San Benito County Grand Jury
2022-2023
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (4)
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Findings & Recommendations
5 findings
F1:
Changes to local roadways, including speedbumps, roundabouts, realignment and "traffic calming measures" have an impact on emergency response times, and may potentially increase damage and maintenance to emergency response vehicles.
Related Recommendations (1)
R1:
2019 California Fire Code (CFC) Section 503.4.1 states that "Traffic calming devices shall be prohibited unless approved by the Fire Code Official". The city, county and Hollister Fire administration must communicate and work collaboratively on any changes to local roads in order to minimize negative impacts to fire and emergency response personnel and the community.
F2:
Over 12 months ago, the Fire Department Union members voted to implement the "48/96" schedule plan. This plan is favored especially by those staff with significant commute times. Additionally, it will likely have a positive effect on the ability to recruit as well as retain firefighting staff.
Related Recommendations (1)
R2:
The "48/96" scheduling management plan, as approved by the union, should be implemented as soon as possible and certainly within the next 6 months, including necessary updates and modifications to the policy and procedure manual.
F3:
Emergency personnel are exceptionally exposed to both physical and mental health stressors. Staff are highly aware of the toll their chosen career exacts on the body and mind. Mental health services and peer support are available however participation is not encouraged, and resources are underutilized.
Related Recommendations (1)
R3:
Mental health services, critical incident stress management and a formal peer support team should be implemented as the highest priority. Mental health professionals must be incorporated into regular stress management debriefing. Discontinue the current practice of using ranking staff to conduct stress management debriefs, a practice that is deeply contrary to internationally recognized CISM standards because it fails to create an environment in which personnel can speak freely.
F4:
Policy and Procedure manuals are not updated, maintained, clear and available to all personnel. Management lacks continuity between shifts as well as stations causing dissent amongst personnel. As staff members are promoted to management positions, there is a lack of training and mentoring for those newly promoted persons.
Related Recommendations (1)
R4:
Policy and Procedure manuals should be clear, regularly maintained, and readily available to all personnel. The Chief and Battalion Chiefs should reference these materials to support their troops and the mission regularly. The Chief and Battalion Chiefs would benefit from additional leadership training courses.
F5:
Collectively the CSA residents don't have a voice for CSA concerns and are not advised of scheduling of when service projects are to be performed.
Related Recommendations (1)
R5:
The CSA Coordinator should create a forum, either semi-annually or quarterly, to inform CSA homeowners when the service projects will be scheduled and completed, and post information to the County website so residents of CSAs can find information regarding their CSA without having to rely on staff. Response Required: California Penal Code sections 933 and 933.05 require that a response to the recommendations found in this final report be delivered to the presiding judge of San Benito County Superior Court. The Grand Jury request responses as follows: From the San Benito County Board of Supervisors within 90 days Affected Agencies: San Benito County Supervisors San Benito County RMA Director Attached Exhibit: San Benito County Approved Fiscal Budget for 2022/2023. ÷ HOLLISTER A A A A A A A A A A A A A A A A A A A COUNTY OF SAN BENITO ADOPTED BUDGET
Findings & Recommendations
7 findings
F1:
The Hollister Police Department staffing levels are dangerously deficient.
F2:
The addition of a third shift should be considered as an investment in efficient standards.
F3:
Establishing a second K-9 better ensures a Patrol Officer’s safety, especially when working solo in areas that communication with Dispatch is lost, which happens often.
F4:
An updated retention schedule is sorely needed to alleviate the system’s storage capacity those costs valuable time and money.
F5:
The establishment of a cannabis program requires the oversight of a Cannabis Officer to ensure that safety elements and regulations are met.
F6:
One of the 2007-2008 Grand Jury recommendations was to continue with the citizen and youth academy when it was suspended because the Crime Prevention Officer responsible for these academies left the Hollister Police Department and could not be replaced due to lack of budget.
F7:
None of the findings listed in the Novak Report were implemented.
