San Luis Obispo County Grand Jury
2016-2017
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 (11)
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Findings & Recommendations
7 findings
F1:
Juvenile Hall staff members demonstrate an impressive level of care and concern for the safety, security, well-being and rehabilitation of the youth under their care.
F2:
With its new expansion, Juvenile Hall has more space than it is likely to need.
F3:
It has been 10 years since the last Juvenile Hall needs analysis was prepared.
F4:
The treatment program’s repurposing of 15 beds is not expected to impact the County budget, but this depends on expected group home cost-savings or cuts in other budget areas to 15 The Grand Jury understands bed needs are not the same as average daily population and that the Hall needs to be able to handle days when the population is higher than average and provide for the flexibility to separate youth by gender, age, seriousness of offense, etc. However, average daily population is a standard statistic used and reported by counties as a measure of occupancy versus capacity. 2 016-2017 San Luis Obispo County Grand Jury Final Report 56 Juvenile Hall make the program cost-neutral. If the treatment program does not pay for itself, it adds to the expense of running a larger Juvenile Hall instead of staffing and using its infrastructure more cost- effectively.
F5:
The treatment program is operating without a written operational manual.
F6:
A dual-purpose facility creates a statistical reporting dilemma. Occupancy trends may be harder to discern depending on how data is reported. Data such as average daily population and average length of stay are used by researchers and members of the public interested in understanding juvenile justice trends. If the numbers from both the treatment unit and the detention units are aggregated in developing this data, trends will become more difficult to discern. If the numbers are separated out, transparency will increase but reporting the data will become more complicated.
F7:
Even assuming the treatment program increases the Juvenile Hall’s usage and cost- effectiveness, the larger Hall may still cost too much for the overall use it is likely to get. Additional repurposing could reduce overall operating costs.
Additional Recommendations
4
Not linked to specific findings.
R1:
The Board should commission a new needs analysis for completion no later than June 30, 2019, to help the County understand if 50 detention beds are too many and if the Juvenile Hall being too big adds unnecessarily to the County’s general fund expense. The last needs analysis was in 2007. While the Grand Jury believes it is time for a new needs analysis to be done, waiting until fiscal year 2018-19 to do so will give the County time to experience the effects of new legislation (AB 403 and Proposition 57) and the impact on Juvenile Hall usage. 2 016-2017 San Luis Obispo County Grand Jury Final Report 57 Juvenile Hall
R2:
The Board should request a report on program costs versus group home savings as part of its annual budget hearings, starting with the budget hearings for fiscal year 2017-18. If expected savings are not achieved, the Board should decide if cuts in other areas of the County’s budget are needed to allow this important program to continue. The benefits of a treatment program in the Juvenile Hall need to be weighed against the costs. Probation has suggested it would make cuts in other areas of its budget if expected group home cost savings are not realized. Probation’s desire to do what is in the best interest of County youth is important. Transparency in the program’s net impact to the County budget is important as well.
R3:
Probation should separately report statistical data for Juvenile Hall’s treatment population versus its detention population for improved transparency.
R4:
If the results of the needs analysis in R1 indicate a sustained underuse, the County should determine no later than June 30, 2020, whether the repurposing suggestions in this report or other alternative uses would benefit the community and improve Juvenile Hall’s cost effectiveness, would be feasible to implement, and would be consistent with the County’s lease agreement with the State. As an alternative to repurposing, a staffing pattern that flexes based on the number of youth occupants—that is, based on usage—would improve cost-effectiveness.
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Findings & Recommendations
10 findings
F1:
Available and affordable residential detox services are necessary for delivering comprehensive substance abuse treatment in San Luis Obispo County.
F2:
The opening of the Haven provides needed detox services for County residents who are privately insured or can afford the high costs. 2 016-2017 San Luis Obispo County Grand Jury Final Report 16 Residential Detox
F3:
There are no residential detox services available in the County for those with limited financial resources or insurance through Medi-Cal or Medicare.
F4:
The County Jail provides physical detox to newly admitted inmates but fails to provide the additional psychological and social treatments and supportive environment essential for the first phase of addiction treatment: detox-stabilization.
F5:
There are some arrestees currently booked in the County Jail who would be more effectively served by a diversion program, like Law Enforcement Assisted Diversion, and/or receiving treatment in a residential substance-abuse facility.
F6:
There is a lack of integration in how medical and drug/alcohol services are provided at the County Jail.
F7:
The use of medication-assisted approaches for detox and addiction treatment at the County Jail is limited while other jurisdictions have been able to provide such treatments.
F8:
Logistical and environmental challenges at the County Jail make delivery of drug and alcohol treatment services difficult and inefficient due to placement of inmates with substance use disorders.
F9:
With the opening of the women’s jail, there is unused space in the honor farm which presents an opportunity for alternative program development.
F10:
The homeless shelter has no clear plan as to how it will provide its long-anticipated detox beds/service. 2 016-2017 San Luis Obispo County Grand Jury Final Report 17 Residential Detox
Additional Recommendations
6
Not linked to specific findings.
