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LAW AND JUSTICE COMMITTEE

MISSION STATEMENT The mission of the Law and Justice Committee is to comply with Penal Code §§919(a) and 919(b) which state “The Grand Jury may inquire into the case of every person imprisoned in the jail of the county on a criminal charge and not indicted” and “The Grand Jury shall inquire into the condition and management of the public prisons within the County.” The Committee also responds objectively to inmate and citizen complaints pertaining to prisons and law enforcement agencies.

Jack Brewer, Kimberly Ballew, Peggy Reynolds, Dwight Reynolds -

Chairman

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LAW AND JUSTICE COMMITTEE

SUMMARY OF ACTIVITIES This year, the Law and Justice Committee toured 31 separate agencies and wrote reports on 28 of these. The agencies included eleven Kern County Sheriff’s Substations, four State prisons in Kern County, two “Return to Custody” facilities, two animal shelters, four police departments, four juvenile “lock-up” facilities, Kern County Central Receiving, Lerdo Detention Facility, the District Attorney’s Forensic Crime Lab, the Kern County Sheriff’s Property Room and Kennemer Halfway House. The Committee would like to commend the staff we encountered at the various departments within the county. The supervisors were very cordial and open in providing information about their respective operations. This year’s Law and Justice Committee visited all of the active Sheriff’s substations and found the Sergeants at each to be both professional and enthusiastic. It is gratifying to know that Kern County has such people working for the citizens of the county.

BAKERSFIELD POLICE DEPARTMENT PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Bakersfield Police Department (BPD) to inquire into the management and operation of the BPD pursuant to Penal Code §925a. PROCESS: The Committee met with the Crime Prevention Supervisor and Community Relations Specialist, as well as other BPD clerical staff. The BPD is presently under going renovations to the existing building. Many departments were relocating to other office spaces within the facility which may be the reason the Committee met with few Police officials. BACKGROUND / FACTS: The BPD main facility is located at 1601 Truxtun Avenue, Bakersfield, CA 93301. FINDINGS:

F1. In the past, the registration area also served as the traffic division. Now it registers court ordered sex, arson, drug and gang offenders residing in the City of Bakersfield.

F2. The property room became computerized in 2002 using a bar code system. As new

evidence comes in, the older evidence is housed in an off-site facility until needed. Only property room personnel have access. Unclaimed property is periodically sold on the PropertyRoom.com website and children’s bicycles are donated to the “Build a Bike” program.

F3. The Records Department has two management systems: Hard copy (paper files) dated

back to 1939 and since 2002 an electronic system stores approximately 60,000 documents per year. The Subpoena unit receives and processes approximately 20,000 subpoenas per year.

F4. The Communications Center (Center) has 12 new work stations. The Center staff takes

in approximately 750,000 calls each year with 205,000 being 911 calls. The funding for the 911 system comes from the State Office of Public Safety and telephone taxes. In the past cellular calls went directly to the California Highway Patrol dispatch center for routing. Now they are routed depending upon which transmitter tower received the call. The Center also has Install Telephone and Radio Recovery capabilities which allow the technician to play back a conversation to better understand the content.

F5. The Internal Affairs office has relocated to the south side of City Hall allowing for

better access to the public and staff. Community Crime Prevention will be moving from their offices to the former Internal Affairs office. The Crime Prevention Unit also analyzes crime data and administers the Neighborhood Watch Program.

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury would like to thank the Crime Prevention Supervisor and Community Relations Specialist for the tour. RECOMMENDATIONS: None The Bakersfield Police Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. NO RESPONSE REQUIRED.

CALIFORNIA CORRECTIONAL INSTITUTION X

PURPOSE OF INQUIRY: On August 24, 2010, the Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the California Correctional Institution at Tehachapi (CCI) to inquire into the condition and management of the facility, pursuant to Penal Code §919(b). PROCESS: The Committee was met by the Litigations Coordinator and escorted to a meeting with the acting Warden and numerous CCI management personnel. The Committee reviewed the recommendations from past Grand Jury Final Reports and sent a list of tentative questions to be addressed by the CCI staff. Subsequently, an extensive tour was taken of the facility and the Waste Water Treatment Plant. BACKGROUND: The CCI in Tehachapi is the third oldest Correctional Institution in California, only San Quentin and Folsom are older. In 1929, the legislature passed a Bill authorizing the purchase of 1,650 acres in Tehachapi for a female institution. The institution opened in 1933 and was placed under the jurisdiction of San Quentin. A few years later Tehachapi became part of the California Department of Corrections and was named the California Institution for Women. Following an earthquake in 1952, the institution sustained extreme damage and was closed. The inmates were transferred to the newly constructed California Institution for Women in Frontera. The institution was repaired and reopened in 1954 as a men’s prison. CCI is located on 1,650 acres at 24900 Highway 202, Tehachapi, CA 93581. Currently the population for the facility is approximately 5,900 inmates. FACTS: CCI consists of five facilities. Unit I is a Minimum Security Sensitive Needs (SNY) Facility. Unit II is a Medium Security Facility with dormitory style housing. Unit III is a Reception Facility in which inmates are screened to determine in which institution they will be assigned. Unit IVA and IVB are maximum Security Facilities, allowing for the safety of both the staff and inmates.

A. The total intake for the CCI for the period of January 1, 2010, to the time of the

visitation is 3,528. This number equates to 110.25 inmates per week B. The education program for CCI was cut by $250,000 and teachers went from 84 to 51.

There are 11 educational programs including the possibility of inmates getting their GED. There are five models for the educational services provided with a capacity for 1,338 inmates. Tehachapi Mountain Adult School was awarded a six year Western Association of Schools and Colleges accreditation through June 2012, for access by Level I, II, VI A, and VI B inmates. The Education Department received the ‘Excellence Award’ for its educational program for 2002 and 2007.

C. Unit I has City Crew that assists the City of Tehachapi in renovation projects

throughout the city. The City of Tehachapi utilizes a crew of up to 10 inmates by providing the wages of only one officer. Inmates from Unit I are assigned to the CCI Fire department at the Institution under the supervision of a Fire Chief and Fire Captains. CCI Fire Department has entered into a mutual aide agreement with the County of Kern Fire Department and are dispatched to traffic collisions, medical emergencies and fires in the area.

D. Level II has 141 cameras that are utilized as part of the “Prison Rape Elimination Act

(PREA) of 2003”. These cameras provide recordings for future review if needed. The CCI PREA Program has received national recognition for its efforts.

E. Substance abuse programs took cuts resulting in a 90-day model, with on-going

assistance on an out-patient basis after the inmate is released from prison. These programs started in mid-2010. CCI is in its second 90 day cycle. Phoenix House is the drug abuse program used.

F. The cost per inmate averages $44,000 per year. G. Energy conservation efforts at CCI have yielded a significant reduction. In 2008-2009,

CCI underwent an extensive perimeter fence lighting retrofit construction project reducing electrical consumption. This combined with other lighting projects has reduced electrical consumption by approximately 59%. Additionally, CCI has installed Flushometers on the toilets of all the cells that has yielded a 25% reduction in water usage.

H. The community volunteer program at CCI remains active and continues to provide

services to the inmates. Services include self help programs, religious services, Narcotics and Alcoholic Anonymous, St. Vincent de Paul Society, and Incarcerated Veterans Group.

I. There are no cameras in the CCI Pharmacy; however, all CCI staff have undergone

“Live Scan” fingerprinting and background checks prior to employment, including the Pharmacy personnel.

J. According to staff within the medical department, the centralization of medical records

has begun which will expedite the Electronic Unit Health Record (E-UHR) initiative. E-UHR allows for all inmates’ health records to be centrally scanned. The scanning process is scheduled to begin by mid-October and should be completed within six weeks.

K. The SNY (Sensitive Needs Yard) provides an environment for inmates who are unable

to safely function in a traditional unit. Inmates in the SNY are screened by staff and are usually ones who have left and renounced their gang affiliation or been convicted of crimes that would make them a target of other inmates.

L. The Waste Water Tertiary Treatment Plant is scheduled for completion on October 30, 2010. This process will allow the local agricultural community and private individuals to purchase recycled water, saving the Tehachapi-Cummings County Water District annual allotment.

M. Despite budget short-falls, the Incarcerated Veterans and Substance Abuse Programs

are still in effect; however, they are functioning on an abbreviated level. N. CCI staff is mandated to take three furlough days a month and in April, 2010, a 3%

redirect program. The program redirects 3% of its staff removed from assignments and used to replace vacancies and sick leave positions reducing the amount of overtime. On June 15, 2010, the State increased the redirect assignments from 3% to 5%. On June 30, 2010, the State reinstated the 3% redirect.

O. On January 20, 2010, SB X3-18 became law allowing eligible inmates to earn

milestone credits resulting in a shorter term. P. SB X3-18 also identifies some non-serious felons who will be eligible for non-

revocable parole. These inmates will not be reporting to a Parole Agent and cannot be “violated” and sent back to prison. These parolees would have to be convicted of a new crime for them to be incarcerated again.

FINDINGS:

F1. Current issues regarding funding for the various functions of the State continue to impact CCI and the inmates housed there. The budget cuts involved modification in how the vocational, substance abuse, and other programs are provided. As the prison is in its second 90-day cycle, it is too early to measure the impact of these abbreviated programs.

F2. A two-story building that houses Level One inmates was built in 1933. The individual

cells were designed for one inmate per cell; however, currently there are two inmates per cell. This structure was destroyed to the extent that it lost the stories above the second level in the 1952 earthquake. This facility is being maintained; however, when funds are available for new dormitories it would appear prudent to raze this structure as it is cramped and necessitates constant upkeep.

F3. The staffing calls for an additional 108 Correctional Officers. As funding is available it

is desirable that these positions be filled so as to reduce the reliance on the overtime work schedules. The enhanced use of PIE (Permanent Intermittent Employee) could result in a savings to the California taxpayers by reducing the use of overtime for the current staff. The PIS programs could be likened to the substitute teacher concept.

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited and inspected the CCI were greeted with the utmost courtesy and professionalism by the Warden and his staff. The Warden extended his invitation for us to have full access to the facility and to see

any area that we were interested in viewing. We were accompanied by department supervisors who were both courteous and professional in their conduct. It was further noted during our time on site that the inmates appeared to be highly responsive to the directions given by prison staff. The grounds and buildings were kept in a high level of upkeep and care. RECOMMENDATIONS: None The California Correctional Institution should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. NO RESPONSE REQUIRED

CAMP ERWIN OWEN PURPOSE OF INQUIRY: On September 2, 2010, members of the 2010-2011 Kern County Grand Jury, including the Law and Justice Committee (Committee), visited Camp Erwin Owen (Camp) to inquire into the management and operation of the Camp pursuant to Penal Code §919(b). PROCESS: The Committee and other members of the Grand Jury met with the Chief Probation Officer, Deputy Chief Probation Officer, the Director and the Deputy of the Camp. An overview of the Camp was presented followed by a question and answer session. The members of the Grand Jury were taken on a tour of the facility which included lunch and an opportunity to interact with the Camp wards. BACKGROUND/FACTS Camp Erwin Owen is located at 14401 Sierra Way. Kernville CA. 93328. The Camp is a non-secure juvenile forestry camp for male juveniles committed by the Juvenile Court. The Camp is designed to accommodate 125 wards between the ages of 14 to 18. Although the Camp concept was designed to provide a six month program for wards, the average stay is 12 weeks. Built in 1939, the camp was named to honor Judge Erwin Owen, Kern County’s first juvenile court judge. Wards are housed in two residential halls: Baumiester Barracks built in 1948 and Durant Barracks built in 1983. A land swap in December 2009 between the U.S. Forest Service and Kern County allowed the county to acquire the 56 acres of the facility. The added land area allows room for a new Mess Hall. Construction is scheduled to begin in October 2010.

A. On the day of our visit, there were 109 wards being housed. Two additional wards were scheduled to arrive during the day.

B. The daily maintenance cost for each ward is $150.00 per day. Parents or guardians are

advised that they may be liable for allowable maintenance costs of up to $870.00 per month. The monthly fees include medical, dental, and/or counseling services and reimbursement for legal expenses.

C. Pursuant to Welfare and Institutions Code §903.45(b), the parents or guardians of the

ward are ordered to report immediately to the probation department Financial Evaluation Officer in order to assess their ability to reimburse the county for expenditures made on behalf of the minor.

D. The Camp Erwin Owen High School is administered by the Kern County

Superintendent of Schools. Most wards arrive at the Camp with an educational level deficiency of approximately two grades.

E. The Camp is operated on a behavioral/achievement awards system. Each ward is evaluated at a personal risk factor and assigned a point level between 360 and 720 points. Based upon the individual ward’s Camp behavior, school performance, homework completion, work performance and related actions, points are deducted from the assigned risk level for positive performance, or points are added for inadequate performance. When the ward achieves zero points, he is eligible for release from the Camp. Any gang related problems result in the addition of 100 points and disciplinary action.

F. Visitation is permitted on Sundays. The length of the visitation is dependant upon the

individual ward’s behavior levels. G. Counseling sessions including anger and aggression management, substance abuse, and

grief counseling are provided. The Camp facilities provide for vocational training in the following areas: janitorial, landscaping, plumbing, welding, agricultural, animal husbandry and auto mechanics.

H. A nurse is available seven days each week from 7 a.m. to 5 p.m. I. During 2009, volunteers at the Camp provided 2,954 hours of service. Religious

services were conducted by volunteer clergy members both Catholic and Protestant. Youth for Christ volunteers also visited the Camp.

J. The wards participated in 1,961 hours of community service in 2009. Activities

included work at the annual rodeo as well as cleaning of parks and camp grounds. Gravesites at the local cemetery were cleared of debris.

K. Fruits, vegetables, livestock and chickens for their eggs are raised at the Camp for their

own consumption.

FINDINGS: F1. Observation during the visitation indicated that wards were attentive to staff in both

classroom settings and unstructured areas. F2. Recidivism rate is reported to be between 30 and 35 percent. F3. Appropriate short term vocational training is available at the Camp. F4. The average stay at the Camp program is 12 weeks.

COMMENTS: The Law and Justice Committee commend the staff for a well maintained and efficiently-run facility. In addition, it was noted how respectful and courteous the wards were towards the visitors. The Committee appreciated the ward who toured with the visitors. RECOMMENDATIONS: NONE. Camp Erwin Owen should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases NO RESPONSE REQUIRED

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CITY OF RIDGECREST POLICE DEPARTMENT

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Ridgecrest Police Department (Department) at Ridgecrest on November 9, 2010, pursuant to Penal Code §§919(b) and 925a. PROCESS: The Committee met with the Police Chief and the Captain at the Department for an interview and tour of the facility. FACTS:

A. The Department has 32 Police Officers which include one Chief, one Captain, six Sergeants, and 24 Officers. The Department also has eight Reserve Officers. There are also 14 civilian employees used for record keeping, dispatch, etc. All officers work a “4-10” shift. There are 15 to 16 Explorer Scouts that volunteer for the Police Department.

B. The Department has two narcotics officers which are the only two on the east side of the County. The City has approximately 56 sex offenders residing within the City limits. It is an additional duty of the narcotics officers to track these individuals.

C. The area of coverage for the Department is the City limits of Ridgecrest (21 square miles) with a population of approximately 28,000.

D. There is no major drug or gang activity within its jurisdiction.

E. The Animal Shelter is also under the control of the Chief of Police. The Police Department has two K-9 Units which were purchased through public donations and will assist the Sheriff’s Deputies upon request.

F. The Department has a program entitled “Teen Court” through a local church. This is for first time juvenile offenders and is managed by the Probation Department. The local Deputy District Attorney acts as the Judge and teen members who have successfully completed the program act as jurors.

G. The tour of the facility included the Squad Room, Armory, Evidence Room, three cells, two fingerprint live scanners, and two interview rooms which are video equipped. The tapes are generally stored on the monitors for 30 days before being replaced. The Evidence Room is using “Bar Coding” to log and inventory all evidence and/or property. The Department will store firearms for citizens upon request as a public service, at no cost.

