Saturday, May 2, 2015

[Plumas County] Grand jury: Same old problems at the jail


Plumas County News Editor’s note: This is the second in a series of midterm reports submitted by the 2014-15 Plumas County Civil Grand Jury. The grand jury plans to publish more midterm reports in the upcoming weeks.
SUMMARY
In compliance with Government Code Section 919(b), each civil grand jury in the state of California is mandated to inspect correction facilities within the fiscal year. Members of the Plumas County Civil Grand Jury inspected the Plumas County jail Sept. 29, 2014.
The grand jury was looking at the specific needs of the jail itself, not the Sheriff’s Office as a whole.
The grand jury completed the required jail inspection, analysis of reports and interviews. The grand jury observed insufficiencies in the jail’s physical plant. The grand jury finds the jail facility inadequate and that the county needs a new jail as no amount of repair can bring it into compliance with state standards.
This is not unexpected, as nine previous grand juries have found the need for a new jail facility. The Board of Supervisors on Jan. 6 unanimously voted to authorize a contract with Carter Goble Lee Cos. to prepare and submit a grant application to the state of California for a $20 million grant to build a new jail. There are five small county grants being offered by the state and Plumas County will be applying for one of those five grants. If the grant is awarded to Plumas County, it could be three to four years before construction is complete and ready for occupancy.
If Plumas County is not awarded the grant, the county would have to repair and maintain the existing facility. Either way, the BOS must provide funding for the jail to cover ongoing expenses, repairs and building maintenance, and to bring the facility into compliance with state regulations and the Americans With Disabilities Act.
BACKGROUND
As mandated by California state law, the Plumas County Civil Grand Jury examined the jail facility and found a plant that is more than 45 years old which was last remodeled in the 1990s.
Remodeling costs were approximately $1 million and at various times an inmate worker dorm (for trusted inmates), a sally port and an officer locker room at the back of the facility were added. The jail was originally built as a short-term holding facility. The 2014-15 grand jury found that with the adoption of Assembly Bill 109 and Prop 47 the jail facility experienced a major impact, which has changed the original use; it is now being used as a short-term as well as a long-term holding facility.
The BOS has been acutely aware of the need for a new jail. The BOS has consistently cited budgetary constraints and lack of funding sources as reasons for being unable to build a new jail.
METHOD OF APPROACH
The grand jury inspected the jail facility Sept. 29, 2014, and interviewed two elected officials and two jail employees. The grand jury read many of the previous Plumas County grand jury reports, reviewed the 2012 – 14 biennial inspection, Penal Code 6031, Welfare and Institutions Code Section 209 dated Oct. 23, 2013, Quincy Fire Inspection Report of Feb. 1, 2008, and the Plumas County Environmental Health Report dated Dec. 1, 2013.
The jurors also familiarized themselves with AB 109, AB 678 and Prop 47 and the impacts of those unfunded mandates. The grand jury also reviewed the Plumas County jail procedures manual, which was recently updated and approved.
DISCUSSION
The grand jury inspected the jail facility and identified safety and security issues that need to be repaired and, in some cases, upgraded. The grand jury finds the building itself needs repair and was not meant to be nor fully equipped as a long-term holding facility.
The consequences of the largely unfunded mandates of AB 109 and Prop 47 have changed the county needs from a short-term holding facility to a long-term holding facility. Ignoring or delaying these safety and security issues could place jail personnel and inmates at risk.
The Plumas County jail has a rated capacity of 67. The jail does not generally operate at full capacity due to daily population fluctuations. Although the jail continues to operate, the Board of State and Community Corrections found the physical plant is and has been noncompliant with Title 24, Section 1231.2.4, Sobering Cell. This regulation requires sobering cells to have padded partitions located next to toilet fixtures in such a manner that they provide support. No such partition is present.
SITE TOUR
Note: For the purpose of maintaining the integrity of security at the jail, specific details of safety concerns and/or issues will not be identified in this report.
The jail facility is over 45 years old. At one time, the jail and sheriff’s administrative office shared the same space at this location. There have been additions over the years and areas previously used for regular law enforcement needs have been converted to give additional space for prisoners.
This jail is in the old linear construction, with most of the cells spread out along one hallway, as opposed to newer designs, which utilize pod construction. In the pod model, the command center is in the center of the cells, and all cells can be monitored from a single location. This old, outdated design puts correctional officers and inmates at risk because this design does not lend itself to have all areas monitored from a single location by correctional officers. The camera system, which aids in the monitoring process of inmates, is antiquated.
During the grand jury’s investigation, we observed several locations which could not be seen due to system limitations. The jail administration estimated cost of a new system is approximately $50,000 (purchase and implementation). The BOS’ adopted fiscal year 2014-15 budget did not include funds for this upgrade.
