San Luis Obispo County Grand Jury
2018-2019
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 (9)
Findings & Recommendations
5 findings
F1:
All urban areas (city jurisdictions) have weed abatement ordinances that are comparable.
Related Recommendations (1)
R1:
A study should be done to determine the adequacy of state regulations throughout county jurisdictions and determine ways to properly supplement them. This should be accomplished by the end of the 2019-2020 fiscal year.
F2:
San Luis Obispo County has no weed abatement ordinance, which was also a finding in a report written by Cal Fire and presented to the Board of Supervisors (BoS) in April of 2017. We were unable to find any response to this report by the BoS.
Related Recommendations (1)
R2:
As recommended in the previously cited 2017 Cal Fire report, the BoS should implement a county-wide weed abatement ordinance, which should also include agricultural properties. This should be accomplished by the end of the 2020-2021 fiscal year.
F3:
Information about evacuation plans is not readily available to the general public. This could present confusion and difficulty for residents, many of whom have limited evacuation routes.
Related Recommendations (1)
R3:
The County should develop a weed abatement ordinance that is consistent with the cities’ regulations.
F4:
The reverse 911 system is under-utilized by county residents. Registering for this system can be accomplished via the county Office of Emergency Services (OES) or Sheriff’s department websites. There is no telephone number available to accomplish this registration. Public Service Announcements alone are not reaching enough people.
Related Recommendations (1)
R4:
The County and all city fire jurisdictions should offer a chipping program similar to Atascadero. Funds may be available through the Fire Safe Program. A plan for this should be accomplished by the end of the 2019-2020 fiscal year.
F5:
The Diablo Canyon early warning siren system is currently funded by PG&E and is now used solely for Diablo Canyon incidents. If the County plans to maintain this system, there could be a funding problem when Diablo Canyon closes.
Related Recommendations (1)
R5:
The County should work with the cities in a concerted effort to educate the public on detailed and coordinated evacuation plans. Various ways to disseminate this information may include all types of county or city mail communications. Public Service Announcements, websites, and other forms of communication are also informative.
Additional Recommendations
3
Not linked to specific findings.
R6:
Plans should be implemented to incorporate the PG&E siren warning system to be used as an evacuation warning system for any and all emergencies where evacuation is warranted.
R7:
Cities should investigate installing additional warning systems where there are no existing sirens. A draft plan should be finalized by the end of fiscal year 2019-2020.
R8:
The Sheriff’s Office should provide Reverse 911 registration information to county and city agencies for dissemination via bills or other routine mail communication. This information should include a procedure for registering by phone.
Findings & Recommendations
4 findings
F2:
The PHF facility is woefully inadequate for a psychiatric hospital. Health Agency response: “The respondent disagrees partially with the finding. The Psychiatric Facility has consistently passed all licensing reviews for both condition and safety.”
F3:
There is not enough room for the programs and therapies required towards a goal of recovery; a separate and dedicated area is lacking for both treatment rooms and physical exercise. Health Agency response: “The respondent partially disagrees with this finding. The Psychiatric Facility has consistently passed all licensing reviews for both condition and safety.”
F5:
In the event of an emergency requiring evacuation during the night or evening, the required staffing is insufficient for the safety of the patients, staff, and community. In an area-wide emergency, law enforcement may not be able to respond. Health Agency response: “The respondent disagrees with this finding. The Psychiatric Facility has consistently passed all licensing reviews for both condition and safety.” The Grand Jury considers that staff and patient safety are a concern during the night shift. Law enforcement response to an emergency may not be timely and minimal staff are available to manage patients during an emergency. The Health Agency partially implemented:
F7:
The outdoor area is inadequate for the number of patients served and doesn’t provide space for exercise. Health Agency response: “The respondent partially disagrees with this finding. The Psychiatric Facility has consistently passed all licensing reviews for both condition and safety.” 2 018-2019 San Luis Obispo County Grand Jury Final Report 4 CONTINUITY REPORT The Grand Jury recognizes the PHF meets licensing requirements but suggests that an expansion of space could provide a more therapeutic environment for patients and staff. The responses do not address the issues raised by the Grand Jury. The Health Agency disagreed with:
Additional Recommendations
10
Not linked to specific findings.
R1:
Even though the PHF second and third shifts meet minimum State standards, staffing levels should be increased for staff, patient, and community safety reasons. Health Agency response: “This recommendation has been partially implemented through the addition of permanent resources to the PHF in each of the past 5 years. The Department will continue to evaluate staffing needs at the PHF.”