Additional Recommendations
7
Not linked to specific findings.
R1:
For the overall safety of the community of all ages, the San Benito County Civil Grand Jury recommends that the City of Hollister explores creative options towards developing a comprehensive retention strategy and strength in benefits before the next budget review.
R2:
The San Benito County Civil Grand Jury recommends the establishment of a swing- shift should be encouraged, funded, and implemented as soon as possible, as recommended by the Novak Report.
R3:
The San Benito County Civil Grand Jury recommends hiring a second K-9 Patrol Team as an investment in officer safety that should be funded within the next operating budget.
R4:
The San Benito County Civil Grand Jury recommends the creation of an updated retention schedule for HPD Records Department to destroy antiquated records under the guidelines of the State of California as soon as possible and purge every two years after scanning to paperless.
R5:
The San Benito County Civil Grand Jury recommends the full-time position of a Cannabis Officer should be re-established immediately and the service to the private businesses should be charged to cover the fees.
R6:
The San Benito County Civil Grand Jury recommends the development of funding towards the reinstatement a Citizen and Youth Academy as soon as possible. 55
R7:
When the City of Hollister spends over $44,000.00 for a consulting report, at least 25- 50% of the findings should be implemented.
Findings & Recommendations
4 findings
F1:
Visibility is a key factor in controlling criminal activity.
F2:
The increase in criminal activity emboldens gang members.
F3:
The Civil Grand Jury recognizes that there is great competition for recruitment of Deputy Sheriffs and support personnel.
F4:
The building that houses the Probation department is wholly insufficient to the needs of the staff and their clients.
Additional Recommendations
4
Not linked to specific findings.
R1:
The Civil Grand Jury recommends the establishment of a swing shift to best support high visibility patrol tactics and to deter criminal activity.
R2:
The Civil Grand Jury recommends Creating a Violent Crimes Task Force to investigate illegal activity, disrupt gang activity and reduce the volume of illegal drugs and weapons brought into the community,
R3:
The Civil Grand Jury recommends the support for “homegrown approach” for future recruits through the Sheriff Explorer Program, Reserve program, and the implementation of a citizen academy to further enhance community awareness and relationships. Penal Code §929 requires that reports of the Civil Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. Pursuant to Penal Code §933 and §933.05, the Civil Grand Jury requests responses: From the following elected official within 60 days: From the following governing body within 90 days: RESPONSES REQUIRED: San Benito County Board of Supervisors San Benito County Sheriff’s Department 17 SAN BENITO COUNTY PROBATION DEPARTMENT SUMMARY The Probation Department is responsible for the coordination of services to the courts and other justice agencies within the county, including investigations, assessments, dispositions and of treatment of Adult and Juvenile clients; written probation reports and recommendations to the courts, correctional programming for those placed on probation, services to victims, and, legally mandated and court ordered services. These services are provided in accordance with appropriate sections as designated in the California Rules of Court, Penal Code, Welfare and Institutions Code, Family Code, Civil Code, Code of Civil Procedure, Probate Code and Government Code. METHODOLOGY: The Civil Grand Jurors toured the Probation Department Interviews were conducted with • All levels of Senior Staff • All levels of Administrative Staff • Program Managers The Grand Jury reviewed the following: • Adult and Juvenile Procedural Manuals. • Documents and reviewed past Grand Jury Reports • Juvenile Justice Realignment Block Grant Annual Plan - December 16, 2021 • SBC Public Safety Realignment Plan & Post Release Community Supervision • FY 2021 – 2022 Community Corrections Partnership BACKGROUND REALIGNMENT AB 109 California Assembly Bill 109, called the Public Safety Realignment Act, was signed by then Governor Jerry Brown in 2011. Known as Realignment AB 109, legislation was later modified by a series of other laws amended about 500 criminal statutes to eliminate the possibility of state prison time. The Realignment AB 109 transfers responsibility for supervising lower-level felony offenders and state prison parolees from state prisons and state parole agents to local county jails in which they serve their