Crime

OIG Report Raises Concerns About Overcrowded Jails, Lack of Care

LOS ANGELES SENTINEL — The Los Angeles County Board of Supervisors postponed discussion of a report by the Office of Inspector General.

Published

5 years ago

March 5, 2019

Oakland Post

By Elizabeth Marcellino

The Los Angeles County Board of Supervisors postponed discussion of a report by the Office of Inspector General that raises concerns about overcrowded jails, poor quality of medical and mental health care for inmates and the persistence of dangerous social cliques in the Sheriff’s Department.

While none of those issues are new, the OIG report released this month highlights uncertainty about how effective Sheriff Alex Villanueva will be in tackling the problems.

One question is how cooperative the new sheriff plans to be in sharing information with the watchdog agency.

“Upon the new sheriff being elected, this office made a formal request to be notified of any action on ‘truth and reconciliation,’ the term the sheriff has used to describe his planned desire to rehire some deputies who have been fired for dishonesty or other misconduct, so that we could monitor the process. As of December 31, 2018, the Office of Inspector General has received no response,” according to the report.

The sheriff has already reinstated one deputy — a man who helped Villanueva win his post — who was terminated because of allegations of domestic violence and stalking and then lost an appeal to the Civil Service Commission.

Villanueva’s unilateral move drew harsh criticism last month from the Board of Supervisors, which asked county lawyers to figure out what recourse was available.

The sheriff, uncowed, said at the time there were a half-dozen similar cases that he planned to pursue, assuring board members they would agree with him once they heard the details.

As for secret cliques within the department, the OIG’s report took a more optimistic tack, saying Villanueva could be a catalyst for solving a decades-long problem.

“This failure has been going on for fifty years and is not the fault of any one sheriff or of the employees of the department. However, because we have a new administration, we have an opportunity to resolve the problem permanently now,” the report states. “The department should consult with deputy unions and the (Civilian Oversight Commission) and implement a policy prohibiting membership in organizations which advocate violation of laws, policy and civil rights or which conceal their nature and membership.”

Under former sheriff Jim McDonnell, the department took steps to shut down clubs in the custody division but stopped short of department-wide action, according to the OIG, which described a “centrally organized code of silence” among deputies. As evidence, it notes that despite multiple ongoing internal investigations, “this office believes that the number of deputies who have been asked to date about the membership of these groups or their nature is zero.”

The OIG report covers the period from Oct. 1 to Dec. 31, so many of its findings about use-of-force data and in-custody deaths predate Villanueva’s term, which began Dec. 3.

It offers a stark assessment of jail overcrowding.

“Our jails contain too many prisoners to be properly run by the number of staff, custody and medical, assigned to them,” the report states.

That results in an increasing use of force — though the OIG also says department data on use-of-force incidents is unreliable – inadequate inmate welfare, and breakdowns in medical and mental health care. Examples cited include chaining mentally ill individuals to benches in the Inmate Reception Center for prolonged periods of time and women inmates being forced to wear paper underwear for two months because of a mix-up in ordering supplies.

There were six inmate deaths during the three months under review.

Three involved inmates of the Twin Towers Correctional Facility, most of whom had some medical or mental health issues, and one of those three was described as a suicide. None were related to a use-of-force incident, according to the OIG, which said it was concerned about the quality of care and poor coordination between jail guards and health care personnel.

There was some good news. Deputies involved in multiple shootings have been under increased scrutiny and some have been removed from the field. In 2016, 34 percent of deputies involved in shootings had been involved in one or more previous shootings. In 2017, that ratio dropped to 19 percent and in 2018 to 3 percent. There were four deputy-involved shootings during the three months in question, three of which involved armed suspects and none of which appeared to result in a fatality.

The report also provided use-of-force data, but with so many caveats that it is hard to draw conclusions beyond the report’s statement that incidents are on the rise. However, the OIG and court monitors have previously said that the kind of bone-breaking violence seen during Sheriff Lee Baca’s tenure and leading to lawsuits and federal oversight is now a very rare occurrence.

Villanueva has reported dramatic increases in the use of force as well as inmate attacks on deputies to challenge the success of reforms instituted by McDonnell. The OIG and others have challenged the accuracy of that data and raised concerns that the numbers will be used to justify rolling back changes.

