Alameda County Grand Jury • 2020-2021 • Agency Response
Response to: Oakland Police Department Juvenile Holding Facility Inspection

Police Administration Building I approve this report. Please contact my office with any questions. September 17, 2021

Published: September 17, 2021
View Original PDF

Note: Missing finding numbers detected: F8, F9, F10, F11, F12, F13, F14, F15, F16, F17, F18, F19, F20

Findings and Recommendations 13 findings

F1
OPD applied for funding. Under the direction of then Deputy Chief Armstrong, Ceasefire Director Reygan Harmon and Molly Giesen-Fields wrote the grant complied with the requirement. proposal, and the U.S. Department of Justice subsequently chose Oakland as one of four demonstration sites for a Collective Healing Initiative Grant (See Attachment G, ). They began working on the proposal in April of 2018.
Related Recommendations (1)
R1
Clergy in accordance with the provisions of Part IV of Departmental General Order B-16, VOLUNTEER POLI ICE CHAPLAINCY PROGRAM. Relative. Close friend. G. Field supervisors shall monitor completed offense reports to ensure compliance with the provisions of Part VI of this order. Has been Victim and Witness Support and Service referral information as well as its policies and Recommendation 21-16: procedures has been added to the main page of the OPD website, so it is easily accessible implemented The Oakland Police Department and viewable. Here is the website: https://www.oaklandca.gov/resources/victim-and- and the City of Oakland, to the witness-assistance extent applicable, must post its policies and procedures on the OPD has placed its Policies and Procedures on its main page and they are searchable within City of Oakland's website in such this page: https://www.oaklandca.gov/departments/police a manner that is globally searchable and user friendly. In terms of being globally searchable, OPD is one of several departments in the City of Oakland. OPD can maintain its own webpage content but City of Oakland controls and dictates structure and required template for each page. This impacts the searchability for the overall City of Oakland website. OPD would have to investigate if City of Oakland is willing to change the global website structure in order to increase global searchability.
F2
OPD conducted an awareness assessment. OPD's training section conducted internal interviews and external listening and feedback sessions. This was done in order to give a voice to individuals and communities most likely to be victims of violent crime or police interaction. OPD collected and analyzed data and gave subsequent recommendations under contractual agreement with The Urban Institute.
No recommendations for this finding
F3
OPD developed and rolled out the Trauma-Informed Policing Plan (TIPP) in phases. The plan addresses five major goals related to collective healing between law enforcement and those in the wake of harm. The plan's focus is staff training, 1 Ceasefire is a data-driven violence-reduction strategy coordinating law enforcement, social services, and the community. The major goal is to reduce gang/group-related homicides and shootings. Ceasefire seeks to combine the best of community energies, social services, and strategic law enforcement to reduce gun violence associated with gangs/groups far more effectively than these entities operating alone. For more information, see https://www.oaklandca.gov/topics/oaklands-ceasefire-strategy. victim's services and support, community police centered collaboration and training, professional development and wellness, and review and revision of policy and procedures.
No recommendations for this finding
F4
The 2019 Victim's Assistance and Support proposal (Attachment A) addresses one goal of the Plan and lists, as the first benefit, meeting the state requirement for a VLO.
No recommendations for this finding
F5
OPD applied to the Office for Victims of Crime (OVC) FY 2020 Law Enforcement- Based Victim Specialist Program for funding for a VLO. The deadline for the grant application was April 20, 2020. The grant application and process may be found online at https://ovc.ojp.gov/sites/g/files/xyckuh226/files/media/document/OVC- 2020-17556.pdf
No recommendations for this finding
F6
OPD received notification of the award on October 8, 2020. The award package was in the amount of $450,000 payable over a three-year period (10/1/2020 through 9/30/2023). Most of the funding goes toward the VLO's salary and benefits. City Council had to approve a resolution authorizing the city administrator or designee to accept and appropriate the funding to OPD for the full-time VLO. Council approved the resolution by unanimous vote in December 2020.
