New County Sales Tax Takes Effect Sunday : Officials Weave Plans for Jails and Courts, With an Eye on Lawsuit

On the eve of a new half-cent sales tax to raise money for jails and courtrooms, San Diego County officials on Thursday outlined some of their ideas about how to spend the money, including construction of a Kearny Mesa jail and an expanded jail east of Otay Mesa.

The sales tax increase is scheduled to go into effect on New Years Day. Meanwhile, officials are keeping an eye on a lawsuit, filed by the Libertarians, challenging the validity of the sales tax vote.

The lawsuit is expected to be heard today by a Riverside County Superior Court judge.

At a press conference at the state office building in downtown San Diego, Ernest J. Dronenburg Jr., chairman of the state Board of Equalization, reminded all San Diego County businesses Thursday to begin collecting the new half-cent tax on Sunday. He said the new money is expected to raise about $1.6 billion over the next 10 years for jail and courtroom construction.

$400 Million for Court Space

Sheriff John Duffy said Thursday that $800 million of the money would be used for jail construction and $400 million for courtroom space. The remaining $400 million would be reimbursed to the county for operating expenses.

Duffy and County Supervisor George Bailey said a master plan will be worked up in the months ahead to determine exactly how many and what kinds of jail and courts buildings should be constructed, as well as where they should be located.

Duffy said he favored using the money to expand the proposed East Mesa jail and to build a large jail near the county operations center in Kearny Mesa. He said both construction projects would go a long way to easing the crowding in the six county detention facilities.

“Our jails are currently the worst overcrowded in the entire state of California and probably the entire nation,” he said. “I’ve been unable to find anywhere where they have the capacity exceeded like we do.”

17% Increase a Year in Inmates

The sheriff noted that the annual rate of increase in inmate population has been 17% a year for the five years.

“Going back 10 years, it’s averaged 13% each year,” he said. “That kind of geometric increase has caused the problem we’re in today.

“But, with the new sales tax, now finally there is some hope we’ll be able to catch up and keep up.”

The half-cent increase brings to 7% the tax on retail goods in San Diego County. It also makes San Diego County one of only four other counties--the others being Riverside, Sacramento and Contra Costa--with the highest sales tax in the state.

Suit Filed Over Vote Margin

The lawsuit challenging the San Diego County sales tax increase was filed this summer after San Diego County voters

approved Proposition A by little more than 50% in June. Filed on behalf of a group of Libertarians, the suit alleges that the financing agency set up to disburse the funds is really a quasi-government body and therefore a two-thirds margin of voter approval was needed for passage of the tax increase.

The financing agency, formally called the San Diego County Regional Justice Facility Financing Agency, is headed by Bailey, who is also chairman of the County Board of Supervisors.

However, Dronenburg said that, if the lawsuit prevails today in Riverside--where it was moved on a change of venue--the case probably will languish for a long time in the appeals process.

Meanwhile, he said, the tax collections can begin, with the financing agency possibly receiving the first of the proceeds by spring.