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H. By February or March, 2011, the Chief stated they will have installed a new radio system whereby the officers will have direct contact with local Sheriff Deputies and Fire Department.

I. The Chief reported that they are anticipating a program with the local community college to set up a Ridgecrest Police Academy (Academy). They would need approximately 30 students to conduct an appropriate program.

J. Due to budget restraints, the patrol cars are an aging fleet. Many of the cars have 150,000 to 160,000 miles of service. Two new cars are expected in November 2010. The two patrol cars being replaced will be used at the Academy for training purposes. Three motorcycles are used for traffic control enforcement

K. The Department receives approximately 20,000 911 calls per year and issues approximately 5,000 case numbers annually.

L. The Chief reported that they have a good relationship with the local schools through contact with the principals and /or resource officer at the local high school.

M. There are 30 active CERT (Community Emergency Response Team) members. Over 300 have been trained for this program.

N. They have a “Policing and Community Together” program that works through four organizations with a total of 60 volunteers. The volunteers work at such activities as animal control, records, graffiti and traffic control, etc. The volunteers do over 10,000 hours of service to aid the Department each year.

FINDINGS:

F1. Since the Chief of Police took control of the Animal Shelter, the Department has been able to reduce the number of animals euthanized through an “adopt-out” program of the animals to Canada. The Department also sends dogs to specific breed rescue programs.

F2. The jurors of the “Teen Court” sentence the juvenile offenders to sentences that could be community service, a fine, letters of apology or accountability. The parents or guardians of the teen have to be involved and must be present during the Court hearing. This is done in a formal setting. The Chief reported they have a low recidivism rate due to the program.

COMMENTS: The Committee was impressed with their visit to the Ridgecrest Police Station and found it to be a well run organization. RECOMMENDATIONS:

None

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The Ridgecrest Police Department should post a copy of this report where it will be available for public review.

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

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JAMES G. BOWLES JUVENILE HALL INTRODUCTION: As per Wikipedia, “A youth detention center, also known as a Juvenile Hall, is a secure residential facility for young people, often termed juvenile delinquents, awaiting court hearings and/or placement in long term care facilities and programs. Juveniles are held in detention centers to ensure appearance in court and to protect public safety if less restrictive alternatives are not available or appropriate. A ‘juvenile hall’ is a holding center for juvenile offenders. Juvenile detention is not intended to be punitive. Rather, juveniles held in secure custody usually receive care consistent with the doctrine of parens patriae, i.e., the state as parent. The local jurisdiction is usually responsible for providing education, recreation, health, assessment, counseling and other intervention services with the intent of maintaining a youth’s well-being during his or her stay in custody.” PURPOSE OF INQUIRY: On January 18, 2011, the Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the James G. Bowles Juvenile Hall (JH) to inquire into the condition and management of the facility pursuant to Penal Code, §§919(b), 921 and 925.

PROCESS: The Committee members met with the Probation Division Director at Juvenile Hall and were taken on a tour of the facilities including Juvenile Hall, Juvenile Treatment Center and Pathways Academy. BACKGROUND / FACTS: The James G. Bowles Juvenile Hall is located at 1831 Ridge Road, Bakersfield, California. Juvenile Hall is operated 24 hours a day, 365 days a year by the Kern County Probation Department as a secure detention facility for minors under the age of 18 years. For the purposes of this report, the facility will be referred to as Juvenile Hall Campus (Campus) which includes Juvenile Hall, Furlough Treatment and Restitution, Central School (operated by the Kern County Superintendent of Schools) and Pathways Academy.

A. As of the date of this inspection, there are 218 minors detained in JH plus 20 females in Pathways Academy. The average age is between 15 and 16 years of age.

B. Pathways Academy is a female eight month commitment program with six months in custody and two months in furlough. However, because of budget restraints, the length of stay is now a nine to twelve weeks program.

C. Central School provides 260 minutes per day in a classroom setting. The Juvenile Treatment Center Office has a Visual Monitoring System in all areas of the school

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which includes six modular classrooms. These classrooms were built 30 years ago as temporary classrooms. Juvenile Correction Officers are present in the classroom area.

D. The Administrative Section operates electronic communications, the medical facility, laundry and the kitchen area. All meals are transported to Campus from Crossroads on a daily basis. The kitchen is closed for cooking and is only used for dishwashing the trays that are returned to Crossroads. Food samples are held at Crossroads for three days to conduct testing for possible food poisoning.

E. The responsible party for the juvenile is ordered to pay a fee for their stay, if determined to be financially capable, at a rate of $870 per month.

F. Volunteers are used both from the community and religious organizations. Visitation is on Sunday for two hours and religious services are held on Wednesday.

G. Currently there are approximately 7,000 juveniles on probation in Kern County that are Wards of the Court. There are also about 1,200 adults that have turned 18 but are still on probation due to fines and/or restitution.

H. Juveniles with medical problems are treated at JH or Kern Medical Center (KMC). All nursing staff is employed by KMC and is on site seven days a week from 7 a.m. to 7 p.m. Wards having medical problems occurring after 7 p.m. are taken to KMC. Mental Health treatment is available two days a week. Medications cost approximately $50,000 per quarter through the KMC Pharmacy Department. The original cost was $100,000 per quarter until KMC assumed pharmacy services.

I. Forty percent of juveniles on medication are prescribed medicines for underlying substance abuse issues, primarily methamphetamine.

J. Hispanic gangs are currently a high risk problem. These gangs are “northern” verses “southern” and these juveniles must be kept separated. No drugs, cell phones or any contraband appears to be a problem due to frequent searches of rooms, classroom materials and visitors.

K. The juveniles are housed primarily in single bed units; however, there is a double bunk bed area for emergency housing only, i.e. Camp Owen evacuees during the Lake Isabella fire last summer where an additional 83 juveniles were housed.

L. During each fiscal year the Campus is inspected by 14 different State and County agencies.

FINDINGS:

F1. The communication alarm system from the Administrative section to the Juvenile Treatment Center is operational. However, the system is not functional from Juvenile Treatment Center back to the Administrative offices. This results in the staff inside the Juvenile Treatment Center having to use radios for emergency communication.

F2. The Campus appears to be well organized, well supervised and operated smoothly.

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COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited the Juvenile Hall Campus would like to thank the Probation Division Director and Central School Principal for an enjoyable and educational visit.

RECOMMENDATIONS: R1. The alarm system mentioned in F1 should be placed on high priority upgrade to operate

in both directions for the safety of the Juvenile Correction Officers and the juveniles housed in Pathways.

The Kern County Probation Department should post a copy of this report where it will be available for public review.

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY DISTRICT ATTORNEY’S OFFICE FORENSIC SCIENCE DIVISION

X

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Kern County District Attorney’s Forensic Science Division (Crime Lab) on March 22, 2011, to observe the facility and review activities pursuant to Penal Code §925. PROCESS: The Committee met with the Supervising Criminalist, Senior District Attorney and thereafter the Chief Criminalist for an informational meeting and subsequent tour of the facility. BACKGROUND / FACTS: The Crime Lab was established in 1966 as the Sheriff’s Crime Lab. At the Crime Lab’s inception it was operated by one analyst. The Chief Criminalist was the second employee hired by the Sheriff’s Crime Lab. In 1987, the Crime Lab was transferred from the Sheriff’s Department to the District Attorney’s Office. In 1999, the Crime Lab moved to its present location at 1300 18th Street, Bakersfield, CA 93301. The secured offices and laboratories are on the fourth floor and cover an area of approximately 24,000 square feet. The Building was leased in 1997 with a 20 year lease. The Crime Lab is divided into separate laboratories to analyze a variety of evidence including: breath and drug analysis, trace evidence, toxicology, latent prints and fire arms analysis. The instrument rooms contain equipment that saves valuable time in the analysis process. The equipment’s lifespan is approximately seven years. The Crime Lab leases this equipment for five years at a time limiting the need for replacement and service. Most of the monies used to purchase the Crime Lab’s equipment comes from Federal grants. The Crime Labs budget is approximately two million dollars a year. Due to the popularity of television dramas and increased involvement of family members, attention continues to be focused on cold cases. The National Institute of Justice currently defines a cold case as any case whose probative investigative leads have been exhausted. Recent advances in DNA (deoxyribonucleric acid) technology has allowed officials to take a fresh look at these cases. Along with these technological advances, the creation of the Combined DNA Index System (CODIS) has improved the chances of solving colds cases with DNA. FINDINGS:

F1. The Crime Lab employs 38 employees with eight additional positions authorized to be filled when the budget permits.

F2. The Crime Lab processes approximately 50,000 cases a year.

F3. The Crime Lab provides services, at no cost, to over 2,900 law enforcement staff from city, county, state and federal agencies, which includes sworn law enforcement, prosecution, public defense, courts and custody personnel.

F4. The Crime Lab had a 76% CODIS “hit” rate for the Pilot Property Crime Project. And

in 2010, the lab uploaded 206 profiles into the CODIS and obtained 106 “hits.” F5. The Crime Lab recently submitted an application to the National Institute of Justice for

a cold case grant, “Solving Violent Crimes with DNA.” This application is a collaboration between the Crime Lab, Kern County Sheriff’s Department (KCSD), Bakersfield Police Department (BPD) and the District Attorney’s Criminal Division.

F6. The total Cold Case grant requested is $499,550. The grant would provide the KCSD

and BPD monies to review cases and add two Lab Technicians to perform preliminary screening for biological trace evidence.

COMMENTS: The Committee was impressed with the facility and would like to thank the staff for their dedication and informative visit. RECOMMENDATIONS:

R1. The District Attorney’s office needs to maintain a close relationship with the Bakersfield Police Department and the Kern County Sheriff’s Department for their monetary support of the Crime Lab functions, as the services provided those departments are invaluable.

The Kern County District Attorney’s Office should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY PROBATION DEPARTMENT KENNEMER CENTER PROGRAM

INTRODUCTION: In 2000, the people of California passed Proposition 36 having the goal of diverting people convicted of certain drug offenses from the traditional form of incarceration. 2010 figures from the California Department of Corrections and Rehabilitation show offenders in traditional incarceration are successfully diverted 35% of the time. In Kern County, Prop 36 offenders who enter the Kennemer Center Program are reported to have a divergence rate of 65% as measured at the end of the program. This report examines the Kennemer Center Program. PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Kennemer Substance Abuse Treatment Center (Center) in Bakersfield, pursuant to Penal Code §§925 and 933.6. PROCESS: On October 19, 2010, the Committee met with the Parole Agent and on-site manager of the facility. After an interview and discussion of the program the Committee was given a tour of the grounds and buildings, including the kitchen, a ‘client’ dorm room, check-in/out room, and salon/barber shop. A follow-up interview was conducted on October 25, 2010, at the Grand Jury Interview Room, with two Kern County Probation Officers who have placed probationers in the Kennemer Center program. BACKGROUND / FACTS: The Center is a facility operated by Turning Point of Central California, Inc. which is a private non-profit organization that has facilities throughout California. The Center conducts residential alcohol and drug recovery services, predominantly for parolees; however, the probation department has probationers in the program as long as they are also on parole. (No one is in the program unless they are on parole.) The Center is located at 1100 Union Avenue, Bakersfield, California 93307. Turning Point operates five community correctional programs in south central California. These programs are all similar in nature and have operated for over 25 years. Their goal is to provide services designed to reduce the recidivism of offenders returning to a life of crime. The Bakersfield Reentry Program’s focus is to secure employment, housing, and integration back to the community. This program provides a variety of additional services to include a Batterers Program, Victim Awareness Training, Substance Abuse Programs, Literacy Lab, and programs to assist clients in all phases of life management skills. Mental health services are provided by the Psychiatric Alternative Resources program that includes assessment, service plans, psychiatric, medication, and case management services to adults with chronic and persistent mental illness and co-occurring substance abuse disorders.

Felony Drug Court is offered to individuals who (1) are ineligible for Penal Code §1210.1(a) (Prop 36) and would be sentenced to prison; or (2) have failed Penal Code §1210.1(a), and due to a prior prison history would return to State Prison. Drug Court Participants: Dual status probationers and parolees are allowed to participate at the Center if his/her parole agent grants the parolee an opportunity for a six month in-patient treatment. Felony Drug Court (Sentence): The Court rules on 60 to 90 days in local custody and defendants return to court for sentencing. Court sentences defendant to state prison for an agreed upon suspended sentence. After sentencing, the defendant is released to report to Probation; the defendant will be placed in residential treatment for up to six months in-patient treatment. The defendant will test at the District Attorney’s Crime Lab four times a month and will report to the Probation Officer weekly for office conferences; the defendant will attend monthly progress hearing in Court to keep the Court informed as to his progress. If not for the Center, the probationer/parolee would have to go to the Kern County Mental Health Department for placement. The Center is very cost effective to the County as the Center is privately run and is paid for by the State. All of the drug testing is done by the Center, again cost effective as each test costs $45.00. For those offenders who have been granted Penal Code §1210.1 probation and are on parole, the Center can become an option. The offender’s parole agent must secure a space in the program. The six month RMSC program (Residential Multi Service Center) is the only Kennemer residential program that will satisfy the Penal Code §1210.1 treatment component. The offenders submit to their Court-ordered drug testing through the program at no cost to the County.

A. The Center serves approximately 120 adult clients at any given time, in various levels of treatment.

B. The Center is funded by the state with one parole agent on-site eight hours a day. Two probation officers have probationers in the program and they do periodic visits of the facility to check on their clients.

C. The services provided to the probationers are at no expense to the county as those individuals are also on parole.

D. New clients arriving on-site receive a Program Handbook which includes an overview of the program and rules required for participation by attendees. This handbook requires the participants to sign the documents indicating that they understand and accept the rules.

E. Residents are restricted to the facility for the first 30 days unless accompanied by an approved escort. Residents are to remain at the center at all times unless they have a valid medical emergency, are required to appear in Court, or are given special permission by the Program Director or Supervising Counselor.

F. The first 90 days in the program is broken down into three phases. The first 30 days the client is not allowed to leave, with the second 30 days a more relaxed schedule, while the third 30 day period being utilized to work at getting the client incorporated back into society.

G. Clients who complete the first three months learn and practice the necessary skills to gain sobriety and stability in their day to day life.

H. As the client progresses through the program, the level of restriction decreases. Increased participation in community support programs is encouraged to transition the client into a stable, healthy lifestyle.

I. Clients who complete all phases have created a solid foundation for continuing an alcohol and drug free lifestyle and becoming productive community members. Clients who are allowed to leave for weekend visits must be available by land-line telephone up to two hours a day, so they may be called by their parole agent/probation officer.

J. All clients are subject to search and seizure on a 24-hour a day basis. Commission of any serious crime including driving under the influence automatically ends their participation in the program.

K. At the end of the initial restriction period, eligible residents may be involved in approved client activities. When leaving the facility residents must sign out and upon returning must sign in, at which time they will be tested for drugs and alcohol. This testing is done at no county cost.

L. The standards for successful completion of the full program are high. Program participants who do not complete the full program still receive benefits from their time in treatment. The Center provides a continuum of care for the California Department of Corrections and Rehabilitation. The Center offers parolees and probationers an opportunity to move through clinical phases while reintegrating back into society after lengthy periods of incarceration.

M. Enhanced activities on weekends include family visitation, spiritual opportunities, recreation, movies, shopping, exercising, and reading books in the on-site library. The participants are encouraged to write journal entries on activities that took place that day.

N. The Center offers services for females dealing with self-esteem, parenting, women’s issues and recovery needs of a family.

O. Prescription medications will be controlled. It is the client’s responsibility to inform their health professional that they cannot take medications that contain stimulants, muscle relaxants, antispasmodics, barbiturates, tranquilizers, and narcotic analgesics. Alternative medicines must be used. Over the counter medications are allowed as long as the resident gets a letter from their physician indicating a need for such medication.

