Tuesday, March 31, 2015

[Humboldt County] Grand jury calls for jail transport; sheriff says policy on the way


Eureka >> A report by the 2014-2015 Humboldt County Grand Jury released on Thursday, March 19 is recommending the sheriff’s office inform qualified detainees in the county jail of their legal right to be transported back to the place of their arrest in order to adhere to state law.
“Our own findings would conclude that the sheriff’s policies and the Humboldt County correctional officers actions are evading their responsibilities to the qualified inmates and that it might not technically be considered ‘breaking the law,’ but that a ‘normal person’ would conclude that the sheriff was not acting in good faith by evading the issue and not informing those who qualify of their legal rights,” the Grand Jury report states.
The document states that Sheriff Mike Downey told them that correctional officers “will not inform” those qualified detainees due to “his opinion” being that “correctional officers are not legally mandated to do so.”
Downey said Thursday that he has never said that his office refused to adhere to the state law and plans to have a policy out in 30 days.
“To be clear, we have never refused to comply with (Penal Code) section 686.5,” he said. “What we have been doing is putting together a policy to enforce 686.5.”
The penal code section the sheriff’s office is in question over states that the arresting agency shall return or provide for the return of a qualified detainee to the place of their arrest as long as that location is more than 25 miles from the jail, as the crow flies. In order to qualify for this service, the person must either have been arrested and released without trial, or be arrested, tried, and acquitted, or be “indigent.”
Downey said he has been working with the County Counsel’s Office since last year to draft a policy in order to adhere to the provisions of the law.
“It is something that has been on our radar and something we have finally finalized and will be putting into effect here shortly,” he said. “The reason we had not done this before, to be quite frank, was because we were unaware of Section 686.5 and once we were aware of it, we made the adjustments we needed to make to comply with that.”
Downey said he could not speak more on the policy as he had not yet formally replied to the Grand Jury’s newest report, which he said he had not seen as he was in Shelter Cove on Thursday.
The issue of late night jail release rose to the public forefront after the New Year’s Day 2014 murder of Rev. Eric Freed at the St. Bernard Catholic Church rectory in Eureka — a day after his alleged killer Gary Lee Bullock was arrested on suspicion of public intoxication in the Garberville area and released in Eureka at 1 a.m. on Jan 1.
Another incident was the September 2013 fatal stabbing of 33-year-old Joshua Lloyd Burrell, who was killed in the Royal Inn parking lot in Eureka shortly after he was released from jail after midnight.
The Grand Jury also brought up the transportation issue in its 2013-2014 annual report and recommended that the sheriff’s office work with the Humboldt Transit Authority on possible options.
“Generally speaking the early morning buses are not crowded and making bus tickets available would be virtually cost free as the buses will run in any case. In some instances the place of arrest is not accessible by public transportation and Humboldt County Correctional Facility must make other arrangements,” the 2013-2014 report states. “... When inmates from eastern, northern and southern parts of the county are released, they are not returned to the place of their arrest, but let out onto the streets of Eureka. In many instances, this policy appears to violate Penal Code Section 686.5.”
The Board of Supervisors expressed support to this suggestion in October, but also expressed concerns over the costs of implementing the program.
In Downey’s written response to the 2013-2014 report and recommendation, he wrote that the option requires further analysis before any implementation. Issues he found with the recommendation were determining the definition of “indigent” and who would qualify under that definition, who would be the agency responsible for transporting a detainee back, and costs of transportation.
A press release issued by the sheriff’s department on Friday said, “As the law states, an indigent person who was released without trail, or acquitted may request to be taken back to the place of arrest. There is no provision within the law that directs the sheriff to inform the arrestee of this service. It is Sheriff Downey’s intent to implement a legally sound policy in order to protect the rights and safety of all citizens in Humboldt County. When the policy is implemented a press release will outline the provisions of the policy. Since January 2015 the Correctional Facility has been given the directive to provide, upon request, public transportation passes to indigent persons who were arrested in Garberville and Willow Creek areas.
“Correctional staff is currently collecting other agencies policies as they relate to 686.5 P.C. in order to prepare policy that will comply with the law at which such policy will be implemented and adhered to by staff,” Downey’s Sept. 12 response states.
The Grand Jury report released Thursday states that it can’t accurately conclude how many people would qualify under the subject state law, citing a number of “factors” for this such as “inconsistent” data from the sheriff’s office in regard to those transported from the Garberville and Willow Creek areas.
“There may be disagreement about the numbers, but the fact that there are people who qualify and that they are not being told that they qualify is not open for disagreement,” the report states.
Downey said that the jail’s newly drafted policy would comply with the state law, and that there is only a “small portion of the population that is affected by this.”
“It’s not going to be that big of a deal now that we have this policy put together to respond,” he said.
The full report can be viewed online at the Humboldt County Grand Jury website at www.humboldtgov.org/510/Grand-Jury.
March 24, 2015
Redwood Times
By Will Houston

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