Document: More San Bernardino County jail deputies under investigation for alleged inmate abuse

SAN BERNARDINO >> In addition to four sheriff’s deputies who already have lost their jobs at the West Valley Detention Center in Rancho Cucamonga, the FBI and sheriff officials are investigating several other deputies in the San Bernardino County jail system for alleged inmate abuse, according to a document obtained Saturday by this newspaper.

The document, consisting of minutes from an internal Sheriff’s Department staff meeting distributed Wednesday, revealed that one employee had resigned, two or three were going to be terminated as a result of an FBI investigation, and several other deputies were still under investigation.

The FBI is investigating possible civil-rights violations of inmates at the center in March, FBI spokeswoman Laura Eimiller said Friday.

She said the case will ultimately be submitted to the U.S. Attorney’s Office in Los Angeles for consideration of criminal charges.

As of Thursday, four deputies assigned to West Valley Detention Center were no longer employed by the department, but according to the document, several more employees also may be terminated, pending the outcome of the investigation by the FBI and Sheriff’s Department.

Sheriff’s spokesman Randy Naquin said Saturday he couldn’t comment due to the nature of the investigation.

“The Sheriff commended the fine work 99 percent of our employees are doing,” according to the document.

On Saturday, sheriff’s officials declined to comment on allegations of misconduct at the other county jails.

“What was indicated in the press release is all the information we have,” Naquin said. “We currently have no information about incidents occurring at any other facility.”

Sheriff John McMahon ordered an administrative investigation after allegations surfaced March 5 about the possible abuse of inmates at the Rancho Cucamonga jail, according to a sheriff’s news release on Friday.

“I will not tolerate any misconduct by department personnel,” McMahon said in a statement. “These allegations are being taken very seriously and this department is determined to get answers.”

The news comes in the wake of a jail abuse scandal in Los Angeles County in which 18 current or former sheriff’s deputies have been accused of abusing inmates at the Men’s Central Jail.

U.S. Attorney Andre Birotte Jr. said the alleged incidents did “not occur in a vacuum” and that the pattern of behavior of which the defendants are accused had become “institutionalized.”

via: http://www.sbsun.com/general-news/20140412/document-more-san-bernardino-county-jail-deputies-under-investigation-for-alleged-inmate-abuse

San Bernardino County Sheriff’s Department opens expanded jail

ADELANTO >> Three years in the making, the $145.4 million expansion of the High Desert Detention Center adds 1,392 new beds to help relieve jail overcrowding brought about by the realignment of state prisoners.

On Thursday, hundreds rank and file from the San Bernardino County Sheriff’s Department and officials from across the county gathered at the High Desert Detention Center to celebrate the opening of the expanded jail. The project increases the jail’s footprint by 297,000 square feet to over 8 acres, and includes new medical and dental facilities that eliminate the need for deputies to transport inmates to West Valley Detention Center in Rancho Cucamonga for those services.

“We’ve constructed a facility that is truly state of the art,” Sheriff John McMahon said during Thursday’s event, where a tour of the jail’s expanded wing followed. “This is a great opportunity for us to keep moving forward in the corrections business.”

A special coating on the walls in the jail’s intake and medical areas reduces the spread of infectious diseases such as staph infections, which are common in jails, prisons, and other communal living facilities.

Not having to drive prisoners to Rancho Cucamonga from the High Desert allows deputies to get back to their patrol duties faster after booking them in Adelanto.

The jail’s expanded wing will open in three phases, as the Sheriff’s Department’s budget allows for staffing of the facility. The first phase will see 222 beds filled within the next couple weeks, and the inmates who get those beds will be those whose cases are being heard in High Desert courtrooms.

Construction on the project began in 2011 and included a new 25,00-square-foot booking building, three housing units, remodeled kitchen and laundry facilities, a new parking lot and fire access roads. A number of unforeseen issues during construction including design flaws and changes to building codes caused the project budget to increase by $25.4 million.

The facility is equipped with a high definition video-surveillance system, and video monitors in each housing unit will allow inmates to visit with family and others. They will no longer be allowed face-to-face visitations because inmate movement is being restricted for security purposes, said the jail’s commander Capt. Jon Marhoefer.

Video visitation has been in place for the past year at smaller jails in Barstow and Joshua Tree and is becoming a trend statewide, Marhoefer said.