R2:
The San Luis Obispo County Jail should have its own dedicated psychiatric hospital facility, serving only inmates. This would limit the number of inmates admitted as patients in the PHF. When inmates are admitted to the new PHF, a correctional deputy should be assigned. 2 018-2019 San Luis Obispo County Grand Jury Final Report 5 CONTINUITY REPORT Health Agency response: “The recommendation has been partially implemented. The Sheriff’s Office is in the process of establishing a behavioral health unit at the jail for inmates.” Board of Supervisors response: “The Sheriff’s office is in the process of establishing a behavioral health unit at the jail for inmates that will provide intensive day treatment services. The facility is anticipated to open in FY 2018-19. Additionally, through a Request for Proposal (RFP) process for jail healthcare services, the County included an option for proposals to estimate the cost of staffing and operating a psychiatric health facility at the jail.” 2018-2019 Grand Jury notes that the new behavioral health unit will open May 1, 2019. Future Grand Juries should review how the opening of the new behavioral health unit at the jail impacts the PHF. The Health Agency will not implement:
R3:
The County should find or build a new psychiatric hospital facility, with sufficient room for patient treatment and recovery. Funding could come from reserves sources (County and/or MHSA [Mental Health Services Act]) or pursuing a state grant. Health Agency response: “Recommendation will not be implemented at this time as it is not feasible. If new grants, state, or federal funds become available this option will be evaluated.” Board of Supervisors response: “This recommendation will not be implemented at this time as it is not feasible. If new funding becomes available or current funding can be redirected, this option will be evaluated. The County is committed to maintaining and improving the existing Psychiatric Health facility (PHF).”
R4:
Combine drug and alcohol treatment with mental health treatment, having all clinicians cross-trained to manage dual-diagnosis patients. Health Agency response: “This recommendation will not be implemented because it is not warranted. The County’s contracts with the State Department of Health Care Services are very prescriptive for the provision, documentation, and billing for mental health and substance use disorder services. Professional certification and licensure for addiction treatment and for mental health treatment are also specialized and require concentration in specific areas of practice. Clients served within behavioral health may present with needs for co-occurring treatment. Other clients may not be impacted by either substance use disorder or serious mental illness and would not require co-occurring treatment. However, the respondent has increased the number of staff who have training in both mental health and substance use disorder treatment and offers trainings in both specialties to all treatment staff, including contract agency staff.” The Grand Jury notes that although the Health Agency rejected the recommendation, they stated they have increased the number of staff who have training in both mental health and substance use 2 018-2019 San Luis Obispo County Grand Jury Final Report 9 CONTINUITY REPORT disorder services and they offer training in both specialties to all treatment staff. We commend them for this proactive approach.
R5:
Reorganize the agency to concentrate on the complete behavioral health treatment process. Health Agency: “This recommendation will not be implemented because it is not reasonable. The organization of the agency is not a factor on the ability to provide appropriate treatment services. As reflected in Recommendation 4, the County is obligated to provide specific treatment services based on diagnosis and functional needs to clients through highly regulated and monitored processes.” Board of Supervisors response: “This recommendation will not be implemented because it is not reasonable. The County is obligated to provide specific treatment services based on diagnosis and functional needs to clients through highly regulated and monitored processes.”
R6:
The facility should annex additional area from the adjacent County facilities, adding the treatment and therapy environments to improve effectiveness and safety. 2 018-2019 San Luis Obispo County Grand Jury Final Report 6 CONTINUITY REPORT Health Agency response: “The recommendation will not be implemented, as it is not feasible. If new grants, State, or Federal funds become available this option will be evaluated.” The Grand Jury recognizes the difficulty inherent in obtaining funding, but appreciates the county’s commitment to maintaining and improving the existing facility. REPORT 2: “A Look at County Behavioral Health Services: A Time for Improvement is Now” Link to full report: https://drive.google.com/file/d/1F9Reoi_eBj1ebT1dI34xKNH6lgAA2mOF/view This report examined the San Luis Obispo County Behavioral Health Department. The 2017-2018 Grand Jury investigated the services provided through Behavioral Health by interviewing a wide spectrum of employees, private mental health professionals, and representatives from local non- profit agencies with behavioral health ties. Through these interviews, document review, and facility inspections, the Grand Jury discovered that the County provides programs and services to Medi-Cal beneficiaries among the population of over 5,000 residents with severe mental illness. Twelve findings and seven recommendations were made. The County of San Luis Obispo Health Agency was required to respond to nine findings and seven recommendations. They agreed with six findings and partially agreed with three findings; two recommendations have been implemented and five recommendations will not be implemented. Link to Health Agency response: https://drive.google.com/file/d/1kSM6q2AsX4ipt_gY7qlOEJoJvf-XVIN9/view The San Luis Obispo Board of Supervisors was required to respond to two findings and five recommendations. They agreed with one finding and partially disagreed with one finding; one recommendation will be implemented and four will not be implemented. Link to BoS response: https://drive.google.com/file/d/1_ousUr9hmB3ks3ZgDS63rKDrSBJx9rHr/view 2 018-2019 San Luis Obispo County Grand Jury Final Report 7 CONTINUITY REPORT
R7:
