HomeMy WebLinkAboutMINUTES - 09231997 - C65 TO: BOARD OF SUPERVISORS Contra
FROM: Costa
INTERNAL OPERATIONS COMMITTEE Count
y
DATE: September 23, 1997 ?s'A couK�t
SUBJECT: PROPOSED RESPONSE TO REPORT NO. 9711 OF THE 1996-1997
GRAND JURY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Adopt this report of our Committee as the Board of
Supervisors ' response to 1996-1997 Grand Jury Report No. 9711 :
"Condition of Detention Facilities . "
2 . Remove this item as a referral to our Committee.
BACKGROUND:
The 1996-1997 Grand Jury filed the above report, which was reviewed
by the Board of Supervisors and subsequently referred to the
Internal Operations Committee. On September 16, 1997 our Committee
met to discuss the recommendations and review proposed responses .
At the conclusion of those discussions, we prepared this . report
which clearly specifies:
A. Whether the recommendation is accepted or adopted;
B. If the recommendation is accepted, a statement as to who will
be responsible for implementation and a definite target date;
C. A delineation of the constraints if a recommendation is
accepted but cannot be implemented within the calendar year;
and
D. The reason for not adopting a recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT
APPROVE OTHER
SIGNATURE(S): JI ROGERS DONNA R ER
ACTION OF BOARD ON 3 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Dean Lucas 335-1077 ATTESTED j , a3 . l(]-1p]
Contact: Internal Operations Committee PHIL BATA ELOR,CLERK OF THE BOARD OF
cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Superior Court Presiding Judge
Grand Jury Foreperson
County Counsel BY A-6--Q-)
Sheriff-Coroner
"CONDITION OF DETENTION FACILITIES"
REPORT NO. 9711
The 1996-97 Contra Costa County Grand Jury recommends that:
RECOMMENDATION 1 :
The Sheriff develop plans to accommodate the projected growth in
the number of inmates requiring maximum security.
RESPONSE:
A. This recommendation is accepted as modified.
B. Contra Costa County has done a significant amount of
correctional planning for the past twenty years as well as
build and remodel three major facilities . The County has,
with State bond funds, added a significant number of adult
beds . Our studies indicate that the availability of
alternatives to incarceration greatly impacts the number of
beds needed. For example, the Sheriff ' s Department has used
in recent years electronic monitoring as a way to keep
appropriate offenders in the community rather than to occupy
an expensive jail bed.
The Drug Court now being instituted in West County could have
an impact on the use of jail beds by diverting drug offenders
to treatment programs . We will, 'of course, continue to work
with the Sheriff to maximize the availability of existing
correctional resources, including both jail beds and
community-based treatment and punishment programs . We
recognize that in order to make progress in this area there
must be coordination between the Board and the Sheriff .
RECOMMENDATION 2 :
The Board of Supervisors recognize the magnitude of and seek
solutions to the problem of housing inmates who must be confined in
high security facilities .
RESPONSE:
A. This recommendation is accepted.
B. Developing additional community-based treatment and punishment
programs will further enable this County and the Sheriff to
offer non-facility options for sentencing certain categories
of offenders . This will enable us to make maximum use of
existing high security jail beds .
RECOMMENDATION 3 :
The Sheriff and the Board of Supervisors make the public aware of
the threatened crisis situation.
RESPONSE:
A. This recommendation is accepted.
B. We believe the potential impact upon the community is both
real and severe enough to warrant public education regarding
this situation. The Board of Supervisors, the Office of the
Sheriff and the County Administrator will work together to
develop a series of educational public announcements regarding
this matter. It is our belief, though, that any educational
program should only be undertaken after a feasible plan has
been developed to accommodate the current and anticipated
population.
The Board believes that with the proper correctional planning
and the development of additional community based treatment
and punishment options that the existing number of jail beds
will be better utilized.
OFFICE OF THE SHERIFF
Contra Costa County
Administration Division
335-1500
Date: July 10, 1997
To: Honorable P�r Setta, Judge, Contra Costa Superior Court
Attention: WonorablBarbara Zuniga, Judge
From: Warr�nR ppSf
Subject: Grand Jury Report #9711
Penal Code Section 933 requires the Office of the Sheriff to comment on the findings
and recommendations of Grand Jury Reports. Attached hereto you will find that
response.
This particular report covered Detention facilities operated by both the Office of the
Sheriff and Probation. This response is limited to those findings, conclusions and
recommendations that address adult detention facilities only.
cc: Phil Batchelor, County Administrator
Attention: Claude VanMarter, Assistant County Administrator
Dean Lucas, Deputy County Administrator
Romero Arosemena, Grand Jury Foreman
CONTRA COSTA COUNTY
RECEIVED
JUL 14 1997
OFFICE OF
1 COUNTYADMINISTRATOR
The following is the Sheriff's Office response to Grand Jury Report #9711 .
FINDINGS
Finding No. 4
These facilities (Martinez Detention Facility, West County Detention Facility, Marsh
Creek Detention Facility)...have been inspected and are in compliance with State of
California Standards.
Response No. 4
The Office of the Sheriff prides itself in operating quality Detention facilities which
meet or surpass all State and Federal standards. It should be noted, however, and will
be addressed in this response that overcrowded conditions threaten to jeopardize our
ability to meet standards at the Martinez Detention Facility.
Finding No. 5
The Martinez Detention facility is State-rated to hold 515 inmates. The average daily
population for May 1996 through April 1997 was 747. The facility was built for 386.
Over-population has required doubling up in rooms, putting double bunks in the living
area and, at times, spreading mattresses on the floor. Inmates at Martinez Detention
Facility cannot be transferred to less secure facilities.
Authorities anticipate a steady increase in the number of inmates requiring a maximum
security facility.
Response No. 5
The report is accurate. Current population figures for Martinez Detention Facility are
averaging nearly 800 inmates. This represents a continuation of a trend that began
several years ago. At the present time we are approximately 400 beds short with an
estimation that, by the year 2002, we will be 800 to 1,000 beds short.
Finding No. 6
The West County Detention Facility is State-rated at 816 inmates, but staffing levels
allow for a maximum of 632. The average daily population for May, 1996 through
April, 1997 was 599.
2
Response No. 6
Finding number 6 is accurate but provides only a limited picture of conditions at the
West County Detention Facility. Current staffing levels do not, in fact, allow for more
than 632 inmates, but it is our position that current staffing levels are far short of the
number needed and originally planned for in order to properly and effectively supervise
the.actual number of inmates present.
Finding No. 7
The Marsh Creek Detention Facility is State-rated for 300 inmates. The average daily
population for May, 1996 through April, 1997 was 245.
Response No. 7
This finding is also accurate but limited in explanation. Current population is near
maximum due to facility modifications in progress which prevent full use of State-rated
maximum inmate population. We are also often limited in the numbers we can place
at this facility due to the restrictions regarding which inmates may qualify for a
minimum security facility such as this.
CONCLUSIONS
Conclusion No. 1
During the past year the West County and Marsh Creek facilities had adequate
capacity to house their inmate populations.
Response No. 1
This conclusion is accurate. Both of these facilities are capable of maintaining their
current inmate populations without undue or excess wear and tear associated with
over populated conditions.
Conclusion No. 2
With constant overcrowding and predictions of growing numbers of inmates who will
require incarceration in a maximum security facility, the County faces an approaching
crisis at the Martinez Detention Facility.
Response No. 2
The only disagreement with this conclusion is the time frame. The crisis is not
approaching but is, in fact, upon us. Current inmate population levels at the Martinez
3
Detention Facility are having a severe impact on facility infrastructure. The population
is endangering our ability to continue maintenance of a safe and constitutionally
operated facility. It is also causing increasing tension among the inmate population
and strain and officer safety issues among staff.
RECOMMENDATIONS
Recommendation No. 1
The Sheriff develop plans to accommodate the projected growth in the number of
inmates requiring maximum security.
Response No. 1
We agree with this recommendation. As already outlined, we believe that the current
trend in growing population figures will continue and that, by the year 2002, we will
be 800 to 1,000 beds short. We also believe that, if we do not identify relief,
continuing inmate population growth will result in Court-ordered releases. This will
have a severe, negative impact upon the community. Since we are already critically
overcrowded, and major jail projects historically take approximately five years to
complete, it is imperative that planning for a new facility begin immediately.
Recommendation No. 2
The Board of Supervisors recognize the magnitude of and seek solutions to the
problem of housing inmates who must be confined in high security facilities.
Response No. 2
We concur. It is impossible for the Sheriff to develop and activate plans for a new
facility without the concurrence and support of the Board of Supervisors.
Recommendation No. 3
The Sheriff and the Board of Supervisors make the public aware of the threatened
crisis situation.
Response No. 3
We believe the potential impact upon the community is both real and severe enough
to warrant public education regarding this situation. The Office of the Sheriff would
be pleased to work with the Board of Supervisors and the County Administrator to
4
develop a series of educational public announcements regarding this matter. It is our
belief, though, that any educational program should only be undertaken after a feasible
plan has been developed to accommodate the current and anticipated population.
