External Oversight, Reporting, and Organizational Accountability (OVR)

As of April 1, 2024

The pending summarized recommendations listed below reflect the most current information and actions taken since the previous Board Study Session. Summarized recommendations marked as audited or pending review have been updated for the May 7, 2024 Board Study Session.

There are 46 recommendations in the category of External Oversight, Reporting, and Organizational Accountability (OVR) included in the Summarized Recommendations below.

OVR 1: Regarding independent oversight body(ies), review options for, and then establish independent oversight for the Department of Correction and Sheriff’s Office that reports to the Board of Supervisors.

Steps Taken: On September 7, 2016, related to oversight and inspector general models, the FGOC received a written overview report, a verbal report from the Office of the Sheriff, and conducted a panel discussion of experts.

On September 12, 2017, the Board discussed a referral for consideration of an ordinance with possible charter amendment establishing an Office of Correction and Law Enforcement Oversight within Santa Clara County. FGOC has also held special meetings on October 5, October 24, November 20, 2017, and December 14, 2017 for additional discussions on this topic. On January 23, 2018, the Board approved actions to establish an Office of Correction and Law Enforcement Monitoring and provided direction to County Counsel on items to be brought back for adoption, including an ordinance for consideration on March 20, 2018. The Board preliminarily adopted the ordinance amendments establishing the Office of Correctional and Law Enforcement Monitoring and the Community Correction and Law Enforcement Monitoring Committee on March 20, 2018 and took action for final adoption on April 3, 2018. On June 5, 2018, the Board approved for the Correction and Law Enforcement Monitoring Services RFP to be issued through BidSync with the proposed timeline of selecting the contractor and authorizing contract negotiations in December 2018, with approval of the final contract to follow in early 2019. Additionally, approximately 6 to 12 months after the Office begins operations, the Board expects to appoint a 9-member Community Correction and Law Enforcement Monitoring Committee, which will serve as an advisory body to the Office focused on community engagement and review of policy recommendations.

The Board of Supervisors adopted a resolution establishing the Office of Correction and Law Enforcement Monitoring (OCLEM) Evaluation Committee composed of 13 voting members, who will consider and provide narrative feedback on the RFP finalists to the Board. The Evaluation Committee met on March 8, March 29, and April 3, 2019 and completed its review of the RFP finalists’ proposals for the OCLEM. On April 23, 2019, the Board received the contractor proposals for the OCLEM and a report from the Clerk of the Board of Supervisors and County Counsel relating to feedback provided by the Evaluation Committee.

On October 8, 2019, the Board received a report on the selection process for the OCLEM independent monitor. The Board approved the selection of a finalist provider to perform the functions of the OCLEM and authorized the commencement of contract negotiations. On December 17, 2019, the Board approved an agreement with OIR Group to provide OCLEM services for the period January 15, 2020 through January 14, 2023 in the amount of $4,417,800.

On June 2, 2020, the Board of Supervisors approved the proposed first annual work plan by the OIR Group for the Office of Correction and Law Enforcement Monitoring (OCLEM). The OCLEM work plan consists of three phases. The first phase is Assessment and Relationship Building, the second phase is Establishing Priorities and Crafting Solutions, and the third phase is Sustainability. The plan is meant to prioritize the issues that OCLEM believes should be monitored, identify policies that it believes the Board of Supervisors should consider, and commit to other duties that it intends to perform in furtherance of the Office’s role.

On August 25, 2020, the Board of Supervisors approved a referral relating to a proposed ordinance code amendment to expand the responsibilities and membership of the Community Correction and Law Enforcement Monitoring Committee. On October 6, 2020, the Board of Supervisors adopted an ordinance amending the County of Santa Clara Ordinance Code relating to the Community Correction and Law Enforcement Monitoring Committee. Additionally, on October 6, 2020, the Board of Supervisors approved referring 22 community-prescribed public safety reform recommendation to the Community Corrections and Law Enforcement Monitoring Committee for review and evaluation.

On December 15, 2020, the Board of Supervisors approved the revised Office of Correction and Law Enforcement Monitoring Work Plan to add monitoring activities generated by Custody Health Services. Additionally, on December 15, 2020, the Board adopted an ordinance to the County of Santa Clara Ordinance Code relating to the cooperation and access to information for the Office of Correction and Law Enforcement Monitoring.

The first Community Correction and Law Enforcement Monitoring Committee met on March 5, 2021.

This Summarized Recommendation has been audited by the Office of Correction and Law Enforcement Monitoring (OCLEM) and has been found to be implemented.

Budget Status: The Board approved the following:

FY 2017 Adopted Budget: $2.5 million reserve for jail reform and oversight.

