26 responses to findings and recommendations
F1
The management of PA/PG
Response: Agree
Score: +1
Finding 1 Both the OCSD and CEO Risk Management perform risk management activities relative to jail claims and lawsuits. Response: Agree with the finding. (? .*. The Orange County Sheriff Department Risk Management Bureau (OCSDIRMB) does perform activities relative to jail claims and lawsuits in addition to a multitude of other duties. These duties include but are not limited to: department training, County Counsel liaison, and department policy management. The OCSDIRMB also collects information related to claims once a claim is forwarded by the CEO Risk Management office. This information inc...
R1
In addition to the laws incompatibility of offices set forth in the Political Re- when a board member
Response: Unknown
Score: 0
r 1,000 volunteers to provide numerous programs for inmates. Volunteer activities focus on substance abuse and recovery, self-esteem, maintenance of family relationships, religious activities, and faith-based programming. - . R e v i s e d 8 1 5 i 0 9 I ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URYRE SPONSE CONDITION OF ORANGE COUNTJYA ILS Findins 12 Programs to address and solve the projected inmate population growth for the period between now and when expansion of Musick is completed have not been defined. Response: Agree with the finding. The current Community Work Program (CWP) does, in fa...
F2
Personnel practices at PA/ b and c, add deputies to help trative cost reductions. The ad- PG have used temporary pro- reduce caseload. ministrative costs have actually motions and selective exclusion increased without any apparent R.2: The Board of Supervisors criteria to circumvent standard improvement in decedent estate should transfer the personnel hiring procedures. processing or conservatee management functions of PA/
Response: Agree
Score: +1
Finding 2 Holding cells could eventually present unsafe working conditions for Sheriff Personnel because needed upgrades and maintenance are being delayed. - .- -.. - - - .- 31Page R e v i s e d 8 / 5 / 0 0 ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URYRE SPONSE CONDITIOONF ORANGCEO UNTJYA ILS Response: Agree with the finding. The Central Justice Center (CJC) was built in 1966. The CJC is pending transfer to the state. Until this transaction is completed, large upgrade projects have been put on hold. However, holding cells are currently being upgraded with security cameras to help mitigate safe...
R2
is required from the Board of development, trials and conver- reports to senior management Supervisors and requested from sion to the replacement for required action. County Executive Office/Orange system. County Human Resources Depart-
Response: Requires Analysis
Score: 0
Recommendation 2 A detailed study should be conducted to determine whether risk management activities for OCSD claims and lawsuits would be better and more efficiently per- formed in OCSD. (F. I) Response: The recommendation requires further analysis. The goal is how to best serve the citizens of the County of Orange. In the opinion of the Sheriff's Risk Management Bureau (RNIB) ,the claims process can 141 1':i.g~ 1<c\ i \ c d X / ~ / O O ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJU RY RESPONSE I CONDITIONOF ORANGE COUNTY JAILS be more effectively accomplished if the process is moved closer to t...
F3
The current ePAGES care. The agency has made PG to the OCHR. computer program is no longer ineffective decisions that have
Response: Disagree Partially
Score: 0
Finding 3 The jail system is operating within its capabilities and therefore overcrowding is not currently an issue. Response: Disagree partially with the finding. The respondent agrees that 'the jail system, at the time of ,the report, is currently operating within its capabilities; however, the respondent believes jail overcrowding is currently and will continue to be an issue. CI-~rrentlyt he OCSD jail system is operating within its means and capacities; however, the jail system faces an increase in the segment of the inmate population that requires protective custody and total separation f...
R3
The Treasurer should participate. (F-4) from the Treasury Oversight Com- exit all SIV investments as mittee soon as practicable. (F-2, F- R.5(b): The investment Responses to F-6 are required 2(a), F-2(b), F-2(c), F-3,) report produced monthly by from the Auditor-Controller and the Treasurer’s Office should the Treasurer-Tax Collector
Response: Will Implement
Score: +1
Recommendation 3 The OCSD and the Board of Supervisors should pursue with the AOC needed facility upgrades and maintenance to avoid future safety issues at courthouse holding facilities. (F.2 ) Response: The recommendation has not yet been implemented, but will be implemented in the near future. The Central Justice Center (CJC) was built in 1966. The CJC is pending transfer to the state. Until this transaction is completed, large upgrade projects have been put on hold. However, holding cells are currer~tlyb eing upgraded with security cameras to help mitigate safety and security concerns. r' T...
