Ana Maria Faith, Chairman |
Beverly Claypool |
Cynthia Cloman |
Daniel Freifeld |
Johnnie Raines |
Arthur Sigler |
Sheldon Williger |
The Grand Jury is empowered under existing statutes to examine all city and county functions relative to the disposition of Criminal Justice in the County of Los Angeles. Accordingly, the Grand Jury may conduct financial, management, operational, and legal compliance audits to determine areas of both strengths and weaknesses within the system.
The 1998-1999 Los Angeles County Grand Jury appointed a Criminal Justice Committee, primarily to review the workings of the various components of the criminal justice system, and secondarily, to investigate the validity and requisite follow-up on citizen complaints concerning a wide variety of topics. The primary focus and attention of the committee was the structure and operation of the following departments: District Attorney, Public Defender, Sheriff, Coroner, Probation, Fire, and Los Angeles Police Department.
The goal of the committtee was to ensure the best interests of Los Angeles County residents are being served, and to achieve significant levels of improved performance among the agencies involved, as opposed to meeting minimum compliance standards only. It is the mission of this Criminal Justice Committee to prove deeply into the operations and accountability of the Inmate Welfare Fund and County departments as mandated by California Penal Code, section 925, 925(a), and 928.
The Criminal Justice Committee reviewed, investigated, and responded to all Citizen Complaints made against the criminal justice system which were addressed to the Committee during its term. These complaints usually alleged unlawful activities of individuals, officials, City and County departments, and other outside organizations. The Committee worked on resolving complaints deemed appropriate for the Grand Jury review, or if the complaint did not fall under the jurisdiction of the Grand Jury, it would be directed to the appropriate agency for resolution. After close examination and review, the Grand Jury did not initiate any formal hearings as a result of citizen complaints to the Criminal Justice Committee.
The Criminal Justice Committee conducted an independent study of the Los Angeles County Sheriff Department's Inmate Welfare Fund (IWF) after learning that this fund had a current balance of more than $70 million and that the telephone revenue from the Pacific Bell "collect only" pay phones in the detention facilities will bring in $70.75 million over the next three years. The Committee wanted to be sure that the benefits of the Fund were being provided to the inmates it was designed to help.
It was the intention of the Criminal Justice Committee to focus attention on the handling by the Los Angeles County Sheriff's Department of the Inmate Welfare Fund. The operation of the IWF is mandated by California Penal Code, sections 4025 and 6030, and Title 15 of Correction Standards, and is designed to provide services essential to the health, welfare and educational needs of the inmates confined within the detention facilities.
The purpose of this study is:
1. To examine the Sheriff's detention facility's policies and procedures for allocation and disbursement of the IWF revenues.
2. To obtain a detailed accounting of the revenues received and used to date.
3. To determine the exact benefits inmates receive from the Inmate Welfare Fund revenues.
Background
The County of Los Angeles Sheriff's Department Inmate Welfare Fund is administered by the Sheriff and governed by an Inmate Welfare Fund Commission of six private citizens appointed by the Sheriff. IWF monies are self-generated, non-taxpayer funds to be used solely for the benefit, education, and welfare of the inmates.
The management of the Fund is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and forecasts of revenue and costs by fund management are required to assure the level of expected benefits, and to maintain a proper level of internal control in keeping with mandated policies and procedures.
The objectives of the internal control structure are to provide all concerned with reasonable, but not absolute, assurance that assets are safeguarded against misuse of thefunds. The IWF deposits revenue into the Special Revenue Funds Account that is interest bearing on a daily basis.
The following are the main sources of the Inmate Welfare Fund:
1. Inmate "collect only" pay phones
2. Inmate Jail Store
3. Inmate Vending Machines
4. Inmate Barber Shop
5. Inmate Hobby-craft Stores
6. Hacienda-LaPuente Education Program Refund
The Criminal Justice Committee had concerns regarding the managerial and fiscal control practices used to verify compliance with applicable laws and policies. The Inmate Telephone usage and Jail Store profits were the two components of the Inmate Welfare Fund that became the focus of the Committee's review.
