Orange County Severely Affected : Overcrowded Jails: Crisis Is Escalating

Milwaukee Brewers 1, Wisconsin 0.

That’s the courtroom score after a judge last year threw out plans for a new prison three-quarters of a mile from Milwaukee County Stadium, ruling that officials must consider the adverse economic impact the prison might have on baseball club owner Bud Selig.

While legal appeals continue, some Wisconsin politicians are furious with Selig because they finally had found a legislator who was willing to accept a new prison in his district. The proposed site: A rusty old railroad yard in an abandoned industrial area.

In Orange County, similar trouble is expected from the Los Angeles Rams, the California Angels, Disneyland and the City of Anaheim over last week’s Board of Supervisors’ decision to put a new, 1,000-bed maximum security jail half a mile from Anaheim Stadium.

Throughout the United States, officials face an escalating prison and jail overcrowding crisis, resulting in a mad dash for construction funds and politically acceptable sites. But officials say nowhere else is the problem more serious than in California, where new, tougher laws, crackdowns on crimes such as drunk driving, stricter bail rules and longer sentences have sent inmate populations soaring well beyond the design or lawful capacities of existing correctional facilities.

Some examples:

- In Los Angeles County, the Board of Supervisors last week adopted an emergency measure to allow the release of about 240 jail inmates who will be supervised by probation officers. The inmates are suspects who qualify for bail but cannot afford it. The county has about 20,000 inmates in facilities with an 11,824-bed capacity. There’s court monitoring, ongoing litigation involving the American Civil Liberties Union and an investigation by the Justice Department of possible civil rights violations. Officials have been swamped by a dramatic surge in inmates since Jan. 1, with the jail’s daily population increasing by 2,000.

- The Riverside County Board of Supervisors approved a similar measure last week following a judge’s order. Seven people will be hired to screen inmates who will be released pending trial. The judge acted on the overcrowding issue even before the case challenging jail conditions had been decided.

- In Contra Costa County, which appears to have lost out to Kern County in the fierce competition for scarce state jail bond construction funds, officials are deciding whether to put some inmates in a hotel.

- San Diego County, racked by controversy over early inmate releases and cases where jail sentences imposed by judges aren’t served at all, is seeking a half-cent sales tax to finance a new jail near Santee.

- A succession of state and federal judges has virtually taken control of the Santa Clara County Jail, resulting in the court-ordered construction of emergency inmate housing at branch locations. A 1984 Legislative Report from the state Board of Corrections indicated that Santa Clara had the most-troubled jail system in the state. State officials say little has occurred since 1984 to change their assessment.

Court-Ordered Caps

“The jail population is exploding,” said Mark Morris, state project director for jail construction funding. “Our latest figures show that 25 (out of 58) of California’s counties are operating jails under court orders or ongoing litigation. Some 13 of them have had court-ordered population caps placed on them.”

A soon-to-be-released report from the state Board of Corrections to the California Legislature is expected to show that last year, county jails in the state had an average daily inmate count of 49,805 but a capacity of only 39,618 beds, with many inmates sleeping on floors or in makeshift, outdoor camps.

Help is on the way. State jail bonds approved by voters in 1982 and 1984 have produced more than $400 million in construction contracts. Most of the funded projects will be ready to accept inmates in two to three years.

Increase Capacity

Such construction will increase capacity by 10,126 beds statewide, according to Morris. County-financed improvements are expected to add another 1,437 beds.

But officials warn that the jail population is growing at a staggering 10% annual rate, and if the pace continues, planned projects won’t be able to absorb the increase.

That’s why California voters will see another jail bond measure on the statewide ballot in November: Proposition 52.

Orange County has one of the most serious jail overcrowding problems, and even with state jail bond construction grants, officials will be plagued by funding crises. A new $63-million intake-release center is under construction, but the county needs both the 1,000-bed emergency facility near Anaheim Stadium and a much larger, 5,000-bed facility that would be located in a rural area.