“You will see more and more of this,” Marhoefer said, adding that the video visiting system at the High Desert Detention Center is the first time the county has implemented the technology on such a large scale.

As the county’s jails swelled in the 1990s and began reaching full capacity, the need for more became apparent. In 2008, the county applied for, and received, $100 million from the state for the expansion project, initially budgeted at $144 million.

The state funding was made available through the Offender Rehabilitation Services Act of 2007, which freed up $1.2 billion for jail construction projects across California.

No Link Between California’s Prison Realignment and Increased Crime?

Despite being blamed by some members of law enforcement for a recent uptick in crime in some counties, there is no connection between California’s Prison Realignment and increased criminal activity, according to a report released Wednesday.

The Center of Juvenile and Criminal Justice report found little evidence of there being more crime due to realignment based on random crime trends in counties since the implementation of the law.

For example, Los Angeles County, which has one of the highest percentage of realigned offenders, has continued to see a steady drop in total crime, including an 11 percent decrease in violent crime.

This lack of a clear pattern of crime shows it’s still too soon to draw any conclusion when it comes to the relationship between realignment and crime, according to a Center of Juvenile and Criminal Justice news release.

“We are pleased that CJCJ took an impartial look at the data and found no causal relationship between crime and realignment…,” said Jeffrey Callison, spokesman for the California Department of Corrections and Rehabilitation.

Callison said crime rates are continually rising and falling, and they vary from one community to the next, and from one crime category to the next.

California was ordered to reduce the state prison population to about 110,000, or 137.5 percent of prison capacity, as a way to improve the quality of inmates’ health. To accomplish that, Assembly Bill 109, the state’s prison realignment law, shifted the responsibility of monitoring lower-level inmates from the state to the counties.

Under AB 109, those convicted of a triple-non offense — nonviolent, nonserious, nonsexual — would be eligible to be supervised by county probation departments or serve their sentences in county jail. AB 109 was implemented Oct. 1, 2011, as a way for the state to comply with a federal three-judge panel’s order to decrease the population of California’s prisons. The panel found the overcrowded conditions in state prisons led to inadequate medical attention for inmates.

However, high-ranking law enforcement officials from across the state have talked about the dangers of prison realignment.

Glendale Police Chief Ronald De Pompa has called the legislation “dangerous public policy,” and Fontana Police Chief Rod Jones has labeled the law a failure after an AB 109 probationer, David Mulder, allegedly fatally stabbed a woman in 2013 at a Fontana Park and Ride.

At this week’s Lakewood State of the City address, sheriff’s Capt. Merrill Ladenheim referenced a report from the Public Policy Institute of California that found a connection between AB 109 and property crimes. During his presentation at the meeting, Ladenheim called realignment, as well as the issue of county jail capacity, a challenge to public safety.

Along with finding no real connection between realignment and an increase in crimes, the Center of Juvenile and Criminal Justice report, which used data from 2010 to 2012, found that California’s 58 counties have seen varying crime rates since the implementation of AB 109.

Kings County had a 46 percent increase in violent crime trends, according to the data used for the report, while Humboldt and Napa counties saw a 26 percent drop.

Los Angeles County, which received a higher-than-average proportion of realigned offenders, has experienced a drop in violent as well as property crimes.

Only Placer, Sacramento, San Mateo and Tulare counties experienced similar, across-the-board crime reductions, however, they have relatively smaller populations compared to Los Angeles County.

San Bernardino County saw an increase in overall crime by about 10 percent from 2010 to 2012 but a slight decrease in violent crime.

Some experts said they feel it’s not necessarily those who are under county supervision who may be driving up some crime rates but those who are no longer under the watch of any agency.

“Realignment now permits offenders who are sentenced under AB 109 guidelines to be given straight or split sentencing, thus allowing them to avoid any supervision after serving a jail sentence instead of a prison commitment,” said Chris Condon, spokesman for the San Bernardino County Probation Department.

Under sentencing code 1170, a person convicted of a triple-non can opt to serve a portion of their time in county jail and then spend the remainder of their time being supervised by county probation. They can also serve their entire time in county jail and not require any supervision once their terms have been completed.

“These offenders do not fall under our jurisdiction, and recidivism rates cannot be determined,” Condon said. “We know that there has been a 40 percent reduction in recidivism for the AB 109 offenders we do supervise.”

via: http://justicenotjails.org/no-link-between-californias-prison-realignment-and-increased-crime/

Stanford University studies look at how California's prison realignment is playing out

The state's prison realignment program shifted thousands of would-be state prisoners to local control. But it didn't set up a mechanism for tracking what happened to the population or the impact on the counties where they ended up.

