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Santa Clara County Supervisors Sentenced Over Jail Cell Issue

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Associated Press

All five of Santa Clara County’s supervisors were sentenced to jail terms Monday for violating a judge’s order to provide more jail cells for male inmates.

But retired Alameda County Superior Court Judge Spurgeon Avakian, the fourth judge to handle the 6-year-old suit against the county, dropped his threat to fine the county $9.3 million for failing to come up with a plan to provide 96 one-man cells for violent inmates.

Four supervisors--Chairwoman Dianne McKenna, Zoe Lofgren, Suzanne Wilson and Tom Legan--were given 10-day sentences and fined $2,000. Supervisor Rod Diridon was given only five days because, Avakian said, he made an effort to comply with one of his orders. He was fined $1,000.

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Avakian gave the supervisors until April 16 to serve the sentences and said he would allow them to stagger their jail terms in order not to paralyze county government.

Jail Terms Delayed

However, none of the supervisors will go to jail immediately. Gov. George Deukmejian last week signed a bill by state Sen. Dan McCorquodale (D-San Jose) giving the supervisors an extra 30 days before they will be required to report to jail.

The supervisors said they will appeal Avakian’s contempt citation, and that could delay the jail terms further.

The latest turn in the Santa Clara County jail crisis is being watched by dozens of counties facing similar problems. Nearly half of California’s 58 counties are under court orders or involved in lawsuits over their jails.

About 57,000 prisoners statewide are in county jails designed to hold 40,000 inmates, according to the state Board of Corrections.

The San Jose case began in 1981 when an inmate filed suit charging that the county housed prisoners in facilities so crowded it amounted to cruel and unusual punishment. County officials agreed to a settlement to provide more cells. They said they already have spent $150 million to add 1,400 jail beds, including a $64-million jail under construction.

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