Report 2018-117 All Recommendation Responses

Report 2018-117: City and County Contracts With U.S. Immigration and Customs Enforcement: Local Governments Must Improve Oversight to Address Health and Safety Concerns and Cost Overruns (Release Date: February 2019)

Recommendation for Legislative Action

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, the Legislature should consider urgency legislation amending state law to require the cities that contract with ICE to house detainees implement oversight policies and practices that include reviewing all federal inspection reports and ensuring that private operators develop and implement timely corrective actions for any identified noncompliance; obtaining and reviewing the quality control plan for the detention facility and ensuring that the private operators implement and follow the plan; at least quarterly reviewing detainee complaints and any incident reports and following up with private operators on any pervasive or persistent problems; at least quarterly inspecting the services provided and conditions at the detention facility as allowed by the detention subcontract; and formally approving all invoices and maintaining copies of invoices and supporting documentation.

Description of Legislative Action

This recommendation is no longer necessary. AB 32 (Chapter 739, Statutes of 2019) prohibits within the State the operation of a detention facility that is operated by a private, nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a governmental entity. This provision does not apply to a private detention facility that is operating pursuant to a valid contract with a governmental entity that was in effect before January 1, 2020, for the duration of that contract. Adelanto, McFarland, and Holtville have ended their contracts with ICE and, under the provisions of AB 32, cannot enter into a new contract. Therefore, this recommendation is no longer needed.

California State Auditor's Assessment of Annual Follow-Up Status: No Longer Necessary

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 6-Month Status: No Action Taken

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation #2 To: Adelanto, City of

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, by May 1, 2019, the cities that contract with ICE to house detainees should implement oversight policies and practices for their private operators that include the following: Review all federal inspection reports and ensure that private operators develop and implement timely corrective actions for any identified noncompliance.

1-Year Agency Response

The City of Adelanto terminated its contracts with ICE and GEO. The city sent notice of termination letters to ICE and Geo on March 27, 2019 indicating the city would terminate the agreements 90 days after the date of the letter.

California State Auditor's Assessment of 1-Year Status: Resolved

Because the city has ended its contract with ICE and GEO, the recommendation is resolved.

Recommendation #3 To: Holtville, City of

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, by May 1, 2019, the cities that contract with ICE to house detainees should implement oversight policies and practices for their private operators that include reviewing all federal inspection reports and ensuring that private operators develop and implement timely corrective actions for any identified noncompliance.

60-Day Agency Response

The City had laid the groundwork to begin more extensive monitoring activity, however ICE has notified the City of the termination of our contract, effective September 21, 2019. With this turn of events, there does not seem to be a need to institute these unnecessary procedures.

California State Auditor's Assessment of 60-Day Status: Resolved

Because ICE has ended its contract with the City of Holtville, the recommendation is resolved.

Recommendation #4 To: Adelanto, City of

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, by May 1, 2019, the cities that contract with ICE to house detainees should implement oversight policies and practices for their private operators that include the following: Obtain and review the quality control plan for the detention facility and ensure that the private operators implement and follow the plan.

1-Year Agency Response

The City of Adelanto terminated its contracts with ICE and GEO. The city sent notice of termination letters to ICE and Geo on March 27, 2019 indicating the city would terminate the agreements 90 days after the date of the letter.

California State Auditor's Assessment of 1-Year Status: Resolved

Because the city has ended its contract with ICE and GEO, the recommendation is resolved.

Recommendation #5 To: Holtville, City of

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, by May 1, 2019, the cities that contract with ICE to house detainees should implement oversight policies and practices for their private operators that include obtaining and reviewing the quality control plan for the detention facility and ensuring that the private operators implement and follow the plan.

60-Day Agency Response

The City had laid the groundwork to begin more extensive monitoring activity, however ICE has notified the City of the termination of our contract, effective September 21, 2019. With this turn of events, there does not seem to be a need to institute these unnecessary procedures.

California State Auditor's Assessment of 60-Day Status: Resolved

Because ICE has ended its contract with the City of Holtville, the recommendation is resolved.