R1:
The County Health Agency’s Drug and Alcohol Services should resume its concentrated efforts to develop a residential detox service in the County to serve its Medi-Cal and less financially able citizens.
R2:
The Board of Supervisors should direct the Sheriff and the Health Agency to evaluate the feasibility of and approach to repurposing vacated buildings within the County Jail’s honor farm as a residential detox service. A final report on the feasibility and if indicated the specific steps required to convert this housing to a substance-abuse residential and/or treatment facility should be completed by June 2018.
R3:
The County Health Agency’s Drug and Alcohol Services should expand its County Jail programs, including individual and group counseling, to cover inmates who go through withdrawal protocols regardless of AB 109 status.
R4:
The County Jail should revise inmate classification and cell assignment to take into account the inmate’s substance abuse treatment needs and interest in such when determining cell placement.
R5:
The County Jail should house inmates interested and/or involved in drug and alcohol services in such a way as to create groups of addiction-treatment participants (e.g., units or pods) that allow for efficient delivery of treatment services; this includes separation from other inmates who interfere or disrupt treatment participation.
R6:
The County Health Agency and Sheriff should integrate the functions of the jail’s medical and drug and alcohol service providers by locating their offices in close proximity and requiring coordinated care for inmates with substance use disorders. 2 016-2017 San Luis Obispo County Grand Jury Final Report 18
Findings & Recommendations
4 findings
F1:
Local agencies took the report issued by the 2014-2015 Grand Jury seriously and have made a positive impact by their responses to it.
Related Recommendations (1)
R1:
CCSD should resume a regular plan for fire hydrant testing as soon as possible and no later than the end of calendar year 2017.
F2:
CCSD's continued lack of a fire hydrant testing program represents an unnecessary risk.
Related Recommendations (1)
R2:
CCSD should amend their fire code to require the removal of dead trees from private property while exploring funding sources to help homeowners in need of financial assistance comply with that requirement
F3:
The CCSD is currently limited in its ability to force removal of dead trees from private property which adds unnecessarily to the fire risk.
Related Recommendations (1)
R3:
CCSD should request its staff to evaluate and recommend whether any of the following actions should be pursued and funded: Post evacuation route signs on primary evacuation routes. Identify key streets presenting fire truck access challenges and develop a no-parking strategy for those streets. Work with the Fire Safe Council to seek additional funding and permits to allow for removal of broom and other flammable brush along Highway 1 rights-of-way within the general area of Cambria. Cambria Fire Risk Develop a strategic fire plan for Cambria. Gain approval by the CCSD Board of . Directors, and implement the plan by the end of 2017. Renew efforts to ensure the reverse 911 plan is fully understood by Cambria residents . and that everyone who should be registered is registered.
F4:
Additional actions are warranted to further limit the critical fire danger and prepare for improved response to a critical fire.
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Findings & Recommendations
4 findings
F1:
Local agencies took the report issued by the 2014-2015 Grand Jury seriously and have made a positive impact by their responses to it.
F2:
CCSD’s continued lack of a fire hydrant testing program represents an unnecessary risk.
F3:
The CCSD is currently limited in its ability to force removal of dead trees from private property which adds unnecessarily to the fire risk.
F4:
Additional actions are warranted to further limit the critical fire danger and prepare for improved response to a critical fire. 2 016-2017 San Luis Obispo County Grand Jury Final Report 28 Cambria Fire Risk
Additional Recommendations
8
Not linked to specific findings.
R1:
CCSD should resume a regular plan for fire hydrant testing as soon as possible and no later than the end of calendar year 2017.
R2:
CCSD should amend their fire code to require the removal of dead trees from private property while exploring funding sources to help homeowners in need of financial assistance comply with that requirement
R3:
CCSD should request its staff to evaluate and recommend whether any of the following actions should be pursued and funded: Post evacuation route signs on primary evacuation routes. Identify key streets presenting fire truck access challenges and develop a no-parking strategy for those streets. Work with the Fire Safe Council to seek additional funding and permits to allow for removal of broom and other flammable brush along Highway 1 rights-of-way within the general area of Cambria. Develop a strategic fire plan for Cambria. Gain approval by the CCSD Board of Directors, and implement the plan by the end of 2017. Renew efforts to ensure the reverse 911 plan is fully understood by Cambria residents and that everyone who should be registered is registered.
R6:
The Board of Supervisors is required to respond to Recommendations R2 and R8. The San Luis Obispo City Council is required to respond to Recommendation R9. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court. Please provide a paper copy and an electronic version of all responses to the Grand Jury. Presiding Judge Grand Jury Presiding Judge Barry T. LaBarbera San Luis Obispo County Grand Jury Superior Court of California P.O. Box 4910 1035 Palm Street Room 355 San Luis Obispo, CA 93403 San Luis Obispo, CA 93408 2 016-2017 San Luis Obispo County Grand Jury Final Report 20 Residential Detox
R7:
The County Health Agency should pilot the usage of medication-assisted treatments, i.e., Buprenorphine and Naltrexone, with a select population of opioid and alcohol addicts at the County Jail.
