Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Contra Costa Sheriff announces findings in ICE detention complaints investigation

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Sheriff David Livingston, center, speaks with Congressman Mark DeSaulnier (to his left) and staff during a tour of the West County Detention Facility in Richmond on Monday, Nov. 27, 2017. Herald file photo.

Refutes claims made by illegal alien female inmates against West County Detention Facility

The West County Detention Facility in Richmond. Herald file photo

The Office of the Sheriff has completed its investigation into complaints raised by several Immigration & Customs Enforcement (ICE) female detainees at the West County Detention Facility (WCDF) in Richmond, California. The complaints were first reported in a local newspaper. The Sheriff’s Office immediately launched an investigation. Investigators interviewed 110 witnesses, with audio recordings and translators where necessary, and viewed hundreds of hours of video surveillance recordings. They also examined log books, computer entries and other evidence. (See related article)

The investigation found that nearly all of the complaints were unfounded and unsubstantiated. Claims of being “locked down” for 23 hours a day were false. The most time any ICE detainee was confined to their dormitory room was one hour and 24 minutes. These “lock downs” are commonly done for facility counts or for administrative reasons. At WCDF the detainees have keys to their rooms and free use of common bathroom facilities.

In one example, the person who complained in the article of being confined to her room for 23 hours was in fact confined for several days in a room with a full toilet and sink. She was confined in such a manner for disciplinary purposes after she assaulted another detainee.

Sheriff David O. Livingston. From CCCSheriff website.

Regarding the use of “red” biohazard bags for toilet needs, there was no evidence that any detainee was forced to use the bags in that manner. In very few cases detainees did use the bags for that purpose in violation of policy. Biohazard bag distribution is now limited to those detainees who are ill or have other medical needs. All inmates are free to use the bathrooms at any time, and even during “lock down” periods of approximately one hour, by notifying a Deputy Sheriff by using the call button in their rooms.

There were two complaints alleging limited access to healthcare that also appear to be unfounded based on detainee interviews. However, Contra Costa Health Services will be reviewing those specific complaints.

“Consistent with independent ICE inspections, we found that the alleged policy violations were largely unfounded,” said Sheriff David Livingston. “In fact, many detainees told us they are well treated at the West County Detention Facility.”

Sheriff Livingston added, “Some issues were identified, such as the use of profanity by a staff member or the quicker replacement of detainees’ room keys when they are lost or damaged. We will use this opportunity to improve wherever we can.”

The investigation will now be provided to the California Attorney General as Sheriff Livingston promised he would do.

Supervisors designate West County Detention Facility future expansion as mental health treatment facility

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The rendering of the white topped buildings shows the future expansion of the West Contra Costa Detention Facility, approved earlier this year.

Treatment will include administering psychotropic medications

By Daniel Borsuk

Unlike six months ago when Contra Costa County supervisors faced the rage of protestors opposed to the $95 million expansion of the West County Detention Facility in Richmond, supervisors approved without a whimper of protest a request by the Sheriff-Coroner David Livingston and Health Services Director Robert Walker to designate the expanded detention facility as a mental health treatment facility.

The item at Tuesday’s board of supervisors meeting was a consent item and did not draw either citizen or supervisor comment.

Supervisors unanimously approved the item.

That action was in sharp contrast to the time supervisors faced nearly 70 protestors opposed to Sheriff-Coroner Livingston’s proposal to expand the jail.  Supervisors voted 4-1 to approve the sheriff’s proposal at that time with Supervisor John Gioia of Richmond casting the lone dissenting vote.

In Tuesday’s vote, supervisors were complying with their action taken in June by designating the West County Detention Facility and the future West County Reentry, Treatment, and Housing Facility as mental health treatment facilities in accordance with California Penal Code Section 1369.1.  This will permit sheriff deputies or detention facility wards to administer psychotropic medications to persons in county custody who have been adjudged incompetent to stand trial due to mental disorder, refuse to take psychotropic medications and are unable to provide informed consent as recommended by the Health Services Director Dr. William Walker and Sheriff-Coroner Livingston.

