MISSION STATEMENT

LAW AND JUSTICE COMMITTEE

The California Penal Code is the basic state statute for the investigation procedures charged to the Law and Justice Committee of the Grand Jury. Penal Code 919(b) states that the “Grand Jury shall inquire into the condition and management of the public prisons within the County.” The committee visited these facilities to fulfill the obligations under the statute. During the 2001-2002 Grand Jury session, the Law and Justice Committee toured and visited most of the law enforcement and detention facilities in Kern County. The committee also received and responded, by inquiry and investigation, to over thirty-five individual citizens’ complaints. Throughout all of the visits, the Committee was impressed by the enthusiastic, knowledgeable, hardworking, loyal staff and managers that were met. The Committee was shown the utmost courtesy at all times, and wish to thank all of those who increased its knowledge by making the visits and tours interesting and informative. The Law and Justice Committee toured the following forty law enforcement agencies during the fiscal year 2001-2002:

Sheriff’s Headquarters (Norris Road) Ridgecrest Police Department Sheriff’s Communication Center Shafter Police Department Sheriff’s Coroner’s Facility Taft Police Department Sheriff’s Property Room Kern County Probation Department Sheriff’s Substation – Delano Kern County Adult Probation Department Sheriff’s Substation – Frazier Park Kern County Central Jail Sheriff’s Substation – Lake Isabella District Attorney’s Crime Lab Sheriff’s Substation – Lamont Camp Erwin Owen Sheriff’s Substation – McFarland Delano Community Correctional Facility Sheriff’s Substation – Mojave Juvenile Hall Sheriff’s Substation – Ridgecrest Lerdo Max/Med. Detention Facility Sheriff’s Substation – Rosamond Lerdo Minimum Detention Facility Sheriff’s Substation – Taft McFarland Community Correctional Facility Sheriff’s Substation – Tehachapi Mesa Verde Community Correctional Facility Sheriff’s Substation – Wasco North Kern State Prison Arvin Police Department Taft Community Correctional Facility Bakersfield Police Department Taft Correctional Institute (TCI) Bear Valley Springs Police Department California Correctional Institute at Tehachapi California City Police Department Wasco State Prison/Reception Center Delano Police Department Shafter Community Correctional Facility

BEAR VALLEY SPRINGS POLICE DEPARTMENT

PURPOSE OF INQUIRY: An investigative inquiry of the Bear Valley Springs Police Department was initiated as a result of a citizen complaint. The complaint dealt with concerns regarding police misconduct, excessive overtime, use of police vehicles for personal business, and use of office and cell phones for personal calls. HISTORY: Bear Valley Springs (BVS) was originally settled by Mary and Fred Fickert in 1869. Their ranch grew from 160 acres to over 25,000 acres in 1912. The ranch continued to be owned and operated by the Fickerts until it was sold almost a hundred years later. In the early 1970’s, Dart Resorts began developing the property. The result is Bear Valley Springs, a unique community nestled in the mountains behind Tehachapi. Because it is a gated community, its 6,000 citizens enjoy the safety, low crime rate, and closeness of a small town. The Community Services District (CSD) is the legal political government of Bear Valley. It is comprised of five directors elected by the registered voters of BVS. This Board of Directors, comparable to a city council, is responsible for the police, street, water, sewer, and solid waste services. The Community Services District also owns all recreational facilities, which it leases to the Bear Valley Springs Association (BVSA). The CSD hires a general manager and his staff to oversee the day-to-day operations of the community, comparable to a “city manager” type of local government. The BVSA is a homeowner’s association with the powers and responsibilities of operating and maintaining the recreational facilities. It is similar to the operation of a city parks and recreation department. Amenities include a golf course, country club and restaurant, Equestrian Center, horse and hiking trails, swimming pool, and tennis courts. All of these are available to all the property owners of BVS. FINDINGS: The Bear Valley Springs Police Department consists of a chief, six full time police officers, a police technician, four full time and three part time dispatchers, and twenty volunteers. The Department has just recently moved into a new building located by the only gate into the community. This building also houses the post office. The police department takes great pride in their care and concern for the community. They are responsible for over 44 square miles of mountainous terrain. Over 30% of their

populace are senior citizens. Residents on vacation have the opportunity to file their plans with the department and have their homes checked on while they are away. Citizens stranded in the snow are often taken home. The police department is also actively involved in community activities, i.e., Halloween Trick or Treating, the Apple Box Derby, etc. There is a complaint system in place that allows citizens to voice their problems and have them reviewed by the police department, and also by the Public Safety Committee, which reports to the CSD. This system has never been used. The department is also justifiably proud of their Post Certification. There are seven police vehicles, which the officers are allowed to take home if they live in Bear Valley. Two officers currently reside outside of Bear Valley Springs. The chief has full use of his car, but the other officers are to use theirs only for police business. Three cell phones have been provided for the police department by the community. They are to be used for police business only. As of June 30, 2001, an annual audit reported 119% overage in overtime within the police department. This amounted to over $60,000 in excess of the amount budgeted for police operations. Since September 2001, a significant reduction in overtime hours has occurred. During the last ten years, three separate formal complaints have been received by the Kern County Grand Jury alleging police misconduct. COMMENTS: By nature of the location of Bear Valley Springs, the police officers are required to make trips outside the city limits. Such trips, however, should be documented. Officers should note the time they leave, the reason for leaving, and the various locations to be visited. Intermittent contact should be maintained with the police station. It is to the police department’s advantage to keep accurate records of their comings and goings, thereby circumventing any accusations of wrongdoing. Phone records do apparently show that police cell phones have been used to make personal calls. This is in direct violation of the Bear Valley Springs Police Manual. Overtime has been on the rise for the last three years. Not until September 2001, was an effort made to curb that rise and it has been extremely effective. Some overtime is to be expected, a natural occurrence of illness, crime investigations, and unforeseen occurrences. However, that is covered in the operating budget of the police department. The hours accrued appear excessive for a small community with a low crime rate and a good ratio of police officers to community population. Some months, overtime was recorded at close to 200 hours. For example, in January 2001, there were 164 hours of overtime, compared to January 2002, with only 29 hours of overtime. This reduction seems to be a result of the CSD manager’s new efforts to oversee and double check what the police chief is authorizing as legitimate overtime.

