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The Orange County Jail system remains one of the safest mega-jails in the country. Based on average daily populations, the Orange County Jail system is now the 2nd largest jail system in California and the 8th largest nationally. In 2006, the Average Daily Population (ADP) exceeded 6,365 inmates. Our current inmate-to-staff ratio is 34 to 1, significantly higher than the national average of 14 to 1. Orange County is 60% below the national average of inmate-on-staff violence and 45% below the national average of inmate-on-inmate violence.
During 2006, eleven inmates died while in custody. Each death is thoroughly investigated and reviewed to find the cause and the manner. In fact, there are a number of entities that can investigate or review an incident including but not limited to the Orange County Grand Jury, the Orange County Board of Supervisors, the Orange County District Attorney, the Federal Bureau of Investigation, the California Attorney General’s Office and other law enforcement agencies.
In June, the Orange County Grand Jury released a report on The State of Orange County Jails. Highlighted within the report was a list of statistics showcasing the fact that our jails remain among the largest and the safest across the nation:
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The Orange County Jail System is the 8th largest jail nationally and the 2nd largest in California.
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The Orange County Jail System booked approximately 66,000 new arrestees in 2006.
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The Orange County jails experienced 19 inmate-on-staff-assaults in 2006, or an average of 1.4 per 100 inmates. The national average is about 2.7 per 100 inmates.
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The Orange County jails experienced 92 inmate-on-inmate assaults in 2006, or an average of 1.4 per 100 inmates. The national average is 10 per 100 inmate
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The Orange County jails’ average for inmate to total sworn-staff 8.8 to 1. The national average is 4.3 to 1.
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The Orange County jails’ inmate to on-duty staff average is 32 to 1. The national average is approximately 14 to 1.
Back in April, the Register’s Gordon Dillow wrote an article we neglected to showcase: Don’t be conned by jail tales. Here’s an excerpt:
“Yes, people die in Orange County jail. Last year two inmates committed suicide (other attempted suicides were prevented by jail staff) and nine others died of medical causes — not a shockingly high number in a "community" of 6,500 mostly troubled and/or substance-abusing souls. But over the past 10 years Orange County jails have had a far lower rate of "in custody" inmate deaths per capita than the county jails in San Diego, Riverside, San Bernardino and Los Angeles counties.
And yes, people get hurt in Orange County jail. Hey, it's a jail, not a girls' finishing school, with an often brutal inmate social and racial culture. It's not like these guys spend their time holding hands in a circle and singing ‘Give Peace a Chance.’”
With that, in the interest of full disclosure, here’s the breakdown of last year’s in-custody deaths, including cause and manner. This information is available to the press and the public:
INMATE CAUSE AND (MANNER) OF DEATH
Our response to the Orange County Grand Jury report can be found here.
We were asked to respond specifically to two findings and two recommendations:
Finding F-1: The OCSD is currently preparing a coordinated plan to provide information to OC communities about the MOA and to gather information about community concerns with the MOA.
Finding F-2: OCSD does not identify on their web site or their public viewable arrest log those booked prisoners who have an immigration detainer placed on them.
Recommendation R-1: The OCSD should complete the plan to gather community information and opinions about the OCSD ICE program and include a strategy to inform the community about SCC’s role in the program.
Recommendation R-2: OCSD should consider adding to their website and their public viewable arrest log a notation if a booked prisoner has an immigration detainer.
Most notable is the list of participants involved in the Sheriff's Community Coalition. These groups continue to provide input and feedback on our Cross-Designation program. In fact, Sheriff Carona and Undersheriff Galisky recently attended a Los Amigos meeting to discuss our ongoing efforts.
