Law and Justice Committee
Part 1

BACKGROUND

The Grand Jury made its statutory annual inspection of the San Benito County Jail and Juvenile Hall. Pursuant to the previous Grand Jury’s recommendation, it visited the Sheriff’s Evidence Room. Three complaints, filed with the Grand Jury by citizens of the county, were referred for investigation.

METHOD OF REVIEW

Interviews

Inspections:

San Benito County Jail

San Benito County Juvenile Hall

San Benito County Sheriffs Office Evidence Room

OBSERVATIONS, FINDINGS AND CONCLUSIONS

The eight-year-old San Benito County Jail is scrupulously clean and neat; not surprising as there is a strictly enforced zero tolerance policy for graffiti, garbage, drugs and fighting. The jail is composed of several wings (pods), which are centered on an observation room (Central Control). From Central Control, the on-duty officer may observe all wings at one time. Any areas not easily observed by the Central Control officer are monitored by video camera and may be seen via a closed circuit TV system. Security appears to be strictly enforced and has been enhanced by the new prisoner classification process. Each prisoner, before being placed in a pod, is interviewed by a specially trained officer and evaluated by several factors. The prisoner

is then placed in a pod suited to his characteristics. This process, it was stated, has eliminated much inmate fighting.

The jail has its own physician’s assistant who may examine inmates and distribute prescription medications and/or over-the-counter drugs as required. A local dentist provides limited dental assistance in the form of emergency tooth extraction. He has an office that is specially equipped for inmates.

The Grand Jury finds that the Jail is approaching capacity. There are currently beds for 126 inmates. However, if the number of inmates exceeds 100 for more than one year, California Penal Code §4023 mandates a full time physician must be onsite 24 hours per day. The added expense of an onsite physician, estimated at $250,000 to $300,000 per year, would severely strain the county budget. The Grand Jury was informed that last year the average daily inmate population was 102, which exceeded the maximum amount allowed by law. The County of San Benito must adhere to the requirements of the California Board of Corrections and the Penal Code or face additional liability. At the current rate of population growth, the Jail will be inadequate within the decade.

The Grand Jury learned that the Jail is minimally staffed and additional correctional officers are needed. The total compliment of staff includes 1 lieutenant, 4 sergeants, 16 officers and 6 support staff. There is not enough staff to maintain more than 3 persons per shift. Staffing does not comply with minimum jail standards as set by the California Board of Corrections. Frequently, early release of prisoners and transfer of inmates to work alternative programs is necessitated by lack of staff to operate the jail, not lack of space. Additionally, stress illness and injury due to excess overtime causes the department to exceed the allotted payroll budget and to lose officers.

Many of the inmates need psychological evaluation and/or require prescription medicines. Currently, these inmates must be transported by a correctional officer to the Mental Health Department. This takes a duty officer away from scheduled work and makes manpower resources even more limited. Instead of transporting inmates to the Mental Health Department, having psychologists, psychiatrists, or other mental health practitioners go to the Jail would help alleviate Jail staffing problems. Additionally, Jail security is compromised when inmates are transported to the Mental Health Department. San Benito County faces additional and unnecessary liability for the safety of the prisoners, the correctional officers and the staff at Mental Health by transporting prisoners back and forth instead of having a doctor or psychologist attend them at the facility.

The failure to provide additional staff at the Jail increases the probability of injuries to staff and prisoners, thus increasing the county's liability. The population of the county is growing quickly and the Grand Jury estimates that the jail will not be adequate within ten (10) years. The Board of Supervisors should make provision for the hiring of additional staff.

RECOMMENDATIONS

The Grand Jury recommends that:

RESPONSE REQUIRED

California Penal Code, §923, requires that a response to this final report and its recommendations must be delivered to the presiding judge of the Superior Court within 90 days of receipt of this report.