Response to Report of the 2011-2012 Grand Jury Report

AB 109, the realignment legislation, allows for the sentencing of non-violent, non- serious, and non-sex offenders to the County Jail.

The District Attorney and Sheriff are Constitutional Officers who possess the inherent authority to manage their office.

Proposition 172 funding is placed in the General Fund rather than in a dedicated fund, unlike the majority of counties.

Fiscal year 2003-2004 was the last year that the Mendocino County Auditor provided the DA and the Sheriff’s office an accounting of the Proposition 172 funds.

Staffing levels for the classification of Deputies and Sergeants in 1985 were 66 and in 2012, they are at 56. The County population increased during that period by approximately twenty thousand.

At the time of the GJ report, the Lieutenant in charge of the Fort Bragg sub-station has retired. Currently one of the two south coast officers provides coverage. 2

Funding for methamphetamine lab cleanup is now the responsibility of the Drug Enforcement Administration.

Full Court Press succeeded in removing 632,000 marijuana plants from the Mendocino National Forest.

Budgetary constraints curtailed patrol operations in all remote areas of the County.

At the time of this report, 23.4% of inmates, booked into the jail, have a history of mental health issues. Psychiatric care for all of the inmates was reduced from 20 hours to 8 hours each week. One point I wish to clarify is that the psychiatric care hours for inmates have fluctuated over the years in our Memorandum of Understanding with Mental Health, varying from 4 hours to 20 hours. Sincerely, THOMAS D. ALLMAN SHERIFF-CORONER By: _______________________________ Captain Tim Pearce Jail Commander cc: Grand Jury County Counsel Chief Executive Office 951 Low Gap Road 707-463-5667 Ukiah, California 95482-3734 Fax 707-463-4689 County of Mendocino Post Office Box 939 Grand Jury Ukiah, CA 95482 www.co.mendocino.ca.us/grandjury [email protected] Captain Tim Pearce, Jail Commander Mendocino County 589 Low Gap Rd. Ukiah, Calif. 95482 Date: May 10, 2012 RE: Report Titled: Providing Effective Law Enforcement in Mendocino County Dated: March 30, 2012 Your response to the attached report by the 2011/2012 Mendocino County Civil Grand Jury is required pursuant to Penal Code §933.05 (enclosed). Penal Code §933.05 also requires that your response to the Findings and Recommendations contained in the report be in writing and be submitted within 60 days for individual responses from elected officials or agency heads or within 90 days for governing bodies (including such entities as school boards, city councils and the Board of Supervisors). Penal Code §933.05(f) specifically prohibits disclosure of the contents of this report by a public agency or its officers or governing body prior to the release to the public. The report will be released to the public and posted on the grand jury website two (2) or more days after the date of this letter. The Penal Code is specific as to the format of responses. Complete and sign the enclosed Response Form and attach any additional comments as required. Should you have any questions after reviewing the enclosures, please contact me at [email protected] or at the address above. Sincerely, Carol Rosenberg 2011/2012 Foreperson Mendocino County Grand Jury SUMMARY OF PENAL CODE 933.05 Penal Code § 933.05 provides for only two (2) acceptable responses with which agencies and/or departments (respondents) may respond with respect to the findings of a Grand Jury report : 1. The respondent agrees with the finding. 2. The respondent disagrees wholly or partially with the findings, in which case the respondent shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. Penal Code § 933.05 provides for only four (4) acceptable responses with which agencies and/or departments (respondents) may respond with in respect to the recommendations of the Grand Jury. 1. The recommendation has been implemented, with a summary regarding the implemented action. 2. The recommendation has not yet been implemented, but will be in the future, with a timeframe for implementation. 3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis, with a timeframe for the matter to be prepared for discussion by the officer or head of the agency/department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six (6) months from the date of publication of the Grand Jury Report. 4. The recommendation will not be implemented because it is not warranted or is not reasonable, with a detailed explanation therefore. However, If a finding and/or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency/department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency/department. Grand Jury Report RESPONSE FORM Grand Jury Report Title : Providing Effective Law Enforcement in Mendocino County Report Dated : March 30, 2012 Response Form Submitted By: Captain Tim Pearce, Jail Commander Mendocino County 589 Low Gap Rd. Ukiah, Calif. 