P. Medical treatment is conducted at Kern Medical Center and is funded by the Medically Indigent Fund.

Q. The number of people housed per room is dictated by the fire Marshall and Facility Director. All clients are responsible for the upkeep of their own rooms.

FINDINGS:

F1. All the different programs available for the clients at the Center appear to be thorough and are currently reported to be meeting participant needs.

F2. The facility appeared to be clean and well maintained.

F3. The programs provided to the probationers are a great benefit to the County of Kern and at minimal cost to the County.

F4. Education and job employment opportunities are a great deterrent to the life of crime.

F5. The success rate for those completing the program is 65%, according to the Program Director.

COMMENTS: The Committee was impressed with their visit to the Center and would like to thank the Program Director of the Center and the Parole Agent for their time, and commend them for their professionalism and knowledge displayed during the visit. The Committee would also like to express their appreciation to the two Deputy Probation Officers who took time to meet and inform the Committee of their association with the Center. Their input was very much appreciated. The Committee visited the Drug Court on December 6, 2010, to ensure how it relates to the Center. RECOMMENDATIONS:

R1. To preserve continuity and cost savings, the Kern County Probation Department should maintain its current relationship with State Parole to enter Dual Status people into the Kennemer Center Program.

The Kern County Probation Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury.

RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

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KERN COUNTY SHERIFF’S DEPARTMENT BUTTONWILLOW SUBSTATION

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Buttonwillow Substation (Substation) on February 14, 2011, pursuant to Penal Code §§ 919(b) and 925. PROCESS: The Committee members met with the Sergeant in charge. An extensive tour was provided of the Substation, to include the old (no longer in use) holding cells within a detached structure off the west end of the Substation. BACKGROUND / FACTS: The Buttonwillow Substation began in the 1930’s with a deputy working from his home. In the early 1950’s a Substation was built next to the Buttonwillow Justice Court at Miller and First Street. The Substation had two attached holding cells. In 1956, it became a two man Substation and had the use of canines, which was the only Substation outside the Bakersfield area to have the use of dogs by the deputies. In the 1960’s the use of the jail was discontinued due to new state regulations. A sergeant was added to the substation in 1971. The Substation is located at 181 East First Street, Buttonwillow, California and it provides law enforcement services to the northwestern portion of Kern County. This includes the townships and communities of Buttonwillow, Lost Hills, Blackwell’s Corner, Keck’s Corner, Spicer City, Devil’s Den, and the unincorporated areas of Shafter and Wasco. The area encompasses approximately 2,400 square miles.

A. The Substation has bicycles for use in local area patrol as directed by the sergeant. B. The bikes were donated by the Buttonwillow Community Foundation. C. The deputies enjoy a good working relationship with allied agencies in the area

including the California Highway Patrol, Shafter Police Department, Fish and Game, and the boundary county law enforcement agencies of Kings, Tulare, and San Luis Obispo counties.

D. The Substation is staffed by one sergeant, one senior deputy, and six patrol deputies.

E. There is one full time and one extra help Office Service Technician (OST) at the front

office. The area has a counter for greeting civilians with a non-bullet resistant glass divider window.

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F. In addition to the staff at the Substation, the office also provides one deputy assigned to bailiff duties for court security at either the Delano or Shafter Superior Courts.

G. The substation is an unreinforced masonry structure that was built in the 1940’s. It has

suspended gas heaters and window A/C units. It is a reasonably large facility with no holding cells or designated interview room.

H. At the back of the Substation is a partially paved, chain link fenced parking area.

Additionally, there is open parking for personal and deputy vehicles.

I. There is an active CSU (Citizen Service Unit) that has 15-20 individuals with 4-5 very active members.

J. There is one four wheel drive vehicle for use by the deputies which is often used during

inclement weather. During the rainy season the soil develops a more mud-like consistency and may cause vehicles to become disabled.

K. The major crimes in the area include agricultural and oilfield thefts. Family violence

and drug abuse are also issues that the deputies have to deal with on an increasing basis.

L. There is an office within the Substation building that is designated for use by the Kern County Supervisor of the Fourth District.

FINDINGS:

F1. The glass divider at the front counter is not bullet resistant. F2. As the OST is often the first individual encountered, the OST needs an additional level

of security.

F3. The Substation has no formal interview room equipped with audio and video recording devices.

F4. The back parking area is not fully secured for offloading and loading of prisoners, or

for security of vehicles used by Substation personnel. The paved surface of the parking areas are weathered and in need of repair.

F5. Even though the facility is old, it appears to be well maintained.

F6. The patrol area for the Buttonwillow Substation is extremely large for the amount of

staff assigned for patrol duties.

F7. It is reported that the Fourth District Supervisor infrequently utilizes his office space. RECOMMENDATIONS:

R1. As the budget allows, bullet-resistant glass should be installed at the front counter.

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R2. To alleviate the lack of interview space at the Substation cited in F2, the Kern County Sheriff should work with the Fourth District Supervisor to develop a plan for mutual use of the Supervisor’s office at the Substation.

R3. Video and audio recording equipment should be acquired and installed in the interview

room in R2 above. Funds could possibly be derived from the inmate welfare fund.

R4. Barbed or razor wire should be installed atop the fence at the back parking area.

R5. The fence line along the south side of the building should be moved to increase the size of the secured parking area. An electronically controlled gate should be installed, thereby creating a sally-port for the security of the staff and arrestees.

R6. A Humvee or similar vehicle should be acquired through military surplus at no

Departmental cost or an appropriate four wheel drive vehicle reassigned from within the departmental inventory.

R7. As the budget allows, the Substation is in need of another patrol deputy.

The Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT CENTRAL RECEIVING FACILITY

PURPOSE OF INQUIRY: On July 29, 2010, the Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Central Receiving Facility (CRF), which also serves as the main booking facility of the Kern County Jail, pursuant to Penal Code § 919(b). PROCESS: The Committee members met with the CRF Lieutenant and Sergeant. Throughout the visit the Committee was introduced to other CRF personnel. An extensive tour was provided throughout the facility. BACKGROUND / FACTS: The CRF is a four story building located at 1415 Truxtun Avenue, Bakersfield, California. It was built in the mid 1950’s and was closed from 1993 to 1998 due to budget restraints. Some upgrades were made to the building in the late 1990’s. It is adjacent to the Kern County Superior Court building.

A. The CRF is the main booking and receiving facility in the County. Maximum capacity, both male and female, is 292. Approximately 170 inmates are processed through CRF per day.

B. Medical nursing staff is available 24 hours per day, seven days per week. Mental

health services are available seven days a week from 8 a.m. to 5 p.m. and on an as needed basis.

C. During intake processing, inmates are classified as to special needs and are segregated

for various reasons such as violent behavior, suicide, sex crimes and gang members.

D. There are 14 staff members (Sheriff Deputies and/or Detention Officers) on duty per shift with three shifts daily and a relief shift, plus two staff members available for laundry and other duties.

E. CRF has been re-wired for video cameras which will record movement throughout the

jail. The issue of the cameras was first introduced via the 2006-2007 Kern County Grand Jury Final Report and stated in each consecutive Final Report to date.

FINDINGS:

F1. Progress in installing a video surveillance system in the CRF is shown by Deputy County Administrative Officer memo dated 8/31/2010: “We are in the process of securing financing for the camera project. The original intent was to finance the entire

project. The general fund would pay half of the payment each year and the Inmate Welfare Fund would pay the other half. The dollar amount for the project, approximately $1.1 million, requires an extensive bid process by the County in order to ensure we obtain the best financing available. If the amount financed is below $500,000, the financing process is simplified somewhat and saves several months worth of time. We are currently exploring the possibility of having the Inmate Welfare Fund pay its entire half up front. By doing so, we would lower the amount to be financed, thus allowing the County to use the less complex financing method and expediting the process.”

F2. As of August 31, 2010, it was noted by the Deputy County Administrative Officer that

the Inmate Welfare Fund has $5 million dollars. Also, if they are able to obtain the financing as noted above, they could start the process within one or two months from this date.

F3. The Committee found the facility to be extremely clean.

F4. Considering inmates coming from and going to so many different places daily, the

organization to accomplish this was impressive. COMMENTS: The Committee was impressed with their visit to CRF. The Committee would like to thank and commend the CRF personnel for their professionalism and knowledge displayed during the visit. RECOMMENDATIONS:

R1. It is recommended that the Kern County Sheriff’s Department continue to pursue the financial end of securing the video cameras, related equipment and installation thereof.

The Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury.

RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT DELANO SUBSTATION

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Delano Substation (Substation) on February 7, 2011, pursuant to Penal Code §§919(b) and 925a. PROCESS: The Committee met with the Sergeant in charge and the Office Service Technician (OST). A question and answer period preceded a tour of the Substation. The tour included the lobby area, interview rooms and property room. The Committee was also able to tour the court areas which included two courtrooms, four holding cells, transportation deputies’ room and magnetometer. BACKGROUND / FACTS: The Delano Substation provides bailiffs and court security to the Delano/McFarland Branch of the Kern County Superior Court. The presence of the Sheriff in the Kern County Superior Court has been a long time requirement. The Sheriff is required to provide a safe and secure atmosphere for the dispensing of justice. Not much has changed over the years in the way these duties are performed. In recent years, the increase in the number of criminal and civil court cases has resulted in the increase volume of prisoners transported to Delano Court. Currently, there is one full-time Judge assigned to the court and a second Judge divides his time between the Delano and Shafter courts. The court is located at 1122 Jefferson Street, Delano, CA 93215.

A. The Sergeant at Delano administratively oversees both the Delano and Glennville Substations. There is a Senior Deputy who is responsible for the Glennville area.

B. The Delano Substation has one Sergeant for supervision, one OST, one senior deputy

(detective), and seven deputies. Also, there is one deputy with bailiff responsibilities who is currently paid for by the courts, one deputy tasked with security at the magnetometers entering the courthouse and one deputy tasked with bailiff responsibilities who splits time between the Delano and Shafter Courts.

C. The area of coverage (response area) for the Delano Substation alone is vast. Providing

24 hour coverage can be challenging with only seven deputies. Glennville does have a Senior Deputy assigned who has built a rapport with the communities within the area of Glennville and Woody.

D. The Substation has a room set aside for interviews. This room does not have built in

audio or video recording equipment at the Substation. E. The deputies are encouraged to use personal recording devices for all enforcement

contacts, especially if the situation looks like a problem may occur with the communication process between the deputy and any civilian(s).

F. There is open parking for the personnel of the Substation to park their vehicles. G. There are no holding cells at the Substation; however, there are four holding cells at the

Courthouse approximately 1.5 miles away to the northwest. There are no prisoners held overnight. The prisoners are brought in from the Bakersfield and Delano jails. The Senior Deputy that takes care of the Glennville area has an office at the Delano Substation and at Glennville.

H. Most of the crimes that are handled through the Substation are for rural crime, i.e. auto

theft, oilfield theft and agriculture theft. The Kern County Rural Crime Investigation Unit comes out of Bakersfield. A lot of the gang and/or drug arrests are within the city limits of both Delano and McFarland and are handled by their respective police departments.

I. The Famoso Raceway has entered into contracts with the Kern County Sheriff’s Office

(KCSO) recently to provide law enforcement services at their larger events such as the March Drags. Currently there are approximately 80 reserve deputies available. Reserve deputies can be used as bailiffs when needed.

J. The fenced parking area at the Courthouse is shared by the Sheriff, courts and the

Delano Police Department; therefore, the area is not considered to be totally under the Substation’s control when loading and off-loading prisoners for court appearances.

K. Agricultural, oilfield and auto theft calls take up a significant portion of the

Substation’s report call workload. Most of the crop theft involves grapes, oranges and various other citrus and almonds.

FINDINGS: F1. The Sergeant stated that two new holding cells will be under construction at the

Courthouse in the near future. Friday, February 11, 2011, is the scheduled beginning date of construction. This was later confirmed and construction has started.

F2. The KCSO has dedicated a Sergeant and four investigators to the Rural Crimes

Investigation Unit to specifically focus on agricultural and oilfield crime. F3. There is no security fencing for any portion of the parking lot at the Substation for

personnel, deputy and prisoner safety. F4. It is not uncommon for the Glennville Senior Deputy to receive a call for service when

he is at home from one of the residents and needs to make the decision as to whether he should respond himself, send a Delano deputy immediately or handle it when he returns to work during his normal hours.

F5. When the holding cells at the courthouse are at capacity this creates a problem as there

are only two transportation deputies and one cannot stay on the bus if it is also full of prisoners. The ideal situation would be for the “bus off-load” area to be under total

control of the Sheriff. The additional two new holding cells will help with this situation.

F6. Due to the rural nature and overall vastness of the Substation area, it is conducive to

auto thieves to bring stolen cars, trucks, and SUV’s into the Substation’s response area, strip them and many times burn them. The area in and around the City of Delano, to include southern Tulare County, has long been known for an auto theft problem.

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited and inspected the Delano Substation and courts with holding cells were greeted with the utmost courtesy and professionalism by the Sergeant and his staff, and it was an enjoyable visit. RECOMMENDATIONS:

R1. It is recommended that when funds become available another deputy be assigned to the Delano Substation.

R2. It is also recommended that video and audio recording equipment be installed in the

interview room at the Substation, as funds become available. The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT FRAZIER PARK SUBSTATION

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Frazier Park Substation (Substation) on April 19, 2011, pursuant to Penal Code §§919(b) and 921. PROCESS: The Committee met with the Sergeant in charge and the Office Service Technician (OST). A question and answer period preceded a tour of the Substation. The tour included the conference room, break room, interview room, property room, Citizens Service Unit (CSU) and squad room. BACKGROUND / FACTS: The Frazier Park Substation serves what is commonly referred to as the “mountain communities.” There are actually eight distinct communities within the service area. The service area is approximately 450 square miles. The Substation is a leased facility located at 617 Monterey Trail – Suite C, Frazier Park, CA 93225. The Substation is located 50 miles south of the Sheriff’s Office Headquarters Facility in Bakersfield. Los Angeles and Ventura counties border the Substation patrol area to the south and southwest. The area is heavily used for all types of recreation on a year-round basis. The State Park at Fort Tejon attracts 80,000 visitors annually. The Forest Service estimates the Mount Pinos Recreation Area attracts 234,000 visitors annually, with peak periods being unpredictable due to the weather. The National Forest areas are popular with campers, hunters, hikers, and skiers. The Hungry Valley State Recreational Vehicle area has about 75,000 visitors annually. Approximately 12 miles of Interstate 5 bisects the response area and includes two large areas in Lebec. I-5 is the main link from southern California to northern California and the Pacific Northwest regions. The route is a favorite for drug traffickers. Law enforcement agencies in the area seize hundreds of thousands of dollars in illicit drugs along this route annually.

A. The communities that the Substation serves are: Frazier Park, Fort Tejon, Grapevine, Lake-of-the-Woods, Lebec, Los Padres Estates, Pine Mountain Club and Piñon Pines. A conservative estimate of the static population is about 10,000.

B. The Frazier Park Substation has on staff one Sergeant, one senior deputy (detective),

six deputies, one OST and five CSUs (four of which are very active). C. The Sergeant advised the Committee that he uses reserve deputies as available. He said

he could and would use more reserve deputies, if more were available, to cover the diverse area of the Substation boundaries. He indicated that he understands a deputy is

to be assigned to the Substation through the Community Oriented Policing Services grant, commonly known as the COPS grant.

D. There are no major gang problems in the area. Drug abuse (marijuana,

methamphetamine, and prescription medications) is rampant. E. The Conference Room at the back of the Substation is available to the public, i.e.

Young Marines, School Board meetings, Mental Health meetings, Probation and Mountain Communities Coalition Against Substance Abuse (McCasa).

F. McCasa is made up of volunteers that meet once a month and focus on the problems of

underage drinking and prescription drug abuse. The coalition is made up of three pastors plus teachers and other volunteers in the area.

G. The Interview Room has audio recording capability. H. The deputies are supplied with recording devices and are encouraged to use them for all

stops, especially if the situation looks potentially confrontational.