Source Report(s): Blue Ribbon Commission, Human Relations Commission, Sheriff’s Jail Reform Plan

Responsible Department(s): County Counsel

Master List Nos.: 4, 57, 59, 61, 332, 404

Review Date: FGOC reviewed on September 30, 2016.

OVR 2: Regarding an independent civilian oversight commission, establish a nine member volunteer commission guided by a scope and that has specific roles and responsibilities. Commission would publish reports on statistics and complaints.

Steps Taken: The Sheriff’s Office has been investigating and researching options for independent civilian oversight. The Sheriff’s Office attended the National Association for Civilian Oversight of Law Enforcement conference to continue learning more about independent civilian oversight models.

The first Community Correction and Law Enforcement Monitoring Committee met on March 5, 2021.

This Summarized Recommendation has been audited by the Office of Correction and Law Enforcement Monitoring (OCLEM) and has been found to be implemented.

Budget Status: The Board approved the following:

FY 2017 Adopted Budget: $2.5 million reserve for jail reform and oversight.

Source Report(s): Sheriff’s Jail Reform Plan

Responsible Department(s): County Counsel

Master List Nos.: 402-403, 405

Review Date: FGOC reviewed on September 30, 2016.

OVR 3: Create an ombudsman office out of the existing Jail Observer Program as a neutral, outside resource. Ensure that this Office has enough staff to address concerns. Expand existing MOUs and add new ones with County entities that provide services to inmates.

Steps Taken: The Office of Mediation and Ombuds Services (formerly the Office of Human Relations), the Commission on the Status of Women, and the recent establishment of the Office of Correctional and Law Enforcement Monitoring and Community Correction and Law Enforcement Monitoring Committee were created, in part, to provide impartial and independent services or programs to inmates, their families, and the community. Each of these offices performs a different role that is integral to the County in fulfilling the overall need for independent review and oversight of the entire spectrum of the adult custody system.

The Office of Mediation and Ombuds Services provides neutral conflict, communication, and complaint redress assistance through its various programs. One of those programs, the Adult Custody Office of the Ombuds (ACOO), formerly known as the Jail Observer Program, provides organizational ombuds services to the Sheriff's Office, Custody Bureau, as the primary source of compliant redress (for visitors) involving custodial operations, and for inmate behavioral, medical, and dental health concerns.

On September 12, 2017, the Board discussed a referral for consideration of an ordinance with possible charter amendment establishing an Office of Correction and Law Enforcement Monitoring within Santa Clara County, including a civilian oversight commission. FGOC has also held special meetings on October 5, October 24, November 20, 2017, and December 14, 2017 for additional discussions on this topic. On January 23, 2018, the Board approved actions to establish an Office of Correctional and Law Enforcement Monitoring and provided direction to County Counsel on items to be brought back for adoption, including an ordinance for consideration on March 20, 2018. The Board preliminarily adopted the ordinance amendments establishing the Office of Correctional and Law Enforcement Monitoring and the Community Correction and Law Enforcement Monitoring Committee on March 20, 2018 and took action for final adoption on April 3, 2018. On June 5, 2018, the Board approved for the Correction and Law Enforcement Monitoring Services RFP to be issued through BidSync with the proposed timeline of selecting the contractor and authorizing contract negotiations in December 2018, with approval of the final contract to follow in early 2019. Additionally, approximately 6 to 12 months after the Office begins operations, the Board expects to appoint a 9-member Community Correction and Law Enforcement Monitoring Committee, which will serve as an advisory body to the Office focused on community engagement and review of policy recommendations. The Board of Supervisors adopted a resolution establishing the Office of Correction and Law Enforcement Monitoring (OCLEM) Evaluation Committee composed of 13 voting members, who will consider and provide narrative feedback on the RFP finalists to the Board. The Evaluation Committee met on March 8, March 29, and April 3, 2019 and completed its review of the RFP finalists’ proposals for the OCLEM. On April 23, 2019, the Board received the contractor proposals for the OCLEM and a report from the Clerk of the Board of Supervisors and County Counsel relating to feedback provided by the Evaluation Committee. On October 8, 2019, the Board received a report on the selection process for the OCLEM independent monitor. The Board approved the selection of a finalist provider to perform the functions of the OCLEM and authorized the commencement of contract negotiations. On December 17, 2019, the Board approved an agreement with OIR Group to provide OCLEM services for the period January 15, 2020 through January 14, 2023 in the amount of $4,417,800. On June 2, 2020, the Board of Supervisors approved the proposed first annual work plan by the OIR Group for the Office of Correction and Law Enforcement Monitoring (OCLEM). The OCLEM work plan consists of three phases. The first phase is Assessment and Relationship Building, the second phase is Establishing Priorities and Crafting Solutions, and the third phase is Sustainability. The plan is meant to prioritize the issues that OCLEM believes should be monitored, identify policies that it believes the Board of Supervisors should consider, and commit to other duties that it intends to perform in furtherance of the Office’s role. On December 15, 2020, the Board of Supervisors approved the revised Office of Correction and Law Enforcement Monitoring Work Plan to add monitoring activities generated by Custody Health Services. Additionally, on December 15, 2020, the Board adopted an ordinance to the County of Santa Clara Ordinance Code relating to the cooperation and access to information for the Office of Correction and Law Enforcement Monitoring.