Here's a partial list of our Sheriff's Community Coalition: 100 Black Men of OC, 100 Black Women of OC, ACLU, Alliance for the Mentally Ill, Anaheim Veterans Center, Anti-Defamation League, Armenian Community, Black Chamber of Commerce OC,
Calvary Chapel Costa Mesa, Christ Our Redeemer AME Church, Church of Jesus Christ of LDS, Community Action Partnership of OC, Council on American-Islamic Relations, Department on Aging, Elections Committee of OC, Episcopal Churches, Grand Jurors’ Association of OC, Hispanic Bar Association, Hispanic Chamber of OC, Hispanic Methodist Church, Iranian-American Council, Los Amigos of OC, National Conference for Community & Justice, OC Bail Agents Association, OC Human Relations Commission, OC Human Relations Council, OC Japanese American Association, OC NAAC, POC Sheriff’s Advisory Council, OC Southern Baptist Association, Presbyterian Church, Roman Catholic Diocese, SE California Conference of 7th Day Adventists, So California Indian Center, South Asian Network, US Middle East Alliance, Women’s Transitional Living Center
Lt. Brotheim's article appears in the July 2007 issue of California Sheriff, Cal State Sheriffs' Association's monthly newsletter. The complex nature of operating a jail is quickly apparent in this article -- every interaction with an inmate is unique in its risks and challenges.
Lt. Brotheim begins: "At 0300 hours the deputy in the housing guard station saw a recently received inmate in his cell acting in a very bizarre and animated manner. The deputy tried talking to him, attempting to calm the inmate down. This was done via the intercom system according to normal facility policy and procedures, while additional deputies were being summoned. Two more deputies arrived and they made entry to the housing area to see what the issue was. The deputies tried to communicate with the inmate through the cell door. The inmate appeared confused, screaming in an intelligible language that sounded like gibberish. He was nude and attempting to break through the glass cell door with his hands, feet and head, to get to the deputies. Fearing the inmate would harm himself, the deputies made entry to the cell with less-lethal equipment."
Read it all here.
We've attached the Internal Affairs Unit Report for 2006.
From the forward: "The Internal Affairs Unit serves a critical role in upholding the high standards of conduct expected of employees of the Orange County Sheriff’s Department while also meeting legal mandates to respond to complaints of misconduct initiated by the public. The investigations undertaken by Internal Affairs are confidential, the details of which cannot be disclosed except under certain controlled circumstances. As such, much of the work of Internal Affairs is unknown and shrouded by the necessities of confidentiality, the Peace Officer’s Bill of Rights (AB 301), and other applicable human resources law and requirements. The reality of Internal Affairs and the investigative process is frequently misunderstood not only by the public but also by most other members of the Sheriff’s Department. We hope this 2006 Annual Report will provide insight into this relatively unknown facet of the Department’s Professional Standards Division."
One statistic that surprised me: "The majority of complaints initiated for investigation in 2006 came from internal Department sources." Simply put, we don't look the other way to "protect our own," contrary to what the media reports.
Here's the entire report.
At my request, consultants from the US Department of Justice, National Institute of Corrections (NIC) are conducting a review of our jail system -- evaluating intake, records, housing, classification and supervision plans. This outside, independent review will provide a technical assessment of our policies, procedures and practices and represents another example of the available oversight mechanisms of our jail operations.
The National Institute of Corrections (NIC) is an agency within the U.S. Department of Justice, Federal Bureau of Prisons. The Institute is headed by a Director appointed by the U.S. Attorney General. A 16-member Advisory Board, also appointed by the Attorney General, was established by the enabling legislation (Public Law 93-415) to provide policy direction to the Institute.
The NIC provides training, technical assistance, information services, and policy/program development assistance to federal, state, and local corrections agencies.
They also provide leadership to influence correctional policies, practices, and operations nationwide in areas of emerging interest and concern to correctional executives and practitioners as well as public policymakers.
The Orange County Sheriff’s Department employs the highest quality law enforcement personnel in the nation. Year after year, Orange County citizens benefit from their skill and dedication.
Our recruitment statistics, highlighted in the Orange County Grand Jury’s report on the State of Orange County Jails and Programs, underscores the level of difficulty in becoming a Sheriff’s Deputy in the nation’s premier law enforcement agency. The Grand Jury report states, in 2006, 4,414 people applied to the OCSD for a deputy sheriff position, 1,146 passed the written exam, and 118 completed the background process and were hired. Of these 118, 19 were lateral transfers from another law enforcement agency and the rest were sent to the OCSD Academy. Of the 99 sent to the OCSD Academy, 49 graduated.