The Sheriff should construct a psychiatric hospital on the jail campus or elsewhere within the County. 2 018-2019 San Luis Obispo County Grand Jury Final Report 15 CONTINUITY REPORT Sheriff’s response: “This recommendation has not been implemented, but will be implemented in the future.” The Behavioral Health Unit will “encompass the previous medical/behavioral health facility (Stahl Hall) and the Modular buildings.” The newly remodeled Behavioral Health Unit was funded by community members and partners, as well as the County General Fund. “The Behavioral Health Unit is designed to improve on-going services and has the ability to house a Jail Based Competency Treatment (JBCT) program contracted with the State. The JBCT program will provide on site treatment for 1370 felony inmates so they will not have to wait or be transported to a State Hospital bed. The facility can also be used to assist 1370 Misdemeanor inmates, which will help with crowding issues at the County Psychiatric Health Facility (PHF). The facility is not compatible with, designed for, or properly licensed under the Lanterman-Petris-Short Act (LPS) to house or treat subjects being detained for Welfare and Institutions Code 5150. Subjects detained for W&I 5150 are considered detained and not arrested.” Board of Supervisors adopted the response of the Sheriff. The Grand Jury requested follow-up on this matter and in March 2019 an additional response was received: The Behavioral Health Unit is due to open March 29, 2019. Staff will begin using the new unit to treat mentally ill inmates beginning May 1, 2019. They will utilize “part of the Kansas Facility to house JBCT eligible inmates. Minor improvements will be made to accommodate these inmates.” No date has been set for the opening of the JBCT.
R8:
The Sheriff should increase the staffing for the jail mental health workers to reduce the wait time for appointments from five days to one day or less. Sheriff's response: “This recommendation has not yet been implemented, but will be implemented in the future. The County has a Request for Proposal (RFP) for jail medical and behavioral health services. …The proposal will address proper staffing levels that meet National Accreditation Standards.” 2 018-2019 San Luis Obispo County Grand Jury Final Report 16 CONTINUITY REPORT The Grand Jury notes that the jail has contracted with Wellpath for medical, behavioral, and dental services, which will be overseen by the jail’s Chief Medical Officer. The 2019-2020 Grand Jury should follow-up to determine whether wait times have been reduced. The following recommendation will not be implemented at this time:
R9:
The Sheriff should increase the staff in excess of the nine positions currently unfilled. Sheriff's response: “This recommendation will not be implemented at this time. Currently all Custody Deputy positions have been filled with someone either hired and in training, or involved in the final stages of the hiring process. More Custody Deputy positions would be welcomed when the County Budget has the ability to fund more positions.” Board of Supervisors response: “This recommendation will not be implemented because it is not warranted at this time.” The Board approved the addition of a Backgrounds Investigation Officer, to decrease the time to recruit officers. If more resources are warranted after full staffing is achieved, the Sheriff would need to submit a request. The following recommendation requires further analysis:
R10:
The County should procure and install a back-up generator (fixed or portable) on site to provide back-up power in case of an outage. Sheriff's response: “This recommendation will not be implemented at this time. The County has several portable generators on trailers that can be utilized should the Coroner’s Office lose power. A generator on site not only requires the outlay of initial cost, but preventive maintenance and 2 018-2019 San Luis Obispo County Grand Jury Final Report 18 CONTINUITY REPORT testing to ensure the generator will work when needed. The current Sheriff and County generators already have maintenance in place and are available if needed. Adding another generator at this time is not currently budgeted but will be considered in the future when the County has the appropriate funds.” The Grand Jury acknowledges that much has been done in the past years to address problems in San Luis Obispo County Detention Facilities, including a major project to expand the women’s jail, medical unit and deferred maintenance at the jail complex. As this project draws to a close, and our incarcerated population changes, we need to remain vigilant as to future needs. REPORT 4: “Safeguarding the Public’s Health” Link to full report: https://drive.google.com/file/d/1AIEbj40RynSn69fQdZQtKf-ZnF8c29-4/view This report examined the policies and procedures of the Environmental Health Division of the San Luis Obispo County Health Agency in regards to their handling of complaints. The authority of the Environmental Health Division to regulate extends to several activities such as restaurant and food service inspections, petroleum product storage, beach water quality testing, and inspections of public swimming pools, spas, and hot tubs. In addition to their inspections and testing, the Environmental Health Division also conducts public education programs and collaborative mitigations. In its recommendations, the 2017-2018 Grand Jury addressed the risk of Legionnaire’s disease, the risk of a possible Hepatitis A outbreak, and mosquito abatement programs within the County. Six findings (one of which did not require a response) and six recommendations were made. The San Luis Obispo County Public Health Department was required to respond to five findings and six recommendations, all of which were received in a timely manner. They agreed with four of those findings and partially disagreed with one finding; two recommendations have been partially implemented and four will not be implemented. Link to Health Department response: https://drive.google.com/file/d/1MdMY3OpbKejGawojOx9dNxH4JLk4VhKu/view 2 018-2019 San Luis Obispo County Grand Jury Final Report 19 CONTINUITY REPORT The San Luis Obispo County Board of Supervisors was required to respond to two recommendations. They were in agreement with the responses provided by the Department of Public Health. Link to BoS response: https://drive.google.com/file/d/1FyHWJMbtSLU3A9BH0hi-Odf1MgplRG6J/view
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Findings & Recommendations
11 findings
F1:
The unaffordable costs of renting and buying homes on the Central Coast is of crisis proportions for those defined in the extremely low, very low, and low- income categories.