Allegations have been made to the Grand Jury of improper language used on the police radios by police officers, including sexual references and coarse terms. Reports not filed and indiscriminate gossip about ongoing investigations were also mentioned. Although Bear Valley Springs does have a complaint system in place, the community might be better served if the citizens did not have to go to the police department to complain about the police. The complaint forms should be available only at the CSD’s office. The citizens should then deal just with the Public Safety Committee to give them some assurance of impartiality and confidentiality. The elected officials of Bear Valley Springs represent the people of this community. It is their responsibility, even their privilege to protect the “public trust”. Allowing employees of the city to misuse the taxpayers’ money to any degree is a violation of that trust. Allegations of such abuse should not be taken lightly. The Board has the right and the authority to demand accountability from the CSD manager, who in turn demands it from the chief of police, who demands it from his staff. These people work for the citizens of Bear Valley Springs, not the other way around. Failure to promptly and thoroughly investigate complaints or concerns of misconduct and failure to keep control over the expenditure of public funds are matters of serious concern. RECOMMENDATIONS: �� An investigation should be instigated by the Community Services District into the

abuse of cell phones and other allegations of misconduct by the Police Department. The CSD should take immediate and appropriate action to determine that these abuses do not happen again.

�� A log should be maintained by the Police Department detailing the reason, location,

and duration for any trips outside the of the community limits by official vehicles. �� A new way to handle complaints against the Police Department should be developed. �� Overtime should continue to be strictly monitored by the CSD Board and its manager. RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

March 25, 2002

Presiding Judge Kern County Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301 '

Dear Sir:

This letter is the Bear Valley Community Service District's response to the Kern County Grand Jury report regarding the "Bear Valley Springs" Police Department. The Bear Valley Police Department is a department of the Bear Valley Community Services District and is an operation that the District Board and the community take a good deal of pride in. I have keyed our responses to the four recommendations forwarded in the report.

1. Grand Jury Recommendation: An investigation should be instigated by the Community Services District into the abuse of cell phones and other allegations of misconduct by the Police Department. The CSD should take immediate and appropriate action to determine that these abuses do not happen again.

Response: The report states that "Phone records do apparently show that police cell phones have been used to make personal calls. This is in direct violation of the Bear Valley Springs Police Manual." We are unaware of any publication entitled "Bear Valley Springs Police Manual". The Bear Valley CSD Police Manual does not address personal use of cell phones at all. There is, in fact, no outright prohibition on any District personnel using cell phones (or other District phones) for occasional personal calls. Any employee will sometimes need to call home to check on family members make them aware of schedule changes. Employees are expected to use discretion in this regard and the District is unaware of any abuses. Cell phone usage and expenditures are items regularly reviewed by staff and the Board of Directors.

The other allegations of misconduct the report mentions are "improper language used on the police radios by police officers, including sexual references and coarse terms" and "reports not filed and indiscriminate gossip about ongoing investigations". In addition to the police radio that is monitored at the Police Department, there is also one in the District office which is monitored continuously during business hours. The General Manager has a police radio in his vehicle which he monitors. Two of our Directors own radio scanners which they monitor as a hobby. No one is aware of any instances of improper language or improper transmissions. If you could make us aware of the details of this particular complaint, we would investigate. We are also unaware of any indiscriminate gossip regarding ongoing investigations. We have experienced, however, individuals who find themselves to be the subject of an investigation and then express

28999 SOUTH LOWER VALLEY ROAD TEHACHAPI, CALIFORNIA 93561-6529 (661)821-4428 (661)821-0180 FAX

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the opinion that questioning (or interviewing other parties in the course of the investigation amounts to "indiscriminate gossip". Again, if you could provide us with anything specific, wewould be glad to investigate.

2. Grand Jury Recommendation: A log should be maintained by the Police Department detailing the reason, location, and duration for any trips outside of the community limits by official vehicles.

Response: This is currently done. Officers are in continual contact with the dispatcher. The dispatcher is continually aware of the location of all on-duty officers and vehicles. This is the case whether the officer/vehicle is within the District boundaries or outside. There does not appear to be any problem with the existing system or any reason to change it. Any specific instances of improper vehicle usage that you can provide will be investigated.

3. Grand Jury Recommendation: A new way to handle complaints against the Police Department should be developed.

Response: The only flaw with the current system that the report identifies is that the complaint forms are only available at the Police Department. The report states that "the complaint forms should be available only at the CSD's office". We disagree with making them unavailable at the Police Department. We will, however, make them available at both locations. Additionally, we intend to publish in the next edition of our quarterly newsletter an article promoting public awareness of the complaint system and process.

4. Grand Jury Recommendation: Overtime should continue to be strictly monitored by the CSD Board and its manager.

Response: This is being done. It should be pointed out that although overtime has been higher in past years than it is currently, that is not necessarily a sign of mismanagement. Police Work by its nature is difficult to schedule. Some of our police officers have experienced medical problems which necessitated long absences. It was also necessary to place one officer on paid administrative leave for several weeks. With a small force, any number of things can necessitate the use of overtime. It is also worth pointing out that a routine department was conducted during June of 2000 by the California Standards and Training (POST). At that time, the District was periods of overtime usage. Nonetheless, the report states in part is within normal limits for an agency of this size."