sentences. The statute says AB 109 was not created to relieve overcrowding issues in state prisons but meant to reduce recidivism. People convicted of more serious felonies, such as violent felonies or major sex crimes, are still eligible for sentencing to prison terms. It’s a controversial issue, and California law enforcement officials have criticized the AB 109. Los Angeles County District Attorney Steve Cooley wrote a letter to the Board of Supervisors stating that realignment poses “a grave threat to public safety.” What is known is AB 109 impacts the local understaffed county probation system and chronically understaffed mental healthcare services. DISCUSSION BUILDING The Probation Department is located across from the courthouse, which is a positive point, but the department is broken up into different buildings. The connection between the buildings is best described as “disjointed”. The staff is cramped but tries to do the best with every square foot of what they’ve got. The department is in a serious need of a new home organized under one roof. CASE MANAGEMENT SYSTEM Despite its recent upgrade and the simplicity of its design overall, the current case management system, continues to have shortcomings when it comes to data collection. From a case management standpoint for line level probation staff, the system is easy to enter data into and it possesses many features that enhance organization for staff. From a management level, the case management system does not have a mechanism in place to pull reports from all the various data entry fields in a quick/efficient manner. The case management system staff are very responsive to constructive feedback and have continually made improvements or upgrades as recommended. The main drawbacks to the current case management system are it is difficult to measure progress, track changes in operations based on new legislative requirements, and an inability to analyze data collected. STAFF AT the time of this report, the Probation Department currently has two vacancies. Two people hired for probation are waiting to come over from the Juvenile Hall, which now has four vacancies. Vacancies on the probation side is much like “robbing Peter to pay Paul” when backfilling with staff from the juvenile department. Probation must meet the legislative and court ordered mandates, but it is more difficult to cover field supervision 19 assignments as thorough as the team would like due to staffing shortages. Consequently, all levels of staff take on extra caseload duties and additional responsibilities just to keep up with a very challenging pace. Of course, there is a slowdown towards meeting established objectives to move the department forward. ADULT PROATION POPULATION The Probation Department averages 265 Adults and based upon risk levels: Low (65), medium (75) and high (68), Adult clients under the supervision of the following top three departmental programs and services: 251 Formal Felony: 229 Domestic Violence 46 Drug Treatment Court others include: Adult Supervision and Intensive Supervision, Drug Intensive Supervision, Treatment Referrals, Restitution for Crime Victims, Court Report Services, Domestic Violence Program, Community Service Program, Reentry Planning/Services, and Family Preservation Program. PROGRAM REFERRALS: 107 Electronic Monitoring 48 Re-entry 32 Lifestyle management 20 Cognitive Journaling 13 Counseling and Psychotherapy Centers 13 GPS 12 Door to Hope 10 Alcoholic Anonymous 10 Narcotics Anonymous 10 Pathway . JUVENILE PROBATION The San Benito County Juvenile Hall is the only detention facility for youth. All attempts are made to prevent the juvenile’s removal from their home. The Probation Department provides community-based custody, care, and control of youth adjudicated for violations of offenses described in Penal and Welfare and Institutions Codes (WIC). The department must provide services to realigned youth ranging in age of 14 to 25-years to be diverted from being committed to the Department of Juvenile Justice (DJJ). When a higher level of care is needed, SBC must look to larger Fresno, Merced, Monterey, and Sonoma counties willing to host the youth at the level of need to be diverted from the DJJ. The department has been successful in using a least restrictive means approach by providing intensive services to prevent higher levels of care. In the six years between 2015-2021, sixty-eight youths were arrested for serious of violent offences pursuant to 707(b) pursuant to 707(b) of the Welfare and Institutions. Only one youth had been sent to the DJJ since 2010. The following programs and services are available: Juvenile Supervision and Intensive Supervision, Juvenile Placement