I. There is open parking for the personnel of the Substation to park their vehicles. This area includes a back fenced area for Substation vehicle parking that contains an older small storage structure.

J. There are no holding cells at the Substation. If a deputy detains an individual(s), the

deputy can bring him/her into the Substation for an interview and if he/she is arrested, the deputy takes the arrestee to the Central Receiving Facility in Bakersfield.

FINDINGS:

F1. The entry lobby area where the OST is located is not secured. F2. Currently the Substation is short one deputy as indicated by discussions with the

Sergeant-in-charge. F3. The Substation needs a better radio system as complete radio reception service is

currently not available in some areas. F4. It appears that night vision capability would be advisable for this service area as many

areas are not lit during evening hours. COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited and inspected the Substation were greeted with the utmost courtesy and professionalism by the Sergeant and his staff and it was an enjoyable visit.

RECOMMENDATIONS: It is recommended that when funds become available that the following be provided:

R1. The entry lobby area needs a mirror placed to allow the OST to view lobby occupants

from the OST’s desk, or a bullet resistant glass window with wall enclosure at the counter should be installed (as referred to in the 2005-2006 and 2006-2007 Kern County Grand Jury Reports). Additionally, an electronic control should be available at the OST’s desk to control entry into the squad room from the lobby. The door and frame from lobby to squad room should be steel. It is also recommended that the OST be trained in the full use of radio in case of emergencies.

R2. Another deputy be assigned to the Frazier Park Substation. R3. The Substation’s communication should be enhanced to cover the entire area for deputy

patrol cars, i.e. with cell towers to boost coverage in areas of poor radio reception like Cuddy Valley. An alternative would be satellite phone service.

R4. The Substation should obtain night vision devices, possibly from U. S. military surplus

programs.

The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

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KERN COUNTY SHERIFF’S DEPARTMENT HEADQUARTERS

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Kern County Sheriff’s Department (Department) pursuant to Penal Code §925 on May 12, 2011, May 19, 2011, and May 26, 2011. PROCESS: On each of the visits, the Committee met with the Commander of Personnel Division (Commander) and was taken on a partial tour of facility. Because of the size of the facility, it took three visits to view the complex. BACKGROUND / FACTS: The Headquarters of the Kern County Sheriff’s Department is located at 1350 Norris Road, Bakersfield, CA 93308. The Department is organized as follows:

BUREAUS

A. Law Enforcement Bureau: Contains five subdivisions as follows: Patrol Division, East Area Substations Division, West Area Substations Divisions, General Investigations Divisions and Special Investigations Division. These five subdivisions are divided into ten different sections.

B. Administrative Bureau: Contains three subdivisions that include Support Service

Division, Personnel Division, and Public Services Division. Each Division is broken into ten sections.

C. Detention Bureau: Contains a Detentions Resource Pool and two subdivisions,

Downtown Services Division and Lerdo Facilities Division. These again are broken up into nine sections.

ORGANIZATIONAL INFORMATION

D. The total authorized personnel of the above-mentioned Bureaus is currently 1,286

broken down as follows: 600 Sworn deputies (down 82); 336 Detention deputies (down 22); 331 Civilian (down 56) and 19 Extra help. As of May, 2011, the total actual staff was 1,126 or 87.3% of authorized. There are 160 vacancies resulting from instructions by the Board of Supervisors and CAO to withhold $7.5 million of the total budget to avoid layoffs or furloughs.

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E. Internal Affairs calls for five senior deputies and as of the date of the inspection had only four.

F. The interior of the headquarters lobby is equipped with a concave mirror, teller type

windows and electronic doors.

G. A program entitled “CopLogic” is being used to allow citizens to file minor crime reports via internet by going to www.kernsheriff.com/OnlineReporting. This maintains a higher amount of patrol time available for deputies.

H. Technology Services Section is overseeing the final installation of servers in the Inmate

Reception Center. The cameras and related equipment should be fully functional by August, 2011.

AIR SUPPORT

I. The Air Support Unit has five helicopters and two fixed wing airplanes (a Cessna 206

and a Cessna 210) and is scheduled to operate 365 days a year as weather permits. The helicopters consist of two Hughes 500’s, two OH-58’s, and a Bell Huey II.

J. The helicopters are used primarily for Metro Bakersfield patrol, but will cover the entire

County as needed. Four of the seven aircraft in the “air wing” were acquired at no cost to the county. Every flight has a 2-man crew; there are eight total members in the air crew (five pilots and three civilian mechanics).

K. The annual budget of the air support is $1.6 million per year or 1% of total budget.

K-9

L. The K-9 Section of the Patrol Division primarily operates in Metropolitan Bakersfield,

but can be called to any area of the County. M. The dogs are primarily Belgium Malinois and German Shepherds. They are purchased

from Germany.

N. The dogs are trained to detect drugs, i.e. cocaine, marijuana, heroin, and methamphetamine. There is one K-9 unit on duty each day.

O. Only specially trained Deputies are permitted to handle the dogs. The dog lives with

the deputy and his/her family. When the dog is retired, the deputy may buy the dog for $1.00.

FORCE OPTIONS AND LAW ENFORCEMENT DRIVING SIMULATOR

P. In 2010 they received new equipment.

Q. There are ten computers per pod for a total of 40 computers.

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R. More officers are killed nationwide by traffic accidents than by shootings.

S. Simulator areas include driving and shooting scenarios. Officers in the Bakersfield Police and Sheriff’s Department undergo a minimum of 80 hours of training before they are hired, and after that, firearms and less-lethal weapons training are completed.

SWAT

T. There are two operational armored vehicles. One is military surplus. The second and

most used is a vehicle manufactured by Linco Manufacturing Co. and the money came from a Federal Grant. It can transport 12 personnel. One armored vehicle is dispatched to all SWAT calls.

BOMB SQUAD

U. The Bomb Squad currently has one commercial two axle box type vehicle which

contains two remote controlled robots.

SEARCH AND RESCUE V. This unit is well equipped with the following types of vehicles: (a) Four river boats,

(b) One Pontoon boat for diver usage, (c) One hover craft, (d) Three snow cats, and (e) One Ski-Doo.

VEHICLES IN FLEET

W. There are 650 marked patrol cars, 150 unmarked vehicles, 150 trucks, buses, etc. for a

total of 1,000 vehicles. X. Fuel cost for the above is approximately $1.7 million per year with fuel usage

approximately 59,600 gallons per month. Fuel cost has risen 14% over last year to date. Fuel was $3.07 per gallon in July 2010 and at the time of this report has risen to $3.87.

KERN COUNTY SHERIFF’S OFFICE (KCSO) ACADEMY

Y. The total hours of instruction required for graduation is 840.

Z. The cost is $2,500 per student and is paid by the student. This includes a $550

Emergency Vehicle Operation Course (24 hours) which is a defensive driving course and is conducted in Riverside, CA. Each student must pay the cost of the Academy and receives a Basic P.O.S.T. certificate on completion of the program.

AA. The training is conducted at the Kern County Regional Training Center, located

adjacent to KCSO Headquarters.

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FINDINGS:

F1. In addition to the budget constraints, the Department has not been able to fill the available deputy positions because many of the applicants have failed to meet the qualifications required of a Kern County Deputy.

F2. The Committee participated in the driving and deadly force simulators. This gave an

eye opening view of the serious nature of the training performed by Kern County Deputies.

F3. The Kern County Sheriff’s Office “Online Reporting System” through CopLogic

relieves the deputies for more patrol time, allows more direct access by the public, and reduces costs to the Kern County Sheriff’s Department.

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury would like to thank the Commander who conducted the tour of the Sheriff’s Department. Also we want to thank all of the individuals the Committee met with from the various Departments for their courtesy and informational talks and demonstrations. RECOMMENDATIONS: None The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury.

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KERN COUNTY SHERIFF’S DEPARTMENT KERN VALLEY SUBSTATION

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Kern Valley Substation (Substation) on September 2, 2010, pursuant to Penal Code §§919(b) and 925. PROCESS: The Committee members met with the Sergeant in charge. An extensive tour was provided of the Substation including three holding cells, property room and the Court facilities. BACKGROUND / FACTS: The Substation is a 25 year old building located at 7046 Lake Isabella Blvd., Lake Isabella. The area of coverage is 840 square miles within the Kern River Valley and 254 square miles in Walker Basin. The office hours are Monday – Friday from 8 a.m. to 5 p.m.

A. The Substation has three holding cells. The longest stay is 8 hours with no overnight stays. If necessary, the arrestee could be provided with a meal. If the arrestee is to be detained, they are taken to the Central Receiving Facility in Bakersfield and booked into jail. If not arrested, they are either cited or released on their own recognizance.

B. The staff includes nine Deputies, three Investigators, and one Office Staff Technician.

The Deputies are on call 24/7. The total calls for the year through July 2010 were 4,622.

C. The California Highway Patrol (CHP) leases space from the Sheriff’s Department. The

CHP has six officers and operate from 7 a.m. to 10 p.m., seven days a week. The officers of both agencies depend on each other and there is a high level of cooperation between the agencies.

D. The property room is a locked room where evidence is secured prior to being taken to

Court. The evidence is taken to Bakersfield once a week.

E. The Substation has two interview rooms, booking room, three holding cells, Court and Court personnel facilities. There are rooms available for a Probation Officer, District Attorney, Parole Agent, Judge’s chambers, break room, conference room (operations room for emergencies [e.g., fire, flood, etc.]), volunteers, deputies/investigators, reception and office staff areas. The Sally port is new and was made available through a grant. The shop holds two quad runners, two motorcycles, plus tires for all the vehicles and other equipment.

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F. The volunteer service is the largest “Citizen Service Unit” in the county with approximately 22 members, primarily senior citizens. One of their services is a program entitled “Are you O.K.?”. They have an office where they make calls to approximately 42 members of the community each day to check on them. This has been ongoing for 14 years. Volunteers also take care of the upkeep of vehicles and all work is done locally. The Kern Valley Art Association displays local artists’ artwork in the lobby. All of this is a genuine benefit for both the community and the personnel at the Substation.

FINDINGS:

F1. The building was clean and the good upkeep was evident. The personnel observed during time of inspection were the Sergeant, OST, janitor, CHP officer, Court staff and three volunteers.

F2. Since the Court is only utilized one day a week, there were a lot of empty rooms, e.g.,

parole, DA, probation officer rooms along with the Court and judge’s chambers. The Court staff was busy handling a lot of the eastern Kern County desert communities’ Court matters.

F3. The procedure used to process a Complaint is very cumbersome and time consuming.

The paperwork is sent to Ridgecrest for the Deputy D.A. to review and then is sent to Bakersfield for filing. Only 48 hours is allowed from the time of arrest to arraignment. If this time frame is not met, the arrestee/detainee is released.

COMMENTS: The Committee was impressed with their visit to the Substation and would like to thank the Sergeant for his professionalism and knowledge displayed during the visit. RECOMMENDATIONS:

R1. The Sheriff’s Department and the District Attorney’s Office need to come up with a better system to get the arrest reports and Complaints filed in a timely and more efficient manner in order to stay within the 48 hour time frame.

The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury.

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RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT LAMONT SUBSTATION

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Lamont Substation (Substation) on October 12, 2010, pursuant to Penal Code §§919(b) and 925.

PROCESS: The Committee met with both the Lieutenant and Sergeant in charge. A question and answer period preceded an extensive tour of the Substation. The tour included the lobby area, squad room, two interview rooms, property room, two holding cells, break area, the Lieutenant’s, Sergeant’s and night Sergeant’s offices and booking room. The Committee was also able to tour the Court areas which included two Courtrooms, two holding cells, transportation deputies’ room, magnetometer, and lobby area.

BACKGROUND / FACTS: The towns of Lamont and Arvin have long been population centers for the southern valley. Agriculture and related business were, and currently are, the primary industries located in the Lamont response area, with oil production/processing being second. In 1960, the City of Arvin incorporated and formed its own police department. The town of Lamont remains unincorporated. Besides the town of Lamont, the Substation’s response area includes a vast and isolated agricultural area and remote business locations. The Lamont Substation is responsible for providing law enforcement services to the residents and businesses located throughout the 493 square mile area. The Substation is also responsible for the security of the Kern County Superior Court-Arvin/Lamont Branch, which includes protection of judicial officers/court staff, the safety of court visitors, and the security of inmates in the Court Holding Unit. The Substation also operates the two holding cells in the same complex.

A. The Substation response area encompasses 493 square miles which extends west beyond I-5.

B. The Substation has two deputies on duty at all times. The shift includes three deputies during the day and two during weekend days. The night shift is between three to five deputies with an average on duty of four.

C. The Lamont Substation is the busiest Substation in Kern County. According to the “call sheet” from the Kern County Sheriff’s Department, the calls from January to July resulted in 11,014 calls generated from both citizens and officers.

D. The deputies are in the process of turning in their older Glock handguns for the latest generation model.

E. The Substation currently has one day sergeant and one night sergeant, three senior deputies, 16 deputy sheriffs, and two office services technicians. The Substation is also supplemented with an active Citizen Service Unit.

F. The night sergeant covers the south area, Lamont, Frazier Park, Taft and contracts with the city of Wasco.

G. Prisoners in the two Court holding cells do not have any overnight stays; however, the transportation deputies bring sack lunches for the prisoners.

H. Inmates are transported to the court facility by deputies that work out of the transportation unit in Bakersfield.

I. The Sergeant indicated that the level of violence by gang members has increased, particularly by Arvin gang members coming into Lamont. He stated that his station has a member that works with local youth and the Arvin Police Department. Officers go to the Arvin High School in an effort to educate students on the dangers of drugs and gangs.

J. The number of deputy calls for service has remained relatively steady over the past several months. In 2009 there were three murders, approximately 100 strong arm robberies, 250+ burglaries and 350+ auto thefts, with approximately 50 percent of the stolen vehicles recovered.

K. There are no K-9 units assigned to the Substation. However, when a K-9 unit is required it may be requested from the Bakersfield Metro area.

L. There are GPS systems in all patrol cars, which eliminates the need for deputies to utilize cumbersome maps.

M. Methamphetamine is the most widely abused drug in the Substation patrol area.

N. Citizen complaints regarding the deputies are reviewed by the Sergeant with most complaints investigated internally through contact with the aggrieved citizen and discussion with the involved deputy(s).

O. Due to the amount of traffic throughout the Substation facilities, the carpet shows wear and tear and is susceptible to soiling by dirt and mud.

P. Currently, the Sergeant encourages the deputies to carry small pocket recorders to be used particularly for felony related interviews and investigations.

Q. The Chamber of Commerce donated a commercial quality paint sprayer for the removal of graffiti. One deputy works on the weekend with juveniles to remove graffiti.

FINDINGS:

F1. As the population of the Substation area increases, it may be necessary to add another Sergeant with a concurrent increase in the number of deputies, as the budget will allow.

F2. The Substation appeared to be clean and receiving appropriate care. It would appear that new floor covering is needed and should be replaced as the budget will allow.

F3. Even though there is no K-9 unit assigned to the Substation, it may be advisable to include the use of a K-9 especially due to the number of drug related arrests, seasonal agricultural thefts, and gang related assaults.

F4. Presently, the deputies acquire and use their own digital recorders for interviewing witnesses, suspects and/or arrestees.

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited and inspected the Lamont Substation were greeted with the utmost courtesy and professionalism by the Lieutenant and Sergeant and it was an enjoyable visit. RECOMMENDATIONS:

R1. Digital recorders should be purchased using Asset Forfeiture monies. This would avoid the use of budgeted funds.

The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review.