F4
The TOC is not function- the revised December, 2008, scope of PFM’s review. PFM ing as an oversight com- IPS are: limited its interviews and re- mittee as it was originally search to Treasury staff and a) The language used in intended and as set forth in Treasury documents. Section III reads: “…the its bylaws, and as a conse- standard of prudence to be quence, is not as effective
Response: Agree
Score: +1
Finding 4 Recently completed jail needs assessment reports predict a significant population increase in minimum and medium-security in-mates. (7 Response: Agree with the finding. Given the current economic condition, and the jail needs assessment report, OCSD expects a continued increase in the minimum and medium security inmate population.
R4
The County Internal Audit Guardian. Based on the results from the Board of Supervisors and Department should conduct of this review and the Grand requested from the County Execu- an in-depth review of OCHR Jury report, they should recon- tive Office and the Orange County personnel records to determine sider whether separating the Health Care Agency. if additional instances of ques- PA/PG from the Health Care tionable pension practices exist Required Responses Agency and turning it into a in agen...
Response: Will Not Implement
Score: -1
Recommendation 4 Funding should be authorized for immediate expenditure in 2010 or earlier for the preparation of the Musick expansion design/construction documents. The I estimated cost is $9.2 million. These documents can be used to address the concerns of the surrounding communities, avoid future debate, litigation and project delay. (F.3, F.4, F.5, F. 7, F.9, F. 70, F.73) Response: The recommendation will not be implemented because it is not reasonable. I This recommendation has not been implemented due to county budgetary I constraints.
F5
Public Administrator/Pub- be responded to by the government has become top heavy which lic Guardian policies and proce- entity to which it is addressed. The complicates communication dures are outdated, confusing responses are to be submitted to with employees, increases costs and are not being adhered to as the Presiding Judge of the Superior and lowers morale and depart- written making it difficult to ef- Court. Based on the findings, the ment performance. fectively implement the PA/PG 2008-20...
Response: Agree
Score: +1
Finding 5 Without a Musick medium-security capacity expansion, early release of inmates may be the only option available to avoid OCSD jail overcrowding. Response: Agree with the finding. .. Budgetary constraints have limited the forward development of the Musick Master Plan. -. .. . . - - .. - .. . .. . . . .. .. . - . .. -. - -. - -- - - -- . - -. - . . .. .. .- . .. - - - .-. - - - -- , .. . .. . - - 6IPage R e v i s e d 8 / 5 / 0 9 ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URYRE SPONSE CONDITIOONF O RANGCEO UNTJYA ILS
R5
The OCSD and the security and medical rea- Sheriff-Coroner Board of Supervisors should sons. (F.6) Responses to Recommenda- pursue discussions with the
Response: Implemented
Score: 0
Recommendation 5 The OCSD and the Board of Supervisors should pursue discussions with the State and local communities regarding the Musick expansion to resolve any outstanding issues and objections. (F.3, F.4, F. 7, F.9, F. 10, F. 73) Response: The recommendation has been implemented. The Sheriff-Coroner continues to meet with representatives from the cities of Lake Forest and Irvine. Currently, the three parties are working on points of cooperation that can be added to the Environmental Impact Report (E.1.R) addendum to resolve outstanding issues and objections. Additionally, department and c...
F6
The lack of business three managers and two non-
Response: Agree
Score: +1
Finding 6 Early release of inmates through the use of alternates-to-incarceration programs (e.g . Community Work Program (C WP) have avoided gross overcrowding within OCSD jails. Response: Agree with the finding. The Community Work Program (CWP) does reduce overcrowding in the OCSD jail system by giving the department a placement option for low-risk and non- violent offenders.
R6
a): The TOC should Oversight Committee that an annual compliance consider expanding to seven Responses to R-4 (a), (b), (c) audit be conducted that ad- members including four are required from the Board of dresses all elements of the members of the public. This Supervisors Government Code as well as will achieve a better balance Response to R-5 (a), (b), (c) the IPS. The audit should between County and public are requested from the Treasury be conducted by a firm or membership and serve to Overs...
Response: Will Not Implement
Score: -1
Recommendation 6 In order to achieve cost savings, CCTV should be placed in all city jails where feasible to be utilized for all court appearances where inmates do not have to be personally present. (F.9 ) Response: The recommendation will not be implemented because it is not reasonable. The Orange County Sheriffs Department does not have control over any city jail and therefore cannot require city jails to implement CCN. However, video arraignment is currently being utilized at the Central Jail Complex (CJX). CJX is currently performing approximately 130 video arraignments per week. OCSD Rese...
F7
Management practices Level III positions within the trative Services department. used since the separation of PA/PG are unwarranted due the Public Guardian from the
Response: Agree
Score: +1
Finding 7 Today's inmate profile is made up of more serious and mentally ill offenders who require greater segregation thus reducing bed space. Response: Agree with the finding. The segment of the jail population that requires special housing is growing at an alarming rate. The OCSD jail system receives large numbers of inmates from the California Department of Corrections and Rehabilitation (CDCR). Many of these inmates are classified by the CDCR as "Sensitive Needs" (SNY) which is equivalent to county level Protective Custody (PC) inmates. These inmates are classified SNY for numerous safety...
