Report 2018-117 Recommendations

When an audit is completed and a report is issued, auditees must provide the State Auditor with information regarding their progress in implementing recommendations from our reports at three intervals from the release of the report: 60 days, six months, and one year. Additionally, Senate Bill 1452 (Chapter 452, Statutes of 2006), requires auditees who have not implemented recommendations after one year, to report to us and to the Legislature why they have not implemented them or to state when they intend to implement them. Below, is a listing of each recommendation the State Auditor made in the report referenced and a link to the most recent response from the auditee addressing their progress in implementing the recommendation and the State Auditor's assessment of auditee's response based on our review of the supporting documentation.

Recommendations in 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)

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Recommendations to Adelanto, City of
Number Recommendation Status
2

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.

Resolved
4

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.

Resolved
6

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.

Resolved
8

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.

Resolved
10

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.

Resolved
Recommendations to Holtville, City of
Number Recommendation Status
3

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.

Resolved
5

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.

Resolved
7

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.

Resolved
9

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.

Resolved
11

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.

Resolved
Recommendations to Legislature
Number Recommendation Status
1

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.

No Action Taken
15

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.

No Action Taken
Recommendations to Orange County Sheriff's Department
Number Recommendation Status
12

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.

Resolved
13

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.

Resolved
Recommendations to State and Community Corrections, Board of
Number Recommendation Status
16

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.

Fully Implemented
Recommendations to Yolo County Probation Department
Number Recommendation Status
14

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.

Fully Implemented


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