We take very seriously our responsibility to hire only the best of the best to serve our residents, businesses and visitors. However, there are those rare occasions when we are notified that one of our employees is the subject of an investigation. As disappointing as such news is to us all, we are committed to doing the right thing and, as an organization, we will work to eliminate criminal behavior wherever it is found.
The Orange County Register and the Los Angeles Times have reported that one of our deputies is the subject of an investigation.
Contrary to what has been alleged in the newspapers in the past, we hold ourselves accountable. Upon notification of any investigation, we immediately initiate an internal investigation and cooperate with the investigating agency.
The confidence and support of the communities we serve is never taken lightly. We constantly strive to ensure that the men and women who wear our uniform are of the highest character and integrity.
The Los Angeles times article is here
The Orange County Register article is here
Inmate Vicki Avila died on June 11, 2006, while in custody at the Central Women's Jail in Santa Ana. Consistent with our current practice and protocol for in-custody deaths, the Orange County District Attorney conducted a thorough investigation. Due to intense media scrutiny, the Orange County Grand Jury, working in their role to provide independent oversight, participated in a thorough review of the circumstances surrounding inmate Vicki Avila's death, including the findings of the District Attorney, the Coroner and pathologist.
In September 2006, after the death of Huntington Beach teenager Ashley MacDonald, Orange County Register editorial writer Steven Greenhut wrote a column entitled, Police rush to shoot, but ask us to withhold judgment. In the article, the death of Vicki Avila was mentioned in defense of Greenhut's argument for civilian law enforcement oversight. The most egregious statement is his conclusion:
In California, police decide when to use deadly force, and police agencies get to investigate themselves. They release only the information they want to release when the investigation is complete. The agencies can shield information about "bad apple" cops from the public. And those of us who simply want a little more debate and accountability are told that it's unconscionable to second-guess the authorities. I don't mean to be alarmist here, but the Webster's definition of a police state, i.e., a political system characterized "by an arbitrary exercise of power by police," is starting to cut a little too close to the bone.
Greenhut's comments could not be further from the truth, especially in light of the Grand Jury report. The report, An In-Custody Death Reviewed, is available to the general public and states in the summary, "The Grand Jury determined that reports of deputy misconduct were totally unsubstantiated."
After the tragic death of Ms. Avila, reporters, columnists, defense and plaintiff's attorneys, and anyone with an axe to grind had already convicted law enforcement personnel of misuse of force and misconduct. In every instance we did ask the public to withhold judgment until all the facts were brought to light.
To compare the tone of the media coverage at the time of Ms. Avila's death with the media coverage after the release of the Grand Jury Report, I have attached several newspaper articles. Allegations of a cover-up and possible deadly use of force were plentiful. Yet, after the release of the Grand Jury Report, the fact that deputy misconduct was totally unsubstantiated could only garner a single sentence in most articles.
The Orange County Jail System may not enjoy "positive perception" in the media, but we prefer to focus on the reality of the safe and professional jails we operate each and every day. Plaintiffs and defense lawyers along with the inmates and families they represent enjoy great access and cooperation with newspapers and journalists who enjoy peddling the "dark and sinister underbelly" they want so much to believe exists in our jails. It is time for our government leaders to stand up and defend the men and women who provide this essential service, instead of standing side-by-side with those who continually try to undermine our operation.
Last year we booked approximately 66,000 inmates into our jails and, while tragedies can and do take place, our priority is to ensure that our community receives all the facts in a way that does not endanger the integrity of the investigation or the due process of the justice system. Time and patience are essential in such matters. This case provides one more example of the role of the District Attorney's office as well as the independent civilian oversight which, contrary to the opinion of some Board Members, already exists within the role and the scope of the Grand Jury.
A rush to judgment serves no useful and legitimate purpose. The facts of this case have been brought to light and, as I assured the Board in my letter last July, my staff conducted themselves professionally and within policy.
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