Tentative Pact Reached in Jail Crowding Suit

A tentative settlement has been reached in the lawsuit seeking to reduce crowding at the five outlying San Diego County jails, and officials said Monday that the agreement will dramatically slash the number of inmates packed into the detention facilities.

The settlement, which was quietly reached in courtroom chambers last week, is scheduled for final approval Dec. 1, when Superior Court Judge Barbara T. Gamer is expected to sign a consent decree ordering new inmate reduction levels that would be phased in during the next several years.

In addition, the order will end by Jan. 1 the practice of inmates sleeping on cell floors, and a new inmate grievance procedure will be implemented to safeguard prisoners’ rights.

“We’re satisfied that this is a fair settlement,” said Alex Landon, a public defense attorney who has worked with the local American Civil Liberties Union in filing the lawsuit on behalf of inmates in the five outlying jails.

“Overcrowding was our major concern, and the overcrowding issue is addressed properly in this settlement.”

The lawsuit, filed in July, 1987, against the county, had been scheduled for a lengthy and complex jury trial in January.

But under the tentative settlement, the new inmate reduction levels would be accomplished with the completion of construction on the expansion of the Vista and Las Colinas jails next year and the opening of a new, 1,200-bed jail on Otay Mesa in 1990.

Future jail sites will be made available under Proposition A, which was approved by voters in June and is expected to raise about $1.6 billion to meet the county’s jail and court needs over the next 20 years.

The tentative settlement does not cover the central facility downtown, which has been the subject of a separate class-action lawsuit brought by the ACLU and is now under court supervision.

Overall Improvements

The agreement also does not specifically address the high number of alleged incidents of deputies assaulting inmates in the crowded jails. But the settlement does suggest that overall living conditions for inmates will improve when the extreme overcrowding is alleviated.

As part of the tentative settlement, officials from the ACLU, the county and the Sheriff’s Department agreed not to discuss the terms or merits of the settlement until after the Dec. 1 court hearing.

However, copies of a three-page bulletin were posted for inmates to read in the five jails. The notices list highlights of the tentative settlement, and encourage any inmates who object to the settlement to notify the ACLU.

A copy of the bulletins, obtained Monday by The Times, states that the judicial order would set specific inmate levels.

- The Vista jail, currently closed for expansion, will have an inmate population of 937 when the expansion project is completed in May. That limit will be maintained until June 30, 1991, when it will drop to “no more than 886 inmates.”

- The Las Colinas women’s jail, which also is being expanded, will hold no more than 478 inmates after the construction work is completed in January.

On Monday, the Las Colinas detention facility housed 508 inmates even though the jail is rated for only 203. That means the jail was at 250% of capacity.

- The number of inmates at the El Cajon jail will be reduced to 251 by July 1, 1990. That facility Monday was at 648% of capacity, with 738 inmates jammed into a jail rated for only 120.

- At the South Bay jail, the inmate population would be cut to 373 by July 1, 1990. The facility Monday was at 523% of capacity, with 1,005 inmates in a jail rated for 192.

- The number of inmates at the Descanso honor camp will be cut to 440. On Monday it was at 242% of capacity, with 545 inmates housed in a building rated for 225.

“In general, this means that there will be no more than two inmates per cell except for a few larger cells,” the bulletin says.

“In facilities with dorm rooms, there will be sufficient space to move about, and day rooms now used for sleeping will be restored to free space.”

New Grievance Procedure

The bulletin also points out that while the settlement concerns only overcrowding, there also will be improvements in general living conditions for inmates.

“With fewer inmates in each facility, other conditions, such as health care, will improve,” it says.

The tentative settlement also calls for a new grievance procedure for inmates.

Landon said that under current jail policies, there is no deadline for the Sheriff’s Department to review inmate complaints, which range from beatings by guards to inadequate medical attention.

Under the new procedures, sheriff’s deputies must review a complaint within 20 calendar days. If a complaint is rejected during that time, the inmate can then pursue his grievance in court.

In summarizing the tentative settlement, the bulletin concludes:

“Trial of the case was set for January. It would have taken months to try the case and additional time after trial before a final order could have been entered. We do not believe that the court would have made a better order than what the agreement provides for.”