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External Oversight, Reporting, and Organizational Accountability recommendations

Recommendation

Master List Number

 

Status

(Updates are in progress)

The Board of Supervisors should accept the report of Scott Emblidge and utilize its as major impetus for change in the operations of the jail.1
Completed, audited, and presented to the Board
Create an ombudsman position to complement the work of the Jail Observation Program as an interim or on-going measure until a more comprehensive structure is developed (such as an Independent Oversight Commission or a separate Department of Correction).2

 

Not covered by Consent Decree, subject to audit by OCLEM
The Board of Supervisors should take immediate steps to change the leadership of the operation of the jails.3
Completed, audited, and presented to the Board
The Board of Supervisors should refrain from appointing employees of County departments to serve on Commissions or Boards that are investigating those employees’ County departments.4
Completed, audited, and presented to the Board
The Board of Supervisors and County Counsel must protect civilian members who volunteer for its Commissions and Boards from retaliation and harassment from County employees.5
Completed, audited, and presented to the Board
Upon finalization of recommendations to the Board from the BRC, form an interim committee to ensure the recommended changes to culture and practice are being implemented. Ideally this committee would consist of people with experience or knowledgeable in best practices for ushering in such changes, in addition to several current members of the BRC who represent the community, advocacy groups, mental health experts and the incarcerated. The committee should report to the Board of Directors until such a time as significant progress is being made on the established goals.6
Completed, audited, and presented to the Board
Clearly establish who is ultimately responsible and accountable for all aspects of jail operations, including the treatment of inmates and employees in the County jail. Examine other departmental Examine other departmental structures, including re-establishment of a separate, free-standing Department of Correction.7
Completed, audited, and presented to the Board
The Board of Supervisors should immediately create and fully fund the Office of the Inspector General of the Jails to provide professional independent civilian oversight of the jail operations that reports directly to the Board of Supervisors. Please see a further description of the OIG office in my Recommendation #1 in the Grievance/Complaint Process category.57
Completed, audited, and presented to the Board
Create a committee of knowledgeable experts and community stake holders to study and recommend effective models of independent over sight of the DOC.  Committee will report it's findings and recommendations to the Board of Supervisors , including time lines and responsible parties, and oversee it's implementation.58
Completed, audited, and presented to the Board
Create an Independent Oversight Commission to review and oversee the Office of the Sheriff and the Department of Correction.59
Completed, audited, and presented to the Board
Appoint an interim inspector general to oversee implementation of BRC recommendations that are adopted by the Board of Supervisors. Allot sufficient funds to support the work of this interim oversight position until a permanent oversight body is established.61
Completed, audited, and presented to the Board
Increase staffing and resources for the Jail Observer Program, and provide seamless communication regarding standards and practices between the JOP and the DOC for the benefit of the detained, families and staff when investigating concerns.
Provide JOP information to detainees, families and staff in a clear and easily accessible manner.
146
Not covered by Consent Decree, subject to audit by OCLEM
Significantly expand the successful but understaffed JOP program, with specific Jail Observers assigned to each facility, housing section.147
Not covered by Consent Decree, subject to audit by OCLEM
Convert the Jail Observer Program (JOP) to an organizational ombudsman’s office, structured according to the best practice standards of the International Ombudsman Association (IOA) and modeled after the Juvenile Welfare Office of the Ombuds which operates on the basis of an Interagency Agreement between the Office of the County Executive and the Social Services Agency.148
Not covered by Consent Decree, subject to audit by OCLEM
Update the Department of Corrections handbook to include reference to, and support of the jail ombuds program.149
Not covered by Consent Decree, subject to audit by OCLEM
Establish a Memorandum of Understanding (MOU) between the Office of Human Relations (County Executive’s Office) and both Custodial and Behavioral Health Care Services.150
Not covered by Consent Decree, subject to audit by OCLEM
Establish clear parameters for the operation of the jail ombudsman with respect to grievance intake and management.151
Not covered by Consent Decree, subject to audit by OCLEM
Expand the current MOU for the Jail Observer Program to include up to 5 OHR staff members who will have security clearance and the ability to act in an ombudsman role with inmates, their families and county staff.312
Not covered by Consent Decree, subject to audit by OCLEM
Provide for the hiring of 2-3 more JOP lawyers/paralegals with a background in mediation and ombudsman practices who will join the OHR staff. The current JOP program is understaffed, and the County can clearly benefit from additional staff to act as a neutral, outside resource for all those interested in the well-being and efficiency of the SCC corrections system.313
Not covered by Consent Decree, subject to audit by OCLEM
Expand the current MOU to include additional signatories, or create two additional MOUs related to JOP oversight with county medical and behavioral health entities, to facilitate ongoing improvements and best practices in inmate health care.314
Not covered by Consent Decree, subject to audit by OCLEM
