Judge Chides County, Warns He May Block Closing of Jail in Vista

A Superior Court judge Wednesday warned that he may order county officials not to close the Vista jail for expansion if the move would exacerbate already crowded conditions at the county’s central jail in downtown San Diego.

At a hearing in a continuing lawsuit over crowding at the San Diego jail, Judge James A. Malkus expressed disappointment with the county’s failure to come up with cell space for about 500 inmates who will be displaced when the Vista jail shuts in mid-May.

Malkus noted that “we’ve been talking about this problem for 26 months” and suggested that he would not look favorably upon a county request to temporarily house the Vista inmates in the downtown jail, which was 161% of capacity Wednesday.

Doubts Judge’s Authority

Deputy County Counsel Anthony Albers, however, said he did not believe Malkus has jurisdiction to bar closure of the Vista jail, which is scheduled to be evacuated for a year May 16. Albers noted that the lawsuit over which Malkus presides only concerns the central jail and does not deal with conditions at any of the county’s outlying facilities.

“From my point of view, this court does not have the authority to tell us not to close Vista,” Albers told the judge.

Malkus promptly responded that “minds of reasonable people can differ” and said he believed he had the legal right to block or delay the closure if the action would cause the central jail population to exceed a court-imposed limit.

In 1980, Superior Court Judge James Focht limited the number of inmates at central to 750, but the cap was expanded to 1,050 by Malkus--specifically to make room for prisoners transferred from Vista. On Wednesday, the central jail population was 1,175.

“That number in itself is above the 1,050 . . . limit that is only in effect when Vista closes,” Malkus said. “I’m ordering that Vista not be closed until there are other facilities in San Diego, whether permanent or temporary, whether modules or tents, that can be used for the people from Vista.”

One Problem After Another

At first, the county had planned to accommodate the Vista inmates in a 600-bed temporary men’s jail planned for a county-owned site next to the Las Colinas women’s jail in Santee. But legal challenges have held up that project. Assuming that the final legal hurdle--which involves the availability of sewer service--is cleared, the Santee jail will be ready in early September.

Another plan to house some inmates at the Descanso detention facility was doomed because that jail’s sewage treatment system is overburdened. Also, county officials were banking on the Santee jail and scrapped a project that would have freed some more inmate space at Descanso.

All this means there is a window of time during which the Vista prisoners will have to be sheltered elsewhere. But all of the region’s jails are already significantly crowded. On Wednesday, for example, 916 people systemwide were sleeping on the floor, the Sheriff’s Department reported.

Albers said the county plans to file a motion with the court asking Malkus to raise the inmate ceiling downtown to 1,250 inmates. He said triple-bunking at the 28-year-old facility will enable all prisoners to have beds.

The county also will increase staffing at the jail to accommodate the population increase, Albers said.

Malkus hinted that he would be reluctant to allow such a population increase, but he set a hearing on the motion for May 11.

Question on Use of Tents

Meanwhile, the judge repeatedly asked county officials if they had considered housing the inmates in canvas tents during the construction.

Albers replied that, although the county is “looking into it,” confining inmates in tents is expensive and poses security problems because “you can’t see what’s going on inside.” He also noted that there are environmental problems associated with having inmates shower and eat in tents for any length of time.

“It’s not impossible,” Albers said. “It’s highly undesirable.”

Alex Landon, an attorney who filed the lawsuit challenging central jail conditions for the American Civil Liberties Union, expressed concerns about raising the population cap to 1,250.