No recommendations for this finding
F7
OPD posted the VLO position and there was a hiring process to find the most qualified person for the VLO position. The process for hiring the VLO was arduous for several reasons. First, there were COVID protocols in place in terms of hiring within OPD. This position was one of many considered and OPD was only allowed to choose five positions for posting. Four of the positions were already earmarked for posting so the VLO position was the last one considered for the hiring process. OPD must adhere to a strict bureaucratic hiring process which includes posting the position according to City of Oakland guidelines. Moreover, OPD is required to conduct an extensive background check which normally takes months. This background check was especially stringent given the sensitive nature of the VLO position. Normally it takes over a year to post positions, complete interviews, do background checks, and complete the hiring process. OPD expedited this process in order to hire a VLO as soon as possible. The position was filled in April 2021. Although OPD had not hired a dedicated VLO, training for victims' assistance policy and Finding 21-11: Failing to have a Agree practice is always provided in the academy. The OPD Chief can designate a Criminal victims of crime liaison officer for Investigation Division (CID) or Patrol Division-Investigation Unit Commander as the years, the Oakland Police Department's VLO. Before the VLO was hired, an OPD Lieutenant was serving in this role. Department missed out on relevant and available training mandated by Cal. Gov. Code sec. Trainers discuss this specific section of policy: "Pursuant to Government Code Section 13968 (c), Penal Code Section 13701 and 264.2, [13962(d).] police personnel shall provide all eligible crime victims/witnesses with a Resource Card for Victims of Crime (Homicide, Assault, and Robbery, or Special Victims) and a Victim's Rights (Marsy's Law) Card and document this fact in the appropriate offense report (s). The Resource Card provides the victim/witness with information about the California Victim of Crime Program as well as counseling and victim advocacy assistance. It also provides the telephone number that they can call to report additional information about the case or to receive information about the status of the case." More information about the victims' rights is also available in the Training Bulletin (Attachment E). Furthermore, the California Commission on Peace Officer Standards and Training (POST), in Learning Domain 5 - Introduction to Criminal Law, 2 provides instruction on Marsy's Law mandates. The instruction continues to extend beyond the Basic Academy, where members of our Criminal Investigations Division continue to promote this mandate. Here is the information from the California Commission on Peace Officer Standards and Training Course Workbook Series: 2 https://post.ca.gov/portals/0/post_docs/basic_course_resources/workbooks/LD_04_V-4.6.pdf Victim Assistance Information It is the duty of every law enforcement agency to inform crime victims of the Introduction services that may be available to them. There are two categories of information law enforcement agencies must, under Required law, convey to the crime victim pursuant to Government Code Section 13968(c). information Officers must notify victims of the existence of: local victim assistance centers . the California Victims of Crime Compensation Program Government Code Section(s) 13950-13966 Victim's Bill of Rights, California Constitution, Article I, Section 28(b), "Marsy's Law" For sexual assault victims specifically, officers must provide victims with the "Victims of Domestic Violence" brochure or the agency's card developed for sexual assault victims, whichever is more applicable [Penal Code Section 264.2(a)]. Marsy's Law Card available at, NOTE: http://ag.ca.gov/victimservices/pdf/marsy_pocket_en.pdf. See pages 2-24 through 2-26 for referenced material Victims Under California law (Government Code Sections 13950-13969.7), qualified of crime victims of specified violent crimes may receive financial assistance for losses resulting from a crime when these losses cannot be reimbursed by other sources. compensation This program is referred to as the Victims of Crime Compensation Program. program NOTE: Peace officers should not tell victims they will qualify for compensation, they should only advise them of how to apply for compensation. Statistics show that Black applicants are disproportionately denied for claims. Finding 21-12: Racial disparities Agree exist in the number of Some victims are ineligible for the California Victim Compensation Program funds. Any applications for crime victim victims who incur expenses related to the crime while on either probation or parole do not compensation that are denied for qualify for the California Victim Compensation Program3. In addition, if they are listed as a lack of cooperation with law suspect, they are automatically ineligible to receive funds. If the victim is not eligible for enforcement, lack of cooperation the California Victim Compensation Board (CalVCB) compensation, OPD Victim Services can with the claims group, and provide referrals to community-based service providers who offer low or no cost involvement in events leading to counseling, resources, and other services. Our current OPD VLO is tracking who goes to