Recommendation #6 To: Adelanto, City of

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, by May 1, 2019, the cities that contract with ICE to house detainees should implement oversight policies and practices for their private operators that include the following: At least quarterly review detainee complaints and any incident reports and follow up with private operators on any pervasive or persistent problems.

1-Year Agency Response

The City of Adelanto terminated its contracts with ICE and GEO. The city sent notice of termination letters to ICE and Geo on March 27, 2019 indicating the city would terminate the agreements 90 days after the date of the letter.

California State Auditor's Assessment of 1-Year Status: Resolved

Because the city has ended its contract with ICE and GEO, the recommendation is resolved.

Recommendation #7 To: Holtville, City of

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, by May 1, 2019, the cities that contract with ICE to house detainees should implement oversight policies and practices for their private operators that, at least quarterly, review detainee complaints and any incident reports and follow up with private operators on any pervasive or persistent problems.

60-Day Agency Response

The City had laid the groundwork to begin more extensive monitoring activity, however ICE has notified the City of the termination of our contract, effective September 21, 2019. With this turn of events, there does not seem to be a need to institute these unnecessary procedures.

California State Auditor's Assessment of 60-Day Status: Resolved

Because ICE has ended its contract with the City of Holtville, the recommendation is resolved.

Recommendation #8 To: Adelanto, City of

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, by May 1, 2019, the cities that contract with ICE to house detainees should implement oversight policies and practices for their private operators that include the following: At least quarterly inspect the services provided and conditions at the detention facility as allowed by the detention subcontract.

1-Year Agency Response

The City of Adelanto terminated its contracts with ICE and GEO. The city sent notice of termination letters to ICE and Geo on March 27, 2019 indicating the city would terminate the agreements 90 days after the date of the letter.

California State Auditor's Assessment of 1-Year Status: Resolved

Because the city has ended its contract with ICE and GEO, the recommendation is resolved.

Recommendation #9 To: Holtville, City of

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, by May 1, 2019, the cities that contract with ICE to house detainees should implement oversight policies and practices for their private operators that, at least quarterly, inspect the services provided and conditions at the detention facility as allowed by the detention subcontract.

60-Day Agency Response

The City had laid the groundwork to begin more extensive monitoring activity, however ICE has notified the City of the termination of our contract, effective September 21, 2019. With this turn of events, there does not seem to be a need to institute these unnecessary procedures.

California State Auditor's Assessment of 60-Day Status: Resolved

Because ICE has ended its contract with the City of Holtville, the recommendation is resolved.

Recommendation #10 To: Adelanto, City of

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, by May 1, 2019, the cities that contract with ICE to house detainees should implement oversight policies and practices for their private operators that include the following: Formally approve all the invoices and maintain copies of invoices and supporting documentation.

1-Year Agency Response

The City of Adelanto terminated its contracts with ICE and GEO. The city sent notice of termination letters to ICE and Geo on March 27, 2019 indicating the city would terminate the agreements 90 days after the date of the letter.

California State Auditor's Assessment of 1-Year Status: Resolved

Because the city has ended its contract with ICE and GEO, the recommendation is resolved.

Recommendation #11 To: Holtville, City of

To ensure that significant health and safety problems are avoided, minimized, or at the very least addressed promptly, by May 1, 2019, the cities that contract with ICE to house detainees should implement oversight policies and practices for their private operators that include formally approving all the invoices and maintaining copies of invoices and supporting documentation.

60-Day Agency Response

The City had laid the groundwork to begin more extensive monitoring activity, however ICE has notified the City of the termination of our contract, effective September 21, 2019. With this turn of events, there does not seem to be a need to institute these unnecessary procedures.

California State Auditor's Assessment of 60-Day Status: Resolved

Because ICE has ended its contract with the City of Holtville, the recommendation is resolved.

Recommendation #12 To: Orange County Sheriff's Department

To ensure that it does not unnecessarily spend county funds to house ICE detainees, Orange County officials should renegotiate its contract per-diem rate with ICE as soon as possible, and at least before renewing the contract in 2020, arrive at an amount that covers all of the county's allowable costs for housing ICE detainees.

