Santa Clara County Municipal Code Ch. V Office of Correction and Law Enforcement Monitoring

There is in the County an Office of Correction and Law Enforcement Monitoring, hereinafter referred to in this Chapter as the Office.

This Office is established, in part, in response to the findings of the 2015 Blue Ribbon Commission on Improving Custody Operations, which identified a lack of accountability in the County jails and recommended independent monitoring as a means of increasing fairness and transparency. The establishment of the Office also reflects extensive efforts by the Board of Supervisors and County departments to reform the County's law enforcement and jail operations, reduce recidivism, and enhance public safety. It is the intent of the Board that the Office will assist in the County's efforts to reimagine the culture and operations of the jails, as well as the Sheriff's law enforcement operations, to better align those services with the County's ongoing public safety reform efforts.

The ultimate outcomes the County seeks to achieve are increased public safety and reduced recidivism rates, and respect for the dignity of all people, including staff and inmates. These outcomes require a jail and law enforcement system that is transparent and accountable; that is committed to continuous improvement of custody conditions, reentry and diversion programs, and policing practices; that promotes the health and safety of inmates, community members, and law enforcement/corrections personnel; and that protects the rights of inmates and others in a manner that exceeds the requirements of state and federal law.

Through its monitoring and reporting functions, the Office will help foster transparency and accountability; identify unmet needs and service gaps; encourage timely and serious consideration of complaints; and provide independent review of serious incidents involving County personnel. Through its research and policy recommendation functions, the Office will continuously and proactively recommend improvements in custody and law enforcement practices, policies, and services; update the Sheriff's Office, Department of Correction, and other relevant departments on developments in best practices; and identify trends that require changes in policy or practice. It is the intent of the Board that these functions will assist the Sheriff's Office, Department of Correction, and all other relevant County departments in achieving and maintaining a culture and level of services that align with County values and will further the County's commitment to increasing public safety, facilitating diversion and reentry, and reducing recidivism.

The establishment of the Office does not change any reporting structures, and the Office shall not exercise administrative oversight or authority, or otherwise manage or direct operations of any department or entity subject to its monitoring.

(Ord. No. NS-300.923, § 1, 4-3-18)

(a) The Board shall contract with an independent entity, referred to herein as the Monitor, who shall perform the functions of the Office as an independent contractor. The relationship between the Monitor and the County shall be solely contractual; under no circumstances shall the Monitor be treated as an employee of the County.

(b) The Board shall set the terms and conditions of the Monitor's engagement, including duration and termination, by contract.

(c) The contract shall set terms and conditions for the sharing of confidential County information with the Monitor and its staff and for the preservation of confidentiality.

(Ord. No. NS-300.923, § 1, 4-3-18)

(a) Consistent with the Board of Supervisors' authority to supervise the official conduct of the Sheriff and Chief of Correction under Government Code § 25303, the Office is created to promote the common interest of the Board of Supervisors and the Sheriff in efficient, lawful, and effective policing, and to facilitate the Board of Supervisors' responsibility without interfering with the Sheriff's investigative functions. The Office shall focus on matters relevant to Sheriff's Office policies and procedures and shall not interfere with criminal, personnel, and other investigations by the Sheriff.

(b) The Office shall provide independent monitoring of, and reporting about, the Sheriff's Office, the Department of Correction, and other agencies/departments related to law enforcement, jail operations, jail facilities, and the employees and contractors involved with law enforcement and jail operations, including the provision of health services in the jails, as set forth in this Chapter.

(c) To the maximum extent allowed by law, the Office shall be responsible for:

(1) Monitoring the Sheriff's Office and Department of Correction's jail and law enforcement operations, the conditions of confinement in the jails, the provision of health services in the jails, the use of force in the jails and in law enforcement operations, compliance with civil rights laws, and the Sheriff's Office and Department of Correction's response to inmate and public complaints related to law enforcement, jail operations, or conditions of confinement, including the provision of services to inmates and the conduct of employees, contractors, volunteers, and others who provide such services.

(2) Monitoring that includes matters relevant to Custody Health Services policies and procedures, as well as policies of Santa Clara Valley Healthcare and the Behavioral Health Services Department, that directly affect the medical and behavioral assessment and treatment of inmates. Such monitoring may also include examination of the timeliness of all business operations that have a direct impact on the operations of the jails provided by other County departments.

(3) Consistent with Government Code section 25303, reviewing and making recommendations regarding policies and best practices of the Office of the District Attorney and the Office of the Public Defender that have an impact on jail or law enforcement operations. Such monitoring may include, but is not limited to, the effect of District Attorney and Public Defender policies and practices on the timeliness of criminal proceedings and the population of the jails. At no time shall the Office interfere with the independent investigatory or prosecutorial authority of the District Attorney or the duties of the Public Defender imposed by the rules of professional conduct.

(4) Regularly conducting research and making policy recommendations to the Board of Supervisors, the Sheriff, and the County Executive as determined by a Board-approved work plan.

(5) Periodically reviewing the Sheriff's Office and Department of Correction's use of force patterns, trends, and statistics, the Sheriff's investigations of use of force incidents and allegations of misconduct, and the Sheriff's Office and Department of Correction's disciplinary decisions. As it pertains to uniformed personnel, the Office shall monitor and review investigations of incidents involving, but not limited to: any shooting involving uniformed personnel, whether duty-related or not; any in-custody death; any duty-related incident during which, or as a result of which, a person dies or suffers serious bodily injury; any incident, whether or not duty-related, in which uniformed personnel are under investigation for, or charged with, homicide, assault, kidnapping, or unlawful sexual behavior; or any incident, whether duty-related or not, in which uniformed personnel are under investigation for, or are charged by any jurisdiction with, a crime or violation in which a use of force or threatened use of force is an element of the offense.