F2:
The lack of “affordable housing” for the three lower categories presents a long- term threat to the economic vitality and social fabric of the county.
F3:
The range of terms being used in the “affordable housing” debate creates confusion and perhaps misdirection for renters, home buyers and builders.
F4:
The supply of rental units available to lower income families is insufficient.
F5:
The jobs/housing imbalance places a burden on the transportation infrastructure and is costly for those who can least afford it.
F6:
Most of the required annual housing element updates are difficult to access by the public.
Related Recommendations (2)
R2:
Create, file, and publish the required housing element documents and reports on time and in a form easily accessible to the public. This should be done by the next report cycle.
R6:
The cities and County should detail their specific plans to engage the public in the formulation of the 2020-2028 Housing Plan Update.
F7:
The length and cost of the building permitting process is a major barrier to the construction of all housing, especially low income housing.
Related Recommendations (1)
R1:
Reassess and improve processes to fast-track building and planning permit approvals within 12 months from date of application. This should be implemented within FY 2019-2020.
F8:
The overwhelming majority of new housing units in the Housing Element cycle (2014-2019) have been built for families earning in excess of $89,850 per year for a family of three.
Related Recommendations (1)
R4:
The cities and County should concentrate on promoting rentals for families earning below moderate incomes by increasing the percentage of required inclusionary housing units.
F9:
All cities and the County have “affordable housing” funds which collect and hold the in-lieu fees, but the fees are not achieving the desired outcome.
Related Recommendations (1)
R3:
Either increase in-lieu fees to realistically support the construction cost of inclusionary housing units or eliminate the fees altogether and require low-income housing construction. This should be accomplished within FY 2019-2020.
F10:
All cities and the County have the ability to maximize their “affordable housing” funds by partnering with non-profit builders.
F11:
Housing that costs less, such as tiny homes, pre-fabricated, modular, and manufactured homes, are underutilized in this county.
Related Recommendations (1)
R5:
Increase the opportunities through re-zoning for non-traditional housing options, such as modular homes, pre-fabricated homes, and mobile home parks. This should be accomplished within FY 2020-2021.
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Findings & Recommendations
14 findings
F1:
CMC offers extensive rehabilitation opportunities for inmates. San Luis Obispo County Jail
F2:
The SLO County Jail has undergone and continues to undergo expansion to the physical facilities since the passage of AB 109.
F3:
The SLO County Jail has instituted new educational programs since the passage of AB 109.
F4:
General and Mental Health facilities and programs have undergone expansion over the last several years.
F5:
Medical, mental, and dental services have been outsourced to Wellpath, an independent contractor.
F6:
Procedures for dealing with acute mentally ill inmates have been revised since in-custody deaths.
F7:
Gang activity is increasing in the county jail. Juvenile Hall
F8:
The excess space in Juvenile Hall is not utilized to its full potential. San Luis Obispo County Coroner’s facility
F9:
Detectives assigned to the Coroner’s Office have high caseloads.
F10:
Detectives are performing clean-up duties after autopsies as well as working their caseloads.
F11:
The Coroner's Office does not have a facility expansion plan. San Luis Obispo County Crime Lab facility
F12:
City law enforcement agencies do not receive the same training as Sheriff’s deputies in handling DNA evidence. Psychiatric Health Facility
F13:
The PHF has made minor upgrades to its small, antiquated facility.
F14:
According to the Sheriff’s office, placing a deputy at the PHF is not an option because of existing county policies and procedures.
Additional Recommendations
10
Not linked to specific findings.
R1:
Monitor and report clinical outcomes from medical treatment provided by Wellpath.
R2:
Implement a best practices study of ways to manage increasing gang activity. San Luis Obispo County Coroner’s facility
R3:
Hire a full-time assistant to perform autopsy clean-up and other duties to make daily operations more efficient.
R4:
Provide a Coroner's Facility expansion plan by the end of the fiscal year 2019-2020. This will include sources of funding and focus on future needs of the department.
R5:
The empty airport terminal buildings be considered for additional space since there are no current plans for redevelopment. Crime Lab
R6:
Crime Lab should provide the same training to city law enforcement agencies for handling DNA evidence as they do for Sheriff Deputies. Psychiatric Health Facility
R7:
Continue physical improvements to the existing PHF.