R8:
The Board of Supervisors should evaluate the Law Enforcement Assisted Diversion program or a similar pre-booking substance abuse diversion for County implementation as a means of motivating and engaging young adult arrestees who are assessed to be primarily substance abusers and not criminally oriented. A written evaluation by the County Administrative Officer should be reviewed at a meeting of Board of Supervisors by June 2018.
R9:
The San Luis Obispo City Council should evaluate the Law Enforcement Assisted Diversion program or a similar pre-booking substance abuse diversion for City implementation as a means of motivating and engaging young adult arrestees who are assessed to be primarily substance abusers and not criminally oriented. A written evaluation by the City Manager should be reviewed at a meeting of the San Luis Obispo City Council, by June 2018.
R10:
The County Health Agency should direct its Drug and Alcohol Services to work with the board of the homeless shelter to develop a plan for operationalizing two detox beds in the yet-to- be-built Homeless Services Center, which could entail the DAS providing onsite outpatient detox services if other treatment options are not viable. This plan is to be developed prior to the opening of the center or by June 2018.
Findings & Recommendations
4 findings
F1:
Local agencies took the report issued by the 2014-2015 Grand Jury seriously and have made a positive impact by their responses to it.
Related Recommendations (1)
R1:
CCSD should resume a regular plan for fire hydrant testing as soon as possible and no later than the end of calendar year 2017.
F2:
CCSD’s continued lack of a fire hydrant testing program represents an unnecessary risk.
Related Recommendations (1)
R2:
CCSD should amend their fire code to require the removal of dead trees from private property while exploring funding sources to help homeowners in need of financial assistance comply with that requirement
F3:
The CCSD is currently limited in its ability to force removal of dead trees from private property which adds unnecessarily to the fire risk.
Related Recommendations (1)
R3:
CCSD should request its staff to evaluate and recommend whether any of the following actions should be pursued and funded: • Post evacuation route signs on primary evacuation routes. • Identify key streets presenting fire truck access challenges and develop a no-parking strategy for those streets. • Work with the Fire Safe Council to seek additional funding and permits to allow for removal of broom and other flammable brush along Highway 1 rights-of-way within the general area of Cambria. 7 • Develop a strategic fire plan for Cambria. Gain approval by the CCSD Board of Directors, and implement the plan by the end of 2017. • Renew efforts to ensure the reverse 911 plan is fully understood by Cambria residents and that everyone who should be registered is registered.
F4:
Additional actions are warranted to further limit the critical fire danger and prepare for improved response to a critical fire.
Additional Recommendations
5
Not linked to specific findings.
R1:
"The San Luis Obispo County District Attorney (DA) should coordinate the development of uniform written policies and procedures for local law enforcement agencies to make requests of the court for appropriate bail increases." The DA, San Luis Obispo County Sheriff (Sheriff) and chiefs of police for each of the seven cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Pismo Beach, Paso Robles and San Luis Obispo (Seven Cities) were required to respond. The DA partially agreed with this recommendation and is already providing guidance in this area. The Sheriff also partially agreed, and already has written policies and training in place. Most cities agreed, noting these policies and procedures are in place and well documented. A detailed table showing response by agency is found in Appendix A.
R2:
"The District Attorney should coordinate formal training programs for the local law enforcement agencies in the process of obtaining bail increases." The DA, Sheriff and Seven Cities were required to respond. The DA and Sheriff disagreed with this recommendation, both stating that the training of law enforcement professionals remains the responsibility of the local law enforcement agency. With the exception of Paso Robles which disagreed, the cities responded that the required training is already in place, with some cities noting that the DA has provided the templates and that it is up to their local management to make sure the proper training is in place.
R3:
"Local law enforcement agencies should work with the District Attorney in the development of the above policies and programs within the resources of their respective departments." The DA, Sheriff and Seven Cities were required to respond. 2016-2017 Continuity Report With the exception of the DA and Paso Robles, respondents said the proper policies are in place.
R4:
"Local law enforcement agencies should rely only on California state law when considering whether a bail increase is appropriate." The Sheriff and Seven Cities were required to respond. All responding agencies state they are currently following California law. Overall Assessment Overall, agencies' responses are in agreement with the report's recommendations, but it should be noted that the detailed responses make clear that the agencies felt they were already following such policies. None of the responses indicated any agency would be changing its policies or practices as a result of this report's recommendations. REPORT: MINOR USE PERMITS: AN OXYMORON? Acting on a citizen's complaint concerning the notification process used in the issuance of a Minor Use Permit (MUP), the previous Grand Jury looked at the Planning and Building Department's process for issuing MUPs. They issued five recommendations, requiring responses from the Planning and Building Department (Department), County Administrative Officer (CAO) and San Luis Obispo County Board of Supervisors (Board). The Department prepared responses to all recommendations, and the CAO and Board accepted their recommended responses as their own.