As a general comment, it seems inappropriate for the Grand Jury to make specific recommendations to a public agency based on allegations from (according to the report) a single citizen's complaint. The report does not conclude that any of the allegations were substantiated nor that the Bear Valley Police Department (and/or illegal or unethical manner. The District and the Police improve service and are more than willing to consider constructive advice or criticism from any source. It is not necessarily prudent, however, to incorporate major changes based upon

evaluation of our police Commission on Peace Officer

experiencing one of its highest "Overtime is not excessive and

Community Services District) acted in any Department are always anxious to

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unsubstantiated complaints from individual citizens.

If you have any questions or require any additional information, please feel free to contact our General Manager, Mr. John Yeakley at any time. He can be reached at (661) 821-4428.

Sincerely,

William R. Miller President, Board of Directors

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CAMP ERWIN OWEN PURPOSE OF INQUIRY: Members of the 2001-2002 Kern County Grand Jury made the annual visitation to observe the facility and to review current procedures and practices. The Division Director of Camp Owen was interviewed, a tour provided, and a delicious meal was enjoyed with the boys (Wards). LOCATION: Camp Owen is located a mile north of Kernville, at 14401 Sierra Highway, on fifty-six acres of mountainous terrain overlooking the Kern River, and across from the State Fish Hatchery. FINDINGS: Camp Owen was founded in 1938 with forty Wards. The Camp was named for Superior Court Judge Erwin Owen. The Wards made adobe blocks for the large buildings providing much of the labor. The Camp is a non-secure 125 bed residential institution for the rehabilitation of delinquent male minors between the ages of fourteen and eighteen. It is currently at capacity and is operated by the Kern County Probation Department. There is a full time staff of thirty-eight, with six vacancies, which provides a one to fifteen ratio. Over one hundred volunteers are an important part of the success of Camp Owen. For example, one church group for the last twenty-two years has delivered ten homemade cakes the first Friday of every month to help the boys celebrate their birthdays. The ethnically diverse Ward population has a history of delinquency; over 98% of them struggle with substance abuse. Complete medical and dental care is provided as well as psychiatric services, therapy, and substance abuse counseling. The Camp’s unique rehabilitation function is manifested through a program of discipline, education, counseling, guidance, work experience, vocational training (including auto, woodshop, and construction), athletics, and handicrafts. Most Wards spend half of their day in school and the other half at work. Often they advance educationally three grade levels in five months. The boys work at maintaining the camp, taking care of the grounds, preparing meals, laundry, animal husbandry, and community projects. Much of the camp’s food is raised on site by the Wards. This includes their milk, beef, pork, eggs, fruit, and vegetables. A two and a half acre vegetable garden and orchard, 13 cows milked twice daily, the raising and slaughtering of hogs, chickens and beef as needed, even an aviary, furnish special opportunities to learn and enjoy the value of work.

The average stay for a boy is about five months. Behavior, prior history of criminal activity, commitment offenses, drug/gang history, and other related factors determine the length of stay. Each Ward must earn a total of seven hundred points in order to go home. They can earn up to six points a day by exhibiting good behavior at work. School, and with their interpersonal relationships. The camp counselors evaluate each Ward’s progress twice a day. Bad behavior can result in loss of points and privileges. The camp program is designed to give each Ward an opportunity for a successful experience in group living in a stable environment. The program contains six components as follows: Work experience: The work of maintaining the camp and other projects is meaningful and very productive. The Wards see the direct results of their labors. School: All Wards are required to attend school unless they have already graduated from high school. The school is operated by the Kern County Superintendent of Schools. Teachers work year round and provide individualized curricula for each Ward. Counseling: Each counselor has four to seven Wards on both an individual and group basis. Wards may advance to less restrictive levels based on conduct and acceptance of responsibilities. Recreation: Recreational opportunities include outdoor sports, games, and hobbies. The emphasis is on teamwork, sportsmanship, and physical conditioning. Medical Services: Complete medical and dental care is available. A registered nurse is on staff. Community Services: Wards work at the State Fish Hatchery and participate in a variety of community projects and are appreciated by the local townspeople for their help. COMMENTS: Camp Owen is in need of a new mess hall. The current one was constructed in the 1940’s and built to accommodate only sixty-five Wards. The present population of Wards is 125. Each Grand Jury for the last seven years has recommended the construction of a new mess hall. Staff members are to be commended for their willingness to become licensed to enable the Wards to learn special skills, i.e., meat inspectors. They wear many hats thereby enriching the Wards’ experience at Camp Owen.

Counselors are required to have two years of college (preferably an A.A. degree in criminal justice) or since it is a working ranch, four years of work experience in animal husbandry, construction, etc. By nature of the remote location of Camp Owen and the experience required to work there, the entry level pay of $10.00 an hour seems very low. There is only an uncovered outdoor visiting area. During inclement winter conditions or on hot summer days the outdoor environment is not conducive to visiting. RECOMMENDATIONS: �� Provide a new mess hall large enough to accommodate the existing population. �� Provide a covered visiting area to be used during bad weather. �� Increase the support staff to adjust the present ratio of fifteen to one to twelve to one. �� Bring counselor’s salaries in line with their work experience and education. RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT CORONER DIVISION

PURPOSE OF INQUIRY: The purpose of the Law and Justice Committee of the 2001-2002 Kern County Grand Jury’s visit to the Kern County Sheriff’s Department/Coroner Division was to observe the facility, interview personnel, and review current activities and procedures. FINDINGS: The Coroner must inquire into and determine the circumstances, manner, and cause of death in jurisdictional cases as enumerated in the California Government and Health and Safety Codes. The Coroner’s jurisdiction includes all of Kern County, all military installations, prisons, jails, and detention facilities. The Coroner’s Division is located in a 9,000 square foot building directly behind the Kern Medical Center. A new outpatient pharmacy for Kern Medical Center that is located in the Coroner’s former laboratory area has severely impacted accessibility. The increase in traffic has made it extremely difficult for hearses to deliver the deceased. The Coroner’s staff consists of one Division Chief, one Supervising Coroner Investigator, seven Coroner Investigators, four Reserve Investigators, one Senior Secretary, one Medical Secretary, one Autopsy Assistant, and one Receptionist. One Deputy Public Administrator and two Property Control Officers assist the Coroner in his other responsibility as Public Administrator. The Public Administrator administers estates if no executor or administrator is appointed or available. Estate property is safeguarded by the Public Administrator until an executor or administrator is appointed by the Court. All eight of the Coroner Investigators are Peace Officers as described in Section 830.35 of the California Penal Code. They are required to meet the same rigid background investigation, psychological examination, and physical examination as a Deputy Sheriff in order to obtain and retain their position as a Coroner Investigator. They must maintain the same Peace Officer Training and Standards (POST) requirements as all other California Law Enforcement Officers. They are also authorized to carry firearms with required training. Of the 4500 deaths in Kern County, 2100 were investigated by the Coroner’s Office. An investigation can involve traveling through rough terrain to reach a death scene, often in adverse weather conditions. Not only is the cause of death determined, but also the