95482 Response MUST be submitted, per Penal Code §933.05, no later than: July 9, 2012 I have reviewed the report and submit my responses to the FINDINGS portion of the report as follows: X I (we) agree with the Findings numbered: 5, 14, 17, 18, 19, 20, 21, 22, 23, 24, and 25  I (we) disagree wholly or partially with the Findings numbered below, and have attached, as required, a statement specifying any portion of the Finding that are disputed with an explanation of the reasons therefore. I have reviewed the report and submit my responses to the RECOMMENDATIONS portion of the report as follows:  The following Recommendation(s) have have been implemented and attached, as required, is a summary describing the implemented actions:  The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: GRAND JURY REPORT RESPONSE FORM PAGE TWO  The following Recommendation(s) require further analysis, and attached as required, is an explanation and the scope and parameters of the planned analysis, and a time frame for the matter to be prepared, discussed and approved by the officer and/or director of the agency or department being investigated or reviewed: (This time frame shall not exceed six (6) months from the date of publication of the Grand Jury Report) __________________________________________________  The following Recommendations will NOT be implemented because they are not warranted and/or are not deemed reasonable, attached, as required is an explanation therefore: I have completed the above responses, and have attached, as required the following number of pages to this response form: Number of Pages attached: ____-1- plus the original report and its two appendices___ I understand that responses to Grand Jury Reports are public records. They will be posted on the Grand Jury website: www.co.mendocino.ca.us/grandjury. The clerk of the responding agency is required to maintain a copy of the response. I understand that I must submit this signed response form and any attachments as follows: First Step: E-mail (word documents or scanned pdf file format) to:  The Grand Jury Foreperson at: [email protected]  The Presiding Judge: [email protected] Second Step: Mail all originals to: Mendocino County Grand Jury P.O. Box 939 Ukiah, CA 95482 Printed Name: Tim Pearce Title: Captain, Jail Commander Signed:_________________________ Date: _________ PROVIDING EFFECTIVE LAW ENFORCEMENT IN MENDOCINO COUNTY March 30, 2012 Summary The Mendocino County Grand Jury (GJ) is responsible for mandated inspections of prisons located within Mendocino County (County). This inspection is pursuant to California Penal Code § 919(b). In the absence of any credible complaints regarding the Mendocino County Sheriff Office (MCSO), the GJ conducted a routine review of law enforcement facilities in the County. Each of the respective Police Departments has experienced budget short falls, but none at the magnitude of the MCSO. Budgets adopted by the Board of Supervisors (BOS) over the last five years, resulted in serious cuts to the MCSO. While the population of Mendocino County has increased, the staffing level for the MCSO has remained at the 1985 level as the MCSO budget continued to decline. Methods Consistent with the statutory mandate, the GJ conducted the following inspections: • The Mendocino County Juvenile Hall • The Fort Bragg Police Department and holding cell • The Willits Police Department and holding cell • The Mendocino County Fort Bragg Sheriff’s Substation • The Mendocino County Jail (Jail) • Chamberlain Creek and Parlin Fork Conservation Camps The following documents were examined: • Corrections Standard Report • Mendocino Major Crimes Task Force (MMCTF) Annual Report • Jail Incident Reports • Public Safety Realignment fact sheet (AB109) • Community Corrections Partnership (the implementation plan) • Mendocino Public Safety Foundation • State Criminal Alien Assistance program (SCAAP) • A postmortem report • Harris Report (Sheriff’s Office Efficiency Report) • Mendocino County Sheriff’s Office Policy and Procedures Manual (Corrections Division) • MCSO Corrections Division Annual Report (Inmate Services) The GJ conducted interviews with law enforcement officials and inmates (male / female) incarcerated in the Jail. In addition, the GJ reviewed incident reports, investigative 1 reports, and other pertinent data. During the course of the review of the Jail, the GJ examined a number of documents regarding an inmate suicide that occurred in an isolation cell. Background The decline in funding for the MCSO resulted in the loss and displacement of a number of sworn officers and staff. The Chief Executive Officer (CEO) and the Board of Supervisors (BOS) continued to