SAN
JOSE -- The Santa Clara County civil grand jury released a report on Thursday
that cites lax oversight, outdated policies, short staffing and a lack of
training as factors that may have contributed to the beating death of a
mentally ill inmate last August.
The
grand jury -- a civil watchdog panel whose investigative oversight includes
examining jails -- specifically honed in on what's going on related to
mentally ill inmates in the wake of Michael Tyree's death, allegedly at the
hands of three guards.
Since
the grand jury began its work in late October, the county has convened two
special task forces related to jail reform: One wrapped up its six-month term
in March while the other -- which has a goal of keeping mentally ill
offenders out of jail in the first place -- is expected to conclude in
December.
In
addition, the National Institute of Corrections analyzed jail conditions and
issued a report in April, and Sheriff Laurie Smith, whose officers run the
jails, released her own laundry list of reforms in March.
The
grand jury report largely bolstered previous findings. For example, it
asserted that the "vast majority" of personnel in and out of the
jails who work with the mentally ill are "sincere and professional"
and "doing their best to perform a difficult job during this very
challenging time."
But
it added that the "lack of supervision and observation by superiors
could have contributed" to Tyree's death, as well as the "difficult
nature of the job, long hours, insufficient staffing levels and limited training
of Custody Bureau personnel in dealing with mentally ill inmates."
The
grand jury report also echoed the National Institute of Corrections sentiment
that the origins of the problems stem from a history of budgetary challenges
and cutbacks. It stated that there's a different population within the jail
than what the facility was designed for, due both to state prison system
changes that have called for counties to house lesser offenders and county
lockups becoming "warehouses for the mentally ill."
Among
the grand jury's specific findings that it recommended the county fix:
Due
to low staffing, correctional deputies typically work alone in inmate housing
areas, making it "extremely difficult, if not impossible, for the
correctional deputies to fulfill their duties and responsibilities."
Watch
commanders are not on-site at all times, and there are not enough sergeants
to provide sufficient coaching and support where needed.
The
number of mental health clinicians is insufficient to adequately address
mentally ill inmates' needs.
County
officials by law must respond to the findings and recommendations in writing
within 90 days.
County
Executive Jeff Smith said there weren't any surprises in the report and that
it covered matters that the county is moving to address.
The
report stated that while the county is in "reactive mode," and
changes are being made, the county was "unable to identify overall plans
or priorities."
Smith
disagreed with that assessment.
"We've
created a different intake system, and teams to respond to requests for
mental health evaluation," he said. "We've hired new psychiatric
and behavioral health teams. I think we're doing a lot, and it's considerably
different than it was before. We already are getting better results."
The
report was considerably milder in tone than previous analyses, which were
aimed more generally at the workings of the jail, although inclusive of
mental health concerns. The most comprehensive -- and most scathing -- was
the report from the civilian-led Blue Ribbon Commission on Improving Custody
Operations, which issued 121 recommendations that included maintaining
adequate staffing, the creation of an ombudsman's office and detailed steps
to improve mental health care.
It
also called on the Board of Supervisors to seize control of the jails from
Smith, citing a broken grievance process, lack of transparency and fear of
retaliation among inmates and correctional officers.
Smith's
reform plan laid out 13 goals, including ramping up training to help guards
cope with a jail population that has more serious offenders as well as
mentally ill inmates, improving inmate education programs and increasing
minimum qualifications and background checks for prospective guards.
Sheriff's
Office spokesman Sgt. James Jensen said Friday that since last year, the
department has "aggressively undergone a process to improve all aspects
of our jail operations to protect the safety of our inmates, staff and
visitors."
"We
have already begun implementing solutions to many of the issues identified in
the civil grand jury's report and will continue to implement our reform plan
for custody operations," he said. "Additionally, we're working with
other departments and the Board of Supervisors on areas where we need
additional funding and cooperation between departments."
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June 24, 2016
The Mercury News
By Eric Kurhi
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