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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