the crimes. Black applicants receive a claims group and why they are being denied so OPD can maintain its own data. disproportionate number of Applications can be submitted either online or through the local Victim Center, which is the denials for these reasons District Attorney Victim Witness Program or the Family Justice Center in Alameda County. compared to applicants in other Final determinations are made by CalVCB at the State level. racial/ethnic categories. OPD strives to ensure that crime victims are treated fairly. Fair and equitable treatment is an integral tenet of our training. Our crime reporting policy states that reporting should be done with an equity-based lens. OPD officers are expected to account for the effects which trauma can have on the victims. Captain Figueroa conducted a line up training for all Criminal Investigators and included this topic as a part of the curriculum for the Basic Investigators course which was held in early 2021. The Training Section also provided additional training to the Department on how officers need to be more descriptive in how they articulated their interactions with victims/witnesses (See Attachment B). The following language is included in all Victim Services and Report writing: 3 California Victim Compensation Board Eligibility for Government Code 13956 (c) (1) Notwithstanding Section 13955, no person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, Post Release Community Supervision (PRCS), or mandatory supervision, if any, for that violent crime. In no case shall compensation be granted to an applicant pursuant to this chapter during any period of time the applicant is held in a correctional institution, or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code. (2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1). All police personnel are reminded that when obtaining a victim's account of an incident, they are not to infer or assume what that victim's state of mind is or may be (i.e. uncooperative or not forthcoming), based on factors such as the victim's animated behavior, use of profanity or refusal to communicate. The effects of trauma, rather than a refusal to cooperate, may result in a victim exhibiting these types of behaviors when being interviewed by police personnel. Additionally, police personnel are not to incorporate any historical or habitual information concerning a victim (e.g., substance abuse), on the assumption that this behavior was contributory to his or her victimization, unless there is direct evidence of such. When obtaining a victim's account of an incident to be transposed onto an incident report, police personnel shall always be quided by the facts and actions relative to the victim(s), and the facts and actions relative to any witnesses and attendant police personnel. Understanding that trauma can impact a victim's ability to process information and moderate behavior, an officer shall not deem a victim to have failed to cooperate based on their conduct with law enforcement at the scene of the crime or in a hospital following the crime. For the purposes of completing the report, a victim in such a setting will be referred to as "unable to complete the interview at the time." Officers should make every attempt to conduct interviews at times and places that are safe and private for the victim. Some victims are ineligible for the California Victim Compensation Program funds. Any victims who incur expenses related to the crime while on either probation or parole do not qualify for the California Victim Compensation Program4. In addition, if they are listed as a 4 California Victim Compensation Board Eligibility for Government Code 13956 (c) (1) Notwithstanding Section 13955, no person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, Post Release Community Supervision (PRCS), or mandatory supervision, if any, for that violent crime. In no case shall compensation be granted to an applicant pursuant to this chapter during any period of time the applicant is held in a correctional institution, or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code. (2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1). suspect, they are automatically ineligible to receive funds. If the victim is not eligible for CalVCB compensation, OPD Victim Services can provide referrals to community-based service providers who offer low or no cost counseling, resources, and other services. Our current OPD VLO is tracking who goes to the claims group and why they are being denied so OPD can maintain its own data. Applications can be submitted either online or through the local Victim Center, which is the District Attorney Victim Witness Program or the Family Justice Center in Alameda County. Final determinations are made by Cal VCB at the State level. OPD agrees that it is fair to assume that the claims group uses information provided by law Finding 21-13: The claims group Agree enforcement to make its determinations. However, OPD does not know to what extent that relies on information from law information is relied upon or otherwise interpreted or used by the claims group to make its enforcement as the basis of their determinations. determinations that an applicant or victim has failed to cooperate OPD strives to keep the channels of communication as open as possible with the District or was involved in events leading Attorney' Victim/Witness Services (DAVW). Moreover, OPD endeavors to be as transparent to crimes. as possible. OPD keeps communication open and transparent with the claims group in relation to the incident by (1) giving the claims group a copy of relevant police reports; (2) giving the claims group a victims of violent crime form filled out on behalf of the victim; and (3) inviting the claims group to call the OPD VLO for more information or for clarification. Prior to the hiring of the current VLO, the claims group could contact the Criminal Investigation Division (CID) or Patrol Division-Investigation Unit Commander as the Department's designated VLO. OPD realizes the program needs revamping and is instituting policies to limit potential for Finding 21-14: Determinations Disagree partially bias wherever possible and appropriate. In addition, according to the final Grand Jury about cooperativeness and report, the claims group does not take responsibility for resolving miscommunications involvement include subjective between law enforcement and applicants even though it is required to do so under state judgments on the part of police and other law enforcement law (p. 46, Grand Jury report). If there is ambiguity as to an applicant's "cooperativeness," it would be helpful for the claims group to reach out to law enforcement on behalf of the personnel that could lead to a applicant. Similarly, if the claims group suspects bias or preferential treatment, they are denial of victim compensation encouraged to share those concerns with OPD and/or obtain further information where funds, and consequently are relatively more likely to be appropriate. influenced by overt or implicit bias, among other factors. OPD officers aim to be objective and to provide all victims with the information they need to obtain services. When asking a victim about their desire to press charges or not, victims who are unable or hesitant to participate in interviews will be referred to as "unable to complete the interview at that time" on the report. There shall be no mention or language of "cooperative vs. non-cooperative" used in the report. Ultimately, the District Attorney will assess the case and determine whether or not to proceed with prosecution. It is important to note that the District Attorney has successfully prosecuted offenders when victims were reluctant to engage in the prosecutorial process. Distribution of the resource cards meets the state requirement to inform victims about California Victim Compensation Program. All victims receive the following cards:
No recommendations for this finding
F21-10
The Oakland Police timeframe, OPD has been actively addressing this issue since 2018 as outlined below. Department failed to fill the Moreover, building community relationships is one of the three goals of the Ceasefire victims of crime liaison officer in Strategy1. Immediately following the Urban Institute/Urban Peace Institute Oakland accordance with Cal. Gov. Code § 13962(c) and 2 CCR § 649.36 and Collective Healing Report in 2017 (Attachment F), OPD Ceasefire set a course to address several community/police issues. The issues addressed included (1) the need for a Victims by OPD's own general orders, in a Assistance Program within OPD and, (2) the need to address OPD's awareness of and direct timely fashion, causing lost response to community trauma through a trauma-informed policing plan. opportunity for the victims of violent crime to obtain needed support. The Oakland Police OPD employed the following course of action to address these issues: Department was aware of the directive and in April 2021 1. OPD applied for funding. Under the direction of then Deputy Chief Armstrong, Ceasefire Director Reygan Harmon and Molly Giesen-Fields wrote the grant complied with the requirement. proposal, and the U.S. Department of Justice subsequently chose Oakland as one of four demonstration sites for a Collective Healing Initiative Grant (See Attachment G, ). They began working on the proposal in April of 2018. 2. OPD conducted an awareness assessment. OPD's training section conducted internal interviews and external listening and feedback sessions. This was done in order to give a voice to individuals and communities most likely to be victims of violent crime or police interaction. OPD collected and analyzed data and gave subsequent recommendations under contractual agreement with The Urban Institute. 3. OPD developed and rolled out the Trauma-Informed Policing Plan (TIPP) in phases. The plan addresses five major goals related to collective healing between law enforcement and those in the wake of harm. The plan's focus is staff training, 1 Ceasefire is a data-driven violence-reduction strategy coordinating law enforcement, social services, and the community. The major goal is to reduce gang/group-related homicides and shootings. Ceasefire seeks to combine the best of community energies, social services, and strategic law enforcement to reduce gun violence associated with gangs/groups far more effectively than these entities operating alone. For more information, see https://www.oaklandca.gov/topics/oaklands-ceasefire-strategy. victim's services and support, community police centered collaboration and training, professional development and wellness, and review and revision of policy and procedures. 