The second is that we urge for new leadership in Custody Operations. The JRC has heard testimony recommending that the Sheriff’s office be removed from administering the jails. In research we have done, it is clear that the DOC and the Sheriff’s office have both operated the jails in prior decades. And it is common for a county Sheriff to be responsible for Custody Operations. But we feel that trust in leadership is a key mandate for this role and that trust has been grievously eroded. The community, staff, inmates and family and friends of inmates all attest to this to the HRC, JRC and to the Blue Ribbon Commission. We feel this trust has eroded to such a degree that we cannot move forward in making necessary changes under the current leadership. In setting up new leadership for Custody Operations, clear lines of authority and accountability need to be established. Currently, it seems to be an ineffective relationship and operation between the DOC.315
Completed, audited, and presented to the Board
This may also take a committee to work on to reach significant reform. However, reform cannot occur with the current leadership in place.316
Completed, audited, and presented to the Board
The first is that Santa Clara County create an independent oversight agency that will regularly audit Santa Clara County Custody Division. This agency would also administer an officer and inmate grievance process as an independent entity from the custody system. The County would need to decide on the type of agency that would best serve the community (such as a Solicitor General, Independent Auditor, Community Commission, Federal Oversight or any combination of the above).332
Completed, audited, and presented to the Board
We recommend that a small committee work on the agency designation. The committee should be made up of representatives from the County Administration, JOP, JRC, and potentially members of the BRC, Silicon Valley Debug, and PACT.333
Completed, audited, and presented to the Board
Establish a nine‐member Custody Operations Independent Civilian Oversight Commission comprised of community volunteers.  The Commission will consist of nine members, five appointed by the Board of Supervisors (One commissioner per each Supervisorial district).  Those five commissioners will then select the remaining four public board members.402
Completed, audited, and presented to the Board
Establish scope of commission, establish commissioner roles and responsibilities, establish conflict of interest requirements and establish appropriate support staff.403
Completed, audited, and presented to the Board
Create an Office of Inspector General (IG) that serves the civilian oversight commission and is directed by the commission to provide monitoring of custody operations and facilities (including medical and mental health services) and provide recommendations for improvement. The IG shall focus on matters relevant to department‐wide policies, procedures and protocols and review use of force patterns, trends and statistics. The IG will review Internal Affairs investigations, allegations of misconduct and employee discipline.  The IG shall make policy and practice recommendations to the Independent Civilian Oversight Committee.404
Completed, audited, and presented to the Board
The Independent Civilian Oversight Committee will publish an annual report on the status of custody operations, use of force statistics, and the resolution of inmate and citizen complaints. The commission may also publish other reports it commissions its IG to conduct.405
Completed, audited, and presented to the Board
Internal and external oversight should specifically prioritize these issues, in addition to serious incidents and allegations of staff misconduct.516
Completed, audited, and presented to the Board
The Jail should disclose Sabot’s activities and recommendations regarding, among other things, use of force, mental health and medical treatment, staffing, security and safety, modification to policies and procedures (including use of force, discipline, and housing) for inmates with mental disabilities, and restrictive housing. It should ensure full review of each of these issues, as well as seek involvement and input of key community stakeholders.517
The County should establish an independent oversight entity that has
(i) broad scope of authority regarding inmates’ rights; (ii) with the cooperation of the Sheriff, full access to Jail facilities, data, records, staff, and administrators; and (iii) full independence, reporting directly to the Board of Supervisors and engaging in outreach to the public.
521
JOP should receive additional resources, and the Jail should have in place a schedule for regular meetings with JOP.522
Not covered by Consent Decree, subject to audit by OCLEM
The Jail should immediately publish its PREA audit and PREA data and engage outside assistance in responding to the PREA audits and ensuring PREA compliance.524
The Jail and the County should immediately, urgently, and thoughtfully work to implement the Blue Ribbon Commission’s recommendations.526
The Jail should work with outside assistance to ensure proper planning and prioritization for implementation of the Commission’s recommendations.527
The Jail should work with outside assistance to ensure proper planning and prioritization for implementation of the Commission’s recommendations.528
The Santa Clara County Board of Supervisors should commission a thorough independent audit of the Custody Health Services organization to ensure best management practices are identified and employed.534
The Office of the Sheriff should continue to work to extend the Memorandum of Understanding (MOU) between the Commission on the Status of Women, the Office of the Sheriff, and the Office of Women's Policy.546
Not covered by Consent Decree, subject to audit by OCLEM
A study should be developed to identify underlying reasons for the high dental-appointment refusal rate and explore methods to reduce it.561
Covered by Consent Decree and subject to monitoring by federal court appointed experts
The County needs multiple individuals overseeing quality of care in all of the jails.601
Quality-improvement studies should be routinely conducted and analyzed; and recommendations should be published to all staff.602
Covered by Consent Decree and subject to monitoring by federal court appointed experts
Areas where change is identified should be scheduled for a follow-up study to ensure that the changes have actually occurred.603
With the launch of EPIC, the DOC should create a system where patients can be tracked by diagnosis, and reports can be generated to identify high-risk patients who need to be seen.604
Covered by Consent Decree and subject to monitoring by federal court appointed experts
The DOC should conduct continuous quality improvement studies targeting the adequate delivery of chronic care services to the patients who qualify as chronic care patients.606
Covered by Consent Decree and subject to monitoring by federal court appointed experts