R5:
"The Department should increase public notification above what is required by the State of California as the MUP tier levels increase as follows: a. The fee tier level and estimated cost of the project should be on the mailer to allow the public to gauge the scope of the project. b. The distribution area of the mailer should be appropriately increased in accordance with the tier level. c. The type size of the newspaper notice should be increased in accordance with the tier level. d. On-site signage containing the project information should be reinstated. e. The applicant should be charged for all costs." The Board, CAO, and Department were required to respond. 2016-2017 Continuity Report The response from the Department and agreed to by the Board is that this recommendation will not be implemented "because it is not warranted and is not reasonable except for Recommendation 5e which has already been implemented." Overall Assessment Both the Department and Board disagreed directly with three of the four recommendations and acknowledged that it was doing only an aspect of the fourth. This Grand Jury believes that this report raised important concerns about the County's General Plan and would encourage future Grand Juries to consider reexamining this issue. FOLLOW-UP TO 2014-2015 GRAND JURY RECOMMENDATIONS The current Grand Jury reviewed the status of all responses from the 2015-2016 Grand Jury continuity report cycle in which the responding agency indicated that a previous recommendation was agreed to but not yet implemented. Based on its follow-up, the current Grand Jury determined that all agreed-to actions have been or are in the process of being carried out. Report 1: In a State of Emergency: Assessing Fire Risk in Cambria Follow up requested: The Cambria Community Services District (CCSD) was asked to confirm the status of a grant of $498,000 designated to Improve existing fuel breaks • • Expand the fuel break program Remove dead and dying trees • Remove other fire hazards such as ladder fuels and other flammable materials Response received: CCSD clarified that the money was awarded to the San Luis Obispo County Community Fire Safe Council. This organization submitted a detailed grant allocation document, indicating the funds were directed towards the items listed in the original response. Report 2: Making the Case for Efficiency: Maximizing Emergency Services in Cambria 2016-2017 Continuity Report Follow up requested: CCSD was asked to confirm that a multi-year plan to address fire management had been developed. Response received: CCSD noted that the development of a multi-year plan was dependent on a decision to contract with CAL FIRE for fire management or keep it under local jurisdiction. A one-year trial was initiated, with CAL FIRE taking the lead in fire management for Cambria. At the end of the trial period, it was decided that the trial had been very beneficial, but the community would retain its independent fire department and asked CAL FIRE to also operate a fire station in Cambria. Since that decision has been made, now the multi-year plan will be addressed. Follow up requested: CCSD and the Cambria Community Healthcare District (CCHD) should set in place funding approaches, including reserves, to update or replace fire and emergency equipment. Response received: CCSD has sought funding to update or replace equipment. It has recently purchased a new fire engine, putting it in compliance with the requirements of the National Fire Protection Association (NFPA) 1901Annex D, relating to vehicle and fleet replacement schedules. In addition, CCSD has hired three more full-time firefighters, putting it in line with NFPA 1901 standards. CCHD noted that a reserve/asset replacement policy is being developed which will identify the funding sources and amount of funds available for updating and replacing emergency equipment, including ambulances. Follow up requested: CCSD and CCHD should determine how best to utilize firefighters and emergency medical services personnel within a common management organization. Response received: CCSD replied that no joint agency has been formed because legal restrictions have not been resolved. CCHD replied that more study is required before proceeding with joining these organizations. Report: Morro Bay Municipal Code Enforcement: Band-Aid or Progress? 2016-2017 Continuity Report Follow-up requested: The City Manager was asked to confirm the acquisition and installation of a municipal code management software package to track all code violations and that city staff has been trained on the software. Response received: The City Manager confirmed that Morro Bay has purchased Cityworks, a software package designed to track code violations, and they have hired a consultant to implement the software suite. They have completed workflow processes for permitting, licensing and code enforcement, and the city hopes to have those operational in the months ahead. Code enforcement staff has been included in the workflow planning and is fully trained on the software process. Report: Working or Not: Challenges in Enforcing Coastal Vacation Rental Regulations Follow up requested: It was recommended that San Luis Obispo County, as a desirable tourist destination, develop a way to track short-term rentals and collect appropriate taxes. Response received: Initially, the Board disagreed with the recommendation, as it was deemed not reasonable or warranted. Subsequently on November 15, 2016 the Board has changed direction and is subscribing to a service that alerts counties to short-term rental activity. Report: We Are Waiting: Access to County-Provided Mental Health Services Follow up requested: The Grand Jury recommended hiring additional staff to reduce the wait time to see a mental health professional. The follow-up request asked if the agency has been successful in hiring the additional staff and reducing the wait time for intake and assessment. Response received: The agency responded that recruiting qualified individuals continued to be difficult. They are allocated 2.75 mental health nurse practitioner positions and only 1.25 are filled. They are allocated 6 mental health nurse positions and currently 4.5 of those are filled as of October 21, 2016. The wait time has been reduced for adult outpatient services by the addition of six licensed or waivered mental health therapists. The wait times for assessments in the mental health programs have dropped considerably over the past three years. Wait times for initial assessments are at or below the agency's benchmark of 14 days. The wait time for psychiatric assessment is below its benchmark of 30 days. In Youth Services, the average wait time is now less than 10 days. 2016-2017 Continuity Report Report: Energy Use, Time Lost, Results Missing Follow up requested: The CAO was asked to confirm that software to track energy use in county buildings had been purchased and that the appropriate staff had been trained in using the software. Response received: The CAO confirmed that EnergyWise software has been purchased and installed and that the staff has been trained. Report: California Men's Colony Inspection Report Follow up requested: Moldy bread was seen on a tour of the California Men's Colony (CMC). CMC was asked to correct the issue. Response received: CMC responded that it was addressing the issue of moldy bread with the supplier. CMC also reported it had detected mold in other parts of the kitchen. To remediate that issue, it is doing extensive repair work to remove and replace tainted areas.