4. The 2019 Victim's Assistance and Support proposal (Attachment A) addresses one goal of the Plan and lists, as the first benefit, meeting the state requirement for a VLO. 5. OPD applied to the Office for Victims of Crime (OVC) FY 2020 Law Enforcement- Based Victim Specialist Program for funding for a VLO. The deadline for the grant application was April 20, 2020. The grant application and process may be found online at https://ovc.ojp.gov/sites/g/files/xyckuh226/files/media/document/OVC- 2020-17556.pdf 6. OPD received notification of the award on October 8, 2020. The award package was in the amount of $450,000 payable over a three-year period (10/1/2020 through 9/30/2023). Most of the funding goes toward the VLO's salary and benefits. City Council had to approve a resolution authorizing the city administrator or designee to accept and appropriate the funding to OPD for the full-time VLO. Council approved the resolution by unanimous vote in December 2020. 7. OPD posted the VLO position and there was a hiring process to find the most qualified person for the VLO position. The process for hiring the VLO was arduous for several reasons. First, there were COVID protocols in place in terms of hiring within OPD. This position was one of many considered and OPD was only allowed to choose five positions for posting. Four of the positions were already earmarked for posting so the VLO position was the last one considered for the hiring process. OPD must adhere to a strict bureaucratic hiring process which includes posting the position according to City of Oakland guidelines. Moreover, OPD is required to conduct an extensive background check which normally takes months. This background check was especially stringent given the sensitive nature of the VLO position. Normally it takes over a year to post positions, complete interviews, do background checks, and complete the hiring process. OPD expedited this process in order to hire a VLO as soon as possible. The position was filled in April 2021. Although OPD had not hired a dedicated VLO, training for victims' assistance policy and
No recommendations for this finding
F21-11
Failing to have a Agree practice is always provided in the academy. The OPD Chief can designate a Criminal victims of crime liaison officer for Investigation Division (CID) or Patrol Division-Investigation Unit Commander as the years, the Oakland Police Department's VLO. Before the VLO was hired, an OPD Lieutenant was serving in this role. Department missed out on relevant and available training mandated by Cal. Gov. Code sec. Trainers discuss this specific section of policy: "Pursuant to Government Code Section 13968 (c), Penal Code Section 13701 and 264.2, [13962(d).] police personnel shall provide all eligible crime victims/witnesses with a Resource Card for Victims of Crime (Homicide, Assault, and Robbery, or Special Victims) and a Victim's Rights (Marsy's Law) Card and document this fact in the appropriate offense report (s). The Resource Card provides the victim/witness with information about the California Victim of Crime Program as well as counseling and victim advocacy assistance. It also provides the telephone number that they can call to report additional information about the case or to receive information about the status of the case." More information about the victims' rights is also available in the Training Bulletin (Attachment E). Furthermore, the California Commission on Peace Officer Standards and Training (POST), in Learning Domain 5 - Introduction to Criminal Law, 2 provides instruction on Marsy's Law mandates. The instruction continues to extend beyond the Basic Academy, where members of our Criminal Investigations Division continue to promote this mandate. Here is the information from the California Commission on Peace Officer Standards and Training Course Workbook Series: 2 https://post.ca.gov/portals/0/post_docs/basic_course_resources/workbooks/LD_04_V-4.6.pdf Victim Assistance Information It is the duty of every law enforcement agency to inform crime victims of the Introduction services that may be available to them. There are two categories of information law enforcement agencies must, under Required law, convey to the crime victim pursuant to Government Code Section 13968(c). information Officers must notify victims of the existence of: local victim assistance centers . the California Victims of Crime Compensation Program Government Code Section(s) 13950-13966 Victim's Bill of Rights, California Constitution, Article I, Section 28(b), "Marsy's Law" For sexual assault victims specifically, officers must provide victims with the "Victims of Domestic Violence" brochure or the agency's card developed for sexual assault victims, whichever is more applicable [Penal Code Section 264.2(a)]. Marsy's Law Card available at, NOTE: http://ag.ca.gov/victimservices/pdf/marsy_pocket_en.pdf. See pages 2-24 through 2-26 for referenced material Victims Under California law (Government Code Sections 13950-13969.7), qualified of crime victims of specified violent crimes may receive financial assistance for losses resulting from a crime when these losses cannot be reimbursed by other sources. compensation This program is referred to as the Victims of Crime Compensation Program. program NOTE: Peace officers should not tell victims they will qualify for compensation, they should only advise them of how to apply for compensation. Statistics show that Black applicants are disproportionately denied for claims.