This article originally appeared in the Los Angeles Sentinel.

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California Black Media

Commentary: Finding the Right Balance — Addressing Organized Retail Theft While Upholding Civil Liberties

Organized retail theft is a significant issue that impacts both consumers and businesses. While it is crucial to address theft and protect businesses from losses, we should also be mindful of safeguarding individuals’ constitutional rights, particularly the right to due process. AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld.

Published

23 hours ago

April 17, 2024

Oakland Post

Assemblymember Tina McKinnor (D-Inglewood)

By Assemblymember Tina McKinnor | Special to California Black Media Partners

AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld. This bill allows law enforcement officers to make warrantless arrests for shoplifting offenses not witnessed by the officer, as long as there is reasonable cause to believe the individual committed the crime. This bill has a dangerous potential for overreach and infringes on civil liberties, particularly the right to due process.

While the stated intention behind the STOP Act is to combat organized retail theft and protect businesses, there are valid concerns that this bill is an overreach and that existing law works, if properly enforced by our partners in law enforcement. A petty theft involving property stolen valued at $950 or less may be charged as a felony or misdemeanor (called a wobbler) if the offender has the following prior convictions:  1) at least on prior petty or theft-related conviction for which a term of imprisonment was served, and 2) a prior conviction for a serious or violent offense, for any registerable sex offense, or for embezzlement from a dependent adult or anyone over the age of 65.  A misdemeanor can result in a sentence of up to one year in jail, whereas a felon can mean incarceration for 16 months, two years or three years.  Let’s look at shoplifting in California.  It occurs when a suspect enters a store, while that establishment is open, intending to steal property worth less than $950.  The crime is considered a misdemeanor, punishable by up to six months in the county jail.

Granting officers the authority to arrest individuals based on reasonable cause, without witnessing the crime firsthand, can lead to negative consequences and possible violations of individual rights. Probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for the courts to issue a search warrant. A grand jury uses the probable cause standard to determine whether or not to issue a criminal indictment.  The principle behind the probable cause standard is to limit the power of authorities to conduct unlawful search and seizure of a person or its property, and to promote formal, forensic procedures for gathering lawful evidence for the prosecution of the arrested criminal.  Reasonable cause does not require any of this due process and only requires that an officer reasonably believes that a crime has been committed. It is essential to find a middle ground that effectively addresses organized retail theft without compromising the fundamental rights of individuals.

California’s current laws, including the use of witness statements and surveillance evidence are sufficient for addressing suspected shoplifting and organized retail theft. California Attorney General Rob Bonta recently prosecuted Michelle Mack, a suspected organized smash and grab ringleader who paid twelve women to travel around California and commit over $8 million in retail theft at 21 different stores. AG Bonta used California’s current laws to have the suspect arrested and brought to justice.

The State of California is also making significant investments to address retail theft. Just this past year California invested an additional $267 million to combat organized retail theft. It has been less than a year and our law enforcement partners should have the opportunity to address this recent spike in retail theft crime.

Los Angeles County recently applied for and received a grant for the State of California for $15.6 million dollars to address retail theft enforcement.  LA District Attorney George Gascon also recently formed an organized retail task force that partners with LA County Sheriff’s Department, Glendale, Beverly Hills, Burbank, Torrance and Santa Monica Police Departments to integrate their response to retail theft across the region. These collaborative efforts, such as those seen in initiatives like the organized retail task force in LA County, demonstrate the importance of a united approach to tackling theft while maintaining a balance between enforcement and civil liberties.

As we move forward, it is essential for policymakers, law enforcement agencies, businesses and communities to work together in finding solutions that effectively address organized retail theft without encroaching on individual rights. Ongoing evaluation and a commitment to thoughtful consideration will be crucial in navigating this challenge and fostering a safe and prosperous environment for all. Balancing the scales of justice to protect businesses while upholding civil liberties demands a comprehensive and conscientious approach from all stakeholders involved.

I am confident we can find that balance.

About the Author

Assemblymember Tina McKinnor (D-Inglewood) represents the 61^st District in Los Angeles County, which includes parts of the South Bay, Inglewood, Hawthorne and Lawndale.