reduce the MCSO budget and insist that certain personnel actions occur. In some instances, serious differences existed in how best to achieve the required level of staffing requested by the BOS. The Mendocino County Sheriff maintained, as a Constitutional Officer, it was within his purview and not within BOS authority to determine the staffing of his department. The authority to legislate all budgetary matters rests with the BOS, pursuant to Government Code Section 29088. Despite the operational limitations, imposed upon the Sheriff’s Department, the MCSO continued to provide effective and efficient law enforcement. The MCSO remained committed to fulfilling its statutory role, to assure that public safety was not compromised. Findings 1. The Mendocino Major Crimes Task Force (MMCTF) is a principle enforcement agency for narcotics and major crimes. 2. Between January 2010 and December 2010, the MMCTF seized drugs that have a street value of $160,162,609.00 3. From January 2010 to December 2010, MMCTF seized cash, vehicles, and property with a value of $1,184,718.00 4. State funding for the MMCTF has been eliminated, however the Task Force Executive Board agreed to continue funding for 6 months from asset forfeiture funds. 5. AB 109, the realignment legislation, allows for the sentencing of non-violent, non- serious, and non-sex offenders to the County Jail. 6. The District Attorney and Sheriff are Constitutional Officers who possess the inherent authority to manage their office. 7. Proposition 172 funding is placed in the General Fund rather than in a dedicated fund, unlike the majority of counties. 8. Fiscal year 2003-2004 was the last year that the Mendocino County Auditor provided the DA and the Sheriff’s office an accounting of the Proposition 172 funds. 9. Staffing levels for the classification of Deputies and Sergeants in 1985 were 66 and in 2012, they are at 56. The County population increased during that period by approximately twenty thousand. 10. At the time of the GJ report, the Lieutenant in charge of the Fort Bragg sub-station has retired. Currently one of the two south coast officers provides coverage. 2 11. Funding for methamphetamine lab cleanup is now the responsibility of the Drug Enforcement Administration. 12. Full Court Press succeeded in removing 632,000 marijuana plants from the Mendocino National Forest. 13. Budgetary constraints curtailed patrol operations in all remote areas of the County. 14. At the time of this report, 23.4% of inmates, booked into the jail, have a history of mental health issues. Psychiatric care for all of the inmates was reduced from 20 hours to 8 hours each week. 15. A recent manhunt revealed the benefits of mutual aid by state, county and federal law enforcement agencies including the U.S. Marshalls Service and the Federal Bureau of Investigation. 16. The MCSO is responsible for animal control in the County. 17. The Jail has under contract a registered dietician ensuring each inmate receives a balanced nutritional diet. 18. There are multiple programs available to inmates at the Jail, currently serving 58% of the Jail population. 19. MCSO collaborates with numerous community organizations as Jail program providers. 20. Inmate services provided by the MCSO receive no General Fund money. 21. The Inmate Services Fund pays 100% for program staff salaries. 22. Cameras in certain cells within the county jail are motion detection cameras. 23. Full viewing of certain cells is not available because the cameras lack the capability to pan, zoom or tilt. 24. One Correctional Officer is responsible for monitoring 32 screens in the monitor control room. 25. Poor lighting, in certain cells, makes video viewing difficult and existing cameras are obsolete requiring replacement.

A recent manhunt revealed the benefits of mutual aid by state, county and federal law enforcement agencies including the U.S. Marshalls Service and the Federal Bureau of Investigation.

The MCSO is responsible for animal control in the County.

The Jail has under contract a registered dietician ensuring each inmate receives a balanced nutritional diet.

There are multiple programs available to inmates at the Jail, currently serving 58% of the Jail population.

MCSO collaborates with numerous community organizations as Jail program providers.

Inmate services provided by the MCSO receive no General Fund money.

The Inmate Services Fund pays 100% for program staff salaries.

Cameras in certain cells within the county jail are motion detection cameras.

Full viewing of certain cells is not available because the cameras lack the capability to pan, zoom or tilt.

One Correctional Officer is responsible for monitoring 32 screens in the monitor control room.

Poor lighting, in certain cells, makes video viewing difficult and existing cameras are obsolete requiring replacement.