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Findings & Recommendations
6 findings
F1:
The first public announcement of the cost and schedule of an approved project is an initial estimate, which is usually lower than the eventually approved budget for the project based on the building contract costs and similar factors. The Board of Supervisors adopted the 2016-17 CIP on February 21, 2017, without discussion of any of the issues or statements discussed here. 17
Related Recommendations (1)
R1:
Recognizing that many County residents and taxpayers are concerned about capital project development costs and delays, the County should keep the public abreast of the extent of its efforts to ensure financial rigor in the management/delivery of capital projects.
F2:
Major factors contributing to the increase in final cost/completion over original estimates include the passage of time between initial estimates and the execution of project contracts, changes in the cost of funds, late-discovered need for changes of design, unavailability of necessary materials, unexpected construction/labor problems, and changes in relevant regulations.
Related Recommendations (1)
R1:
Recognizing that many County residents and taxpayers are concerned about capital project development costs and delays, the County should keep the public abreast of the extent of its efforts to ensure financial rigor in the management/delivery of capital projects.
F3:
The reporting of final project completion sometimes includes statements that give rise to speculation that projects are not well managed.
Related Recommendations (2)
R1:
Recognizing that many County residents and taxpayers are concerned about capital project development costs and delays, the County should keep the public abreast of the extent of its efforts to ensure financial rigor in the management/delivery of capital projects.
R2:
Rather than simply stating at the time of completion that a project came in “on-time and within budget,” the County should provide more detailed information in a reader-friendly way, 18 with a goal of diffusing the erroneous perception that project cost-overruns are being “slipped past the voters.”
F4:
California law imposes detailed process requirements on all counties awarding building contracts for capital projects, with the clear intent of eliminating the possibility that anyone could allege bias, nepotism, or preferential treatment in the awarding of any public contract.
F5:
As the state authorizes it and as the County proposes to use it, the Design-Build project delivery method has generally proven in practice to expedite project completion and enable more cost-effective contracting with less financial and other risk to the owner.
F6:
While experts generally indicate that the Design-Build method can be useful for all types and sizes of projects, under California law there is a limit: If County policy permits, the County may use Design-Build for any vertical project with a price tag that will exceed one million dollars.
Related Recommendations (1)
R3:
The County should give itself the option to use Design-Build for any project valued above one million dollars (as opposed to the current five million dollar threshold.)
Findings & Recommendations
4 findings
F1:
The suicide rate over the past two years at CMC appears higher than expected based on available system-wide data on suicides.
F2:
Records of inmate worker 6-month hearing tests or other individual hearing tests were not easily accessible to the Grand Jury.
F3:
Audiometric Testing data received indicated that three inmate workers experienced a significant hearing loss.
F4:
The Grand Jury noted that the wearing of hearing protection devices by inmate workers was inconsistent, and the procedures which required the wearing of hearing protection may not have been uniformly implemented. REQUIRED RESPONSES While CMC as a state institution is not required by law to respond to findings and
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Findings & Recommendations
8 findings
F1:
Classification and housing issues which limit program access have been listed as challenges since AB 109 was passed. From October 1, 2016 to October 1, 2017, the number of offenders booked into the Jail was 7,351. Thirty-one percent were repeat offenders, with between 2 and 20 different bookings each. The top 10 repeat offenders averaged about 16 bookings each. Source: Sheriff’s Office.
Related Recommendations (1)
R1:
Jail administration should intensify efforts to make the investment and access the funding to provide behavior change programming across classification and housing boundaries, e.g., one-on-one services (or “virtual participation” using distance learning technology) where needed. The three million dollars in AB 109 reserves currently available is an obvious source. The Sheriff should develop a plan during fiscal year 2018-2019 to address this recommendation and request funds for this purpose from the Community Corrections Partnership as part of his budget for fiscal year 2019-2020.
F2:
Moving programming into housing units hasn’t worked very well. The mix of unsentenced and sentenced inmates within each housing unit, even though contrary to policy, is acknowledged as a reason.
Related Recommendations (1)
R2:
Jail administration should re-examine how to offer programs inside housing units which can be more effective, e.g., sentenced-only housing units, as some who spoke with the Grand Jury have suggested. Sheriff’s Office Custody Manual Policy 516 should be updated to reflect legal status (pre-trial vs. sentenced) is not used as a criterion for housing assignments if these two inmate statuses continue to be mixed.