(6) As it pertains to Custody Health Services, the Office shall monitor and review investigations of incidents involving: any in-custody death; any duty-related incident during which, or as a result of which, anyone dies or suffers serious bodily injury; or any serious neglect of inmates as it pertains to their mental and physical health.

(7) Reviewing the quality of audits and inspections conducted by the Sheriff's Office and the Department of Correction, and conducting its own periodic audits and inspections of the Sheriff's Office and the Department of Correction consistent with professional guidelines for the conduct of such audits. It is the intent of the Board that the Office should supplement, not supplant, internal auditing and monitoring conducted by the Sheriff's Office and Department of Correction.

(8) Regularly communicating with the public, the Board of Supervisors, the Sheriff's Office, the Department of Correction, the District Attorney, the Public Defender, and the County Executive regarding the operations of the Sheriff's Office and the Department of Correction. The Office shall make regular, public reports to each of these entities.

(9) Investigating specific incidents involving Sheriff's Office and Department of Correction personnel when requested by, or with the authorization of, the Sheriff or the Chief of Correction.

(10) Investigating specific incidents involving Custody Health Services consistent with the Board-approved work plan when requested by the Board or the County Executive.

(Ord. No. NS-300.923, § 1, 4-3-18; Ord. No. NS-300.968, § 18, 12-6-22)

(a) The Sheriff's Office, the Department of Correction, Custody Health Services, and all other County agencies/departments shall cooperate with the Office and promptly supply information or records requested by the Office, including, to the extent permitted by law, confidential peace officer personnel records, inmate medical and mental health records, and related records as necessary for the Office to carry out its duties.

(b) The Office shall establish written protocols with the Sheriff's Office, the Department of Correction, and the County Executive to maintain, access, and disclose confidential information under this Chapter. The written protocols shall be reviewed and approved by County Counsel.

(c) It is the intent of the Board of Supervisors that the Office shall have access to information and cooperation from County departments under this section to the greatest extent permitted by law. The Office may request assistance in the performance of its duties from other County agencies/departments or functions, including but not limited to, the Board's contract management auditor, the County's Internal Audit Division, the Whistleblower Program, and the Jail Observer Program.

(d) Pursuant to Government Code sections 25303.7 and 53060.4, the Office may issue a subpoena or subpoena duces tecum to the Sheriff, or to any officer or employee appointed by the Sheriff, when necessary to obtain information lawfully accessible by the Office and required for the performance of tasks set forth in its Board-approved work plan or otherwise approved by the Board. Prior to issuing any subpoena, the Office shall make good faith efforts to obtain the required information on a voluntary basis, consistent with paragraphs (a) through (c) of this Section, and shall consider reasonable alternatives proposed by the Sheriff. If, after such efforts, the Office deems it necessary to issue a subpoena to obtain required information and enforce the provisions of this Chapter, it may prepare a subpoena, with the advice and approval of County Counsel, in accordance with Code of Civil Procedure sections 1985 to 1985.4. Any such subpoena shall be served and enforced as provided in Government Code section 25303.7.

(Ord. No. NS-300.923, § 1, 4-3-18; Ord. No. NS-300.946, § 1, 12-15-20)

(a) The confidentiality of peace officer personnel records, inmate medical and mental health records, other protected health information of inmates, and all other privileged or confidential information received by the Office in connection with the discharge of its duties shall be safeguarded and maintained by the Office as required by law, including the Public Safety Officers Procedural Bill of Rights Act (Government Code § 3300 et seq.), and as necessary to maintain any applicable privileges or the confidentiality of the information.

(b) The County Counsel shall work with the Office to establish a process that enables the sharing of confidential information with appropriate County officials and entities in accordance with applicable law, when it is determined by the Office that there is a need to share such information. Except as otherwise required by law or provided in the contract with the Monitor, the Office shall not disclose to any non-County entity any confidential information.

(Ord. No. NS-300.923, § 1, 4-3-18)

(a) The Office shall not have any supervisory, administrative, managerial, operational, or other authority over the functions or personnel in any of the departments or entities that are the subject of its monitoring. In addition, at no time shall the Office interfere with the independent constitutional and statutory authority of the Sheriff, including the Sheriff's investigative functions. Notwithstanding any provision of this Chapter to the contrary, all provisions of this Chapter shall be interpreted to be consistent with this subsection and all applicable federal, state, and local laws, including the Charter, governing such conduct, including provisions regarding the confidentiality of peace officer and health records.

(b) Complaints received by the Office relating to specific conduct of peace officers shall be referred, with the permission of the complainant (unless such complaint is anonymous), to the Sheriff's Office and/or Department of Correction for action pursuant to Penal Code § 832.5. Complaints received by the Office relating to specific conduct of Custody Health Services staff shall be referred, with permission of the complainant (unless such complaint is anonymous), to Custody Health Services for action.

(c) The Office shall accept anonymous complaints and shall consider all such complaints in evaluating policies and practices, developing recommendations, and making reports under this Chapter. The Office shall clearly inform the public of its policies and procedures regarding anonymous complaints.

(d) This Chapter and all of its provisions are severable. Should any section, subsection, sentence, clause, phrase, or word of this Chapter be declared by a court to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof, other than the portion declared to be unconstitutional or invalid.

(Ord. No. NS-300.923, § 1, 4-3-18)