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65A - UPDATE ICE CONTRACT
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12/06/2016
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65A - UPDATE ICE CONTRACT
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12/1/2016 5:01:22 PM
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12/1/2016 4:49:54 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
65A
Date
12/6/2016
Destruction Year
2021
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Update on the Immigration and Customs Enforcement Contract <br />for Detainee Services and the Santa Ana Jail and Options for Expedited Phase Out <br />December 6, 2016 <br />Page 2 <br />In an effort to control operating costs, the Jail administrators continually monitors staffing costs <br />related to the Jail housing operation. This includes managing full-time vacancies, mandatory <br />overtime, and the hiring of part-time staff in-lieu of full-time staff. Accordingly, the Executive <br />Director of Personnel Services Agency proposed an early retirement incentive for Jail related <br />personnel to the POA in July 2016. The incentive is for $1,000 for each year of service, up to 20 <br />years. Staff suggests that the total amount of the incentive should be capped at $100,000. Follow <br />up discussions have occurred with the POA but to date no agreement has been reached. One of <br />the recommended actions is to provide direction to staff to continue negotiating such incentives. <br />In 2010, the Santa Ana Jail had 86 Correctional Officers; currently, there are 70 budgeted <br />Correctional Officers (67 currently filled), a difference of 19 full-time positions. The annual cost <br />savings of these 19 Correctional Officers is $2,171,320. The last full-time Correctional Officer was <br />hired in December 2010. In December 2014, the Police Department began the hiring of part-time <br />Correctional Service Officers (CSO's) to reduce full-time staffing levels at the Santa Ana Jail facility <br />as part of the agreement with the POA and authorized by the City Council. On-going part-time <br />CSO recruitment efforts have yielded 19 of the 32 budgeted CSO positions. While part-time CSO <br />staff fill some vacancies, recent Correctional Officer retirements and separations have left <br />insufficient numbers to operate the facility without the use of mandatory overtime and facility <br />lockdowns. Mandatory overtime has been in practice for over 10 years. <br />On February 2, 2016, approximately 239 detainees (or the equivalent of 65% of the jail population) <br />were from ICE. A more recent population count on November 30, 2016 of 151 detainees <br />demonstrates that the City's efforts to phase out the ICE contract is providing results. <br />In accordance with Council direction on May 17, 2016, the Police Department is proposing to close <br />Jail housing module 413, which currently has 38 ICE detainees assigned. This module currently <br />costs $792,607 to operate and generates $1,456,350 in annual revenue, resulting in a net revenue <br />amount of $663,743 after operating expenses. <br />Upon direction from the City Council, staff would notify ICE that the City would need to establish a <br />new maximum capacity of 128 detainees, inclusive of the 64 bed minimum guarantee for the <br />transgender module. The City believes that it has the authority under the agreement to determine <br />that operational needs have changed; therefore, has decided that bed space availability must be <br />reduced. ICE may argue that the agreement does not allow the City's unilateral decision to reduce <br />capacity, but staff believes that this action would be consistent with the City Council direction to <br />phase out the ICE agreement altogether in the future. In any event, should there be disagreement, <br />both the city and ICE have the right to terminate the agreement without cause by providing a 90- <br />day notice to the other party, <br />The Police Department anticipates an additional five Correctional Officer retirements in 2017. As <br />the number of full-time Correctional Officers decreases, the Police Department will be able to <br />65A-2 <br />
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