F3:
Hampered by lack of data, attempts to measure program effectiveness have so far come up short. The Sheriff’s Office, San Luis Obispo County Probation Department, and San Luis Obispo County Health Agency have been working for years on an integrated database project, but the project is still unfinished.
Related Recommendations (1)
R3:
The Community Corrections Partnership should set an aggressive deadline (e.g., December 31, 2018) for completing the integrated database project described in its Public Safety Realignment Plan reports, so program effectiveness can finally be measured.
F4:
AB 109 funding bought some embroidery and engraving equipment and pays for two program managers, but does not appear to have been used for Jail programs. (The Grand Jury couldn’t be certain about this because the funding sources used, and the amounts providers are paid, lack transparency.)
Related Recommendations (1)
R4:
Jail administration should provide more programs with a proven track record, using available AB 109, inmate welfare, and grant funding where programs cost money. During fiscal year 2018-2019, the Sheriff should provide additional evidenced-based programming and re-evaluate programs with no clear link to reducing recidivism.
F5:
For programs various funding sources do pay for, there is no competitive bidding.
Related Recommendations (1)
R5:
Programs funded by the Sheriff’s Office should be awarded based on competitive bids. This should begin immediately.
F6:
$155,288 in annual AB 109 funding is being used to pay for a program manager position which oversees construction training for only a few honor farm inmate participants. (The Grand Jury understands the incumbent recently resigned; San Luis Obispo County’s current “hiring chill” may impact hiring a replacement.)
Related Recommendations (1)
R6:
The construction program manager position at the honor farm, funded by AB 109, should be leveraged to provide vocational education opportunities to a broader group of male and female inmates than is currently the case (if or when a replacement is hired to fill the position).
F7:
While the job description for all levels of Sheriff’s Correctional Deputy includes encouraging inmate participation in rehabilitative programs as a typical duty, the performance of this duty is not assessed in a correctional deputy’s performance evaluations.
Related Recommendations (1)
R7:
Correctional deputies should have a measure regarding encouraging inmate program participation as a component of their regular performance reviews.
F8:
Programs specifically targeting young adult (age 18–25) inmates have not been a focus.
Related Recommendations (1)
R8:
Rehabilitative programming should be developed and delivered which specifically targets young adult inmates, by replicating or adapting, for example, the evidence-based programs and interventions employed by the San Luis Obispo County Probation Department at the nearby San Luis Obispo County Juvenile Hall. Planning should occur during fiscal year 2018-2019, and programming specifically targeting this population should be put in place by July 1, 2019.
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Findings & Recommendations
7 findings
F1:
Juvenile Hall staff members demonstrate an impressive level of care and concern for the safety, security, well-being and rehabilitation of the youth under their care.
F2:
With its new expansion, Juvenile Hall has more space than it is likely to need.
F3:
It has been 10 years since the last Juvenile Hall needs analysis was prepared.
Related Recommendations (1)
R1:
The Board should commission a new needs analysis for completion no later than June 30, 2019, to help the County understand if 50 detention beds are too many and if the Juvenile Hall being too big adds unnecessarily to the County’s general fund expense. The last needs analysis was in 2007. While the Grand Jury believes it is time for a new needs analysis to be done, waiting until fiscal year 2018-19 to do so will give the County time to experience the effects of new legislation (AB 403 and Proposition 57) and the impact on Juvenile Hall usage.
F4:
The treatment program’s repurposing of 15 beds is not expected to impact the County budget, but this depends on expected group home cost-savings or cuts in other budget areas to make the program cost-neutral. If the treatment program does not pay for itself, it adds to the expense of running a larger Juvenile Hall instead of staffing and using its infrastructure more cost-effectively.
Related Recommendations (1)
R2:
The Board should request a report on program costs versus group home savings as part of its annual budget hearings, starting with the budget hearings for fiscal year 2017-18. If expected savings are not achieved, the Board should decide if cuts in other areas of the County’s budget are needed to allow this important program to continue. The benefits of a treatment program in the Juvenile Hall need to be weighed against the costs. Probation has suggested it would make cuts in other areas of its budget if expected group home cost savings are not realized. Probation’s desire to do what is in the best interest of County youth is important. Transparency in the program’s net impact to the County budget is important as well.
F5:
The treatment program is operating without a written operational manual.
F6:
A dual-purpose facility creates a statistical reporting dilemma. Occupancy trends may be harder to discern depending on how data is reported. Data such as average daily population and average length of stay are used by researchers and members of the public interested in understanding juvenile justice trends. If the numbers from both the treatment unit and the detention units are aggregated in developing this data, trends will become more difficult to discern. If the numbers are separated out, transparency will increase but reporting the data will become more complicated. 13
Related Recommendations (1)
R3:
Probation should separately report statistical data for Juvenile Hall’s treatment population versus its detention population for improved transparency. 14
F7:
Even assuming the treatment program increases the Juvenile Hall’s usage and cost- effectiveness, the larger Hall may still cost too much for the overall use it is likely to get. Additional repurposing could reduce overall operating costs.