“We have to be prepared to take all that comes regardless of their mental state, “said Sheriff-Coroner Livingston in June.  “I don’t have a choice.”

“Without medication, symptoms such as increased aggression, self-destructive acts, and severe behavior outbursts can jeopardize the safety of the inmate-patient, the other inmates, and the detention facility staff,” Dr. Walker and Sheriff Livingston jointly wrote in a memo to the supervisors.  “The Health Services Department, and the Office of the Sheriff remain committed to transferring individuals to treatment facilities in a timely manner.  These facilities, however, are crowded and have long waiting lists. The recommended extension of this designation to the West County detention facilities can help the county cope with the effect of delays beyond the county’s control.”

County Zoning for Solar Energy Generating Facilities Gets Green Light

Supervisors unanimously adopted a zoning ordinance that will pave the way for commercial solar energy generating facilities primarily built by Marin Clean Energy (MCE), which this year inked contracts with county supervisors and city councilmembers of 13 municipalities to be their clean energy options commencing in 2018.

County planning officials presented a map and an ordinance that allows commercial solar energy generating facilities in industrial and commercial zoning districts in unincorporated portions of the county.  Areas of the county’s northern waterfront stretching generally from Richmond to Bay Point were designated for the zoning designations.  There were no speakers in opposition or in favor of the zoning proposal, but supervisors did receive a Nov. 12 letter addressed to the county planning commission from Howdy Godey of El Cerrito encouraging planning commissioners to approve the zoning proposal.

“I enthusiastically support the adoption of general plan zoning amendments regarding solar generation facilities.” he wrote. “These actions will support the Contra Costa County Climate Action Plan (2015) by providing opportunities to build solar generation facilities that will lower greenhouse gas emissions associated with electric power generation.”

In addition to the county, the city councils of Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Pinole, Pittsburg, Richmond, San Ramon, and Walnut Creek have signed contracts with MCE to serve as their clean energy option contractors.

In a related planning issue, supervisors directed Conservation and Development Department officials to budget up to $7 million to update the county’s General Plan that will require an update by 2020.  Supervisors also instructed department officials to budget $1.5 million to bring the county’s zoning code into the 21st Century.  The zoning code has not been updated since 1947 when the county had about 300,000 residents.  Today 1.2 million persons reside in the county.

Supervisors also approved as a consent item a new county library commission composition as recommended by the Library Commission and County Librarian Melinda Cervantes.  The reconstituted library commission was triggered mainly with the City of Richmond library leaving the county library system.

The new library commission composition will consist of 29 commissioners.  Supervisors must select a representative to serve on the library commission that represents the Contra Costa Central Labor Council, the Contra Costa Community College District, the East Bay Leadership Council, the Contra Costa Friends Council and the Contra Costa County Office of Education.  Library commissioners will serve four-year terms and serve in an advisory role to the board of supervisors and county librarian.  The library commission will meet at least quarterly and no more than six times a year.  There is no fiscal impact related to the newly reconstituted library commission.

County Sheriff alerts public to jury duty scam

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Public Notice – Jury Scam Alert

Past or prospective jurors are NEVER contacted by phone regarding failure to serve jury duty. All communication regarding failure to serve jury duty is done via U.S. mail. No court jury staff or Contra Costa County Sheriff’s staff ask past or prospective jurors to pay a fine or provide financial details including, credit card numbers, bank account, social security numbers or other personal information. Please do not provide this type of information to anyone.

If you receive a telephone call, from someone identifying himself or herself as a court employee or an employee of the Contra Costa County Sheriff’s Department regarding a failure to appear for jury service, THIS IS A SCAM. DO NOT PROVIDE ANY PERSONAL INFORMATION, OR PAY THEM ANY MONEY!

If you are contacted, please call the Jury Commissioner’s office at 925-608-1000.

Sheriff boycotts Public Protection Committee meeting on threats of $25 million loss in federal DOJ funds

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Due to state sanctuary policies, county policy to go into effect next year; response due today

By Daniel Borsuk

With neither Sheriff-Coroner David Livingston nor one of his representatives in attendance at a meeting of the Contra Costa County Board of Supervisors’ Public Protection Committee on Thursday, there was more concern as to why the sheriff wasn’t in attendance than the topic at hand:  the possibility the county could lose up to $24.7 million in federal assistance.

Representatives from the District Attorney’s Office, Public Defender’s Office, Probation, Employment and Human Services, and County Administrator were present at the committee meeting conducted by Supervisor John Gioia of Richmond and attended by Supervisor Federal Glover of Pittsburg.

Without Livingston or his representative at the committee table, supervisors and citizens serving on the committee could not get a proper read on the status of the sheriff’s policy on the arrest and detention of undocumented immigrants primarily at West County Jail, and how well deputies interface with Immigration and Customs Enforcement agents and United States Marshals.

Some $19.8 million of the $24.7 million in federal aid that the county receives from the federal government is allocated to the Sheriff-Coroner Office.  Employment and Human Services receives $1.9 million in federal aid, Probation pulls in $1.1 million, the County Administrator draws $983,971, the District Attorney gets $563,848, and the Public Defender collects $180,412.

“I am surprised and disappointed that the sheriff is not here,” said Supervisor Gioia.  “I don’t know if this has ever happened before where the sheriff has not appeared at a Public Protection Committee meeting.”

“I’m shocked and dismayed that no one from the Sheriff’s Office is here,” said Renee Zeimer representing Organizing for Contra Costa Action.  “How is the sheriff held accountable to the public?”

About four other also persons complained that the sheriff or a representative should have been in attendance at the committee meeting.

The fate of federal money that California cities and 58 counties receive will probably be decided in United States District Court on Wednesday, Dec. 13, when U.S. District Judge William Orrick is expected to rule on whether California Senate Bill 54 or “the Sanctuary State Bill” that was recently signed by Gov. Jerry Brown and goes into effect Jan. 1 conflicts with Executive Order 1373 that President Donald J. Trump inked on Jan. 25, 2017.

Executive Order 1373 assigns broad powers to the U.S. Department of Justice, Immigration and Customs Enforcement (ICE) and U.S. Marshalls to investigate, arrest, and deport undocumented immigrants in order to secure the safety of the interior of the nation.  The executive order also gives the DOJ investigative power to determine if states, cities, and counties are in compliance with Executive Order 1373.

In Sanctuary States like California, Contra Costa County and other counties are aligning policies to conform with SB 54 unaware how Judge Orrick will rule.

When asked if the county has a Plan B should the U.S. District Court strikes down SB 54 and uphold Executive Order 1373, Supervisor Gioia remarked, “That’ll be an issue for the state and every city and county effected by SB54.”

Sheriff Receives DOJ Letter

The Sheriff-Coroner Office received on November 15 a letter from U.S. Department of Justice Acting Assistant Attorney General Alan Hansen inquiring whether the sheriff office is in conflict with Executive Order 1373 if a custody deputy does not inform ICE of the immigration status of inmates. “The department is concerned that this appears to restrict the sending or requesting of information regarding immigration status in violation of section 1373 (a) and (b),” wrote Hansen.

The letter was directed to Mary Jay Robb, the Chief for Management Services in the Sheriff’s Office.

Livingston would not respond to calls from the Herald with questions about the letter. The Sheriff’s Public Information Officer Jimmy Lee instead referred calls to County Administrator David Twa.

One program that wasn’t included in the DOJ inquiry is the Stand Together CoCo program, which the Board of Supervisors approved in September with $500,000 in state AB 109 funds to help launch the program.  The Public Defender’s Office is overseeing the program.

Twa confirmed that the DOJ letter is about the state’s sanctuary policies, not the county’s new policy that will not go into effect until next year.

County Has Until Today to Respond to DOJ

The county needs to respond to the DOJ inquiry by today, Friday, Dec. 8.