identity of the decedents is established, followed by the extremely stressful task of locating and notifying the next of kin. A Coroner’s investigation also includes ordering and attending autopsies, preparing investigative reports, answering calls where there is a death by violence or a death for which a licensed physician will not sign the Death Certificate, interviewing witnesses, and checking medical records and other sources to gather information necessary to ascertain cause of death. They also take photographs, prepare fingerprints of the deceased, and arrange for specialists (toxicologists, bacteriologists, etc.) as needed. The Coroner conducts inquests, takes charge of the deceased’s property, appears as a witness in court, and cooperates with all law enforcement agencies in obtaining evidence in cases of violent death. Autopsies can last anywhere from one and half-hours for a natural death to four hours for a homicide. As noted above, specialists are brought in when necessary. Unfortunately, equipment must also be brought in, specifically x-ray machines. The smell from the autopsies can be quite powerful at times creating a difficult work environment. Two of the Kern County Coroner Investigators are part of the Disaster Mortuary Operational Response Team. This group has been gathered and trained by the Federal Government to respond to disasters anywhere in the world. Most recently they were involved in New York City assisting in the aftermath of September 11, 2001. It is also important to note the great service that is provided by the four reserve Coroner Investigators who make it possible to respond anywhere in the over 8,000 square miles of Kern County. The Coroner’s Office provides several education programs. These classes are for in-service to first responders including law enforcement, fire service, and ambulance personnel. Mandatory Sudden Infant Death Training is taught for the Basic Peace Officer Academy. Career health students at several high schools and medical students at three local colleges also receive instruction. Several drug and alcohol presentations are provided for juveniles in custody, Day Court, Rafer Johnson School, Star Academy, Alcohol Abuse (Believers in Jesus), Celebrate Sober Campaign for high schools, and Victim Impact Panel for individuals arrested for driving under the influence and minors in possession of alcohol or drugs. Presentations are also provided for numerous service and private organizations throughout the County. COMMENTS: The State of California has the highest death rate in the United States. California reported 230,000 deaths last year. The next closest state was Florida with 120,000. California has the best-trained and most experienced coroners, often in demand by other states for their expertise. As the third largest county in California, Kern is fortunate to have eight of those highly qualified coroners. It is amazing that men and women doing such a necessary and vital job, under less than ideal circumstances, facing daily hazards,

and using the same investigative skills that any law enforcement officer would, have not earned the same recognition and retirement benefits from the Board of Supervisors. The reserve coroner investigators are down to four. With such a vast area to cover, it is certainly to Kern County’s advantage to keep that number up to at least the previous six. Smells are a natural part of a coroner’s job. It is imperative that everything possible be done to keep these odors at a minimum and away from the office, especially during the warm summer months. The parking and accessibility to the Coroner’s facility has become increasingly restricted due to the new outpatient pharmacy. The highest priority should be given to the Coroner and his staff for parking and deliveries. The Coroner’s Division is to be complimented for the efforts they make to educate the community. An impressive amount of time and space has been made available to alert Kern County to the dangers of drug and alcohol abuse. RECOMMENDATIONS: �� The Board of Supervisors should award safety retirement and benefits to all Coroner

Investigators assigned to the Coroner Division of the Kern County Sheriff’s Department equivalent to other Kern County law enforcement officers.

�� An x-ray machine should be on site permanently. �� Two additional Reserve Coroner Investigators should be hired. �� Parking and accessibility to the Coroner’s facility should be addressed as soon as

possible. �� Examine the existing air conditioning and exhaust systems to make certain that

everything adheres to State and County standards. RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

CARL SPARKS S heriff-Coroner Public Administrator

SHERIFF'S DEPARTMENT Telephone (661) 391-7500 COUNTY OF KERN

1350 Norris Road Bakersfield, CA 93308-2231

March 18, 2002

Judge Arthur E. WallacePresiding Judge Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301.

Dear Judge Wallace:

Subject: Response to the Grand Jury Final Report

CORONER'S DIVISION

Recommendation: The Board of Supervisors should award safety retirement and benefits to all Coroner Investigators assigned to the Coroner Division of the Kern County Sheriff's Department equivalent to other Kern County law enforcement officers. Response: The Sheriffs Department is communicating with the County Administrative Office regarding our desire to provide safety retirement benefits for our full-time, paid Coroner Investigators. The law in this area is complex and there are differences of opinion in interpreting these statutes and their application throughout the state. We hope to resolve this issue satisfactorily in the near future.

Recommendation: An x-ray machine should be on site permanently. Response: The Coroner's Division has been in contact with Kern Medical Center administration. Kern Medical Center has agreed to provide a portable x-ray machine to the Coroner's facility when the next one becomes available. We appreciate Kern Medical Center's support. The current remodel on the Coroner's morgue will have a centrally located storage room with a large door to be converted to a future x-ray room. Training on the x-ray machine would be handled by Kern Medical Center under an existing agreement for x-rays.