Related Recommendations (2)
R1:
The Board should commission a new needs analysis for completion no later than June 30, 2019, to help the County understand if 50 detention beds are too many and if the Juvenile Hall being too big adds unnecessarily to the County’s general fund expense. The last needs analysis was in 2007. While the Grand Jury believes it is time for a new needs analysis to be done, waiting until fiscal year 2018-19 to do so will give the County time to experience the effects of new legislation (AB 403 and Proposition 57) and the impact on Juvenile Hall usage.
R4:
If the results of the needs analysis in R1 indicate a sustained underuse, the County should determine no later than June 30, 2020, whether the repurposing suggestions in this report or other alternative uses would benefit the community and improve Juvenile Hall’s cost effectiveness, would be feasible to implement, and would be consistent with the County’s lease agreement with the State. As an alternative to repurposing, a staffing pattern that flexes based on the number of youth occupants—that is, based on usage—would improve cost-effectiveness.
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Findings & Recommendations
4 findings
F1:
The suicide rate over the past two years at CMC appears higher than expected based on available system-wide data on suicides.
F2:
Records of inmate worker 6-month hearing tests or other individual hearing tests were not easily accessible to the Grand Jury. 2 016-2017 San Luis Obispo County Grand Jury Final Report 94 Inspecting California Men’s Colony
F3:
Audiometric Testing data received indicated that three inmate workers experienced a significant hearing loss.
F4:
The Grand Jury noted that the wearing of hearing protection devices by inmate workers was inconsistent, and the procedures which required the wearing of hearing protection may not have been uniformly implemented. REQUIRED RESPONSES While CMC as a state institution is not required by law to respond to findings and
Additional Recommendations
5
Not linked to specific findings.
R1:
“The San Luis Obispo County District Attorney (DA) should coordinate the development of uniform written policies and procedures for local law enforcement agencies to make requests of the court for appropriate bail increases.” The DA, San Luis Obispo County Sheriff (Sheriff) and chiefs of police for each of the seven cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Pismo Beach, Paso Robles and San Luis Obispo (Seven Cities) were required to respond. The DA partially agreed with this recommendation and is already providing guidance in this area. The Sheriff also partially agreed, and already has written policies and training in place. Most cities agreed, noting these policies and procedures are in place and well documented. A detailed table showing response by agency is found in Appendix A.
R2:
“The District Attorney should coordinate formal training programs for the local law enforcement agencies in the process of obtaining bail increases.” The DA, Sheriff and Seven Cities were required to respond. The DA and Sheriff disagreed with this recommendation, both stating that the training of law enforcement professionals remains the responsibility of the local law enforcement agency. With the exception of Paso Robles which disagreed, the cities responded that the required training is already in place, with some cities noting that the DA has provided the templates and that it is up to their local management to make sure the proper training is in place.
R3:
“Local law enforcement agencies should work with the District Attorney in the development of the above policies and programs within the resources of their respective departments.” The DA, Sheriff and Seven Cities were required to respond. 2 016-2017 San Luis Obispo County Grand Jury Final Report 99 Continuity Report With the exception of the DA and Paso Robles, respondents said the proper policies are in place.
R4:
“Local law enforcement agencies should rely only on California state law when considering whether a bail increase is appropriate.” The Sheriff and Seven Cities were required to respond. All responding agencies state they are currently following California law. Overall Assessment Overall, agencies’ responses are in agreement with the report’s recommendations, but it should be noted that the detailed responses make clear that the agencies felt they were already following such policies. None of the responses indicated any agency would be changing its policies or practices as a result of this report’s recommendations. REPORT: MINOR USE PERMITS: AN OXYMORON? Acting on a citizen’s complaint concerning the notification process used in the issuance of a Minor Use Permit (MUP), the previous Grand Jury looked at the Planning and Building Department’s process for issuing MUPs. They issued five recommendations, requiring responses from the Planning and Building Department (Department), County Administrative Officer (CAO) and San Luis Obispo County Board of Supervisors (Board). The Department prepared responses to all recommendations, and the CAO and Board accepted their recommended responses as their own.