R8:
Consider expansion into other areas of the building.
R9:
Deaths a) Other deaths
R10:
Training (title, hours, and instructor credentials for each type) a) Managing inmate violence b) Handling mental health behaviors c) Responding to drug/alcohol related problems
Findings & Recommendations
6 findings
F1:
Provision of paramedics in the ambulance service meets the requirements of the negotiated agreement.
F2:
Multiple agencies provide paramedic and EMT services.
F3:
EMSA negotiates all costs for the ambulance service.
F4:
San Luis Ambulance Company INC. has the sole contract to provide medical transportation services for the county.
F5:
Only three of the 16 Cal Fire engines funded by the County have paramedics.
F6:
San Luis Obispo County does not allow non-paramedic EMTs to use devices approved in other counties to protect an airway in case of medical emergency. 2018-2019 San Luis Obispo County Grand Jury Final Report 43 EMERGENCY MEDICAL SERVICES – ARE WE COVERED?
Additional Recommendations
2
Not linked to specific findings.
R1:
Additional paramedics should be provided on County-funded engines and added to the next contract.
R2:
The County EMS Division should approve more options for airway protection by BLS personnel using equipment that limits risky outcomes. This should be accomplished by January 1, 2020.
Findings & Recommendations
10 findings
F1:
The failure of school districts to provide the required written notice to developers of their right to protest may extend the period in which a developer is allowed to file a suit challenging a fee and may expose the districts to potential future liability.
Related Recommendations (3)
R1:
All school districts must immediately begin providing the required written notice to developers of their right to protest the imposition of developer fees.
R2:
The County Office of Education should provide and require the school districts to use a standardized format for the notice of the right to protest the payment of developer fees. This form should be developed by January 1, 2020.
R3:
The Superintendent of Schools for San Luis Obispo County shall verify that every district is providing the required written notice to developers of their right to protest the imposition of developer fees.
F2:
In the sampled school districts there is inconsistency in reporting developer fee income and expenditures.
Related Recommendations (1)
R6:
The School Boards for each district in San Luis Obispo County shall ensure that their district’s developer funds have been properly used and sign a certificate of compliance.
F3:
San Luis Coastal Unified School District had been failing to provide the required written notice to developers but has indicated that they are now providing the necessary notice and sent us a copy. County Offices of Education, California Department of Education website: https://www.cde.ca.gov/re/sd/co/coes.asp
Related Recommendations (3)
R1:
All school districts must immediately begin providing the required written notice to developers of their right to protest the imposition of developer fees.
R2:
The County Office of Education should provide and require the school districts to use a standardized format for the notice of the right to protest the payment of developer fees. This form should be developed by January 1, 2020.
R3:
The Superintendent of Schools for San Luis Obispo County shall verify that every district is providing the required written notice to developers of their right to protest the imposition of developer fees.
F4:
Lucia Mar School District has indicated that they are giving the required written notice and provided us a copy.
F5:
The Paso Robles, Cayucos, and Coast Unified school districts have responded with copies of the receipts given to developers, which do not include the required notice.
Related Recommendations (3)
R1:
All school districts must immediately begin providing the required written notice to developers of their right to protest the imposition of developer fees.
R2:
The County Office of Education should provide and require the school districts to use a standardized format for the notice of the right to protest the payment of developer fees. This form should be developed by January 1, 2020.
R3:
The Superintendent of Schools for San Luis Obispo County shall verify that every district is providing the required written notice to developers of their right to protest the imposition of developer fees.
F6:
Atascadero Unified School District did not respond to the question of whether they give the required written notice to developers, thus it is unknown whether they are in compliance.
Related Recommendations (3)
R1:
All school districts must immediately begin providing the required written notice to developers of their right to protest the imposition of developer fees.
R2:
The County Office of Education should provide and require the school districts to use a standardized format for the notice of the right to protest the payment of developer fees. This form should be developed by January 1, 2020.
R3:
The Superintendent of Schools for San Luis Obispo County shall verify that every district is providing the required written notice to developers of their right to protest the imposition of developer fees.
F7:
All of the sampled districts take a permissive view of the restrictions on the sort of expenditures which are allowed for developer fees.
Related Recommendations (1)
R6:
The School Boards for each district in San Luis Obispo County shall ensure that their district’s developer funds have been properly used and sign a certificate of compliance.
F8:
It is difficult to determine whether developer fees are being maintained in a separate fund as required by law.
Related Recommendations (2)
R4:
Each school district must maintain its developer fees in a separate account as required by law, and not comingle these with other funds.
R6:
The School Boards for each district in San Luis Obispo County shall ensure that their district’s developer funds have been properly used and sign a certificate of compliance.