Methods of Investigation
The Criminal Justice Committee's Findings and Recommendations evolved from structured interviews with County administration and staff, unannounced on-site visits, and the study of relevant documents. Committee members interviewed Sheriff's Department personnel, jail inmates, and Commissioners of the IWF.
The documents reviewed included organization charts, goals and objectives of the Sheriff's Department, financial and performance data, Federal and State requirements, previous audit reports, and responses from a random sampling of inmates who answered questionnaires designed and provided by the Committee. Unannounced site visits of the following Sheriff facilities were made to evaluate possible deficiencies and to make recommendations from personal observations.
- Mens Central Jail, Los Angeles
- Mira Loma Facility, Lancaster
- Twin Towers & Inmate Reception Center, Los Angeles
- Century Regional Detention Facility, Lynwood
- South, East, & North County Correctional Facilities also including The Peter J. Pitchess Honor Rancho in Saugus.
Inmate "Collect-only' Pay Phones
The largest single operation of County government involves the arrest of suspects, their prosecution, and the detention of criminals. The Los Angeles County Sheriff detention facilities currently hold 22,000 inmates. These thousands of individuals are from every ethnic and racial group, profession, income and education level.
The telephones available to inmates are considered critical in detention facilities because they can provide the means for inmates to communicate with friends and families, although in some cases the phones can be used to continue to conduct illegal business activities, a practice well documented by police authorities. The Sheriff's department has acknowledged that access to this phone service eases the inmates' burden of confinement, thereby resulting in a safer environment for law enforcement personnel assigned to manage the detention facilities.
The Pacific Bell phone company provides local exchange collect-only services for the Sheriff's detention facilities 4,000 inmate telephones. A 1998-1999 three-year contract agreement provided for an initial incentive bonus of $16.75 million, and an increase in the commission rate to 42%, from the prior 19% of all revenue generated from the inmate telephones.
Pursuant to Penal Code section 4025, revenue from inmate collect telephones calls must be deposited into the IWF. The estimated revenue is based on anticipated total call minutes and the number of calls made each month at $2.65 per minute. The projected commission increase will net the Fund an additional $9-$13 million during the term of the existing three year contract.
Jail Store Fund
The Jail Store Fund was established in accordance with Penal Code section 4025, and provides for the presence of a store for jail inmates. One of the resources of the monies contributed to the IWF is from the Jail Store which allows inmates to purchase, by use of "credit", supplies necessary for their comfort, sanitation, and welfare, including candy, postage, writing materials, books and similar items.
The money received from these sales is used to reimburse the County for direct, out of pocket costs and all profits above this are transferred to the IWF on an annual basis, withone year in arrears. It was noted that the Jail Store was under the management of the IWF Board of Commissioners.
Under section 1265 of Article 12, Title 15, detention authorities are to provide personal hygiene items to inmates if they are held over twenty-four hours and are unable to supply themselves personal care items due to indigence, or in the absence of an inmate account utilizing a credit arrangement.
The Criminal Justice Committee members reviewed the new procedure listing items inmates could request which consists of a pre-printed order sheet which is marked in an appropriate box by the inmate. These sheets are then submitted to "trustee" clerks for processing and distribution at the Jail Store.
This method is fairly similar to the previous system, in that it consists of a list of items. However, now it has been formatted for computer review and calculating, rather than by IWF staff personnel, thereby eliminating human arithmetic errors, etc. Management and operation of the Jail Store has now been contracted out to a qualified outside vendor, who can provide a more varied inventory, along with more competitive pricing.
Survey of Inmates
The purpose of this face-to-face interview with inmates was to compile a sample of opinions from inmates housed in different living units, and to make a determination as to whether the IWF was being utilized for the benefit of the inmates as the legislation has intended. It was the objective of the Criminal Justice Committee to obtain valid responses and non-biased opinions, and to collect definitive data pertaining to the utility of the IWF.
The Committee used several research techniques and systematically made specific inquiries concerning the accounts, performed research, and interviewed Sheriff's Department personnel. The information gathered from the questionnaire aided the Committee's study in the development of our recommendations regarding the ultimate disposition of the IWF and its overall management.
Sampling
The base subjects used for this study were inmates who were confined in The Men's Central Jail and The Twin Towers Correctional Facility, and housed in various cell blocks and modules within these institutions. The Committee was interested in randomly interviewing a diverse ethnic sample, including inmates with a variety of criminal charges and lengths of stay.