The Commission on the Status of Women acts in an advisory capacity to the Board to study and investigate conditions which demonstrate discrimination or prejudice because of sex and gender. It is comprised of 15 members who are appointed by the Board to a term of three years. The Jail Monitoring Program is a partnership between the Commission on the Status of Women, the Office of Women's Policy, and the Office of the Sheriff/Department of Correction that works with staff at Elmwood to observe and facilitate focus groups with women.

On February 7, 2019, the Office of Women’s Policy (OWP), the Office of the Sheriff, and the Commission on the Status of Women provided a report to the Public Safety and Justice Committee outlining the five priorities for advocacy to help ensure the unique needs of incarcerated females are addressed.

Budget Status: The Board approved the following:

FY 2017 Adopted Budget: $2.5 million reserve for jail reform and oversight.

Source Report(s): Blue Ribbon Commission, Human Relations Commission, Commission on the Status of Women, and Zisser

Responsible Department(s): County Counsel , County Executive’s Office

Master List Nos.: 2, 146-151, 312-314, 522, 546

Review Date: FGOC reviewed on September 30, 2016.

OVR 4: Consider leadership options for the jail system and whether the Department of Correction should be independent. Establish who is responsible for jail operations. Look at the need for multiple individuals to oversee the care of inmates. Create a committee of experts and community stakeholders to study leadership and oversight models.

Steps Taken: The Board of Supervisors reviewed legally permissible options for jail structure for the Department of Correction at their study session on December 20, 2016, and again during their meeting on February 7, 2017. The Board has directed Administration work to find a consultant to evaluate the legally permissible options and make recommendations. An RFP was released in Fall 2017 and a contract was approved by the Board on December 5, 2017 with CGL Companies, LLC.

On March 20, 2018, the Board received a report prepared by CGL Companies, LLC. CGL conducted a detailed examination of the current jail organization structure, validated an organizational chart reflecting all aspects of existing jail operations; evaluated the legally permissible options for the organizational structure of the jails, as well as other possible organizational changes; and assessed the benefits and drawbacks of each organizational option considered. Upon consideration of CGL's report, the Board directed County Counsel to extend the sunset date of the existing Ordinance Code provision governing the jail organizational structure to a date that would allow the Board to consider and adopt more permanent Ordinance Code provisions by the end of the 2018 calendar year.

On April 17, 2018, the Board adopted an ordinance that extended the sunset date of the Ordinance Code provision to December 2018. Additionally, the Board requested County Counsel to report back during Fall 2018 with options for Board consideration relating to maximizing Board authority regarding correctional functions.

On November 20, 2018, the Board directed County Counsel to draft a revision extending the sunset date of the Ordinance Code provision to January 17, 2020. On December 18, 2018, the Board approved an ordinance extending the sunset date of the Ordinance Code provision governing the organizational structure of the County jails by one year to January 17, 2020.

On November 5, 2019, the Board received an updated report on the options for the organizational structure of the County jails and requested the preparation of an Ordinance Code amendment maintaining the current jail operational structure and extending the sunset date to July 1, 2020. On December 17, 2019, the Board adopted the Ordinance Code amendment extending the sunset date of the provision governing the organizational structure of the County jails to July 1, 2020.

On June 23, 2020, the Board approved the adoption of an ordinance extending the sunset date of the Ordinance Code provision governing the organizational structure of the County jails by one year to July 1, 2021.

On May 4, 2021, the Board approved the adoption of an ordinance extending the sunset date of the Ordinance Code provision governing the organizational structure of the County jails by one year to July 1, 2022.

On May 3, 2022, the Board approved the adoption of an ordinance extending the sunset date of the Ordinance Code provision governing the organizational structure of the County jails by one year to July 1, 2023.

Budget Status: The Board approved the following:

FY 2017 Adopted Budget: $2.5 million reserve for jail reform and oversight.

Source Report(s): Blue Ribbon Commission, Human Relations Commission, and Healthcare Gap Analysis - Wilcox

Responsible Department(s): County Counsel, County Executive’s Office

Master List Nos.: 3, 7, 58, 60, 315-316, 333, 601

Review Date: FGOC reviewed on September 30, 2016.