State and federal laws mandate segregation of inmates for a variety of reasons, which include, but are not limited to, gender, type of offense and physical or mental disabilities. This often results in a reduction of space available. At full capacity, the jail can hold 67 inmates but the need to isolate multiple inmates can reduce that significantly. In addition, there is currently only one room (about 15 by 20 feet) in which inmates can participate in programs such as drug and alcohol counseling, domestic violence counseling and education.
The strict guidelines for separating various categories means all the programs are heavily impacted. The programs are in high demand and there is a backlog of inmates waiting for access.
One of the goals of the current administration is to reduce recidivism and prepare inmates to become contributing members of the community, since most inmates in the jail will eventually be released back into Plumas County. The various programs are seen as the best avenue to achieve this goal. The lack of space to present these programs is a major roadblock to slowing down the revolving door for many offenders.
There are three correctional officers active at the jail at all times. Other duties impact this number, such as correctional officers transporting offenders to court or medical facilities. This would leave only two correctional officers in the facility to cover potentially a maximum of 67 inmates. There must always be at least one female correctional officer member on duty. There is a nurse either on duty or on call 24 hours a day.
All other jobs, other than correctional duties, are performed by inmates. This includes cleaning, cooking, laundry, etc. The kitchen is regularly inspected by county health officials and always receives excellent marks. As an example of the detailed duties of the jail staff, the refrigerator/freezer units have to be checked eight times a day to make sure proper temperatures are maintained. When new appliances are purchased a service contract is also purchased because the jail cannot go without these appliances for even part of a day.
In the grand jury’s interviews, it was learned that there was a 1989 lawsuit by two prisoners that resulted in a judgment and a federal consent degree. Operating under that federal consent decree since 1992 has been possible because it brought some extra (and extremely rare) state funding for the jail including funding for female staff, some exercise programs and educational programs. As previously noted, all programs are heavily impacted due to a lack of sufficient space. However, lawsuits in general present a large unfunded liability for the county.
There is a concern about the impact on the jail of the recently passed Prop 47. Prop 47 decriminalizes some felonies. It is anticipated to bring more new offenders into the county jail system and will return even more offenders to their county of origin.
Prop 47 may be the tipping point. County jails throughout the state may go to full capacity immediately with no place to accommodate new local offenders. At this point, no one knows what the effect of Prop 47 will have nor have funds been allocated by the state to mitigate possible steep increases in the inmate population. There are no statistics available to analyze the potential impact on our local jail.
In compliance with the spirit of AB 109 and Prop 47, the grand jury found the jail administration has made many changes in recent years. One change is the state of mind toward AB 109 and its implementation. Prior to adopting AB 109, the jail and prisons were warehousing inmates and the recidivism rate was high. The intent of AB 109 is to improve prisons by lowering recidivism rates for the 98 percent of inmates who will return to society. In keeping with AB 109, the jail administration’s philosophy is to provide programs to inmates that help reduce the recidivism rate by building a base for them to be self-sufficient and help them take responsibility for their own actions.
The grand jury found the jail administration has initiated inmate assessment need(s) at intake rather than waiting for the assessments to be done by the Probation Department at time of release. This assessment of inmate needs at the time of intake/custody provides the opportunity for early enrollment of the inmate in appropriate programs such as drug/alcohol, anger management, GED and college. Completion of program segments result in corresponding reduction in the length of sentence.
However, once again, the effectiveness of this early assessment is compromised by the relative lack of space to deliver programs. The grand jury found all of these programs offered to inmates are conducted in a limited space — a single room. This is one of many reasons a new jail facility is needed.
All classification levels of inmates and both men and women need to be segregated, which is extremely difficult with only one acceptable room available. The segregation of these various groups makes a major impact on how programs are conducted as well as how many programs can be offered.
The grand jury found the jail administration is building a base for inmates’ self-sufficiency by allowing participation in activities such as filling out forms, gardening, earning their GED or getting a higher education, which helps them to be employable, productive citizens upon release. The gardening program helps cut food costs for the jail’s kitchen and provides fresh produce.
The jail has a custodial contract with the courthouse to clean certain areas of the courthouse. Under the Second Chance program, inmates can go to Feather River College in order to earn their GED or higher education. The inmates are authorized to help nonprofit organizations and seniors. The inmates sweep sidewalks and clean seniors’ yards. Last year, the inmates prepped the Little League fields. They also baked dozens of cookies for seniors at Christmas time (supplies were provided by the jail commander and his family).