The Committee strove to achieve fairness, objectivity, and to filter out any bias on one side or the other. The goal was to provide fairness, objectivity, and to avoid the risk of duplication or data which would result from shared responses.
Questionnaire
The format used for this study was a committee designed questionnaire consisting of 20 open- ended questions intended to elicit unbiased, factual responses, without any editorializing. The areas of inquiry were two fold: the first concerned the inmates' input on the conditions within their facility, and the second highlighted the perception of the operation and individual impact of the IWF. All steps were taken to assure inmate anonymity, and eliminate any fear of reprisals by institutional authorities.
Procedures
The Criminal Justice Committee used a personal collection method of gathering applicable data by conducting private meetings with inmates at Men's Central Jail and Twin Towers, both readily accessible from the Grand Jury offices in the Criminal Courts Building. The document was designed by the Committee to be easily read and understood by the inmate, so that answers could be given quickly as well as accurately.
Prior to interviewing the inmates a Committee member would assure the respondent that his answers would remain confidential, and explain the purpose of the questionnaire.
To ensure a random sample, the Committee split into two groups to meet with the inmates; the first group went into randomly selected housing areas and modules, and the second group conducted their interviews in the Attorney Interview rooms.
The first group went directly to the cells or modules and interviewed inmates where they live so that the committee members could actually view some of the conditions that the inmates were exposed to on a day-to-day basis. Many aspects of the conditions of incarceration were observed and noted specifically on each questionnaire. The second group interviewed inmates from behind a screen of plexiglass to ensure safety and security measures. The group which had access to the actual cell blocks undoubtedly had a more accurate feel for actual living conditions as opposed to the committee members who met and interviewed inmates in the presence of deputy sheriffs and other custodial staff.
It was interesting to learn that Men's Central Jail has a varied amount of modules which are equivalent to a 10 block radius, which allowed for a large random sample. It was also noted that inmates who are housed in maximum security areas and inmates who are housed in so called "general population" areas had different viewpoints on the issue of the IWF.
During the interview process it was noted that the longer an inmate had been incarcerated and the location of his housing had a direct correlation on his view of the general conditions, food, and custodial care, as well as the workings of the IWF. After taking a sampling of interviews, a general consensus emerged, i.e. no matter how many inmates were interviewed, common complaints began to appear regardless of housing location.
When the questionnaires were completed, the Committee analyzed the data collected and developed findings regarding the operations, procedures, and overall efficacy of the IWF.
Findings
1. $70 million currently in the Inmate Welfare Fund Account is not being used directly for the inmates services as prescribed by various California Penal Codes. (See Statement of Expenditures FY 1997-98, attached.)
2. Many needs of the inmates are not being met on a consistent basis. For example "fish Kits" which provide a toothbrush, soap, shampoo, and other basic hygiene needs, are not being supplied to those who cannot afford them or those who are newly arrested and recently detained. General education, vocational training, and counseling are not being offered to inmates who have experienced delayed trial proceedings, some of which last over a year, or for those who are relocated within the same facilities.
3. Barber shops are not open long enough, and as a consequence many inmates have to wait several months to receive haircuts which were paid for months earlier. Inmates stated that they requested an opportunity to meet with counselors and/or attend anger management classes, but were not granted permission to do so.
4. Library privileges are not offered to most inmates and the ones who are allowed to use these facilities find most books missing, torn, or not adequate for their general use.
5. Prices in Jail Stores are too high on many items which are needed for hygiene use, although selection appears to be improved under the new management recently installed.
Recommendations
It is recommended that the Inmate Welfare Fund Commission:
1. More closely monitor in a proactive fashion by the expenditures from the InmateWelfare Fund to assure that these substantial monies be expended for the welfare of the inmates, as prescribed by State of California Penal Code.
2. Lower prices in general, and especially on items required to maintain acceptable standards of personal hygiene.
3. Improve library access for inmates by utilizing the Inmate Welfare Fund to supply books, magazines, and other educational material, along with equipment such as weights and other items utilized for indoor recreational activities.
4. Provide more anger management, counseling, GED classes, and vocational training opportunities to inmates upon request.