Services, Treatment Referrals, Restitution for Crime Victims, Court Report Services, Juvenile Traffic Court, Court School Truancy Program, Community Service, Court Report Services Monthly average (FY 21-22) Juvenile Violation report Less than 1 per month (10 total) Dispo Hearing 2 per month (29 total) 6-12-18 Month Revie Less than 1 per month (2 total) Sealing of Records 2 per month (21 total) Notice of Hearing Less than 1 per month (8 total) Transfer In/Out Less than 1 per month (10 total) Detention Hearing 3 per month (34 total) CURRENT SUPERVISED JUVENILE CASES 17 Wardship 11 Juvenile Review Board 9 Informal Probation 8 Six-month Probation 6 Deferred Entry of Judgement 3 Informal Diversion 1 Juvenile Placement Services TREATMENT REFERRALS 10 Hollister Youth Alliance individual 8 Mental Health Counseling 8 Hollister Youth Alliance 7 Behavioral Health Substance abuse counseling 5 Parenting Project 5 Teen Recovery 5 Cognitive Journaling Group 4 Electronic Monitoring/ GPS 3 Children’s System of Care 1 Counseling and Psychotherapy Center 1 Tutoring 21 RESTITUTION FOR CRIME VICTIMS During the FY 21/22 restitution has not been collected from any minor who are currently supervised by the probation department. Currently, there are two minors who are actively supervised who have been ordered to pay restitution. JUVENILE TRAFFIC SCHOOL FY 21/22 - 35 COURT SCHOOL TRUANCY PROGRAM The San Benito County Probation Department works in collaboration with the court school to provide to a truancy program. Prior to the COVID pandemic, a probation officer was housed at the court school. This provided the probation officer to work collectively with school staff and to provide additional support when necessary. More importantly, it provided an opportunity for the officer to meet with the youth and provide direct services and guidance. During the school years 19/20 and 20/21, distance learning was implemented for all students in response to the COVID pandemic. Based on the distance learning format, the Court School Truancy Program was paused. The San Benito County Probation Department will begin working with the court school to reinstate the program. COMMUNITY SERVICE Juvenile Work Service Program referrals – 14 Youth are assessed utilizing the Positive Achievement Change Tool (PACT) to identify criminogenic needs, those that cause a level of reoffending. The categories in these behaviors include substance abuse; personality antisocial behavior, family employment/school; and criminal associates. Youths and their family can be referred to the San Benito County Behavioral Health Children’s System of Care (CSOC). Youth Alliance is an option for strength-based programming or parenting classes, and the Juvenile Work Service Program (JWSP). THE GANG TASK FORCE Prior to the implemented of the Gang Task Force around 20-years ago, there was no central data collection point. The Grand Jury listened to the public outcry to meet the safety needs of the community, and the force was created within the following year. The Probation Department was an active partner in the Gang Task Force with representatives from the Sheriff’s Department, Hollister Police Department, the Jail and Juvenile Hall. An especially talented director worked successfully to align schools and all law enforcement, however, when that person moved out of the area, the position was 22 never refilled. The task force shrunk due to funding issues. Gang influences are on the rise and most local law enforcement believe that it is critical to influence youth at an earlier age now more than ever. FINDINGS:AND RECOMMENDATIONS
R4:
A new home for the department should be prioritized to the growing population in need of Probation services. RESPONSE: The California Penal Code 933 © and 933.03 requires a response to the findings and recommendations made in this final report be delivered to the Presiding Judge of the Superior Court. The following affected agency shall respond to all relevant finding and recommendation within 90-days. Then affected agencies are: San Benito County Board of Supervisors 23 SAN BENITO COUNTY BEHAVIORAL HEALTH DEPARTMENT SUMMARY Hiring and retainment of staff is part of a larger long-suffering staffing issue that has plagued the SBC Behavioral and the Mental Health care systems. In review of the organizational chart, the San Benito County Civil Grand Jury found that the Behavioral Health system has seventy-five total positions available. Twenty-four positions are listed as vacancies, or a 34% vacancy rate combined in areas of management, clinical staff, case managers and the qualitative improvement sectors. One of the most essential departments in the county, and certainly where one of the largest