R7
The Auditor-Controller major credit agencies. Prop- should insure that financial er due diligence begins with Required Responses statements prepared by the a review of credit ratings; it Treasurer’s Office showing doesn’t end there. (F-11) The California Penal Code investment balances be reg- specifies the required permis-
Response: Implemented
Score: 0
Recommendation 7 Develop a way to calculate recidivism rates to adequately measure the effectiveness of re-entry and post-release programs provided by lnmate Setvices Division. (F. 8) Response: The recommendation has been implemented. For the past 12 months, the Inmate Services Division (ISD) has collected data related to inmate programming participation, which will be used to track and assess inmate recidivism. A research analyst was hired to work along with the UCI School of Criminal Justice Graduate program to develop appropriate and meaningful guidelines for gathering and analyzing this da...
F8
A review of compliance used by County investment as it should be. audits by two outside firms officers shall be the prudent that later merged (Moreland
Response: Agree
Score: +1
Finding 8 Re-entry and post-release programs have reduced inmate recidivism but there exists little quantitative information and analysis to support such a conclusion. Response: Agree with the finding. A Research Analyst was hired in 2008. He was granted access to appropriate Sheriff's Data Systems applications containing information pertinent to recidivism rates. A software package that works with several government agencies for the purpose of data analysis was purchased to expand and enhance our existing reports.
R8
When the term of the cur- developed. Appropriate train- (b) of Section 933, as to each rent PA expires in two years, ing based on these documents grand jury finding, the respond- the Board of Supervisors should be given and that action ing person or entity shall indi- should consider moving the documented. cate one of the following: Public Administrator function (1) The respondent agrees into the same department that
Response: Requires Analysis
Score: 0
Recommendation 8 Programs that provide alternatives to incarceration should be developed, funded and implemented and existing programs expanded to meet inmate population growth. (F.6 , F. 1 0, F. 12) Response: The recommendation requires further analysis. As previously stated, 'the Corr~munityW ork Program can be expanded to inmates who reside in adjacent and neighboring cities outside of Orange County, by allowing inmates with certain disqualifying charges more than 5 years ago to be eligible for the program, by increasing the nurr~bero f maximum sentence days from 150 to 200 days, and by pla...
F9
The CAFR, released b) The language used in mends that the size of this in December, 2008, states Section III describing how committee be from 3 to 11 in the Notes to the Basic the Treasurer should invest members. Financial Statement section with care and prudence in- that “the SIV investments
Response: Agree
Score: +1
Finding 9 The Board of Supervisors has not authorized the Musick expansion project and there is no alternative proposal. Video visitations and arraignment were features of the expansion project. ~ . -. SIPage Revised 8 i 5 1 0 9 ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URY RESPONSE CONDITIONO F ORANGEC OUNTYJA ILS ~ Response: Agree with the finding. While the Musick expansion project has not been funded, modifications to the Musick Facility have been completed to incorporate a Video Arraignment area. Courts are determining whether they want to integrate this area into their existing arraignme...
R9
The TOC should insure
Response: Implemented
Score: 0
Recommendation 9 Volunteers are critical to the success of the lnmate Setvices Division/lnmate Re- Entry Unit and the OCSD should continue suppotting the recruitment of these key contributors. (F. I I) Response: The recommendation has been implemented. Orange County Sheriff's Department (OCSD) and Inmate Services Division (ISD) understand that volunteers are vital to providing in-custody and post-custody programs. In 2008, ISD had ove
F10
Even with an immedi- fied by wristband or module the Board of Supervisors ate Musick expansion go- card. Other than color, the Responses to Finding F.16 and ahead in 2009, new beds to only information on the card
Response: Unknown
Score: 0
Finding 10 Even with an immediate Musick expansion go-ahead in 2009, new beds to ~ accommodate the projected minimum/medium inmate population growth will not 1 be available until 2013 o
R10
There is a general ten- members of the public are Response to R-8 is requested dency to over-rely on ratings recommended. (F-5) from the Treasury Oversight Com- issued by the major credit mittee rating agencies. In these b) While Section 27132 (1) Responses to R-9 is required times when rating agency of the Government Code from the Treasury Oversight Com- credibility is being called into requires at least two of the mittee question, it is recommended public members be well Responses to R-10 is r...