5. Implement a more reliable and simple system to track the inmates' account balance at the Jail Store in real time, so inmate purchases can be authorized in a timely fashion.
COUNTY OF LOS ANGELES
SHERIFF'S DEPARTMENT
INMATE WELFARE FUND
STATEMENT OF EXPENDITURES
FOR THE FISCAL YEAR ENDED JUNE 30, 1998
SERVICES & SUPPLIES
EXPENDITURES
ACCOUNT NUMBER |
|
TOTAL |
2029 |
Inmate Clothing & Supplies | $110,265 |
2032 | Personal Supplies | 1099,188 |
2040 | Uniform & Safety Issues | 30 |
2076 | Telephone Usage Charges | 22,705 |
2123 | Food-Bakery | (11) |
2124 | Food-Human | 8,491 |
2144 | Bedding, Linen, & Mattress | 30,010 |
2145 | Cleaning Supplies | 96 |
2162 | Kitchen & Dining Supplies | 21,075 |
2172 | Household Expenses | 1,439 |
2174 | Toilet Paper, Paper Towels, and Tissues | 184 |
2362 | Repairs, Maintenance, Parts-ISD Services | 36,341 |
2368 | Repairs, Maintenance, Parts-Auto, Bus and Trucks | 55 |
2371 | Repairs, Maintenance, Parts-Office Systems | 580 |
2375 | Repairs, Maintenance, Parts-Computers | 34,836 |
2376 | Repairs, Maintenance, Parts-Communications | 57,817 |
2390 | Repairs, Maintenance, Parts-Printing Equipment | 974 |
2396 | Repairs, Maintenance, Parts-Office Equipment | 1,473 |
2400 | Repairs, Maintenance, Parts-Data Cable | 121,674 |
2451 | Repairs, Maintenance, Parts-Kitchen Equipment | 487 |
2455 | Repairs, Maintenance, Parts-Photocopy Equipment | 4,067 |
2456 | Repairs, Maintenance, Parts-Laundry Equipment | 2,551 |
2699 | Floor Coverings | 9,945 |
2742 | Repairs & Minor-Changes | 205,363 |
2760 | Regular-Maintenance | 979 |
2786 | Work Orders Performance by Facilities Mgmt | 229,718 |
3074 | Medical & Lab Supplies | 3,082 |
3162 | Membership | 130 |
3182 | Miscellaneous Expense - Parking Fee | 3 |
3216 | Postages | 24,119 |
3224 | Stationary & Forms | 3,368 |
3240 | Books/Manuals | 45,451 |
3265 | Computer Related Supplies | 1,916,477 |
3268 | Office Furnishings | 48,294 |
3274 | Copy Supplies | 21,763 |
3296 | Newspapers/Magazines/Services | 169,796 |
3326 | Audio/Video Supplies | 6,197 |
3327 | Office Supplies & Accessories | 18,283 |
3343 | Office Equipment | 92,621 |
3522 | Fees, Permits & Testings | 28,050 |
3638 | Inmate Education - Hacienda La Puente USD | 5,462,186 |
3772 | Professional & Specialized Svcs | 341,432 |
3802 | Purchasing Services | 38,826 |
3828 | Salaries & EB | 413,290 |
4220 | Rental Special Equipment | 3,845 |
4476 | Equipment | 705,454 |
4492 | Small Tools & Instruments | 41,843 |
4545 | Recreational Supplies | 94,790 |
4558 | Bulletins & Mailings | 1,833 |
4561 | Cable TV Services | 39,049 |
4634 | Film, Development & Supplies | 186 |
4721 | Miscellaneous Expenses | 81,951 |
4774 | Police Supplies | 67,797 |
4822 | Trusty Barbershop | 12,403 |
4980 | Vocational Supplies | 4,929 |
5110 | Travel Expenses | 7,606 |
5138 | Freight | 10,586 |
5142 | Gas, Diesel Fuel, Oil | 5 |
TOTAL SERVICES SUPPLIES |
$11,705,977
|
6031 | FIXED ASSETS |
$630,878
|
6102 | OTHER FINANCING USES |
$4,140,872
|
TOTAL EXPENDITURES |
$16,477,727
|
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