county budgets is concerned, the County Behavioral Health or the Mental Health Department has not been reviewed by the San Benito County Civil Grand Jury since Fiscal Year 2014-2015. Since that report, a new Behavioral Health facility has been built. Jurors inspected the new and modern facility which is well-designed with ample space and executive offices for providing therapeutic Mental Health treatment to the community. METHODOLOGY Interviews were conducted with the following: • Administrative staff • Multi-level staff members, including case managers, clinicians, quality improvement personnel, administrators, and managers • Former staff of various levels Review of the following documentation: • Behavioral Health Human Resources Manual • Copies of all patient grievances for the years 2020 and 2021 • Copies of all employee complaints - years 2020 and 2021 • Department organizational chart • Board meeting minutes, dated Thursday October 21, 2021 • Hollister School District’s guide for the Social-Emotional Team offering new services for students. • San Benito County Behavioral Health MHSA FY 2020/2021- 2022/2023 • Three-Year Plan & Annual PEI and INN Evaluation Report • FY 2021-22 Medi-Cal Specialty Behavioral Health External • Quality Review • 2014-2015 San Benito County Civil Grand Jury Final Report 24 DISCUSSION MANAGEMENT and STAFFING In 2021-2022, the San Benito County Civil Grand Jury conducted numerous confidential interviews with current and former staff of various levels. Staff straightforwardly voiced their opinions that overall, the department could be restructured to improve the management and the operations. Factors that were verified by Clinical staff is they cannot not make their own client treatment appointments because the current policy requires the clerical staff to schedule their appointments. Other complaints from staff is the fact that they also are required to serve double-duty with providing treatment and serving on the crisis team, which causes interruptions with their client therapy sessions during a crisis. Employees also expressed issues with senior management with fear of reprisal. Some discussed the lack of ability to get tasks done due to multiple staffing demands and high management stress levels. Other concerns are the lengthy waiting periods to get an appointment scheduled for initial, and urgent services. It was also expressed that less qualified managerial personnel are not effective in their management positions and the organization has received multiple deficiencies requiring their placement by Department of Health Care Services (DHCS) to be put on a Corrective Action Plan (CAP) to monitor compliance. More issues were expressed owing to the lack of employee performance measures that can be utilized to bring poor employees up to speed in the performance of duties and responsibilities. Newly hired clinicians work at the department to earn the 3,000 hours required for certification, however, upon earning their credentials, they accept employment in other counties, school districts, or private practice. Behavioral Health staff also stated as a matter of interest in regard about the San Benito County benefits package. They identified the benefits as “inadequate” compared to surrounding counties. Furthermore, staff revealed that once an applicant’s interview is complete, and offers are made, applicants tend to disregard the offer when the benefit package is reviewed more closely by the applicant. There have been deep concerns with the lack of timeliness for applicants to get appointments for urgent BH services. Example: One person called on January 13, for an appointment and was told the earliest appointment was February 28, 2022. CLIENT GRIEVANCE LOG The Quality Improvement Report (Client Grievance Logs) provided: • 38-patient grievance logs that were evaluated • 30 of those complaints were resolved by the end of the next business day. • 9 of the complaints took slightly longer to resolve the issues. • Approximately 87% of the complaints were clients demanding a different doctor or clinician, and complainants demanding their medications ahead of time. STANDARDS and DOCUMENTATION Best Practices Theory was designed and developed as solutions to addiction and substance abuse for youth and adults by the California State Youth Treatment Guidelines and the Drug Medi-Cal Organized Delivery system. Substance Use Disorder (SUD) policies do not meet the standards of “Best Practices theory”. SUD policies have not been reviewed by the Medical Director for their effectiveness, or changes in state standard requirements since in 2016. Patient files are not in accordance with Drug Medical-Organized Delivery System (DMC- ODS) state