Contempt of Court

Last year, U.S. District Judge William P. Gray held Orange County Sheriff Brad Gates and the Board of Supervisors in contempt of court, imposed fines and ordered a 1,500-inmate limit. A tent city was hastily erected at an honor farm, a minimum security facility in Orange is being expanded and a Superior Court judge two weeks ago authorized the release of some inmates up to five days before their terms expire.

But there are still days when the inmate population exceeds the court-imposed limit. Faced with another contempt hearing last week, the Board of Supervisors angered the county’s biggest city by selecting an Anaheim site for an emergency jail.

Judge Gray, who also has jurisdiction over litigation involving the Los Angeles County jail system, ruled Thursday that Orange County is making good-faith efforts to comply with his orders.

Officials Worried

But county officials say they are still worried. They are concerned that they may not be able to use the tents at the James A. Musick Honor Farm in Irvine much longer because of coming summer temperatures and potentially unsanitary, unhealthful conditions.

“If we lose the tents, our ability to meet judicial deadlines evaporates,” said Dan Wooldridge, aide to Board of Supervisors Chairman Ralph Clark.

The tents were supposed to be a 90-day, temporary measure. But inmates have been kept in them for 277 days because other facilities haven’t been able to handle an unexpectedly large increase in the number of incoming prisoners throughout the system.

In various brainstorming sessions, county officials have formulated contingency plans for putting inmates in all kinds of publicly owned structures, including a fenced-in Santa Ana Stadium. The stadium is across the street from the county’s existing main jail.

Use of Hotel Proposed

In Contra Costa County, Supervisor Tom Powers proposed using a hotel to house some inmates who would undergo various counseling programs as an alternative to confinement behind bars.

The concept is under review after the sheriff requested, and was granted, a Declaration of Emergency to speed construction of a new, 60-bed detention facility.

Contra Costa has plans for a bigger jail, but expects to lose out to Kern County in the competition for state jail bond construction money.

Ironically, Contra Costa has the state’s lowest incarceration rate. Moreover, its main jail is the only California facility certified as a “model” jail by state and federal authorities. The federal government actually pays Contra Costa County to take law enforcement officials on tours of the jail and provide “hands-on” training to corrections officers from other jurisdictions. But the facility was built in 1980 to house 368 inmates and its population now hovers between 500 and 600 people.

‘One Step Ahead’

Powers said that while the county has been involved in some litigation over overcrowded jail conditions, it has “stayed one step ahead of the judges” and has avoided the kind of day-to-day court orders issued in Santa Clara County. How? Through special work details that allow inmates to work outside on road gangs, for example. The inmates get paid, but then reimburse the county for its expenses.

“We believe our corrections people are capable of making decisions about where inmates should be, and that the courts are not equipped to do that,” Powers said.

He said judges in some counties order sheriffs to release some people arbitrarily. “Some people who should be in jail are out, and some people who are in jail shouldn’t be.”

The emergency declaration in Contra Costa County followed a lock-down and racially related rioting in the main jail. The declaration gives the county a major advantage in dealing with jail overcrowding: Authority to sidestep some of the environmental review requirements contained in the California Environmental Quality Act, speeding site selection and construction.

Legal Problems

Orange County contemplated a similar emergency declaration but County Counsel Adrian Kuyper advised against it, citing potential legal problems.

Meanwhile, Powers said he is willing to accept a new jail in his Contra Costa County supervisorial district, where it is likely to be built.

“I wanted it in my district, and so did my constituents,” Powers said. “There are some neighborhood problems, and the school district isn’t happy about it. But we wanted it because it makes law enforcement better. Having a local jail means officers can spend more time out on patrol and less time transporting themselves and prisoners to and from a jail farther down the road.”

However, Powers has benefited from the fact that opposition to the proposed jail site comes not from his own constituents, but from residents of an adjacent district. The site is right on the border.