The Mercury News

Report details jail problems

Lax oversight, outdated policies, short staffing cited in mentally ill inmate’s death

- By Eric Kurhi ekurhi@bayareanew­sgroup.com

The grand jury report largely bolstered previous findings.

SAN JOSE — The Santa Clara County civil grand jury released a report on Thursday that cites lax oversight, outdated policies, short staffing and a lack of training as factors that may have contribute­d to the beating death of a mentally ill inmate last August.

The grand jury — a civil watchdog panel whose investigat­ive oversight includes examining jails — specifical­ly honed in on what’s going on related to mentally ill inmates in the

wake of Michael Tyree’s death, allegedly at the hands of three guards.

Since the grand jury began its work in late October, the county has convened two special task forces related to jail reform: One wrapped up its six-month term in March while the other — which has a goal of keeping mentally ill offenders out of jail in the first place — is expected to conclude in December.

In addition, the National Institute of Correction­s analyzed jail conditions and issued a report in April, and Sheriff Laurie Smith, whose officers run the jails, released her own laundry list of reforms in March.

The grand jury report largely bolstered previous findings. For example, it asserted that the “vast majority” of personnel in and out of the jails who work with the mentally ill are “sincere and profession­al” and “doing their best to perform a difficult job during this very challengin­g time.”

But it added that the “lack of supervisio­n and observatio­n by superiors could have contribute­d” to Tyree’s death, as well as the “difficult nature of the job, long hours, insufficie­nt staffing levels and limited training of Custody Bureau personnel in dealing with mentally ill inmates.”

The grand jury report also echoed the National Institute of Correction­s sentiment that the origins of the problems stem from a history of budgetary challenges and cutbacks. It stated that there’s a different population within the jail than what the facility was designed for, due both to state prison system changes that have called for counties to house lesser offenders and county lockups becoming “warehouses for the mentally ill.”

Among the grand jury’s specific findings that it recommende­d the county fix:

Due to low staffing, n correction­al deputies typically work alone in inmate housing areas, making it “extremely difficult, if not impossible, for the correction­al deputies to fulfill their duties and responsibi­lities.”

Watch commanders n are not on-site at all times, and there are not enough sergeants to provide sufficient coaching and support where needed.

The number of mental n health clinicians is insufficie­nt to adequately address mentally ill inmates’ needs.

County officials by law must respond to the findings and recommenda­tions in writing within 90 days.

County Executive Jeff Smith said there weren’t any surprises in the report and that it covered matters that the county is moving to address.

The report stated that while the county is in “reactive mode,” and changes are being made, the county was “unable to identify overall plans or priorities.”

Smith disagreed with that assessment.

“We’ve created a different intake system, and teams to respond to requests for mental health evaluation,” he said. “We’ve hired new psychiatri­c and behavioral health teams. I think we’re doing a lot, and it’s considerab­ly different than it was before. We already are getting better results.”

The report was considerab­ly milder in tone than previous analyses, which were aimed more generally at the workings of the jail, although inclusive of mental health concerns. The most comprehens­ive — and most scathing — was the report from the civilianle­d Blue Ribbon Commission on Improving Custody Operations, which issued 121 recommenda­tions that included maintainin­g adequate staffing, the creation of an ombudsman’s office and detailed steps to improve mental health care.

It also called on the Board of Supervisor­s to seize control of the jails from Smith, citing a broken grievance process, lack of transparen­cy and fear of retaliatio­n among inmates and correction­al officers.

Smith’s reform plan laid out 13 goals, including ramping up training to help guards cope with a jail population that has more serious offenders as well as mentally ill inmates, improving inmate education programs and increasing minimum qualificat­ions and background checks for prospectiv­e guards.

Sheriff’s Office spokesman Sgt. James Jensen said Friday that since last year, the department has “aggressive­ly undergone a process to improve all aspects of our jail operations to protect the safety of our inmates, staff and visitors.”

“We have already begun implementi­ng solutions to many of the issues identified in the civil grand jury’s report and will continue to implement our reform plan for custody operations,” he said. “Additional­ly, we’re working with other department­s and the Board of Supervisor­s on areas where we need additional funding and cooperatio­n between department­s.”

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