The Stand Together program will monitor ICE arrests of undocumented immigrants in the county.  The program that is also funded through private sources will have counselors visiting undocumented immigrants held at West County Jail.  The Stand Together CoCo program expects to counsel up to 180 undocumented immigrants held at the jail during the first six months of the program.  The program gets underway January 1, 2018.

County Sheriff’s Crime Lab receives grant for equipment to help with DUID cases

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Example of a Gas Chromatography Mass Spectrometry instrument. Photo by Polimerek – Own work, GFDL, https://commons.wikimedia.org/w/index.php?curid=425348

By Jimmy Lee, Director of Public Affairs, Contra Costa County Sheriff’s Office

The Contra Costa County Office of the Sheriff Forensic Services Division Crime Laboratory has received a state grant for “Improved Technology for Identification of Impairing Substances in DUID Cases”.

This $207,100 grant will fund the purchase of two new Gas Chromatography Mass Spectrometry (GCMS) instruments. These instruments will have the ability to routinely identify and quantitate compounds that are commonly encountered in driving under the influence of drugs (DUID) and drug facilitated sexual assault (DFSA) cases.

The two new GCMS instruments offer increased sensitivity and will be replacing older instrumentation within the Crime Lab. The new instruments will enable the Forensic Services Division to provide analysis in alignment with recommendations set by national organizations for DUID cases.

“The new GCMS instruments will allow the Sheriff’s Office Crime Lab to provide more comprehensive and timely results for the investigation and prosecution of DUID cases in Contra Costa County,” said Forensic Services Chief Pam Hofsass.

On January 1, 2014, changes to driving under the influence laws (Sections 23152 and 23153 of the Vehicle Code) went into effect making it unlawful for a person who is under the influence of any drug to drive a motor vehicle; this not only includes illegal narcotics and stimulants, but also some legal prescriptions, herbs, marijuana and over-the-counter drugs.

The purchase of these instruments and method validation is anticipated to take ap-proximately one year. Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Investigation continues into complaints by female ICE detainees at West County Detention Facility in Richmond

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Sheriff David Livingston, center, speaks with Congressman Mark DeSaulnier (to his left) and staff during a tour of the West County Detention Facility in Richmond on Monday, Nov. 27, 2017. Photos by CCCSheriff

Rep. DeSaulnier and staff, other officials tour facility

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

The investigation by the Contra Costa County Office of the Sheriff continues regarding complaints made by several female ICE detainees held in the West County Detention Facility (WCDF) in Richmond, California.

WCDF is a dormitory-style, program-based facility where all inmates are free to leave their rooms to go to educational and vocational programs, medical appointments or visits; the amount of free time all inmates receive exceeds state requirements.

The West County Detention Facility in Richmond.

“Although complaints such as excessive ‘lock down’ time or improper use of bio-hazard bags are extremely rare within the jail system’s 1,600 inmates and detainees, the fact that some ICE detainees have made such allegations demands a full and thorough investigation, which is well underway,” said Contra Costa County Sheriff David Livingston. “We routinely pass stringent state and federal jail inspections and are com-mitted to running safe, secure and Constitutionally compliant detention facilities.”

To date, Sheriff’s Office Internal Affairs Investigators have conducted over 110 interviews of both inmates and staff, reviewed hundreds of hours of building surveillance video, identified and inspected physical/documentary evidence (such as log books, booking information, bio-hazard red bag storage, etc.), and inspected the cells, bathrooms and open areas of the women’s dormitory.

On Monday, Nov. 27, Congressman Mark DeSaulnier, (D, CA-11), and his staff, toured WCDF and was invited to view any area he wished to visit and speak to any detainee he liked. A number of other state and local officials have also recently visited the facility.

“Congressman DeSaulnier can now publicly call for any additional investigation he wants,” said Contra Costa County Sheriff David Livingston. “However, as the political rhetoric from some around this issue continues to boil, we remain undeterred in providing professional and diligent custody services for our county inmates and federal detainees.”

The Office of the Sheriff has been in close communication with California Attorney General Xavier Becerra and his staff as it is working to complete this investigation. A.G. staff have already met with us and conducted a tour once, on November 16, 2017, and will be conducting another review at the facility soon. The Sheriff’s Office will make its investigatory materials available to the Attorney General and have asked that he review our full investigation, and findings therein, when we complete the investigation on or about December 15, 2017.