OVR 5: With regard to jail reforms, ensure that recommendations are implemented in a timely manner. Include input from diverse groups of community stakeholders and inmates, as well as experts from Blue Ribbon Commission. Publicize and review reports that include issues for inmates with disabilities, and Prison Rape Elimination Act (PREA) audit findings.

Steps Taken: The Sheriff’s Office has published the results of PREA audits and other inspections on their Jail Reforms webpage. They have also started convening Inmate Advisory Councils at Elmwood and will soon at Main Jail in order to provide another opportunity for inmate input.

This Summarized Recommendation is pending review by the Office of Correction and Law Enforcement Monitoring (OCLEM) as part of the Jail Reforms Audit to assess the status of implementation.

Budget Status: The Board approved the following:

FY 2017 Adopted Budget: $2.5 million reserve for jail reform and oversight.

No additional resources are needed.

Source Report(s): Blue Ribbon Commission, Zisser

Responsible Department(s): Sheriff’s Office

Master List Nos.: 1, 6, 517, 524, 526, 528

Review Date: FGOC reviewed on September 30, 2016.

OVR 6: Ensure recommendations are implemented within custody and custody health by: (1) Conducting audits and studies. (2) Developing scope, rules, and policies for departments and oversight bodies. (3) Monitoring custody and custody health policies, procedures. (4) Reviewing and making recommendations on incidents like use of force events and internal affairs investigations. (5) Providing project management and outside assistance to prioritize recommendations. (6) Providing management reports and conducting quality improvement studies.

Steps Taken: The Sheriff’s Office has been analyzing issues and compiling resource need requests related to this Summarized Recommendation, which will help to conduct research and policy development for both Custody and Enforcement. The primary function of these positions will be to track, monitor and implement jail reforms. They will also evaluate external best practices to ensure the Sheriff’s Office Custody and Enforcement Bureaus are remaining up to date and are consistent in both Bureaus. They will be tasked with developing management reports to recommendations to Executive Staff for areas of improvement. This will allow Office of Operational Standards and Inspection Unit within the Sheriff’s Office Custody Bureau to focus on audits and policy compliance. They will evaluate commissary options and establish the Vocational Training Program.

The Director of Custody Health Services (CHS) regularly meets with the Jail Reform Workgroup and is responsible for providing project management and prioritizing recommendations to ensure the implementation of various jail reform efforts.

CHS has two full-time Quality Improvement Managers who continually conduct audits and studies; review critical incidents; provide recommendations; and monitor compliance with and consistent application of Custody Health policies and procedures.

With the implementation of HealthLink, productivity and other relevant information are tracked and measured to develop a clearer picture of CHS operations, pinpoint areas that may require service or staffing level adjustments, and identify areas of need.

This Summarized Recommendation is pending review by the Office of Correction and Law Enforcement Monitoring (OCLEM) as part of the Jail Reforms Audit to assess the status of implementation. CHS will continue to monitor services to adapt to the evolving needs of inmates.

The Sheriff’s Office has contracted with Gary Raney to conduct a culture assessment that can be used to develop an employee and inmate survey to track ongoing progress. His initial report of findings will be presented to the Board of Supervisors on April 3, 2018.

On July 18, 2018 GAR, Inc. presented the results of the first inmate survey. The results have been posted on the Sheriff’s Jail Reforms website. The Sheriff’s Office plans to continue inmate surveys annually as recommended by GAR, Inc. once tablets have been introduced to the inmates at the facilities.

The Sheriff’s Office is continuing to develop data reports to guide operations. The new Grievance monthly dashboard is the first publicly available report and it is posted on the Sheriff’s Jail Reforms website.

The Sheriff’s Office has completed this recommendation to the extent possible with the existing technology infrastructure. In the future, the new Jail Management System will assist with conducting audits and creating management reports.

Budget Status: The Board approved the following:

FY 2017 Adopted Budget: $2.5 million reserve for jail reform and oversight.
June 5, 2018, the Board approved an amendment with Sabot Consulting relating to assistance with monitoring and reporting on jail reform efforts, compliance, and policy review in the amount of $35,000.

Source Report(s): Sheriff’s Reform Plan, Blue Ribbon Commission, Civil Grand Jury, Dental Gap Analysis - Shulman, Healthcare Gap Analysis - Wilcox, Zisser

Responsible Department(s): Sheriff’s Office, Custody Health Services

Master List Nos.: 5, 404, 516, 521, 527, 534, 536, 561, 602-604, 606

Review Date: FGOC reviewed on September 30, 2016.

External Oversight, Reporting, and Organizational Accountability (OVR)

As of April 1, 2024

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