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

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KERN COUNTY SHERIFF’S DEPARTMENT LERDO SUMMARY: As stated, in many past Grand Jury reports, the Lerdo Male Minimum complex is outdated and in a state of deterioration and disrepair. The complex consists of 22 wooden barracks with 42 beds in each. In 2007, Assembly Bill 900 was passed. The stated purpose of the bill was to address the overcrowding and reduce recidivism rate of the state prison system. “The bill authorizes up to 40,000 new state prison beds, contingent upon significant program enhancements designed to reduce recidivism.” (Solorio (D) and Aghazarian (R), et al). The Kern County Sheriff Department Request for Proposal (RFP), dated March 2008, stated “The total eligible project cost is $137,190,986. Kern County is requesting $100 million (73%) in state funding and will provide $33.1 million (24%) in cash to match and $4 million (3%) in ‘soft match’.” The Kern County Sheriff’s Department Lerdo Facility has plans for the new facility and is awaiting the Board of Supervisors decision in February of this year. PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Kern County Sheriff’s Department Lerdo facilities (Lerdo) on January 11, 2011, pursuant to Penal Code §§919(b) and 925. PROCESS: The Committee met with a variety of Lieutenants and Sergeants. The Committee was taken on a tour of the facilities. BACKGROUND: Lerdo is located at 17635 Industrial Farm Road and is divided into four separate facilities: Pre-Trial, Maximum-Medium (Max/Med), Male Minimum and Female Minimum. At the time of the Committee’s visit there were 1,232 inmates in Pre-Trial, 374 inmates in Max/Med, 630 inmates in Male Minimum and 96 inmates in Female Minimum. The Max/Med facility was originally built in 1942 and the newest facility was added to the Kern County jail system in 1987. FACTS:

A. The overall inmate population currently consists of the following racial background: 60% Hispanic; 30% Caucasian; 8% African American and 2% other.

B. All landline telephone calls to and from inmates are recorded and kept on tape. The use

of this surveillance allows Detention personnel to monitor inmate activity. C. Approximately 5% of all inmates held at the Lerdo facilities have severe mental

disorders. Substance abuse such as methamphetamine is determined to be a major factor.

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D. The infirmary has a nursing staff 24 hours a day. A doctor is on site two days a week. E. The facility offers optional program “school” that is a 90 day program from 8 a.m. to 3

p.m. which focuses on helping inmates adjust back into society. F. 90% of all inmates have gang affiliation, which continues to increase. G. Approximately 80% of the population at the facility is awaiting sentencing. H. Drugs are a constant problem and “strip searches” are only done in specific cases.

Visitations for minimum security inmates are held outside under a covered patio. Inmates are searched on their return to the facility; however, it appears that drugs are still being smuggled in.

I. The older dorm structures were built in the 1940’s and have been poorly maintained

over the years; however, due to the construction materials utilized, the buildings are very difficult to maintain. This is due to the heavy use of these buildings with each barrack filled to capacity by the prisoners.

FINDINGS:

F1. Both the Male and Female Minimum facility dorms are in extremely poor condition. Tiles are missing from walls and ceilings, a window is broken whose pieces have not been found, security fencing is not secure, etc. This results in a safety hazard for both prisoners and staff, as well as undesirable and possibly unsafe living conditions for the inmates.

F2. The Delta Four Pod houses maximum security prisoners. The second level

observation/control deck allows for physical observation only to the upper and lower cell decks.

F3. Replacement of the minimum facilities requires the Board of Supervisors to provide

approximately $37 million in order to obtain the $100 million in State funds which will only be available for a limited time.

COMMENTS: Sheriff’s Department personnel were both professional and courteous in providing information and answering questions posed by the Committee during the visit to Lerdo. RECOMMENDATIONS:

R1. Pending the outcome of AB900, rehabilitation/reconstruction of the facility is needed for the safety of both staff and inmates. The older dorm structures require replacement in order to meet state and local requirements for both safety and security.

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R2. Installation of Portholes in existing “D” pod windows would allow for the non-lethal use of pepper ball launchers to control inmate disturbances. This modification would require minimal cost. Inmate Welfare Funds could be used to offset the costs.

R3. Each member of the Board of Supervisors and the Director of Public Health should

visit the Lerdo Facility to obtain a complete picture of current minimum facility conditions.

The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT MOJAVE/BORON SUBSTATIONS

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Mojave Substation (Substation) on March 8, 2011, pursuant to Penal Code §§ 919(b) and 925. PROCESS: The Committee met with the Sergeant in charge of the Substation along with the Senior Detention Deputy of the jail. The Committee toured the Substation and the Mojave Jail. BACKGROUND / FACTS: The location of the Substation is 1771 Highway 58 in Mojave, approximately 65 miles southeast of Bakersfield. The response area is located in high desert terrain along the west end of the Mojave Desert. The Substation is also responsible for the Boron area. Locations in the Mojave/Boron response area include Mojave, Boron, North Edwards, Edwards AFB, Desert Lake, Cantil, Aerial Acres, Fremont Valley and Cache Creek. The total response area for both the Mojave Substation and the Boron area is approximately 1,741 square miles. The X-Prize space flight was won in Mojave by the famous aircraft designer Burt Rutan and his company, “Scaled Composites.” With repeated suborbital space flights from the Mojave airport, the FAA designated Mojave as the first inland civilian “spaceport” in the United States and the World.

A. The current staff of the Substations is one day shift Sergeant and one night shift Sergeant, three senior deputies, 13 deputies, one extra help Deputy and two Office Service Technicians (OST). One of the Senior Deputies and two out of the 13 Deputies are assigned to the Boron response area. Another one of the 13 Deputies and the extra help Deputy are assigned to the Mojave Court. There are also four Detention Deputies assigned to the Mojave jail.

B. Close monitoring of the budget has caused reduction of all overtime expenditures. The

cuts have limited some training opportunities and have reduced funds for purchasing. C. The amount of deputies on duty at any one time is staggered throughout the day.

Generally there are three deputies on duty during the day, increasing to four, and throughout the afternoon/evening hours it varies from five to seven. Staffing generally reduces in the early morning hours.

D. The prevalent crimes perpetrated in the area are reported to be burglaries, vandalisms,

thefts, domestic violence, assaults, drug use and drug related crimes.

E. There are two 4x4 SUVs available for off-road patrol: a Durango and an Explorer. There also are two bicycles available for bike patrol at the Sergeant’s discretion.

F. Deputies are also assigned to Edwards Air Force Base and perform full law

enforcement duties in the civilian portion of the base. G. There is one holding cell and one overflow cell in the Substation. Attached to the

Substation is the Mojave Jail. The Jail facility can house 22 inmates. H. The Jail has two areas of use: (1) as a Type 1 Jail, a temporary holding facility for up

to 96 hours, and (2) as a Court holding cell. I. There are no medical services at the Jail. A Mental Health Team evaluates

prisoners/arrestees for their mental state and/or physical condition. If warranted, prisoners/arrestees are transported to Kern Medical Center (KMC) in Bakersfield. There is no capability at the Substation nor Jail to provide mental or physical care for those in need; therefore, transport is the only option.

J. Meals are served three times a day. TV type meals are served for both breakfast and

dinner and cold sandwiches for lunch. K. The cells are monitored in the Control Room. However, there is no audio/video

recording equipment to record any incidents within the cells or hallways. There is one non-recorded interview room for inmate and attorney conferences.

L. The Mojave Court is located adjacent to the Substation. The Court has two courtrooms

and is staffed with Sheriff’s Bailiffs and Sheriff’s Guards assigned to the Substation as described in Fact A above. There is an adjacent overflow courtroom that can be utilized if necessary.

M. A new Courthouse and jail facility are in the planning stages. When plans are

completed and construction is authorized, completion could take up to two years. N. The Substation has a Citizen Service Unit (CSU) and a Reserve Deputy attachment on

location. The CSU personnel consist of 12 local residents of which approximately half are very active. They have three cars available for their use.

FINDINGS: F1. There is no designated interview room at the Substation; therefore, one of the Senior

Deputy’s offices is utilized when interviews are required. F2. The Mojave substation borders the Mojave Spaceport, which previously was the

Mojave airport. F3. There is a Humvee at the Substation for special operations, but generally not for patrol

purposes.

F4. The Sheriff has a “Memorandum of Understanding” with Edwards AFB regarding law enforcement activities on the base and/or with Air Force personnel. The Military Police have jurisdiction over military personnel on duty.

F5. The Jail is an asset to all the surrounding communities in East Kern and is operational

24/7. The California Highway Patrol and the California City Police Department book arrestees at the facility.

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited and inspected the Mojave Substation were greeted with the utmost courtesy and professionalism by the Sergeant of the Substation and the Senior Detention Deputy. RECOMMENDATIONS:

R1. Recording equipment should be installed in the Jail facility. This could limit the County’s liability. Funds could be derived from the Inmate Welfare Fund.

R2. It is recommended that the Substation designate an Interview Room and install

audio/video recording equipment. The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT PROPERTY AND EVIDENCE FACILITY

PURPOSE OF INQUIRY: On November 29, 2010, the Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Kern County Sheriff’s Property and Evidence Facility (Facility) to inquire into the condition and management of the Facility according to Penal Code § 925. PROCESS: The Committee met with the Commander and Sergeant responsible for the management of the Facility. They gave the Committee a briefing and tour of the facility. BACKGROUND/FACTS: The Facility is located behind the Superior Court building and Central Receiving Facility (main jail). The building was built in the late 1950’s.

A. The Law and Justice Committee was taken on an extensive tour of the Facility

which included the freezer, gun room, drug holding room, homicide evidence room (“ghost room”) and general evidence areas.

B. In the next few weeks, a new upgrade to the security system via Sonitrol of

Bakersfield is to be added at a cost of $23,000. This will add eight new cameras, completely alarm the building, upgrade the hard drive which will maintain the surveillance videos for up to a year and then transfer to CD which stores it “forever”. Two other upgrades are electronic locks to the safe which requires two authorized personnel to open and key card access to the building.

C. All evidence is bar coded with scheduled review of access records to ensure

certain areas are accessed by a minimum of two authorized personnel at a time. Inventory is done on all non-drug inventory at least once a year.

D. All confiscated drugs, other than marijuana, are taken to a mortuary and burned

in a crematorium. The cost is approximately $250 for 250 pounds. The marijuana that is confiscated is stored in the Property and Evidence Facility in 10 pound sample bags and kept until the case is adjudicated. Destruction of the remaining marijuana is completed by burying it to a depth of 12 to 14 feet where it loses potency within two hours.

E. Weapons mandated for destruction are destroyed between July first and July

tenth of each year. G. Recently, a new security mechanism was added to the money vault. The

electronic key entry allows for better monitoring by maintaining an entry log. FINDINGS:

F1. The second story of the facility is vacant and could be utilized for non-

enforcement agencies by General Services which adversely impacts the level of security that could be fully installed on this building.

F2. Currently the Sheriff’s Department is out of storage space and has leased an off-

site building. COMMENTS: The Committee would like to thank the Sergeant and Acting Commander in charge for their professional and informative tour of the facility. The Committee was also impressed with the organization of the property and how it was maintained in a neat and clean manner. RECOMMENDATIONS:

R1. As the budget allows, either (a) the Sheriff’s Department should be given full occupancy of the building for future expansion of evidence/property and eliminate the off site leasing for storage; (b) the glass windows and door on the “L” Street entrance should be exchanged for a full steel fire door and the windows replaced with hardened walls and no windows; or (c) security roll-up doors should be installed at the head of the stairs leading to the downstairs facility.

R2. The security upgrades mentioned above under Background/Facts “B” should be

installed as soon as possible. Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN 2nd FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

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KERN COUNTY SHERIFF’S DEPARTMENT RIDGECREST SUBSTATION

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Kern County Sheriff’s Substation (Substation) at Ridgecrest on November 9, 2010, pursuant to Penal Code, §§919(b) and 925.

PROCESS: The Committee members met with the two Sergeants and the Senior Detention Officer. The Substation is located at 124 E. Coso in Ridgecrest and was built around 1970. The Committee was taken on an extensive tour of the building. The building shows good upkeep and is clean. The Committee was shown a map of the area of coverage which borders Inyo and San Bernardino Counties. BACKGROUND / FACTS: Ridgecrest is located in the southern portion of the Indian Wells Valley and in the northeast corner of Kern County, surrounded by four mountain ranges; the Sierra Nevada on the west, the Cosos on the north, the Argus Range on the east, and the El Paso Mountains on the south. It is approximately two hours from both Bakersfield and San Bernardino. Ridgecrest evolved into a growing and dynamic community, vital to the mission of the Navy, by providing housing and services for Federal employees and contractors. Ridgecrest was incorporated in 1963 and now provides housing, shopping and services for over 40,000 people throughout the Indian Wells Valley.

A. The Substation has five cells which will hold up to a total of 14 inmates, one sobering/safety cell, two showers and one Sally port cell for temporary use. There is one television for every two cells, and every cell is monitored by a video camera.

B. The personnel of the Substation consists of two sergeants, one senior deputy, one senior detention deputy, four detention deputies, and ten patrol deputies, two of which act as Court bailiffs.

C. There are two deputy district attorneys assigned to Ridgecrest. The Court has two courtrooms.

D. Sixty-five percent of the bookings are from the City of Ridgecrest. Inmates can be held in the cells for up to 96 hours. The required meals are provided.

E. There are no interview rooms in the Substation.

F. The Substation, Ridgecrest Police Department and the California Highway Patrol (CHP) work closely together.

G. Ridgecrest Police Department provides a K-9 unit upon request.

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H. The main gate to the parking lot is in need of repair to become operational. A few prisoners have escaped from the Sally port area and run through the open gate. The exit gate is operational and secured, but not electronic.

I. The area where the transportation deputy parks the bus for the inmates has no cover.

J. According to the Sergeant, methamphetamine is the number one choice of drugs by local offenders. There are no major drug dealers in the area and there has not been a major operational meth lab or any dump site for chemicals used in the manufacturing of drugs in the area.

K. Gangs do not pose a serious problem in the area.

L. Newer programs are still in the initial discussions phase, i.e. POP – Problem Oriented Project; also, COP – Community Oriented Policing as a result of the $7.3 million grant to the Kern County Sheriff’s Department from the United States Department of Justice.

M. Kern County Sheriff’s Department sends Air 5 for search and rescue. Flight for life (Hall’s) helicopter is used for all medical evacuations.

N. One Sergeant is in charge of all off highway vehicles (OHV) assigned to the substation. All deputies assigned to off highway vehicles must complete a training program for riding techniques along with refresher training.

O. All OHV and Air 5 are deployed on Thanksgiving weekends and other holiday weekends to monitor 65,000 – 100,000 people who come to the area using their OHV and camping.

P. The vehicles available to the Substation are 18 motorcycles/quads, five 4x4 vehicles, one 4x4 Ford pickup and one RV Trailer (Toy Hauler used as a command center) during holiday weekends and for desert search and rescue. If the “High Mobility Multipurpose Wheeled Vehicle” (Humvee) acquired from the military is no longer to be used, it must be returned to the military.

Q. The Substation has a public “awareness program” at the beginning of each school year. Deputies patrol the school areas and stop motorists speeding in school zones. This is primarily used as a tool to remind the public of the speed limit.

R. The Inyokern Substation is not manned by the Sheriff’s Department. There is a fenced yard in Inyokern where the Substation keeps its OHVs.

FINDINGS:

F1. The old Inyokern Substation is being used for training deputies on the safe use of all OHVs. Also, they are attempting to have the California Highway Patrol Resident Post Office move to this location for two reasons: (1) The building and grounds would be occupied by law enforcement personnel and, (2) The CHP could give up its lease on the mobile home they currently use as an office.

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F2. The transportation bus parking area has no cover. Summer time temperatures can reach up to 130 degrees inside the bus. It takes two hours of air conditioning running time to cool the interior before the prisoners can be boarded.

F3. As this desert area continues to expand in population, it may eventually be cost effective to station a helicopter unit in this general community.

COMMENTS: The Committee was impressed with their visit to the Ridgecrest Substation and would like to thank the Sergeants, Senior Detention Officer and Transportation Deputy that accompanied the Committee on the tour of the Substation for their professionalism and courtesy.

RECOMMENDATIONS:

R1. The main gate to the parking lot needs to be repaired and/or both gates need to be electronically controlled. Also for safety reasons, the fencing around the parking area should have some type of barbed or razor wire along the top of the fence. This would supply the Substation with a secure Sally port.

R2. The Committee recommends, as the budget allows, that a car port cover of some type be permanently installed for the transportation bus. This could be a cost savings to the Department by not having to have the bus running two hours to cool down the interior prior to leaving the Substation.

The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review.

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT ROSAMOND SUBSTATION

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Rosamond Substation (Substation) on March 8, 2011, pursuant to Penal Code §§ 919(b) and 925a. PROCESS: The Committee met with the Sergeant in charge. A question and answer period preceded a tour of the Substation which included the squad room, interview room, property room, kitchen and office area. BACKGROUND / FACTS: The original Rosamond Substation was operated out of a back room at the Fire Department on Desert Street. In 1977, the Substation moved into its own building which gave the growing staff more room. This Substation would remain until 1983. In 1987, after four years of absence, the Rosamond Substation was reopened on Diamond Street. In 1996, the Substation was relocated to its current location at 1379 Sierra Highway.

A. The Rosamond Substation (Substation) response area is approximately 740 square miles and is described as follows: The southern border with LA County from Edwards AFB west to 310 St. West, back north along the mountain ridges to Tehachapi-Willow Springs Road, south to Backus Road, east to the West Gate of Edwards AFB. The Substation covers the townships of Rosamond, Willow Springs, Hidden Valley, Lands of Promise and Ancient Valley.

B. The current staff of the Substation is one day shift Sergeant and one night shift Sergeant,

two senior deputies, 13 deputies and two Office Service Technicians (OST). One deputy position is being held vacant for the Community Oriented Policing Services (COPS) program and one OST position is being held vacant as a money saving measure.

C. Currently the Substation only has three computers. The building is in good condition and

does not appear to need any reconditioning.

D. Each month the Substation receives approximately 1,100 Community generated calls and over 350 officer initiated calls. The patrol deputies drive approximately 300 miles per day.

E. Because of the budget cuts and other issues, the Substation lost two deputy positions and

one OST position. Recently the Substation was given one of the lost deputy positions

back as a COPS position. Additionally, it is harder to buy office equipment that is needed, i.e. chairs, cameras, and digital recorders.

F. Based on needs, the Substation staff ranges daily from one deputy to as many as five

deputies for short periods of time during peak activity hours. This always impacts staffing changes.

G. The major crimes perpetrated in the area runs the full spectrum. There are theft problems

coupled with violent crimes, robberies, domestic violence, drug related crimes and traffic enforcement. The majority of calls are domestic violence and drug related crimes.

H. There are no holding cells at the Substation. The arrestees are only held on-site long

enough to be interviewed and complete the paperwork prior to being moved to the Mojave Substation, which has a Type 1 jail and live scan fingerprinting equipment.

I. The Substation has a Citizen Service Unit (CSU) and a Reserve Deputy attachment on

location. The CSU personnel consist of 12 local residents and approximately half are very active. There are three cars available for CSU use.

J. The Substation has two 4x4 Durango SUV vehicles.

K. The property is leased for ten years with seven years remaining on the lease.

L. The Substation reports the use of radar for speed enforcement in school zones.

FINDINGS: F1. The Committee feels that there is currently insufficient staff at the Substation based on

the area to be patrolled. F2. Three computers are not sufficient for the needs of the Substation.

F3. The Substation was built by a local contractor specifically for the Kern County

Sheriff’s Office (KCSO). It includes “hardened” walls and ceilings for the property, evidence, and the designated interview room. There is no audio or video recording equipment in the interview room.

F4. The nature of the topography necessitates an additional off-road vehicle for use by the

Substation.

F5. The patrol cars accumulate between 90,000 and 100,000 miles before consideration for exchange to newer vehicles. The deputies are assigned cars and are able to take them home, thus reducing the amount of maintenance needed to keep the cars on the road.

F6. The CSU personnel must attend a one to two week academy which is held at either the

Mojave Airport or the Sheriff’s headquarters in Bakersfield. The CSU provides logistical support and is a valuable component of the Substation and its activities.

F7. The Committee was not shown documentation that radar equipment is properly calibrated or that the operators are certified as required by law.

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited and inspected the Rosamond Substation were greeted with the utmost courtesy and professionalism by the Sergeant. RECOMMENDATIONS:

R1. It is recommended when funds become available, another deputy be assigned to the Rosamond Substation.

R2. As the budget allows, the Substation is in need of at least two additional computers.

R3. It is recommended that when funds become available, another 4-wheel drive vehicle

with a winch installed be made available to the Substation. The 4-wheel drive vehicle needs to be narrow in width (i.e. Ford Explorer as used at the Tehachapi Substation) because of the width of the off road trails.

R4. It is recommended that when funds become available, audio and video equipment be

installed in the interview room. Also, the deputies need digital cameras and recorders for field use.

R5. The issue raised in F7 needs to be resolved.

The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT TAFT SUBSTATION

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Taft Substation (Substation) on October 21, 2010, pursuant to Penal Code §§919(b) and 925. PROCESS: The Committee met with the Sergeant in charge and was taken on a tour of the facility. The tour included the squad rooms, interview rooms, property room, Detective’s offices, lobby and Office Services Technician’s office. Within the same building are offices for a fulltime Public Defender, Deputy District Attorney, and Deputy Probation Officer. The tour also included the Courtroom and Court facilities including three holding cells for the inmates awaiting appearance before the Judge. The Substation was previously a State government building and is located at 315 Lincoln Street. BACKGROUND / FACTS: As of the date of the inspection, Taft’s Oildorado Days were underway celebrating the city’s 100th year. The area has a history of oil production dating back to the turn of the 20th century. Just north of Taft is one of the richest oil producing areas in the world. During the Harding Administration this area was part of the infamous Teapot Dome scandal. More recently, agricultural interests have become a substantial part of the economy. The Buena Vista Aquatic Recreational Area and the mountains to the south attract visitors to the area year round.

A. The Taft Substation response area consists of approximately 728 square miles that borders Ventura, San Luis Obispo and Santa Barbara Counties.

B. The Substation’s staff includes one Sergeant, two Senior Deputies, 11 Deputies and one

Office Services Technician (OST).

C. The Sergeant attempts to keep two deputies on duty at all times; however, from 3 a.m. to 6 a.m. there is typically one on duty and sometimes only one from 6 a.m. to 8 a.m. Overtime is used to keep operations going on an as-needed basis. Staff is currently down two deputies due to medical reasons.

D. One of the Deputies is assigned to track sex offenders that come under Penal Code

§290.

E. There are no holding cells at the Substation; however, there are three (two with toilet and sinks) at the Court.

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F. The Substation is also responsible for the security of the Kern County Superior Court-Taft/Maricopa Branch, which includes protection of judicial officers/court staff, the safety of court visitors, and the security of inmates in the Court Holding Unit.

G. The building (previously a State government building) was not built as a Sheriff’s

Substation.

H. Personnel of the Substation were able to acquire desks, computers, chairs, and other necessary office equipment and supplies from the State CALMMET (California Multi-Jurisdictional Methamphetamine Enforcement Team) Office which was a three year grant from the State, since terminated.

I. The necessary changes to the building were completed by Sheriff’s personnel and

inmate labor. This included painting of the inside of the building, electrical and video system installation, assembly of desks and other necessary improvements to the building.

J. The lobby is a large area of the building that affords public access to the office of the

Deputy District Attorney, Probation Officer, Deputy Public Defender and Substation.

K. The glass over the counter at the lobby area of the Substation is clear plain glass and allows the Substation OST office to be openly visible to the public.

L. There is no Sally port at the Substation. The Sally port area at the Court is one and

one-half years old and consists of a wrought iron fenced and paved area at the east side of the court building separate from the Substation. This fenced area is entered via electrically controlled slide gate and/or coded pedestrian gate.

M. The Court indoor Sally port hallway allows access to three cells and a transportation

deputy station.

N. As of the date of inspection there is no CSU (Citizens Service Unit) usage at this Substation.

O. All deputies have upgraded their handguns to the newer version of Glock semi-

automatics.

P. The Sergeant indicated there are an increasing number of crimes taking place involving off-road vehicles.

Q. Currently the Substation has no cross country/4-wheel drive vehicles, e.g. Jeep,

Hummer, or ATV’s at this station; however, there is one Dodge Durango available for use at the Sergeant’s discretion.

R. The Sergeant’s office and hallway are visible to the public from the lobby area.

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FINDINGS:

F1. The Deputy assigned to monitor Penal Code §290 sex offenders currently keeps track of approximately 50 known offenders in the Taft area and monitors any offenders moving into or out of the area. As of 2006-2007, Taft City set strict standards on where such offenders may reside.

F2. Since there are no holding cells at the Substation, the Deputies use City holding cells at

the Taft Police Department as necessary.

F3. The hallway that allows access to the Court Holding Cells is narrow and appears to be too confining. The building design is not amenable to change without a major building renovation.

F4. The plain glass at the Substation’s counter where the OST works and receives

pedestrian traffic is not bullet proof.

F5. The doors in the lobby area with the clear class could be tinted for privacy and add a level of security.

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited and inspected the Taft Substation were greeted with the utmost professionalism and courtesy by the Sergeant and the deputies on duty. RECOMMENDATIONS:

R1. The glass part of the lobby area of the Substation should be replaced with bullet proof glass as a safety precaution as the budget allows.

R2. Because of the influx of off road motorcycles and ATVs being used by the public in the

area, four wheel drive/cross-country vehicles should be purchased for use by the deputies. Funding can be derived from the Off Highway Vehicle Fund and/or through grants.

R3. The clear glass mentioned in finding F5 should be tinted.

The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury.

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RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT TEHACHAPI SUBSTATION

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PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Kern County Sheriff’s Department Tehachapi Substation (Substation) on March 8, 2011, pursuant to Penal Code §§919(b) and 925. PROCESS: The Committee members met with the Sergeant in charge who conducted a tour of the facility. BACKGROUND / FACTS: The Tehachapi Substation covers 572 square miles of the unincorporated area around the city of Tehachapi including Sand Canyon, Old West Ranch, Cummings Valley, Keene, Hart Flat, and Caliente. Stallion Springs and Bear Valley Springs have their own public safety agencies.

A. The Substation is located at 22209 Old Town Road in the community of Golden Hills. The area includes several small service districts and property owners associations; among these are: Golden Hills, Alpine Forest, Cummings Valley, Mountain Meadows, Sand Canyon, Cameron Canyon, Hart Flat, Keene, Bealville, and Old West Kern.

B. The Substation also provides mutual aid to allied agencies in the Tehachapi Valley

when requested to do so. Those agencies are: Tehachapi Police Department, Stallion Springs Police Department, Burlington Northern Santa Fe Railroad Police, Bear Valley Police Department and the California Highway Patrol.

C. Presently, the Substation employs one Sergeant, two Senior Deputies, seven Deputies

(one Deputy is in field training) and two Office Services Technicians (OST). There are usually two deputies on duty at any given time.

D. The Citizen Service Unit (CSU) has been active for over fifteen years.

E. In the winter months the area occasionally has snow conditions. This brings large

numbers of visitors to the area, creating its own unique problems. The visitors often cut fences and trespass. The summer months bring off-road enthusiasts, generating additional calls for service.

FINDINGS:

F1. There are no holding cells nor secured interview rooms at the Substation. There is no

audio/video recording equipment at the facility.

F2. Arrestees are brought to the Substation only to complete paper work, conduct interviews and/or to complete drug or DUI examinations.

F3. The Substation is currently in a leased building under a five year lease to 2015. F4. The Substation shares the site with the Golden Hills County Roads Department. F5. There is no gate to separate the entry from the rest of the substation. The OST has no

security from the public. F6. The CSU provides valuable services to the Substation.

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited and inspected the Tehachapi Substation were greeted with the utmost courtesy and professionalism by the Sergeant and staff. RECOMMENDATIONS:

R1. It is recommended that an interview room be established at the Substation with audio/video recording equipment, as space and funds become available.

R2. To provide security for Substation personnel, an electronically controlled gate and

audio/visual recording equipment should be installed at the counter area.

R3. The OSTs’ desks should be oriented to allow a direct view of the public access entrance.

The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN

KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

KERN COUNTY SHERIFF’S DEPARTMENT WASCO SUBSTATION

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Wasco Substation (Substation) on September 7, 2010, pursuant to Penal Code, § 925. PROCESS: The Committee members met with the Sergeant in charge who led an extensive tour of the Substation. BACKGROUND/FACTS: In 1981 the City of Wasco entered into a contract with the Sheriff for law enforcement services within the city limits. In addition to their other law enforcement duties, Sheriff’s deputies began providing a full range of traffic safety services. All of the officers of the defunct Wasco Police Department were brought into the Sheriff’s Office. In 1984 deputies assigned to the Wasco City Substation became the first Sheriff’s Office personnel to use radar for traffic enforcement. For a short time the Sheriff’s Office continued to operate the Wasco County Substation from the Shafter Courthouse and the Wasco City Substation from the police department building at 764 E Street in Wasco. In early 1982 the two stations were combined in the Wasco police building. This facility was already too small for the clerk, 12 deputies, four senior deputies, sergeant, and lieutenant then staffing the station. The operation continued to work from this facility until 1985 when it was moved to the current location (748 F Street), a refurbished fire station at the corner of 8th and F Streets. This move brought the station directly across the street from the original substation of the 1930’s. The current population of the city of Wasco is over 25,000. The city encompasses approximately four square miles and includes the Wasco State Prison.

A. As of the date of this inspection, the staff consisted of one Sergeant, 13 deputies, two senior deputies and three Office Staff Technicians (OST).

B. The Substation does not have a holding cell; however, any arrestee may be secured via

handcuffs and leg cuffs that are fastened to the benches bolted to the concrete floor. The benches are located at the back of the Sheriff’s Substation. If arrestees are to be detained, they are taken to the Central Receiving Facility in Bakersfield and booked into jail. If not arrested, they are cited and released on their own recognizance.

C. The City of Wasco has a contract with the Kern County Sheriff’s Department to provide policing services for the city. The Sheriff’s Department and the City of Wasco are in the process of securing another five year contract as of the date of this inspection.

D. The facility and adjacent parking in the back of the Substation belongs to the City of

Wasco.

E. The area covered by the Substation is the City of Wasco. FINDINGS:

F1. The building is old and is in need of refurbishing; however, is was clean and showed good upkeep.

F2. The OST staffing is now on an 8 a.m. to 5 p.m. schedule. The lobby area is so small

that it was necessary to put a red phone outside the Substation in order for the citizens to call and talk to a deputy. If a deputy is on the premises, he/she speaks with the citizen out in front of the building. As the budget would allow, it would be advisable to have a larger lobby area.

F3. The property room is in a separate building and is not within a fenced area. The back

of the Substation and the property room are accessible by the public off of an open paved parking lot. It appears to be easily susceptible to the possibility of break-ins.

F4. The staffing of a deputy or OST personnel on a 24/7 basis would give the public greater

access to policing services.

F5. Currently there are two deputies on duty at a time, as per the scheduled work shifts. It would be advisable to add a third deputy as the budget would allow, due to the area of coverage and various activities requiring police services.

COMMENTS: The Committee noted that the Sergeant in charge and personnel reflected a high level of professionalism and attention to duty. RECOMMENDATIONS:

R1. It is recommended that the City of Wasco (as the owner of the property) and the Kern County Sheriff devise a plan to enhance security for the facility. Currently the back of the structure and adjacent parking allow for open public access to the receiving area and the property room. It appears that this could remediated by placement of security fencing at the back of the property.

The Kern County Sheriff’s Department should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury

KERN VALLEY STATE PRISON PURPOSE OF INQUIRY The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Kern Valley State Prison (KVSP) on September 14, 2010, to inquire into the condition and management of the KVSP pursuant to Penal Code §919(b). PROCESS: The Committee met with the Chief Deputy Warden and the Lieutenant (Lieutenant) who is the Administrative Assistant Public Information Officer. A question and answer session was conducted prior to being taken on a tour of the facility which included the Special Needs Yard (SNY), Administrative Segregation Unit (ASU), which is a jail within the prison, health screening with dental services area, and the prison grounds. BACKGROUND: KVSP is a Level Four facility consisting of four semi-autonomous facilities and two stand alone ASUs surrounded by a Lethal Electrified Perimeter Fence. There is also a Level One Minimum Support Facility. KVSP is on 600 acres with an additional 200 acres for future use. KVSP is the latest prison (33rd) to be built in California, opening in 2005. The Lieutenant advised the Committee that the design of the prison was to take the best from other prisons and incorporate it into the design of KVSP. FACTS

A. The design capacity is 2,488 inmates with the maximum capacity of 5,092. At the time of the inspection the total count was 4,408 which is 180% of design capacity. The weekly arrivals and departures of inmates depend upon the institution’s needs, e.g. Level One is for maintenance yard and Level Three for gyms. The actual arrivals vary from week to week. There have been no escapes since the opening of the prison.

B. 76% of the KVSP inmates are serving life terms. As of the date of the visitation this

equates to approximately 3,350 inmates.

C. The work crews, which consist of Level One Minimum Support inmates, are responsible for the upkeep of the facility such as lawn care, janitorial, etc.

D. A four-plex is available for conjugal visits; however, due to the lack of a number of

inmates that qualify, only one is utilized for this purpose while, the other three in the four-plex are used for administrative functions. A separate detached unit is available for conjugal visits by Level One inmates who qualify for reasons such as good behavior. The Level One inmates get three days when such visits are allowed. The family must bring in

all food and other necessary items. LWOP (life without possibility of parole) inmates and those with life sentences do not get these visits.

E. There are approximately 700 to 800 incidents per year, from small battery on an inmate

to riots, which consists of at least 4 on 4 inmates. When at least 10 or more inmates per side are involved, it is considered to be a major riot.

F. The prison has 2,200 employees of which 1,100 are correctional officers. The staffing

requirements call for an additional 30-40 officers; therefore, overtime is needed by current staff.

G. The prison has staff medical and dental personnel and also utilizes outside contract help.

H. The ASU (Administrative Segregation Unit) is classed as a “jail within the prison”. This

area is designed to allow the Correctional Officers to have full view of inmate areas that need observation. This unit has eight buildings and a gym with 164 inmates per housing unit.

I. Currently approximately 1,300-1,400 inmates receive mental health services.

J. The ethnic breakdown of the prison inmate population is reported to be approximately

35% Hispanic, 35% Black and 30% other.

K. There are approximately 750 medical appointments per day with 20 to 25 per day being transported off prison grounds for appointments and care at local civilian facilities.

L. The volunteer programs include Alcoholics Anonymous (AA) and a new Narcotics

Anonymous (NA) which started on September 12, 2010. Religious services are available for all faiths and a veterans’ group had its first meeting in July, 2010. The Chief Deputy Warden states what is needed is a stronger program for anger management and life skills.

M. The computerization of medical records has begun; however, transfer of records is not yet

fully implemented. The Unit Health Records are sent with the inmates when they are transferred.

N. The pharmacy does an audit on a continuous basis. Any discarded pills are recycled and

go to Guaranteed Returns and the funds to Amerisource Account. There are no cameras in the pharmacy; however, the staff is screened via California Law Enforcement Telecommunication System checks (CLETS).

O. KVSP is presently on year three of a seven year plan phasing out use of revolvers and replacing with semi-automatic pistols. The Transportation Team and Investigative Service Unit are next to switch over. The Crisis Response Team went to the Glock .40 caliber from the H&K 9 mm this year.

P. Because of budget cuts all academic and vocational classes were closed on January 10,

2010. They have since reopened with shorter class duration. The following information

was gleaned from the January End of the Month Report: Academic: 443 student positions with 298 filled. Vocational: 243 student positions with 195 filled up until the end of January 25, 2010. The inmates are in classes two to three times per week and include up to 1,800 inmates. Inmates who complete their GED and other incentives may get their sentences cut by six weeks. Each wing of the prison (Units A-D) has its own metal clad structure utilized for vocational training.

Q. The Inmate Appeal Process CCR is covered in Title 15, §3084.5. When an inmate files a

complaint there are four levels of response. Informal Level is answered by involved staff, 1st Level is answered by a 1st line supervisor, 2nd Level inquiry is done by a 2nd line supervisor and the answer is reviewed and approved by the Chief Deputy Warden, 3rd Level is answered by the Inmate Appeals Branch at the Director’s Level of Review and Response. Other ways inmates may file a grievance are with verbal communication with involved staff or through a request for Interview form.

R. Cell phones being smuggled into the prison are a major problem. KVSP is currently

looking into an approved cell phone call blocking system that would prevent any unregistered cell phone numbers to either receive or make calls. This would allow the correctional officers to continue utilizing their cell phones.

S. Some vendors to KVSP continue to provide goods and services on credit until the budget

is signed at the State level.

T. Developmentally disabled inmates are handled under the Developmental Disability Program (DDP) KVSP Operational Procedure #803.

U. The KVSP 2009-2010 funding was set at $124,545,475. Actual expenditures were near

$143,500,000. FINDINGS:

F1. As the State budget is not yet signed some vendors have stopped providing goods and services, as they do not wish to continue on I.O.U.’s from the State. The issue for the prison is that if an item is supplied by such a vendor is needed, the prison must get approval from the Department of General Services, which delays the process.

F2. The Assistant Administrative Officer asserts there is no problem with current staffing levels; they are reportedly down from filling 30-40 staff positions. However, overtime is still required to meet actual staffing requirements. Therefore, as funds are available it would appear that filling these vacant staff positions would be highly advisable to lessen the necessity for overtime use.

F3. The difference in the 2009-2010 funding projection and actual funds expended was

approximately $18 million. This deficit was largely due to staff Workman’s Compensation claims, retirements, vacations, and inmate hospital treatment.

F4. The prison is providing inmate programs and would like to strengthen those involving anger management and life skills, as funds become available.

COMMENTS: The Committee would like to thank the Lieutenant and Chief Deputy Warden for their time in speaking to the Committee and the information received. Also, it was very evident to the Committee that all the staff observed was very knowledgeable about their jobs and appeared to be sincerely interested in performing their duties to the best of their abilities. RECOMMENDATIONS: None The Kern Valley State Prison should post a copy of this report where it will be available for public view. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

LARRY J. RHOADES KERN CROSSROADS FACILITY

SUMMARY: The Larry J. Rhoades Kern Crossroads Facility (Crossroads) is a secure, residential facility operated by the Kern County Probation Department. The program provides resources to train, educate and guide minors who are committed by the Juvenile Court toward a more productive and delinquency-free lifestyle. Crossroads represents a collective effort aimed at changing delinquent habits, attitudes, and behaviors. Minors are committed to Crossroads for a period of one year, ideally spending six months in custody and six months released from the program on furlough. Upon commitment, minors are classified, needs assessments are completed and case plans developed. PURPOSE OF INQUIRY: On October 19, 2010, the Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited Crossroads to inquire into the condition and management of the facility pursuant to Penal Code, §919(b). PROCESS: The Committee met with the Deputy Chief Probation Officer, Probation Division Director and Assistant Division Director for Crossroads. The Probation Division Director gave the Committee an informative presentation regarding all aspects of Crossroads. The Committee was then taken on a tour of the facility. BACKGROUND / FACTS: Crossroads opened in 1997 as a result of legislation effective January 1, 1997, which increased costs to counties for minors committed to the Division of Juvenile Justice, formally known as the California Youth Authority. The majority of the minors committed to Crossroads are those who would have been committed to the Division of Juvenile Justice prior to the 1997 changes.

A. The new facility is located at 17824 Quality Road, on 15.6 acres, near the Sheriff’s Lerdo facility, and was opened in 2004. The age of the wards range from 13 to 19 years of age with the average age being 16.

B. The Program is a one year commitment facility for juvenile offenders who have

committed a violent crime not deemed serious enough to warrant a California Youth Authority commitment. The program focus is on personal responsibility, consequences of behavior and treatment. Education, various counseling programs, mentoring, and vocational training are the backbone of the rehabilitative efforts.

C. Program objectives of Crossroads are: to teach ethics and responsible behavior; develop positive decision making skills; and create citizenship awareness and community responsibility. Additionally, their aim is to develop leadership, self-esteem, discipline and accountability. They attempt to build basic education skills and eliminate chemical dependency along with increasing employment skills, and job readiness. Each Ward is given a “Detainee Handbook” upon arrival at Crossroads informing him of his rights and responsibilities.

D. Crossroads was opened as a 120 bed facility; however, due to budget restraints one 40-

bed unit had to be closed reducing the capacity to 80 wards, which is a 33 percent reduction of the program.

E. Within 30 days of admission to Crossroads a written assessment and case plan is

developed for each ward. The procedure used is in accordance with the Corrections Standards Authority Minimum Standards for Juvenile Facilities. The wards are also assessed for their mental health and educational status.

F. The cost of the program is $292.00 per day per ward and parents/guardians are assessed

by their ability to pay for their ward. The fee includes two hot meals, one sack lunch and a snack for a total of 3,500 calories. The kitchen facility cooks for both Crossroads and the Kern County Juvenile Hall.

F. The wards’ day is from 5:00 a.m. to 9:00 p.m. during which they have 270 minutes of

classroom hours and assigned work detail. Physical fitness includes sports and The Presidential and National Fitness Challenge.

G. All wards and their rooms are subjected to search and seizure. Any contraband results

in a deduction of merit points which can extend their time in the program and they are placed on Administrative Restriction.

FINDINGS:

F1. The success of Crossroads is indicated by the following: the national juvenile recidivism rate is between 50 to 70 percent while Crossroads’ recidivism rate is 34 percent including 27 percent for violation of probation.

F2. The security room has seven monitors which are manned by Juvenile Correctional

Officers (JCO). The JCO security team oversees the facility and classrooms. Any disruption in the classrooms, the average is one per week, results in the removal of the ward.

F3. A sample of meals served are kept for three days and given to the Kern County Health

Department in the event of contamination.

F4. The facility does not have a proper playing field for sports. The facilities “grassy area” is uneven with many recessed sprinklers and drainage grates. Running is done on the perimeter concrete sidewalk. SEE ATTACHED

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited the Crossroads Facility would like to thank the Probation Division Director, Assistant Division Director, Deputy Chief Probation Officer and all the staff they encountered during their visit. RECOMMENDATIONS:

R1. The facility is lacking proper exercise areas. The existing area is inadequate with many hazards and restrictions. This could be alleviated either by re-landscaping the existing lawn area currently being used and/or the vacant land, on the facility, to the North. The funds for this project may be acquired through a grant, non-profit philanthropic contributions, or the use of volunteers for contributions of materials and labor.

R2. Because of the success of the programs, reopen the closed housing unit when funding

becomes available The Larry J. Rhodes Kern County Crossroads Facility should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

Attachment 1

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NORTH KERN STATE PRISON PURPOSE OF INQUIRY: On January 25, 2011, the Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the North Kern State Prison (NKSP) to inquire into the condition and management of the facility pursuant to Penal Code §§919(b) and 921.

PROCESS: The Committee members met with the Public Information Officer (PIO), Litigation Coordinator and three other staff members. The Committee was taken on a tour of the facility which consisted of the Reception Center, main kitchen facility, exercise yard, various cell blocks and fire house. BACKGROUND / FACTS: North Kern State Prison is located at 2737 Cecil Avenue, Delano, CA. The prison opened in April, 1993 to be a single cell facility. Shortly after opening, NKSP was changed to a Reception Center similar to Wasco State Prison. NKSP processes approximately 500 inmates both incoming and outgoing each week

A. The maximum capacity of NKSP is 5,541. As of the date of this inspection, there were 5,243 inmates; of these, approximately 400 inmates are permanently housed at NKSP.

B. NKSP is the Central California Transportation Hub for the California Department of Corrections and Rehabilitation (CDCR).

C. Because of budget restraints, NKSP no longer has any substance abuse programs. They do provide Alcoholic and Narcotics Anonymous programs to the general population.

D. The housing of the inmates is as follows: When inmates are received in the Receiving and Release Area, the inmate is screened for factors such as criminal history, medical and mental health. These factors are used to determine where to house the inmate in a particular facility or housing unit.

E. Gang problems are handled in the following manner: When an inmate arrives at NKSP, he is interviewed by the Institutional Gang Investigators. This helps to identify inmates who are gang members or associates of prison and street gangs. If an inmate is identified as a gang member he can be validated and given a sensitive housing unit (SHU) term in Pelican Bay State Prison.

F. Visitation with a prisoner is handled as follows: The inmate will send the prospective visitor an application. The visitor will complete and forward the application to the institution for processing. Once the visitor is approved, they are allowed a two-hour non-contact visit on Saturday and Sunday.

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G. Many religious services are available. NKSP has on staff full time Muslim, Protestant and Jewish Chaplains and also a Native American Spiritual Leader. A member of the Fresno diocese will be volunteering until a permanent Catholic Chaplain is assigned.

H. The ethnic breakdown of the inmates is as follows: Hispanic 43%, Black 32%, White 24% and other 1%.

I. The NKSP Firehouse is staffed by one chief, eight Fire Captains, two hazardous materials officers and six to ten inmates.

J. The annual budget is $129 million. To date $63 million has been spent and is projected to spend $149 million by the end of fiscal year. Cost overrun is attributed to increased medical expenses and shortage of staff which increases overtime (time and one-half for each hour worked). Some personnel often work double shifts. Overtime can be either optional or mandatory.

K. NKSP Reception Center is the only one designed to process disabled inmates, especially those confined to wheelchairs.

L. The medical department is a separate entity and does not report to the prison warden; however, according to the PIO there is a good working relationship between departments. This arrangement has been in place for approximately two years.

M. The pharmacy has converted to the Guardian Medication Program through the State and follows the inmates throughout the prison system.

FINDINGS:

F1. The NKSP Firehouse inmates are trained in house, certified and will receive a State Fire Marshall’s certificate. The inmates spend 24 months or more on training and are given 361 hours training on emergency preparedness. The inmates are paid $.75 per day or up to $35 per month. If the inmate owes restitution, some of the money is put in the Inmate Welfare Fund to be paid back to the victim.

F2. NKSP houses 20 to 30 American Indians. One day a month the American Indian Spiritual Leader conducts a spiritual ceremony which includes a sweat bath in a wiki-up and the smoking of tobacco. The ceremony traces the Indian background for purification of mind and body.

F3. The prison medical department is now under a federal court-mandated Receivership. This has increased the space and provided some improvements in staffing to meet the medical needs of the inmates. The Receivership has provided NKSP with tools that allow much more control over medication inventory and consequently, NKSP is not seeing the increases in medication expenses that would otherwise have been expected based upon community comparisons. NKSP has actually reduced its on hand stock from approximately $500,000 to approximately $300,000 because they can more accurately gauge the on hand stock needed. The Receivership established communication between the Pharmacy departments at different institutions so that medications can be moved around state wide avoiding stock that expires on one

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institution’s shelves when it can be used elsewhere thus making better use of tax dollars. The statewide computer program allows NKSP to better track patient care and to make sure that patient medications are available especially as an inmate moves from institution to institution.

F4. Under the Guardian Medication Program, NKSP does actively recycle medications that come back to the pharmacy to the extent that the law allows. When a medication is not allowed to be recycled it is to be sent to the contracted return company, Guaranteed Returns. NKSP does see some credits, but there is not a method to coordinate the anticipated credits against the credits actually received because the credit memos go to regional accounting and not through the institutions. NKSP sends to Guaranteed Returns approximately $100,000 worth of medications.

F5. All areas of NKSP visited by the Committee, except the kitchen facilities, were unkempt in comparison to the other State facilities visited by this Committee.

COMMENTS:

The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited the North Kern State Prison would like to thank the Public Information Officer for her courtesy and informative walkabout of the facility. However, none of the other command staff was available for a “sit down” questions/discussions period as done by other State facilities.

RECOMMENDATIONS:

R1. NKSP staffing levels need to be studied to determine if the current level of overtime actually saves the taxpayers money.

R2. Further enhancements to the Guaranteed Returns program need to be created and incorporated into the CDCR program and the rules through the State Board of Pharmacy needs to be changed to allow more effective accounting of the return credits.

R3. Major steps need to be taken to alleviate the deplorable conditions found in Finding F5.

The North Kern State Prison should post a copy of this report where it will be available for public review.

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury.

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RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

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SHAFTER COMMUNITY CORRECTIONAL FACILITY X

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Shafter Community Correctional Facility (SCCF) on August 9, 2010, pursuant to Penal Code §919(b).

PROCESS: The Committee met with the Police Chief (Chief), the correctional Lieutenants, Watch Commander, and numerous other staff members. An informative presentation was held followed by an extensive tour of the facility.

BACKGROUND: The SCCF is located at 1150 E. Ash Avenue, Shafter, California. The Shafter CCF received their first inmates on January 19, 1991. The City contracts with the California Department of Corrections and Rehabilitation (CDCR) to house Level 1 and Level 2 minimum security inmates. The SCCF is situated on approximately six acres and has 77,000 square feet of building space. The SCCF has eight dorms each holding up to 70 inmates for a maximum capacity of 560. At the time of the Committee’s visit there were 542 inmates at the facility.

The SCCF operates under the Shafter Police Chief. The facility staff is comprised of one Assistant Chief of Corrections, two Correctional Lieutenants, five Correctional Sergeants, three Correctional Senior Officers, 42 Correctional Officers, two Office Staff, three Instructors, Canteen Supervisor, Maintenance Supervisor, Licensed Vocational Nurse and five Kitchen Staff.

FACTS: A. The SCCF has a contract with the California Department of Corrections and

Rehabilitation. The current contract expires on January 7, 2017.

B. The SCCF provides educational and program services to the inmate population including computer applications, building/maintenance vocation, anger management, as well as various work assignments within the facility.

C. Currently, the SCCF has six outside work crews: four assigned to Cal Trans to provide roadside cleanup, one assigned to the City of Shafter for alley cleanup and one part-time crew assigned to California State University Bakersfield for grounds maintenance. The work crews are compensated and milestone credits are given for early releases.

D. The SCCF population on the day of the visit was 542. The average intake is approximately 40 inmates per week.

E. The SCCF has two control centers overseeing dorms, each being supervised by a Correctional Officer. Both control centers are equipped with the state of the art, panoramic surveillance systems.

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FINDINGS: F1. The cleanliness of the SCCF facilities exceeded the Committee’s expectations. The

inmates seemed to be appreciative of the cleanliness.

F2. The inmates were attentive to the instructions of the Correctional Officers.

F3. The SCCF is administered in a professional and efficient manner.

COMMENTS: The Committee commends all of the personnel that accompanied the Committee on the tour of the SCCF for their professionalism and courtesy.

The Committee particularly commends the Chief of Police for his leadership and effectiveness in creating the positive climate at the SCCF.

RECOMMENDATIONS: None.

The Shafter Community Correctional Facility should post a copy of this report where it will be available for public review.

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury.

NO RESPONSE REQUIRED.

SHAFTER POLICE DEPARTMENT AND ANIMAL SHELTER

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Shafter Police Department (Department) on August 9, 2010, pursuant to Penal Code §925a.

PROCESS: The Committee met with the Police Chief (Chief) and other staff members. The Chief conducted an extensive tour of the Police Station. Additionally, the Chief took the Committee on a tour of the Shafter Animal Shelter and the firearms range located at the site of the former City Waste Management facility on the outskirts of the City.

BACKGROUND: The Shafter Police Department is located at 201 Central Valley Highway, Shafter, California 93263.

FACTS: A. The Department’s physical facility was remodeled in 2008 and all command personnel

had input into the design of the 15,800 square foot building. The entire facility was designed with future expansion in mind and the cost to remodel the facility was $2.3 million dollars. Part of the future expansion includes fiber optics which will allow for a license plate recognition (LPR) program among other future programs.

B. All restricted areas of the building are equipped with a card lock security system that tracks the time and ID of the individual entering. A video surveillance system is installed throughout the building. Video and audio recording devices are located in the interview rooms.

C. The Department’s jail section covers approximately 1,200 square feet consisting of six holding cells with a future capacity of 15.

D. The dispatcher’s area doubles as a reception office with access for the public. There is space for an additional four to six work stations.

E. The walls of the entire Department are constructed using Kevlar (a bullet resistant material) and bullet proof glass is used at the reception center. The Chief made note that the window used by the public was such that it can be secure or can be open to create a climate of hospitality to the public.

F. The property room is a state-of-the-art design for preserving and securing evidence and materials. For security reasons, there are only three personnel who have access keys to the property room.

G. The workout room is up to date and includes weight lifting, treadmill and aerobic equipment. The facility is available to all personnel of the Department along with other City employees.

H. The Department facility was built with a backup generator large enough to power the entire building in an emergency and for future expansion. Another generator was recently purchased which would handle over 150% of current capacity should the first generator fail.

I. The conference room/auditorium is designed for multi-use purposes, e.g. training, meetings and community use and is booked in advance for the remainder of the year. When the community uses the room, there is the ability for them to come directly into the room without entering the Police Department.

J. The Department staffing includes the Chief, Captain, five Sergeants, four Senior Officers, ten Patrol Officers, six Reserves, one Detective, and six Dispatchers.

K. The Shafter Animal Shelter facility is located at 18849 S. Shafter Avenue and is one of the Chief’s many other responsibilities. The new building opened approximately eight months ago and is operated by the Animal Control Manager, two kennel employees and numerous volunteers.

L. The Firearms Range, a new facility not yet completed, is located at the old city sewer plant on the same 97 acre site as the Animal Shelter. The facility consists of one pistol and one rifle range. The Chief has plans to turn the facility into a regional firearms range to be used by other agencies and possibly the general public to create an additional source of revenue. Currently some of the cement work and ground moving has been completed. As the money becomes available, there will be additional improvements to help complete the facility, hopefully within one to two years.

M. The Department recently joined 37 other Chiefs of Police in a program known as the Street Interdiction Team (SIT). SIT members meet once a month for the purpose of interfacing with one another regarding any need of extra police within their community for special events. The Chief indicated that this was an extremely beneficial program.

FINDINGS:

F1. The Police Department building is a state-of-the-art facility with the ability to accommodate future needs.

F2. Since the Shafter Animal Shelter opened, the adoption rate has been quite high. The reasons for this success include ads in local newspapers and listings on four internet sites which specifically specialize in animal adoptions. The Committee particularly noted the cleanliness of the facility and the provisions in place to keep as much infection from coming into the facility as possible.

F3. The Chief’s leadership is responsible for the smooth running and efficient performance of the various areas that fall under his authority.

COMMENTS: The Chief, staff, and city leaders are to be commended for planning and building a state-of-the-art Police Department facility with the ability to accommodate future needs. Further, the Chief is to be commended for his leadership in managing the Police Department, Animal Control facility and the Shafter Community Correctional Facility.

RECOMMENDATIONS: None.

The Shafter Police Department and the Shafter Animal Shelter should post a copy of this report where it will be available for public review.

Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury.

NO RESPONSE REQUIRED

TAFT POLICE DEPARTMENT COMMUNITY CORRECTIONAL FACILITY

ANIMAL SHELTER PURPOSE OF INQUIRY; On April 7, 2011, the Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited the Taft Police Department (TPD), Taft Community Correctional Facility (TCCF) and Animal Shelter to inquire into the condition and management of the facility pursuant to Penal Code §§919(b) and 921. PROCESS: The Committee met with the Chief of Police, numerous Lieutenants and Sergeants of both the TPD and TCCF, also the Animal Shelter Technician. The Committee was taken on a tour of all the facilities. BACKGROUND / FACTS: The Taft Police Department is located at 320 Commerce Way, Taft, CA 93268 and provides protection to approximately 10 square miles. TPD also operates a Type I Correctional Facility that contracts with the State of California to house state inmates. TCCF located at 330 Commerce Way, Taft, CA 93268 and began operating as a correctional facility in 1991. The Animal Shelter facility located at 1080 E. Ash, Taft, CA 93268 is also operated by the TPD. FINDINGS: Taft Police Department:

F1. The Department personnel consist of the Chief, one Lieutenant, three Sergeants, eleven Patrol Officers, three Community Service Officers, five Dispatchers, five Reserve Officers and sixty-three Correctional Officers.

F2. The TPD reports the community of Taft has no major gang related problems and the

most common response is to spousal abuse cases. F3. TPD has an active Police Activities League volunteer group which provides many

community projects including counseling, tutoring, a computer lab and after school and weekend activities.

F4. The Department has a good working relationship with the Kern County Sheriff’s

Department and mutually responds to incidents, if needed. F5. TPD is looking to fill one additional motor officer to reduce traffic incidents. F6. TPD has four single and two double holding cells with two cells designated for females.

Taft Community Correctional Facility:

F7. TCCF has eight units holding up to 68 inmates each. At the time of the Committee’s visit the facility had 524 inmates.

F8. TCCF is a Level 1 and 2 facility, housing inmates up to five years. F9. TCCF has three inmate work crews who are paid $0.35 an hour for work in the

community. F10. Inmate telephone usage generates approximately $14,000.00 per month which is

deposited into the inmate welfare fund. F11. Medical services are contracted with Wasco State Prison with two medical transports

per week. F12. Religious services are held on Saturday and Sunday. F13. Counseling is provided on sign-up basis. F14. Inmates are provided three meals a day. Breakfast and dinner are served in the dining

hall and a sack lunch is provided mid day. Taft Animal Control:

F15. The animal control provides services to the City of Taft. F16. There are two employees and one TCCF inmate on staff. F17. The facility includes 12 inside and 14 outside kennels with an additional 12 cat and six

feral cat enclosures. F18. The facility was clean and well maintained.

COMMENTS: The Law and Justice Committee would like to thank the personnel and staff for their time and informative tour of the facilities. RECOMMENDATIONS: NONE

The Taft Police Department, Taft Community Correctional Facility, and Taft Animal Control should post a copy of this report where it will be available for public review. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.

Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed through the Kern County Library system and the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301 cc: FOREMAN KERN COUNTY GRAND JURY 1415 TRUXTUN AVENUE, SUITE 600 BAKERSFIELD, CA 93301

WASCO STATE PRISON RECEPTION CENTER

PURPOSE OF INQUIRY: On October 26, 2010, the Law and Justice Committee (Committee) of the 2010-2011 Kern County Grand Jury visited Wasco State Prison (WSP) to inquire into the condition and management of the Prison pursuant to Penal Code §919(b). PROCESS: The Committee met with the Warden, Captain, and Litigation Officer. The Committee was taken on a tour by the Captain and Litigation Officer. The tour consisted of “A” Unit (a general population yard), Receiving and Release Unit, Parole Hearing Facility, Segregated Prisoner Unit, Sensitive Need Yard, as well as medical, pharmacy, kitchen and laundry facilities. Also, the Committee observed a Parole Violation Hearing and Exercise Yard. BACKGROUND: Wasco State Prison is located at 701 Scofield Avenue, Wasco, CA 93280. The facility was opened in 1991 and covers 634 acres. The maximum capacity of the prison, at this time, is 5,900 inmates. At the date of the Committee’s visit there were 5,758 inmates at the facility. FACTS:

A. Wasco State Prison is primarily a Reception Center which receives approximately 200 inmates per week from Kern and thirteen other counties. It then processes and transfers the same number to other prisons in the State. Inmates are also contracted to prisons in Arizona, Oklahoma, Mississippi and Tennessee. The process takes approximately 70 to 80 days during which time the inmates go through a dental, medical and mental evaluation.

B. Inmates who are identified as part of an active gang are segregated from the main

population. These inmates are generally placed at Wasco State Prison Administration Segregation Unit (ASU) pending classification committee review for transfer to the appropriate institution.

C. WSP has 1,805 budgeted positions as of September 30, 2010. This number includes

California Prison Health Care Services. Currently vacancies include 40 Correctional Officer positions, two Correctional Sergeant positions, and two Correctional Lieutenant positions.

D. Actions or investigations involving employee discipline have increased from 2009 to 2010 by approximately 25%. The primary cause of the increase was due to the implied “Use of Force.” In 2009, the figure was 59 and in 2010 it was 74.

E. Due to budget cuts, California Department of Corrections and Rehabilitation eliminated

the actual Substance Abuse Program, but there are volunteers that come to the facility to conduct Drug and Alcohol abuse classes. Volunteer programs also include “Breaking the Barriers” which assists inmates in preparation to re-enter society, for example: assisting with applying for a driver’s license, social security, etc.

F. The laundry facility provides services not only to the prison but to nearby State

institutions. The laundry is color coded to insure delivery back to the proper institution. The laundry is open daily from 6:00 a.m. to 8:00 p.m. excluding Thanksgiving and Christmas.

G. The kitchen facility provides all the meals for the inmates and has an annual budget of

$6.2 million. The allotment for each inmate is $2.57 daily, but the actual cost is $2.85. The prison must absorb the extra cost within the overall budget.

H. The pharmacy employees consist of five Pharmacists and eight technicians. Discarded

medications are handled in three ways: (1) identifiable medications that have been contaminated are returned to a medical company who guarantees a return and a credit is issued, (2) unidentifiable medication is sent to a waste disposal company for incineration, and (3) individual packages that are sealed and not considered contaminated and that have been administered by a nurse are returned for re-use.

I. In 1972, the Morrissey v. Brewer decision became known as a Morrissey Hearing. The legal proceeding is used in the United States in response to a parole violation. The informal hearing is intended to ensure that the violation is based on verified facts. On January 25, 2010, a new law came into effect (Senate Bill 1453) authorizing the placement of parolees to “Non-Revocable Parole.” This allows the parolee, not convicted of a serious felony, to serve his/her parole without a parole agent although he/she can be searched by Law Enforcement. Parolees would have to re-offend and be charged and convicted of a new crime to be sentenced back to prison.

J. Since the takeover by Federal receivership, the WSP medical budget has increased from

$20 million to $70 million per year. FINDINGS:

F1. Inmates working on the laundry side of the facility must wear protective clothing because the laundry is considered to be contaminated as it contains items with human tissues, fluids, and feces. The caustic cleaning chemicals used in the wash cycle will burn human skin. The cleaned laundry is dried and processed in a non-contaminated area.

F2. All work related injuries are investigated by CAL-OSHA, which is also required to perform safety inspections during the year.

F3. Parole Hearings are heard Monday through Friday. Each Commissioner (up to five)

hears 18 Parole Hearings per day. Revocation of Parole can only extend a sentence for no more than one year.

F4. All inmates are confined from 8:30 p.m. to 6:30 a.m. and spend 12-14 hours per day

confined to “cell time”. F5. Inmates permitted to fight wildfires earn two days of release credit for every one day of

assignment. Fire fighting is considered a desired duty due to less supervision, quality and quantity of meals, and higher pay.

F6. Hispanic gangs are a large problem and must be separated and supervised more closely.

The three gangs most watched are the Fresno Bulldogs, Southern Hispanic, and Foreign Nationals (PIZZA).

COMMENTS: The Law and Justice Committee of the 2010-2011 Kern County Grand Jury that visited the Wasco State Prison Reception Center were treated with the utmost courtesy and professionalism by the Warden and her staff. The Committee enjoyed the informative tour led by the Captain and Litigation Officer. RECOMMENDATIONS: None. The Wasco State Prison should post a copy of this report where it will be available for public review. Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed on the Kern County Grand Jury website: www.co.kern.ca.us/grandjury. Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases NO RESPONSE REQUIRED