F9:
Most of the districts in the County either do not publish the required annual and 5-year reports on their use of developer fees, or provide such information in a difficult to access and understand format on their websites.
Related Recommendations (2)
R5:
All districts should report their developer fees, including the mandated annual and 5- year reports, on their websites, in a prominently indexed and reasonably clear and accessible manner.
R6:
The School Boards for each district in San Luis Obispo County shall ensure that their district’s developer funds have been properly used and sign a certificate of compliance.
F10:
There is no general oversight exercised over the use of developer fees beyond that which may be provided by the district school boards.
Findings & Recommendations
6 findings
F1:
Provision of paramedics in the ambulance service meets the requirements of the negotiated agreement.
F2:
Multiple agencies provide paramedic and EMT services.
F3:
EMSA negotiates all costs for the ambulance service.
F4:
San Luis Ambulance Company INC. has the sole contract to provide medical transportation services for the county.
F5:
Only three of the 16 Cal Fire engines funded by the County have paramedics.
F6:
San Luis Obispo County does not allow non-paramedic EMTs to use devices approved in other counties to protect an airway in case of medical emergency.
Additional Recommendations
2
Not linked to specific findings.
R1:
Additional paramedics should be provided on County-funded engines and added to the next contract.
R2:
The County EMS Division should approve more options for airway protection by BLS personnel using equipment that limits risky outcomes. This should be accomplished by January 1, 2020.
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Additional Recommendations
6
Not linked to specific findings.
R1:
The Sheriff should petition the court for the addition of a closed-circuit AV system between the courthouse and the jail (potentially ASH can tie into the system) to reduce transportation cost and resolve overcrowding at the holding facility. Following the release of the Grand Jury recommendations Sheriff’s Office staff met with the presiding judge of the Superior Court to discuss video arraignments. The Superior Court has previously used video arraignments for county jail inmates, however, they encountered several problems in the procedure that led to their discontinuing the practice in 2009. Under the 6th Amendment to the United States Constitution all criminal court proceedings must be open to the public and the defendant must have access to legal counsel at the time of the proceeding, this requires that a courtroom that is accessible to the public be used for the proceeding and that counsel for the people and for the defendant be present for the proceeding to be lawful. At the time that video arraignment proceedings were used by the court an available courtroom existed at the San Luis Obispo Courthouse. In 2009 the volume of family law cases required that this courtroom be placed into fulltime service and video arraignments were discontinued, due in part, to a lack of available courtrooms. A second problem that was encountered by the court was that legal counsel for the accused and a deputy district attorney were often not available to be present in the courtroom during video arraignments because their presence was required in other courtrooms where defendants were appearing in person. County of San Luis Obispo Sheriff’s Office A third problem that was identified was that because the arraignment was done by video, defense counsel did not have any way to hold confidential communications with their client to discuss their plea or to gather mitigating facts that might allow defense counsel to negotiate a plea agreement with the district attorney at that proceeding. Because all the members of the defense bar work as private attorneys the court cannot compel them to go to the county jail on Kansas Avenue to meet with their clients, either before or after a video arraignment. Because of the problems the court encountered with the practice of video arraignments, the court discontinued them, and they have expressed that they have no interest in resuming the process at this time.
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. We are requesting results of further analysis, specifically of the assessment of the feasibility of sentenced-only housing, which was to be completed by December 31, 2018. The Jail Programs Unit submitted a recommendation in regard to sentenced-only housing in December of 2018 up the chain of command. There has been no official response from administration about the recommendation.
R3:
In addition to either of the first two alternatives, the Grand Jury also recommends that cameras be added in the stairwells leading to the courtrooms and to the fenced area outside the sally port. Following the Grand Jury recommendation regarding the addition of cameras to the stairwells leading to the courtrooms and to the fenced area outside the sally port the Sheriff’s Office requested the Board of Supervisors approve the expenditure of funds to be used for the replacement of existing analog surveillance camera equipment and the installation of additional digital IP based cameras in the stairwells leading to the courtrooms and in the area outside the courthouse near the sally port entrance that is used to transport inmates to the courthouse. The Board of Supervisor’s approved the expenditure of $125,000 for this project and it is currently underway. The project will replace existing analog cameras with digital and add 10 digital cameras to the secured stairwells, the sally port and the exterior areas outside of the sally port to improve the safety and security of both the inmates and the correctional staff working at the court holding facility. The project is managed by the County’s Information Technology Department. At this time ITD and the County’s Central Services Department are reviewing bids for both the cabling work to be performed and for the camera hardware to be purchased. ITD expects the project will be completed by June 30, 2019.