Now, two papers out of Stanford Law School's Criminal Justice Center look at how realignment is playing out in California counties. 

How realignment is perceived

In the first study, Stanford Law Professor Joan Petersilia spoke with 125 local stakeholders: police chiefs, district attorneys, public defenders, probation officers, judges, and sheriffs. The idea was to get a sense of how realignment is going. It resulted in "a portrait of counties struggling, often heroically, to carry out an initiative that was poorly planned and imposed upon them almost overnight."

Nonetheless, Petersilia found most law enforcement accepted that realignment is "here to stay," and that "the old system was yielding disappointing results." 

Perhaps the most optimistic and supportive group, probation officers, felt realignment: "gave them an opportunity to fully test whether well-tailored rehabilitation services can keep lower-level felony offenders from committing new crimes and returning to prison."

Petersilia also offers a number of recommendations based on the conversations:

• Create a database of state prisoners released to county probation supervision.
• Consider an offender's past crimes when determining his or her level of post-prison supervision (parole or probation).
• Cap county jail sentences at three years, and consider prison time for repeat probation violators (like sex offenders who cut off their GPS monitors). 

Such changes, Petersilia suggests, could help law enforcement deal with the challenges realignment has brought. 

Where the money is going

The second study examines how California counties are spending billions of dollars they've been allocated by the state to implement realignment.

Looking at the county's plans for the first year of realignment, University of Denver Sociology Professor Jeffrey Lin found that counties varied in whether they allocated more of their realignment dollars to law enforcement or treatment and rehabilitation.

Lin found counties that had relatively fewer per capita law enforcement personnel (like Riverside and Kings counties) used realignment dollars to beef up their law enforcement ranks.

Other counties that invested more heavily in law enforcement (like Los Angeles and Kern counties) may have felt compelled to invest in law enforcement because of higher crime rates and politically, their "relatively high preference for prison for drug crimes."

Those investing more in treatment and rehabilitation also shared some characteristics.

A category of counties that included Alameda and Sonoma tended to have high Black unemployment rates and popular county sheriff's. In these counties, Lin hypothesizes: "high confidence in the sheriff’s office may allow key leaders to address those needs in less politically popular ways—i.e., pursuing treatment as a solution to crime problems."

Overall, "Sheriff and Law Enforcement spending is generally a product of local needs (crime conditions and dedication to law enforcement) and preference for punishment."

Whereas, "Programs and Services spending fundamentally revolves around electoral
confidence in the Sheriff."

Lin adds the caveat that only the first year of planned realignment spending was included in the study. He plans to follow up to see how the trends hold up over time. 

LA Jail System Not Expanding After All As Taft Deal Dies

Prison reform advocates were appalled when Los Angeles County’s top elected officials last month agreed to lease an empty jail about two hours from Downtown LA.

“It’s so disappointing,” Lynne Lyman, the California director for the Drug Policy Alliance, a national advocacy group, said at the time.

Los Angeles County, which includes the city of LA, already had more people behind bars than any other U.S. county or city -- more than Miami and New York City combined. By adding the remote Taft city jail to its network of crowded facilities, the county would be able to lock up about 500 more people, raising its total inmate population as high as 22,000.

But on Tuesday, the county scrapped the plan after a key supporter changed her mind. Now, the county will have to come up with another way to relieve overcrowding in its jails.

County Supervisor Gloria Molina, who joined two of her colleagues in a 3-2 vote for the deal last month, told the Los Angeles Times she reversed her position after learning about an ongoing legal battle over the Taft jail. Until 2011, California used the Taft facility to house state inmates. Last year, Taft sued the state, after the state canceled the contract.

Molina told the LA Times she didn’t want the county to get dragged into the dispute. Molina’s office did not immediately respond to requests for comment from The Huffington Post on Wednesday. Molina generally favors jail expansion, and the county is likely to come up with another plan for enlarging its jail system soon.

In the meantime, prison reform advocates said they hope to convince Molina and the other county supervisors to support what they call “alternatives to incarceration.” That includes substance-abuse treatment, transitional housing, and other programs aimed at making sure people don’t go back to jail after they’re freed.