 

Sheriff’s Detectives seize 600 marijuana plants worth $450,000 from Discovery Bay home Wednesday

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Some of the 600 marijuana plants growing in a Discovery Bay home seized by Sheriff’s Detectives on Wednesday, Nov. 22, 2017. Photo courtesy of CCCSheriff

By Jimmy Lee, Public Information Officer, Contra Costa County Office of the Sheriff

Wednesday morning, November 22, 2017 Detectives from the Contra Costa County Office of the Sheriff Special Investigation Unit served a search warrant at a home on the 2000 block of Wayfarer Court in Discovery Bay. This follows an investigation into a marijuana grow-ing operation at the residence.

Detectives seized approximately 600 marijuana plants worth an estimated $450,000. No one was at the residence. The investigation is ongoing.

Anyone with any information on the case is asked to contact the Investigation Division at (925) 313-2600 or call the anonymous tip lines at (925) 313-1166 or (866) 846-3592. Tips can also be emailed to: tips@so.cccounty.us.

Marsh Creek Detention Facility holds show of over 1,500 Christmas toys made by inmates

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Some of the Marsh Creek Detention Facility inmates proudly display toys they made for children in the county. Photos by CCCSheriff

County’s collaborative program celebrates its 26th year of bringing joy to local at-risk children

By Jonathan Lance, Communications Specialist, Contra Costa County Office of Education

For the 26th straight year, a number of representatives from Contra Costa County non-profit agencies were on hand today for the annual Marsh Creek Detention Facility’s Toy Show to fulfill their at-risk children’s Christmas wish lists. The representatives were able to choose from numerous newly handcrafted toys and bicycles refurbished by the facility’s inmates. These gifts will then be given to the children who are being served by these agencies during the upcoming holidays.

All of the attendees were absolutely awestruck when walking into the Detention Center’s wood shop, which had been turned into an elaborate, colorful Santa’s Workshop. Coordinated by Contra Costa County Office of Education (CCCOE) teacher Paul Turner and with the help of some of his students, their beautiful bicycles and toys were on display among Holiday decorations. Joining the non-profit-agency representatives were Contra Costa County’s Superintendent of Schools Karen Sakata and Sheriff David Livingston, as well as numerous representatives from both agencies to celebrate this longtime partnership that benefits the community.

Both Superintendent Sakata and Sheriff Livingston spoke to the large gathering about the extremely successful partnership of the Contra Costa County Office of Education’s (CCCOE) accredited shop classes being taught in a Contra Costa County Jail. “We are so fortunate to have such a wonderful agency collaboration that creates such value to our county,” said Superintendent Sakata. “With this project, these adult students will certainly bring a brighter Holiday Season to many children throughout our community.”

Sheriff Livingston agreed about the long-standing successful partnership during his morning welcome, and thanked the many representatives with the CCCOE and the Sheriff’s Office. “This outstanding event always officially kicks off the holidays for me,” said Sheriff Livingston. During his offer of gratitude to a number of attendees, he added a special message, addressing the inmates, who were also present at the event and had recently been working on the toys and bikes, “I want to thank you gentlemen and those before you that have been working diligently on this year-long program. You’ll bring a lot of joy to our community’s kids with your woodshop skills”

Contra Costa County non-profit organizations participating in this special event included: Bay Area Housing District, Bay Area Rescue Mission, Brighter Beginnings, Contra Costa County Independent Living Skills Program, El Cerrito Rotary, Friends of Oakley, Pittsburg Police Department, Shelter Inc., The Salvation Army-Antioch Corps, Shepherd’s Gate, La Casa, and VESTIA, Inc.

This year, these organizations were able to choose from more than 1,500 handcrafted toys and 90 bicycles refurbished by inmates from the facility. These toys and bikes are being donated to children served by these organizations for the upcoming holidays. A dedicated group of Marsh Creek Detention Facility inmates have been working on this project for the past year. They have been extremely busy fixing up used bikes to look and ride like brand new, and crafting colorful and beautiful wooden toys, such as, motorcycle rocking chairs, spinning carousels, cars, doll houses, baby cradles, toy tractors, train sets, and more. All of the toy makers and/or bike mechanics are students in the Contra Costa Adult School, an accredited school directed by the Contra Costa County Office of Education (CCCOE), located within the jail facility.

ABOUT THE PROGRAM

During the 2016-17 school year, over 3,000 adult inmates (throughout the three Contra Costa detention facilities) were enrolled in classes ranging from academic programs, including basic literacy and GED or HiSET high school equivalency preparation, to vocational programs, including woodshop, construction, and state-of-the-art computer training. By the end of the school year, 37 student-inmate(s) received their high school equivalency certificate (Hi SET) and 29 received a high school diploma. In addition, there were 328 students who demonstrated learning gains in reading or math, and 317 students earned a certificate of completion in computer applications. Another course directed by the CCCOE is the DEUCE Program (Deciding, Educating, Understanding, Counseling, and Evaluation). These three-part classes (90 days) focus on substance abuse prevention. Last year, 78 students completed at least one of the three phases, and 350 students graduated from DEUCE. The parenting class teaches vital parenting skills to women and men, with 140 certificates issued last school year through the COPE: Counseling Options and Parent Education or Parenting Inside/Out programs. Three years ago, the CCCOE opened a new re-entry class at the West County Detention Facility. The re-entry class offers workforce readiness, career exploration, soft skills workshops, and a nine-week cognitive-behavior-change program called Transitions. Currently, 218 inmates are enrolled in the re-entry course. These classes help to provide education and skills needed for successful transition back into the community.

County Sheriff Training Center graduates 26 from 184th Basic Academy Class

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Photos courtesy of CCCSheriff.

 

Sheriff David Livingston congratulations one of the graduates.

From the CCC Sheriff Facebook page

The 184th Basic Academy Class of the Contra Costa County Office of the Sheriff Law Enforcement Training Center graduated on Thursday, Nov. 9th at the Lesher Center for the Arts in Walnut Creek.

The 26 graduates represent the following law enforcement agencies: California Alcoholic Beverage Control, Berkeley, Contra Costa Sheriff’s Office, Daly City, Marin County Sheriff’s Department, Pleasant Hill, Richmond, and San Pablo.

Contra Costa Sheriff David Livingston administered the oath to the Office of the Sheriff graduates following the ceremony.

Congratulations to all the graduates!

County Sheriff’s dispatchers, deputies honored with Siren Team Award for rescuing Orinda boy

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From CCC Sheriff Facebook page

Contra Costa County Office of the Sheriff dispatchers and deputy sheriffs were among those who were recognized with the Siren Team Award at the recent EMS Survivor’s Reunion in Walnut Creek. The event reunites individuals who experienced a near-fatal incident with the public safety and medical personnel who played a significant role in their survival. These personnel include 9-1-1 dispatchers, law enforcement officers, fire fighters, EMTs, paramedics, and hospital emergency department staff. The reunion celebrates the gift of life and recognizes the amazing men and women who protect it.

The incident they were honored for involved Darren Grisham, a six-year-old Orinda boy who was trapped under a vehicle after he was accidentally run over by his father, Gabriel. It happened on June 20, 2017 and Gabriel called 9-1-1, according to other news reports.

An Office of the Sheriff dispatcher took the call, sent help to the scene, and kept the parents calm. Orinda police officers were first on scene. Firefighters from the Contra Costa County Consolidated Fire Protection District (CON Fire) arrived and lifted the car off the boy. Paramedics treated the boy who was taken to Children’s Hospital Oakland by ambulance.

The boy suffered several broken bones and injuries to his head and neck. He was released from the hospital just four days later.

This was truly a team effort among the Office of the Sheriff, CON Fire, AMR, and Children’s Hospital Oakland that resulted in a successful outcome.

Allen Payton contributed to this report.