R5:
The Sheriff should formulate a long-term plan to deal with the problems associated with the condition and layout of the main jail. This plan should include the replacement of the current main jail facility. In 2017 the Sheriff’s Office opened the Kansas Facility to take the place of an overcrowded and antiquated Female Jail. The Kansas Facility is a 194-bed facility with 2 safety cells. The Medical Program Unit was constructed in 2018 to combat the increasing number of high risk medical and mental health inmates. The Kansas Facility and MPU accumulated 25 million dollars in construction costs and an additional 17 million in associated cost. In short, the Kansas and MPU facilities totaled 46 million in expenditures. The main jail has a Board Rated Capacity of 162 beds. The Sheriff’s Office has worked diligently on the upkeep of the Main Jail which was constructed in 1971. At the last State inspection, the Field County of San Luis Obispo Sheriff’s Office Representative noted in his report that, “The jail was clean, and despite its age, no issues of deferred maintenance were apparent.” However, the county jail is plagued with overcrowding issues in the inmate population. The Sheriff’s Office continues to make minor capital improvements on the main jail to ensure the facility is maintained. To replace the main jail would most likely require approximately 20-30 million in construction and associated costs. The Sheriff’s Office monitors state grants for funds associated with new construction. These grants on a competitive need basis with other counties in the State and are not guaranteed. The Board of Supervisors would need to approve tax payer funds from the county to begin construction of a new Jail.
R7:
The Sheriff should construct a psychiatric hospital (jail bed competency treatment facility) on the jail campus or elsewhere within the County. The Behavioral Health Unit is due to be opened for staff to move in on March 29th. Once construction, office set-up and staff are trained; The Sheriff’s Office will begin using the Unit to program and treat the mentally ill starting May 1st, 2019. The Sheriff’s Office has also converted two modular units into additional office space for Mental Health Staff and Community Action Team members. The Sheriff’s Office plans on utilizing part of the Kansas Facility to house JBCT eligible inmates. Minor capital improvements will need to be made to the Kansas Facility to accommodate these inmates. The Sheriff’s Office is currently researching companies that specialize in staffing this type of Treatment Facility. No concrete date has been set for the opening of the JBCT but is currently in progress and on-going.
R8:
The Sheriff should increase the staffing for the jail mental health workers to reduce the wait time for appointments from five days to one day or less. Now that a contract with Correctional Medical Group Companies has been finalized, we are requesting an update on staffing levels and wait times. Wellpath, formerly Correctional Medical Group Companies, took over health care responsibilities at the SLO County Jail on 2/1/2019. Mental health staff has increased as per the table below, which is also included in the staffing matrix in the contract: Staff member Jail Psych Services staff Wellpath hours/week hours/wk Psychiatrist / Psych NP 20 40 MH Supervisor 40 40 Licensed Psych Tech 200 120 Substance Abuse Counselor 0 40 LCSW/LMFT 40 100 Total 300 340 Patients with mental health diagnoses or symptoms will be seen according to the standards outlined in the contract, which are consistent with the national standard set by the National Commission on Correctional Health Care (NCCHC). Details can be found in the signed contract (available for download on the SLO County Board of Supervisors website from 12/11/2018) and include universal mental health screening at intake and a face to face encounter within 24 hours for any mental health symptom. County of San Luis Obispo Sheriff’s Office 2017-18 Moving the Dial at the County Jail: The Goal of Reducing Recidivism:
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Additional Recommendations
6
Not linked to specific findings.
R1:
The Sheriff should petition the court for the addition of a closed-circuit AV system between the courthouse and the jail (potentially ASH can tie into the system) to reduce transportation cost and resolve overcrowding at the holding facility. Following the release of the Grand Jury recommendations Sheriff’s Office staff met with the presiding judge of the Superior Court to discuss video arraignments. The Superior Court has previously used video arraignments for county jail inmates, however, they encountered several problems in the procedure that led to their discontinuing the practice in 2009. Under the 6th Amendment to the United States Constitution all criminal court proceedings must be open to the public and the defendant must have access to legal counsel at the time of the proceeding, this requires that a courtroom that is accessible to the public be used for the proceeding and that counsel for the people and for the defendant be present for the proceeding to be lawful. At the time that video arraignment proceedings were used by the court an available courtroom existed at the San Luis Obispo Courthouse. In 2009 the volume of family law cases required that this courtroom be placed into fulltime service and video arraignments were discontinued, due in part, to a lack of available courtrooms. A second problem that was encountered by the court was that legal counsel for the accused and a deputy district attorney were often not available to be present in the courtroom during video arraignments because their presence was required in other courtrooms where defendants were appearing in person. County of San Luis Obispo Sheriff’s Office A third problem that was identified was that because the arraignment was done by video, defense counsel did not have any way to hold confidential communications with their client to discuss their plea or to gather mitigating facts that might allow defense counsel to negotiate a plea agreement with the district attorney at that proceeding. Because all the members of the defense bar work as private attorneys the court cannot compel them to go to the county jail on Kansas Avenue to meet with their clients, either before or after a video arraignment. Because of the problems the court encountered with the practice of video arraignments, the court discontinued them, and they have expressed that they have no interest in resuming the process at this time.
