the judges attention in connection with your application?
• CL52 Page 49
  Please tell us about any special skills or abilities that you have which the judges should know about in considering your application?
• CL53 Page 39
  Board of Supervisors Recommendation R1 INVITED RESPONSE:
• CL54 Page 41
  Five in which the Grand Jury did not have jurisdiction over matters which may be pending in court.
• CL55 Page 41
  Two were determined that there are allegations of criminal conduct and referred to the DA’s office. Seven were anonymous complaints. Generally, anonymous complaints are not acted upon because there is no one to ask for additional information needed to proceed with an investigation. 40 The Grand Jury receives complaints from Tulare County citizens concerning a variety of grievances. These complaints are assigned to one of the standing committees for action. The Grand Jury may refuse to act on a complaint, particularly if the matter is under judicial review, appears to be more appropriate for action by another agency, or it is out of the Jury’s purview. Grand Jury investigation reports (regarding complaints) are submitted to the entire jury with recommendation for action. A quorum of 12 jury members must approve the report. Some complaints may remain open for action by the following Grand Jury as deemed appropriate. Submission of Complaint Complaints should be in writing and legible. All normal attempts to resolve the problem should have been taken prior to the submission of the complaint. When these efforts have been proven unsuccessful, a complaint form should be prepared and submitted. These complaint forms may be requested and obtained from the Grand Jury office and this Web Site. Content of Complaint The complaint form available from the Grand Jury is designed to help an individual supply pertinent data regarding the reason for the complaint. It is easy to fill out and asks for information that is vital in helping the Grand Jury resolve the problem.
• CL56 Page 42
  If needed, the location of the occurrence that precipitated your complaint.
• CL57 Page 42
  Furnish originals or copies of documents and / or recordings that may support your allegation. (according to Ca. Evidence Code 140 all submitted documents & recordings are evidence and will not be returned)
• CL58 Page 42
  Be specific in reporting the reasons for you claim. Avoid making broad statements. Confidentiality The complainant’s identity is rigorously guarded and the Grand Jury is forbidden, by law, to release any information about investigations. You will receive written acknowledgment of this complaint after it is received and reviewed by the Grand Jury. This acknowledgment will be mailed to the address on the form. 41 Citizen Complaint Form Tulare County Grand Jury All complaints submitted to the Grand 5963 So. Mooney Blvd. Jury are held in the strictest confidence Visalia, CA 93277 Phone: (559) 624-7295 Fax: (559) 733-6078 Date:
• CL59 Page 44
  ACTION WHICH YOU BELIEVE WE SHOULD TAKE: Excerpt from the Grand Juror’s Oath:”…I will keep my counsel, and that of my fellow Grand Jurors and of the government, and will not, except when required in the due course of judicial proceedings or authorized by statute, disclose the testimony of any witness Grand Jurors and of the government, and will not, except when required in the due course examined before the Grand Jury, nor anything which I or any other Grand Juror my have said, nor the manner in which I or any other Grand Juror may have voted on any matter examined before the Grand Jury, nor anything before the Grand Jury…” 43 2020-2021 CIVIL GRAND JURY PLEASE RETURN TO ROOM 303 VISALIA COURTHOUSE This jury service differs from jury duty as a trial juror. Your participation is voluntary and it is considered to be a privilege to be chosen to serve on the Civil Grand Jury. The Civil Grand Jury is composed of 19 active panel members who meet, form committees, investigate and report on the operations, accounts and records of the officers, departments and functions of the county. Service on the panel is from July 1 through June 30 and requires approximately 20 hours per week during the fiscal year. Please complete the questionnaire and return it to Room 303, Visalia Courthouse. This questionnaire will assist the Judges of the Superior Court in compiling a list of nominees, which fairly represents a cross-section of our community. Your personal information is confidential and will only be used by the Judges of the Superior Court to assure that the group nominated represents various age groups, economic and social backgrounds. Your application will still be considered even though you may leave some of the questions unanswered. If there is anything you would like us to know feel free to attach additional information, if necessary. Your prompt attention to the completion and return of the questionnaire will be greatly appreciated. Any questions, please call: (559) 730-5000, ext. 1359 Fax (559) 737-4290 www.tularesuperiorcourt.ca.gov 44 Civil Grand Jurors serve a one (1) year term from July 1st through June 30th. The jury panel consists of nineteen (19) persons who are assigned to various committees plus three (3) alternates. It is understood that Civil Grand Jurors may be absent for reasonable periods for vacations. During your term as a Civil Grand Juror you would be excused from trial jury service in the State Courts. The Civil Grand Jury is a time-honored component of our Anglo-American legal system. Civil Grand Jurors are selected citizens of the county who are expected to exercise sound judgment in reviewing and commenting upon the actions of governmental agencies. Essentially, the Civil Grand Jury operates as an investigative agency performing a two-fold function. First, the Civil Grand Jury has powers and duties with respect to the oversight of public offices, officers, and transactions. Designated State and all County and special District agencies that serve Tulare County are routinely reviewed and critiqued by the Civil Grand Jury in its annual and interim reports. Secondly, the Civil Grand Jury has powers and duties with respect to inquiry into possible public offenses, misconduct in office by public officers and determining whether to return indictments charging the commission of felonies. The Tulare County Civil Grand Jury selection process will be conducted May - June annually. The process involves completing this questionnaire and being interviewed by the designee of the Presiding Judge of the Tulare County Superior Courts. After selection, the designee of the Presiding Judge will further instruct jurors of their duties. Throughout its term, the Civil Grand Jury may request advice on legal matters from the District Attorney and County Counsel. 45 2020-2021 TULARE COUNTY CIVIL GRAND JURY QUESTIONNAIRE Pursuant to California Penal Code section 893, the following questions must be answered: STATUTORY QUALIFICATIONS: (Place a check in the appropriate box) No Yes Are you a citizen of the United States? No Yes Are you eighteen years of age or older? No Yes Have been a resident of Tulare County for at least one year prior to the date of this application? No Yes Are you in possession of your natural faculties? Are you of ordinary intelligence and of sound judgment and fair character? No Yes Do you possess a sufficient knowledge of the English language? STATUTORY DISQUALIFICATIONS: (Place a check in the appropriate box): No Yes Are you serving as a trial juror in any court of this State? If Yes, County No Yes Have you been discharged as a grand juror in any court of this State within one year prior to the date of this application? If Yes, County No Yes Have you ever been convicted of malfeasance in office or any felony or other high crime? No Yes Are you currently serving as an elected public official? ________ (initial here) I am interested in serving on the Tulare County Civil Grand Jury for the fiscal year 2020-2021 and I understand the time commitment required If you answered NO to any STATUTORY QUALIFICATIONS or you answered YES to any STATUTORY DISQUALIFICATIONS, you do not qualify. There is no need to continue or to return the questionnaire. IF QUALIFIED, please continue and complete the questionnaire, returning it to Court Administration – Rm 303 CALIFORNIA RULES OF COURT, Rule 10.625, regarding certain demographic data relating to regular grand jurors. {Please check the appropriate box to the following} (A) Age range, please check the appropriate box: □ 18-25 □ 26-34 □ 35-44 □ 45-54 □ 55-64 □ 65-74 □ 75 and over (B) Gender: □ Male □ Female (C) Please indicate your ethnic origin by circling one of the following (may select more than one): American Indian or Alaska Native Asian Black or African American Hispanic/Latino Native Hawaiian or other Pacific Islander White Other (please specify) Decline to Answer Place of Residence by Supervisorial District: □ District 1 □ District 2 □ District 3 □ District 4 □ District 5 46 THIS QUESTIONNAIRE IS TO ASSIST THE JUDGES OF THE SUPERIOR COURT IN COMPLETING A LIST OF NOMINEES WHICH FAIRLY REPRESENTS A CROSS-SECTION OF OUR COMMUNITY. SOME OF THE QUESTIONS THAT MAY SEEM PERSONAL ARE NECESSARY IN ORDER TO ASSURE THE JUDGES THAT THE GROUP THEY NOMINATE, FROM WHICH THE FINAL NAMES WILL BE DRAWN, REPRESENTS VARIOUS AGE GROUPS, ECONOMIC, SOCIAL AND ETHNIC BACKGOUNDS. PLEASE PRINT LEGIBLY
• CL60 Page 48
  Spouse / Domestic Partner Name: Occupation: If retired, list previous occupation you retired from Employer: