Proposal to expand CLERB oversight

Statement from Sheriff Kelly A. Martinez

The Dec. 10 board action seeking to expand the San Diego County Citizens' Law Enforcement Review Board's (CLERB) oversight abilities is something CLERB has been insisting upon for years.

CLERB is citing the 2022 State Audit Report to justify this request, along with the belief that they don't have a complete picture if they can't investigate medical staff and contractors. CLERB has also suggested that the Sheriff's Office will not implement their recommendations.

I have taken every recommendation seriously and weighed each as it applies to the law, operational ability and best practices. As to the State Audit, we have adopted those recommendations and implemented all that we can, with final implementation requiring infrastructure changes we are unable to complete.

I know that there is a movement to abolish all jails. I believe much of the requested oversight and criticisms of our system are spurred by this movement. There is an active narrative that we are not making changes or improving our system. This is a false narrative.

We cannot have safe communities without jails. There must be a place to remove dangerous individuals from being able to prey on our communities. There must be a place where we can hold someone who has caused harm, will continue to cause harm, or refuses to comply with their orders to appear in court. Furthermore, our society wants people who commit crimes to be held accountable. For these reasons, there are jails.

The responsibility of the Sheriff is to manage detention facilities. I take this responsibility seriously. When I took the oath of office, I committed to improving our jails.

Since day one of my administration, I have been implementing unprecedented changes in our jail system and the level of care provided in our facilities. Until we ensure the dignity and safety of every person in our care every day, our mission is incomplete.

There is unprecedented oversight of jail personnel and contracted healthcare workers. Deputies are held to the highest standard in California's history. Medical and mental healthcare professionals have professional standards and review boards that are among the most stringent. We have policies and procedures, as well as state and federal laws, that hold us all accountable.

Adding to this already burdensome oversight will not serve to make the jails safer; it will make it more difficult to hire staff and contract with high-quality healthcare workers and outside providers.

The San Diego County Sheriff’s Office provides comprehensive law enforcement services, including operating detention facilities. Part of these services include extensive contracting with providers for care not available through county employees. Our contracts with third-party providers for medical and behavioral health services are crucial to the well-being of people in custody.

I welcome oversight as part of public trust and transparency. However, burdensome oversight challenges, including potential civil and criminal liability, can strain partnerships with these providers. Contractors may choose to cancel their agreements or raise rates in response to heightened scrutiny or legal risks. Such developments can significantly impact my ability to maintain the level of care necessary for the incarcerated population and the standard of service that I must constitutionally provide.

There is no harder working team who is applying innovative technologies and practices than the San Diego Sheriff's Office staff, who approach each day with the priority of making our jails the safest in the country. Please refer to our news release posted on Dec. 10 which outlines many of the enhancements that have taken place under my administration.

I urge the San Diego County Board of Supervisors, the County Chief Administrative Officer (CAO) and County Counsel to keep all these oversight structures in mind when they are studying the request from CLERB.

Lastly, as Sheriff, I was elected to manage our county jails. There is no one who is acting with more urgency or dedication than I am to fulfill that obligation.