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. We are requesting results of further analysis, specifically of the assessment of the feasibility of sentenced-only housing, which was to be completed by December 31, 2018. The Jail Programs Unit submitted a recommendation in regard to sentenced-only housing in December of 2018 up the chain of command. There has been no official response from administration about the recommendation.
R3:
In addition to either of the first two alternatives, the Grand Jury also recommends that cameras be added in the stairwells leading to the courtrooms and to the fenced area outside the sally port. Following the Grand Jury recommendation regarding the addition of cameras to the stairwells leading to the courtrooms and to the fenced area outside the sally port the Sheriff’s Office requested the Board of Supervisors approve the expenditure of funds to be used for the replacement of existing analog surveillance camera equipment and the installation of additional digital IP based cameras in the stairwells leading to the courtrooms and in the area outside the courthouse near the sally port entrance that is used to transport inmates to the courthouse. The Board of Supervisor’s approved the expenditure of $125,000 for this project and it is currently underway. The project will replace existing analog cameras with digital and add 10 digital cameras to the secured stairwells, the sally port and the exterior areas outside of the sally port to improve the safety and security of both the inmates and the correctional staff working at the court holding facility. The project is managed by the County’s Information Technology Department. At this time ITD and the County’s Central Services Department are reviewing bids for both the cabling work to be performed and for the camera hardware to be purchased. ITD expects the project will be completed by June 30, 2019.
R5:
The Sheriff should formulate a long-term plan to deal with the problems associated with the condition and layout of the main jail. This plan should include the replacement of the current main jail facility. In 2017 the Sheriff’s Office opened the Kansas Facility to take the place of an overcrowded and antiquated Female Jail. The Kansas Facility is a 194-bed facility with 2 safety cells. The Medical Program Unit was constructed in 2018 to combat the increasing number of high risk medical and mental health inmates. The Kansas Facility and MPU accumulated 25 million dollars in construction costs and an additional 17 million in associated cost. In short, the Kansas and MPU facilities totaled 46 million in expenditures. The main jail has a Board Rated Capacity of 162 beds. The Sheriff’s Office has worked diligently on the upkeep of the Main Jail which was constructed in 1971. At the last State inspection, the Field County of San Luis Obispo Sheriff’s Office Representative noted in his report that, “The jail was clean, and despite its age, no issues of deferred maintenance were apparent.” However, the county jail is plagued with overcrowding issues in the inmate population. The Sheriff’s Office continues to make minor capital improvements on the main jail to ensure the facility is maintained. To replace the main jail would most likely require approximately 20-30 million in construction and associated costs. The Sheriff’s Office monitors state grants for funds associated with new construction. These grants on a competitive need basis with other counties in the State and are not guaranteed. The Board of Supervisors would need to approve tax payer funds from the county to begin construction of a new Jail.
R7:
The Sheriff should construct a psychiatric hospital (jail bed competency treatment facility) on the jail campus or elsewhere within the County. The Behavioral Health Unit is due to be opened for staff to move in on March 29th. Once construction, office set-up and staff are trained; The Sheriff’s Office will begin using the Unit to program and treat the mentally ill starting May 1st, 2019. The Sheriff’s Office has also converted two modular units into additional office space for Mental Health Staff and Community Action Team members. The Sheriff’s Office plans on utilizing part of the Kansas Facility to house JBCT eligible inmates. Minor capital improvements will need to be made to the Kansas Facility to accommodate these inmates. The Sheriff’s Office is currently researching companies that specialize in staffing this type of Treatment Facility. No concrete date has been set for the opening of the JBCT but is currently in progress and on-going.
R8:
The Sheriff should increase the staffing for the jail mental health workers to reduce the wait time for appointments from five days to one day or less. Now that a contract with Correctional Medical Group Companies has been finalized, we are requesting an update on staffing levels and wait times. Wellpath, formerly Correctional Medical Group Companies, took over health care responsibilities at the SLO County Jail on 2/1/2019. Mental health staff has increased as per the table below, which is also included in the staffing matrix in the contract: Staff member Jail Psych Services staff Wellpath hours/week hours/wk Psychiatrist / Psych NP 20 40 MH Supervisor 40 40 Licensed Psych Tech 200 120 Substance Abuse Counselor 0 40 LCSW/LMFT 40 100 Total 300 340 Patients with mental health diagnoses or symptoms will be seen according to the standards outlined in the contract, which are consistent with the national standard set by the National Commission on Correctional Health Care (NCCHC). Details can be found in the signed contract (available for download on the SLO County Board of Supervisors website from 12/11/2018) and include universal mental health screening at intake and a face to face encounter within 24 hours for any mental health symptom. County of San Luis Obispo Sheriff’s Office 2017-18 Moving the Dial at the County Jail: The Goal of Reducing Recidivism: