law and justice committee - kern county, ca and justice committee ... f4. the police explorer...

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law anD JusTICe CoMMITTee

MIssIon sTaTeMenT

The California Penal Code is the foundation for the Grand Jury . The Law and Justice Committee, within the Grand Jury, is charged with the oversight of all law enforcement agencies and custody facilities in Kern County . The Law and Justice Committee also reviews and takes action, as necessary, on citizen’s complaints related to these agencies .

law anD JusTICe CoMMITTee MeMbeRs:

Kimberly Ballew, Chairperson

Robert Hartshorn

Michael McCarthy

Robert Morris

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law anD JusTICe CoMMITTee

suMMaRy of aCTIVITIes

The Law and Justice Committee has written and/or published the following reports:

• Kern County Sheriff/Coroner/Public Administration

• Shafter Community Correctional Facility

• Shafter Police Department and Animal Control

• Kern County Sheriff ’s Department Property and Evidence

• Kern County Sheriff ’s Department Central Receiving

• Bear Valley Police Department

• California Correctional Facility/Tehachapi

• Wasco State Prison

• North Kern State Prison

• Kern Valley State Prison

• Arvin Police Department

• Bakersfi eld Police Department/Westside Substation

• Kern County Sheriff ’s/Lamont Substation

• Stallion Springs Police Department

• Tehachapi Police Department

• Kern County Sheriff ’s/Tehachapi Substation

• Kern County Sheriff ’s Lerdo Facility

• Delano Police Department

• Golden State/Modifi cation Community Correctional Facility

• Kern County Sheriff ’s Department/Lerdo Facility

• Kern County Probation Department/Camp Erwin Owen

Also visited:

• Kern County District Attorney/Crime Laboratory

• Kern County Fire Department/Air Ops

The Law and Justice Committee received and responded to 23 complaints .

Unreimbursed investigative miles traveled by the Committee: 614 miles

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ARVIN POLICE DEPARTMENT

PURPOSE OF INQUIRY:

The Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Arvin Police Department (Department), on November 29, 2011, pursuant to California Penal Code §919(b) and §925a.

PROCESS:

The Committee met with the Police Chief (Chief), the Lieutenant and a Sergeant. After a meeting, which included a question and answer period, the Committee was given a tour of the facility.

BACKGROUND/FACTS:

The Department is located at 200 Campus Drive, Arvin, CA 93203. The City of Arvin (City) and the Department were incorporated in 1960.

A. The City is approximately 4.5 square miles. The City services an estimated population of 20,000.

B. The Department consists of the Chief, one Lieutenant, four Sergeants (one assigned to Administration), one Investigator/Range Master, eleven Patrol Officers, two Community Service Officers (non-sworn) and six Dispatchers.

C. The Department has an indoor pistol range for training and qualification.

D. The Department maintains a full service Property Room.

E. There have been some aesthetic improvements made to the facility in the past year.

F. The Department has: • A Reserve Police Officer Unit • A Police Explorer Program • A Police Activities League (PAL) • A School Resource Police Officer (SRO)

G. The Department maintains a four cell (16 bed) jail which is currently unused.

H. The Department’s services include Animal Control.

I. The PAL Facility is located at 800 Walnut Drive, Arvin, CA.

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FINDINGS: F1. The Department Communications Center (Center) is located adjacent to the

front counter. The Center has two-channel radio capabilities. All radio traffic is on one channel. When the need arises, such as a special operation, the second channel is utilized. The current location may be a safety issue for the Dispatchers. The front counter of the Department is open to the public (walk-ins) 24 hours/7 days a week.

F2. The Jail is not being utilized due to budget constraints. The jail may have revenue generating potential (AB-109), however, extra staff would have to be hired by the City.

F3. The PAL Officer and SRO are assigned to patrol as well.

F4. The Police Explorer Program exists, but there is limited interest from eligible youth in the community.

F5. There are two Reserve Police Officers. There is limited interest from eligible adults due to the extensive training needed. Also, a Reserve Police Officer is an unpaid position.

F6. The Community Service Officer’s duties include: in-house report taking, evidence technician and animal control.

F7. The Department is in the process of upgrading the Property Room computer system which will include “bar code” tracking.

F8. The PAL Program offers various activities. Some activities include academics, sports, computer skills, arts and crafts, and movie nights.

F9. The Department does not have animal kennels. If needed, all animals are transported directly to the Kern County Animal Control Facility.

F10. The Department has six Toyota Hybrid SUVs equipped with dashboard cameras which are grant funded.

F11. The Department is a member of the Street Interdiction Team (SIT). SIT is a mutual aid program by the various law enforcement agencies within Kern and Tulare Counties. This program addresses special community needs and any street level enforcement needed by deploying officers to a particular community as the need arises. This program is grant funded.

F12. In the past year, the Department orchestrated a disaster preparedness exercise involving all City Departments.

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COMMENTS:

The Committee thanks the Chief and staff for their courtesy during the visit. The Committee acknowledges the funding issues with regard to any structural improvements needed to the Department.

RECOMMENDATIONS:

R1. As funds become available, the Communications Center should be relocated or remodeled to eliminate distractions to the Dispatchers from staff or front counter activity.

NOTES:

• The Arvin 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, and click on: Sign up for early releases.

• 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.

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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BAKERSFIELD POLICE DEPARTMENT WESTSIDE SUBSTATION

PURPOSE OF INQUIRY:

On February 22, 2012, the Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Bakersfield Police Department Westside Substation (Station) pursuant to California Penal Code §925a.

PROCESS:

Prior to the visit, the Committee viewed the Bakersfield Police Department (BPD) website. The Committee met with the Police Captain in charge of the Station who provided information and a tour. The main BPD Station (Downtown Station) is located at 1601 Truxtun Avenue, Bakersfield, CA.

BACKGROUND/FACTS:

A. The Station opened in 2003 at 1801 Buena Vista Road, Bakersfield, CA. The Station’s purpose of existence was to decentralize the operations of the BPD.

B. The Station shares the property with Bakersfield Fire Department Station 15.

C. The property was obtained by the City of Bakersfield through a cooperative effort with the company of Castle and Cooke.

D. The Station is approximately 6,000 square feet.

E. The Station has a community meeting room (included in the 6,000 square feet) which is used for BPD training classes. This meeting room may also be reserved by the public for approved functions.

F. The Station’s calls for service boundaries are all City incorporated areas west of Highway 99.

G. Services provided by the Station are:

• Making police reports • Signing off on traffic tickets • Providing copies of police reports • Issuing taxi cab driver permits • Issuing alarm service permits

H. The Station is open 9:00 am to 5:00 pm, Monday through Friday. While the Station is open, the front desk is manned by a uniformed Police Officer.

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FINDINGS:

F1. The BPD receives approximately 1,000,000 calls per year. Of those, approximately 280,000 result in calls for service. BPD Operations staff is deployed with approximately 40% assigned to the Station and approximately 60% assigned to the Downtown Station. This ratio is based on calls for service. The deployment percentages are subject to re-evaluation and change as needed.

F2. The Station has a property room; however, it is for temporary storage. The booked items are subsequently transported and booked into the Downtown Station Property Room. All seized biological evidence is booked directly into the Downtown Station Property Room.

F3. There are no detention/holding facilities. The two original detention rooms were remodeled and converted into office space. Any interviews/interrogations are conducted at the Downtown Station interview rooms which have audio/video recording capability.

COMMENTS:

The Committee found the Station clean and functional. Although the Station is limited in square footage, the space is being utilized in an efficient manner. The Committee thanks the Captain for his time.

RECOMMENDATIONS: NONE

NOTES:

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



NO RESPONSE REQUIRED

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BEAR VALLEY POLICE DEPARTMENT

PURPOSE OF INQUIRY:

Pursuant to California Penal Code §919(a), an inquiry of the Bear Valley Police Department (Department) of the Bear Valley Springs Community Services District (BVSD) was initiated by the Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury. No visit has occurred since the 2006-2007 Kern County Grand Jury.

PROCESS:

The Committee met with the Chief of Police (Chief) and a Sergeant at the Department, located at 25101 Bear Valley Road, Tehachapi, CA. The Chief showed the Committee throughout the Department.

BACKGROUND/FACTS:

Bear Valley Springs (BVS) is a small resort community of approximately 8,000–10,000 residents. The population fluctuates seasonally as some have “summer” homes in the area. BVS is a gated community located in the Tehachapi Mountains. BVS was established in 1971 by a resolution of the Kern County Board of Supervisors and operates under California Government Code §6100. BVS is governed by an elected five-member Board of Directors. A General Manager is employed to oversee the daily operation of the District. The Chief of Police, hired by the General Manager with Board approval, is charged with managing the Department.

FINDINGS:

F1. The Department is housed in a building that was built in 2001. The Bear Valley Springs Post Office operates from a small room adjacent to the lobby. Otherwise, the building is the Department.

F2. The Chief was hired in April 2004. The Department has five officers, two sergeants, and four reserve officers (Level I). The Department utilizes a “livescan” fingerprint system connected to the Department of Justice.

F3. The Department maintains its own property room.

F4. The Department maintains two holding cells. Persons arrested will be housed for no more than six hours. They will subsequently be transferred to another Kern County Sheriff’s facility.

F5. At least two officers are on duty at all times. Each officer has an assigned “take-home” vehicle. Officers must live within a 30-minute “response time” to the Department.

F6. BVS covers 40,000 acres. There are approximately 170 miles of paved roads to patrol.

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F7. The Department contracts with Tehachapi and Stallion Springs for their dispatch services. The Department has eight full-time and four part-time dispatchers. They handle all 911 calls. Calls to the Department average around three thousand per month. They include police, fire, and medical calls for service.

F8. “Volunteers in Police Service” (VIPS) was organized by the Chief. The program consists of volunteers who assist with activities such as traffic control, answering phones in the office, and calls to seniors to check on their welfare.

F9. The Department is funded from the general fund of the District. The monies come to this fund from property taxes.

F10. Visitors are stopped at the entrance gate for entry authorization. Those allowed entry are residents, persons invited by the residents, or realtors. Approximately 100,000 vehicles pass through the gate per month.

COMMENTS:

The Committee thanks the Chief for his informative talk and tour.

RECOMMENDATIONS:

NONE

NOTES:

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




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CALIFORNIA CORRECTIONAL INSTITUTION

PURPOSE OF INQUIRY:

On October 20, 2011, the Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the California Correctional Institution at Tehachapi (CCI) to inquire into the condition and management of the facility, pursuant to California Penal Code §919(b).

PROCESS:

The Committee reviewed previous Grand Jury reports and recommendations, and sent a list of tentative questions to be answered by the CCI staff. The Committee was met by the Litigation Coordinator, Acting Warden, and various CCI Executive Management personnel. After a meeting which addressed questions, the Committee was taken on an extensive tour of CCI by the Litigation Coordinator.

BACKGROUND/FACTS:

A. CCI is located at 24900 Highway 202, Tehachapi, CA 93581.

B. CCI is the third oldest prison in the Department of Corrections and Rehabilitation (CDCR).

C. CCI opened in 1933, housing only female inmates.

D. In 1952, CCI sustained major damage from an earthquake. Due to this extreme damage, CCI was closed and the inmates were transferred to other institutions.

E. CCI was repaired and reopened in 1954, housing male inmates only.

F. CCI is approximately 1,600 acres.

G. CCI facilities (with population) are as follows:

• Facility A - Security Housing Unit (SHU) and Administrative Segregation Unit (ASU) with 926 inmates

• Facility B - SHU, ASU, Reception Center, and Outpatient Housing Unit with 901 inmates

• Facility C - Reception Center with 1,207 inmates • Facility D - Level II classification with 1,633 inmates • Facility E - Level I classification with 1,034 inmates • Medical Outpatient Housing Unit with 13 inmates • Off-site Community Hospital patients with 6 inmates

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H. CCI staffing levels are as follows:

• 1,123 Correctional Officer positions with 96 current vacancies • 129 Correctional Sergeant positions with 16 current vacancies • 42 Correctional Lieutenant positions with 9 current vacancies • 622 non-custody (civilian) staff

FINDINGS:

F1. The paved roads of CCI are in need of repair.

F2. The average annual cost per California inmate in the 2009-2010 fiscal year was approximately $44,688. Of this amount, approximately $12,000 was applied to medical, dental, and mental health services.

F3. There has been no reduction or termination of any rehabilitative programs during the past year. CCI currently offers the following rehabilitative programs/services to inmates:

• Criminal Gangs Anonymous-Catholic Chaplain • St. Vincent De Paul-Catholic Chaplain • Celebrate Recovery-Staff Sponsors • Narcotics Anonymous-Staff Sponsors and Volunteers • Alcoholics Anonymous-Staff Sponsors and Volunteers • White Bison (Sobriety)-Native American Spiritual Leader • Incarcerated Veterans Group-Staff Sponsors and Volunteers • Substance Abuse Treatment Program-CDCR and Phoenix House • Various educational programs • Various vocational programs • Organizations relative to various religious groups • Alternative to Violence Program • Friends Outside

F4. There are a total of 164 inmate positions for inmate labor outside the secured perimeter. Of these positions, 73 are vacant. All of these assignments are filled by inmates from Facility E (Unit I) and have “Minimum Custody” designations. These assignments include, but are not limited to, groundskeepers, day labor, motor pool, recycling, water treatment plant, manufacturing and maintenance. There are currently two inmate assignment groups with “Off Reservation Work Duty.” These are a City (Tehachapi) Crew and the Firehouse.

F5. The Security Surveillance Camera System monitors and records the dormitories, the gymnasiums, the religious services complex, and visiting areas.

F6. The Waste Water treatment plant is now fully operational and supplies water to the Tehachapi-Cummings County Water District.

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F7. The Electronic Unit Health Record system is fully operational; however, individual patient medical history information is consistently being entered into the system to update each inmate patient’s “chart.”

F8. CCI provides one cold and two hot inmate meals daily.

F9. The total impact of Assembly Bill 109 is unknown due to its implementation being in the “infant” stage. What is known, is a remarkable reduction of the inmate population. CCI staff is planning to:

• De-activate “non-traditional” beds. This will free the gymnasiums for their intended purpose as well as providing traditional sleeping areas freeing up various day rooms within CCI.

• Release an estimated 1,235 inmates. These inmates will be transferred to another State Reception Center, paroled, or turned over to a County Sheriff custody facility.

F10. At this time, CCI management staff does not foresee any personnel layoffs. The reduction of positions will be absorbed through unfilled positions and attrition.

COMMENTS:

The Committee wishes to commend the entire staff of CCI for their dedication to duty, professionalism, and their informative meeting and tour.

RECOMMENDATIONS:

R1. When funds become available, the surface roads of CCI should be repaired.

NOTES:

• The California Correctional Institution should post a copy of this report where it will be available for public review.




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CAMP ERWIN OWEN

PREFACE:

As stated in the State Board of Corrections, Title 15 §1321 (1A): during the hours that minors are awake, one wide-awake child supervision staff member on duty for each 10 minors in detention. As mandated by Corrections Standard Authority of the California Board of Corrections, a Juvenile Corrections Officer (JCO) must have at least 176 hours of Core Training. Officers that due not have Core Training are limited to what interactions they have with minors in detention facilities. PURPOSE OF INQUIRY: On March 15, 2012, the Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury (Grand Jury), along with other Grand Jurors, visited Camp Erwin Owen (Camp) to inquire into the management and operation of the Camp, pursuant to California Penal Code §919(b).

PROCESS:

The Committee and other members of the Grand Jury met with the Probation Division Director of the Camp and other Probation Department employees. An overview of the Camp was presented, followed by a question and answer session. Following the question and answer session, the members of the Grand Jury were taken on a tour of the Camp.

BACKGROUND/FACTS:

The Camp is located at 14401 Sierra Way, Kernville, CA, 93328. The Camp is a non-secure juvenile facility for male juveniles committed by the Juvenile Court. The Camp is designed to accommodate 125 wards between the ages of 14 to 18. There were 88 wards in Camp during the Committee’s visit.

A. Approximately 86% of the Camp’s population is moderate-high or high risk. Due to this, the staff uses an evidence based philosophy and assessment to better address the needs of Kern County juveniles. Kern County College Community Services and the Kern County Superintendant of Schools work with the Camp staff to develop a joint plan.

B. The average length of the program is 20 weeks (140 days).

C. Once assessed, the Camp uses a points system to determine the wards commitment stay. Those wards posing the highest risk to society are generally considered for a 700 point program. Wards of lesser risk are considered for a 360 point earned program.

D. The agricultural program continues to provide the Camp’s Mess Hall with fresh eggs, vegetables and pork.

E. The Camp High School is administered by the Kern County Superintendent of Schools. Juveniles are pre-tested and post-tested. Many wards arrive at the Camp with an educational deficiency of two grade levels and most leave at grade level.

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F. The Camp has four core classes, plus auto shop and welding classes.

G. The Camp maintains a zero tolerance for any gang related activity.

FINDINGS:

F1. The Camp staff consists of 42 JCO employees: • 15 JCO III (down by 12) • 22 JCO I and II (down by 9) • The remaining staff are extra help non-Core Trained officers

F2. A Registered Nurse is available at the Camp seven days a week from 7 a.m. to 5 p.m.

F3. Previous Grand Juries have recommended the building of a new Mess Hall. Construction is almost complete and the Grand Opening is scheduled for August 2012.

COMMENTS:

Observation during the Committee’s visit showed the wards to be attentive to the staff in both the unstructured areas and classroom settings. The Committee commends the staff for their concern for the wards at Camp, and for the well-maintained and efficiently run facility.

RECOMMENDATION:

R1. Due to budget/hiring constraints, the County is forced to hire extra help employees. Extra help employees should be Core Trained to ensure the efficiency of the staff at Camp Erwin Owen.

NOTES:

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




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DELANO POLICE DEPARTMENT

PURPOSE OF INQUIRY:

The Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Delano Police Department (Department) on April 2, 2012, to inquire into the management and operation of the Police Department pursuant to California Penal Code §925a.

PROCESS:

The Committee met with the Chief of Police, Investigation and Operations Commanders, one Community Service Officer, Dispatch/Records Manager, Property/Evidence Clerk, and various other staff. A briefing on the operations of the Department was conducted with a question and answer session. A tour of the facility followed the briefing.

BACKGROUND/FACTS:

The Delano Police Department is located at 1022 12th Avenue, Delano, California. The Department has been in existence for approximately 83 years. The current Chief of Police was hired in May 2006. The Investigations Division is located at 1037 Lexington Street.

FINDINGS:

F1. The 2011-2012 Department budget is approximately seven million dollars.

F2. The Neighborhood Watch program includes 42 watch groups. Neighborhoods are divided into separate districts and officers are assigned to a specific district.

F3. The Department has 43 sworn officers with seven open positions and six reserve officers.

F4. The Department has a jail which is open 24 hours a day.

F5. Currently Animal Control has three full time employees with four volunteers. The facility’s capacity is 55 dogs and 75 cats. Animal Control only euthanizes sick or injured animals. Local businesses donate damaged bags of food to the shelter.

F6. The Department has a SWAT team, which includes three Negotiators.

F7. The Department is very aggressive in applying for and obtaining grant monies with an 80% success rate.

F8. The Department has six full-time and two part-time dispatchers, with two “call takers.”

F9. Gang activity is a major concern for the Department.

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F10. The Department has two Gang experts and three Sexual Assault experts.

F11. The Department purchased ten acres of land through bond monies, one mile north of its current location at 2310 High Street, for a new police building. It is projected that the new facility will be operational 18 months after the initial ground breaking.

F12. The Department is responsible for municipal code enforcement using two Code Enforcement Officers.

F13. The Department has a youth involved Police Explorer Program. Currently there are 19 Junior Explorers, 16 Explorers, and five Cadets.

F14. The Department acquired an armored tactical vehicle through military surplus for the SWAT team. The vehicle’s value is approximately $250,000. The Department also acquired patrol rifles.

F15. The Department services a population of approximately 49,520 and covers ten square miles of patrol area. The goal is to have 1.5 officers per 1,000 citizens.

F16. In 2011 the Department received approximately 30,000 calls for service and completed 4,963 reports.

COMMENTS:

The Committee commends all that participated in the briefing for their professionalism and courtesy during the visit.


NOTES:

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




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GOLDEN STATE/CENTRAL VALLEY MCCF

PURPOSE OF INQUIRY:

The Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Golden State/Central Valley Modified Community Correctional Facility (MCCF) on April 2, 2012, to tour the facility, interview personnel, and review programs pursuant to California Penal Code §919(b).

PROCESS:

The Committee was met by the Warden, Deputy Warden and the Assistant Warden. The Warden began with a question and answer session, followed by a tour of MCCF.

BACKGROUND/FACTS:

MCCF is located at 611 Frontage Road, McFarland, CA 93250. MCCF opened in 1998 and is a Level I and II security facility. MCCF is entirely a special needs facility. MCCF is operated by the Global Expertise in Outsourcing Group Incorporated (GEO) and is a world wide company. MCCF is currently under contract with the California Department of Corrections and Rehabilitation (CDCR). This contract is due to expire in June 2012, unless an extension can be obtained.

MCCF is an all male facility with a capacity of 640 inmates. At the time of the visit, there were 582 inmates in custody. Inmates are in custody primarily for drug-related and some sex crimes.

A. There are 133 GEO employees and 11 CDCR employees at MCCF.

B. A Nurse is available eight hours a day, seven days a week. If a medical issue arises that cannot be handled, the inmate is taken to North Kern State Prison for treatment.

C. CDCR pays GEO $40.82 per day per inmate.

FINDINGS:

F1. MCCF has 45 employees with more than five years of service, 34 employees with more than 10 years of service, and four employees with more than 20 years of service.

F2. Education classes offered at MCCF are: Adult Basic Education (ABE), English as a Second Language, and General Education Development.

F3. Vocational Training includes: Computer Classes, Horticulture, Plumbing, Heating/Ventilation/Air Conditioner, Janitorial Services, and Basic Residential Electrical.

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F4. Religious programs are provided to inmates through volunteer community clergy and representatives.

F5. Counselors are available to assist inmates with questions and paperwork. Counselors administer the ABE test soon after the inmates’ arrivals to ascertain grade placement levels and help determine which programs would best suit inmates according to needs and abilities.

F6. There are two additional GEO facilities in close proximity that are closed because of loss of contracts with CDCR.

COMMENTS:

The Committee thanks MCCF Staff for their professionalism and knowledge during the Committee’s visit. The Committee also commends the Warden for the cleanliness of MCCF.

GEO should continue efforts in obtaining a contract from CDCR to ensure MCCF’s future in McFarland.


NOTES:

• The Golden State/Central Valley MCCF should post a copy of this report where it will be available for public review.




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JAMES G. BOWLES JUVENILE HALL

PREFACE:

As recommended in the Law and Justice Committee report of the 2010-2011 Kern County Grand Jury Final Report: 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. As stated by staff during this visit, although the issue still exists, the Department has sufficient means to assure the safety of Correctional Officers, staff and juveniles.

PURPOSE OF INQUIRY:

On February 9, 2012, the Law and Justice Committee (Committee) and other Grand Jurors of the 2011-2012 Kern County Grand Jury visited the James G. Bowles Juvenile Hall (JH) to inquire into the condition and management of the facility pursuant to California Penal Code §§919, 921 and 925.

PROCESS: The Committee members met with the Chief of Probation, Deputy Chief Probation Officer, Division Director and Assistant Director. The Committee was given a question and answer session followed by a tour of the JH Facility and campus which includes Pathways Academy and the Furlough Treatment and Rehabilitation programs.

BACKGROUND The James G. Bowles Juvenile Hall is located at 1831 Ridge Road, Bakersfield, CA 93305. JH, including Pathways, operates 24 hours a day and is a year around facility/program. JH is a secure detention facility for minors ranging in age from 14-17 ½. However, minors who have committed a law violation can be held up to the age of 21. The Committee reviewed the Probation Department web site and prior Grand Jury Reports.

FINDINGS:

F1. At the time of the Committee’s visit the JH population was 111 with a maximum capacity of 128. Pathways Academy capacity was 16 with a maximum of 20, and the Furlough Treatment and Rehabilitation program was full at the maximum capacity of 30.

F2. There are approximately 3,500 juveniles on probation.

F3. The population consists of approximately 60% Hispanic, 20% African American and 20% Caucasian/Other.

F4. The colored shirts worn by the juveniles distinguish their security level within the facility.

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F5. By law, juveniles must have Academic and Physical Education programs. Visitations must also be allowed.

F6. JH has a “no tolerance policy.” All juveniles are housed together; there is no separation by gang affiliation.

F7. Medical staff is on duty seven days a week, 12 ½ hours per day.

F8. Methamphetamine remains the “drug of choice” by JH juveniles. Approximately 50% of juveniles in JH are there for drug related crimes.

F9. Meals are prepared by the Crossroads facility and transferred to the JH and Pathways facilities.

F10. Pathways is a 60 to 90 day, all girl, facility providing gender specific programs. Privately sponsored trips include the Getty Museum, Museum of Tolerance and the Bakersfield Condors games.

F11. Central School (located on the site) provides 270 minutes of class time per day. School rooms are monitored using a Visual Monitoring System of the school grounds including the six classrooms. The school is part of the Kern County Superintendent of Schools Office. All credits are transferrable to High School units.

F12. Truancy court is held six times a year with Judge sentenced court ordered weekends. The juveniles are housed separately from the other population.

F13. Over the last two years the Department has lost 105 (sworn and non-sworn) positions due to budget limitations.

COMMENTS: The Law and Justice Committee thanks all participants for their professionalism and courtesy during the visit.


NOTES:

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




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KERN COUNTY SHERIFF’S OFFICE CORONER/PUBLIC ADMINISTRATOR DIVISION

PURPOSE OF INQUIRY: On August 23, 2011, the Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Kern County Sheriff’s Office Coroner/Public Administrator (Coroner’s Office). This was done Pursuant to Penal Code §925. The Health, Education, and Social Services Committee also attended the tour of the Coroner’s Office. PROCESS: The Committee met with the Sheriff’s Commander (Commander) in charge, a Chief Deputy, the Commander’s Supervisor and the Public Administrator. The Commander is also in charge of the Civil Division and the Property Room. The meeting was conducted in a conference room. Following the meeting a tour was conducted of the Coroner’s facility. BACKGROUND/FACTS: The Coroner’s Office is located at 1832 Flower Street, Bakersfield, CA 93305. This location is on the Kern Medical Center campus. The office of the Coroner was established in 1866 and combined with the Public Administrator in 1922. The Board of Supervisors consolidated the Coroner/Public Administrator with the Sheriff’s Department in 1995. The Sheriff then became the Kern County Sheriff Coroner/Public Administrator.

The Division was managed for several years by an elected Coroner. In February 2006, a Sheriff’s Commander was assigned to manage the Division with a supervising Deputy Coroner reporting to the Commander. The Commander has been in his current assignment for approximately nine months.

The Coroner has a mandated duty to inquire into, and determine the circumstances, and cause of death in Kern County. This includes State and Federal Prisons and Military Installations. Currently a private physician can sign a death certificate if someone dies of natural causes within 20 days of seeing that physician. There are five manners of death: accident, suicide, homicide, natural or undetermined.

A. There are eight Deputy Coroner positions, of which six are currently filled. This increases, immensely, the number of additional hours that are worked beyond the 40 hour work week.

B. There are three contracted Pathologists that perform approximately 750 autopsies per year. However, there are only two autopsy rooms. There are approximately 5,300 deaths per year in Kern County, of which half become Coroner cases. There are two autopsy assistants, with one vacancy, to assist the Pathologists.

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C. Autopsies are usually done the next day following a death. Homicides, and officer involved shootings are a high priority.

D. The Coroner’s Office has two 19 person morgue trailers for use in mass casualty situations.

E. The Public Administrator has been in the position for three years. The Public Administrator is a member of the Sheriff’s Department Management Staff. The Public Administrator administers the estate if, (1) there is no next of kin, (2) if the next of kin is unwilling or unable to administer the estate, or (3) the Superior Court appoints the Public Administrator to administer the estate.

F. The Public Administrator charges a fee of 4% of the total estimated value of the estate or $1,000, whichever is greater. This fee goes into the County’s General Fund. The Public Administrator receives approximately 165 referrals a year, of which 45 become probated. Approximately $30,000 is budgeted per year for cremations.

G. Toxicology screening is done by an outside firm located in Philadelphia, PA. This firm performs a pre-designated battery of tests. If other tests are needed, the Coroner’s Office makes an additional request. These tests are conducted at an additional cost. Only two tests are done in California, marijuana and alcohol. Last year’s testing was done at a cost of approximately $185,000. This testing is done on an annual open purchase order.

FINDINGS:

F1. The Deputy Coroners are paid approximately 20% less than a Deputy Sheriff. The Deputy Coroners are peace officers while they are on duty, per §835.5 of the California Penal Code.

F2. There is an open position for a civilian Coroner Manager. This position has been vacant for two years providing a salary savings to the County.

F3. There are two coolers and one freezer in the Coroner’s Office that are in serious need of repair and expansion to meet the increasing population of Kern County. This important issue has not been addressed or resolved. The Coroner’s Office was built in 1974.

F4. The antiquated dual air conditioning system needs replacement as soon as possible. The air conditioning problem was addressed in the 2007-2008 Kern County Grand Jury report and continues to be a vital concern.

F5. The original plumbing system in the Coroner’s Office is in dire need of replacement and/or repair.

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COMMENTS:

The Committee was impressed with the Chief Deputy’s, the Commander’s and Public Administrators’ professional attitude exhibited during the visit. The Committee was also impressed with the professionalism and respect that the Coroner’s Office employees exhibited toward the decedent’s remains. The Committee commends the Coroner’s staff for maximizing the use of an antiquated facility. RECOMMENDATIONS:

R1. The Sheriff should continue to work with the Board of Supervisors to secure a new building and/or location for the Coroner’s Office. The Coroner’s Office should make much needed repairs to the facility.

R2. The Sheriff should also work with the Board of Supervisors to bring the level of pay of Deputy Coroners to that of a Deputy Sheriff.

R3. The Commander is in the process of making a proposal for a new facility. The proposal will incorporate the needs of the Coroner’s Office, as well as the needs of any other health services that could occupy the same facility. If this proposal is accepted and comes to fruition, the repairs noted in R1, need not be addressed.

The Kern County Sheriff’s Office Coroner/Public Administrator Division 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 LAMONT SUBSTATION

PURPOSE OF INQUIRY:

The Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Kern County Sheriff’s Department Lamont Substation (Substation) on November 29, 2011, pursuant to California Penal Code §919(a) and §925.

PROCESS:

The Committee met with the Sergeant in charge. A question and answer period preceded an extensive tour of the Substation. The tour included the Substation and court facilities, squad room, two interview rooms, property room, two holding cells, break area, offices and booking room. The Committee also toured the court areas which included two courtrooms, two holding cells, transportation Deputies room, magnetometer, and lobby area.

BACKGROUND/FACTS:

The Substation is located at 12022 Main Street, Lamont, CA. 93241. The Substation response area encompasses 493 square miles which extends west beyond I-5. 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 Substation is responsible for providing law enforcement services to the residents and businesses located throughout the 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 has two holding cells in the same complex.

A. One Lieutenant is assigned to supervise the Lamont, Taft and Frazier Park Substations.

B. The Substation currently has 16 sworn Deputies, including one day Sergeant/Watch Commander, one night Sergeant, three Senior Deputies, 11 Deputy Sheriffs and two non-sworn Office Service Technicians.

C. The Substation’s response boundaries are: North to State Route 58, South to Laval Road, East to the base of Bear Mountain and West to Gosford Road.

D. The Sergeant indicated that the level of violence and property crimes by gang members has increased.

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FINDINGS:

F1. The Substation was clean and well maintained. The carpet shows heavy wear and tear.

F2. There are no K-9 units assigned to the Substation. When a K-9 unit is required, it is deployed from the Bakersfield Metro area.

F3. The Substation’s Sheriff’s Activity League and volunteers from the Citizen’s Services Unit participate in the graffiti removal program.

F4. Prisoners in the Court holding units do not have any overnight stays; however, the transportation Deputies bring sack lunches for the prisoners. Inmates are transported from the Kern County Sheriff’s Department Central Receiving Facility to the court facility by Deputies that work out of the transportation unit in Bakersfield.

F5. The transportation Deputies also transport and book evidence from the Substation into the Kern County Sheriff’s Department Property Room.

COMMENTS:

The Committee was greeted with courtesy and professionalism by the Sergeant at the Lamont Substation/Court Facility.

RECOMMENDATIONS:

R1. When funds become available, the carpet in the Substation should be replaced.

NOTES:

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




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KERN COUNTY SHERIFF’S DEPARTMENT LERDO FACILITY

PURPOSE OF INQUIRY:

The Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Kern County Sheriff’s Department Lerdo Facility (Lerdo) on April 3, 2012, pursuant to California Penal Code §§919(b) and 925. The main focus of the visit was to obtain information regarding the impact of Lerdo’s operations due to the implementation of Assembly Bill 109 – California Prison Realignment (AB 109).

PROCESS:

The Committee took a tour of the facility, met with a Kern County Sheriff’s Department (Department) Chief Deputy, various Lieutenants, and Staff. Also present was a Sergeant who is designated as the “AB 109 Realignment Coordinator.”

BACKGROUND/FACTS:

Lerdo is located at 17635 Industrial Farm Road, Bakersfield, CA 93308. Lerdo was originally designed as a minimum security facility (“Road Camp” or “Honor Farm”). At that time, Lerdo used low security-risk inmates as the labor force for farming and ranching which provided some consumable products to the inmates. Since that time, Lerdo is now a facility housing higher security-risk inmates. The farming and ranching programs no longer exist.

A. Lerdo has four separate housing units: Pre-Trial (male/female), Maximum/Medium (male), Male Minimum and Female Minimum. The Maximum/Medium unit contains eight dorms as well as cells. The Minimum units are barracks.

B. Lerdo provides medical, dental, and mental health services as well as GED and “trade” certification programs.

C. As well as housing inmates serving sentences, Lerdo is responsible for the transportation of inmates to and from court proceedings.

D. Lerdo houses, on average, 195 Federal inmates (per contract).

E. The average daily cost per inmate, per day, is $85.82.

FINDINGS:

F1. The inmate population at the time of the visit was 2,584.

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F2. A Medical Doctor, Dentist and Mental Health Workers are on duty during normal business hours or as needed. A Registered Nurse is on duty 24 hours a day, seven days a week. If a medical issue arises that the on duty staff resources cannot handle, the inmate is transported to Kern Medical Center.

F3. The majority of inmate visitation is accomplished by non-contact means via phones which are monitored and recorded. The Female Minimum Unit’s visitation consists of inmates and visitors being seated across from each other on picnic tables. There is a high volume of inmates (50 maximum) and visitors (maximum of two adults and two children per inmate) per visit session. This is problematic for the staff due to the number of subjects to monitor to avoid contraband being passed between visitors and inmates.

F4. The majority of the inmates are in custody for crimes directly or indirectly related to illegal drug activity.

F5. The Lerdo Facilities transport 100 to 200 inmates per day to and from court proceedings.

F6. The Inmate Welfare Fund is used by the Department to pay for needs not mandated by law.

F7. At the time of the visit, there were 371 subjects on “Sheriff’s Parole.” If not for this parole, these subjects would currently be in custody.

F8. The Male Minimum Facility is comprised of 19 barracks. These barracks are antiquated and are in need of continuous maintenance and repair. To aid in this maintenance, three of the barracks are always unoccupied for repair. Once an empty barrack is repaired, inmates are re-housed into this barrack and repairs of the newly vacated barrack begin. This is an ongoing process. Tear down and rebuilding is not an option in this financial climate.

NOTE: The following findings are related to the implementation of AB 109:

F9. The staff of the Department has changed the way of “doing business.” Lerdo staff is moving away from the traditional thinking of strictly housing, providing the basic needs and releasing prisoners after serving sentences. Reduction of the recidivism rate, via rehabilitation (job training programs/mental health/substance abuse services) is the Department’s goal. Providing the inmate with a work skill and/or mental health counseling will, hopefully, result in an employable ex-inmate.

F10. Lerdo has a newly created position of Education Coordinator. This position is a Senior Deputy in charge of implementing and orchestrating all programs offered to the inmates. Currently, there are 17 classes offered through Lerdo. These classes include, but are not limited to, GED preparation, Safe-Serve (food services), Art, Auto Body and Basic Computer Skills (pending).

F11. Lerdo has four newly created positions of Substance Abuse Specialists. These Specialists are provided through Kern County Mental Health and are funded through the Inmate Welfare Fund.

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F12. The Department designated a Sergeant to be the “AB 109 Realignment Coordinator.”

F13. There are 64 inmates participating in Substance Abuse Counseling (The Matrix Institute Model) with a waiting list of 300.

F14. The Department is utilizing various private treatment programs which specifically address mental health and drug abuse.

F15. Paroled inmates, who violate the terms of parole, are re-committed for a maximum of 180 days. Inmates may, and often do, receive “half time credits” which reduces the actual time served.

F16. At the time of the visit, there were approximately 800 inmates who, prior to AB 109, would be housed in a California State Prison. This number is increasing.

F17. Under the auspices of AB 109, there is no maximum time limit an inmate can serve in county jail. Kern County has one inmate sentenced to nine years and several sentenced to six years. Since Lerdo is no longer a short term commitment facility, staff has noted a distinct mentality change of many inmates. Due to extended stays, these inmates display a “prison mentality.” This mentality is an issue the Detention Deputies must now address. Currently, there are approximately 100 inmates serving sentences of three years or more.

F18. To raise the capacity level, Lerdo remodeled selected one man cells into two man cells to double the capacity. This expansion was accomplished at a fraction of the cost of new construction.

F19. The Department has qualified for California State funds of $100 million. These funds are from Assembly Bill 900 – The Jail Financing Program. These funds must be used for construction only. If accepted by Kern County, Lerdo’s capacity would increase by 790 beds. To receive these funds, Kern County must match 10% of these funds ($10 million). If Kern County chooses to receive this $100 million all expenses, after construction is completed, are the responsibility of Kern County. These are major expenses including, but not limited to, salary and benefits for newly hired staff, medical/dental/mental health care for inmates, as well as the day to day expenses incurred during the routine operation of Lerdo. As of this writing, the Kern County Board of Supervisors has yet to decide whether or not to accept these funds.

COMMENTS:

The Committee commends the Department and in particular, Lerdo Staff, for their dedication and actions due to the challenges and hardships created by AB 109.


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NOTES:





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KERN COUNTY SHERIFF’S DEPARTMENT PROPERTY AND EVIDENCE FACILITY

PURPOSE OF INQUIRY: On September 14, 2011, the Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Kern County Sheriff’s Department Property and Evidence Facility (Facility) to inquire into the condition and management of the Facility according to Penal Code §925. The Committee was also following up on the recommendation of the 2010-2011 Kern County Grand Jury. The Recommendation is as follows:

“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; or (c) security roll-up doors should be installed at the head of the stairs leading to the downstairs facility.”

In the Kern County Board of Supervisors written response to the recommendation of the 2010-2011 Kern County Grand Jury states:

“The Board of Supervisors note that the Sheriff has not been given full occupancy of the building as other storage requirements are being met. However, security measures are being planned to maintain the integrity of the property and evidence stored in the facility.”

PROCESS: The Committee reviewed the 2010-2011 Kern County Grand Jury Final Report. The Committee met with the Lieutenant and Sergeant responsible for management of the Facility. They gave the Committee a briefing and tour of the Facility. Two Committee members visited the secured second floor of the building on September 26, 2011. BACKGROUND/FACTS: The Facility is located behind the Superior Court building and Central Receiving Facility (main jail).

A. The Law and Justice Committee was taken on a tour of the Facility which included the refrigeration storage area, gun room, drug storage room, homicide evidence room (ghost room) and general evidence storage areas.

B. The Facility is staffed by one Lieutenant (not on site), one Sergeant and five Sheriff’s

Aides.

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C. All evidence is bar coded for tracking purposes with scheduled review of access

records to ensure accountability. Seized cash, drugs, and firearms are inventoried every four months. The rest of the property is inventoried at least once a year.

D. All confiscated drugs, other than marijuana, are incinerated once the criminal case is

adjudicated. Smaller seizures of marijuana are stored in the Facility until the case is adjudicated. In larger marijuana seizures, samples of the marijuana are retained for Court, and the remainder destroyed immediately. Marijuana is destroyed by burial.

E. Weapons found to be a “nuisance” by the Court, are periodically inventoried,

gathered, and destroyed by a local company at an undisclosed location.

F. All biological evidence is stored at room temperature without the risk of decomposition. This evidence is never destroyed. In adjudicated cases, this evidence is stored forever for any future retesting that may arise.

FINDINGS:

F1. The second floor of the building is under the control of Kern County General Services. This second floor is being used for “storage,” however, it is essentially empty. This storage space is not being used efficiently. Currently, it appears there are no future plans for the second floor. General Services has limited access to this building, which may create security issues for the Facility.

F2. Currently the Sheriff’s Department leases one off-site building for additional storage.

F3. The Facility is still in need of more space. Arrangements are under way to store

additional property in two cargo containers at an undisclosed location.

F4. The upgraded security system includes 16 security cameras and other security features situated throughout the Facility.

F5. There is a card lock system in place where each employee is identified when they

access an internal locked area. The current practice is a minimum of two employees, together, accessing these locked areas. This system allows a supervisor to audit the entry activity.

F6. Currently, there are approximately 60,000 pieces of property and evidence stored at

the Facility.

F7. The Sheriff’s Department is researching the possibility of charging a storage fee to owners of seized firearms being stored for safekeeping.

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COMMENTS: The Committee would like to thank the Lieutenant and Sergeant in charge for the professional and informative tour of the Facility. The Committee was impressed with the organization of the property and how it was maintained in a neat and clean manner. The Committee also acknowledges the fact that the Facility does not have enough square footage to adequately store all the property. RECOMMENDATIONS:

R1. The Kern County Sheriff’s Department should occupy the second floor of the building, as it appears the storage square footage is not being utilized efficiently.

R2. If the previous recommendation is not attainable, the Sheriff’s Department, in

conjunction with Kern County General Services, should address the previously noted security issue addressed in the 2010-2011 Kern County Grand Jury Final Report, as this issue has not been resolved.

NOTES:


• Persons wishing to receive an email notification of newly released reports may sign up at

www.co.kern.ca.us/grandjury, and click on: Sign up for early releases.


RESPONSE REQUIRED WITHIN 60 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 TEHACHAPI SUBSTATION

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Kern County Sheriff’s Department Tehachapi Substation (Substation) on December 6, 2011, pursuant to California Penal Code §919(b) and §925, to observe the facility and interview the Sergeant in charge of the Substation.

PROCESS:

The Committee met with the Sergeant in charge of the Substation who conducted a question and answer session, after which the Committee was given a tour.

BACKGROUND/FACTS:

The Substation is located at 22209 Old Town Road Tehachapi, CA 93561. The Substation covers approximately 572 square miles of unincorporated area around Tehachapi including Sand Canyon, Hart Flat, Keene, Bealville and Old West Kern. There are two Community Service Districts (CSD), Stallion Springs and Bear Valley Springs, who provide their own Police Departments.

A. The entire Tehachapi Valley has approximately 35,000 residents. The Substation serves a population of approximately 18,000 to 20,000 residents.

B. The Substation can provide/receive mutual aid from surrounding agencies if the need should arise. These agencies are: Tehachapi Police Department, Stallion Springs Police Department, Bear Valley Police Department, Burlington Northern Santa Fe Railroad Police, and the California Highway Patrol.

C. The Substation is staffed by one Sergeant, seven Deputies, two Investigators, and two Office Service Technicians (OST). The Substation has a Citizen Service Unit (CSU) that has been active for over 15 years, and has 18 people involved.

FINDINGS:

There are no holding cells or secure interview rooms at the Substation. Arrestees are brought to the Substation for investigation follow-up and then booked at either the Mojave Substation or downtown Bakersfield.

F1. There are no security measures in place to monitor entry into the building or restrict entry into unauthorized areas of the building. This is a security issue for staff.

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F2. The Substation is currently in a leased building and shares the site with the Kern County Roads Department located in Golden Hills.

F3. The CSU provides valuable volunteer services to the Substation.

COMMENTS:

The Committee thanks the Substation personnel for their courtesy and professionalism during our visit.

RECOMMENDATIONS:

R1. An electronically locked door and audio/video recording equipment should be installed at the front counter for personnel security.

R2. An interview room should be installed at the Substation, complete with audio/video recording equipment, when funds and space become available.

R3. The OST desks should be positioned to allow direct view of the public access entry.

NOTES:





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KERN VALLEY STATE PRISON

PURPOSE OF INQUIRY:

The Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Kern Valley State Prison (KVSP) on November 1, 2011, to inquire into the condition and management of the KVSP pursuant to California Penal Code §919(b).

PROCESS:

The Committee met with the Acting Warden and the Lieutenant (Lieutenant), who is the Administration Assistant / Public Information Officer. A question and answer session was conducted prior to taking a tour of the facility which included: the Special Needs Yard (SNY), Administrative Segregation Unit (ASU), health screening with dental services areas, and the prison grounds.

BACKGROUND:

KVSP is located at 3000 West Cecil Avenue, Delano, CA 93215. KVSP is a Level IV facility consisting of four semi-autonomous facilities and two that stand alone. ASUs are surrounded by a Lethal Electrified Perimeter Fence. There is also a Level I Minimum Support Facility (Facility M). KVSP is on 600 acres with an additional 200 acres designated for the Prison Industries Authority for agricultural use.

Opened in 2005, KVSP is the latest prison (33rd) to be built in California. The Lieutenant advised the Committee that the design of the prison was to take the best features from other prisons and incorporate them into the design of KVSP.

FINDINGS:

F1. The design capacity is 2,488 inmates. At the time of the inspection the total count was 4,620 inmates. Actual arrivals vary from week to week. Facilities A and B are for General Population. Facilities C and D are for “Special Needs” prisoners and Facility M is for Level I prisoners.

F2. The work crews, which consist of Level I Minimum Support inmates, are responsible for the upkeep of the facility such as janitorial, grounds maintenance, etc.

F3. A four-plex is available for conjugal visits. Due to the lack of a number of inmates who qualify, one unit is utilized for this purpose and the other three are used for administrative office space. Level I inmates qualify for reasons such as good behavior. The Level I inmates get three days when such visits are allowed. The family must bring in all food and other necessary items. Inmates serving life sentences do not qualify for conjugal visits.

F4. Current total Correctional Officer personnel are 1,092. Of this number, 11 are Permanent Intermittent Employees (PIE).

F5. KVSP staff includes medical and dental personnel and also sub-contracts for additional staff/services as needed. There are approximately 1,100 non-custody staff. These positions are medical, maintenance, educational, and clerical support staff.

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F6. The ASU is considered a “jail within the prison.” This area is designed to allow the Correctional Officers to closely monitor these inmates. This unit has eight buildings and a gymnasium.

F7. AB-109 will affect KVSP by reducing M Facility and Level III gymnasium populations. Due to this population decrease, KVSP expects minor cuts in staffing.

F8. Total cost to house an inmate is approximately $47,000 a year. Of this figure, approximately $14,820 is for medical, dental, and mental health services.

F9. The Electronic Unit Health Records System is fully operational (EUHRS). The inmate medical information is current.

F10. KVSP offers several self-help programs including: Alcoholics Anonymous, Narcotics Anonymous, Anger Management, vocational, and educational.

F11. The Educational Diversion Goals to Endeavor (EDGE) is a program dedicated to “at-risk” youth. Correctional Staff orchestrate counseling sessions between inmates and the youth. The program targets junior high and high school age juveniles. This program works closely with “Project 180” from Bakersfield.

F12. KVSP utilizes the Strategic Offender Management System (SOMS). The project consolidates existing databases and records to provide a fully automated system and replace “manual paper processes.” The program will upgrade and standardize parole data and management practices. SOMS was designed to further enhance staff, offender, and public safety.

F13. The Waste Water Treatment Plant is operating effectively. Upgrades of the plant are in progress.

F14. The current concerns with gangs are the continued growth in membership and criminal acts of violence within California prisons.

COMMENTS:

The Committee thanks the Warden and his staff for the courtesy and professionalism exhibited during the visit.


NOTES:

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




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NORTH KERN STATE PRISON

PURPOSE OF INQUIRY:

On November 1, 2011, the Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited North Kern State Prison (NKSP) to inquire into the management and conditions pursuant to California Penal Codes §919(b) and §921.

PROCESS:

The Committee members met with the Acting Warden (Warden), Public Information Officer (PIO), Litigation Coordinator (LC), and numerous other Staff. After a question and answer session, a tour of NKSP was conducted by the PIO and LC.

BACKGROUND/FACTS:

NKSP is located at 2737 Cecil Avenue, Delano, CA, 93215. NKSP was built in 1990 and occupied in 1993. NKSP is built on 640 acres and processes approximately 400 inmates a week, both incoming and outgoing, and that number is receding.

A. The inmate count as of the visit was 4,829. NKSP was originally designed to hold 2800-2900 inmates. There are three reception centers in Kern County. They are Wasco State Prison, California Correctional Institution, and NKSP.

B. NKSP functions as a reception center for the processing of incoming inmates from southern and some northern counties in California. NKSP also functions as the transportation hub for the California Department of Corrections and Rehabilitation.

C. The estimated annual cost to house an inmate is $49,000. Of that amount, $12,000 is for all associated medical, dental, and mental health costs.

D. NKSP has a voluntary educational program, English as a Second Language (ESL), and a General Equivalency Diploma (GED) program. There are eight teachers on staff.

E. All religious services, including those for Native American Indian, are offered.

F. NKSP prepares two hot meals and a sack lunch (onsite) for the inmates.

G. NKSP utilizes all local hospitals should the need arise. Minor surgery can be performed at NKSP. If a higher level of care is needed, a local hospital is utilized.

H. Inmates can earn between 19 to 39 cents an hour depending on job assignment.

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FINDINGS:

F1. NKSP has a Crisis Response Team that responds to the local prisons, Kern Valley State Prison (KVSP) and Wasco State Prison. KVSP has an onsite gun range.

F2. The facilities at NKSP are:

• Facility A, Medium Custody/Support System • Facility B, Reception Center • Facility C, Dormitory Level I and II inmates • Facility D, Reception Center, Sensitive Needs Yard, and Administrative

Segregation Unit • Facility M, Level I inmates

F3. NKSP currently employs 734 Correctional Officers, and is budgeted for 726 Officers, thus making NKSP eight Officers over its quota. When AB-109 is fully implemented NKSP will eliminate 30-35 positions, which are inmate population driven.

F4. With the implementation of AB-109, new vocational programs are scheduled. These programs will be small engine repair, electrical, and general office services.

F5. Due to AB-109, the gymnasium is no longer used as a dormitory.

F6. NKSP does not have a Waste Water Treatment Plant. NKSP’s wastewater system is composed of a collection system, screening facility, pump station, and force main. Wastewater treatment and disposal service for NKSP is provided by the City of Delano.

F7. The Electronic Unit Health Record system is fully operational. This follows the inmate’s medical history throughout the California Department of Corrections and Rehabilitation, and is continually updated.

F8. The Kern County Grand Jury of 2010-2011 indicated in one of its findings that “all areas of NKSP visited by the Committee were unkempt in comparison to other State facilities visited.” It was noted that all areas observed and visited by the Committee were very clean and well maintained.

F9. NKSP has not yet felt the full impact of AB-109. In the near future, Facility A will transition to housing medium custody inmates only.

F10. NKSP is currently installing a solar panel facility on its property. This facility will provide power to NKSP as well as KVSP, providing a cost savings.

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COMMENTS:

The Committee thanks the Warden and his staff for the courtesy and professionalism exhibited during the visit.


NOTES:

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




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SHAFTER COMMUNITY CORRECTIONAL FACILITY

PURPOSE OF INQUIRY: On September 12, 2011, the Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Shafter Community Correctional Facility (SCCF). The purpose was to inquire into the condition and management of the SCCF. This was done pursuant to Penal Code §919(b). PROCESS: The Committee members met with the Chief of Police/Corrections and the Assistant Chief of Corrections. After the meeting, a tour of the SCCF was conducted. During the tour, the Committee was able to interact with correctional staff. BACKGROUND / FACTS: The SCCF received their first inmates on January 19, 1991. The current contract with the California Department of Corrections and Rehabilitation (CDCR) was supposed to expire January 7, 2017. The City of Shafter has been notified that the CDCR will cancel its contract effective November 30, 2011. This is due to the release of CDCR prisoners from state custody, per AB109.

A. The inmate capacity is 480. The inmate count on the day of visitation was 221.

B. Since CDCR notified the SCCF of the contract cancellation, the SCCF has terminated 17 Correctional Officers. The senior most Correctional Officer had six years with the SCCF when layed off. The SCCF management staff has stated that laid off personnel would be considered first for rehire.

C. Prior to the notification of closure, SCCF provided educational and vocational services for the inmates. These services were General Education, computer applications, building/maintenance vocation, anger management, Narcotics Anonymous, Alcoholics Anonymous, as well as other work assignments within SCCF.

D. Prior to the notification of closure, SCCF utilized six inmate work crews contracted through Cal Trans to provide roadside cleanup. One of the crews was assigned to the City of Shafter for miscellaneous cleanup and graffiti removal. SCCF also provided work crews to assist other agencies (i.e. City of Wasco, City of McFarland, Kern County and California State University Bakersfield).

E. SCCF has two control centers that monitor the dorms. One of the control centers is currently unused. The control centers are equipped with state-of-the-art surveillance systems. The dorms are staffed by Correctional Officers.

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FINDINGS:

F1. In spite of the reduced staffing level and inmate population, the SCCF is well maintained and clean.

F2. SCCF is hopeful of gaining another contract, through a request for proposal, from a neighboring county that would enable SCCF to bring their inmate population to capacity.

F3. Since SCCF was notified by CDCR of the contract cancellation, the current staffing consists of an Assistant Chief, two Lieutenants, five Sergeants, three Senior Officers and 18 Correctional Officers. Non-sworn personnel consist of two office staff, one educational instructor, a Maintenance Supervisor, a Licensed Vocational Nurse and four kitchen staff.

COMMENTS: The committee commends the SCCF personnel for the cleanliness and efficient manner in which SCCF operates. The Committee observed the positive attitude displayed by the Correctional personnel and the professionalism exhibited during the visit, with the upcoming cancellation of the CDCR contract. RECOMMENDATIONS:

R1. SCCF should continue their efforts in securing another contract to bring their inmate population to capacity.

R2. If the SCCF secures another contract, the Inmate Work Crew Program should be

reinstated. 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. RESPONSE REQUIRED WITHIN 90 DAYS TO: PRESIDING JUDGE KERN COUNTY SUPERIOR COURT 1415 TRUXTUN AVENUE, 2ND FLOOR BAKERSFIELD, CA 93301

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

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SHAFTER POLICE DEPARTMENT AND ANIMAL CONTROL

PURPOSE OF INQUIRY: On September 12, 2011, the Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Shafter Police Department (Department) and the City’s Animal Control Department (Animal Control). This visit was pursuant to Penal Code §925(a).

PROCESS: The Committee members met with the Chief of Police (Chief) in the Chief’s office. After visiting with the Chief, a tour of the Department was conducted. During the tour, the Committee spoke with the Police Captain and other personnel of the Department. The Committee was also given a tour of Animal Control by the Chief, who has the added responsibility of managing Animal Control. BACKGROUND / FACTS: The Department is located at 201 Central Valley Highway, Shafter, California 93263. Animal Control is located at 18825 South Shafter Avenue, Shafter, California 93263 on approximately 97 acres of City owned property.

A. The Department facility increased in size from 5,300 sq. feet to 15,800 sq. feet in 2008. The Department was designed for future expansion. During the remodeling, a generator was included that can power the entire building in an emergency. An additional generator was added should the first generator fail.

B. All restricted areas inside the facility are equipped with a security card lock system. Video and audio recording devices are installed in both interview rooms. There is a conference room/auditorium designed for multiple uses, e.g. training and community use. When the community uses this room they can enter without coming into the Department. The property room is state-of-the-art design for securing evidence. For security reasons, only one person has access to the secured property.

C. The Department’s jail section has six holding cells. The Department’s jail is only a 24 hour temporary holding facility. Anyone requiring longer incarceration is booked at the Kern County Sheriff’s Department Central Receiving Facility.

D. The Department has the following services: a Chaplain Program, a Reserve Police Officer Unit, a Police Activities League, a Police Explorer Program and a Domestic Abuse Response Team. The Department is a member of the Street Interdiction Team.

E. The staffing level of the Department is, one Chief, one Captain, five Sergeants, three Senior Officers (one assigned as a Detective), ten Patrol Officers and an officer assigned to the Police Activities League. The non-sworn personnel are: one Dispatch

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Supervisor who is also the Records Clerk, six Dispatchers and three Animal Control personnel.

F. The future firearms range, not yet completed, is located on the Animal Control property. There will be five pistol and two rifle bays.

G. Animal Control is staffed by an Animal Control Manager, two kennel employees and numerous volunteers.

FINDINGS:

F1. The Animal Control building was completed in January of 2011. The building is air conditioned. There are outside exercise areas for the cats and dogs.

F2. The adoption rate is approximately 70% since the Animal Control building opened. There is an adoption day every Saturday. Ads are placed in local papers and various web sites. The euthanasia rate is low.

F3. The Police Department building was designed for future expansion needs.

F4. The Street Interdiction Team is a group of Police Chiefs who meet once a month and discuss special needs within their community.

COMMENTS: The Chief, staff, and city leaders are commended for planning and building both Animal Control and the Department. Further, the Chief should be commended for his leadership in managing the Department, Animal Control and the Shafter Community Correctional Facility.

The Committee would like to thank the Chief and staff for their courtesy and professionalism extended during the visit to both facilities. RECOMMENDATIONS: None

The Shafter Police Department and the Shafter 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. NO RESPONSE REQUIRED

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STALLION SPRINGS POLICE DEPARTMENT AND COMMUNITY SERVICE DISTRICT

PURPOSE OF INQUIRY: The Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Stallion Springs Police Department (Department), and Community Service District (CSD) on December 6, 2011, pursuant to California Penal Code §919(b) and §925, to tour the facility and interview the Chief of Police and CSD General Manager.

PROCESS: The Committee members met with the CSD General Manager (Manager) and the Chief of Police (Chief). The Committee was given a tour of the CSD facilities after a question and answer session. BACKGROUND / FACTS: The Department is in the CSD building at 27800 Stallion Springs Drive, Tehachapi, CA 93561. The Department serves a population of approximately 3,400 residents.

A. The Department has three sworn Police Officers. The Chief, one Sergeant, and an Officer. There are two part-time Police Officers. These part-time Officers work 960 hours per year. The Chief has been with the Department for 18 years.

B. The CSD building (12,000 square feet) was built in 2009. The Department is spacious and appears adequate for future growth. The Department has an Emergency Operations Room, which was utilized as a Command Post during the recent fires in the area.

C. The CSD encompasses 50 square miles, with 48 miles of paved roads. The City was incorporated in 1970. The Manager has a staff of 13 people and eight departments. The Manager is very knowledgeable of matters concerning the CSD.

D. Besides the CSD facility, the CSD also has a multi-purpose room (“The Corral”) and a gymnasium. The multi-purpose room and gymnasium are used for CSD functions and rented out for private events.

FINDINGS:

F1. The Kern County Sheriffs’ Department dispatches calls for the Department.

F2. There are two interview rooms. Both are equipped with audio and visual equipment.

F3. The Department has video surveillance cameras.

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F4. The Department has a Community Oriented Policing and Problem Solving (COPPS) program, which is grant funded.

F5. Arrested persons are processed at the Department, and then booked either in

Bakersfield at the Kern County Sheriff’s Department (KCSD) Central Receiving Facility or the KCSD Mojave Substation.

F6. The Department has a Police Activities League (PAL).

F7. The Department has an active Neighborhood Watch Program which includes

residential checks.

F8. The Department averages approximately 800 calls annually. This number includes self-initiated activities by the Officers.

F9. The Department works with the KCSD, Bear Valley Springs PD and Tehachapi

PD if any mutual aid is needed. COMMENTS: The Committee was impressed with all the recently built facilities of the CSD. The tour was very informative and it appears the CSD has a positive working relationship with the County of Kern. RECOMMENDATIONS: NONE

NOTES:

• The Stallion Springs Police Department/Community Service District should post a copy of this report where it will be available for public review.




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TEHACHAPI POLICE DEPARTMENT

PURPOSE OF INQUIRY:

The Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Tehachapi Police Department (Department) on December 6, 2011, pursuant to Penal Code §925(a).

PROCESS:

The Committee met with the Chief of Police (Chief) and a tour was given of the facility.

BACKGROUND/FACTS:

The Tehachapi Police Department is located at 129 East “F” Street, Tehachapi, California 93561.

A. The Department was reinstated on July 1, 2007. The incorporated area of Tehachapi was previously serviced by the Kern County Sheriff’s Department.

B. The Department services eight square miles and a population of approximately 8,000.

C. The Department has fourteen sworn officers and two non-sworn staff. The Department’s staff breakdown is as follows: the Chief, two Sergeants, two Senior Officers, one Detective, one School Resource Officer, seven Patrol Officers, one Clerk and the Chief’s Assistant.

FINDINGS:

F1. The Department’s facility is approximately 4,440 square feet. The square footage is inadequate for its needs.

F2. The Chief and the City Council are currently working on a new site for relocating the Department’s facility. This may require a new structure or the remodeling of an existing structure. The completion goal is two years.

F3. The Property Room is comprised of two converted, antiquated jail cells.

F4. The Department currently has 14 Civilian Volunteer Staff.

F5. The Department utilizes the Bear Valley Police Communications Center for dispatching.

F6. The Department’s Records Section is paperless.

F7. The Department has the “Live Scan” Identification System.

F8. The Department has a “take home” vehicle program. The City of Tehachapi deducts a calculated amount from each Officer’s paycheck based on driving distance to-and-from the Department.

F9. The Department works with the Kern County Sheriff’s Department, Bear Valley Springs PD, Stallion Springs PD and Railroad Police in the event mutual aid is needed.

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F10. The Department has, or is a member of, the following programs:

• Police Explorer Post • Street Interdiction Team (SIT) • Program AVOID through the Office of Traffic Safety • East Area Special Enforcement Team (EASET) • Reserve Police Officer Unit • Mounted Patrol Unit • Kern Narcotics Enforcement Team (KNET) • K-9 Program • Citizen Volunteer Staff

COMMENTS:

The Committee commends the Chief and the entire staff of the Department for the full utilization of a facility that is inadequate.

RECOMMENDATIONS:

R1. The Department and City Government should continue its pursuit of relocating the Department so it may enhance service to the community. A new facility would also allow for a design with future needs and expansion in mind.

NOTES:

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




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WASCO STATE PRISON-RECEPTION CENTER

PURPOSE OF INQUIRY:

On October 24, 2011, the Law and Justice Committee (Committee) of the 2011-2012 Kern County Grand Jury visited the Wasco State Prison-Reception Center (Prison) to inquire into the conditions and management of the Prison pursuant to California Penal Code §919(b).

PROCESS:

The Committee met with the Warden and Administrative Assistant/Litigation Coordinator. The Warden provided an overview of the Prison and discussion to the Committees pre-sent questions. After the question and answer session, a tour was conducted.

BACKGROUND/FACTS:

The Prison is located at 701 Scofield Avenue, Wasco, CA 93280, and was opened in February 1991. The Prison is situated on 634 acres and operates primarily as a reception center for 11 surrounding counties. The Prison was designed to house 4,800 inmates. At the time of the Committee’s visitation the population was 5,291.

A. Currently there are 778 Correctional Officers with three vacancies. Civilian staff number is 749 employees.

B. Inmate crews work outside the Prison and are assigned various duties to the administration building, including housekeeping and maintaining the institution’s landscape.

C. Approximately 500 inmates are processed weekly. The process takes approximately 60-90 days and includes complete medical and psychological screening and prisoner classification. This Prison is the largest Reception Center in California.

D. Three meals are provided to the inmates: Hot breakfast and dinner with a sack

lunch. Utensils are issued to the inmates including a “spork.” E. The “Inmate Core Telephone System” allows for all calls received or placed to

be monitored for content.

F. The California Department of Corrections and Rehabilitation contracts with Arizona, Oklahoma, and Mississippi to house inmates.

G. The Prison has a medical staff on duty 24 hours/7 days a week. The Prison runs

a hospital unit occupying a floor at Mercy Hospital.

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H. The Prison operates a fully equipped laundry facility that prepares all the laundry needs for Wasco, North Kern, and Kern Valley State Prisons. The laundry is color-coded for each institution.

FINDINGS:

Due to the implementation of AB-109 many changes are taking place in increments. “The plan is still in its infant state, but the plan is expected to reduce the institution’s inmate population and intake. The institution is also expecting a reduction in its staffing package, but it is unknown at this time.” What is known:

• The gymnasium’s “non-traditional” housing will be “deactivating.” • The inmate population will decrease until 2015. • The prison will lose one correctional position for every six beds. • Budget cuts have minimized the Prison’s programs: The Substance Abuse

and Educational Bridging Programs have been eliminated.

F1. The cost to house an inmate is approximately $49,000 per year. Included in this figure, average medical cost per inmate is approximately $16,000.

F2. The onsite Waste Water Treatment Plant is fully operational. F3. Currently, the volunteer programs consist of: Narcotics and Alcoholics

Anonymous, and numerous individuals to provide religious services. Also, the Breaking the Barriers Program assists inmates in preparation to re-enter into society.

F4. Surveillance cameras are located in the following areas: Visiting,

Administrative Segregation Unit (ASU), Pedestrian Gate, and Vehicle Sallyport.

F5. Gangs continue to pose a threat to the prison system. The Prison takes

precautions to prevent potential outbursts. Upon reception, measures are taken to restrict contact between rival gang members.

F6. Inmates classified having “sensitive needs” are assigned to the Sensitive Needs

Yard (SNY). Those who cannot function in the general population are assigned to the ASU. The general population inmates are housed in the remaining units.

COMMENTS:

The Committee thanks the staff at Wasco State Prison for their professionalism and dedication.

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NOTES:

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




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