5
4 y
OUNTRACIll
1ECEIvE
JUN 111997
-,-.GE aE
A REPORT BYvi viy i 9v ATC'7'-
TBF, 1996-97 CONTRA COSTA COUNTY GRAND JURY
1020 Ward Street
Martinez, California 94553
(510)646-2345
Report No. 9711
0
CONDITION OF DETENTION FACILITIES
APPROVED BY THE GRAND JURY:
DATE:
O AROS
G Y FOREMAN
ACCEPTED FOR FILING:
DATE: 7
JO VAN DE POEL
JUD E OF THE SUPERIOR COURT
SECTION 933 (C) OF THE CALIFORNIA PENAL CODE
§933. Comments and Reports
on Grand Jury Recommendations
(c) No later than 90 days after the grand jury submits a final
report on the operations of any public agency subject to its
reviewing authority, the governing body of the public agency shall
comment to the presiding judge of the superior court on the
findings and recommendations pertaining to matters under the
control of the governing body, and every elective county officer or
agency head for which the grand jury has responsibility pursuant ,
to Section 914.1 shall comment within 60 days to the presiding
judge of the superior court, with an information copy sent to the
board of supervisors, on the findings and recommendations
pertaining to matters under the control of that county officer or
agency _head and any agency or agencies which that officer or
agency head supervises or controls. In any city and county, the
mayor shall also comment on the findings:'and recommendations.
All such comments and reports shall forthwith be submitted to the
presiding judge of the superior court who impaneled the grand jury.
A copy of all responses to grand jury reports shall be placed on file
with the clerk of the public agency and the office of the county
clerk, or the mayor when applicable, and shall remain on file in
those offices. One copy shall be placed on file with the applicable
grand jury final report by, and in the control of the currently
impaneled grand jury, where it shall be maintained for a minimum
of five years. Ug.H. 1961 ch. 1284, 1963 ch. 674, 1974 chs. 393,
1396, 1977 chs. 107, 187, 1980 ch. 543, 1981 ch. 203, 1982 ch.
1408 §5, 1985 ch. 221 §1, effective July 12, 1985, 1987 ch. 690
§1, 1988 ch. 1297.
Cross-References
Admissible evidence. Penal Code §936.6
"Grand Jury" defined. Penal Code §888.
Grand Jury report to be based only on own investigation. Penal
Code §939.9.
ti
CONDITION OF DETENTION FACILITIES
FINDINGS
1. California Penal Code Section 919b requires that the Grand Jury inquire into the
condition and management of the public prisons within the County.
California Penal Code Section 925 allows the Grand Jury to investigate the
operations of the Probation Department.
2. The Sheriffs Department operates three adult detention facilities in Contra Costa
County:
• Martinez Detention Facility, a maximum security facility located in downtown
Martinez.
• West County Detention Facility, a medium security facility located in North
Richmond.
• Marsh Creek Detention Facility, a minimum security facility located near
Clayton.
3. The Probation Department operates two juvenile_facilities in Contra Costa County:
• Juvenile Hall, a locked detention facility in Martinez.
• Orin Allen Youth Rehabilitation Facility (Byron Boy's Ranch), an unlocked
detention facility east of Byron.
4. These facilities, as well as holding facilities at the city police departments, have
been inspected and,are in compliance with State of California standards.
5. The Martinez Detention Facility is state-rated to hold 515 inmates. The average
daily population for May 1996 through April 1997 was 747. The facility was built
for 386. Over-population has required doubling up in rooms,putting double bunks
in the living area and, at times, spreading mattresses on the floor. Inmates at
Martinez Detention Facility cannot be transferred to less secure facilities.
Authorities anticipate a steady increase in the number of inmates requiring a
maximum security facility.
6. The West County Detention Facility is state-rated at 816 inmates,but staffing levels
allow for a maximum of 632. The average daily population for May 1996-April
1997 was 599.
7. The Marsh Creek Detention Facility is state-rated for 300 inmates. The average
daily population May 1996-April 1997 was 245.
8. Juvenile Hall is state-rated for 160 residents. The average daily population May
1996-April 1997 was 158. The building is antiquated and shows signs of
deterioration.
9. Byron Boy's Ranch is state-rated for 74 boys. The average daily population May
1996-April 1997 was 72. Sixty to seventy juveniles, on average, are always waiting
for beds at the Ranch. Plans have been discussed for adding another 26-bed unit.
CONCLUSIONS
1. During the past year the West County and Marsh Creek facilities had adequate
capacity to house their inmate populations.
2. With constant overcrowding and predictions of growing numbers of inmates who
will require incarceration in a maximum security facility, the County faces an
approaching crisis at the Martinez Detention Facility.
RECOMMENDATIONS
The 1996-97 Contra Costa County Grand Jury recommends that:
1. the Sheriff develop plans to accommodate the projected growth in the number of
inmates requiring maximum security.
2. the Board of Supervisors recognize the magnitude of and seek solutions to the
problem of housing inmates who must be confined in high security facilities.
3. the Sheriff and the Board of Supervisors make the public aware of the threatened
crisis situation,