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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Merced County Grand Jury • 2012-2013

John Latorraca Correctional Center

Published: June 15, 2013 16 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings 15 findings

F1 Page 27

This correctional center was designed and built during the late 1980s as a minimum security prison to house low risk offenders for no more than 365 days. Almost twenty- five years later, the county criminal population has risen dramatically, resulting in overcrowding. The recent passage of AB109 has contributed greatly to the increase of inmates at the correctional center. More importantly, AB109 has caused the retention of medium to high risk inmates at the center, which it is not designed to accommodate.

F2 Page 27

Video conferencing has not been implemented. Visitation is limited to a single sixty minute visitation. The lack of at least two visiting sessions is non-compliant with Title 15 Section 1062 as found in the BSCC report dated October 31, 2012.

The Sheriff stated that limited educational opportunities have been provided by a prison ministry program.

AB109 mandates that non-violent, non-serious, and non-sexual offenders serve their sentences in county jails instead of state prisons.

Statistics on success and completion of programs implemented to facilitate AB109 re- entry programs were not available. The Civil Grand Jury realizes that this program is in its infancy. A statistical analyst was included in the 2012-2013 CCP budget.

The Civil Grand Jury found that Los Banos Probation Department does not have a day reporting facility, drug court, mental health court, BI, or a PACT.

There is limited public transportation from Los Banos to Merced which makes it difficult for clients to attend the programs offered in Merced.

The hospital the Civil Grand Jury observed on March 5, 2013 had an unsatisfactory rating and was last inspected June 13, 2011. As of April 27, 2013 DEH had not re- inspected the facility. 50

The facilities the Civil Grand Jury visited (with the exception of one) had current operating health permits, but the majority didn’t have a current inspection report. Therefore, they are not receiving the services that are tied to the annual permit fee.

F10

Laptops are available to all EHS. Not all inspectors use the assigned laptop to write reports in the field. This results in duplication of work to get it from hand-written form to laptop when they return to the office. Training on the laptop is available online but is not required by the SEHS.

F11

DEH does not use an on-site posted rating system to inform consumers of business inspection status.

F12

The 2010-2011 San Luis Obispo County Civil Grand Jury17 observed three restaurant inspections in their county with no negative impact on the county or the restaurants they observed.

F13

The Envision Connect System by Decade Software Company doesn’t interface well with the County system. The script for the reports used to trigger upload of food inspection report data to the internet is ineffective.

F14

One EHS III spends 50% of the work day addressing computer problems.

F15

If a facility hasn’t been inspected within two years it falls off the website.

Recommendations 12

R1
Page 27

It is recommended by the 2012-2013 Merced County Civil Grand Jury that the County conduct a study to determine the adequacy of the current center. If the current center is determined to be inadequate, the Civil Grand Jury recommends that the County conduct a feasibility study to determine if a new center should be built.
R2
Page 27

It is recommended that the video-visitation system be put in place to comply with the regulatory minimums. COMMENDATION The Sheriff’s Department should be commended for their efforts to enhance and upgrade the booking system for increased efficiency.
R3

The 2012-2013 Merced County Civil Grand Jury recommends that Merced County jurisdictions should increase the number of dispatchers and law enforcement responders as soon as budget allows.
R4

The 2012-2013 Merced County Civil Grand Jury recommends that Merced County ensure that all emergency responder radio “dead zones” are located and the necessary actions are taken to ensure adequate radio signal strength.
R5

The 2012-2013 Merced County Civil Grand Jury recommends that the Probation Department’s AB109 statistical analyst develop a report that includes rates of recidivism, program successes and cost.
R6

and R7. The 2012-2013 Merced County Civil Grand Jury recommends that the Probation Department establish a Probation and Community Team (PACT) in Los 12 Banos with local non-profits. It is further recommended that the Probation Department contract with BI for a Los Banos center. COMMENDATION The 2012-2013 Merced County Civil Grand Jury recognizes that both the drug and mental health courts are positive interventions. Frequent monitoring, multiple agency reports, and acknowledgement of successes should increase a client’s likelihood to transition back into the community. The Civil Grand Jury commends the Supervising Probation Officer of the AB 109 DRC for developing a full calendar coordinating office hours for county departments and community non- profits to meet the needs of the clients. Senior management encourages group effort throughout the department. The Chief holds a monthly meeting with different line level personnel and has an open door policy. Morale appears to be high despite having to do with less. All levels of the Department take great pride in functioning at a high level.
R8

The 2012-2013 Merced County Civil Grand Jury recommends hospitals should be given priority for inspections.
R9

The 2012-2013 Merced County Civil Grand Jury recommends the yearly permit list should be cross-referenced with the inspection database quarterly to determine the most recent date of inspection. Those facilities that have lapsed should take priority. This would act as a check and balance so the facilities would receive yearly inspections and remain on the website.
R10

The 2012-2013 Merced County Civil Grand Jury recommends inspectors be required to complete training and use the laptop for all inspections.
R11

The 2012-2013 Merced County Civil Grand Jury recommends DEH implement an on-site posted placard rating system. The inspector could carry the appropriate rating placard for placement at time of inspection. This would allow the public to have immediate access to the facility’s inspection status and be readily visible. In the future the DEH should look into a Quick Response (QR) code reader to allow consumers the ability to use modern technology to access this information.
R12

The 2012-2013 Merced County Civil Grand Jury recommends the DPH consider a more transparent approach to any future Merced County Civil Grand Jury’s request to observe a food inspector conducting a food facility inspection. 17 2010-2011 San Luis Obispo County Civil Grand Jury Report 51
R15

The 2012-2013 Merced County Civil Grand Jury recommends reprograming the software so reports remain on the website beyond two years. COMMENDATION The Merced County online food inspection reports are more user friendly than five of the surrounding counties that offer online reports. Merced County is the only one that lists a rating program based on points for violations at food facilities.

Commendations 6

CM1

The 2012-2013 Merced County Civil Grand Jury recognizes that both the drug and mental health courts are positive interventions. Frequent monitoring, multiple agency reports, and acknowledgement of successes should increase a client’s likelihood to transition back into the community. The Civil Grand Jury commends the Supervising Probation Officer of the AB 109 DRC for developing a full calendar coordinating office hours for county departments and community non- profits to meet the needs of the clients. Senior management encourages group effort throughout the department. The Chief holds a monthly meeting with different line level personnel and has an open door policy. Morale appears to be high despite having to do with less. All levels of the Department take great pride in functioning at a high level.
CM2

The Sheriff’s Department should be commended for their efforts to enhance and upgrade the booking system for increased efficiency. 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 the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 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 Sections 924.2 and 929). This report was issued by the Grand Jury with the exception of two members who were recused due to a potential conflict of interest. Those jurors were excluded from all parts of the investigation, including deliberations and the making and acceptance of this report. 19 MANDATED ANNUAL INSPECTION IRIS GARRETT JUVENILE CORRECTIONAL COMPLEX SUMMARY Members of the 2012-2013 Merced County Civil Grand Jury toured the Iris Garrett Juvenile Justice Correctional Complex and found it to be clean, well maintained and managed. Minors are well supervised and provided classes to help them complete their high school education. Because the juvenile court is located on the premises, cases proceeding through the system can be handled efficiently and most are completed within a month. INTRODUCTION/BACKGROUND The 2012-2013 Merced County Civil Grand Jury toured the Iris Garrett Juvenile Justice Correctional Complex as mandated by California Penal Code, Section 919(b).
CM3

The 2012-2013 Merced County Civil Grand Jury found the complex to be very clean, maintained and well managed. 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 the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 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 Sections 924.2 and 929). 21 MANDATED INSPECTION MERCED COUNTY SHERIFF’S DEPARTMENT MAIN JAIL FACILITY SUMMARY The 2012-2013 Merced County Civil Grand Jury found that this facility was clean and well-functioning and the staff conducted operations in a professional and efficient manner. INTRODUCTION/BACKGROUND The 2012-2013 Merced County Civil Grand Jury toured the Sheriff’s Department Main Jail facility located at 700 W. 22nd Street, Merced, CA as mandated by California Penal Code, Section 919(b).
CM4

The 2012-2013 Merced County Civil Grand Jury recognizes the ongoing efforts of this agency to enhance and upgrade systems for increased efficiency. The Sheriff’s Department and the Coroner's Office should be commended for a job well done. 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 the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 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 Sections 924.2 and 929). This report was issued by the Grand Jury with the exception of one member who was recused due to a potential conflict of interest. That juror was excluded from all parts of the investigation, including deliberations and the making and acceptance of this report. 31 MERCED COUNTY 9-1-1 PROGRAM SUMMARY The 2012-2013 Merced County Civil Grand Jury found that the County of Merced spent $351,783 in 2007 on a reverse 9-1-1 system that was never operational. The recently purchased Everbridge Emergency Notification System (ENS) requires individuals to register cell phones. Over a four month time period approximately 1,500 people in Merced County registered. The ENS can be upgraded to implement geographically targeted messaging for approximately $2,000 annually. This would make current campaigns for individual registration unnecessary and obsolete. Responders sometimes find themselves in locations where their radio systems and/or cell phones do not have an adequate signal. Budget cuts have reduced the number of dispatchers and responders while Assembly Bill (AB)109 Public Safety and Realignment Act has increased the number of criminals on the street. The Civil Grand Jury recommends that the County should upgrade the ENS to send messages to residents’ mobile phones within proximity of an emergency event, and ensure that public money is spent on services that serve the needs of the citizens of Merced County. The Civil Grand Jury further recommends addressing issues with inadequate emergency responder radio systems and increasing responder and dispatch staff as budget allows. INTRODUCTION/BACKGROUND The 2012-2013 Merced County Civil Grand Jury decided to investigate and ensure that the 9-1-1 emergency systems and management in Merced County are adequately serving county citizens. The Civil Grand Jury was made aware of an incident where citizens had dialed 9-1-1 only to be transferred back and forth between two separate jurisdictions, neither believing they were the ones responsible to take the phone call. Merced County’s 9-1-1 systems haven’t been fully looked at by the Civil Grand Jury since before 2007. We focused on the following: emergency notification services and first responder radio systems. It was the general consensus of the law enforcement personnel interviewed that AB109 and fewer emergency responders have negatively impacted the crime rate and 9- 1-1 call response time. The Merced County Sheriff’s Department maintains correctional facilities and operates correctional programs, while responding to calls and protecting the residents of Merced County. Other law enforcement jurisdictions that serve solely in Merced County are the police departments of Merced, Atwater, Los Banos, Livingston, Dos Palos, Gustine, and University of California Merced. The Merced County Office of Emergency Services (OES) provides preparedness before, and coordination during, large-scale emergencies and disasters. OES coordinates with partner agencies including the six incorporated cities within the county, special districts, and key private agencies in providing planning, response, recovery and mitigation 32 activities as a result of disaster related incidents. OES is in charge of implementing the ENS.
CM5

The Merced County online food inspection reports are more user friendly than five of the surrounding counties that offer online reports. Merced County is the only one that lists a rating program based on points for violations at food facilities.
CM6

The 2012-2013 Merced County Civil Grand Jury commends the Los Banos Police Department for ensuring the overall operation of the facility is in full compliance with all Federal, State and local mandates. 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 the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 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 Sections 924.2 and 929). 86 DISPOSITON OF COMPLAINTS 87 DISPOSITION OF COMPLAINTS COMPLAINT#12-04-01 MERCED COUNTY SHERIFF’S DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. After initial review and preliminary investigation of the complaint the Grand Jury declined to take further action. COMPLAINT #12-04-02 MERCED COUNTY SHERIFF’S DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. The Grand Jury does not take action on matters pending before the Court. Therefore, no action was taken in this matter. COMPLAINT #12-04-03 CITY OF MERCED POLICE DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the City of Merced Police Department. After an initial review and preliminary investigation the Grand Jury declined to take further action. COMPLAINT #12-04-04 MERCED COUNTY SHERIFF’S DEPARTMENT, CHANNEL 30 NEWS, MERCED SUN STAR The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. The Grand Jury does not take action on matters pending before the Court. The Grand Jury also does not have jurisdiction to investigate Channel 30 News or the Merced Sun Star. Therefore, no action was taken in this matter. 88 COMPLAINT #12-05-05 MERCED COUNTY CHILD WELFARE SERVICES The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Child Welfare Services. The Grand Jury does not take action on matters pending before the courts. Therefore, no action was taken. COMPLAINT #12-05-06 ATWATER ELEMENTARY SCHOOL DISTRICT TRUSTEES The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Atwater Elementary School District Trustees. The issue addressed in the complaint was resolved prior to any investigation by the Grand Jury. Therefore, no further action was taken. COMPLAINT #12-07-07 MERCED COUNTY COMMUNITY COLLEGE The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate Merced County Community College. This was an anonymous complaint and the Grand Jury needed additional information to proceed. Therefore, the complaint was declined. COMPLAINT #12-07-08 MERCED COUNTY SHERIFF’S DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. After initial review, this matter was referred to the District Attorney’s Office. 89 COMPLAINT #12-07-09 BOARD OF DIRECTORS OF LIVINGSTON COMMUNITY HEALTH The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Board of Directors of Livingston Community Health. After an initial review and preliminary investigation the Grand Jury declined to further investigate the complaint. COMPLAINT #12-07-10 MERCED COUNTY SHERIFF’S DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. The Grand Jury does not take action on matters pending before the courts. Therefore, no action was taken in this matter. COMPLAINT #12-07-11 HEALTHY HOUSE The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate Healthy House. After a preliminary investigation the Grand Jury declined to proceed on the complaint. COMPLAINT #12-08-12 CITY OF GUSTINE/GUSTINE POLICE DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the City of Gustine/Gustine Police Department. After preliminary investigation and interview the Grand Jury declined further action on this complaint. 90 COMPLAINT #12-09-13 ATWATER CITY COUNCIL The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Atwater city Council. Request for additional information was requested and not provided by the complainant. Therefore, the Grand Jury declined to take further action. COMPLAINT #12-09-14 DEPARTMENT OF SOCIAL SERVICES, HEALTH AND HUMAN SERVICES, COUNTY OF MERCED The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Department of Social Services, Health and Human Services, County of Merced. The Grand Jury does not take action on matters pending before the courts. There were other remedies available to the complainant such as appeal and hearing with administrative law judge. Therefore, no action was taken in this matter. COMPLAINT #12-09-15 MERCED CITY SCHOOLS The 2012-2013 Merced County Civil Grand Jury received a letter requesting a face to face meeting to discuss an investigation of Merced City Schools. The Grand Jury process requires that an complaint be filed to proceed. The Grand Jury declined to set up the face to face meeting and sent the complainant a complaint form to fill out and file. COMPLAINT #12-09-16 MERCED COUNTY SHERIFF’S DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. The Grand Jury does not take action on matters pending before the courts. Therefore, no action was taken in this matter. 91 COMPLAINT #13-01-17 MERCED COUNTY SHERIFF’S DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. After a preliminary investigation and interview, the Grand Jury declined to take further action. COMPLAINT #13-03-18 MERCED POLICE K-9 UNIT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced Police K-9 Unit. The complaint was anonymous and not clear as to what the complainant wanted the Grand Jury to investigate. Unable to obtain further information, the complaint was declined. COMPLAINT #13-03-19 LOS BANOS UNIFIED SCHOOL DISTRICT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Los Banos Unified School District. Due to limitations on time the grand Jury referred this matter to the 2013-2014 Merced County Civil Grand Jury COMPLAINT #13-03-20 MERCED CITY SCHOOL BOARD The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced City School Board. Due to limitations on time the Grand Jury referred this matter to the 2013-2014 Merced County Civil Grand Jury. 92 COMPLAINT #13-03-21 MERCED SCHOOL DISTRICT OFFICE ADMINISTRATORS The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced School District Office Administrators. The Grand Jury declined to take action on the above complaint. COMPLAINT #13-04-22 GUSTINE SCHOOL DISTRICT BOARD MEMBERS The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Gustine School District Board Members. Due to limitations on time the Grand Jury referred this matter to the 2013-2014 Merced County Civil Grand Jury. COMPLAINT #13-05-23 MERCED COUNTY SHERIFF’S DEPARTMENT The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Merced County Sheriff’s Department. After review of the complaint the Grand Jury declined to proceed. COMPLAINT #13-05-24 ATWATER CITY COUNCIL MEMBERS The 2012-2013 Merced County Civil Grand Jury received a complaint to investigate the Atwater City Council Members. After review of the complaint the Grand Jury declined to proceed. 93 RESPONSES TO THE 2011-2012 FINAL GRAND JURY REPORT 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121

Observations 2

OB1

During this investigation, the Civil Grand Jury inspected and observed 9-1-1 responders and dispatch locations in various Merced County jurisdictions. INTERVIEWS The Civil Grand Jury interviewed numerous individuals, including a police chief, a fire battalion chief, an OES Director of Administration, a previous Merced County dispatch supervisor, and current County dispatch supervisor. The Civil Grand Jury asked questions of various 9-1-1 responders and ranking staff on our observation tours. In addition, the Civil Grand Jury received information from County contacts for the Everbridge system, along with information from the Auditor’s Office.
OB2

During the investigation, the Civil Grand Jury reviewed nine months of approved and denied CCW applications at the Sheriff’s office. There were eighty-one applications from July 16, 2012 to April 16, 2013. INTERVIEWS The Civil Grand Jury interviewed the Merced County Sheriff, asked CCW application process questions to Sheriff personnel and interviewed an applicant who was denied a CCW permit.

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

County of Merced Agency