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Judge Arthur E. Wallace March 18,2002 Page 2

Recommendation: Two additional Reserve Coroner Investigators should be hired. Response: The Coroner's Division currently has one new Reserve Coroner Investigator in training and another is undergoing a background investigation. If the background investigation is approved and the individual meets the other necessary requirements for the position, he will begin training.

Recommepdation: Parking and accessibility to the Coroner's facility should be addressed assoon as possible. Response: The Coroner facility has experienced increased parking problems with the opening of the new Kern Medical Center Outpatient Pharmacy and the new Public Health Department building. The Coroner staff has met with Kern Medical Center Security staff to assist in the monitoring of the parking issues around the Coroner's facility, especially at the morgue entrance. Other options are being discussed with the General Services Department because of the increased amount of traffic around the Coroner's facility.

Recommendation: Examine the existing air conditioning and exhaust systems to make certain that everything adheres to State and County standards. Response: The Coroner's facility is currently undergoing a complete remodel of the morgue and body storage area. A new and different ventilation system will be implemented and a special autopsy area will be used for bodies that are decomposed or suspected of containing a communicable or contagious disease.

Sincerely,

Carl Sparks Sheri ff-Coroner

E342.cs

cc: Adel Klein, CAO Grand Jury

PLEASE ADDRESS ALL COMMUNICATIONS TO THE SHERIFF

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KERN COUNTY SHERIFF KERN VALLEY SUBSTATION

PURPOSE OF INQUIRY: The purpose of the Law and Justice Committee of the 2001-2002 Kern County Grand Jury’s visit was to observe the facility, interview personnel, and review current activities and procedures. FINDINGS: The Sheriff’s Substation at Kern Valley is responsible for over 1,000 square miles. The census reports a population of 20,000 residents, but due to the recreational nature of Lake Isabella, the population can soar between 30,000 to 60,000 on weekends. Kern Valley Substation, which includes the city of Lake Isabella, reports a very low crime rate, mostly characterized by domestic disturbance complaints and crimes against property. There is no identified gang activity. On the weekends, however, the large number of vacationers and the amount of alcohol consumed can create problems. The staff at the substation consists of one sergeant, two senior deputies, and seven deputies. They work very closely with the California Highway Patrol, the California Department of Fish and Game, the Forest Service, the Bureau of Land Management, and the Parks and Recreation Department to protect and serve the visitors and residents of Kern Valley. No other substation has the cooperation they have with so many outside agencies. Lake Isabella has a large retirement population that is very active in the community. Between 35 and 40 volunteers make up one of the finest Citizen Service Units (CSU) in the county. These volunteers run errands, transfer property between substations, and are the eyes and ears of the substation. There are also four volunteer reserve deputies who have all the responsibilities, powers, and training of regular deputies. The CSU is also responsible for the “R U Okay?” program which is very helpful to the community. Citizens sign up and each day a phone call is made to their home by a computer at the substation to determine that they are all right. If they don’t answer, or answer that something is wrong, a deputy is dispatched to their home. Each day, 365 days a year, a CSU volunteer mans the computer while over sixty calls are made. In the six years the program has been in existence, three lives have been saved.

COMMENTS: The Sheriff’s Substation at Kern Valley is a fine example of law enforcement. They have established a great working relationship with the community. The deputies are concerned and proud of the work they do. The reciprocal action they share with other agencies is cooperation at its best. The Substation is to be commended for an excellent job. NO RESPONSE REQUIRED

KERN COUNTY SHERIFF’S PROPERTY ROOM PURPOSE OF INQUIRY: The purpose of the Law and Justice Committee visit to the Kern County Sheriff’s Property Room was to observe the facility, interview personnel, and review current activities and procedures. LOCATION: The Kern County Sheriff’s Property Room is located in central Bakersfield. FINDINGS: The Kern County Sheriff’s Property Room is open Monday through Friday, 8:00 a.m. to 5:00 p.m. A staff of three, a sergeant, and a commander run the Property Room. All evidence in criminal cases is stored at this location and at an annex directly behind the building and across the railroad tracks. Presently, the main building is also being utilized by Reprographics and Elections. Although only the staff is allowed inside the Property Room, Reprographics comes in each day at 7:00 a.m. and has keys to rooms on the main floor and upstairs. Elections also has access to the main floor and basement. At one place in the basement, all that separates Elections from the Property Room is a chicken wire type wall. All three agencies share an elevator and a staircase. When the Property Room is closed, evidence is placed in lockers, that when closed, can only be opened by the staff inside of the Property Room. However, large pieces of evidence are tagged and left outside of the Property Room in an open area that is accessible to many. The staff is responsible for over a quarter million pieces of property. Also, stored in the Property Room is new officer equipment (bulletproof vests, helmets, etc.). One of the duties of the Property Room staff is to log and keep track of who has what.

Evidence will be stored until released by the courts. Any evidence involved in a homicide is kept forever or for the life of the criminal. The Property Room has purchased a $57,000.00 Management System for their computer, which will allow them to do inventories. They plan to have this up and running by the end of October 2001, and hope to have their first inventory completed by the end of this year. There hasn’t been an inventory done for twenty years. Staff members are working on a procedural manual. This department has never had one. The Property Room has contracted with Property Bureau.com recently to auction off disposable evidence. This company picks up, cleans, and even tries to locate the lost owners of items. They then split the proceeds 50/50 and the money is returned to the Sheriff’s Department. This system is far more lucrative and easier than when they conducted the auctions themselves. In the past, guns have also been auctioned off to licensed gun dealers. Over $200,000.00 has been made and returned to the Sheriff’s Department in the last ten years. This money has been used to arm the Sheriff’s Department at a significant savings to the county. Narcotics and guns are stored downstairs in the basement. Narcotics needed as evidence are stored in a room with an exhaust fan. This room also has a fan blowing into it from the main basement during work hours. When the Property Room is closed, a large steel door seals the narcotics room. After the weekend, the room is so pungent with fumes that it’s not possible to work in it until midmorning. Even with the fan running, the smell is very noticeable and staff only works in there an hour or two at a time. Narcotics that are no longer needed for evidence are stored in a room next door and in the annex. They can be kept there for up to a year waiting for the annual trip to Long Beach where they are burned. There is no ventilation at all in this room. The annex is a sheet metal building about 50 yards behind the main building. Perimeter beams and door contacts guard against entry; heat detectors are used for fire protection. The inside was clean and housed various types of evidence. A large quantity of narcotics was also stored there. COMMENTS: The Kern County Sheriff’s Property Room is struggling to maintain security and has been for a long time. A Grand Jury Final Report published in 1997 mentioned the same problems that this Committee noticed. Namely, the need for space and security.