This year, a trailer is being rebuilt for the use of the outside inmate crews. The trailer will haul equipment, debris and a portable toilet for inmate use only. These programs help raise self-esteem and teach inmates to take more responsibility as well as accountability for their own actions.
The grand jury looked at staffing issues and found that the jail has 17 authorized positions. There are currently three positions funded but vacant. The challenge is finding qualified people to fill the positions. In the recent past, because the salaries are low and the remote nature of this county, the jail administration has hired and trained personnel and provided the necessary job experience, only to have these employees relocate to other areas in the state offering higher salary and better benefits after training is complete.
When this happens, the time-consuming recruitment and training process starts all over again and becomes a revolving door. The jail administration has stated they are being very cautious in selecting future candidates for employment. A key factor in recruitment is the candidate’s desire to work and continue to live in this county.
In addition to the residential criteria, the jail administration screens for candidates who can pass written and physical tests, an oral interview process, and a thorough background check. Demographics of Plumas County reflect it is a small county with a declining population, which complicates the hiring process.
It is not possible to cut staffing levels at the jail as they are operating on mandated levels. Three positions in the jail are funded by outside sources: AB 109 (prison realignment) pays for two positions and SB 678 (a crime reduction bill that has to do with probation) pays for one more. A portion of fines paid to the county goes to the Sheriff’s Office for building needs.
The economic downturn in recent years has caused reductions in many county government budgets throughout the state; Plumas County is no exception.
There has been no appreciable movement by the BOS to put extra funds into the jail for the past decade. With the possibility of obtaining a $20 million grant from the state of California to fund construction of a new facility, the BOS voted unanimously to authorize a contract with Carter Goble Lee consultants to prepare the grant application. The grant requires that the county have a 5 percent match of $1 million. The $1 million match could be satisfied by including staff time spent, monies paid to consultants, and land purchase.
Toward funding a new jail, the BOS has renegotiated bonded indebtedness in the amount of $2 million and has set aside $400,000 in the general fund specifically for this project.
The grant application is not a panacea, but it is a significant step forward. Should the county be successful in its bid for the $20 million grant, the entire process, from grant approval, planning and construction, could take three years or more. During that time, the current jail still has to operate safely.
The grand jury found that the kitchen equipment needs replacing and the jail does not meet ADA requirements. Just these necessary upgrades have been estimated by jail administration to cost from $500,000 to $1 million.
Ongoing operational costs have to be considered and certain repairs and/or upgrades made to maintain and operate the jail at its current level until such time as a new jail is ready for occupancy. The full effects of Prop 47 have not yet been realized, but there may be additional costs. Even maintaining the status quo will result in higher costs due to inflation.
The grand jury realizes that most departments throughout the county have suffered staffing and budget cuts due to the economic problems experienced by the county in the last few years. Minimum staffing for the jail is mandated and because of the relationship of the jail staff and the Sheriff’s Office, in general, limits in funds can cause safety concerns for the county.
The Plumas County Civil Grand Jury would like to commend the sheriff, jail commander and jail staff for their commitment in keeping the jail functioning and as safe as possible with the outdated design, state of disrepair and limited budget(s), and by making use of the resources at hand.
FINDINGS

F1) The grand jury finds the jail facility antiquated and inadequate and that the county needs a new jail as no amount of repair can bring it up to date.
F2) The grand jury finds although the jail continues to operate, the Board of State and Community Corrections found the physical plant is and has been noncompliant with Title 24, Section 1231.2.4, Sobering Cell.
F3) The grand jury found kitchen equipment to be inadequate and in need of replacement.
F4) The grand jury found it problematic the jail does not meet ADA requirements.
RECOMMENDATIONS
R1) The Plumas County Civil Grand Jury recommends that the BOS fully commit to build a new jail to replace the current jail facility, which is antiquated and inadequate.
R2) The grand jury recommends the BOS continue to support the grant writing opportunity that has been started by Carter Goble Lee. Should the grant be awarded to Plumas County, the BOS should facilitate building the new jail facility in Plumas County immediately.
R3) The grand jury recommends that if the grant is not awarded to Plumas County, the BOS fund the replacement of the kitchen equipment.
R4) The grand jury recommends that the jail be brought into ADA compliance.
R5) The grand jury recommends repair of the jail’s sobering cell to bring it into compliance with the Board of State and Community Corrections Title 24, Section 1231.2.4, Sobering Cell. The BOS could utilize some of the funding in the general plan that has been set aside for the matching funds portion of the state’s grant application requirement.
R6) The grand jury recommends that if the grant is not awarded to Plumas County, the BOS pursue other opportunities to fund the building of a new jail facility in Plumas County.
May 1, 2015
Plumas County News

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