No recommendations for this finding
F21-12
Racial disparities Agree exist in the number of Some victims are ineligible for the California Victim Compensation Program funds. Any applications for crime victim victims who incur expenses related to the crime while on either probation or parole do not compensation that are denied for qualify for the California Victim Compensation Program3. In addition, if they are listed as a lack of cooperation with law suspect, they are automatically ineligible to receive funds. If the victim is not eligible for enforcement, lack of cooperation the California Victim Compensation Board (CalVCB) compensation, OPD Victim Services can with the claims group, and provide referrals to community-based service providers who offer low or no cost involvement in events leading to counseling, resources, and other services. Our current OPD VLO is tracking who goes to the crimes. Black applicants receive a claims group and why they are being denied so OPD can maintain its own data. disproportionate number of Applications can be submitted either online or through the local Victim Center, which is the denials for these reasons District Attorney Victim Witness Program or the Family Justice Center in Alameda County. compared to applicants in other Final determinations are made by CalVCB at the State level. racial/ethnic categories. OPD strives to ensure that crime victims are treated fairly. Fair and equitable treatment is an integral tenet of our training. Our crime reporting policy states that reporting should be done with an equity-based lens. OPD officers are expected to account for the effects which trauma can have on the victims. Captain Figueroa conducted a line up training for all Criminal Investigators and included this topic as a part of the curriculum for the Basic Investigators course which was held in early 2021. The Training Section also provided additional training to the Department on how officers need to be more descriptive in how they articulated their interactions with victims/witnesses (See Attachment B). The following language is included in all Victim Services and Report writing: 3 California Victim Compensation Board Eligibility for Government Code 13956 (c) (1) Notwithstanding Section 13955, no person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, Post Release Community Supervision (PRCS), or mandatory supervision, if any, for that violent crime. In no case shall compensation be granted to an applicant pursuant to this chapter during any period of time the applicant is held in a correctional institution, or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code. (2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1). All police personnel are reminded that when obtaining a victim's account of an incident, they are not to infer or assume what that victim's state of mind is or may be (i.e. uncooperative or not forthcoming), based on factors such as the victim's animated behavior, use of profanity or refusal to communicate. The effects of trauma, rather than a refusal to cooperate, may result in a victim exhibiting these types of behaviors when being interviewed by police personnel. Additionally, police personnel are not to incorporate any historical or habitual information concerning a victim (e.g., substance abuse), on the assumption that this behavior was contributory to his or her victimization, unless there is direct evidence of such. When obtaining a victim's account of an incident to be transposed onto an incident report, police personnel shall always be quided by the facts and actions relative to the victim(s), and the facts and actions relative to any witnesses and attendant police personnel. Understanding that trauma can impact a victim's ability to process information and moderate behavior, an officer shall not deem a victim to have failed to cooperate based on their conduct with law enforcement at the scene of the crime or in a hospital following the crime. For the purposes of completing the report, a victim in such a setting will be referred to as "unable to complete the interview at the time." Officers should make every attempt to conduct interviews at times and places that are safe and private for the victim. Some victims are ineligible for the California Victim Compensation Program funds. Any victims who incur expenses related to the crime while on either probation or parole do not qualify for the California Victim Compensation Program4. In addition, if they are listed as a 4 California Victim Compensation Board Eligibility for Government Code 13956 (c) (1) Notwithstanding Section 13955, no person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, Post Release Community Supervision (PRCS), or mandatory supervision, if any, for that violent crime. In no case shall compensation be granted to an applicant pursuant to this chapter during any period of time the applicant is held in a correctional institution, or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code. (2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1). suspect, they are automatically ineligible to receive funds. If the victim is not eligible for CalVCB compensation, OPD Victim Services can provide referrals to community-based service providers who offer low or no cost counseling, resources, and other services. Our current OPD VLO is tracking who goes to the claims group and why they are being denied so OPD can maintain its own data. Applications can be submitted either online or through the local Victim Center, which is the District Attorney Victim Witness Program or the Family Justice Center in Alameda County. Final determinations are made by Cal VCB at the State level. OPD agrees that it is fair to assume that the claims group uses information provided by law