mandates for beneficiaries enrolled in SUD services. Quality Assurance and/or performance measures were misfiled for maintenance and upkeep. Examples include missing signatures, or youth physicals documentation for the American Society of Addiction Medicine (ASAM) updates/revisions and 90-day treatment plans were not completed within the specified timeframe. Documentation appears marginal at times, and notes were inconsistent with state standards and did not capture the counselors attempt to ensure confidentiality. The location of both beneficiary and consent forms were not kept in the file on admission. This is a negative review that could potentially cost the county hefty financial sanctions if DMC-ODS should conduct a Medi-Cal payback audit as each deficiency listed causes the billable services thereafter to be disallowed. FINANCE Behavioral Health does not employ, or even require specialized training in finance, or advanced fiscal practices required to create and maintain a multi-million-dollar budget, causing unnecessary expenditures resulting in the return of block-grant money. High employee turnover rates within fiscal department leads creates inability to operate within multi-million-dollar budget, resulting in a reserve of over $12 million dollars, due to the lack of spending within department and community needs allocated per line items, forcing the return of money! 26 Behavioral Health has not met its obligation under the requirement of completing a 6- month “re-determination period of medical necessity” for patients to re-qualify for continued outpatient treatment services. Narcotic Treatment Services (NTP) services requires existing patients to remain within the annual reauthorization requirement time frame. In collaboration with the Medical Director, an annual review and/or revision of all SUD policies is advised by a team or committee until Behavioral Health acquires competent staff trained in SUD and/or addiction medicine. The Drug Medical-Organized Delivery System (DMC-ODS) compliance review of SBCBH for FY 2020-21 returned with multiple deficiencies requiring corrective actions, and new requirements per state guidelines, advisory recommendations, and referrals for technical assistance. Proof of SBCBH’s completed documentation and submission of a Correction Action Plan (CAP) has been verified, however compliance with goals and objectives has not been confirmed as completed. FINDINGS AN RECOMMENDATIONS
Findings & Recommendations
4 findings
F1:
The 13-year closure of the San Justo Reservoir for recreational purposes has frustrated numerous County agencies and supervisors.
F2:
Gang activity and homeless encampments are within the County/City areas along the San Benito River and vigilant law enforcement needs to increase. R 2: It is the Civil Grand Jury’s recommendation that the County and City increase their funding to the Hollister Police Department and SBC Sheriff’s Department to supply the resources required to address this damaging behavior.
F3:
The Civil Grand Jury finds that both the City of Hollister Wastewater Treatment Plant (HWWTP) and Sunnyslope Wastewater Treatment Plant (SWWTP) are NOT running at the design of their full capacity levels, thus neither is cost effective.
F4:
The SWWTP is operated by County/City/District employees, while the HWWTP is being operated by an independent, 3rd party company (VEOLIA water west operating services) and both operate under different permits from State Regulatory Agencies.
Additional Recommendations
4
Not linked to specific findings.
R1:
The San Benito County Civil Grand Jury recommends that the County Board of Supervisors should aggressively pursue Federal and State grant money to guarantee payment back to the Bureau of Reclamation needed to rid the reservoir of the invasive zebra mussel infestation. As SBC Congressional representation changes in Washington DC, the Board of Supervisors needs to determine the best course of action required to ensure an effective communication channel.
R2:
Relationship policies are due for an update of enforceable policy.
R3:
The Civil Grand Jury recommends that the Board of Supervisors accelerate a review of the current contract between the City of Hollister/VEOLIA and the Sunnyslope Water District to determine the cost effectiveness of having separate entities duplicating operations at the two facilities.
R4:
The Civil Grand Jury recommends that the Board of Supervisors accelerate a review of the current contract between the City of Hollister/VEOLIA and the Sunnyslope Water District to decide the cost effectiveness of having separate entities duplicating operations at the two facilities.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.