While the Committee was downstairs the odor from the Narcotics Room was very apparent. The room that had no ventilation was particularly noxious. According to the California Regulatory Code Section 66261.4, the air in a room where narcotics are housed has to be changed seven to ten times an hour. One fan doesn’t even begin to adequately address the issue. Also, it’s the understanding of the Committee that eye wash stations and a sink should be available to employees who work around hazardous material. Everywhere shelves were full. Evidence was shoved onto any available space. The attempt to keep evidence sorted by crime or type has been pretty much abandoned as space becomes scarce. The number of people who have access to the building where evidence is housed is alarming. Even though they don’t have direct access to the Property Room, the traffic seems far from advantageous to maintain a secure evidence trail. An inventory is long overdue and the Committee was glad to discover that it was such a high priority for the staff. A procedural manual is also very much needed. It was discovered that sergeants leave about every two years and with a manual, transition would be much easier. The staff is to be commended for working in adverse surroundings and for doing such a responsible and necessary work. RECOMMENDATIONS: �� Remove Elections Department materials from the Property Room building. �� Store New Officer Equipment in the Sheriff’s Department on Norris Road. �� Bring all evidence from the annex into the main building. �� Purchase high-density shelving to help alleviate crowded conditions. �� Ventilate the Narcotics Room so that it will be in compliance with the California

Regulatory Code. �� Provide eyewash stations and sinks so those employees will be safe when dealing

with hazardous materials.

�� Procure a Proximity Cards Electronics Access System to protect the Narcotics Room and allow all entries to be tracked.

�� Purchase video cameras to secure the outside area as long as it is so accessible to

others. �� Continue to make training in new techniques of evidence protection available to staff. RESPONSE REQUIRED: WITHIN 90 DAYS TO PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE BAKERSFIELD, CA 93301

CARL SARKS Sheriff-Coro ner Public Administrator

December 13, 2001

Judge Arthur E. Wallace Presiding Judge Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301

SHERIFF’S DEPARTMENTCOUNTY OF KERN

Telephone (661) 391-7500

1350 Norris Road Bakersfield, CA 93308-2231

Dear Judge Wallace:

Subject: Response to the Grand Jury Final Report

PROPERTY ROOM

Recommendation: Remove Elections Department materials from the Property Room building; store new officer equipment in the Sheriff’s Department on Noms Road; bring all evidence from the annex into the main building; purchase high-density shelving to help alleviate crowded conditions; ventilate the narcotics room so that it will be in compliance with the California Regulatory Code; provide eyewash stations and sinks so those employees will be safe when dealing with hazardous materials; procure a Proximity Cards Electronic Access System to protect the narcotics room and allow all entries to be tracked; purchase video cameras to secure the outside area as long as it is so accessible to others; and continue to make training in new techniques of evidence protection available to staff. Response: The Sheriffs Department has reviewed the Grand Jury’s report and essentially agrees with all of their findings, conclusions and recommendations.

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The Grand Jury's recommendations and our responses with supporting discussions are:

e Remove Elections Department materials from the Property Room building.

The Elections Department and the Sheriff's Department entered into an agreement to trade floor space. Elections will take the Sheriffs entire Property Room Annex south of the railroad tracks in exchange for all of the ground floor and basement space in the 1501 L Street building that they are now occupying. The Elections Department expects to be completely moved out of the Property Room building by mid-December.

This will give Elections total control over their own storage area and will give Sheriff total control and access to the ground floor and basement, thus enabling all necessary security procedures identified to be implemented. This is the cornerstone upon which any and all further improvements must rest. It has been a goal of the Sheriff's Department for many years.

0 Store New Officer Equipment in the Sheriff's Department on Norris Road.

We agree that departmental equipment issuance needs to be a separate function and physically separated from the evidence storage functions of the Property Room. With the newly obtained floor space that was formerly occupied by Elections, we have developed a plan to remodel the Property Room building that includes-the construction of an officer equipment storage/issuance area. This area will be physically and functionally separated from the evidence area.

0 Bring all evidence from the annex into the main building.

With the exchange of floor space with Elections that has already occurred, the evidence and property that was stored in the annex has been moved into the Sheriffs Property Room.

Q Purchase high-density shelving to help alleviate crowded conditions.

Some of the property is very amenable to high-density storage and some is not. We have evaluated our storage needs and are in the process of purchasing shelving that best meets ourneeds.

Q Ventilate the Narcotics Room so that it will be in compliance with the California Regulatory Code.

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Vendors are being consulted as to the best method to ventilate the Narcotics Room and the cost to install those solutions. This will be given a very high priority and will meet safety regulations.

0 Provide eyewash stations and sinks so those employees will be safe when dealing with hazardous materials.

This is an important consideration and will be a part of our general overall planning for building space utilization and will be designed to meet all OSHA requirements.

e Procure a Proximity Cards Electronics Access System to protect the Narcotics Room and allow a11 entries to be tracked, and;

Purchase video cameras to secure the outside area as long as it is so accessible to others.

One of the key elements of our upgrade of the Property Room is the security hardware and systems. The basic security alarm system that is now in place is quite effective, so far as it goes. However, much more needs to be done, including video monitoring of the outside areas and lobby as well as inside the storage area if an alarm is triggered. High security property such as guns, narcotics and cash will be monitored and recorded all of the time. Additionally, entry to those high security areas will have electronic access that records all entries.

0 Continue to make training in new techniques of evidence protection available to staff.

The department will continue to allocate funding for such training and assure that employees regularly attend such training. The other side of purchasing and installing improved security hardware is developing and implementing new and improved security procedures. Training along with a policy and procedures manual. will be the only way to assure the highest level of security possible and the two functions must be accomplished together.

Other comments

Several observations made by the Grand Jury also deserve some comment. We have currently purchased a new electronic property management system from Quetel and it is in the installation phase as of this writing. We anticipate that it will be fully functional by January of 2002. We had expected it to be operational by the first week of November, but the computer server was damaged in shipment and is being replaced by the carrier. No reliable inventory could have ever been accomplished with the prior two systems. Once

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a11 of the contents of the Property Room have been identified and entered into the Quetel system, it will be possible to perform an annual inventory and, when necessary, provide capability for an audit.

The report indicated that when surplus or released property was auctioned the proceeds went to the Sheriffs Department. It should be corrected that all proceeds, except those from firearm auctions, go directly to the County General Fund to add to taxpayer contributions towards the operation of the county government and services. The firearms auction revenues are deposited into a county controlled trust fund and are used to purchase service weapons for armed department personnel, alleviating taxpayers of that burden to a great extent.

On December 11, 2001 the Board of Supervisors authorized the addition of two new employees for the Property Room and the authorization to transfer $210,000 within the Sheriff's budget to purchase equipment and remodel/upgrade the Property Room. The new positions are essential to separate the officer equipment function and to handle the Property Room workload that has doubled over the past 20 years without a corresponding increase in staffing during that time.

The department and those employees affected find substantial merit in the Grand Jury's report and appreciate the hard work that they performed. We also appreciate their kind words about some of our recent past efforts to improve this operation. We will be striving to assess

Sincerely,

and implement

Carl Sparks S heri ff-Coroner

E205 . cs

cc: Adel Klein,Grand Jury

CAO

this valuable information as expediently as is possible.

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BOARD OF SUPERVISORS

SUPERVISORS Jon McQuiston ................ District 1 Steve A. Perez ................. District 2Barbara Patrick ............... District 3Kenneth W. Peterson ...... District 4Pete H. Parra ................... District 5

DENISE PENNELL CLERK OF BOARD OF SUPERVISORS

Kern County Administrative Center 1115 Truxtun Avenue. 5th Floor

Bakersfield, California 93301 Telephone 661-868-3585TTY Relay 800-735-2929

January 8, 2002

Arthur Wallace, Presiding Judge Kern County Superior Court 1415 Truxtun Avenue Bakersfield, CA 93301

Dear Judge Wallace:

Transmitted herewith is the Board of Supervisors' response to the findings and recommendations within the 2001-2002 Grand Jury's Final Report on the County's Sheriff's Department Property Room.

The Board of Supervisors thanks the Grand Jury for its thorough review and report on this County facility and its operations.

Sincerely,

Steve A. Perez, C h a i d Kern County Board of Supervisors

Attachmentt

LJ-29

Kern County Board of Supervisors Response to Grand Jury Final Report

KERN COUNTYSHERIFF'S DEPARTMENT PROPERTY ROOM

Response to Findings:

The Board of Supervisors notes that the findings are substantially correct.

Response to Recommendation:

The Board of Supervisors concurs with the Sheriffs response to the Grand Jury regardingits recommendations.

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MESA VERDE COMMUNITY CORRECTIONAL FACILITY

PURPOSE OF INQUIRY: The purpose of the visit by the Law and Justice Committee of the 2001-2002 Kern County Grand Jury was to observe the facility, interview personnel, and review current activities and procedures as mandated by Penal Code 919(b). It states therein that the “Grand Jury shall inquire into the condition and management of the public prisons within the county”. LOCATION: This facility is located at 425 Golden State Avenue in Bakersfield. FINDINGS: Mesa Verde Community Correctional Facility (CCF) is a Level I minimum-security prison. It is privately owned and has been in operation since 1989. There are currently 340 male inmates housed within eight dorms. A prisoner can only be at Mesa Verde for eighteen months, the average stay is six to eight months. Convictions are for nonviolent crimes, usually drug related. Mesa Verde is a “program facility”, meaning that the inmates there are engaged in productive work or education. Although the inmates are allowed to wander at will during the day, traveling freely from dorm to eating area to the outside exercise yard, they are also involved in either furthering their education or work details. Adult Basic Education classes are offered, as are remedial courses in reading, mathematics, and grammar, along with classes in English as a Second Language, and even basic computer science. They also have the opportunity to earn their General Education Diplomas (GED). Work consists of general maintenance both inside and outside, equipment maintenance, food preparation, and woodworking. Mesa Verde provides many opportunities for the inmates to interact positively with the community. Over 200 buses for Kern High School are washed and waxed for just the cost of supplies. The produce from their garden is donated to local missions. Two crews of seven each, work with the Kern County Waste Management Department recycling tires. At Christmas time, toys are made and donated to the “Toys for Tots” program. Inmates also participate in “Alternative Choices”. This is a program where inmates share their wrong choices with children designated “at risk”. Mesa Verde is impressive not only because of its appearance, but also because of its staff. Seventy-four full time and fifteen part time employees make a real effort to stay personally available to the inmates. Friendly and interested interactions between staff

and inmates are the norm. Attempts are made by both staff and volunteer groups to help the prisoners stay involved, interested, and busy. Menus are not only nutritious, but the food itself is colorful and varied. Three hot meals are provided daily. COMMENTS: Although turnover in employees is high; over 100% in the last year, Mesa Verde has turned that into a positive. They treat it as an opportunity to give members of the community training and access to the Correctional Officer field of employment. The facility is very clean, its grounds attractive. The staff is interested in helping the inmates succeed. It is a place where prisoners truly have a chance to change their lives through education and training. Inmates are aware that they have earned the opportunity to be at Mesa Verde and that the privilege can be lost. The positive interaction between inmate and community is truly invaluable. It is good to see men who have committed crimes against society return something to that society. The efforts of the staff to that end are commendable and are to be encouraged. NO RESPONSE REQUIRED

NORTH KERN STATE PRISON PURPOSE OF INQUIRY: The purpose of the visit by the 2001-2002 Kern County Grand Jury was to observe the facility, interview personnel, and review current activities and procedures as mandated by Penal Code 919(b). It states therein that the “Grand Jury shall inquire into the condition and management of the public prisons within the county”. LOCATION: The North Kern State Prison is located at 2737 West Cecil Avenue, Delano, California 93216. FINDINGS: North Kern State Prison is one of eleven Reception Centers. It was built in 1991, opened in 1993, and can house over 5,000 inmates. North Kern is the first stop for inmates from eight counties entering the prison system. Their average stay is fifty-seven days. During that time they are tested, treated medically, evaluated, and then assigned to one of the thirty-three prisons in California. Depending on their crime, length of prison term, results of testing and evaluation, they will be assigned to a Level 1 (minimum security), Level 2 and 3 (medium security), or Level 4 (maximum security) facility. North Kern also has about 1000 Level 3 inmates that make up the General Population. They are assigned to the maintenance (e.g., kitchen, housekeeping) of the inside of the prison. Some are given the opportunity to further their education level or to learn new skills, such as landscaping, upholstery, mechanics, and carpentry through vocational training. About 300 inmates are designated Level 1. They are considered the lowest security risk and consequently do all the outside work, planting, and upkeep. They are also contracted out to work with Cal Trans, the Fire Department, and various parks in the community. COMMENTS: The staff at North Kern is justifiably proud of their prison. It is an extremely clean, well-organized, even attractive place. The employees are very professional. Their knowledge and skill levels are commendable. Also impressive is the staff’s involvement with the community at Christmas time. Over 200 stuffed bears are collected and distributed personally to nursing homes, women’s shelters, and children in hospitals.

It was disappointing, however, to find out that the “Scared Straight” program was no longer in use at this prison. “Scared Straight” was used to help deter adolescents designated “at risk” from continuing a pattern of behavior that might result in incarceration. That program or something like it would appear to be a real deterrent to crime and a useful asset to the community, especially with regards to the youth. The Grand Jury was glad to discover that so many programs were in place to give the Level 1 inmates a chance to give something back to the community. Not only does it save the taxpayers money, but it would appear to also build self-esteem, and an increased respect for this country. NO RESPONSE REQUIRED

TAFT CORRECTIONAL INSTITUTION PURPOSE OF INQUIRY: The purpose of the visit by the 2001-2002 Kern County Grand Jury was to observe the facility, interview personnel, and review current activities and procedures as mandated by Penal Code 919(b). It states therein that the “Grand Jury shall inquire into the condition and management of the public prisons within the county”. LOCATION: The Taft Correctional Institution is located 1500 Cadet Road, Taft, California 93268. FINDINGS: Taft Correctional Institution (TCI) is a Federally owned prison that is operated by a privately owned company, Wackenhut Corrections Corporation. It is a low security facility that currently houses 2,331 male inmates, which puts them over their stated capacity of 2048 inmates. They accommodate the extra prisoners by putting a third bed in the normal two-bed cubicles. TCI has three housing units and each unit is comprised of two dorms. In addition to the main prison, there is an unfenced, minimum-security satellite camp that houses 440 inmates. This camp allows the prisoners a lot more freedom and responsibility. Wackenhut has a performance based contract with the Federal Government regarding the Taft facility. Their income is not generated by the number of inmates they house, but rather by the way in which they house them. Consequently, during the five years that TCI has existed, the prison has scored in the top 90th percentile of all accreditations. Almost 400 employees currently work at TCI. Finding work or educational opportunities for each inmate is partially solved by the 300 inmates employed by Federal Prisons Industries, Inc., better known as UNICOR. UNICOR is a wholly owned government corporation that was formed by an act of Congress in 1934. Almost every Federal penitentiary has a UNICOR facility that makes or assembles products that are sold to the Federal government. UNICOR is entirely self-supporting, using their profits to develop new products and enhance and build new factories. They make products that are comparable in quality to anything produced by the private sector. At TCI inmates refurbish laser printer cartridges and assemble office chairs. The skills the inmates learn are very marketable once they are released. Educational opportunities at TCI are numerous. They range from meeting the needs of men who want to go to college down to men who have yet to learn to read. Vocational programs are also available, e.g., computers and woodworking. Recreational services

include both a leisure and law library, music rooms, crafts, correspondence courses, outdoor exercise, and organized league tournaments. Complete medical services are also available to the inmates including both doctors and dentists. An extensive commissary provides many items very inexpensively. Personal sundries, clothing, foods and beverages, even ice cream can all be found. All profits from the commissary have been used to enhance the recreational facilities available. Tennis, volleyball, handball, bocce, and basketball courts are there, along with a soccer field and a baseball diamond. Recent complaints this year from the inmates about the quality of food led this Grand Jury to ask to eat lunch the day of the tour. The food was attractive and tasty. The kitchen was clean and the prisoners were actively involved in preparing the next meal. Menus are prepared by a dietician and are varied and nutritious. COMMENTS: Taft Correctional Institution is a very well run prison. The staff is experienced, informed, and dedicated. The buildings are attractive and very clean. The inmates exhibited pride in their work and accomplishments. Walls in the visitor’s center were covered with beautiful murals. Hand made pottery lined the shelves in the craft room and wooden toys were displayed proudly in the wood shop. There is a wealth of talent and skill among the inmate population. The staff is to be commended for how well they have tapped into, utilized, and promoted these skills. NO RESPONSE REQUIRED