R5:
“The Department should increase public notification above what is required by the State of California as the MUP tier levels increase as follows: a. The fee tier level and estimated cost of the project should be on the mailer to allow the public to gauge the scope of the project. b. The distribution area of the mailer should be appropriately increased in accordance with the tier level. c. The type size of the newspaper notice should be increased in accordance with the tier level. d. On-site signage containing the project information should be reinstated. e. The applicant should be charged for all costs.” The Board, CAO, and Department were required to respond. The response from the Department and agreed to by the Board is that this recommendation will not be implemented “because it is not warranted and is not reasonable except for Recommendation 5e which has already been implemented.” Overall Assessment Both the Department and Board disagreed directly with three of the four recommendations and acknowledged that it was doing only an aspect of the fourth. This Grand Jury believes that this 2 016-2017 San Luis Obispo County Grand Jury Final Report 102 Continuity Report report raised important concerns about the County’s General Plan and would encourage future Grand Juries to consider reexamining this issue. FOLLOW-UP TO 2014-2015 GRAND JURY RECOMMENDATIONS The current Grand Jury reviewed the status of all responses from the 2015-2016 Grand Jury continuity report cycle in which the responding agency indicated that a previous recommendation was agreed to but not yet implemented. Based on its follow-up, the current Grand Jury determined that all agreed-to actions have been or are in the process of being carried out. Report 1: In a State of Emergency: Assessing Fire Risk in Cambria Follow up requested: The Cambria Community Services District (CCSD) was asked to confirm the status of a grant of $498,000 designated to Improve existing fuel breaks Expand the fuel break program Remove dead and dying trees Remove other fire hazards such as ladder fuels and other flammable materials Response received: CCSD clarified that the money was awarded to the San Luis Obispo County Community Fire Safe Council. This organization submitted a detailed grant allocation document, indicating the funds were directed towards the items listed in the original response. Report 2: Making the Case for Efficiency: Maximizing Emergency Services in Cambria Follow up requested: CCSD was asked to confirm that a multi-year plan to address fire management had been developed. Response received: CCSD noted that the development of a multi-year plan was dependent on a decision to contract with CAL FIRE for fire management or keep it under local jurisdiction. A one- year trial was initiated, with CAL FIRE taking the lead in fire management for Cambria. At the end of the trial period, it was decided that the trial had been very beneficial, but the community 2 016-2017 San Luis Obispo County Grand Jury Final Report 103 Continuity Report would retain its independent fire department and asked CAL FIRE to also operate a fire station in Cambria. Since that decision has been made, now the multi-year plan will be addressed. Follow up requested: CCSD and the Cambria Community Healthcare District (CCHD) should set in place funding approaches, including reserves, to update or replace fire and emergency equipment. Response received: CCSD has sought funding to update or replace equipment. It has recently purchased a new fire engine, putting it in compliance with the requirements of the National Fire Protection Association (NFPA) 1901Annex D, relating to vehicle and fleet replacement schedules. In addition, CCSD has hired three more full-time firefighters, putting it in line with NFPA 1901 standards. CCHD noted that a reserve/asset replacement policy is being developed which will identify the funding sources and amount of funds available for updating and replacing emergency equipment, including ambulances. Follow up requested: CCSD and CCHD should determine how best to utilize firefighters and emergency medical services personnel within a common management organization. Response received: CCSD replied that no joint agency has been formed because legal restrictions have not been resolved. CCHD replied that more study is required before proceeding with joining these organizations. Report: Morro Bay Municipal Code Enforcement: Band-Aid or Progress? Follow-up requested: The City Manager was asked to confirm the acquisition and installation of a municipal code management software package to track all code violations and that city staff has been trained on the software. Response received: The City Manager confirmed that Morro Bay has purchased Cityworks, a software package designed to track code violations, and they have hired a consultant to implement the software suite. They have completed workflow processes for permitting, licensing and code 2 016-2017 San Luis Obispo County Grand Jury Final Report 104 Continuity Report enforcement, and the city hopes to have those operational in the months ahead. Code enforcement staff has been included in the workflow planning and is fully trained on the software process. Report: Working or Not: Challenges in Enforcing Coastal Vacation Rental Regulations Follow up requested: It was recommended that San Luis Obispo County, as a desirable tourist destination, develop a way to track short-term rentals and collect appropriate taxes. Response received: Initially, the Board disagreed with the recommendation, as it was deemed not reasonable or warranted. Subsequently on November 15, 2016 the Board has changed direction and is subscribing to a service that alerts counties to short-term rental activity. Report: We Are Waiting: Access to County-Provided Mental Health Services Follow up requested: The Grand Jury recommended hiring additional staff to reduce the wait time to see a mental health professional. The follow-up request asked if the agency has been successful in hiring the additional staff and reducing the wait time for intake and assessment. Response received: The agency responded that recruiting qualified individuals continued to be difficult. They are allocated 2.75 mental health nurse practitioner positions and only 1.25 are filled. They are allocated 6 mental health nurse positions and currently 4.5 of those are filled as of October 21, 2016. The wait time has been reduced for adult outpatient services by the addition of six licensed or waivered mental health therapists. The wait times for assessments in the mental health programs have dropped considerably over the past three years. Wait times for initial assessments are at or below the agency’s benchmark of 14 days. The wait time for psychiatric assessment is below its benchmark of 30 days. In Youth Services, the average wait time is now less than 10 days. Report: Energy Use, Time Lost, Results Missing Follow up requested: The CAO was asked to confirm that software to track energy use in county buildings had been purchased and that the appropriate staff had been trained in using the software. Response received: The CAO confirmed that EnergyWise software has been purchased and installed and that the staff has been trained. 2 016-2017 San Luis Obispo County Grand Jury Final Report 105 Continuity Report Report: California Men’s Colony Inspection Report Follow up requested: Moldy bread was seen on a tour of the California Men’s Colony (CMC). CMC was asked to correct the issue. Response received: CMC responded that it was addressing the issue of moldy bread with the supplier. CMC also reported it had detected mold in other parts of the kitchen. To remediate that issue, it is doing extensive repair work to remove and replace tainted areas.
* 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.