60-Day Agency Response

Renegotiation of the contract per-diem rate with ICE is not viable since we have decided to cancel the ICE contract effective August 1, 2019. Notice of contract cancellation was sent to Immigration and Customs Enforcement on March 27, 2019.

California State Auditor's Assessment of 60-Day Status: Resolved

Because Orange County has ended its contract with ICE for housing detainees, the recommendation no longer applies.

Recommendation #13 To: Orange County Sheriff's Department

To ensure that it does not unnecessarily spend county funds to house ICE detainees, Orange County officials should annually analyze the cost of housing detainees compared with the payments it receives from ICE for doing so, and if necessary renegotiate its contract to ensure that contract revenues at least meet the county's costs.

60-Day Agency Response

The county will not continue contracting with ICE beyond August 1, 2019.

California State Auditor's Assessment of 60-Day Status: Resolved

Because Orange County has ended its contract with ICE for housing detainees, the recommendation no longer applies.

Recommendation #14 To: Yolo County Probation Department

To ensure that it receives adequate funding to pay for the costs of housing unaccompanied children for Refugee Resettlement, Yolo County should identify all allowable costs and include them in its future budget requests to Refugee Resettlement.

60-Day Agency Response

In November 2018, Yolo County re-engaged in discussions with ORR to request full funding for activities related to this program. We submitted the 2019/2020 budget request to Office of Refugee Resettlement (ORR), to operate the program for the period of February 1, 2019 to January 31, 2020. We have prepared a budget that includes costs for clinical and security staffing, programming services, medical care, education, and unforeseen public safety expenses, such as involvement from other local law enforcement offices. In addition, we have increased our program budget for travel, supply costs, equipment, and incentives and food for youth. Further, we have also increased the allowance amount for administrative and indirect costs. The budget request is nearly $3.8 million above the original 17/18 levels, and we believe that it is a fair representation of the funding we need to carry out the programming according to best practice standards and to fully recover all costs associated with the program. The ORR program staff has approved our budget and we are operating under this newly increased amount.

Yolo County is committed to ensuring its agreement with ORR is cost neutral. Yolo County will closely monitor expenditures to ensure cost neutrality. If at any time overall contract expenditures are estimated to exceed available funding Yolo County will seek a budget augmentation from ORR.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

Recommendation for Legislative Action

To provide additional transparency regarding the use of community care facilities and juvenile detention facilities that house unaccompanied children in California, the Legislature should consider requiring Social Services to report to it by March 31 of each year the number of community care facilities, including foster family homes, that house unaccompanied children. Social Services should also report the total number of unaccompanied children and the ranges of the duration of their stays at those facilities. Additionally, it should consider requiring Yolo County to report the total number and ranges of the duration of stay of unaccompanied children at the Yolo County Juvenile Facility.

Description of Legislative Action

As of February 25, 2021, the Legislature has not taken any action in the 2021-22 Legislative Session to address this specific recommendation.

California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 6-Month Status: No Action Taken

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation #16 To: State and Community Corrections, Board of

Community Corrections should inspect all areas of local detention facilities, including areas that are used to house ICE detainees and report any instances of noncompliance in those areas.

6-Month Agency Response

The BSCC will inspect all areas of all local detention facilities during biennial inspections, including those areas that house ICE detainees. Results of these inspections, including instances of noncompliance, will be contained in the facility inspection report. Inspection reports will be published on the BSCC website once complete.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

We reviewed the inspection report for the last remaining county jail that has a contract to house ICE detainees and that inspection covered all areas of the facility - it did not exclude areas used to hold ICE detainees.

60-Day Agency Response

The BSCC will inspect all areas of all local detention facilities during biennial inspections, including those areas that house ICE detainees. Results of these inspections, including instances of noncompliance, will be contained in the facility inspection report. Inspection reports will be published on the BSCC website once complete.

California State Auditor's Assessment of 60-Day Status: Pending

We will review Community Corrections' inspection reports published on its website to verify that the inspection included areas that house ICE detainees.

All Recommendations in 2018-117

Agency responses received are posted verbatim.