“Most of the people going into the jail system were already disconnected from basic services, such as housing, health services, and employment,” said Lyman. “Services provided after release can help them establish a basic foundation that moves them toward long term stabilization and ensure they do not return to jail.”

LA’s struggle with jail overcrowding goes back to 2011, when Gov. Jerry Brown (D) signed a law that shifted responsibility for many low-level, nonviolent offenders from the state to the counties in an attempt to ease overcrowding in state prisons.

To fund the program, Brown dedicated a portion of state sales tax revenues and vehicle licensing fees to the counties. In the program’s first three years, Los Angeles has received more than $700 million.

Lyman and her colleagues said they had hoped the county would spend that money on substance-abuse treatment programs, prisoner-reentry programs, and other alternatives to incarceration.

So far, however, only about 5 percent of LA’s funds have gone to reentry programs, although an additional 15 percent has gone to the Department of Mental Health and the Department of Public Health for treatment services.

“We are not investing in what we know works,” said Lyman.

In some parts of California, including San Francisco and Santa Clara, counties have invested in a different approach. Two years ago, for example, Santa Clara opened a reentry center that provides services to people coming out of prison or jail.

Ten months after the program began, only 20 percent of released inmates in the county were getting rearrested, compared with about 65 percent before the center opened.

By investing in similar programs, prison reformers said, LA could reduce its jail population by thousands of inmates.

“I walk the jails every month,” said Herman Avilez, the head of California Drug Counseling, a group that provides substance-abuse counseling and other services to low-income people in Pasadena. “Those places are packed with people that shouldn’t be in there.”

via http://www.huffingtonpost.com/2013/10/30/la-jails-taft_n_4179372.html

No More Jails!

July 16, 2013

9 am

CREATIVE ACTION

PRESS CONFERENCE

RALLY

SPEAKOUT

SAN BERNARDINO COUNTY: Jail expansion tab rises $10 million more

San Bernardino County supervisors are expected to approve a $10 million increase for the Adelanto jail expansion on Tuesday, June 25, because of project costs that continue to increase.

The change order is the latest in a series that have boosted the project budget from $120 million, when the contract was awarded in December 2010, to $144 million.

It also will mean a delay in the completion of the jail, which originally had been expected to be finished by this fall and now is scheduled to be done by late January 2014.

Last month, the board approved an $8 million increase to the jail project budget and in February signed off on a $6 million increase. The item for the latest changes is on the Board of Supervisors’ consent calendar, a list of usually non-controversial items that can be approved on a single vote.

Board Chairwoman Janice Rutherford said she’s not happy with the cost increases but said the county’s focus is on getting the project done by the late January deadline, which is a condition of state funding.

“I hope this is it,” she said. “We’ve said that in the past and additional problems have cropped up so fingers crossed.”

As with the previous change orders, the main reason for the increase was design problems with the smoke control and fire sprinkler system, said Carl Alban, director of the county's architecture and engineering department. Resolving those problems also caused delays that increased costs for other construction on the project, he said.

Another increase was because of a water well that had a high level of fluoride that required additional treatment. The well will supply drinking water to the facility.

The county was awarded state funding for three-quarters of the cost of the project, up to $100 million, as part of a $1.2 billion jail construction bill approved by the state Legislature in 2007.

The latest increase puts the state’s share of the projects costs at the $100 million threshold, with the county picking up the remaining $44 million. Any more increases will be the sole responsibility of the county instead of being split with the state, as has been done so far, Alban said.

The project consists of three four-story housing buildings plus a support building that includes booking and holding cells and a medical clinic.

The expansion comes at a time when the county jails have been dealing with crowding because of the state’s realignment law that shifted to county jails some prisoners who would have gone to state prisons.

Between January 2012 and last week, 6,932 prisoners have been released early because of crowding, sheriff’s spokeswoman Cindy Bachman said.

The county’s four jails have a capacity of about 6,000 prisoners. The Adelanto project will add 1,392 beds to the existing 706-bed jail, but sheriff’s officials plan to move into the new facility in phases. County officials still are working on a plan to pay for the $37.9 million in ongoing costs to staff the new jail.

Via Press Enterprise BY IMRAN GHORI June 24, 2013; 05:20 PM 

http://www.pe.com/local-news/politics/imran-ghori-headlines/20130624-san-bernardino-county-jail-expansion-tab-rises-10-million-more.ece