No recommendations for this finding
F21-13
The claims group Agree enforcement to make its determinations. However, OPD does not know to what extent that relies on information from law information is relied upon or otherwise interpreted or used by the claims group to make its enforcement as the basis of their determinations. determinations that an applicant or victim has failed to cooperate OPD strives to keep the channels of communication as open as possible with the District or was involved in events leading Attorney' Victim/Witness Services (DAVW). Moreover, OPD endeavors to be as transparent to crimes. as possible. OPD keeps communication open and transparent with the claims group in relation to the incident by (1) giving the claims group a copy of relevant police reports; (2) giving the claims group a victims of violent crime form filled out on behalf of the victim; and (3) inviting the claims group to call the OPD VLO for more information or for clarification. Prior to the hiring of the current VLO, the claims group could contact the Criminal Investigation Division (CID) or Patrol Division-Investigation Unit Commander as the Department's designated VLO. OPD realizes the program needs revamping and is instituting policies to limit potential for
No recommendations for this finding
F21-14
Determinations Disagree partially bias wherever possible and appropriate. In addition, according to the final Grand Jury about cooperativeness and report, the claims group does not take responsibility for resolving miscommunications involvement include subjective between law enforcement and applicants even though it is required to do so under state judgments on the part of police and other law enforcement law (p. 46, Grand Jury report). If there is ambiguity as to an applicant's "cooperativeness," it would be helpful for the claims group to reach out to law enforcement on behalf of the personnel that could lead to a applicant. Similarly, if the claims group suspects bias or preferential treatment, they are denial of victim compensation encouraged to share those concerns with OPD and/or obtain further information where funds, and consequently are relatively more likely to be appropriate. influenced by overt or implicit bias, among other factors. OPD officers aim to be objective and to provide all victims with the information they need to obtain services. When asking a victim about their desire to press charges or not, victims who are unable or hesitant to participate in interviews will be referred to as "unable to complete the interview at that time" on the report. There shall be no mention or language of "cooperative vs. non-cooperative" used in the report. Ultimately, the District Attorney will assess the case and determine whether or not to proceed with prosecution. It is important to note that the District Attorney has successfully prosecuted offenders when victims were reluctant to engage in the prosecutorial process. Distribution of the resource cards meets the state requirement to inform victims about California Victim Compensation Program. All victims receive the following cards: Information Card / Blue Card (TF-3264) Marsy's Law Resource Card (TF-3323) Depending on the crime which has been committed, victims will receive one of these cards: • Homicide, Robbery, Assault • Special Victims - Domestic Violence, Sexual Assault, Human Trafficking, Missing Persons Missing Persons Human Trafficking Hate Crimes Mental Health Resource Card (TF-3354) Victim and Witness Support and Service referral information as well as its policies and
No recommendations for this finding
F21-15
The Oakland Police Disagree partially procedures has been added to the main page of the OPD website, so it is easily accessible Department's website is and viewable. Here is the website: https://www.oaklandca.gov/resources/victim-and- maintained in an opaque fashion with no provision for globally witness-assistance searching for any particular policy OPD has placed its Policies and Procedures on its main page and they are searchable within or procedure. this page: https://www.oaklandca.gov/departments/police In terms of being globally searchable, OPD is one of several departments in the City of Oakland. OPD can maintain its own webpage content but City of Oakland controls and dictates structure and required template for each page. This impacts the searchability for the overall City of Oakland website. OPD would have to investigate if City of Oakland is willing to change the global website structure in order to increase global searchability. Explanation
No recommendations for this finding