Response: Will Not Implement
Score: -1
Recommendation 10 While being booked at the IRC medical screening area, privacy should be afforded to the inmates for security and medical reasons. (F. 6) Response: The recommendation will not be implemented because it is not reasonable. An initial survey of the medical screening area was conducted on April 29, 2009. DIJt~o budgetary constraints, the engineering and architectural (E&A) planning has not been conducted. A complete E&A analysis must first be completed before construction planning and cost analysis can be made. The medical staff has the ability to conduct confidential interviews w...
F11
The investment in SIVs managing an overall port- from the Auditor-Controller were imprudent for several folio.” should be clarified to Responses to F-11 are required reasons. Among them are: mean that all individual in- from the Treasurer-Tax Collector safety and liquidity, the high- vestments meet the prudent and requested from the Treasury est priorities for the County’s investor standard. (F-3a) Oversight Committee investments, were not Response to F-12 is required b) The statement “…specifi-...
Response: Agree
Score: +1
Finding 11 OCSD provides many correctional programs to jail inmates aimed at easing re- entry into the community. The re-entry programs utilize volunteers and have proven to be successful in assisting inmates and their families. Response: Agree with the finding. OCSD utilizes the services of ove
R11
The Treasurer’s Office ularly audited. In the event sible responses to the findings and should schedule an annual any future investment bal- recommendations contained in the meeting between the TAC ances or values are called report. The specific sections are and the TOC to discuss the into question, there will be quoted below: safety and quality of the an immediate response or investment pools, the cur- restatement consistent with 2008-2009 Orange County Grand Jury §933.05 2. For purposes of sub...
Response: Will Not Implement
Score: -1
Recommendation 11 Bar codes on wristbands should include booking number, photo, medical needs and special issues, which would allow greater control, accountability and security. The bar code could be scanned, thus saving the County a considerable amount of dollars in reducing medical errors, the risk of mistaken releases and special protection needs. (F. 17) Response: 'The recommendation has not been implemented, but will be implemented in the future. The Orange County Sheriff Department will soon be irnplementing a new Policy and Procedure for both wristbands and module cards. Wristbands will...
F13
The only location for Board of Supervisors. It was whether risk management jail expansion in Orange created to provide indepen- activities for OCSD claims County is the Musick facility. dent oversight regarding and lawsuits would be better incidents and allegations and more efficiently per-
Response: Agree
Score: +1
Finding 13 The only location forjail expansion in Orange County is the Musick facility. Response: Agree with the finding. I Other locations within the county have been viewed as potential sites for I expansion, however due to proximity with the other jail facilities, county courthouses, hospital facilities, etc., the Musick location has been identified as the most accessible and economically prudent option. ... . . . . . . . .-... - - - - -. .-- - . - -. , .. . .-. - .- . .. - . . .. .. . .. - - . . . . . . .- -. -. 10IPage R e v i s e d 8 / 5 / 0 9 ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ UR...
R13
The OCSD should (2)The respondent disagrees alternatives to incarceration finalize the draft overtime wholly or partially with the find- should be developed, fund- policy, resolve any outstand- ing, in which case the response ed and implemented and ing issues with the employee shall specify the portion of the existing programs expanded unions, and approve the finding that is disputed and shall 2008-2009 Orange County Grand Jury include an explanation of the (2) The recommendation has department ...
Response: Will Not Implement
Score: -1
Recommendation 13 I I The OCSD should finalize the draft overtime policy, resolve any outstanding issues with the employee unions, and approve the new overfime policy as soon as possible. (F. 18) ORANGE COUNTY SHERIFF'S DEPARTMENT GRANDJ URYRE SPONSE CONDITIONO F ORANGCEO UNTYJ AILS Response: The recommendation has not been implemented, but will be implemented in the near future. The OCSD recently updated the department overtime policy outlining overtime usage. The updated policy addresses issues noted in the 2008 overtime audit. This includes but is not limited to clarification on overtime us...
R15
A study should be con- the recruitment of these key can be used to address the ducted to reconfigure and contributors. (F.11) concerns of the surrounding remodel the booking/receiv- communities, avoid future
Response: Implemented
Score: 0
Recommendation 15 A study should be conducted to reconfigure and remodel the bookingheceiving loop at Theo Lacy. (F.20) Response: The recommendation has been implemented. In April o
F17
An inmate is identi-
Response: Agree
Score: +1
Finding 17 An inmate is identified by wristband or module card. Other than color, the only information on the card or wristband is first and last name and booking number. This is grossly deficient and can lead to significant medical, safety or legal problems. Response: Agree with the finding. The Orange County Sheriff's Department will soon be implementirlg a new Policy and Procedure for both wristbands and module cards. Wristbands will be computer generated to enhance legibility and include the inmate's name, booking photo, bookirlg number, and correlated barcode. Module Cards will also have ...